Res No 036-19-15308RESOLUTION NO.036-19-15308
A Resolution of the Mayor and City Commissioners of the City of South
Miami, calling upon Eduardo F Cora, president of the Miami -Dade County
Fair & Exposition, Inc., and its Board of Directors, to prohibit gun shows at
the Miami -Dade County Fairgrounds.
WHEREAS, gun shows are primarily dedicated to the sale or exchange of firearms; and
WHEREAS, guns enter illegal commerce through one of three ways: (1) by private
transactions in which guns bought and later sold at gun shows, flea markets, or through private
sales to prohibited persons; (2) by straw purchasers who are individuals who buy guns from
dealers and transfer them to the prohibited persons; and (3) by theft where firearms are stolen
from gun dealers and private citizens; and
WHEREAS, the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") was
established to protect communities from violent criminals, criminal organizations, the illegal use
and trafficking of firearms, the illegal use and storage of explosives, acts of arson and bombings,
acts of terrorism, and the illegal diversion of alcohol and tobacco products; and
WHEREAS, to address the illegal use and trafficking of firearms, the ATF issues
Federal firearms licenses to enable an individual or a company to engage in a business pertaining
to the manufacture or importation of firearms and ammunition, or the interstate and intrastate
sale of firearms; and
WHEREAS, to ensure that a purchaser is not a felon or otherwise prohibited from
possessing firearms, Federal firearms licensees (FFLs) must contact the Federal Bureau of
Investigations National Instant Criminal Background Check System (NICS) in compliance with
the Brady Handgun Violence Prevention Act ("Brady Act"), enacted on November 30, 1993; and
WHEREAS, the Brady Act imposes a 5-day waiting period before a licensed importer,
manufacturer, or dealer may sell, deliver, or transfer a handgun to an unlicensed individual. The
waiting period applies only in states without an acceptable alternate system of conducting
background checks on handgun purchasers; and
WHEREAS, in 2000, the ATF published an analysis of more than 1,530 trafficking
investigations over a two -and -a -half -year period and found gun shows to have the second highest
number of trafficked guns per investigation. These investigations involved a total of 84,128
firearms that had been diverted from legal to illegal commerce. All told, the report identified
more than 26,000 firearms that had been illegally trafficked through gun shows in 212 separate
investigations 2 ; and
I https://www.atfgov/resource-center/how-guns-flow-legal-illegal-commerce
2 https:Hen.wikipedia.org/wiki/Gun_shows_in_the_United_States
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Res. No. 036-19-15308
WHEREAS, government property should not be used to abet the entry of guns into
illegal commerce; and
WHEREAS, recreational government facilities serve the residents best when used for
events that enrich the community and provide educational activities for our youth.
WHEREAS, there are five gun upcoming shows scheduled to take place at the Dade -
County Fairgrounds, 10901 Southwest 24 Street, Miami, FL 33165; and
WHEREAS, in the wake of the Parkland school tragedy in February 2018, Fort
Lauderdale's Mayor, Jack Seiler, requested the cancellation of the Florida Gun and Knife show,
scheduled to take place March 17 —18, 2018, inside the War Memorial Auditorium (owned and
operated by the City of Fort Lauderdale 3). The organizers and operators cancelled the event at his
request; and
WHEREAS, the City of Fort Lauderdale decided to no longer license the gun show at a
city -owned auditorium after it expired in November 2018; and
WHEREAS, a lawsuit was filed against the City of Fort Lauderdale, alleging a violation
of the First Amendment right to commercial speech, a violation of the equal protection clause, a
violation of the State preemption on local regulation of firearms and breach of contract. The US
Magistrate Judge issued a Report and Recommendation to rule in favor of Fort Lauderdale (after
a full day evidentiary hearing) and recommended denying the gun show advocate's request for an
injunction be DENIED. As a result, the lawsuit was voluntarily dismissed with prejudice.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Mayor and City Commission hereby calls upon Eduardo F Cora, president
of the Miami -Dade County Fair & Exposition, Inc., and its Board of Directors, to discontinue the
company's policy of allowing gun shows at the Miami -Dade County Fairgrounds.
Section 2. The City Clerk shall forward a copy of this resolution to Eduardo F Cora, the
Board of Directors of Miami -Dade County Fair & Exposition, Inc., the Miami -Dade County
Mayor and all of the members of the Miami -Dade County Board of County Commissioners.
Section 3. 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 4. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 19th day of March, 2019.
3 http://www.fortlauderdale.gov/departments/parks-recreation/war-memorial-auditorium
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Res. No. 036-19-15308
ATTEST:
l.4 'a
CITY C ERK
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
TM
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
Commissioner Gil:
5-0
Yea
Yea
Yea
Yea
Yea
Page 3 of 3
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: March 19, 2019
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution of the Mayor and City Commissioners of the City of South Miami, calling upon Miami -Dade County
Mayor and Board of County Commissioners to prohibit gun shows on public property and specifically at the
Dade -County Fairgrounds. 3/5 (Commissioner Welsh)
Suggested Action:
Attachments:
Reso re Gun Shows on MDC Youth Fair Ground.doc