Res No 133-16-14688RESOLUTION NO.133-16-14688
A Resolution of the City of South Miami calling for the Florida
Legislature to limit the number and size of firearm magazine clips and to
ban quick release magazine capabilities of weapons sold and/or
possessed by members of the general public.
WHEREAS,there have been recent mass shootings and the United States
Congress has chosen not todo anything;and
WHEREAS,the shooters have carried multiple high-capacity ammunition clips
with them;and
WHEREAS,one of the principal goals of the United States Constitution set forth
inthe preamble tothe Constitution,is "to insure domestic Tranquility;"and
WHEREAS,the United States Supreme Court has held that longstanding
prohibitions and restrictions on firearms possession are consistent with the Second
Amendment notwithstanding thefact that the Second Amendment protects an individual's
right to possess a firearm,unconnected to service ina militia;and
WHEREAS,the United States Supreme Court has ruled that the Second
Amendment does not grant to the citizens of the United States the right to bear all arms
and that the states are authorized to limit thetype of arms that a citizen is allowed toown.
See District of Columbia v.Heller,554U.S.570,128S.Ct.2783,171L.Ed.2d637
(2008).In Heller,while striking down several statutes in the District of Columbia
prohibiting the possession of handguns and requiring lawfully-owned firearms tobekept
inoperable,the Supreme Court foundthatthe Second Amendment only protects an
individual's right to possess firearms,atleastfor purposes of self-defense inthehome.Id.
at576,636.The court made it clear that itwas referring to those weapons "in common
use"and that the right did not extend to "those weapons not typically possessed bylaw-
abiding citizens for lawful purposes,"[id.at625,627]and that "the right [is]nota right to
keepand carry any weapon whatsoever inany manner whatsoever andfor whatever
purpose"Id.at626;and
WHEREAS,the Florida Constitution,Article 1,Section 8(a)states:"The right of
the people to keep and bear arms in defense of themselves and of the lawful authority of
thestateshallnotbe infringed,except that the manner of bearing arms may be
regulated by law"[emphasis added];and
WHEREAS,a limit tothe amount of ammunitioncarried bya law-abiding person
atany given time does not prevent theuse of their weapon when needed inan emergency
situation;and
WHEREAS,legally acquired weapons with high-capacity ammunition clipswere
usedby American citizens to massacre innocent people in Columbine,Aurora,Newton,
San Bernadino,and now in Orlando;and
Res.No.133-16-14688
WHEREAS,in the Columbine mass shooting,the attackers were armed with a
handgun,a shotgun,and other weapons butmoretotheanalysisforthe purposes of this
resolution is the fact that they had 16 magazines of ammunition for their handguns.Ithas
been reported that they had,for their handguns,thirteen (13)10-round magazines,one52-
round magazine,one 32-round magazine andone 28-round magazine;and
WHEREAS,inthe Aurora mass shooting,the attacker wasin possession of a rifle
with a100 drum magazine,in addition to other weapons;and
WHEREAS,in the Sandy Hook Elementary School mass shooting in Newtown,
the attacker wasin possession of multiple 30-round capacity magazines forarifle,in
addition to other weapons;and
WHEREAS,in the San Bernadino mass shooting,the attackers were armed with a
large AR-15,which typically has a 30-round magazine,in addition to other weapons;and
WHEREAS,in the Orlando mass shooting,the attacker was armed with a semi
automatic rifle that typically hasa 30-round capacity magazine anda semi-automatic
pistol that typically hasa 17-round capacity magazine;and
WHEREAS,the legal possession of extra ammunition magazines isa proven
threat tolaw enforcement andtothesafetyand tranquility of Florida's population asa
whole;and
WHEREAS,the absence of a quick release mechanism could give someone time,
inthe case of a mass shooting incident,to take down the shooter;and
WHEREAS,thesaleor possession of any weapon with quick release magazines
oranytool that converts a gun toa quick release should be banned.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT:
Section 1.The City of South Miami,Florida,urgesthe Florida Legislature to:
limitthesize of anyammunitionclippossessedbymembers of thegeneralpublictoten
(10)rounds of ammunition;tolimitthenumber of firearm magazineclipstoone(1)per
firearmwhilebeingcarried;tobanthesaleorpossessionofanyweaponforfirearmwith
detachablequickreleasemagazinesoranytoolthatconvertsaguntoallowaquick-
release;andtobanthesale of magazineclipssoldseparately,unlessinexchangeforaclip
previouslysoldwithaweapon.Theforegoingshouldnotapplytostate-certifiedlaw
enforcement officers,federally-certified law enforcement officers,and members of the
UnitedStatesmilitarywhoareonactiveduty.Wefurtherrequestthatallother
municipalitiesandcountiesinFlorida join usinlettingthevoices of sanityandreasonbe
heardandprevailinTallahasseebylimitingthetypeandnumber of ammunitionclipsthat
canbesoldorpossessed,andbanthesaleandpossessionofweaponswith quick-release
mechanismsandthesaleandpossession of quickreleaseattachmentstoweaponstothe
general public.
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Res.No.133-16-14688
Section 2.The City Clerk is hereby directed to send a copy of this resolution
tothe municipalities in Miami-Dade County,members of the County Commission,the
Florida House,the Florida Senate,the Governor,the Miami-Dade Congressional
Delegation,the League of Cities andthe League of Counties.
Section 3.This resolution shalltake effect immediately upon adoption.
PASSED AND ADOPTED this 1 2 *day of J^Y 2016.
READ AN!
LAI
OVED AS
'GAL!
ION THEREOF]:
O FORM,
APPROVED:
COMMISSION VOTE
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
Page 3of3
5-0
Yea
Yea
Yea
Yea
Yea