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2008-26785 ResoRESOLUTION NO. 2008-26785 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE U.S. CONGRESS TO REINSTATE THE FEDERAL ASSAULT WEAPONS BAN; URGING THE FLORIDA LEGISLATURE TO IMPOSE A STATE ASSAULT WEAPONS BAN; AND, ALTERNATIVELY, URGING THE FLORIDA LEGISLATURE TO LIFT THE PREEMPTION ON LOCAL GOVERNMENTS' REGULATING ASSAULT WEAPONS IN FLORIDA IN ORDER TO ALLOW LOCAL GOVERNMENTS TO IMPOSE AN ASSAULT WEAPONS BAN AND SUPPORTING THE STRENGHTENING OF REGULATIONS AND PENALTIES REGARDING ASSAULT WEAPONS IN FLORIDA S.B. 1664, H.B. 447, S.B. 782, AND H.B. 425 IF A COMPLETE BAN IS NOT IMPOSED BY THE U.S. CONGRESS AND THE FLORIDA LEGISLATURE. WHEREAS, semiautomatic assault weapons, such as UZIs, AK-47s, and similar weapons, are designed for military purposes and have no legitimate use for hunting and other civilian uses; and WHEREAS, assault weapons aze designed to enhance their capacity to shoot multiple targets very rapidly at long range, with a range of up to 100 yards and magazines that commonly enable the shooter to continuously fire dozens of rounds without reloading; and WHEREAS, the firepower of assault weapons makes them especially desirable to violent criminals and particulazly lethal in their hands; and WHEREAS, according to the Bureau of Alcohol, Tobacco and Firearms ("ATF") assault weapons are preferred by criminals over law abiding citizens eight to one such that access to them shifts the balance of power to the lawless; and WHEREAS, the International Association of Chiefs of Police recently urged Congress to impose an effective assault weapons ban; and WHEREAS, law enforcement has been united in support of banning these assault weapons as they are of particular danger and concern to law enforcement personnel; and WHEREAS, limiting civilian access to such weapons lessens the need for law enforcement to carry assault weapons themselves in order to match the firepower capability that criminals with assault weapons would have; and WHEREAS, semiautomatic assault weapons were banned for a period often (10) years beginning in 1994 under the Federal Assault Weapons Act; and WHEREAS, various studies indicated that the Federal Assault Weapons Act significantly reduced the incidence of assault weapons in the use of crime; and WHEREAS, the federal assault weapons ban expired in 2004 and has not been renewed; and WHEREAS, since the expiration of the assault weapons ban in 2004, there has been an escalation in the presence of assault weapons on our streets as the weapons of choice for gang members, drug dealers, and other dangerous criminals; and WHEREAS, this escalation culminated on Thursday, September 13, 2007 in the tragic shooting of four Miami-Dade Police Officers, including the death of Officer Jose Somohano, all arising out of a traffic stop in south Miami-Dade County; and WHEREAS, eighteen (18) people were killed with assault weapons in Miami-Dade County during 2006 and, in 2007, sixteen (16) people were killed with assault weapons; and WHEREAS, the states of California, Connecticut, Hawaii, Mazyland, Massachusetts, New Jersey, and New York all have passed laws banning assault weaporis; and WHEREAS, the Mayor and City Commission of the City of Miami Beach find it in the best interest of the public safety of this community to reinstate the federal ban on assault weapons or, alternatively, to support laws in Florida that would permit local governments to impose an assault weapons ban and to strengthen regulations and penalties regarding assault weapons if a complete ban is not imposed by Congress and the Florida Legislature. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City: Section 1. Urges the U.S. Congress to reinstate the federal assault weapons ban. Section 2. Urges the Florida Legislature to institute a state ban on assault weapons. Section 3. Alternatively, urges the Florida Legislature to lift the preemption presently in place in order to allow local governments to impose an assault weapons ban and supports Florida S.B. 1664, H.B. 447, S.B. 782, and H.B. 425. Section 4. Directs the City's federal and state lobbyists to lobby for the passage of legislation that reinstates and/or imposes an assault weapons ban or, alternatively, allows local governments to impose an assault weapons ban and strengthens the regulations and penalties regazding assault weapons, and directs the City administration to include this item in the 2008 federal and state legislative packages. Section 5. Directs the City Clerk to send a certified copy of this Resolution to the Miami-Dade County Congressional Delegation acid to the Governor, Senate President, House Speaker, and Chair and members of the Miami-Dade State Legislative Delegation. PASSED AND ADOPTED this 12th day of March , 2008. ~~ ~ ~,,~~ ATTEST: ~Y(~R Matti~{Ierrera Bower ROBERT PARCHER, CITY CLERK #J r APPROVED AS 70 FORM & UWGUAf3E & FOR EXECIf'FION F:\atto\TURN\RESOSWssaui[ Weapons.doc m- MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM ro: Jorge Gonzalez, City Manager Jose Smith, City Attorney ~~ 1 FROM: Deede Weithorn, Commissioner 1;~ -~~ DArE: February 25, 2008 SUBJECT: Agenda Item for March 12, 2008 Commission meeting l`" /~~% ~ ~i//~~ I would like to request a resolution supporting the reinstatement of the Assault Weapons Ban that ended in 2004. If you have any questions, please contdct my Aide, Anne Swanson at x6528. DW/sm ~e , ., _, Agenda Item R 5 c c-.nm p,~' is f;rzwio i ~ xr cllc nl p..Lic ,e ro'r ar f x I ~; to alb I r ~.~~. woi d, and plny in i pate ~~2.~~ "~~,_. m MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM To: Jorge M. Gonzalez, City Manager Jose Smith, City Attorney FROM: Richard L. Steinberg, Commissioner ~L~IM{ DATE: March 3, 2008 SUBJECT: Agenda Item- Resolution Urging Congress to Renew the Ban on Assault Weapons as a Shared Federal-Local Commitment to Keep Our Communities Safe and Secure Please draft a resolution for the March 12th Commission meeting urging Congress to act now to renew the ban on assault weapons as a shared federal-local commitment to keep our communities safe and secure. If you have any questions or comments, please feel free to contact my Aide, Ms. Marlene Taylor at ext. 6087. RLS/mt ~ ~ ~UJJO i ,,.vi: ~V 1 .`, ~I .F~: on., .. .. ,iii . ~ ,..