Miami-Dade Legislative Item
File Number: 122481
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File Number: 122481 File Type: Resolution Status: Before the Board
Version: 0 Reference: Control: Board of County Commissioners
File Name: PERMIT LOCAL REGISTRATION OF PRIVATELY OWNED FIREARMS Introduced: 12/17/2012
Requester: NONE Cost: Final Action:
Agenda Date: 1/23/2013 Agenda Item Number: 11A19
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO AMEND STATE LAW TO PERMIT LOCAL REGISTRATION OF PRIVATELY-OWNED FIREARMS
Indexes: FIREARMS REGISTRATION
Sponsors: Barbara J. Jordan, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 1/23/2013 11A19 Motion to adopt died due to lack of a second
REPORT: Vice Chair Bell noted she supported the other items sponsored by Commissioner Jordan that pertained possession of a firearm while in the commission of a felony, but she could not support the foregoing resolution because laws already existed requiring background checks and gun ownership registration, and they were smart laws that made sense. She said she felt this legislation would only penalize the law-abiding citizens, not the criminals. Commissioner Diaz concurred with Vice Chair Bell’s comments, and said he believed the real issue was the people behind the guns, and not the gun itself. He noted he opposed this resolution, but could support an increase in the penalties and mandatory sentences for persons convicted of firearm possession while in the commission of a felony, noting increased penalties have worked in the past to deter crime. Chairwoman Sosa noted she supported the other initiatives brought forth by Commissioner Jordan, but would not support the foregoing resolution because it directly conflicted with Florida’s Constitution and Florida State Statute 790.355 that defined the ‘right to privacy.’ She said this proposal could actually deter law abiding citizens from owning a gun if their names and addresses were made part of a public record. She noted her concern was she did not want a lawful gun owner to be subjected to harassment by someone who opposed gun ownership or to a home burglary by a criminal that somehow had access to the registry. She expressed concern with penalizing or removing the rights and protections of law abiding citizens, and providing a tool for criminals to do more harm. Commissioner Souto said that he was opposed to this resolution, and that ‘guns do not act alone’. He noted he is a licensed gun owner and has owned guns most of his life, but nothing bad ever transpired because he was a responsible gun owner. He also noted that guns have been stolen from him, and he could bet they were used in other crimes. Commissioner Souto further noted he was instrumental in the passing of the legislation that required a permit to carry a concealed firearm permit. He said the issues were complex and the existing laws for gun-ownership needed to be complied with, but it was a matter of education and certification. Commissioner Souto pointed out that other tools or instruments besides a gun could be used to commit murder or a burglary. Commissioner Jordan noted of all the items she proposed, she knew this resolution would be the most controversial, but presented it anyway because she felt it would save more lives. She said that guns were sold at gun shows all the time without a record of the purchaser, and law enforcement really had no other way to track or identify the owner unless he/she was registered at the time the gun was purchased. Commissioner Jordan said she felt it was necessary to establish a registry for identifying gun ownership, and that access to it would be limited to law enforcement only. Hearing no further discussion, it was moved by Commissioner Jordan that the foregoing proposed resolution be adopted. This motion died due to lack of a second.

Board of County Commissioners 12/18/2012 11A25 Deferred 1/23/2013 P
REPORT: Please see report under Agenda Item 11A21, Legislative File No. 122477.

County Attorney 12/17/2012 Assigned Geri Bonzon-Keenan

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO AMEND STATE LAW TO PERMIT LOCAL REGISTRATION OF PRIVATELY-OWNED FIREARMS

BODY
WHEREAS, on Friday, December 14, 2012, a gunman opened fire at Sandy Hook Elementary School in Newtown, Connecticut, killing 20 children and 6 adults; and
WHEREAS, the gunman used a number of semi-automatic weapons, including a Bushmaster .223 rifle, a 10 mm Glock handgun, and a 9 mm SIG Sauer handgun; and
WHEREAS, these firearms, as well as other weapons recovered in the car and home of the gunman, belonged to the gunman’s mother, who was also killed that day; and
WHEREAS, this incident came on the heels of another shooting rampage at an Oregon mall where a gunman killed two people and injured one with an AR-15 assault rifle; and
WHEREAS, in what has been described as the worst mass shooting in U.S. history, in July, 2012, a gunman opened fire in a crowded movie theatre in Aurora, Colorado with an AR-15 assault rifle with a 100-round magazine, killing 12 people and injuring another 59 people; and
WHEREAS, so far in 2012, there have been 10 deaths in Miami-Dade County with the use of assault weapons, according to the Miami-Dade Police Department; and
WHEREAS, these incidents and statistics indicate that there is a need to identify and track the number of firearms in our community; and



WHEREAS, the Florida Legislature has found and declared that a registry of privately owned firearms is not a law enforcement tool, may become an instrument for harassing law abiding citizens for their choice to own a firearm as guaranteed by the Constitution, and could have a detrimental effect if the list fell into the wrong hands as it could become a list of targets for thieves; and
WHEREAS, currently, Florida law (Section 790.355, Florida Statutes) prohibits any state governmental agency, local government, or person to keep a list, record or registry of privately owned firearms, with some narrow exceptions; and
WHEREAS, any person or entity that violates Section 790.355, Florida Statutes, commits a third degree felony, punishable by up to five years in prison, and may be assessed a fine of up to $5 million,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to amend Florida law to permit local registration of privately owned firearms.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker and the Chair and Members of the MiamiDade County State Legislative Delegation.
Section 3. Directs the County’s state lobbyists to advocate for the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2013 State Legislative Package to include this item.



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