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Gun lock rule OK'd
S. Miami officials applaud new law
BY EUNICE PONCE
eponce@herald.com
Hoping to keep kids away from guns, the city of South Miami on Tuesday passed an ordinance that would require locks on firearms stored within city limits.
The City Commission voted 5-0 to adopt the rule, which goes into effect immediately.
Sponsored by Commissioners Mary Scott Russell and David Bethel and authored by City Attorney Earl Gallop, the new law aims to stop shootings that happen when children find unlocked guns in their homes -- or the homes of others.
It would apply to any of the city's 10,500 residents who own guns, but would not apply to police officers or other law enforcement officials who must carry weapons as part of their jobs.
Gun safety for children has been a major issue in Miami-Dade County, where several children have been killed or wounded in recent months in gun accidents at home or during crimes. Mayor Alex Penelas said the county would give preference to firearms made by Smith & Wesson after that gun maker said it would install locks on all its guns. That stance, which several municipalities have taken, drew a lawsuit from other gun makers.
Penelas applauded the ordinance Tuesday night.
``I commend them for their courageous stand,'' he said. ``Guns are killing our children in this country.''
The ordinance does have some other exceptions. It would not apply if the gun owner is nearby or in a place where he or she can prevent children from using it.
A homeowner, for example, could remove the gun lock before he goes to bed and place the unlocked gun in his nightstand drawer for protection.
However, if the gun is left in the drawer, unsecured, while the owner is away and there are children around, the gun owner would be charged a $250 fine on first offense and a $500 fine after that.
``If they have kids around, they have to put the trigger lock back on before they go to work,'' Gallop said. ``We're dealing with storage in a way that doesn't impede with the ability of anybody to own or have a firearm in the house.''
South Miami Mayor Julio Robaina said the city wanted to establish a model that could be followed by other cities.
``We're taking a stand, but I don't think we supersede state law,'' Robaina said. ``What we're trying to do is support the safety gun lock issue, but we went one step further.''
Only one resident spoke against the ordinance. David Tucker, 81, called the rule ``the first step of aggression'' toward the right to bear arms. He also challenged police to enforce the new law.
``How will you find out if I didn't put your divine lock on my weapon?'' he asked.
Police officials said they would not ``bang on doors'' to ensure residents complied with the ordinance, but would instead focus on raising awareness that gun locks are needed in the city.
On the issue of municipal vs. state authority, the ordinance cites the Joe Carlucci Uniform Firearms Act, which was passed in 1987 and was considered to make gun laws a state matter.
The act gives the state authority over ``the whole field of regulation of firearms . . . including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation [of weapons] to the exclusion of all existing and future . . . municipal ordinances and regulations relating thereto.''
``But it was noticeably silent about storage of weapons,'' Gallop said. ``It was really aiming at prohibiting local government from interfering with the rights of people to bear arms.''
The city is planning to host a gun-lock giveaway day in cooperation with businesses that sell gun locks, to get the word out to residents. The city also plans to accept guns that owners no longer use.
Robaina said other gun control strategies are under consideration.
``What we may do, for instance, is reward the gun companies that are throwing [the locks] in -- maybe we should only buy guns from those manufacturers that offer the locks. If all cities did that, then that may send a message. It could save the lives of hundreds and hundreds of kids.''
Herald staff writer Karl Ross contributed to this report
Gun lock rule OK'd
S. Miami officials applaud new law
BY EUNICE PONCE
eponce@herald.com
Hoping to keep kids away from guns, the city of South Miami on Tuesday passed an ordinance that would require locks on firearms stored within city limits.
The City Commission voted 5-0 to adopt the rule, which goes into effect immediately.
Sponsored by Commissioners Mary Scott Russell and David Bethel and authored by City Attorney Earl Gallop, the new law aims to stop shootings that happen when children find unlocked guns in their homes -- or the homes of others.
It would apply to any of the city's 10,500 residents who own guns, but would not apply to police officers or other law enforcement officials who must carry weapons as part of their jobs.
Gun safety for children has been a major issue in Miami-Dade County, where several children have been killed or wounded in recent months in gun accidents at home or during crimes. Mayor Alex Penelas said the county would give preference to firearms made by Smith & Wesson after that gun maker said it would install locks on all its guns. That stance, which several municipalities have taken, drew a lawsuit from other gun makers.
Penelas applauded the ordinance Tuesday night.
``I commend them for their courageous stand,'' he said. ``Guns are killing our children in this country.''
The ordinance does have some other exceptions. It would not apply if the gun owner is nearby or in a place where he or she can prevent children from using it.
A homeowner, for example, could remove the gun lock before he goes to bed and place the unlocked gun in his nightstand drawer for protection.
However, if the gun is left in the drawer, unsecured, while the owner is away and there are children around, the gun owner would be charged a $250 fine on first offense and a $500 fine after that.
``If they have kids around, they have to put the trigger lock back on before they go to work,'' Gallop said. ``We're dealing with storage in a way that doesn't impede with the ability of anybody to own or have a firearm in the house.''
South Miami Mayor Julio Robaina said the city wanted to establish a model that could be followed by other cities.
``We're taking a stand, but I don't think we supersede state law,'' Robaina said. ``What we're trying to do is support the safety gun lock issue, but we went one step further.''
Only one resident spoke against the ordinance. David Tucker, 81, called the rule ``the first step of aggression'' toward the right to bear arms. He also challenged police to enforce the new law.
``How will you find out if I didn't put your divine lock on my weapon?'' he asked.
Police officials said they would not ``bang on doors'' to ensure residents complied with the ordinance, but would instead focus on raising awareness that gun locks are needed in the city.
On the issue of municipal vs. state authority, the ordinance cites the Joe Carlucci Uniform Firearms Act, which was passed in 1987 and was considered to make gun laws a state matter.
The act gives the state authority over ``the whole field of regulation of firearms . . . including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation [of weapons] to the exclusion of all existing and future . . . municipal ordinances and regulations relating thereto.''
``But it was noticeably silent about storage of weapons,'' Gallop said. ``It was really aiming at prohibiting local government from interfering with the rights of people to bear arms.''
The city is planning to host a gun-lock giveaway day in cooperation with businesses that sell gun locks, to get the word out to residents. The city also plans to accept guns that owners no longer use.
Robaina said other gun control strategies are under consideration.
``What we may do, for instance, is reward the gun companies that are throwing [the locks] in -- maybe we should only buy guns from those manufacturers that offer the locks. If all cities did that, then that may send a message. It could save the lives of hundreds and hundreds of kids.''
Herald staff writer Karl Ross contributed to this report
