Harry Tuttle
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http://www.washtimes.com/metro/20040303-102618-1690r.htm
Senator seeks safe bet for arms bill
By Robert Redding Jr.
THE WASHINGTON TIMES
ANNAPOLIS — A Democratic senator is bucking the General
Assembly's committee system by trying to wrest a proposed ban against
assault weapons from the committee that will likely defeat it.
State Sen. Robert J. Garagiola, Montgomery Democrat, wants to
take the bill from the Judicial Proceedings Committee and bring it to
the full Senate, which will likely vote in approval.
He thinks such a move is worthwhile because Gov. Robert L.
Ehrlich Jr., a Republican, will sign the bill.
"I don't think he will veto it," Mr. Garagiola said.
Mr. Garagiola said even if fellow Democrats kill his legislation
— a backup if Congress lifts the federal ban in September — he will
use obscure General Assembly rules to sidestep state lawmakers so the
bill can reach Mr. Ehrlich's desk.
Mr. Garagiola could use Senate Rule 43 that was last used in 2000
to pass a gun bill concerning trigger locks.
The rule calls for circumventing the General Assembly's strong
committee system by asking senators to hear the bill on the floor.
The maneuver needs a simple majority vote.
Mr. Garagiola could use the lesser-known Rule 42-b to get 16
members to sign a petition to send the bill to the floor. He could
move that his bill be substituted for an unfavorable report should
the committee vote against it or amend a similar bill to reflect his
bill.
"I am examining all options," Mr. Garagiola said yesterday . "I
am not ruling out anything at this point."
He will likely need a backup plan because fellow Democratic Sen.
John A. Giannetti Jr. is the swing vote on the 11-member committee
and will likely vote against the bill.
"I talked to the governor and he has said he would veto it," said
Mr. Giannetti, a self-described moderate from Anne Arundel and Prince
George's counties.
"Why would I vote for a bill that ... doesn't become law?" he
asked. "The fact is, criminals can get weapons with or without the
ban. I just think we need to enforce the laws that we have."
Mr. Garagiola disagrees.
"I think if we get it to the governor's desk we have a shot at
making this law in Maryland," he said.
Mr. Ehrlich has publicly questioned the effectiveness of many gun-
control laws in Maryland and has said he is open to reviewing them.
Maryland banned a number of military-style assault pistols about
10 years ago but allows the sale of 45 models of semiautomatic
assault weapons if a buyer passes a criminal background check and
agrees to a seven-day waiting period.
The federal law, which expires on Sept. 13, prohibits the sale of
guns that have two or more characteristics of an assault weapon, such
as a grenade launcher. There are 19 weapons banned under the law.
The proposal to the Maryland General Assembly would ban the sales
of the 45 models that are now legal but would not affect guns already
sold.
"We are not talking about taking away someone's right," Mr.
Garagiola said.
A similar bill is being sponsored in the House by Delegate Neil
F. Quinter, a Howard Democrat.
Mr. Garagiola thinks the bill also has enough House votes to pass
and is tight enough to keep manufacturers from changing a gun's name
or minor features to bypass the law.
This is the second straight year Mr. Garagiola and Mr. Quinter
have filed such bills. But they now have the support of Baltimore
Mayor Martin O'Malley and Montgomery County Executive Douglas M.
Duncan, both Democrats, and Mr. Ehrlich's chief rivals in state
politics.
The U.S. Senate voted this week in favor of a bill to extend the
federal ban on weapons and to require background checks for buyers at
private gun shows.
President Bush and gun manufacturers oppose the Senate bill,
which includes provisions to force the Republican-controlled House to
accept lawsuits against gun dealers.
Five other states have imposed such firearm restrictions.
Connecticut and Kentucky are considering similar bans.
Sen. Brian E. Frosh, Montgomery Democrat and chairman of the
Judicial Proceedings Committee, has said he supports the state ban
but does not support using obscure rules to force the bill past his
committee.
Mr. Frosh said he was unsure when the committee would vote on the
bill, but that it would "probably" not be this week.
Mr. Garagiola said he does not see the split over the ban as a
partisan issue.
"Democrats that can support it should," he said. "I am not
looking at the politics of this. I am looking at the majority of the
senators and voters who say they support this legislation. I think we
should let the will of the majority have its way."
Senator seeks safe bet for arms bill
By Robert Redding Jr.
THE WASHINGTON TIMES
ANNAPOLIS — A Democratic senator is bucking the General
Assembly's committee system by trying to wrest a proposed ban against
assault weapons from the committee that will likely defeat it.
State Sen. Robert J. Garagiola, Montgomery Democrat, wants to
take the bill from the Judicial Proceedings Committee and bring it to
the full Senate, which will likely vote in approval.
He thinks such a move is worthwhile because Gov. Robert L.
Ehrlich Jr., a Republican, will sign the bill.
"I don't think he will veto it," Mr. Garagiola said.
Mr. Garagiola said even if fellow Democrats kill his legislation
— a backup if Congress lifts the federal ban in September — he will
use obscure General Assembly rules to sidestep state lawmakers so the
bill can reach Mr. Ehrlich's desk.
Mr. Garagiola could use Senate Rule 43 that was last used in 2000
to pass a gun bill concerning trigger locks.
The rule calls for circumventing the General Assembly's strong
committee system by asking senators to hear the bill on the floor.
The maneuver needs a simple majority vote.
Mr. Garagiola could use the lesser-known Rule 42-b to get 16
members to sign a petition to send the bill to the floor. He could
move that his bill be substituted for an unfavorable report should
the committee vote against it or amend a similar bill to reflect his
bill.
"I am examining all options," Mr. Garagiola said yesterday . "I
am not ruling out anything at this point."
He will likely need a backup plan because fellow Democratic Sen.
John A. Giannetti Jr. is the swing vote on the 11-member committee
and will likely vote against the bill.
"I talked to the governor and he has said he would veto it," said
Mr. Giannetti, a self-described moderate from Anne Arundel and Prince
George's counties.
"Why would I vote for a bill that ... doesn't become law?" he
asked. "The fact is, criminals can get weapons with or without the
ban. I just think we need to enforce the laws that we have."
Mr. Garagiola disagrees.
"I think if we get it to the governor's desk we have a shot at
making this law in Maryland," he said.
Mr. Ehrlich has publicly questioned the effectiveness of many gun-
control laws in Maryland and has said he is open to reviewing them.
Maryland banned a number of military-style assault pistols about
10 years ago but allows the sale of 45 models of semiautomatic
assault weapons if a buyer passes a criminal background check and
agrees to a seven-day waiting period.
The federal law, which expires on Sept. 13, prohibits the sale of
guns that have two or more characteristics of an assault weapon, such
as a grenade launcher. There are 19 weapons banned under the law.
The proposal to the Maryland General Assembly would ban the sales
of the 45 models that are now legal but would not affect guns already
sold.
"We are not talking about taking away someone's right," Mr.
Garagiola said.
A similar bill is being sponsored in the House by Delegate Neil
F. Quinter, a Howard Democrat.
Mr. Garagiola thinks the bill also has enough House votes to pass
and is tight enough to keep manufacturers from changing a gun's name
or minor features to bypass the law.
This is the second straight year Mr. Garagiola and Mr. Quinter
have filed such bills. But they now have the support of Baltimore
Mayor Martin O'Malley and Montgomery County Executive Douglas M.
Duncan, both Democrats, and Mr. Ehrlich's chief rivals in state
politics.
The U.S. Senate voted this week in favor of a bill to extend the
federal ban on weapons and to require background checks for buyers at
private gun shows.
President Bush and gun manufacturers oppose the Senate bill,
which includes provisions to force the Republican-controlled House to
accept lawsuits against gun dealers.
Five other states have imposed such firearm restrictions.
Connecticut and Kentucky are considering similar bans.
Sen. Brian E. Frosh, Montgomery Democrat and chairman of the
Judicial Proceedings Committee, has said he supports the state ban
but does not support using obscure rules to force the bill past his
committee.
Mr. Frosh said he was unsure when the committee would vote on the
bill, but that it would "probably" not be this week.
Mr. Garagiola said he does not see the split over the ban as a
partisan issue.
"Democrats that can support it should," he said. "I am not
looking at the politics of this. I am looking at the majority of the
senators and voters who say they support this legislation. I think we
should let the will of the majority have its way."
