title
Resolution authorizing intervention into a lawsuit challenging portions of the State Statute preempting municipal rules or regulation of firearms and ammunition. (B)
RESOLUTION NO. 171005
A Resolution of the City Commission of the City of Gainesville, Florida, authorizing and directing the intervention into a lawsuit seeking a Declaration that the provisions punishing elected officials set forth in Section 790.33, Florida Statutes, for violating the preemption related to the regulation of firearms and ammunition are invalid and seeking a Declaration that the application of the general preemption to any rules relating to firearms and ammunition that a municipality may desire to enforce on municipally owned property is invalid and unconstitutional; authorizing the retention of outside legal counsel; inviting other cities to join the lawsuit; directing the Clerk to distribute this Resolution to all cities in Alachua County; authorizing City officials to carry out this Resolution and providing for an effective date.
explanation
At the March 1st City Commission meeting, Commissioner Harvey Ward placed an item on the agenda titled Discussion of Potential Resolution Regarding Firearms. After much discussion regarding the state preemption of local firearms regulation and the onerous personal penalties imposed on municipal officials who violate that preemption, a motion was made and seconded to direct the City Attorney to draft an ordinance banning assault rifles, high capacity gun magazines and bump stocks. That motion failed by a vote of 2-5, as the City Attorney advised she could not draft an ordinance that was clearly unlawful and City Commissioners were concerned about the onerous personal penalties they could face for taking such action. A subsequent motion was then made and approved by a vote of 7-0 to: 1) authorize the Mayor to draft a letter requesting the County to enact a five-day waiting period and require background checks for all gun sales in ...
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