COLUMBUS, OHIO CITY COUNCIL VOTES TO BAN "ASSAULT WEAPONS"

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.