Ordinance 78-2112 ORDINANCE NO. 78-2112
AN ORDINANCE F-DOPTING SECTIONS 21-14 THROUGH
21-20. 17 OF THE CODE OF METROPOLITAN DADE COUNTY,
COMMONLY KNOWN AS THE GUN CONTROL ORDINANCE, AS
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA;
AND REPEALING SECTIONS 25-102 THROUGH 25-119 . 1,
EXCEPT SECTION 25-114, OF THE CODE OF THE CITY
OF MIAMI BEACH.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1: That the existing Sections 25-102 through 25-119 . 1,
except Section 25-114 , of the Code of the City of Miami
Beach be and the same are hereby repealed and that Sections 21-14
to 21-20. 17 of the Code of Metropolitan Dade County, commonly known
as the "Gun Control Ordinance" be and the same are hereby adopted
and made an ordinance of the City of Miami Beach, provided that all
references to the Dade County Commission shall be deemed to be the
City Commission of the City of Miami Beach; the Public Safety
Director to be deemed to be the Chief of Police; the County Attor-
ney' s office to be deemed tho City Attorney' s office; and the Trail
Glade Range or Park Employee to be deemed the City Manager ' s office.
SECTION 2 : That Sections 21-14 through 21-20. 17 of the Code of
Metropolitan Dade County and Section 25-114 of the Code
of the City of Miami Beach be and the same are hereby amended to be
renumbered as new Sections 25-102 through 25-128 of the Code of the
City of Miami Beach and to read as follows:
"Sec. 25-102 . Dangerous weapons; penalty; trial court.
(a) Concealed dangerous weapons. It shall be
unlawful for any person to wear under his clothes,
or concealed about his person, or to display in a
threatening manner any dangerous or deadly weapon
including, but not by way of limitation, any pistol,
revolver, slingshot, cross-knuckles or knuckles of
lead, brass or other metal, or any bowie knife,
razor, dirk, dagger, or any knife resembling a
bowie knife, or any other dangerous or deadly
weapon, except as hereinafter provided,
(b) Switch blades. It shall be unlawful for any
person to sell, offer to sell, display, use, possess
or carry any knife or knives having the appearance
of a pocket knife, the blade or blades of which can
be opened by a flick of a button, pressure on the
handle, or other mechanical contrivance. Any such
knife is hereby declared to be a dangerous or deadly
weapon, within the meaning of subsection (a) and
shall be subject to forfeiture to the city as provided
by subsection (c) .
(c) Forfeiture in addition to other penalties.
Every person convicted of any violation of this sec-
tion shall forfeit to the city such dangerous or
deadly weapon so concealed or displayed.
(d) Exception. Nothing in this section shall be
construed to forbid any regular, special or ex officio
police officer from carrying or wearing, while on
duty, such weapons as shall be necessary in the pro-
per discharging of his duty.
(e) Penalty. Every person who is convicted for
a violation of subsection (a) shall for first convic-
tion thereof be punished by imprisonment for not less
than six (6) months and by a fine of not less than
one thousand dollars ($1, 000. 00) ; for a second or
subsequent conviction of a violation of subsection
(a) such person shall be punished by imprisonment
for not less than one (1) year and by a fine of not
less than one thousand dollars ($1, 000. 00) .
•
OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
(f) Metropolitan Court vested with trial juris-
diction. All violations of section 25-102 (a) shall
be prosecuted only in the Metropolitan Court which
shall have original, exclusive jurisdiction to try
all cases arising hereunder. Provided, however,
that where an act is recognized by state law as a
misdemeanor and by this section as an offense, com-
plaints against persons charged with such unlawful
acts may be filed and prosecuted in either the
Metropolitan Court or the Criminal Court of Record
of Dade County, Florida, as the prosecuting attorney
shall direct.
(g) Certain municipal ordinances superseded. The
provisions of section 25-102, Miami Beach City Code,
shall pertain to all violations thereof within the
city and supersede and nullify those provisions of
any and all municipal ordinances, codes and laws
which define or penalize any act prohibited by sec-
tion 25-102 (a) except those municipal ordinances,
codes and laws not in conflict therewith and which
contain an identical penalty provision.
Sec . 25-103 . Sale, loan, etc. , weapons to intoxicated
persons, etc.
It shall be unlawful for any person to sell, loan
or furnish any firearm as defined in section 25-110 (a)
to any person whom he knows or has reasonable cause
to believe is under the influence of alcohol or any
narcotic, drug, stimulant, or depressant, or who is
of unsound mind, or who is a member of any subversive
organization. In addition to all other penalties,
such unlawful sale, loan or furnishing shall be grounds
for revocation of any license issued by the city to
such person.
Sec. 25-104 . Possession of weapons by felons, intoxi-
cated persons, etc.
It shall be unlawful for any person who has been
convicted of a felony, or who is under the influence
of alcohol or a narcotic or drug to wear or have about
his person or in any vehicle in which he is an occu-
pant any firearm or other dangerous or deadly weapon.
Sec. 25-105 . Handling weapon in dangerous manner.
It shall be unlawful for any person to display,
flourish, or handle in a threatening manner, any
dangerous or deadly weapons in the presence of one
or more person, except in self-defense of person or
property.
Sec. 25-106 . Discharge of firearms over private
property.
(a) Any person who discharges firearms on or over
any privately owned property without the prior written
permission of the owner or occupant of the property
carried in his possession shall be punished by a fine
not to exceed five hundred dollars ($500. 00) or by
imprisonment in the county jail for a term not to
exceed sixty (60) days, or by both such fine and
imprisonment, in the discretion of the court.
(b) The written permission required shall contain
the name and the signature of the owner or occupant
of the property giving permission, a description of
the property, the name and address of the person per-
mitted to discharge firearms, and the date or dates
for which permission to discharge firearms is given.
- 2 - •
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
(c) This section shall not apply to a person law-
fully defending life or property or performing official
duties requiring the discharge of firearms.
(d) This section is applicable within the territorial
boundaries of the city and all violations thereof shall
be prosecuted in the Metropolitan Court. Where the
offense set forth involves violations by juveniles,
the same shall be tried in the Dade County Juvenile
and Domestic Relations Court when so required by the
laws of the State of Florida.
(e) The provisions of this section shall be cumula-
tive and additional to and not in derogation of any
and all other provisions of law relating to this offense.
Sec. 25-107 . Disposition of weapons seized on arrest.
It shall be the duty of every police officer, upon
making any arrest and taking a weapon under any pro-
vision of this chapter, to deliver such weapon to the
officer in charge of the property management unit of
the city' s police department, to be held until the
final determination of the prosecution by the court.
Upon a finding of guilt, it shall be the duty of the
officer in charge to deliver the weapon or weapons
forthwith to the Metropolitan Dade County Public
Safety Department which shall dispose of the weapon.
If the person charged be acquitted of the offense,
the weapon taken from him shall be returned to him
upon request; provided, however, that if it is not
called for within sixty days from and after the date
of his acquittal or the dismissal of the charges
against him, the weapon shall be disposed of as in
the case of conviction.
Sec. 25-108 . Sale of Saturday night specials
prohibited.
It shall be unlawful for any person to sell or
otherwise transfer any Saturday night special as
defined in section 25-111 (b) or offer or expose
for sale or transfer any such Saturday night special.
(a) Notwithstanding the foregoing provisions of
this section, the sale of Saturday night specials
to law enforcement agencies or for authorized military
use shall not be subject to the limitation herein
set forth.
(b) This section shall not apply to wholesale
dealers in their business intercourse with retail
dealers nor to retail dealers in their business
intercourse with other retail dealers nor to whole-
sale or retail dealers in the regular or ordinary
transportation of unloaded firearms, merchandise by
mail, express or other mode of shipment, to points
outside the country, nor to sales or transfer of
firearms that do not use a self-containing cartridge.
Sec. 25-109 . Registration of sales and transfers
required; penalty.
(a) Register. Every person engaged in the busi-
ness of selling, leasing, or otherwise transferring
firearms as defined in section 25-111 (a) , of the size
capable of being concealed on the person, whether
such seller, lessor or transferor is a retail dealer,
pawnbroker, or otherwise, shall keep a register in
which shall be entered the date and time of sale,
lease or tranfer; the name of the salesman making
the sale, lease or transfer; the place where sold,
leased or transferred; the make, model/manufacturer ' s
number, calibre or other marks of identification of
such firearm; the purchaser ' s name, address, color,
- 3 - •
OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
sex, age, weight, height, complexion, color of hair,
birthplace, place of residence, length of residence,
occupation, employer, the purpose for which the gun
is desired, the date and time of delivery.
(b) Purchaser and seller to sign. The person to
whom such firearm is sold, leased or otherwise trans-
ferred shall sign and the dealer shall require him
to sign his name and affix his address to the register
in duplicate and the salesman shall affix his signa-
ture in duplicate as a witness to the signature of
the person to whom such firearm is sold, leased or
transferred.
(c) Waiting period required for handgun. The
person to whom such handgun is sold, leased or other-
wise transferred shall wait, and the dealer shall
require him to wait, a period of seventy-two (72)
hours prior to such person acquiring possession of
such handgun.
(d) Fictitious name prohibited. Any person
signing a fictitious name or address in such register
is guilty of a violation of this section.
(e) Exceptions. This section shall not apply
to wholesale dealers in their business intercourse
with retail dealers nor to retail dealers in their
business intercourse with other retail dealers, nor
to wholesale or retail dealers in the regular or
ordinary transportation of unloaded firearms, mer-
chandise by mail, express or other mode of shipment,
to points outside the city, nor to sales or transfer
of firearms that do not use a self-containing cartridge.
(f) Penalty. Every person who is convicted for a
violation of section 25-109 (c) shall be punished upon
a first conviction by imprisonment for not less than
six (6) months or by a fine of not less than one
thousand dollars ($1, 000. 00) or by both such fine
and imprisonment, in the discretion of the court
and on a second and subsequent conviction shall be
punished by imprisonment for not less than one year
or by a fine of not less than one thousand dollars
($1, 000. 00) or by both such fine and imprisonment,
in the discretion of the court.
Sec. 25-110 . Registration by owner, etc.
Every person owning or possessing a firearm in the
city shall provide the chief of police with the infor-
mation set forth in section 25-109 (a) hereof on a
registration form designed or approved by the chief
of police and it shall be unlawful for any person to
possess a firearm, or firearms in the city unless such
firearm or firearms are duly registered in accordance
with the provisions thereof; provided that such owner
or possessor shall not be required to be fingerprinted
or photographed or to pay an application fee.
A person may not possess or harbor any firearm,
whether concealed or not concealed, if such person is
ineligible to register such firearm with the licensing
authority pursuant to the provisions of this chapter.
LICENSE TO SELL FIREARMS
Sec. 25-111. Definitions.
(a) The word "firearm" as used in this chapter
shall be construed to mean any firearm, weapon,
revolver, pistol, autoloading pistol, modified rifle
or shotgun, or any similar mechanism by whatever name
known, which is designed to expel a projectile through
a gun barrel by the action of any explosive, having
- 4 - ,,
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
the size, length or dimensions which make it capable
of being concealed upon the person, and originally
designed or altered to be used by one hand and having
a barrel length of less than sixteen (16) inches, and
an overall length of less than twenty-six and one-half
(26 1/2) inches, but the word firearm shall not be
construed to mean guns that do not use self-contained
cartridges.
(b) The term "Saturday Night Special" shall mean
any firearm which is 32 caliber or smaller, whose
barrel is less than three (3) inches, except those
whose frame is an investment cast or forged steel,
or investment cast or forged high tensile alloy.
(c) The word "sale" includes transfer, assignment,
pledge, lease, loan, barter, or gift.
Sec. 25-112 . License--Required to sell.
(a) It shall be unlawful for any person who,
without being licensed as provided in this chapter,
to engage in the business of selling or otherwise
transferring any handgun or to advertise for sale,
or offer or expose for sale or transfer any handgun
defined in section 25-111 (a) or to engage in the
business of repairing, handguns . This section applies
to persons in the firearms business or in the busi-
ness of gunsmithing, and does not apply to:
(1) Sales or trades by an unlicensed person to
a person licensed hereunder, nor to
(2) Isolated sales, transfers or trades between
unlicensed persons who are not engaged in
the firearms business or in the business
of gunsmithing.
(b) The provisions of this section shall not apply
to gun shows, conferences or conventions which are
staged under the auspices of a duly recognized non-
profit state or national organization.
Sec. 25-113. Same--Granted by commission.
The city commission may grant licenses in the form
prescribed by the city commission permitting the
licensee to sell said handguns within the city on
the premises named therein.
Sec. 25-114 . Application for license; content.
Applicants for licenses to sell must file their
applications in duplicate copies in the form pre-
scribed by the city commission, with the finance director.
All applications must be signed and verified by all
persons in whose names the license may be issued.
The application shall state the full name, age, resi-
dence, present and previous occupations of each person
so signing the same, and shall also specify the complete
name, address and location of the place of business,
as well as other facts as may be required to show the
good character, competency and integrity of each per-
son so signing.
Sec. 25-115 . Demonstration of knowledge of city,
county, state and federal laws
applicable to sale of firearms required.
As part of the application procedure for a license
to sell firearms, the city commission s1iall set up two
(2) different type licenses. The first license shall
be described as the dealer license, which shall be
issued to the owner, corporation, or partner, or
general manager; and the employee license, which shall
- 5 - •
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
be issued to any employee who is engaged primarily in
retail sale of firearms. The city commission shall
appoint a four (4) member committee consisting of a
member from each of the following: Police Department,
City Manager ' s office, City Attorney' s office, and a
fourth member from the local gun dealers. It shall be
the duty of this committee to prepare a guide manual
from which questions on a short written examination
will be taken so that the applicant, whether he be a
dealer or employee, shall have to show his knowledge
of federal, state, county and city laws by a testing
procedure which shall be multiple choice or true and
false, drawn up by this committee, based on the guide
book. If the applicant shall have difficulty with the
written or spoken English language, which seriously
impairs his ability to demonstrate his knowledge of such
laws, special provisions shall be made through an
interpreter or otherwise, for the administration of the
required written examination to such person. In the
event of failure, the applicant may retake the test
seven (7) days from date of examination, however, no
person shall be allowed to take this test more than
three (3) times in a twelve (12) month period.
Sec. 25-116 . Investigation of application;
fingerprinting.
(a) The city commission may require, upon initial
application, for applicants for licenses, to be finger-
printed, and may require them to attach to their initial
applications, their photographs. The chief of police
shall make a records check of each applicant. The
chief of police shall make a complete investigation
only when so directed by the city commission.
(b) Such fingerprinting shall be searched for any
previous criminal record and shall be placed on file
by the chief of police of the city. No such finger-
printing may be inspected by any person, other than a
peace officer, except upon order of a judge of a court
of record on such notice, if any, to the person who
has been fingerprinted as the judge may determine.
Sec. 25-117 . Issuance of license.
(a) Upon completion of the following:
(1) An investigation showing the statements on the
application to be true; and -
(2) The taking and passing of the required written
examination on gun control laws and applicable
to the sale of firearms in the city; the city
commission shall inquire into the good chara-
cter, competency and integrity of the applicant.
If the commission is satisfied as to the appli-
cant' s good character, competency and integrity,
a license to sell shall be issued to the appli-
cant within thirty (30) days of application,
and the committee should also assign a permanent
license number to each applicant.
(b) No license may be issued to any person who has
been convicted of a felony in this state or elsewhere
or who is under eighteen (18) years of age.
(c) No license may be issued solely in the name of
a corporation, firm, partnership, company or other
fictitious entity, but the corporate name may be listed
on the license.
(d) Annual renewal for either dealer or employee
shall be a duplicate simple form listing only name,
address, company name and address, City of Miami Beach
license number, and notarized signature.
- 6 -
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
Sec. 25-118 . File of applications and licenses.
After disposition of the application, the original
shall be maintained in the files of the city commission.
The duplicate copy shall be filed with the chief of
police. Attached thereto shall be information as to
the final disposition of the application.
Sec. 25-119 . Conditions; revocation.
(a) A license issued in accordance with the pro-
visions of this chapter is subject to the following
conditions, for breach of any of which the license
is subject to revocation:
(1) The business shall be carried on only in
the premises designated in the license.
(2) The license or a copy certified by the issuing
authority shall be displayed in a conspicuous
place on the premises in which the business
is conducted where it can be easily read.
(3) No handgun, or imitation thereof, shall be
placed in any.. display window of the premises.
(4) No handgun shall be delivered:
(a) Until seventy-two (72) hours after the
sale has been completed, unless the
purchaser is the possessor of a valid
license to carry firearms issued
within the state, which license to carry
shall be displayed at time of sale, except
where an operable firearm is traded for
another operable firearm as defined in
section 25-119 of this chapter.
(b) Unless the purchaser is either personally
known to the licensee, or presents con-
clusive evidence of his identity, proper
identification as required by Omnibus
Crime Bill of 1968, said evidence to be
noted on the sales record.
(c) Unless the delivery is made to the identi-
cal individual who has purchased the fire-
arm, by proof of dealer receipt.
(d) The provisions of this section shall not
apply to duly employed federal, state,
county or municipal law enforcement officers .
(5) A true record of every sale of firearms as
defined in this chapter shall be kept by the
licensee in accordance with the provisions of
section 25-109 of the city code, on a form
prescribed by the chief of police, and a copy
of the record of each sale shall be mailed to
the chief of police within seventy-two (72)
hours of the delivery of the firearm.
All firearms with overall length of twenty-six
and one-half (26 1/2) inches shall be excluded
from this requirement.
(b) The following shall also constitute grounds
for revocation of the license:
(1) Conviction of the licensee of any felony.
- 7 - •
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
(2) Any grounds for which the license could have
been refused when applied for.
(3) Conviction for violation of section 25-128 of
this Code.
Sec. 25-120. Inspection of sales record book.
A sales record book, as required by the Federal
Firearms Act, shall be open at all reasonable hours
for the inspection of any police or peace officer.
Sec. 25-121. Licenses nontransferable; expiration
date; renewals.
(a) Licenses are not transferable. It shall be
unlawful for any licensee to assign, sell, lease or
in any manner transfer or attempt to sell, lease or
in any manner to attempt to transfer said license to
sell or any rights or duties thereunder, to any per-
son, persons, firm, partnership, corporation, company
or other fictitious entity.
(b) If, during the period of the existence of the
license, a person so licensed ceases to engage in the
said business or ceases to sell firearms, said license
may be surrendered to the city commission who may
order the removal of said person' s name from the
license and thereby relieve said person from future
responsibility under the license as of the date of
the removal of the name. All copies of said license
shall be corrected.
(c) Any licensed employee may work at any other
licensed dealer premises in the City of Miami Beach
without notice of transfer to the city commission.
(d) All licenses issued under this chapter shall
expire one year after issuance. Every application
for a license to sell, including subsequent succes-
sive renewals, may be investigated as provided for
in section 25-116 of this chapter. City must, via
certified mail, give thirty (30) days written notice
of expiration and send simplified renewal forms .
(e) Licenses may be revoked for cause by the
city commission at any time. The licensee or
licensees shall be entitled to an immediate hearing
upon the merits to obtain reinstatement _of said
license.
Sec. 25-122 . Review of orders denying license,
revocation.
The circuit court shall review orders denying a
license to sell and orders denying reinstatement of
a revoked license.
Sec. 25-123 . Fees, charges.
The initial fee for a license, whether it be dealer
or employee, to sell firearms shall be determined by
the manager and shall be established by administrative
order of the manager and approved by the city commis-
sioners, which sum must accompany the application;
provided, however, that the said sum is returnable if
the application is subsequently denied. Renewal ap-
plication shall have a license fee determined by the
manager, as provided for in this section whether it
be dealer or employee. Fees collected for licenses
issued as provided in this chapter may be paid into
the city treasury.
- 8 - •
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
Sec. 25-124 . Sale of firearm with serial number
defaced prohibited.
It shall be unlawful to sell any firearm whose
serial number has been altered, changed, disfigured
or defaced.
Sec. 25-125 . Sale or delivery of firearms or ammunition
to certain classes of persons.
It shall be unlawful to sell or deliver any firearm
or any ammunition therefor to any person who the seller
has reasonable grounds to believe is under the influence
of intoxicating liquor, narcotic drugs or barbiturates,
or hallucinogens, or is addicted to the use of any nar-
cotic drug or barbiturate, or hallucinogens, or is a
habitual alcoholic, or is of unsound mind; or has been
convicted of a felony; or is a fugitive from justice;
or is a member of a subversive organization.
Sec. 25-126 . Penalty.
Every person who is convicted of a violation of this
chapter shall be punished by a fine not to exceed five
hundred dollars ($500,100) or imprisonment in the county
jail for not more than thirty (30) days, or by both such
fine and imprisonment; for a second conviction of a
violation of this division such person shall be punished
by a fine not to exceed one thousand dollars ($1, 000 . 00)
or imprisonment in the county jail not more than twelve
(12) months, or by both such fine and imprisonment.
Sec . 25-127 . Handgun purchaser ' s instruction and
qualification procedure.
(a) Instruction and qualification procedure required.
It shall be unlawful for any person to acquire a hand-
gun in the City of Miami Beach from a licensed dealer
unless such person has received safety instruction and
otherwise qualified, pursuant to this section, or unless
he is specifically exempted from the operation of this
section.
(b) In order to qualify under this section the pur-
chaser must demonstrate his knowledge of federal, state,
county and City of Miami Beach laws by passing a short
written examination consisting of questions prescribed
herein by the city commission. The purchaser must also
demonstrate his ability to safely handle the handgun to
be purchased pursuant to guidelines prescribed herein
by the city commission. Persons who have successfully
completed the above procedures in the course of pur-
chasing a handgun shall not be required to repeat such
procedures in any given year in order to purchase
another handgun of the same type and caliber previously
purchased. If the purchaser shall have difficulty with
the written or spoken English language, which seriously
impairs his ability to demonstrate his knowledge of
such laws and his ability to safely handle said handgun,
special provisions shall be made through an interpreter
or otherwise, for the administration of the required
written examination and qualification procedure to such
person. In the event of failure, the applicant may
retake the test seven (7) days from the date of exami-
nation, however, no person shall be allowed to take
this test more than three (3) times in a twelve (12)
month period as a result of such failure.
- 9 - r
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
(c) The transferor shall administer unto the pur-
chaser safety procedures as prescribed by the city
commission prior to the purchaser acquiring ownership
or possession of the handgun, and shall execute the
prescribed form that said procedure has been imparted
to the purchaser.
The above prescribed procedure shall be admin-
istered only by duly licensed dealers or salesmen under
this chapter.
The signature of the purchaser upon the pre-
scribed form shall serve as a release of the transferor
from all civil liability as a result of carrying out
this section.
(d) The city commission shall appoint a four (4)
member committee consisting of a member from each of
the following: Miami Beach Police Department, City
Manager' s office, City Attorney' s office, and a fourth
member from the local Miami Beach gun dealers.
The committee shall from time to time advise
the city commission of needed changes in the prescribed
procedure and form. Such changes shall become effective
upon the consideration and approval of the city com-
mission.
(e) Exception. This section shall not apply to:
(1) Law enforcement officers or agents of any
state of the United States, or any political
subdivision, municipal corporation, department
or agency of either, members of the organized
militia of any state or the armed forces of
the United States, or law enforcement officers
of any political subdivision, municipal corpora-
tion, department or agency of either, while
engaged in the discharge of their official
duties.
(2) Wholesale dealers in their business intercourse
with retail dealers or retail dealers in their
business intercourse with other retail dealers
or to wholesale or retail dealers in the regular
or ordinary transportation of any unloaded fire-
arms, merchandise by mail, express or other mode
of shipment to points outside the country.
(3) Nonresidents of the United States having pro-
per authorization from his or her consulate,
acting consulate, commercial attache, or such
other authorized representative.
(4) This section applies to persons in the firearms
business or in the business of gunsmithing, and
does not apply to:
(a) Sales or trades by an unlicensed person
to a person licensed hereunder, nor to
(b) Isolated sales, transfers or trades between
unlicensed persons who are not engaged in
the firearms business or in the business
of gunsmithing.
(5) The provisions of this section shall not apply
to gun shows, conferences or conventions which
are staged under the auspices of a duly recogni-
zed nonprofit, state or national organization.
Sec. 25-128 . Unlawful to sell handguns to persons
who have not qualified,
(a) It shall be unlawful for a licensed dealer to
sell, deliver, transfer, or furnish any handgun to any
- 10 - •
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
person in the City of Miami Beach unless the purchaser
has qualified under section 25-127, or
(b) Unless the purchaser exhibits evidence that he
is exempt from the requirements of section 25-127 (b) .
Every person who is convicted for violation of this
section shall be punished as provided in section 25-126
of this Code. "
SECTION 3: That Section 25-109 (a) of the Code of the City of
Miami Beach be and the same is hereby amended by
adding a new paragraph thereto and to read as follows:
"The vendor of such firearm shall give notice
of such sale, including the description of
said firearm, to the Chief of Police of the
City and to the Department of Treasury, Bureau
of Alcohol, Tobacco and Firearms, under Fire-
arms Transaction, Washington, D. C. , within
72 hours. "
SECTION 4 : All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 5: This Ordinance shall go into effect upon its passage
in accordance with law.
PASSED and ADOPTED this 1st day of February, 1978 .
Mayor
Attest:
•
52',(f /.66.46(4,4CLI
City Clerk
1st reading - January 4, 1978
2nd and final reading, as amended - February 1, 1978
- 11 - f
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
•
CO •
•
0
O 4J
o J v
>� •rt u
Z
bO 0 J •
N U4-i O 0 c
Nn cc3 cU J�� C3+
bOri N •rl N i-
co 0
Z 0 OS 4-i N G
QDo a.r--1•
or1O
HCri Z cd N �, cd Ocs
O W 4 ,-I r-I r i +-1
LA
Z cd Sa E O N N 4-1
H rr H 0 0
O r-I N 4-) 4-I 0 r-I
'd C~ U �a
• -I 0 0 N Cul
G, N U U U] +-I N