CITY OF NORTH LAUDERDALE RESOLUTION NO.

Transcription

1 CITY OF NORTH LAUDERDALE RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, URGING THE FEDERAL GOVERNMENT TO TAKE APPROPRIATE ACTION TO HELP REDUCE GUN VIOLENCE IN AMERICA; EMBRACING THE SECOND AMENDMENT OF THE UNITED STATES CONSTITUTION; URGING THE FEDERAL GOVERNMENT TO ENSURE THAT ITS EXISTING DATABASE OF GUN OWNERS IS CURRENT; AND SUPPORTING AND PROMOTING MENTAL HEALTH AWARENESS; URGING THE FLORIDA LEGISLATURE TO REPEAL CERTAIN SECTIONS OF FLORIDA STATUTES THAT PREVENT LOCAL GOVERNMENTS FROM EXERCISING THEIR HOME RULE AUTHORITY TO REGULATE AND/OR PROHIBIT FIREARMS IN PUBLIC PARKS AND OTHER LOCAL GOVERNMENT OWNED FACILITIES AND PROPERTIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE PRESIDENT OF THE UNITED STATES, THE BROWARD LEGISLATIVE DELEGATION, THE BOARD OF COUNTY COMMISSIONERS FOR BROWARD COUNTY, THE FLORIDA LEAGUE OF CITIES, THE BROWARD COUNTY LEAGUE OF CITIES, EACH MUNICIPALITY IN BROWARD COUNTY, AND ALL MEMBERS OF THE STATE OF FLORIDA S CONGRESSIONAL DELEGATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the National Instant Criminal Background Check System (NICS) is an effective tool to keep guns out of the hands of criminals and other dangerous individuals, and this system has blocked 1.9 million illegal gun purchases and permit applications in the past two decades; and 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 Page 1 of 5

2 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 NICS database; 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 6.5 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, the City of North Lauderdale (the City ) is a strong advocate for commonsense policies that keep guns out of dangerous hands while embracing the Second Amendment to the United States Constitution, and respecting the rights of law-abiding gun owners; and WHEREAS, the City strongly believes that Congress and state governments should take action to close deadly gaps in the NICS; and WHEREAS, the City of North Lauderdale supports mental health awareness and encourages improved access to mental health resources; 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 Page 2 of 5

3 WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution and Section , Florida Statutes, municipalities have been granted broad home rule powers to enable them to conduct municipal government, perform municipal functions, render municipal services, and exercise any power for municipal purposes, except as otherwise provided by law; and WHEREAS, Section , Florida Statutes was amended in 2011 to preempt local governments from enacting or enforcing ordinances, regulations or rules relating to firearms, and imposes penalties for any person or entity violating the Legislature s preemption; and WHEREAS, this country recently suffered another mass shooting, in Newtown, Connecticut, where an overwhelming number of innocent young children were shot and killed in their elementary school; and WHEREAS, tragic mass shootings such as those in Newtown Connecticut; Aurora, Colorado; Oak Creek, Wisconsin; and Tuscon, Arizona, raise awareness to risks that may affect the safe use and enjoyment of public parks and other local government owned facilities and property, many of which attract large groups of young children and the public; and WHEREAS, in light of the recent mass shootings, and the current preemption of local government authority to regulate and/or prohibit firearms in public parks and other local government owned facilities and property, the City of North Lauderdale urges the Florida Legislature to repeal portions of Section , Florida Statutes, which prevent local governments from exercising their home rule authority to regulate and/or prohibit firearms in public parks and other local government owned facilities and property; and WHEREAS, the City Commission finds that maintaining a current federal database of gun owners, promoting mental health awareness, encouraging sensible handgun regulations Page 3 of 5

4 while embracing the Second Amendment, and the repeal of portions of Section , Florida Statutes, is in the best interests of the citizens and residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. Section 2. The City of North Lauderdale hereby urges the Federal government to take appropriate action to reduce gun violence in America. Section 3. The City of North Lauderdale supports and promotes mental health awareness and encourages improved access to mental health resources. Section 4. The City of North Lauderdale calls on both President Obama and the U.S. Congress to establish concrete reforms to reduce gun violence nationwide and help prevent future mass shootings. Section 5. The City of North Lauderdale embraces the Second Amendment of the United States Constitution, and supports the rights of law-abiding gun owners. Section 6. The City of North Lauderdale hereby urges the Florida Legislature to repeal portions of Section , Florida Statutes, to the extent necessary to permit local governments to exercise their home rule authority to regulate and/or prohibit firearms in public parks and other local government owned facilities. Section 7. The City Clerk is hereby directed to transmit a copy of this resolution to the President of the United States, the Broward Legislative Delegation, the Board of County Commissioners for Broward County, the Florida League of Cities, the Broward County League of Page 4 of 5

5 Cities, each municipality in Broward County, and all members of the State of Florida s Congressional Delegation. Section 8. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 9. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 10. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, THIS DAY OF, MAYOR JACK BRADY ATTEST: PATRICIA VANCHERI, City Clerk VICE MAYOR RICH MOYLE APPROVED AS TO LEGAL FORM BY CITY ATTORNEY: SAMUEL S. GOREN, ESQUIRE Page 5 of 5