Posted on 06/16/2005 12:06:59 PM PDT by neverdem
Columbus plan likely would face court test
The Columbus City Council will try to pass an assault-weapons ban by the end of July that officials think can withstand legal challenges that shot down two earlier proposals.
And though the National Rifle Association said such a ban could force the organization to consider moving its national convention out of Columbus in 2007, the proposals sponsor said the ban would be in the citys best interest.
"Theyre not going to dictate the policies of this city," said Columbus City Councilman Michael C. Mentel, who sponsored the legislation. He expects the councils full support.
Mentel plans to introduce the legislation Monday, then hold a public hearing June 30.
The proposal is geared toward taking high-powered, semiautomatic assault weapons off the streets. Anyone who bought the firearms before the ban took effect would have 90 days to register them.
"Police officers are fearful of these weapons," Mentel said.
Opponents said theyll see the city in court.
"I feel very sure there will be some legal challenge. When and what is still open to study at this point," said lawyer David Buda, who represents the Peoples Rights Organization, which won court cases against Columbus bans in the 1990s.
City Attorney Richard C. Pfeiffer Jr. thinks the city can give "a credible defense."
Pfeiffer said the citys lawyers have better defined assault weapons. The definition is based on a model created by the Legal Community Against Violence, based in San Francisco. Its model in turn is based on other bans.
In 1994, a federal court overturned Columbus 1989 ordinance, ruling the citys attempt to ban 46 makes and models was unconstitutionally vague. Thats because it excluded similar guns from the list but didnt explain why.
Columbus passed another ban in 1994, but a federal court shot that down as well because it didnt do a good job in defining an assault weapon by its general characteristics.
The new Columbus proposal defines an assault weapon as a semiautomatic rifle with a detachable magazine with any of these five components: a protruding pistol grip, a grip for the nonshooting hand, a thumbhole stock, a shroud covering a hot barrel and a muzzle brake to reduce recoil.
Laura Cutilletta, senior staff attorney for the Legal Community Against Violence, said thats a better definition.
But she said, "You cant predict what the court is going to do."
Buda, who hasnt seen the proposal, thinks the proposal would ban some hunting rifles.
Mentel said the ordinance would not prohibit "legitimate sporting weapons."
Mentel, who leads the councils safety and judiciary committee, thought Columbus needed a weapons ban after the 10-year-old federal law expired last September. The federal ban prohibited the sale of 19 kinds of semiautomatic weapons, including Uzis, Colt AR-15s and AK-47s.
Mayor Michael B. Coleman received a copy of the legislation yesterday and supports some sort of regulation, said Mike Brown, his spokesman.
Last month, the National Rifle Association announced it would hold its 2007 convention May 18-20 in Columbus, an event expected to draw 60,000 to the Greater Columbus Convention Center.
Asked if the proposal would prompt the group to relocate to another city, NRA spokeswoman Kelly Hobbs said, "All options are on the table. We would have to consider that.
"Well certainly come out with a more official position if and when its passed."
Experience Columbus, the areas convention and visitors bureau, expects the convention would bring $12 million to $15 million into the citys economy.
"All indications to us is theyre very committed to Columbus," Experience Columbus spokesman Brent LaLonde said.
Mentel said police and antigun groups support a ban. That includes the Fraternal Order of Police Capital City Lodge No. 9, which represents Columbus police.
Lodge President Leif Bickel said he hopes the law would give authorities the ability to seize weapons from criminals, although he thinks some people would illegally keep them.
Columbus police say they are facing more semiautomatic assault weapons on the West Side.
Mentel said the ordinance could be tweaked depending on what comes up at the public hearing.
The proposal does not regulate or restrict stun guns. Mentel said police told him they have not seen cases of stun guns being used in crimes.
Dublin updated its ordinances in February to ban manufacturing, importing, buying, selling or transferring assault weapons. While it hasnt been challenged in court, it doesnt prohibit possessing the weapons, as Columbus proposal does.
Dublin city attorneys thought that would be difficult to enforce.
mferenchik@dispatch.com
Oxymoron alert!
I love this "off the street" BS. I would imagine that most firearms meeting the description of these so-called "assault weapons" are prized possessions and as such are locked up in safes.
IGNORAMUSES!!!!!
JACKASSES!!!!!
>>The new Columbus proposal defines an assault weapon as a semiautomatic rifle with a detachable magazine with any of
>>these five components: a protruding pistol grip, a grip for the nonshooting hand, a thumbhole stock, a shroud covering a hot barrel and a muzzle brake to reduce recoil.
In other words, it's a proposed ban on mean-looking guns. A ban on mean-acting people would be more to the point.
Kolumbistan??
Yes I recall the words now...The right of the people to bear arms..(that don't scare police, tax sucking vampire govt. bureaucrats politicans) shall not be infringed.

Columbus City Council: the real "Gang of Seven"!
This legislative body consists entirely of tax-hikers, homo-lovers and gun-grabbers. All Democrats. Lovers of freedom and property need not apply.
Didn't Ohio pass a local firearms law preemption bill a few years back? Or was that law only being debated?
Ah yes. And yesterday there was a thread on FR about the Ohio police arming themselves to the teeth with surplus M16 rifles bought from the army.
High powered? What about hunting rifles?
"The people have the right to bear arms for their defense and security..."
Ohio Constitution, §1.04
I don't live there. I don't know.
Sorry, I'm holding on to my UZI. :)
Gotta love that Columbus Pisspatch.
Looks like those .22 caliber Winchesters are going back.
Well they are most likly rignt the asalt shaker has probably killed more people then any gun has.
But what about a bayonet lug? Will Columbus residents still have to deal with the horror of drive by bayonetings?
Oh NO, not the dreaded drive by bayonettings!
I hate Columbus.
Folks around here call it "Cowlumbus, Ahia" And the paper the "Bitchpatch"
I moved out of columbus because I was tired of all the silly BS. They want so bad to be a "Big City" but just don't have a clue. Clevland has more going for it than Cowlumbus.
The correct version is "The right to bear arms that don't scare police,child pimping tax sucking vampire bureucrats & politicions shall not be infringed" you mistakenly left out the "child pimping" portion.
The correct version is "The right to bear arms that don't scare police,child pimping tax sucking vampire bureucrats & politicions shall not be infringed" you mistakenly left out the "child pimping" portion.
This language is still vague... here's why...
Every rifle out there has a grip "for the non-shooting hand". I guess they are refering to a vertical grip on the forestock but they don't make that distinction. Not only that but Remington, Browning, and several other manufacturers of semi-auto hunting rifles all have detachable magazines. Basically, all semi-auto rifles will be banned with few exceptions. And I wish these idiots would quit making up BS names for stuff. The official Jane's Defense definition of an assault rifle is a light weight, low to moderate powered rifle capable of semi AND full auto fire. Freaking morons. Mike
A quick search of Columbus councilman Michael C. Mentil, Esq., shows he's darkened our door before.
http://www.freerepublic.com/focus/f-news/1330836/posts
Another stinking gun grabber. Freep on.
We have come a long way from 1961 when the politicians only wanted to ...
1. Register handguns only. Long guns would not be affected.
2. Ban the import of 5 shot bolt action army surplus rifles because they competed with American made hunting rifles.
Now we have seen demands for registration of all firearms,
demands for banning "saturday night specials".
Bans for ALL handguns..
Bans for military style semi-auto rifles..
Bans for ALL semi-auto rifles..
Bans for large caliber single shot rifles.
And registration for what is left.
"When men give up their freedom willingly in the name of security, they soon loose even that degraded security"......Cicero
Are these things just spontaneously jumping out of safes and shooting people ?
We have come a long way from 1961 when the politicians only wanted to ...
1. Register handguns only. Long guns would not be affected.
2. Ban the import of 5 shot bolt action army surplus rifles because they competed with American made hunting rifles.
Now we have seen demands for registration of all firearms,
demands for banning "saturday night specials".
Bans for ALL handguns..
Bans for military style semi-auto rifles..
Bans for ALL semi-auto rifles..
Bans for large caliber single shot rifles.
And registration for what is left.
"When men give up their freedom willingly in the name of security, they soon loose even that degraded security"......Cicero
Hmm. So automatics and Uzis are still good to go!
Damn, they must be smarter than all the other A.W. banners
cuz they list flash hiders instead
I should also have added that you were allowed to purchase a Colt AR-15 any time during the ban as long as it was manufactured as a complete rifle prior to 9/14/94.
Where's "around here?"
This ignorant bunch of parasites is why I moved two counties away and commute.
Thanks for the quote from Cicero.
So...guess it'd be Ok to bring my A-5 to the next council meeting, then ?
Couldn't anything you use to assault someone with be an assault weapon?
If I assault you and beat you senseless with a chair, isn't that an assault weapon.
We must then ban chairs.
"The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power." Article 1, Section 4. Ohio Constitution.
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."Second Amendment, Constitution for the United States
Actually they were, they were among the 19 named "evil black guns". Colt just changed the name to "Sporter", left off the bayonet lug and flash hider, and went on selling them.
Muzzle brakes weren't one of the evil baby killing features; flash hiders/suppressors were. Many companies modified the flash suppressor into a brake, to retain the "look" of the weapon.
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
ping
a grip for the nonshooting hand? Pretty much describes every semiautomatic rifle with a detachable magazine I know of.
ok, that's silly. olympic, bushmaster, rock river, et al could have an AR15 but colt couldn't?
Yep... you're right. But if they use the existing term for "grip for the non shooting hand" then you are out of luck.
Mike
The mayor should be more concerned about getting rid of criminal personalities than weapons. All he is doing is guaranteeing that future victims will be shot with something other than an assault weapon (maybe).
And moron Mayor Coleman wants to be the next governor -- SIGH -- RUN, KEN, RUN!!!!
This passed unanimously at tonight's City Council meeting. Goes into effect 30 days from now. After which it will be illegal to purchase these rifles and those who have them must REGISTER.
http://biz.yahoo.com/prnews/050711/cgm076.html?.v=5
COLUMBUS, Ohio, July 11 /PRNewswire/ -- With a unanimous city council vote of six to zero, Columbus joins other Ohio communities in banning assault weapons. Following a series of public hearings, Council members determined the risks to Columbus families increased unacceptably when the U.S. Congress failed to renew the federal law which expired on September 13th, 2004.
The Columbus ordinance bans the possession and transfer of assault weapons while continuing to allow the use of the weapons at licensed shooting ranges and in officially sanctioned competitive shooting events. Individuals who lawfully owned and possessed assault weapons before the ordinance's effective date may keep their weapons but have 90 days to register them with local authorities.
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