A county-wide ordinance proposed by Miami-Dade Mayor Alex Penelas, which calls for all firearms to be equipped with locks, went before County Commissioners and garnered the support of eight of the thirteen commissioners.

Voting in favor of the gun safety ordinance were Miriam Alonso, Bruno Barreiro, Barbara Carey-Shuler, Gwen Margolis, Jimmy Morales, Pedro Reboredo, Dorrin Rolle and Katy Sorenson. Voting against were Miguel Diaz de la Portilla, Betty Ferguson, Natacha Millan, Dennis Moss and Javier Souto.

In spite of the news that the National Rifle Association had filed suit against the City of South Miami in an attempt to block enforcement of a similar ordinance approved by that city's lawmakers last month, county leaders announced their plan at a press conference, vowing to "ensure that not one more child dies by gunfire in our community."

The Child Access Prevention Ordinance, as it was labeled, was prompted by several incidents in Florida and across the country where children accessed guns and did harm to themselves or others, Penelas said.

"We believe that with every law abiding adult's right to own a firearm comes the equally important responsibility to keep them locked safely and securely away from our children," Penelas said. "It's much easier to childproof your gun than it is to bulletproof your child."

Penelas said the ordinance specifically seeks to tighten a loophole in the existing state law, which mandates that firearms be secured when not under the immediate control of an adult, in a location that is reasonably secure.

This language, Penelas charges, is too vague, subject to interpretation and makes it difficult to prosecute offenders.

"In other words, this language tells a jury that a gun stored in a dresser drawer or hidden in a closet is reasonably secure," said Penelas. "And, as we've seen in too many tragic instances, a closet or dresser drawer does not prevent a child from accessing a firearm."

The proposed ordinance requires that any person who stores or leaves a firearm in a place where they know a minor could possibly gain access must secure that firearm with a locking device, such as a trigger lock or lockbox.

State Attorney Katherine Fernandez-Rundle echoed Penelas' sentiments, saying the law, as it exists, is far too subjective.

"There are basically two standards by which these cases are judged," she said. "One is reasonableness and the other is culpable negligence. The problem is, what you think is reasonable may not be what I see as reasonable. What you think is negligent may not be negligent in the eyes of someone else. Very few of these cases ever get to a jury for those reasons. Very few of them are actually even charged."

Dr. Barbara Carey-Shuler, who has conducted numerous gun-related studies, weighed in with some alarming local statistics.

"Seventy-two percent of guns confiscated from Florida students came from home," she said. "In a study I conducted on gun storage practices, only 41 percent of gun owners check their weapon daily. And, 95 percent of these are concealed-weapon permit carriers.

"Seventeen percent of gun owners had no idea where their gun actually was located in their home," she continued. "But, 22 percent of children surveyed knew where the gun was. And, 12 percent of them had touched or played with the gun. Many adults I talk with claim there are no children in their homes, but they forget their grandchildren and the children of other family members who visit."

The NRA lawsuit against the city of South Miami, filed by South Miami resident and NRA member David Tucker, Sr., alleges that by passing the gunlock ordinance the city is ignoring a 1987 state law that gives the state legislature exclusive authority over firearms and ammunition.

Tucker, 81, a former history teacher and journalist, called the gunlock ordinance unconstitutional.

"The second amendment to the constitution, which says the right of a citizen to bear arms shall not be infringed, does not stand by itself for interpretation," he said. "Thomas Jefferson made several other statements which clearly show that his absolute intention was that a citizen's right to bear arms should never be abridged or infringed upon."

Moreover, Tucker said, the ordinance is unenforceable because it would require lawmen to enter a private residence or establishment, which would constitute a violation of the citizen's fourth amendment rights.

"It cannot be enforced and they realize that," he continued. "How are you going to determine whose house is to be inspected in order to find out whether they are complying with this law that you have just passed? This is impossible to enforce because to do so would be a violation of the fourth amendment."