Resolution 2021-31681 RESOLUTION NO. 2021-31681
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, URGING THE U.S. SENATE TO PASS THE
"BIPARTISAN BACKGROUND CHECKS ACT OF 2021" AND THE
"ENHANCED BACKGROUND CHECKS ACT OF 2021," AND
DIRECTING THE CITY CLERK TO SEND A COPY OF THIS
RESOLUTION TO THE U.S. SENATE MAJORITY LEADER, AND
FLORIDA U.S. SENATORS RICK SCOTT AND MARCO RUBIO.
WHEREAS, on April 7, 2021, Biden-Harris Administration announced six actions to
address the gun violence public health epidemic; and
WHEREAS, President Biden's new policies attempt to do two things: limit the availability
of certain weapons and encourage states to enact gun control legislation on their own by taking
the following actions:
• Stopping the sale of "ghost guns," which are handmade firearms sold in kits or 3D
printed, making them untraceable by the government.
• New regulations and more thorough application process to obtain pistol-stabilizing
braces, which turn pistols into veritable short-barreled rifles, weapons that are more
accurate and deadlier than a handgun. Biden wants to treat them as such.
• Encouraging "red flag" laws which would allow the courts to bar people from carrying
guns if they are shown by family or law enforcement to present a danger to themselves
or others.
• Federal studies on gun trafficking, charging the ATF and the Justice Department to
issue annual reports on gun trafficking.
• Investments in community violence intervention programs; and
WHEREAS, President Biden's actions are significant but address only a very small part
of America's enormous gun problem—the new executive orders will not close loopholes that allow
buyers to escape background checks online or at gun shows, which is why Congress must pass
new gun legislation to make substantial progress toward gun reform; and
WHEREAS, on April 8, the U.S. House of Representatives passed two bills, H.R. 8 and
H.R. 1446, to expand and strengthen background checks for firearm purchases; and
WHEREAS, H.R. 8, titled "Bipartisan Background Checks Act of 2021," would expand
background checks on individuals seeking to purchase or transfer firearms by strengthening the
existing Brady background check law, and requiring background checks on gun sales by private
unlicensed sellers, including sales made online or at gun shows; and
WHEREAS, currently, about one in five gun sales or transfers is done with no background
check, partly because background checks have not been required on gun sales made by private
sellers, leading to many dangerous illegal purchasers, such as convicted felons, domestic
abusers, and other"prohibited persons" exploit this loophole; and
WHEREAS, the "private sales" loophole that H.R. 8 would close contributes to the death
or injury of Americans every year; and
WHEREAS, the other bill passed by the House, H.R. 1446, titled the "Enhanced
Background Checks Act of 2021," closes a gap in federal law that allows gun sales to proceed
without a completed background check if three (3) businesses days have passed, and extends
the time period the FBI has to determine whether a buyer is qualified to purchase a gun from three
(3) days to ten (10) days; and
WHEREAS, the current three-day deadline enabled the man who murdered nine people
at the A.M.E. Church in Charleston, S.C. in 2015, to get a gun when he shouldn't have been able
to obtain; and
WHEREAS, the gun violence problem that H.R. 8 and H.R. 1446 address is enormous
and has recently been getting worse — more than 300 people are shot and over 100 are killed
with firearms a day in the U.S., despite the COVID-19 pandemic, when Americans had to shelter
at home, businesses closed and people lost their jobs; and
WHEREAS, Americans overwhelmingly support solving the problem— according to a poll
released on March 10, 2021, 84 percent of voters support a law requiring background checks for
all firearm purchases; and
WHEREAS, for these reasons, the Mayor and City Commission urge the U.S. Senate to
vote on and approve the "Bipartisan Background Checks Act of 2021" and the "Enhanced
Background Checks Act of 2021", which, if passed, will have an immediate effect on who is able
to buy guns, and therefore save hundreds of lives.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and the City hereby
urge the U.S. Senate to pass the"Bipartisan Background Checks Act of 2021" and the"Enhanced
Background Checks Act of 2021," and direct the City Clerk to send a copy of this Resolution to
the U.S. Senate Majority Leader, and Florida U.S. Senators Rick Scott and Marco Rubio.
PASSED AND ADOPTED this 629 day of rfrif , 2021.
Attest:
Dan Gelber, Mayor
41)3/
Rafael / 'I
anado, City Clerk
(Sponsored by Commissioner David Richardson)
':INCORPORATED.)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
Resolutions -C7 W
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz,Acting City Attorney
DATE: April 29, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, URGING THE U.S. SENATE TO PASS THE
"BIPARTISAN BACKGROUND CHECKS ACT OF 2021" AND THE
"ENHANCED BACKGROUND CHECKS ACT OF 2021," AND DIRECTING
THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE U.S.
SENATE MAJORITY LEADER, AND FLORIDA U.S. SENATORS RICK
SCOTTAND MARCO RUBIO.
RECOMMENDATION
Pursuant to the request of Commissioner David Richardson, the above-referenced Resolution
is submitted for consideration by the Mayor and City Commission at the April 21, 2021
Commission Meeting.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Richardson
ATTACHMENTS:
Description
❑ Resolution
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