M E M O R A N D U M
To: Honorable Mayor and Members of the Town Council
From: Council Member Robert "BJ" Duncan, Seat 1
Date: November 20, 2019
Re: Authorizing Brief at Florida Supreme Court Supporting Placement on
Ballot of Initiative on Assault Weapon Ban
REQUEST
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A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF CUTLER BAY, FLORIDA, AUTHORIZING AND DIRECTING THE TOWN TO JOIN IN THE FILING OF A BRIEF AT THE FLORIDA SUPREME COURT SUPPORTING THE PLACEMENT ON THE BALLOT OF THE INITIATIVE PETITION ENTITLED "PROHIBITS POSSESSION OF DEFINED ASSAULT WEAPONS"; URGING LOCAL GOVERNMENT SUPPORT OF THE BRIEF; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
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BACKGROUND AND ANALYSIS
The sponsoring political committee Ban Assault Weapons NOW has proposed an amendment to the Constitution of the State of Florida that would prohibit the possession of semiautomatic rifles and shotguns capable of holding more than ten rounds of ammunition at once, either in fixed or detachable magazine, with certain exceptions ("Proposed Constitutional Amendment"). On June 26, 2019, the Attorney General of the State of Florida requested an advisory opinion from the Florida Supreme Court as to the validity of the initiative petition.
I respectfully disagree with the Attorney General, and believe that the title and summary do inform the voters of the chief purpose of the Proposed Constitutional Amendment is not misleading. In addition, I support the placement of the Proposed Constitutional Amendment on a ballot so that the citizens of Florida have the opportunity to vote for or against the Proposed Constitutional Amendment, but do not take any position as to whether the Proposed Constitutional Amendment should be adopted.
On July 29, 2019, the Florida Supreme Court opened Case No. SC19-1266 in response to the Attorney General's request for advisory opinion. Each local government who joins in filing the brief will pay their respective ...
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