ITEM R3

OFFICE OF THE CITY MANAGER

(910) 341-7810 | FAX (910)341-5839
TDD (910)341-7873

7/17/2018

City Council
City Hall
Wilmington, North Carolina 28401

Dear Mayor and Councilmembers:

The attached resolution has been authored and placed on the agenda for consideration by
Councilmember O'Grady, who will introduce the item for consideration. This resolution asks the
General Assembly and the Governor to consider legislation that would prohibit those deemed an
extreme threat to themselves or others ("Red Flag"), from being able to purchase a weapon and that
purchased weapons be appropriately protected. These measures may help make our communities
safer.

Respectfully submitted,

Sterling B. Cheatham,
City Manager

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 City Council
Resolution City of Wilmington
North Carolina

Introduced By: Councilmember Kevin O’Grady Date: 7/17/2018

Resolution Supporting the Enactment for "Red Flag" Legislation in North Carolina

LEGISLATIVE INTENT/PURPOSE:

WHEREAS, recent senseless tragedies in Las Vegas, NV, Sutherland Springs, TX, Parkland, FL,
and Santa Fe, TX have deeply shaken our community and the nation, these horrific acts, and
many others, have brought the issues of public safety and gun violence to the forefront of our
attention; and

WHEREAS, an independent data collection and research group, Gun Violence Archive, has
compiled incidents of gun violence and gun crime nationally and found that 346 instances of
Mass Shootings had occurred in 2017 and 383 in 2016; and

WHEREAS, developing practical, effective, and legally sustainable policies to separate firearms
from people at risk of violence or suicide represents an important, but challenging public health
opportunity for gun violence prevention while ensuring protection of Second Amendment
rights; and

WHEREAS, eleven states have already passed “Red Flag” laws to provide for the issuance of
protective orders prohibiting, considered to be a risk to themselves or others from possessing or
purchasing firearms and ordering the securing of a restrained individual's firearms; and

WHEREAS, “red flag” legislation authorizes extreme risk protection orders to address a critical
public safety problem by empowering certain individuals, including relatives, and law
enforcement with the ability to seek immediate, preventive relief from the judiciary to keep
deadly weapons out of the hands of individuals who pose a clear and present risk of harm to
themselves or others; and

WHEREAS, now, more than ever, citizens are demanding leadership from elected leaders at all
levels of government on the critical issue of preventing gun violence and ensuring the safety of
our children; and

WHEREAS, the NC Sheriff's Association supports the concept of extreme violence protective
orders; and

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WHEREAS, while the concept of “red flag” legislation is rapidly gaining momentum
throughout the nation, it is critical that legislators take adequate time to carefully craft this
legislation to ensure that the rights of all parties are respected and that this new tool can be
effectively utilized by to enhance public safety.

THEREFORE BE IT RESOLVED:

THAT, the Wilmington City Council hereby declares their support of appropriate “Red Flag”
legislation in North Carolina and urges the legislature to take up the issue of extreme protection
order or “red flag” legislation and encourages members of the North Carolina
Legislature to carefully consider the following issues as they move forward with their
deliberations: the rights of all parties, including due process under the law; create provisions to
ensure individuals in need of mental health treatment receive appropriate care; strengthen
provisions to allow law enforcement to intervene and assist troubled individuals prior to
tragedies occurring; create safeguards to ensure this tool is not used as a retaliatory tactic; and
learning from the most effective statutes in the nation to create an effective tool for law
enforcement and families.

BE IT FURTHER RESOLVED that, the City Manager of the City of Wilmington is directed to
forward copies of this adopted resolution to the Governor of the State of North Carolina and to
each of the member of Wilmington's Legislative Delegation.

Adopted at a ________________ meeting

Bill Saffo, Mayor
on ____________________ 2018

ATTEST: APPROVED AS TO FORM:

Penelope Spicer-Sidbury, City Clerk City Attorney

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