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Resolution No. 2016-63 Supporting Assault Weapons Ban - October 10, 2016 RESOLUTION NO. 2016-63 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CALLING UPON FEDERAL AND STATE-ELECTED OFFICIALS TO COLLABORATE WITH LOCAL OFFICIALS AND FIRST RESPONDERS TO PREVENT MASS SHOOTINGS AND LARGE-SCALE HUMAN LOSS OF LIFE AND SUFFERING FROM MASS SHOOTINGS IN AMERICA BY LIMITING THE AVAILABLITY AND USE OF MILITARY GRADE, HIGH CAPACITY MAGAZINE ASSAULT WEAPONS TO LAW ENFORCEMENT AGENCIES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the confluence of the Internet, international and lone wolf domestic terrorism,. underfunded community mental health programs, and easy access to military grade, high capacity magazine assault weapons has created circumstances which have led to an unprecedented number of mass shootings in communities in this state and around the country in recent years; and WHEREAS, in recent years, mass shootings involving military grade-high capacity magazine assault weapons have occurred with alarming regularity; and WHEREAS, the military scaled weaponry used in these mass shootings exceeds the weaponry generally available to local law enforcement officers, which puts those officers, together with their communities and safe gathering places where community life is enjoyed, in great and unnecessary peril; and WHEREAS, military grade, high capacity magazine assault weapons and the grave hazard they present to communities and innocent citizens have no valid role to serve in community and civilian life and are even disavowed by most reputable pro-hunting organizations; and WHEREAS, as indicated through national surveys, a majority of the American public, including legal gun owners, support extensive background checks for gun ownership and limiting the availability and use of military grade, high capacity magazine assault weapons to bona-fide and highly trained law enforcement agencies: and WHEREAS,the United States Senate, following the tragedy at Pulse Nightclub in Orlando, Florida voted on, but was unable to pass. a proposal to update the background check system for gun purchases, which would have required states to add more information on mental health records to a national database, and which also included a provision to alert law enforcement agencies when an individual who was on a government terror watch list in the last five years buys a gun: and City of Aventura Resolution No. 2016-63 WHEREAS,the United States Senate, following the tragedy at Pulse Nightclub in Orlando, Florida voted on, but was unable to pass, a proposal to expand the background check system for those buying guns to require checks at gun shows and for online purchases; and WHEREAS, the United States Senate, following the tragedy at Pulse Nightclub in Orlando, Florida voted on, but was unable to pass, a proposal to delay gun sales to individuals included on a government terror watch list, which would also allow a judge to permanently block a purchase if the court determined with probable cause that the individual is involved in terrorist activity; and WHEREAS, the United States Senate,following the tragedy at Pulse Nightclub in Orlando, Florida voted on, but was unable to pass, a proposal that sought to bar all gun sales to those individuals on the terror watch list; and WHEREAS, gun violence is a pervasive, national problem that is exacerbated by the availability of semi-automatic assault weapons at gun shows, flea markets, and other organized events; and WHEREAS, the drafters of the Second Amendment to the United States Constitution never envisioned automatic or semi-automatic weapons when the right to bear arms was first conceived; and WHEREAS, one of the principal goals of the United States Constitution, as set forth in its preamble, is "to insure domestic tranquility"; and WHEREAS, the proliferation of automatic and semi-automatic weapons, as well as high capacity ammunition devices and magazines, presents a growing problem to law enforcement and to this nation's domestic tranquility; and WHEREAS, over 5,000 gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and non-licensed vendors; and WHEREAS, gun shows, as well as flea markets and other organized events at which a large number of firearms are offered for sale by federal firearms licensees and non-licensed vendors, form a significant part of the national firearms market; and WHEREAS, at gun shows, flea markets, and other organized events at which guns are exhibited or offered for sale or exchange, criminals and others prohibited from owning firearms obtain guns without background checks and frequently use guns, whose ownership cannot be traced, to later commit crimes; and Page 2 of 4 City of Aventura Resolution No. 2016-63 WHEREAS, the Florida and United States legislatures have the authority to require. by statute. that any non-licensed vendors be required to conduct the same background check of the purchaser as currently required for licensed vendors; and WHEREAS, the City Commission hereby provides that lawful hand guns are not included within the scope of the action requested by this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The elected Federal and State Legislative and Executive officials are called upon to support safe communities and heed the requests of our City to enhance the safety of our community and our many gathering places by supporting the desires of a majority of the American public to strictly limit the availability and use of military grade, high capacity assault weapons to bona fide law enforcement agencies and to do so with the sense of urgency and commitment which is warranted in the face of the ongoing, tragic, and unnecessary loss of life triggered by mass shootings with high powered, military grade, high capacity magazine assault weapons. Section 2. The U.S. Congress is urged to reinstate the federal assault weapons ban. Section 3. The Florida Legislature is urged to enact a state ban on assault weapons. Section 4. Alternatively, the Florida Legislature is urged to lift the preemption presently in place in order to allow local governments to impose an assault weapons ban. Section 5. The City Clerk's office is directed to transmit a copy of this resolution to our state, federal, and other local elected officials. Section 6. This Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner Weinberg, who moved its adoption. This motion was seconded by Vice Mayor Landman, and upon being put to a vote, the vote was as follows: Commissioner Teri Holzberg Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky No Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes Page 3 of 4 City of Aventura Resolution No. 2016-63 PASSED AND ADOPTED this 10th day of October, 2016. l ) ENID WEISMAN, MAYOR 0\ \\ i l.. ice'` _,_``i - l'i ATTEST: 4 .1f:Lstb<1 ELLISA L. HORVAT C CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: fr•- CITY ATTORNEY Page 4 of 4