Res No 026-18-15058RESOLUTION NO. 026-18-15058
A Resolution of the Mayor and City Commission of the City of South Miami
supporting legislation to reduce mass shootings and gun violence.
WHEREAS, on February 14, 2018, there was a mass shooting at a school in Parkland
Florida which resulted in the tragic death of 17 students and faculty; and
WHEREAS, it is the 30th mass shooting! in the United States so far this year; and
WHEREAS, it not even two months into 2018 and already 58 people have been killed
and 124 injured in mass shootings in the United States; and
WHEREAS, when such tragedies occur everyone is quick to offer thoughts and prayers
but no actual action is taken; and
WHEREAS, as shocking as the deaths from mass shootings are, it is even more sobering
that in 2017, the 437 deaths from mass shootings only accounted for 2.8% of the total 15,590
people who died due to gun violence; and
WHEREAS, Florida Statutes do not expressly prohibit persons over the age of 17 from
purchasing, carrying, or owning guns; and
WHEREAS, neuroscience research shows that the parts of the human brain that regulate
planning, judgement, and impulse control do not mature until people are in their mid 20s [Sowell
ER, Thompson PM, Holmes CJ, et al. 1999. In vivo evidence for post-adolescent brain
maturation in frontal and striatal regions. Nature Neuroscience 2:859-61; Johnson SB, Blum
RW, Giedd IN. 2009. Adolescent maturity and the brain: the promise and pitfalls of
neuroscience research in adolescent health policy. The Journal of adolescent health: official
publication of the Society for Adolescent Medicine 45(3):216-221]; and
WHEREAS, section 562.11, Florida Statutes, already restricts the age of alcohol
purchase, possession, and consumption to 21 years of age under the recognition that people
below that age lack the maturity to safely consume alcohol; and
WHEREAS, it is past time to take action, we need to do something about this problem
now; and
WHEREAS, the City of South Miami supports legislation to reduce gun violence and
mass shootings; and
[ This is based on the Gun Violence Archive's classification of a mass shooting: four or more people shot or killed
in a single incident, not involving the shooter. All statistics cited are from http://www.gunviolencearchive.org!
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Res. No. 026-18-15058
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami hereby supports legislation to reduce mass
shootings and gun violence including the following:
1. Raise the minimum age to purchase and possess guns and ammunition to 21;
2. Enact legislation regarding "Red Flag Law" to allow "Extreme Risk Protection
Orders" such as those proposed in House Bill 231 and Senate Bill 530;
3. Eliminate the loopholes in the private transfer of weapons and require full background
checks for all sales and transfers of fireanns;
4. Enact the Gun Safety legislation set forth in Senate Bill 196 and House Bill 219 to
place constitutional restrictions on the sale and transfer of assault-style weapons and
high-capacity magazines;
5. Repeal the prohibitions and punitive penalties against elected officials in Section
790.33(3), Florida Statutes.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution 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 resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 20 th day of February, 2018.
ATTEST: APPROVED:
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
Commissioner Gil:
Page 2 of2
4-0
Yea
Yea
Yea
absent
Yea
Florida Statutes relating to age of gun and alcohol possession
790.115 Possessing or discharging weapons or firearms at a school-sponsored event
or on school property prohibited; penalties; exceptions.
(4) Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1), any minor under 18 years of age
who is charged under this section with possessing or discharging a firearm on school property
shall be detained in secure detention, unless the state attorney authorizes the release of the
minor, and shall be given a probable cause hearing within 24 hours after being taken into
custody.
790.17 Furnishing weapons to minors under 18 years of age orpersons ofunsound
mind and furnishing firearms to minors under 18 years of age prohibited.-
(1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of
age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife,
without permission of the minor's parent or guardian, or sells, hires, barters, lends, transfers, or
gives to any person of unsound mind an electric weapon or device or any dangerous weapon,
other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
(2)(a) A person may not knowingly or willfully sell or transfer a firearm to a minor under 18
years of age, except that a person may transfer ownership ofa firearm to a minor with
permission of the parent or guardian. A person who violates this paragraph commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) The parent or guardian must maintain possession of the firearm except pursuant to s.
790.22.
790.18 Sale or transfer of arms to minors by dealers.-
It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pisto~ Springfield
rifle or other repeating rifle, bowie knife or dirk knife, brass knuckles, or electric weapon or
device. A person who violates this section commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
History.-s. 11, ch. 6421,1913; RGS 5559; CGL 7745; s. 751, ch. 71-136; s. 2, ch. 76-165; s.
176,ch. 91-224;s. 4,ch.93-416;s. 3,ch.2016-106.
790.175 Transfer or sale offirearms; required warnings; penalties.-
(1) Uponthe retail commercial sale or retail transfer of any firearm, the seller or transferor
shall deliver a written warning to the purchaser or transferee, which warning states, in block
letters not less than 1/4 inch in height:
"IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY ADULT TO
STORE OR LEAVE A FIREARM IN ANYPLACE WITHIN THE REACH OR EASY ACCESS OF
AMlNOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR OTHERWISE
TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO AMlNOR OR A PERSON
OF UNSOUND MIND."
(2) Any retail or wholesale store, shop, or sales outlet which sells firearms must conspicuously
post at each purchase counter the following warning in block letters not less than 1 inch in
height:
"IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH
OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO KNOWINGLY SELL OR
OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF A FIREARM TO AMlNOR OR
A PERSON OF UNSOUND MIND."
(3) Any person or business knowingly violating a requirement to provide warning under this
section commits a misdemeanor ofthe second degree, punishable as provided in s. 775.082 or
s.775.083.
790.25 Lawful ownership, possession, and use offirearms and other weapons.-
(5) POSSESSION IN PRIVATE CONVEYANCE.-Notwithstanding subsection (2), it is lawful
and is not a violation ofs. 790.01 for a person 18 years of age or older to .possess a concealed
firearm or other weapon for self-defense or other lawful purpose within the interior ofa private
conveyance, without a license, if the firearm or other weapon is securely encased or is
otherwise not readily accessible for immediate use
562.11 Selling, giving, or serving alcoholic beverages to person under age 21; providing
a proper name; misrepresenting or misstating age or age of another to induce licensee to
serve alcoholic beverages to person under 21; penalties.