MD: Advocates reload on assault weapons ban

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Harry Tuttle

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Advocates reload on assault weapons ban
http://www.gazette.net/200411/montgomerycty/state/205882-1.html
by Steven T. Dennis
Staff Writer
March 10, 2004


ANNAPOLIS -- In "The Princess Bride," friends of the tortured Westley turn to Miracle Max to bring him back to life.

"Your friend here is only mostly dead," Max says. "There's a big difference between mostly dead and all dead."

The chief sponsors of legislation to ban assault weapons are hoping that with a little parliamentary magic, they can breathe new life into their mostly dead legislation. But the question is whether the Senate's version of Miracle Max -- President Thomas V. Mike Miller Jr. -- will go along with their resuscitation operation.

"It's going to come down to what the man with the red hair wants," said gun rights advocate and ban opponent Jim Purtilo in a reference to Miller (D-Dist. 27) of Chesapeake Beach.

Sen. John A. Giannetti Jr. (D-Dist. 21) of Laurel appeared to doom the bill by announcing that he would cast the deciding vote against it in committee, but backers are considering a variety of strategies to get the bill before the full Senate.

"This is far, far from over," said Sen. Robert J. Garagiola (D-Dist. 15) of Germantown, thumbing the Senate rule book as he plotted strategy with the House sponsor, Del. Neil F. Quinter (D-Dist. 13) of Columbia.

Quinter said they are looking at "a Chinese menu" of options.

Garagiola introduced two bills Monday that opponents see as clear attempts to bypass the Judicial Proceedings Committee. One bill would ban assault weapons in polling places and likely be assigned to the Education, Health and Environmental Affairs Committee; a second would impose a 10 percent "user fee" sales tax on assault weapons and would go to the Budget and Taxation Committee.

Either bill could be amended on the floor to include the assault weapons ban, though Garagiola would not say that.

"We're considering all of our options," he said with a smile.

Among the other possible maneuvers are petitioning the bill to the Senate floor and appending the ban to Miller's bill designed to help Maryland handgun manufacturer Beretta meet the state's trigger lock requirement.

In an interview Tuesday, Miller was not enthusiastic about using the unorthodox parliamentary maneuvers.

"I don't like going through the back door when you should go through the front door," he said, adding that he is not looking for a protracted battle on the Senate floor.

"We have enough divisive issues we're dealing with this session," he said, adding that he wants to "avoid as much acrimony as possible."

Miller said the Senate is going to have to vote on tax bills and other important measures in the final weeks of the 90-day session, which ends next month.

"If the bill dies, it's not the end of the world," he said.

Quinter also hopes to push a ban through the House in an effort to turn up the heat on the Senate. Both Quinter and Garagiola have given up efforts to expand the federal ban to include so-called copycat weapons such as the Bushmaster rifle used in the 2002 sniper rampage. Instead, they are trying to extend the federal assault weapons ban that will expire in September.

Garagiola noted that President George W. Bush (R) and U.S. Attorney General John D. Ashcroft support maintaining the assault weapons ban but have been thwarted by congressional Republicans.

Garagiola said he has commitments from 26 senators to vote for a continuation of the federal ban and predicted he would have the 29 votes needed to end a certain filibuster, provided he can get the bill to the Senate floor.

Petitioning the bill to the floor requires just 24 votes -- a simple majority in the 47-member Senate -- but is frowned upon by Senate leadership because it weakens the hierarchical committee structure that is a key instrument of their power.

Miller has said "the juice isn't worth the squeeze" to use such a maneuver, last used to pass the trigger lock bill in 2000.

Senate Judicial Proceedings Chairman Brian E. Frosh (D-Dist. 16) of Bethesda supports the ban, but not an attempt to petition a bill to the floor. Frosh also said that he is not enamored of the Beretta bill either but has not given up hope of working something out.

Giannetti opposed the ban after a personal lobbying effort by Gov. Robert L. Ehrlich Jr. (R) to kill it.

Ehrlich spokesman Paul E. Schurick reiterated Tuesday that the governor opposes the bill and wants it dead. "We're committed," he said.

Purtilo, publisher of the newsletter Tripwire, said opponents of the ban will treat Garagiola's new bills as if they are the assault weapons ban lest they morph into it on the Senate floor. Pushing through a ban would result in a backlash against conservative Democrats in difficult districts, he argued.

"Miller has to decide which people he wants to sacrifice," Purtilo said.

Staff Writer Thomas Dennison contributed to this report.
 
SENATE BILL 925
_
Unofficial Copy 2004 Regular Session
G1 4lr3223
_ _
_
____________________________________________________________________________________
By: Senator Garagiola
Introduced and read first time: March 8, 2004
Assigned to: Rules
_____________________________________________________________________________________

A BILL ENTITLED

1 AN ACT concerning

2 Election Law - Polling Places - Safety Improvement

3 FOR the purpose of prohibiting certain persons from carrying or possessing an
4 assault weapon or other firearm at a polling place; providing certain penalties;
5 excepting certain persons from the application of this Act; and generally relating
6 to a prohibition on assault weapons or other firearms at polling places.

7 BY adding to
8 Article - Election Law
9 Section 10-103
10 Annotated Code of Maryland
11 (2003 Volume and 2003 Supplement)

12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
13 MARYLAND, That the Laws of Maryland read as follows:

14 Article - Election Law

15 10-103.

16 (A) THIS SECTION DOES NOT APPLY TO:

17 (1) A LAW ENFORCEMENT OFFICER IN THE REGULAR COURSE OF THE
18 OFFICER'S DUTY; OR

19 (2) A PERSON HIRED BY THE STATE BOARD OR A LOCAL BOARD
20 SPECIFICALLY FOR THE PURPOSE OF GUARDING A POLLING PLACE.

21 (B) A PERSON MAY NOT CARRY OR POSSESS AN ASSAULT WEAPON OR OTHER
22 FIREARM, AS DEFINED IN § 5-101 OF THE PUBLIC SAFETY ARTICLE, IN A POLLING
23 PLACE.

24 (C) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR
25 AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000 OR
26 IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

2 SENATE BILL 925

1 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
2 October 1, 2004.
 
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