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R18-0392 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 (00218442.1 306-9001821) Page 1 of 14 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 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 (00218442.1 306-90018211 Page 2 of 14 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 "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 {00218442.1 306-9001821} Page 3 of 14 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 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 {00218442.1 306-9001821} Page 4 of 14 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 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. Page 5of14 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 • 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 {00218442.1 306-9001821} Page 6 of 14 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 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 {00218442.1 306-9001821) Page 7 of 14 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 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. Page 8of14 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 • 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: (00218442.1 306-90018211 Page 9 of 14 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 • 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) Page 10 of 14 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 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) Page 11 of 14 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 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 14 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 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 14 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 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