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HomeMy WebLinkAboutResolutions - 2018.08.09 - 23727REPORT August 9, 2018 BY: Commissioner Christine Long, Chairperson, General Government Committee IN RE: MR #18278 — BOARD OF COMMISSIONERS — SUPPORT OF MICHIGAN LEGISLATIVE REFORM — RAISING THE PENALTY FOR INCIDENTS INVOLVING A STOLEN OR UNREGISTERED FIREARM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on July 30, 2018, reports with the recommendation that the resolution be adopted with the following amendments: MISCELLANEOUS RESOLUTION #18278 BY: Commissioner Nancy Quarles, District #17; Commissioner Bill Dwyer, District #14 IN RE: BOARD OF COMMISSIONERS — SUPPORT OF MICHIGAN LEGISLATIVE REFORM — RAISING THE PENALTY FOR INCIDENTS INVOLVING A STOLEN OR UNREGISTERED FIREARM HANDGUN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS stolen firearms pose a significant risk to community safety, whether stolen from a gun store or an individual gun owner's collection, these firearms often head straight into the illegal underground gun market, where they are sold, traded and used to facilitate violent crimes; and WHEREAS Oakland County leaders and law enforcement officials continue to strive for an increased public awareness on gun violence prevention and illegal gun trafficking; and WHEREAS a 2016 survey by the Johns Hopkins Bloomberg School of Public Health has found that 54% of American gun-owners did not store their firearms safely; and WHEREAS research done by Harvard and Northeastern Universities have found that between 300,000 and 600,000 privately owned firearms are stolen in America every year; and WHEREAS at the high end, that's more than 1,600 guns stolen every day or more than one every minute, that's enough firearms to provide a weapon for every instance of gun violence in the country each year — several times over; and WHEREAS the Bureau of Alcohol, Tobacco, Firearms and Explosives stated, in a 2012 report, that lost and stolen guns posed a "substantial threat" to public safety and to law enforcement. The report further states, "Those that steal firearms commit violent crimes with stolen guns, transfer stolen firearms to others who commit crimes, and create an unregulated secondary market for firearms,"; and WHEREAS current Michigan Law, Public Act 328 of 1931, MCL 750.227b, sets the penalty for a person carrying or possessing a firearm when committing or attempting to commit a felony punishable by imprisonment for up to 2 years on the first conviction; and WHEREAS the Oakland County Sheriff is in favor of raising the penalty for felony firearms charges for those incidents involving a stolen or unregistered-firearm handgun from 2 years to 3 years on the first conviction; and WHEREAS the Oakland County Board of Commissioners, upon the recommendation from the Oakland County Sheriff, supports amending The Michigan Penal Code, Public Act 328 of 1931, MCL 750.227b, by increasing the penalty for punishment by imprisonment of those individuals who violate the law by increasing the sentence guidelines from 2 years to 3 years; and WHEREAS raising the penalty for a felony firearms charge from 2 to 3 years for incidents involving a stolen or unregistered-firearm handgun is a legislative reform that will provide greater safety to our communities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declares a call to action upon the Michigan legislature to amend Public Act 328 of 1931, MCL 750.227b, important public safety legislation by increasing the penalty on first convictions for incidents involving a firearm from 2 years to 3 years and adding language for the same penalty subject to stolen or unregistered-firearms handguns. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Governor of the State of Michigan, the Lt. Governor of the State of Michigan, the Oakland County members of the Michigan congressional delegation, the members of the Oakland County delegation to the Michigan Legislature, and the members of the Michigan House Judiciary Committee. Chairperson, I move the adoption of the foregoing resolution. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. Comrrlisaf6ner Christine Long, Di in #7 Chairperson, General Governme Committee GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Gershenson absent. Motion for direct referral to the Public Services Committee carried on a voice vote with Gershenson absent. REPORT August 9, 2018 BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee IN RE: MR #18278 - BOARD OF COMMISSIONERS — SUPPORT OF MICHIGAN LEGISLATIVE REFORM — RAISING THE PENALTY FOR INCIDENTS INVOLVING A STOLEN OR UNREGISTERED FIREARM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above referenced resolution on July 31, 2018, reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with Spisz and Tietz absent. MISCELLANEOUS RESOLUTION #18278 • %, BY: Commissioner Nancy Quarles, District #17 ely ,se, 6 "6. of ' /4/ D rigft/ IN RE: BOARD OF COMMISSIONERS — SUPPORT OF MICHIGAN LEGISLATIVE REFORM — RAISING THE PENALTY FOR INCIDENTS INVOLVING A STOLEN OR UNREGISTERED FIREARM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS stolen firearms pose a significant risk to community safety, whether stolen from a gun store or an individual gun owner's collection, these firearms often head straight into the illegal underground gun market, where they are sold, traded and used to facilitate violent crimes; and WHEREAS Oakland County leaders and law enforcement officials continue to strive for an increased public awareness on gun violence prevention and illegal gun trafficking; and WHEREAS a 2016 survey by the Johns Hopkins Bloomberg School of Public Health has found that 54% of American gun-owners did not store their firearms safely; and WHEREAS research done by Harvard and Northeastern Universities have found that between 300,000 and 600,000 privately owned firearms are stolen in America every year; and WHEREAS at the high end, that's more than 1,600 guns stolen every day or more than one every minute, that's enough firearms to provide a weapon for every instance of gun violence in the country each year — several times over; and WHEREAS the Bureau of Alcohol, Tobacco, Firearms and Explosives stated, in a 2012 report, that lost and stolen guns posed a "substantial threat" to public safety and to law enforcement. The report further states, "Those that steal firearms commit violent crimes with stolen guns, transfer stolen firearms to others who commit crimes, and create an unregulated secondary market for firearms,"; and WHEREAS current Michigan Law, Public Act 328 of 1931, MCL 750.227b, sets the penalty for a person carrying or possessing a firearm when committing or attempting to commit a felony punishable by imprisonment for up to 2 years on the first conviction; and WHEREAS the Oakland County Sheriff is in favor of raising the penalty for felony firearms charges for those incidents involving a stolen or unregistered firearm from 2 years to 3 years on the first conviction; and WHEREAS the Oakland County Board of Commissioners, upon the recommendation from the Oakland County Sheriff, supports amending The Michigan Penal Code, Public Act 328 of 1931, MCL 750.227b, by increasing the penalty for punishment by imprisonment of those individuals who violate the law by increasing the sentence guidelines from 2 years to 3 years; and WHEREAS raising the penalty for a felony firearms charge from 2 to 3 years for incidents involving a stolen or unregistered firearm is a legislative reform that will provide greater safety to our communities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declares a call to action upon the Michigan legislature to amend Public Act 328 of 1931, MCL 750.227b, important public safety legislation by increasing the penalty on first convictions for incidents involving a firearm from 2 years to 3 years and adding language for the same penalty subject to stolen or unregistered firearms. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Governor of the State of Michigan, the Lt. Governor of the State of Michigan, the Oakland County members of the Michigan congressional delegation, the members of the Oakland County delegation to the Michigan Legislature, and the members of the Michigan House Judiciary Committee. Chairperson, I move the adoption of the foregoing Resolution. Coffimissioner NA-nov Quarles District #17 Commissioner District # /6i) Commissioner District # 19 Commissioner District # Commissioner District # Commissioner District # Commissioner District #10 Commissioner District # 12- Comliissilbner District # s- immAsioner District # cc; Comm issione'r District* Vs- MLI) 441 Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner District Commissioner District* (0 Commissioner District* 46. Commissioner District Commissio District # Commissioner District it Commissioner District* -4 Commistioner c /1 Li Pc- .13 ( S.,-(,) v ADDITIONAL CO-SPONSORS FOR MR# cb Commissioner District I VI Commissioner District # 1,4„. Commissioner / -- District* 7( Commissioner Commissioner District # District* Commissioner Commissioner District # District* Resolution #18278 July 19., 2018 The Chairperson referred the resolution to the General Government Committee. There were no objections. ,5D,ed Resolution #18278 August 9, 2018 Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) be adopted with accompanying reports being accepted. AYES: Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, Kowall , Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPROVe tHIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 9, 2018, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 9th day of August, 2018. ee Lisa Brown, Oakland County