Ord. No. 14-00-1716ORDINANCE NO. 14 -00 -1716
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PUBLIC
SAFETY; AMENDING SEC. 15 -7, OF THE CODE OF ORDINANCES
TO BE ENTITLED "LOCKING DEVICES REQUIRED FOR
FIREARMS "; REQUIRING LOCKING DEVICES ON FIREARMS
STORED IN THE CITY OF SOUTH MIAMI; CREATING A PUBLIC
DUTY; PROVIDING CIVIL PENALTIES; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami are
charged with protecting the public health, safety and welfare; and,
WHEREAS, each year in the nation, in the State of Florida and in Miami -Dade
County, Florida, a multitude of children gain access to firearms that are stored in their
homes with the painful result that many innocent persons are injured, maimed or killed;
WHEREAS, the Mayor and City Commission recognize that the Florida
Legislature preempted the field of regulation of firearms as provided by sec. 790.33,
Florida Statutes, and that it specified the subject matter over which municipalities are
excluded from enacting ordinances. Providently, by specifying the subject matter that
municipalities may not regulate the Florida Legislature omitted mention of regulation of
the storage of firearms. The Mayor and City Commission acknowledge that the Florida
Legislature is presumed to have intentionally omitted the regulation of the storage of
firearms from its preemption of the specified subject matter. By enacting this ordinance,
it is the intent of the Mayor and City Commission to provide for public safety in the
storage for firearms in the limited area that is not preempted by the Florida Legislature;
and,
WHEREAS, the Mayor and City Commission desire to establish a standard of care
for the safe storage of firearms in residences to reduce the likelihood that children and
others will be injured by guns.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 15 -7, entitled "Reserved ", of the City of South Miami Code
of Ordinances is amended to read:
Sec. 15-7. Locking devices required for firearms.
(1) "Locking device" means a device that when installed on a firearm and
secured by means of a key or a mechanically or electronically operated
combination lock prevents the firearm from being discharged without first
deactivating or removing the device.
(2) If a person stores or leaves a firearm at any location where the person
knows or reasonably should know that a minor might gain access to the
firearm, the person shall secure the firearm with a locking device except
when it is carried on his or her body or is located within such close
proximity that the person can retrieve the firearm and prevent access to it
by a minor.
(3) A violation of this section is a breach of a duty of safety owed by the
person who owns or possesses the firearm to all minors who might gain
access to it and to the general public.
(4) A violation of this section is punishable as a class V civil violation. No
courtesy notice shall be issued to the violator.
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be published in the City of South Miami Code
of Ordinances.
Section 5. This ordinance shall take effect immediately upon approved.
PASSED AND ADOPTED this 6th day of June ,2000.
ATTEST:
CITY CLERK
FUMMUMSIM"
IstReading — 5/2/00
2" d Reading — 6/6-/00
W
READ AND APPROVED AS TO FORM
CITY ATTORNEY
\\Del 161 00\Docum ents\City of South Miaiiii\0022-001\2960.doe
COMMISSION VOTE:
5-0
Mayor Robaina:
Yea
Vice Mayor Feliu:
Yea
Commissioner Wiscombe:
Yea
Commissioner Bethel:
Yea
Commissioner Russell:
Yea
3
The attached ordinance sponsored by Commissioners Russell and Bethel is on for second
reading and public hearing. The proposed ordinance is a local initiative to require firearms
to be secured with a locking device when they are placed where a minor might gain access
to the gun. The firearm-need not be secured when the weapon is on the person or close by
in a place where the person can prevent access to it by a minor. For instance, a homeowner
can remove the gunlock and place the gun in the nightstand drawer when he or she goes to
bed at night . It would be a violation, however, if the gun is left in the drawer unsecured
when the person is away and a minor is presented in the house. A violation is punishable
as a Class V violation [$250 1"t offence; $500 2nd offense].
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To: Mayor and City Cornmn.
From: Earl G. Gallop
Date: April 26, 2000
Re: Ordinance requiring locking devices
on weapons [Bethel.. Russell]
Subject: An ordinance relating to public safety; amending sec. 15-7, of the code of
ordinances to be entitled "locking devices required for firearms", requiring locking devices
on firearms stored in the city of South Miami.
Discussion: Each year, locally and nationally, a multitude of children gain access to firearms
that are stored in their homes and shoot themselves and others. Only a single gun
manufacturer, Smith & Wesson, has made a commitment to put child-proof locks on
weapons. This year, the state of Maryland passed legislation requiring new handguns to be
equipped with built-in locks. Similar legislation proposed for Florida by Rep. Elaine bloom,
D-Miami Beach, and Sen. Betty Holzendorf. D-Jacksonville, is buried in committee.
The proposed ordinance is a local initiative to require firearms to be secured with a locking
device when they are placed where a minor might gain I --am access to the gun. The firearm need
not be secured when the weapon is on the person or close by in a place where the person can
prevent access to it by a minor. For instance., a homeowner can remove the gun lock and
place the gun in the nightstand drawer when he or she goes to bed at night. It would be a
violation, however. if the gun is left in the drawer unsecured when the person is away and
a minor is present in the house. A violation is punishable as a Class V violation [$250 1 st
offense: $500 2nd offense).
The subject matter of the ordinance is authorized by the city's constitutional home rule
powers. But, sec. 790.33, Fla. Stat., known as the "Joe Carlucci Uniform Firearms Act,"
expressly preempts to the state of Florida "the whole field of regulation of firearms ...
including the purchase. sale, transfer, taxation, manufacture, ownership, possession, and
transportation [of weapons] to the exclusion of all existing and future ... municipal
ordinances and regulations relating thereto." The wording of the act, however, does not
include within it preemption the regulation of the storage of firearms. The proposed
ordinance does not attempt to regulate any of the subjects that the state expressly preempts.
It does regulate something the state does not preempt.
Recommendation: Approve the ordinance on first reading and schedule public hearing on
second reading,
Fhc Florida Statutes
View Statutes Order Statutes Online Sunshine Print View
Title XLVI Chapter 790
CRIMES Weapons and Firearms
' `���������m�K�������
790.33 Field of regulation of firearms and ammunition preempted.--
/1\ PREEMPTION. --Except as expressly provided by law, the Legislature
herebydedaneGthatitisoccupyingthewho{e�e|d�ofregu|aUon0ffirearms - 8nd
ammunition, including the purchase, sale, transfer, taxation, manufacture,
ownership, possession, and transportation thereof, to the exclusion of all existing
and future county, City, town, or municipal ordinances or regulations relating
thereto. Any such existing ordinances are hereby declared null and void. This
subsection shall not affect zoning ordinances which encompass firearms
businesses along with other businesses. Zoning ordinances which are designed
for the purpose ofrestricting or prohibiting the sale, purchase, transfer, or
manufacture of firearms or ammunition as a method of regulating firearms or
ammunition are in conflict with this subsection and are prohibited.
(2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.—
(8) Any county may have the option hJ adopt a waiting-period ordinance
requiring a waiting period of up to, but not to exceed, 3 working days between
the purchase and delivery of handgun. For purposes ofthis subsection,
^pVrchase" means payment of deposit, payment in full, Or notification Of intent to
purchase. Adoption of waiting-period ordinance, by any county, shall require 8
majority vote of the county commission on votes on waiting-period ordinances.
This exception is limited solely to individual counties and is limited to the
provisions and restrictions contained in this subsection.
(b) Ordinances authorized by this subsection shall apply toall sales ofhandguns
to individuals by a retail establishment except those sales to individuals
exempted in this subsection. For purposes of this subsection, "retail
establishment" means gun shop, sporting goods store, pawn shop, hardware
store, department store, discount store, bait or tackle shop, or any other store or
shop that offers handguns for walk-in retail sale but does not include gun
collectors shOvvS or exhibits, or gun shows.
(c) Ordinances authorized by this subsection shall not require any reporting or -
notification to any source outside the retail establishment, but records of
handgun sales must b8 available for inspection, during normal business hours, by
any law enforcement agency as defined in s. 934.02.
(d) The following shall be exempt from any waiting period:
1. Individuals who are licensed ho carry concealed firearms under the provisions
of S. 790.06 or who are licensed to carry concealed firearms under any other
provision of state |avv and who show a valid license;
Z. Individuals who already lawfully own another firearm and who show a sales
receipt for another firearm; who are known to own another firearm through a
prior purchase from the retail establishment; or who have another firearm for
Page I0f7
http:/11www.Iel,y.state.fl.us/cItizen.!documents/`statutes/StatuteBrowser-�)9/index.ef .. SEC-')3.HT 4271/00
The Florida Statutes
3. A law enforcement or correctional officer as defined in s. 943.10;
4 A law enforcement agency as defined in s. 934,02;
5, Sales Vrtransactions between dealers or between distributors orbetween
dealers and distributors who have current federal firearms licenses; or
6 Any individual who has been threatened or whose family has been threatened
with death or bodily injury, provided the individual may lawfully possess
firearm and provided such threat has been duly reported to local law
enforcement.
(3) POLICY AND INTENT.—
/a\ It is the intent of this section to provide uniform firearms laws in the state' todec|areeU ordinances and regulations null and void which have been enacted
bv any jurisdictions Other than state and federal, which regulate firearms,
ammunition, or components thereof; to prohibit the enactment 0[any future
ordinances or regulations relating to firearms, ammunition, or components
thereof unless specifically authorized by this section or general law; and to
require local jurisdictions to enforce state firearms laws.
(b) As created by chapter 87-23, Ldvv5 of Florida, this section shall be known
and may be cited as the "Joe Carlucci Uniform Firearms Act."
History.'-ss. 1' z' 3'*' ch. 87-23; s. 5'ch. 88'183.
Page 2 of 2
http:/./ www. leg. state. fl . us/ci ti zeni'documents/statutes/StatuteB rowser99/ index. cf.. SEC' )' ).HT 4/27/00
Your second cousin's nephew has a home page.
Published
Wednesuqv, April 5,2000, in the Miami Herald
Maryland advances handguns-lock bil:
Governor expected to sign it
ANNAPOLIS, Md. -- (AP) — The Maryland House has sent the governor
legislation that would make the state the first to require new handguns to be
equipped with built-in locks, allowing no one but authorized users to fire them.
The locks will be required bv20O3 under the bill,
House. Until then, all guns sold will have tobe equipped with external trigger
|onhe, beginning in October,
The bill would prohibit anyone convicted ofo violent crime eag�uveni|efrOnn
possessing a handgun until age 30 and vvou|dnequire manufacturers to
provide abaUiotic fingerprint ofaheU casings ofaU new � ~�andguna.
The measure also imposes five-year mandatory i i mnsenhenooaonaome
convicted felons caught illegally possessing m handgun.
No other state has approved such 8 measure. Maryland Gov. Parris G|endaning
is ready ho sign the bill, which the Senate has approved.
This bill will take a giant sha toward b - safer communities, nct just in
Maryland but across the uountry."G|nd i -id H ' that within
18
months, six ho12 states will move forward o similar legislation.
Opponents, U largely rural and conservative suburban areas of
Maryland, tried 10 times to amend the bill in hopes of derailing it. Opponents
said the built-in locks would embolden burglars and would-be rapists.
"The bad guys k ovvyou'nanotQoinghohevaUrnebogedMhmt)ockoff."eaid
Delegate Carmen Arnadori.oRepublican.
Emotional speeches from o�ponenbe were greeted with thunderous applause
�ornthe House gallery ebove.which was packed with opponents.
The National Rifle Association had run television ads since Friday attacking the
bill. The 3O-sacond ads featured the governor eehe fumbled etanews
conference trying to open a push-button combination lock onahandgun.
Pugelof2
http://www.miamiherald.com/content/today/news/national/digdocs/082356.htm 4/5/00
iviiarni rierala: (jun bills languishing in the state Legislature
ro
Irp
Time for a cottee break?
VA #
N EWS_
Published Wednesdqv, April 5, 2000, in the Miami Herald
Gun bills languishing in the state
Legislature
STEVE BOUSQUET
sbousquet&he�raldxom
TALLAHASSEE -- The nation's biggest gun maker
has agreed to put child-proof locks on weapons and
two states are rushing to pass trigger-lock laws, but
similar proposals have been quietly buried again in
the Florida Legislature -- long a safe haven for the
gun lobby.
Even legislation that would outlaw guns in hospitals --
inspired by a pair of shootings in Miami-Dade County
-- was defeated by a House committee loyal to the
National Rifle Association.
With the 2000 session nearly half over, bills requiring
trigger locks on handguns in homes with children
have not been heard by any committee. Lawmakers
have carved out time to debate the need for a state
barbecue commissioner, but gun bills are languishing
and a key senator would not say Tuesday whether a
hearing would be held.
"I want to keep you curious," said a smiling Sen.
John Grant, R-Tampa, chairman of the Senate
Judiciary Committee, declining Tuesday to say
whether the issue would be debated. Grant is a
longstanding opponent of gun restrictions and, like
any committee chairman, he holds life or death power
over which bills are heard.
I t
'KEEP YOU GUESSING':
Sen. John Grant, R-
Tampa, chairman of the
Senate Judiciary
Committee, declines to
say whether the gun issue
would be debated,
11 Maryland advances
handguns-lock bill
Any bill assigned to a committee that is not heard is effectively dead unless
legislative leaders agree to send the bill elsewhere.
Grant did say he was happy to hear that 37 percent of Florida families with
children own guns. "It's good to know their safety is ensured by something
other than 911," said the Tampa lawyer.
GOING NOWHERE
Sen. Betty Holzendorf, D-Jacksonville, sponsor of the Senate version of the
legislation, said she leaves notes on Grant's desk daily, but has not yet heard
from him. "It doesn't look like we're going to get a hearing," she said. Weeks
ago, the parents of a 6-year-old Jacksonville boy who died from an accidental
gunshot at a friend's home appeared at a Capitol news conference to draw
attention to the trigger-lock issue.
http:/iwww.miamiherald.com/content/today/docs/052674.htm
Page I of 3
4/5/00
muu/u/ zicruuu. tj^zo n|U3 languishing oD the state Legislature
-If we can put safety locks on medicine, we need them on guns," said Rep.
Tony Hill, D-Jacksonville, sponsor of the House trigger-lock legislation. "If we
tell people to wear seat belts because of too many deaths without them, then we
need to have trigger locks on guns in houses where children are living or may
be visiting,"
Rep. Howard Fuhzh, R-Melbourne Baooh. chairs the House committee that has
been assigned the House trigger-lock bill. He said Tuesday that he did not know
where the bill was.
"I may have it buried in there somewhere," Futch said.
Asked if the bill might be heard next "I don't know. We'll bsho
o look and see. |1| take a look adiL...| haven't heordmnvthi about it.
��obod�oexcited yet. They v�Ube� they see �onthe anything
They" is Marion Hammer, the N tenacious Tallahassee lobbyist, who has
worked tirelessly nothwart passage of any new gun |ovvn. Hammer says existing
law makes ita crime for parents to not keep a loaded gun stored ino locked box
or kept safely out ofa child's reach.
Hammer, a familiar figure in the Capitol halls, has even succeeded in defeating
legislation that would have prohibited carrying concealed weapons in medical
facilities. The bill was filed by Rep. Willie Logan, D-Opa-locka, after two
shootings in Miami-Dade hospitals.
Hammer was not impressed that Maryland
Massachusetts, where a new law requires child-proof locks, safety warnings,
and tamper-resistant serial numbers on all weapons sold in the state. The
Massachusetts law relies =. the attorney general's power ou regulate consumer
products.
What do from the state that gave us Ted Kennedy?" Hammer said.
"Those are two states in the union that don't even belong here."
GUN CONTROL
Another gun-control bill going nowhere, sponsored by Rep. Elaine Bloom, D_
Miami Beach, would require child-proof locks and background checks on
anyone who buys a weapon in public, such as a gun show or weekend flea
market. That bill, too, was assigned to Futch's House Law Enforcement & Crime
Prevention Committee, where it has disappeared from sight.
That committee was put together ama very friendly committee for theNRA."
Bloom said.
Logan, who filed the bill to ben guns in hospitals, said he admired the NRA for
Hammer its tenacity and that the climate on gun control won't change soon.
"Given the makeup of the Legislature at this point in time and the influence the
NRA has, it's very difficult here in Florida to pass any law or even have a real
discussion on better laws on their use and access," said Logan, who attributed
the pro-gun climate to "very little activism" by Floridians who favor gun control.
."".""a^`u/ drop his bill that would - on all new guns
sold in the state. As drafted, Hammer told Campbell,
the bill amounts to
. extortion" on gun manufacturers.
Page 2 of 3
http://www.miamiherald.com/content/today/docs/052674.htm 4/5/00
iviiarni rieraia: kjun bills languishing in the state Legislature
Hammer said she was glad to see the trigger-lock bills were going nowhere.
"There comes a point in time where you stop wasting precious time on
legislation that never was a good idea," Hammer said.
Herald staff writer Phil Long contributed to this report.
7--
1C.0 A 0
•
Time for a coffee break?
c9rita!3MS
QoRY-094200-0 _Miami (Herald
http://www.miamiherald.COM/content/today/docs/052674.htm
Page 3 of 3
4/5/00
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Page I of I
Florida Legislature Session Information
View House Bills Search Bill Text Online -Sunshine
Senate 0242: Relating to Firearms/ Locking Devices
Bill By Hundreds
-!5112rev Billjext(i) Amendments(o) Staff Analysis(o) Vote History(o) Citations Next>
S 242 GENERAL BILL by Holzendork; (CO-SPONSORS) Dyer; Dawson; Meek; Geller;
Klein; Kurth (identical H 0813, compare H 1877)
Firearms/Locking Devices; defines term "locking devicen; provides that
locking device may be used for purpose of lawfully storing firearm
within access of minor, as defined; requires person to secure firearm
with locking device under specified circumstances when firearm is left
or stored on premises where such minor resides; provides penalties for
failure to store or leave firearm in required manner, under specified
circumstances. Amends 790.001,.174. EFFECTIVE DATE: 10/01/2000.
10/07/99 SENATE Prefiled
11/05/99 SENATE Referred to Criminal Justice
03/07/00 SENATE Introduced, referred to Criminal Justice -SJ 00024
03/08 . /00 SENATE Withdrawn from Criminal Justice -SJ 00135; Rereferred to
Judiciary; Criminal Justice -SJ 00135
Bill Text: (TOP)
Bill Name Date Posted Available Formats
S0242 02/12/2000 HTML, PDF
Amendments: (Top)
S 0242:
NO AMENDMENTS AVAILABLE
Staff Analysis: (Top)
NO STAFF ANALYSIS AVAILABLE
Vote History: (Top)
NO VOTE HISTORY AVAILABLE
Citations: (Top)
STATUTE CITATIONS:(Top)
0790.001
0790.174
CONSTITUTION CITATIONS:
NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL.
http://www.leg.state.fl-us/session/2000/billinfo/index.cfin'?Mode=ViewBillInfo&BillNum=0242 3/28/00
E www.heraaid.com THURSDAY, MAY 25.2000
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