proposed gun law equals big ruckus!

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gunsmith

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http://www.ajc.com/news/content/metro/northfulton/0405/28roswell.html



ajc.com > Metro > North Fulton/Forsyth


Gun law creates fireworks in Roswell

By PAUL KAPLAN
The Atlanta Journal-Constitution
Published on: 04/28/05

Only a strange turn of events could have brought an affluent Republican stronghold like Roswell into the National Rifle Association's cross hairs.

But that is what happened, and now officials in the Northside suburb are scrambling to avoid taking credit for a proposal to toughen the city's gun ordinance.
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The change would curb a resident's right to fire a weapon to protect property. Roswell officials say the amended ordinance would bring the city's law, written in 1955, in line with the state's, which allows the use of force only to protect a person.

But the NRA fired off a national alert about the "egregious amendment," and the organization's many supporters have flooded City Hall with calls and e-mails complaining about the change.

Now the mayor says the change wasn't his idea, it was the city attorney's.

The city attorney says it wasn't his idea, it was the police chief's.

The police chief says it wasn't his idea, it was the city attorney's and the City Council's.

Whoever had the idea, it was a good one, insisted Frank Rotondo, executive director of the Georgia Association of Chiefs of Police. "What they're attempting to clarify is that if someone is stealing your lawn mower, you should not take out your weapon and shoot them," he said. Not so fast, says the NRA, which is concerned the ordinance is a step onto a slippery slope that could lead to residents giving up the right of self-defense.

"It's a fine line between protecting your property and protecting yourself," said Kelly Hobbs, a spokeswoman at the NRA's headquarters in Fairfax, Va.

For example, Hobbs said, could you shoot a carjacker under the amended ordinance? "Is that protecting your property or yourself?" she asked.

Roswell is an old-fashioned Southern city and about the last place you would expect to find a spat with the NRA. Especially in an election year, which this is for the mayor and three City Council members.

If it weren't for a hunter using a bow and arrow last month, all would be quiet there.

The hunter shot a deer. The deer ran off, staggered into a subdivision, collapsed and bled to death.

Some residents were horrified, not just at the dead deer, but at the prospect that there were hunters in the woods behind their houses, where their kids play.

The city responded by proposing an ordinance that says bows and arrows can only be used at approved ranges. But officials also updated the regulation on the use of all weapons, bringing it into line with state law.

That's when the NRA stepped in.

Roswell Mayor Jere Wood, who is a lawyer, says the ordinance was outdated because the state law takes precedence — but he added that the change wasn't his idea. It was David Davidson's, the city attorney, the mayor said.

Actually, Davidson said, the idea came from Ed Williams, the police chief. "I just reviewed it for legality," the attorney said.

But Williams said it's the City Council that makes the laws and Davidson who writes them. "My place is to remain neutral and to enforce the laws that are handed to me," Williams said.

Other cities in the metro area are all over the map on discharging weapons. Alpharetta allows the use of force to defend property, while Marietta allows force only to defend a person.

In Atlanta, it's illegal to fire a weapon in the city, period. That's probably the most restrictive discharge-of-weapons law in the metro area — and the one most frequently violated.

Roswell City Councilman Kent Igleheart, who heads the public safety committee and who is up for re-election this year, said the City Council will examine the issue thoroughly before finalizing the wording of the ordinance.

By the way, Igleheart noted, the change wasn't his idea, either.
 
Some residents were horrified, not just at the dead deer, but at the prospect that there were hunters in the woods behind their houses, where their kids play.

OH MY! OH MY! OH MY! *runs in circles till falling down* OH MY!

Bleating sheep. Jeez.
 
Dang bureaucrats... if they want to bring their town law(s) into compliance with overriding state law(s), why not just pass an ordinance abolishing their town law(s)? That way, the state law will automatically apply!

:fire:
 
I just liked they way they tried to deflect blame...it reminded me of a three stooges movie or a couple of brothers and a broken window with mom staring at them... :rolleyes:

Once somebody stands up and says it was their idea...think they are going to get elected again...?


pwolfman
 
If a BG breaks into your home at 3 AM, should you ask him if he intends to harm you or your family, or just steal you TV? :scrutiny:
 
Now the mayor says the change wasn't his idea, it was the city attorney's.
The city attorney says it wasn't his idea, it was the police chief's.
The police chief says it wasn't his idea, it was the city attorney's and the City Council's.

They all sound too stupid to be trusted within five miles of an idea.
 
The hunter shot a deer. The deer ran off, staggered into a subdivision, collapsed and bled to death.

Some residents were horrified, not just at the dead deer, but at the prospect that there were hunters in the woods behind their houses, where their kids play.

The city responded by proposing an ordinance that says bows and arrows can only be used at approved ranges. But officials also updated the regulation on the use of all weapons, bringing it into line with state law.
And five years from now, "Some Residents" will be horrified that they can't have a shrub for more than two days before it's eaten to the ground by the overpopulation of suburban deer.
 
In Atlanta, it's illegal to fire a weapon in the city, period.

This is not true. Even within the city limits of Atlanta you have the legal right to fire your weapon in self defense.

Life and property are inexticably linked. If I can defend my life, I can defend what I have spent a portion of my life to acquire.

You're singing my song. However, that's not the way state law reads here in Georgia. On the other hand, a kidnap victim in the Rome area shot her kidnapper a couple of years ago. He'd killed her mother during the abduction in Tennessee. While he was paying for gas; she got loose from the duct tape and confronted him with his handgun when he returned to the van. He ran. She chased him and shot him in the back until he fell. She shot him in the head as lay bleeding in the parking lot. This was voluntary manslaughter under the letter of Georgia law. People from other states at TFL were posting that she was in a lot of trouble. I told them, hey, this is Georgia...she won't be arrested, she won't be indicted, and she won't be tried. She wasn't.

If a BG breaks into your home at 3 AM, should you ask him if he intends to harm you or your family, or just steal you TV?

No, Georgia has what is commonly called a "make my day" law. If someone who does not live in your house, forcibly enters that house...they can be unarmed, covered in flowers, with loud speakers playing to just give peace a chance, and they can be on their knees promising that they mean no harm. The only requirement in the statute before using lethal force is that you believe that it is necessary to prevent the intruder from committing another felony. A violent felony is not required by statute nor is there a time limit on the commission of a felony specified by the law.

These people are weird. State law takes precedence over city ordnance. If you were a Roswell resident who shot someone making off with the lawn mover and then tried to defend yourself by citing the old Roswell ordnance; the DA would just smile pityingly and say,"I'm prosecuting you under state law." They were basically just trying to justify their useless existence by doing something, even if it had absolutely no meaning.

Georgia also has preemption of state gun law over municipal ordnances. Municipalities are barred from making any gun ordnance which is more restrictive than state law.


Hopefully, instead of huffing and puffing, the NRA will organize an effort to defeat these idiots with pro-gun people. Who, in exchange for NRA support, will agree to fire the city attorney and the police chief. That's one thing that people like this understand and that's being in the unemployment line. And their fellow travelers understand it, also. We've already got the Democratic Party ducking gun control by and large on a national level. It's time to make them feel the pain on the state and local level. Lowlifes like this understand having to get a real job to make a living...and they don't care for the prospect.
 
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