NOW, THEREFORE, BE IT. RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:

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1 1 2 RESOLUTION NO A Resolution of the City of South Miami calling for the Florida Legislature to 4 join other states in prohibiting the sale and possession of rapid fire and high 5 power "assault" weapons. 6 7 WHEREAS, the drafters of the Second Amendment ("Amendment II") to the 8 United States Constitution never envisioned assault weapons when the right to bear anns 9 was first conceived; and WHEREAS, one of the principal goals of the United States Constitution set forth 12 in the preamble to the Constitution, is "to insure domestic Tranquility;" and WHEREAS, the United States Supreme Court has held that longstanding 15 prohibitions and restrictions on firearms possession are consistent with the Second 16 Amendment notwithstanding the fact that the Second Amendment protects an individual's 17 right to possess a firearm, unconnected to service in a militia; and WHEREAS, the United States Supreme Court has further ruled that the Second 20 Amendment does not grant to the citizens of the United States the right to bear all arms 21 and that the states are authorized to limit the type of arms that a citizen is allowed to own. 22 See District of Columbia v. Heller, 554 U.S. 570, 128 S. Ct. 2783, 171 L. Ed. 2d (2008). In Heller, while striking down several statutes in the District of Columbia 24 prohibiting the possession of handguns and requiring lawfully owned firearms to be kept 25 inoperable, the Supreme Court found that the Second Amendment only protects an 26 individual's right to possess firearms, at least for purposes of self-defense in the home. Id. 27 at 576, 636. The court made it clear that it was referring to those weapons "in common 28 use" and that the right did not extend to "those weapons not typically possessed by law- 29 abiding citizens for lawful purposes," [id. at 625, 627] and that "the right [is] not a right to 30 keep and carry any weapon whatsoever in any manner whatsoever and for whatever 31 purpose" Id. at WHEREAS, a ban on the ownership of machine guns has been held to be 34 constitutional. See United States v. One (1) Palmetto State Armory PA-15 Machinegun 35 Receiver/Frame, 2016 U.S. App. LEXIS 9050 (3d Cir. Pa. May 18,2016) WHEREAS, legally acquired assault weapons were used by American citizens to 38 massacre innocent people in Columbine, Aurora, Newtown, San Bernadino, and now in 39 Orlando WHEREAS, an assault weapon was recently used to kill and injure citizens of the 42 City of South Miami; and WHEREAS, the legal possession of assault weapons is a proven threat to law 45 enforcement and to the safety and tranquility of Florida's population as a whole; and WHEREAS, the federal government had an automatic weapons ban in force for 48 te~years until it expired in 2004; and

2 WHEREAS, California, Connecticut, District of Columbia, Hawaii, Maryland, Massachusetts, New Jersey, New York have assault weapon bans in force at this time. NOW, THEREFORE, BE IT. RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City of South Miami, Florida, urges the Florida Legislature to prohibit the sale and possession of assault weapons in the State of Florida. We further request that all other municipalities and counties in Florida join us in letting the voices of sanity and reason be heard and prevail in Tallahassee by prohibiting the possession and sale of all assault weapons. Section 2. The City Clerk is hereby directed to send a copy of this resolution to the municipalities in Miami Dade County, members of the County Commission, the Florida House, the Florida Senate, the Governor, and the Miami-Dade Congressional Delegation. ATTEST: Section 3. CITY CLERK This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this t_h day of, READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY, AND EXECUTION THEREOF: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: Page 2 of2

3 MIAMI-DADE COUNTY JUNE 13,20168:44 PM Orlando gunman's weapon of choice: legal in Florida, banned in New York HIGHLIGHTS..,,"'"'''''' Seven states ban the sale of semi-automatic rifles like the one that Omar Mateen used AR-15 also was covered by the expired federal "assault-weapons ban" Clinton and Trump take opposite stands on gun control after the massacre Ed Henson, owner of the Saint Lucie Shooting Center 01:49 f < 1 of 2 > Weapons purchased at the gun shop were used to massacre 49 people in an Orlando club Sunday morning. The owner said the ATF confirmed the store was in compliance with gun sales law and regulations. The owner spoke to the media on Mon., June 13, Charles Trainor Jr. - ctrainor@miamiherald.com BY DOUGLAS HANKS dhanks@miamiherald.com From a legal standpoint, Omar Mateen bought his deadliest weapon at the right place and the right time. Authorities believe the 29-year-old Florida resident and licensed security guard shot most of his victims with an AR-15, a semiautomatic rifle that he purchased legally in Port St. Lucie earlier in Page 1 of 8

4 the month. New York, California, the District of Columbia and five other states have laws banning the sale of that type of weapon. Eight states and the District of Columbia also prohibit the sale of ammunition magazines that can hold more than 10 bullets - a crucial accessory for the sort of rapid -fire carnage that unfolded early Sunday morning at the Pulse nightclub in downtown Orlando. "It's a minority of states that have these type of laws in place," said Ari Freilich, staff attorney for the Law Center to Prevent Gun Violence in San Francisco. "The evidence is they do help." f -< Seddique Mateen, the father of the Pulse nightclub shooter, says, "I don't forgive him" Seddique Mateen, the father of Pulse nightclub shooter Omar Mateen, speaks with the media from his home on Mon., June 13, 2016 about Sunday's massacre. Lance Dixon - ldixon@miamiherald.com While Florida doesn't have barriers to purchasing the kind of military-style rifle Mateen used, a short-lived federal law regulating that kind of weapon could have complicated his purchase. Enacted in 1994, the so-called "assault weapons ban" targeted the same type of rifle Mateen purchased, and gun-control advocates are using Sunday's massacre as a rallying call to revive the law. ONE OF THE MANY PROBLEMS WITH THE GUN CONTROL IS THAT THE BAD GUYS WILL HAVE THE GUNS. THE GOOD GUYS WON'T. hit p:/ / I Page 2 of 8

5 Donald Trump "Florida's doesn't regulate assault weapons, or 50-caliber rifles, or large-capacity ammunition magazines," presumptive Democratic nominee Hillary Clinton told CNN on Monday morning, rattling off a string of protections she sees lacking in Florida's gun-control laws. "Now, you know, that's a lot of nots. And I believe strongly that common sense gun-safety reform across our country would make a difference." Her Republican rival, Donald Trump, characterized more gun laws as hindering chances of preventing another Orlando massacre, saying armed civilians could have saved lives by shooting back at Mateen. "If you had some guns in that club the night that this took place, if you had guns on the other side, you wouldn't have had the tragedy that you had," Trump said during his own CNN interview. Later, he told radio host Howie Carr: "One of the many problems with the gun control is that the bad guys will have the guns. The good guys won't." A day after Orlando became home to the deadliest mass shooting in the nation's history, Florida's gun-control laws came under national scrutiny amid a larger debate over whether legislation can ever offer much protection against armed assailants. Mateen underwent a federal background check to purchase the AR-15 and a handgun at the St. Lucie Shooting Center, and was cleared for a concealed-weapons permit by state regulators, according to officials and media reports. f -::: Omar Mateen was last seen at his mosque I Page 3 of 8

6 Friday night Islamic Center of Fort Pierce spokesman Adel Nefzi last saw Mateen at the mosque Friday night. Omar Mateen killed 49 people in an Orlando club Sunday moming.. Charles Trainor Jr.. I BELIEVE STRONGLY THAT COMMON SENSE GUN-SAFETY REFORM ACROSS OUR COUNTRY WOULD MAKE A DIFFERENCE Hillary Clinton "He was fingerprinted, he successfully cotr:j.pleted the application, had a criminal background check," Florida Agriculture Commissioner Adam Putnam said Monday. "There is nothing in that record that would have disqualified this individual, who was a u.s. citizen, who had a clean criminal record, who underwent a background check and mental health screening, from receiving those licenses." Some notorious mass shootings have an AR-15 as their common denominator: The rifle was used in the 2012 Sandy Hook elementary school shooting, where 26 children and staff were killed; in last year's San Bernardino shooting, where 14 were killed; and in Aurora, Colorado where 12 were killed. New York enacted its AR-15 ban in the wake of Sandy Hook, though modifications to the rifles can allow sellers to evade the restrictions. Democrats point to stalled federal legislation that would ban the sale of AR-15s nationwide. But experts note loopholes from the last time Washington tried to clamp down on the sale of guns capable of firing dozens of bullets in a minute's time. Gary Kleck, a criminology professor at Florida State University, said the federal ban, which expired in 2004, would not have made much of a difference in Mateen's gun-shopping choices. Page 4 of 8

7 f < Victims remembered at makeshift memorial A memorial on the lawn of the Seneff Art Plaza in downtown Orlando was growing throughout the day on Monday, June 13, 2016, as people came to pay their respects to the victims of the Pulse nightclub shooting. Emily Michot. - emichot@miamiherald.com ''Although the AR-15 itself was banned, the shooter still would have been able to buy an AR-1S-type rifle," Kleck wrote in an , "since copy-cat versions of the AR-15 continued to be available for sale as long as they were not identical to the AR-15." As a semi-automatic rifle, the AR-15 fires one bullet with every pull of the trigger - a process that typically means 45 rounds of ammunition per minute. Mateen's rampage has been blamed on 49 shooting deaths and roughly as many wounded victims, though the circumstances of the killings have not been fully explained by law-enforcement authorities. Florida requires a three-day waiting period for purchasing handguns, but not for so-called "long guns" like the AR-15 and other rifles. State law also requires permits to conceal handguns, but permits aren't needed for rifles like an AR-15. "We have consistently ranked Florida at or near the very bottom in terms of how easy it is for a dangerous person to gain access to a firearm," said Brian Maite, national policy director for the Brady Campaign and Center to Prevent Gun Violence. "The threshold for permits is very low." Miami Herald staff writer Amy Sherman contributed to this report. This post was updated to change the AR-1S's rate offire from rounds per second to rounds per minute) which is the more typical way to describe the weapon) Page 5 of 8