R18-0392
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RESOLUTION NO. R18-039
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, CALLING ON THE STATE OF FLORIDA,
FLORIDA GOVERNOR RICK SCOTT, FLORIDA STATE
LEGISLATORS, UNITED STATES PRESIDENT
DONALD TRUMP, THE UNITED STATES FEDERAL
GOVERNMENT, AND THE UNITED STATES
CONGRESS TO REDUCE GUN VIOLENCE IN
AMERICA AND TO HELP PREVENT FUTURE MASS
SHOOTINGS BY REQUIRING A BACKGROUND
CHECK FOR EVERY FIREARM SALE; SUPPORTING
THE PASSAGE OF A RED FLAG LAW; SUPPORTING
RAISING THE AGE FOR LEGAL PURCHASE OF
FIREARMS, MAGAZINES AND AMMUNITION TO 21;
SUPPORTING THE PASSAGE OF GUN CONTROL
LEGISLATION THAT WOULD MAKE MILITARY -
STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES
LESS ACCESSIBLE, SO AS TO PREVENT MASS
SHOOTINGS AND LARGE-SCALE HUMAN LOSS OF
LIFE AND SUFFERING FROM ALL PLACES WHERE
PEOPLE NORMALLY CONGREGATE, INCLUDING
OUR SCHOOLS; AUTHORIZING THE CITY CLERK TO
TRANSMIT THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Federal and State leaders continue to fail to act to implement sensible
gun law reforms that are supported by a majority of the nation; and
WHEREAS, it is with a heavy heart that the City Commission of the City of Boynton
Beach must again address the issue of gun control following the mass shooting at Marjory
Stoneman Douglas High School in Parkland, Florida, on Valentine's Day, February 14, 2018,
where fourteen (14) students ranging in age between 14 and 17 were killed along with three (3)
teachers, and fifteen (15) people were wounded; and
WHEREAS, an increase in the amount of hate groups, international terrorism,
domestic terrorism, underfunded community mental health programs, and easy access to
military grade, high-capacity magazine assault weapons have created circumstances which
have led to an unprecedented number of mass shootings in American communities in recent
years; and
WHEREAS, in recent years, mass shootings involving military grade -high capacity
magazine assault weapons; and
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WHEREAS, in February 2013, in the wake of numerous mass shootings culminating
in the Sandy Hook Elementary School shooting in Newtown, Connecticut, the City
Commission of the City of Boynton Beach passed Resolution No. 13-018 to urge the federal
government to reduce gun violence in America through the "Fix Gun Checks Act;" and
WHEREAS, further mass shootings occurred in the 2015 attack at the Inland
Regional Center in San Bernardino, California; the 2016 attack on the Pulse nightclub in
Orlando, Florida; and the 2017 attack at the Route 91 Harvest Festival in Las Vegas, Nevada;
I and
WHEREAS, on November 5, 2017, a mass shooting occurred at the First Baptist
Church in Sutherland Springs, Texas in which 26 were killed and 20 others were injured. As
has been noted, "the attack was the deadliest mass shooting by one person in Texas and the
fifth -deadliest mass shooting in the United States. It was the deadliest shooting in an
American place of worship in modern history, surpassing the Charleston church shooting of
2015 and the Waddell Buddhist temple shooting of 1991"; and
WHEREAS, on February 14, 2018, a mass shooting occurred at Marjory Stoneman
Douglas High School in Parkland, Florida killing 17 students, teachers and coaches and
wounding 14 others, 5 with life-threatening injuries; and
WHEREAS, an AR -15 -style rifle was used in the mass shootings in Newtown,
Connecticut; Aurora, Colorado; San Bernardino, California; Las Vegas, Nevada; Sutherland
Springs, Texas; and Parkland, Florida; and
ASSAULT WEAPON AND HIGH CAPACITY MAGAZINE RESTRICTIONS
HAVE BEEN HELD CONSTITUTIONAL
WHEREAS, Maryland, Connecticut and New York, in response to mass shootings
resulting in the massacre of students, teachers and others, have passed prohibitions on sales of
assault weapons and large capacity magazines; and
WHEREAS, after lengthy ligation, those laws were upheld by U.S. Federal Courts as
constitutional, concluding that the Second Amendment does not reach to protect the purchase
and sale of weapons of war. Kolbe v. Hogan, 849 F.3d 114 (Fourth Cir. 2017); New York
State Rifle and Pistol Ass'n. Inc. v. Cuomo, 804 F.3d 242 (Second Cir. 2015); and
WHEREAS, in response to the Sandy Hook massacre, Maryland enacted the State's
Firearm Safety Act of 2013 (the "FSA"), which bans the AR -15 and other military -style rifles
and shotguns (referred to as "assault weapons") and detachable large -capacity magazines,
providing "that a person may neither "transport an assault weapon into the State" nor
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"possess, sell, offer to sell, transfer, purchase, or receive an assault weapon." See Md. Code
Ann., Crim. Law § 4-303(a). The banned assault weapons include "assault long gun[s]" and
"copycat weapon[s]" Id. § 4-301(d)"; and
WHEREAS, the Maryland FSA defines an assault long gun as a rifle or shotgun
"listed under § 5-101(r)(2) of the Public Safety Article," including the "Colt AR -15,"
"Bushmaster semi -auto rifle," and "AK -47 in all forms." See Md. Code Ann., Crim. Law § 4-
301(b); Md. Code Ann., Pub. Safety § 5-101(r)(2). The list of prohibited rifles and shotguns
consists of "specific assault weapons or their copies, regardless of which company produced
and manufactured that assault weapon." See Md. Code Ann., Pub. Safety § 5-101(r)(2)"; and
WHEREAS, the Maryland "FSA provides a separate definition for a copycat weapon
that is premised on a weapon's characteristics, rather than being identified by a list of specific
firearms. In relevant part, a copycat weapon means: (i) a semiautomatic centerfire rifle that
can accept a detachable magazine and has any two of the following: 1. a folding stock; 2. a
grenade launcher or flare launcher; or 3. a flash suppressor; (ii) a semiautomatic centerfire
rifle that has a fixed magazine with the capacity to accept more than 10 rounds; (iii) a
semiautomatic centerfire rifle that has an overall length of less than 29 inches; * * * (v) a
semiautomatic shotgun that has a folding stock; or (vi) a shotgun with a revolving cylinder.
See Md. Code Ann., Crim. Law § 4-301(e)(1)."; and
WHEREAS, "[i]n banning large -capacity magazines along with assault weapons, the
FSA provides that "[a] person may not manufacture, sell, offer for sale, purchase, receive, or
transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for
a firearm." See Md. Code Ann., Crim. Law § 4-305(b). A detachable magazine is defined as
"an ammunition *123 feeding device that can be removed readily from a firearm without
requiring disassembly of the firearm action or without the use of a tool, including a bullet or
cartridge." Id. § 4-301(f)."; and
WHEREAS "[u]nder the FSA's exceptions, "[a] licensed firearms dealer may
continue to possess, sell, offer for sale, or transfer an assault long gun or a copycat weapon
that the licensed firearms dealer lawfully possessed on or before October 1, 2013," and "[a]
person who lawfully possessed, has a purchase order for, or completed an application to
purchase an assault long gun or a copycat weapon before October 1, 2013, may ... possess and
transport the assault long gun or copycat weapon." See Md. Code Ann., Crim. Law § 4-
303(b)(2), (3)(i). The FSA does not ban the possession of a large -capacity magazine. Further,
the FSA explicitly allows the receipt and possession of an assault weapon or large -capacity
magazine by a retired Maryland law enforcement officer if the assault weapon or large -
capacity magazine "is sold or transferred to the person by the law enforcement agency on
retirement" or "was purchased or obtained by the person for official use with the law
enforcement agency before retirement." Id. § 4-302(7).", and
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WHEREAS the Kolbe Court stated "[s]imply put, AR -15 -type rifles are "like" M16
rifles under any standard definition of that term. See, e.g., Webster's New International
Dictionary 1431 (2d ed. 1948) (defining "like" as "[h]aving the same, or nearly the same,
appearance, qualities, or characteristics; similar"); The New Oxford American Dictionary 982
(2d ed. 2005) (defining "like" as "having the same characteristics or qualities as; similar to").
Although an M16 rifle is capable of fully automatic fire and the AR -15 is limited to
semiautomatic fire, their rates of fire (two seconds and as little as five seconds, respectively,
to empty a thirty -round magazine) are nearly identical. Moreover, in many situations, the
semiautomatic fire of an AR -15 is more accurate and lethal than the automatic fire of an M16.
Otherwise, the AR -15 shares the military features—the very qualities and characteristics—
that make the M16 a devastating and lethal weapon of war."; and
WHEREAS, the Kolbe Court held "[w]hatever their other potential uses—including
self-defense—the AR -15, other assault weapons, and large -capacity magazines prohibited by
the FSA are unquestionably most useful in military service. That is, the banned assault
weapons are designed to "kill[ ] or disabl[e] the enemy" on the battlefield. See J.A. 735. The
very features that qualify a firearm as a banned assault weapon—such as flash suppressors,
barrel shrouds, folding and telescoping stocks, pistol grips, grenade launchers, night sights,
and the ability to accept bayonets and large -capacity magazines—"serve specific, combat -
functional ends." See id. at 1120. And, "[t]he net effect of these military combat features is a
capability for lethality—more wounds, more serious, in more victims—far beyond that of
other firearms in general, including other semiautomatic guns." Id. at 1121-22."; and
WHEREAS, the Kolbe Court found, "[1]ikewise, the banned large -capacity
magazines "are particularly designed and most suitable for military and law enforcement
applications." See J.A. 891 (noting that large -capacity magazines are meant to "provide[ ]
soldiers with a large ammunition supply and the ability to reload rapidly"). Large -capacity
magazines enable a shooter to hit "multiple human targets very rapidly"; "contribute to the
unique function of any assault weapon to deliver extraordinary firepower"; and are a
"uniquely military feature[ ]" of both the banned assault weapons and other firearms to which
they may be attached. See id. at 1151."; and
WHEREAS, the Kolbe Court concluded, "[b]ecause the banned assault weapons and
large -capacity magazines are clearly most useful in military service, we are compelled by
Heller to recognize that those weapons and magazines are not constitutionally protected.' ; and
WHEREAS, the en banc panel of the Fourth Circuit in Kolbe held that "[1] banned
weapons and magazines were not protected by Second Amendment; [2] the Maryland FSA
did not violate Equal Protection Clause; and [3] the Maryland FSA was not void for
vagueness under Due Process Clause;" and
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WHEREAS, the Kolbe holding that such reasonable restrictions did not violate the
Second Amendment was consistent with the earlier holding of the Second Circuit in New
York State Rifle and Pistol Ass'n, Inc. v. Cuomo, 804 F.3d 242 (Second Cir. 2015) which
held: "[1] laws prohibiting possession of certain semiautomatic weapons, large -capacity
magazines, and on number of bullets in a magazine would be reviewed under intermediate
scrutiny; [2] prohibitions on possessing certain semiautomatic assault rifles with one or more
military -style features did not violate the Second Amendment's right to bear arms; [3]
prohibitions on possessing large -capacity magazines not violate the Second Amendment's
right to bear arms; [4] New York law prohibiting possession of a magazine for a firearm
loaded with more than seven rounds violated the Second Amendment right to bear arms; [5]
laws criminalizing possession of magazines that could be "readily restored or converted to
accept" more than ten rounds were not unconstitutionally vague; [6] Connecticut law
prohibiting possession of certain specified firearms and any "copies or duplicates thereof with
the capability of the listed models was not unconstitutionally vague; [7] New York law
prohibiting possession of semiautomatic pistols that were semiautomatic versions of an
automatic rifle, shotgun or firearm" was not unconstitutionally vague; and [8] provision of
New York law prohibiting semiautomatic assault rifles with a "muzzle break" was not
unconstitutionally vague;" and
WHEREAS, presently pending in Florida is similar legislation, Senate Bill 196/House
Bill 219 which would prohibit "the sale or transfer of an assault weapon or large -capacity
magazine; specifying circumstances in which the manufacture or transportation of assault
weapons or large -capacity magazines is not prohibited; providing enhanced criminal penalties
for certain offenses when committed with an assault weapon or large -capacity magazine,
etc.;" and
WHEREAS, following the lead of other states, and having had Federal Courts
consistently hold that such restrictions are constitutional, it is time to implement such
restrictions in the State of Florida and throughout the United States; and
BACKGROUND CHECKS FOR ALL SALES AND TRANSFERS
WHEREAS, according to Everytown for Gun Safety, which is an independent, non-
partisan 501(c)(3) organization dedicated to understanding and reducing gun violence in
America:
{00218442.1 306-9001821}
• Background checks are a central component of America's efforts to keep
guns from criminals: since their inception, they have blocked over 3
million gun sales to prohibited purchasers.
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• According to a study by the Department of Justice, between 1994 and
2014, federal, state, and local agencies conducted background checks on
more than 180 million firearm applications and denied 2.82 million gun
sales to prohibited purchasers.
WHEREAS, despite this success, the system is undermined by legal loopholes and
missing records that enable too many dangerous individuals to obtain weapons they later use
in crimes; and
WHEREAS, it is estimated that state and federal agencies have failed to report more
than one million records of persons with dangerous mental illness into the National Instant
Criminal Background Check System ("NICS") which initiates background checks into three
databases: the National Crime Information Center (NCIC), the Interstate Identification Index,
and the NICS Index; and
WHEREAS, on April 16, 2007, Seung -Hui Cho shot and killed 32 people at Virginia
Tech with guns that were legally purchased because records of his mental health status were
missing from the NICS; and
WHEREAS, on January 8, 2011, Jared Loughner, someone with a reported history of
drug abuse and serious mental illness who should have been in the NICS database but was
not, killed six Tucsonans — Christina -Taylor Green, Dorothy Morris, Judge John Roll,
Dorwan Stoddard, Phyllis Schneck, and Gabe Zimmerman — and shot 13 others, including
U.S. Congresswoman Gabrielle Giffords; and
WHEREAS, on July 20, 2012, James Holmes, using a semi-automatic rifle and other
guns, shot and killed 12 people and injured at least 58 others in a movie theater in Aurora,
Colorado, using some of the thousands of rounds of ammunition that the shooter had recently
purchased online without any background check; and
WHEREAS, on August 5, 2012, Wade Michael Page, using a semi-automatic
handgun, shot and killed 6 people and injured 3 others at a Sikh temple in Oak Creek,
Wisconsin; and
WHEREAS, on October 21, 2012, Radcliffe Haughton, using a semi-automatic
handgun, shot and killed his estranged wife and two others; and though a restraining order had
been issued against Haughton — making him a prohibited person under federal law —
Haughton was able to avoid a background check by purchasing the gun from a private seller
through armslist.com; and
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WHEREAS, on December 14, 2012, Adam Lanza, using two semi-automatic
handguns, shot and killed 27 people, including 20 children at Sandy Hook elementary school;
I and
WHEREAS, the shooter in the Sutherland Springs, Texas massacre should have been
prevented from purchasing any firearm because of a domestic violence conviction and court-
martial while in the United States Air Force. However, according to news reports, the Air
Force did not provide the conviction to the FBI National Crime Information Center database;
and
WHEREAS, in the wake of the Virginia Tech shootings, Virginia and other states
have submitted hundreds of thousands of new mental health records into the NICS database,
yet 19 states have each submitted fewer than 100 mental health records since that massacre;
and
WHEREAS, under federal law, licensed gun dealers are mandated to conduct NICS
checks before proceeding with a sale, but this requirement does not apply to so-called private
sellers who are present in large numbers at gun shows and sell guns over the internet; and
WHEREAS, it is estimated that 6.6 million guns were sold privately in the U.S.
between November 2011 and November 2012, and undercover investigations have shown that
many private sellers at gun shows and online will proceed with sales even when they are
made aware that prospective purchasers cannot pass a background check; and
WHEREAS, more than 12,000 Americans are murdered with guns every year, and
too many of these crimes are committed by individuals who are barred from purchasing or
possessing guns under federal law; and
WHEREAS, other tragedies including the 1999 Columbine High School shooting in
Colorado, the 2010 attack on law enforcement at the Pentagon, and the 2012 mass shooting at
a Pittsburgh psychiatric clinic were perpetrated by individuals who obtained guns through
unregulated private sales, with no paperwork required and no questions asked; and
WHEREAS, the Fix Gun Checks Act was introduced in the U.S. Congress, and this
legislation would have addressed the two major flaws in the nation's gun background check
system by improving compliance with federal record reporting requirements, and by requiring
background checks for all U.S. gun sales; and
WHEREAS, 90 percent of Americans and 90 percent of gun owners support fixing
gaps in the gun background check database, and 86 percent of Americans, 82 percent of gun
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owners nationwide, and 74 percent of National Rifle Association ("NRA") members support
mandatory criminal background checks for all gun sales; and
WHEREAS, the City of Boynton Beach has been a strong advocate for common-
sense policies that keep guns out of dangerous hands while respecting the rights of law-
abiding gun owners, and strongly believes that Congress and state governments should take
immediate action to close deadly gaps in the NICS; and
WHEREAS, more than 50 national organizations support closing gaps in the gun
background check database and requiring a background check for all gun sales, including the
U.S. Conference of Mayors, National Urban League, National Association for the
Advancement of Colored People, and the National Coalition Against Domestic Violence, the
International Association of Chiefs of Police, the Major Cities Chiefs Association and the
Police Executive Research Forum; and
RED FLAG LAWS
WHEREAS, implementation of RED FLAG LAWS, allows the community to protect
itself and according to Everytown for Gun Safety:
(00218442.1306-9001821)
• Like many mass shooters, the 19 -year-old suspected of shooting and killing
at least 17 people and injuring at least 14 others at a high school in
Parkland, Florida displayed warning signs prior to the shooting.
Unfortunately, Florida does not have a Red Flag Law—a law increasingly
being adopted by states that empowers family members and law
enforcement to seek an Extreme Risk Protection Order, a court order
temporarily restricting a person's access to guns when they pose a danger
to self or others. Five states have Red Flag Laws in place—and bills are
currently pending in another 18 states;
• Red Flag Laws can save lives by creating a way for family members and
law enforcement to act before warning signs escalate into tragedies;
• When a person is in crisis, loved ones and law enforcement are often the
first to see signs that they pose a threat. Red Flag Laws allow them to seek
help from a court to remove guns from dangerous situations;
• Red Flag Laws empower law enforcement and immediate family members
to petition a court for an Extreme Risk Protection Order, sometimes called
a Gun Violence Restraining Order.
• If a court finds that a person poses a significant danger of injuring
themselves or others with a firearm, that person is temporarily prohibited
from purchasing and possessing guns and is required to turn over their guns
while the order is in effect.
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• Five states have Red Flag Laws—and bills are currently pending in another
18 states, including Florida;
• A nationwide study of mass shootings from 2009 to 2016 revealed that in
least 42 percent of those incidents, there is documentation that the attacker
exhibited dangerous warning signs before the shooting.
• The alleged mass shooter who shot and killed 17 people and injured 14
others at a high school in Parkland, Florida on February 14, 2018 also
displayed warning signs prior to the shooting. He was expelled from
school, and students and teachers reported that he displayed threatening
behavior. His mother contacted law enforcement on multiple occasions
regarding his behavior, and he was known to possess firearms.
• Final orders—which generally last for up to one year—can only be issued
after notice and an opportunity to be heard. At the hearing, the person
would have the chance to respond to evidence that they are too dangerous
to have a gun.
• A temporary order—which typically lasts 14 to 21 days—can be issued
before a full hearing is held, but only if there is clear evidence that an order
is necessary to prevent immediate danger.
WHEREAS, currently pending in the Florida Legislature is House Bill 231/Senate
Bill 530 which would implement a Red Flag Law, and had these bills been passed and signed
into law, there is a high likelihood the Parkland massacre would have been averted and those
loved ones saved; and
MINORS UNDER FLORIDA LAW ARE PERMITTED TO PURCHASE GUNS
WHEREAS, according the Giffords Law Center to Prevent Gun Violence:
• Laws imposing minimum age requirements for the possession and purchase
of firearms are intended to decrease access to firearms by young people
and, correspondingly, to decrease the number of suicides, homicides, and
unintentional shootings among that population;
• In 2014, 21,101 people under the age of 21 were shot by guns. 3,265 died
from those gunshot wounds. Of these deaths, 1,925 were classified as
homicides, 1,145 as suicides, and 122 as the result of unintentional
shootings;
• Firearms were used in 41% of suicide deaths among individuals under age
21 in 2014.
WHEREAS, according the Giffords Law Center to Prevent Gun Violence:
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• Federal law in this area distinguishes between long guns (assault style
rifles, rifles and shotguns) and handguns, and between gun possession and
gun sales. Federal law also provides stronger age restrictions for sales by
licensed gun sellers.
• Licensed firearms dealers may not sell or deliver a handgun or ammunition
for a handgun to any person the dealer has reasonable cause to believe is
under age 21.
• Dealers may not sell or deliver a long gun, or ammunition for a long gun,
to any person the dealer knows or has reasonable cause to believe is under
age 18.
• Unlicensed persons may not sell, deliver or otherwise transfer a handgun or
handgun ammunition to any person the transferor knows or has reasonable
cause to believe is under age 18, with certain exceptions.
• Unlicensed persons may sell, deliver, or otherwise transfer a long gun or
long gun ammunition to a person of any age.
WHEREAS, in summary, with some exceptions, federal law prohibits the possession
of a handgun or handgun ammunition by any person under the age of 18 but does not set a
minimum age for the possession of long guns or long gun ammunition; and
WHEREAS, under Florida law, the purchase of a long gun is allowed for a person
under 21 years of age; and
WHEREAS, in order to restrict such purchase and/or possession of a long gun, high
capacity magazines and ammunition, the Florida legislature would need to amend Fla. Stat. §§
790.17(2), 790.18; Fla. Stat. § 790.22(3), (5); and
FLORIDA LAW INAPPROPRIATELY PUNISHES
ELECTED OFFICIALS FOR TRYING TO PROTECT THEIR RESIDENTS
WHEREAS, in 1987, the Florida Legislature passed Chapter 87-23, Laws of Florida,
which created Florida Statutes section 790.33 and declared the preemption of the whole field
of regulation of firearms and ammunition, reserving the exclusive right to regulate and/or
enforce any laws involving firearms and ammunition to the Florida Legislature and the State
of Florida; and
(00218442.1 306-9001821)
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WHEREAS, in 2011, the Florida Legislature passed and Governor Scott signed
Chapter 2011-109, Laws of Florida to allow the Governor to remove from office, without due
process of law, any person acting in an official capacity for a local authority, including an
elected official, who passes an ordinance or causes to be enforced a local ordinance,
administrative rule or regulation impinging on the exclusive authority of Florida legislature to
regulate firearms and ammunition in all respects; and
WHEREAS, the 2011 Amendment to Florida Statutes section 790.33 provides for
personal liability of any person who enacts or causes to be enforced any local ordinance
impinging upon the Legislature's occupation of the whole field of regulation of firearms and
ammunition; and
WHEREAS, the 2011 Amendment to Florida Statutes section 790.33 also provides
that if a Court finds a willful or knowing violation of the prohibition on the ability of local
government to regulate or enforce firearms or ammunition in any regard, the Court may
impose a personal fine of up to $5,000 on the elected or appointed local government
official(s) or administrative agency head and cause the county, agency, municipality, district
or other entity to reimburse the legal cost of those who sue to overturn the ordinance, rule,
regulation and/or enforcement effort and to pay their actual damages; and
WHEREAS, pursuant to Florida Statutes section 790.33, local communities appear
powerless to enumerate elements of the standard of care which should be met to protect the
community, while the State and Federal governments have repeatedly failed to protect
Americans, Floridians, and the citizens of Boynton Beach; and
WHEREAS, the City Commission of the City of Boynton Beach urgently requests the
Governor and Legislature of the State of Florida to address this deficit in law by enacting
legislation that would allow municipalities the ability to address these public health, safety
and welfare items by enacting local legislation without fear of removal from office, in
accordance with the unique local characteristics of a community and with due respect to the
risk to public; and
WHEREAS, local governments have a duty to protect their residents, visitors, tourists
and businesses and that such duty should not be infringed; and
WHEREAS, Palm Beach County Sheriff Ric Bradshaw could not enforce a policy of
taking a firearm from an individual believed to be suicidal and conditioning the return of the
firearm on a court order as a result of the preemption set forth in section 790.033; and
(00218442.1306-9001821)
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WHEREAS, in 2016 more than 100 medical organizations signed a letter to Congress
asking to lift the Dickey Amendment that banned the Center for Disease Control from
researching guns as a serious public threat; and
WHEREAS, the City Commission, urges the United States Congress and Florida
State Legislators to utilize their lawful authority to enact gun legislation that would:
1. effectively ban military -style assault weapons, such as AR -15s, and their
component parts, including high-capacity magazines and bump stocks, limiting the
use of these weapons to bona fide and highly trained law enforcement agencies;
and
2. bar or impose limitations upon persons convicted of hate crimes or domestic
abuse from obtaining guns; and
3. allow the attorney general to deny a gun sale to anyone if he or she has a
"reasonable belief' that the buyer was likely to engage in terrorism; and
4. require that law enforcement be alerted when anyone on the terror watch list
attempts to buy a weapon from a licensed dealer; and
5. prohibit anyone on the federal terrorist "no-fly" list from purchasing weapons;
and
6. close the "gun show and intemet sales loopholes" by requiring every gun
purchaser to undergo a background check, and to expand the background check
database; and
7. require background checks to ensure that gun buyers do not have a history of
mental illness; and
8. repeal the Dickey Amendment; and
9. repeal the preemption set forth in section 790.033 and allow local government
to adopt and implement reasonable rules, regulations and policies to regulate
firearms to better protect the public.
WHEREAS, the City Commission of the City of Boynton Beach not only
extends its condolences to the victims and their families of the shooting at Marjory
Stoneman Douglas High School in Parkland, Florida, but also, once again, strongly
urges our State and Federal legislators to immediately address this issue during the
current legislative session, which is ongoing at the time of passage of this Resolution.
(00218442.1 306-9001821)
Page 12 of 14
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof, as if fully set forth herein.
Section 2. The City supports federal legislation that would require a background
check for every firearm sale whether the legislation is enacted by passage of the Fix Gun
Checks Act in the United States Congress or some other legislation.
Section 3. The City urges the Florida legislature to immediately pass House Bill
231/Senate Bill 530, popularly described as a "Red Flag Law," to protect our community
from those who are identifiable as a threat to safety and security.
Section 4. The City urges immediate amendment to Florida law to raise the age
for legal purchase of guns, including long guns, high capacity magazines, and ammunition to
21 years of age.
Section 5. The City urges immediate passage of legislation that would get
military -style weapons and high-capacity magazines away from our community and
especially our schools and that would increase the minimum age to purchase and possess a
weapon from age 18 to age 21.
Section 6. The City urges the Florida legislature to repeal the draconian punitive
punishments of elected officials set forth in Florida Statutes section 790.33.
Section 7. The City urges Florida Governor Rick Scott to take action to pass gun
reform, even if it means extending the 2018 legislative session, to:
a. Raise the minimum age to allow the purchase of guns and ammunition to 21;
b. Eliminate the loopholes in the private transfer of weapons and require full
background checks for all sales and transfers of firearms;
C. Repeal the prohibitions and penalties in Section 790.33(3), Florida Statutes;
d. Enact legislation regarding Red Flag Law to allow Extreme Risk Protection
Orders such as those proposed in House Bill 231 and Senate Bill 530;
e. 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.
{00218442.1 306-90018211 Page 13 of 14
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Section 8. The City Commission calls upon our elected Federal and State
Legislators to enact gun control legislation to prevent and eliminate mass shootings and large
scale human loss of life and suffering from mass shootings in America, and to do so with the
sense of urgency and commitment in the face of ongoing tragic and unnecessary loss of life
triggered by mass shootings and high powered, military grade, high capacity magazine assault
weapons.
Section 9. The City Commission requests that all concerned residents of the
City of Boynton Beach, Palm Beach County, the State of Florida and our Country, call, write
or e-mail their state and federal elected officials (Florida Senate, Florida House of
Representatives, United States Senate, United States House of Representatives) to support
the prompt enactment of gun con control legislation.
Section 10. The City Clerk is hereby directed to distribute this Resolution to
President Donald Trump, Governor Rick Scott, the Palm Beach County League of Cities, the
Florida League of Cities, the United States Conference of Mayors, the United States
Congressional Delegation from Florida and the Palm Beach County Legislative Delegation.
Section 11. This Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED this 6' day of March, 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor - Steven B. Grant
Vice Mayor - Justin Katz
Commissioner - Mack McCray
Commissioner - Christina L. Romelus
Commissioner - Joe Casello `l -
ATTEST:
h A. Pyle,
Clerk
(City Seal) •
(00218442.1306-9001821) Page 14 of 14
VOTE
The City o Bo Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: cityclerk @bbfl.us
www.boynton- beach.org
March 8, 2018
Palm Beach County League Of Cities
301 N. Olive Avenue # 1002 -17
West Palm Beach, Fl 33401
To Whom It May Concern:
Attached is a copy of Resolution No. 18 -039 that was adopted by the Boynton Beach City
Commission at their regular meeting on March 6, 2018. This Resolution supports stronger
gun laws.
If there are any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
r
J ith A. Pyle, CMC
City Clerk
Attachment
S: \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2017 \R17 -026 Support for the combined
efforts of the CDD and D03 to curtail Opioids by Physicians.doc
America's Gateway to the Gulfstream
The City o f Bo B each
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: cityclerk @bbfl.us
www.boynton - beach.org
March 8, 2018
Governor Rick Scott
State of Florida
The Capital 400 S. Monroe Street
Tallahassee, FL 32399
Dear Governor Scott:
Attached is a copy of Resolution No. 18 -039 that was adopted by Boynton Beach the City
Commission at their regular meeting on March 6, 2018. This Resolution supports stronger
gun laws.
If there are any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Judith A. Pyle, CMe
City Clerk
Attachment
S: \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2017 \R17 -026 Support for the combined
efforts of the CDD and DOJ to curtail Opioids by Physicians.doc
America's Gateway to the Gulfstream
The City o Bo Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: cityclerk @bbfl.us
www.boynton-beach.org
March 8, 2018
Florida League of Cities
125 E Colonial Drive
Orlando, Fl 32801
To Whom It May Concern:
Attached is a copy of Resolution No. 18 -039 that was adopted by the Boynton Beach City
Commission at their regular meeting on March 6, 2018. This Resolution supports stronger
gun laws.
If there are any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
..
Judith A. Pyle, CMC
City Clerk
Attachment
S: \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2017 \R17 -026 Support for the combined
efforts of the CDD and DO] to curtail Opioids by Physicians.doc
America's Gateway to the Gulfstream
The City o Bo Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: cityclerk @bbfl.us
www.boynton-beach.org
March 8, 2018
President Donald Trump
The White House
1600 Pennsylvannia Avenue, NW
Washtington, DC 20500
Dear Mr. President:
Attached is a copy of Resolution No. 18 -039 that was adopted by the Boynton Beach City
Commission at their regular meeting on March 6, 2018. This Resolution supports stronger
gun laws.
If there are any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
r
Jtidith A. Pyle, CMC"
City Clerk
Attachment
S: \CC \WP\AFTER COMMISSION \Other Transmittal Letters After Commission \2017 \R17 -026 Support for the combined
efforts of the CDD and DOJ to curtail Opioids by Physicians.doc
America's Gateway to the Gulfstream
The City o f Bo B each
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: cityclerk @bbfl.us
www.boynton- beach.org
March 8, 2018
United States Conference of Mayors
1620 First Street
Washington, D.C. 20006
To Whom it May Concern:
Attached is a copy of Resolution No. 18 -039 that was adopted by the Boynton Beach City
Commission at their regular meeting on March 6, 2018. This Resolution supports stronger
gun laws.
If there are any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Jdith A. Pyle, C
City Clerk
Attachment
S: \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2017 \R17 -026 Support for the combined
efforts of the CDD and DOJ to curtail Opioids by Physicians.doc
America's Gateway to the Gutfstream
The City o f Bo B each
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: cityclerk @bbfl.us
www.boynton-beach.org
March 8, 2018
Christine Shaw
Executive Director
Legislative Delegation
301 North Olive Avenue
West Palm Beach, FL 33401
Dear Ms. Shaw
Attached is a copy of Resolution No. 18 -039 that was adopted by the Boynton Beach City
Commission at their regular meeting on March 6, 2018. This Resolution supports stronger
gun laws.
If there are any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Judith A. Pyle, CMC
City Clerk
Attachment
America's Gateway to the Gulfstream