COLUMBUS COUNCIL
City may seek ban on assault weapons
Expiration of federal law prompts Mentel to pursue legislation
Wednesday, October 20, 2004
Mark Ferenchik
THE COLUMBUS DISPATCH
With the expiration of the federal assault-weapons ban last month, the Columbus City Council will consider banning assault weapons in the city and regulating Tasers and stun guns.
Councilman Michael C. Mentel wants to hold public hearings beginning next month to decide whether to ban or regulate the sale and ownership of assault weapons.
"Because of the failure of leadership at the federal level, we’re faced with AK-47s and Uzis on the street," said Mentel, who leads the council’s Safety and Judiciary Committee.
"We clearly have a health, safety and welfare issue in play here. These are not recreational weapons. These are designed to kill."
A spokesman at the National Rifle Association’s headquarters in Virginia said he couldn’t comment on Mentel’s plan until it’s in writing.
But West Jefferson gun shop owner Dan Donaldson, a member of a group that successfully challenged Columbus’ first try at an assault-weapons ban, said he thinks Columbus is wasting its time.
"It’s my right to own one," said Donaldson, who moved his business from Columbus eight years ago and mocked the term "assault weapon."
"We call it a firearm out here," he said.
Though the city in June bought 200 Taser stun guns for police, Mentel said he’s concerned about criminals using Tasers and other stun guns in robberies and other crimes. While he doesn’t want to ban civilians from possessing them, he does want to make it difficult for criminals to obtain them.
Seven states, including Michigan, have banned the public from using or selling stun guns. Baltimore, Chicago, Philadelphia and Washington, D.C., restrict stun guns, according to the Web sites of several stungun retailers.
Legislation on assault weapons could be before the council by early December. Mentel plans to hold the first public hearing at 5 p.m. Nov. 4.
City officials know they have to word any ordinance carefully. A federal appeals court ruled in 1994 and 1998 that the city’s first two attempts at an assault-weapons ban were unconstitutionally vague.
"When it’s structured correctly, it can be done," said City Attorney Richard C. Pfeiffer Jr., who is doing research regarding such a law."
Cleveland, Cincinnati, Dublin and Toledo are among cities that ban the possession of assault weapons. It is a first-degree misdemeanor with a maximum six-month jail term and $1,000 fine.
Pfeiffer said Cleveland’s ban has withstood a legal challenge.
But the Columbus law overturned in 1998 was patterned after the Cleveland law and still fell short.
In 1994 Congress approved a federal assault-weapons ban that prohibited the sale of 19 kinds of semiautomatic guns, including AK-47s and Uzis. The law expired Sept. 14 because Congress didn’t reauthorize it.
Columbus Mayor Michael B. Coleman sent a letter to President Bush on Sept. 13 calling for the president and Congress to extend the ban.
Mentel said police have told him they are concerned they could face these weapons.
In July, a Hilltop man fired an AK-47 assault rifle at police as they chased him through a residential neighborhood north of Morse Road following a West Side fight. Several cars and homes on Brittany Road were hit, and one bullet entered a house, grazing a woman in the neck.
Columbus Police Sgt. Brian A. Bruce, who heads the division’s defensive-tactics unit, said he’d like to see an assault-weapons ban. Some ammunition for those weapons can penetrate bulletproof vests, he said.
Former Columbus Councilman John P. Kennedy pushed for the city’s first assault-weapons ban after a 1989 schoolyard shooting in Stockton, Calif.
"Why does anyone within the city limits need an assault rifle?" Kennedy said yesterday.
Kennedy said he didn’t want to take away the right to own a gun but wanted to be reasonable.
"You look at other civilized countries, they don’t allow (assault weapons)," Kennedy said.