Re: HB 387 story in NO Times-Picayune

[Sniper56]

The story below is in the New Orleans Times-Picayune. I did not know the Bill in question would ban automatic weapons. I sent the writer an e-mail but doubt it will re-educate him.



House panel kills bill to ban automatic weapons
by Ed Anderson,The Times-Picayune
Tuesday May 19, 2009, 12:17 PM
BATON ROUGE -- Legislation designed to impose a statewide ban on automatic weapons was killed 10-2 by the House Committee on the Administration of Criminal Justice today.

House Bill 387 by Rep. Cedric Richmond, D-New Orleans, is dead for the session unless he can amend it on to another bill or get the full House to order the panel send it the bill.

Richmond said his fallback position will be to ask the New Orleans City Council to adopt a local ban on automatic weapons.

Richmond said under recent court rulings, cities can enact their own ban on the automatic weapons that he called "tools of mayhem.''

The bill originally sought to ban all automatic weapons as of Jan. 1 or require those who have them to register with the state. Before it was killed, Richmond tried to salvage it by amending the measure to make it applicable just to AK-47s, which he said give the New Orleans Police Department and the Jefferson Parish Sheriff's Office problems.

"I am going after one gun,'' he said. "I don't want to infringe on the Second Amendment'' right to bear arms, he said.

NOPD Deputy Superintendent Bruce Adams testified that the guns Richmond wants to ban are "killing machines designed for killing human beings," not for sport use.

Lobbyists for the guns-rights organization, the National Rifle Association, testified that if the bill passes, the state will be embarking on "a slippery slope'' of which weapons people can own and which ones are banned.

Ed Anderson can be reached at eanderson@timespicayune.com or 225.342.5810.

 

[MALIBU12]

The Times-Picayune =

 

[jhh]

The author of the T-P article re-worded it quite some time after it had been posted. Here's the new version:

House panel kills bill to ban semi-automatic weapons
by Ed Anderson,The Times-Picayune
Tuesday May 19, 2009, 12:17 PM

BATON ROUGE -- Legislation designed to impose a statewide ban on semi-automatic weapons was killed 10-2 by the House Committee on the Administration of Criminal Justice today.

House Bill 387 by Rep. Cedric Richmond, D-New Orleans, is dead for the session unless he can amend it on to another bill or get the full House to order the panel send it the bill.

Richmond said his fallback position will be to ask the New Orleans City Council to adopt a local ban on automatic weapons.

Richmond said under recent court rulings, cities can enact their own ban on the automatic weapons that he called "tools of mayhem.''

The bill originally sought to ban all automatic weapons as of Jan. 1 or require those who have them to register with the state. Before it was killed, Richmond tried to salvage it by amending the measure to make it applicable just to AK-47s, which he said give the New Orleans Police Department and the Jefferson Parish Sheriff's Office problems.

"I am going after one gun,'' he said. "I don't want to infringe on the Second Amendment'' right to bear arms, he said.

NOPD Deputy Superintendent Bruce Adams testified that the guns Richmond wants to ban are "killing machines designed for killing human beings," not for sport use.

Lobbyists for the guns-rights organization, the National Rifle Association, testified that if the bill passes, the state will be embarking on "a slippery slope'' of which weapons people can own and which ones are banned.

Ed Anderson can be reached at eanderson@timespicayune.com or 225.342.5810.

 

[flamatrix99]

I thought the State of Louisiana reserved the right (or something like that) to enact gun control legislation. Meaning only the state can pass gun control no local communities. I asking because I am not sure.

 

[dzelenka]

I am on it too:

Mr. Anderson,

I just read your article and would like to point out some things with which I have issues. First, the bill involved semi automatic firearms. With a semi automatic firearm, whether military style or your basic duck hunting shotgun, each pull of the trigger fires a single shot. You must release the trigger in order to reset it for each shot. An automatic weapon is one where each pull of the trigger fires multiple shots. With an automatic weapon, you can pull the trigger once and the firearm will continue to fire until you release the trigger. While heavily regulated and expensive, automatic weapons are not illegal to own. The bill proposed by Rep. Richmond would have placed more regulations on semi automatic firearms than on fully automatic ones.

Rep. Richmond cannot ask the New Orleans City Counsel to adopt a local ban. Louisiana has a pre-emption statute that prevents local governments from passing more restrictive laws on firearms than those of the state. Rep. Richmond should know this, but like much of the “facts” he testified to today, what he stated is incorrect.

There are no recent court rulings that allow cities to enact a ban on automatic weapons. Rep. Richmond is referring to District of Columbia v. Heller which recent affirmed that the 2nd Amendment’s right to keep and bear arms was an individual right. In dicta, the Court stated that there may be “reasonable limits” on the 2nd Amendment right and included “assault weapon” legislation as a possibly being reasonable. The way Rep. Richmond’s bill was written would fail the reasonability test. Everyone was focused on the firearm itself, however, the bill had a number of provisions that were extremely problematic from an enforcement standpoint, including warrantless searches of licensee’s homes and making law enforcement officers who take home their cars with an “assault weapon” in the trunk potential felons.

The amended bill did not limit its prohibition “just to AK-47s”. There was language in the bill that expanded its coverage to AKs, “or copies or duplicates of the weapon.” Because of the numerous firearms that use a semi automatic firing system similar to an AK (gas piston and operating rod), individuals would have to make a decision whether their firearm was a copy or duplicate of the banned rifle. I have attached a copy of a Valmet M-88 Hunter. This rifle is a direct descendant of an AK-47 with a similar operating system, but no interchangeable parts. My question to you is: Is this a copy or duplicate of an AK that must be registered? Making a mistake could make you a felon. Will the D.A. of your parish apply the law liberally or conservatively? This makes the law unreasonably vague (unconstitutional) because it is not clear what behavior the law seeks to prohibit.

Bills such as Rep. Richmond’s seek to demonize a particular type or class of firearms because of their appearance rather than their function. This is because it is impossible to differentiate between “ugly” semi automatics and “acceptable” ones based on function. Basically, Rep. Richmond has decided that there firearms are not aesthetically pleasing and should therefore be banned, where as a rifle that is more aesthetically pleasing but uses the same method of operation is not banned. Bills based on aesthetics are not reasonable.

So called “assault weapon” bans have been attempted in the past. Studies have shown that they have little effect on crime because the firearms banned thereunder are used in relatively few crimes. These bans attempt to criminalize an object rather than behavior. After all, the actions of those who misuse firearms are already illegal. Passage of Rep. Richmond’s bill would not make our streets any safer; it would only make criminals out of currently law abiding citizens.

I assume that you attended the hearing. I am the person who testified first in opposition. If you have any questions, do not hesitate to call or write.

Dan

Daniel E. Zelenka, II

 

[CaptWSims]

Way to go!

BRAVO ZULU!

 

[Speedlace]

The comments are hilarious:
http://www.nola.com/politics/index.ssf/2009/05/house_panel_kills_bill_banning.html

 

[leVieux]

Well said, Dan !

 

[artabr]

Nice job Dan.



Art

 

[goodburbon]

Way to go Dan

 

[JadeRaven]

They changed it on nola.com to "Semi-automatic"

 

[BobKaro]

Dan!

 

[Old_Demon]

Well written response - congrats, and thanks!

 

[nola_]

The comments are hilarious:
http://www.nola.com/politics/index.ssf/2009/05/house_panel_kills_bill_banning.html

I've come to realize the "average" citizen has no knowledge of firearms. And this is getting worse each day.

 

[Jon]

I've come to realize the "average" citizen has no knowledge of firearms. And this is getting worse each day.

The comments were better toward the end. I thought I was going to puke at first.

 

[flamatrix99]

I've come to realize the "average" citizen has no knowledge of firearms. And this is getting worse each day.

nope and most have no desire to learn.