City Commission passes on gun control resolution

A divided audience represented both sides of the national gun control debate at City Hall Monday, as the City Commission considered a resolution advocating for restricted access to high-capacity weapons in the wake of the Pulse shooting in Orlando.

The board ultimately voted against taking any action — not because it was swayed by the numerous pro-gun advocates who spoke at the meeting, but because it feared the potential of a lawsuit if the resolution were adopted.

City Manager Tom Barwin placed the gun control resolution on Monday’s commission agenda. City Attorney Robert Fournier said a state statute, which preempts Florida cities from taking any action to regulate guns, could leave the city open to legal action if the resolution were passed.

He acknowledged the language is murky — one portion of the statute talks about restricting the city's ability to approve specific regulations, but another portion uses vaguer terms such as “measures.” Ultimately, Fournier advised the commission against taking any action on the agenda item.

“I think there is a risk involved,” Fournier said. “I don’t know why you would want to take it under the circumstances.”

Both Barwin and the City Commission indicated their displeasure with that interpretation of the state regulations, but the board ultimately deferred to Fournier’s judgment, voting 4-1 against adopting the resolution.

“This is our collective cry for help as elected officials,” Vice Mayor Shelli Freeland Eddie said. “This statute has tied the hands of this body to take action and not put the city at risk. This statute has prevented us from speaking out on behalf of residents that want to see safer communities.”

Despite the city attorney’s cautionary message, Commissioner Suzanne Atwell voted to move forward with the resolution.

“How can we do nothing?” Atwell said. “I understand, and for the most part — not always — I adhere to our attorney’s advice. But I’m tired of being held hostage to a lot of this.”

The board directed Fournier to seek a state attorney general’s opinion, clarifying whether the city was actually precluded from passing a resolution advocating for stronger gun control.