41 RESOLUTION NO. _____ _
2
3 A Resolution calling upon local governments to prohibit gun shows on
4 government property in Florida.
5
6 WHEREAS, more than 4,000 gun shows, dedicated primarily to the sale or exchange of
7 firearms, are held annually in the United States!; and
8
9 WHEREAS, guns enter illegal commerce through one of three ways: (1) by private
10 transactions in which guns bought and later sold at gun shows, flea markets, or through private
11 sales to prohibited persons; (2) by straw purchasers who are individuals who buy guns from
12 dealers and transfer them to the prohibited persons; and (3) by theft where firearms are stolen
13 from gun dealers and private citizens2 ; and
14
15 WHEREAS, the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") was
16 established to protect communities from violent criminals, criminal organizations, the illegal use
17 and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings,
18 acts of terrorism, and the illegal diversion of alcohol and tobacco products; and
19
2 0 WHEREAS, to address the illegal use and trafficking of firearms, the ATF issues
21 Federal firearms licenses to enable an individual or a company to engage in a business pertaining
22 to the manufacture or importation of firearms and ammunition, or the interstate and intrastate
23 sale of firearms; and
24
25 WHEREAS, to ensure that a purchaser is not a felon or otherwise prohibited from
26 possessing firearms, Federal firearms licensees (FFLs) must contact the Federal Bureau of
27 Investigations National Instant Criminal Background Check System (NICS) in compliance with
28 the Brady Handgun Violence Prevention Act ("Brady Act"), enacted on November 30,1993; and
29
30 WHEREAS, the Brady Act imposes a 5-day waiting period before a licensed importer,
31 manufacturer, or dealer may sell, deliver, or transfer a handgun to an unlicensed individual. The
32 waiting period applies only in states without an acceptable alternate system of conducting
33 background checks on handgun purchasers; and
34
35 WHEREAS, there is a loophole in the Brady Act because it does not apply to the sale of
36 firearms by noniicensees, who make up at least one-quarter, and up to half, of the sellers of
37 firearms at gun shows 3 ; and
38
39 WHEREAS, in 2000, the ATF published an analysis of more than 1,530 trafficking
40 investigations over a two-and-a-half-year period and found gun shows to have the second highest
41 number of trafficked guns per investigation. These investigations involved a total of 84,128
42 firearms that had been diverted from legal to illegal commerce. All told, the report identified
I https:!/www.atf.gov/file/57506/download
2 https:!/www.atf.gov/resource-centerihow-guns-flow-legal-illegal -conunerce
3 Ibid.
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1 more than 26,000 firearms that had been illegally trafficked through gun shows in 212 separate
2 investigations 4 ; and
3
4 WHEREAS, there are three upcoming gun shows in Miami, Florida, that will be taking
5 place at the Dade-County Fairgrounds, 10901 Southwest 24 Street, Miami, FL 33165; and
6
7 WHEREAS, the Dade-County Fairgrounds is owned by Miami-Dade County5; and
8
9 WHEREAS, there are numerous other gun shows to be held around Florida on
10 government property such as the Florida State Fairgrounds in Tampa, the RP Funding Center in
11 Lakeland, and the Central Florida Fairgrounds in Orlando, to name a few; and
12
13 WHEREAS, in the wake of the Parkland school tragedy in February 2018, Fort
14 Lauderdale's Mayor, Jack Seiler, requested the cancellation ofthe Florida Gun and Knife show,
15 scheduled to take place March 17 -18, 2018, inside the War Memorial Auditorium (owned and
16 operated by the City of Fort Lauderdale 6). The organizers and operators cancelled the event at his
17 request; and
18
19 WHEREAS, gun shows, which exploit the Brady Act loophole, will add to the
20 proliferation of guns in illegal cormnerce which can lead to more gun violence, loss of life,
21 serious injuries in the surrounding cormnunities and elsewhere; and
22
23 WHEREAS, government property should not be used to abet the entry of guns into
24 illegal cormnerce; and
25
26 WHEREAS, recreational government facilities serve the residents best when used for
27 events that emich the cormnunity and provide educational activities for our youth.
28
29 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
30 COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
31
32 Section 1. The City of South Miami Cormnission hereby calls upon local governments to
33 prohibit gun shows on government property in Florida.
34
35 Section 2. The City Clerk shall forward a copy of this resolution to all municipalities and
36 counties in the State of Florida.
37
38 Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
39 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
40 not affect the validity of the remaining portions of this resolution.
41
42 Section 4. Effective Date. This resolution shall become effective immediately upon
43 adoption.
4 https:llen.wikipedia.orglwiki/Gun_shows_in_the_United _States
5 PropeJiy Folio: 30-4007-000-0010
6 http://www.fortlauderdale.goy/departments/parks-recreation/war-memorial-auditorium
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1
2 PASSED AND ADOPTED this __ day of ,2018.
3
4 ATTEST: APPROVED:
5
6
7 CITY CLERK MAYOR
8
9 READ AND APPROVED AS TO FORM, COMMISSION VOTE:
10 LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard:
11 EXECUTION THEREOF Vice Mayor Harris:
12 Commissioner Welsh:
13 Commissioner Liebman:
14 Commissioner Gil:
15 CITY ATTORNEY
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