July
12, 2005---The Columbus, OH city council last night voted 6-0
to ban the possession, sale or transfer of so-called "assault
weapons" within city limits.
The new ordinance defines "assault
weapons" loosely, using largely cosmetic features such as
extra pistol grips, collapsible stocks, and muzzle brakes as determining
criteria.
Any pistol or rifle that accepts a detachable
magazine and has just one of the cosmetic features would be considered
an "assault weapon." A shotgun with two of the banned
features would fall under the scope of the new law.
The ban will go into effect on August
11 of this year, giving owners of these guns less than thirty
days to sell or dispose of them. Owners would then have until
October 9th to register the guns with the Columbus Department
of Public Safety. Failure to do so would result in a first-degree
misdemeanor charge.
A second conviction for possessing one
of the banned guns would carry a mandatory 30-day jail sentence.
A third conviction would result in a mandatory 90-day sentence.
Proponents of the law called the banned
guns "weapons of mass destruction."
Karl Spaulding, one of three people who
had three minutes apiece to object to the legislation before the
council voted, challenged Councilman Michal C. Mentel to an academic
debate on the law’s merits and a "shootout" at
the police firing range.
Mentel declined. "I’m not here to address your challenge
or have a shootout with you," Mentel said.
Opponents of the new law, especially The
People's Rights Organization, a statewide gun rights group, has
offered a simple short-term solution: if you want to own a banned
weapon and not register it, just store it outside the city limits.
The organization is also considering a
court challenge. In two previous instances when the city passed
a law banning "assault weapons," The People's Rights
Organization fought the law in court and won.
Many state legislatures have passed what
is commonly called "pre-emption legislation," laws which
prohibit municipalities from enacting gun control laws more stringent
than those at state level.
Currently, Ohio does not have a pre-emption
law.
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