MD: Daycare centers added to anti-gun show bill

dZ

New member
Daycare centers added to anti-gun show bill
http://206.144.247.83/200104/montgomerycty/county/41883-1.html
by Myra Mensh Patner
Staff Writer

Jan. 26, 2001

Montgomery County Council President Blair G. Ewing will add daycare centers to the
list of places that would be protected by a gun shows bill he introduced earlier this
week to further restrict gun shows in Montgomery County.

The bill would expand the county's 1997 gun-free zones law by prohibiting gun
displays and sales within 100 yards of fairgrounds, conference centers and other
multipurpose exhibition halls where the public gathers.

The 1997 law already prohibits gun sales within 100 yards of parks, schools,
libraries, houses of worship and government-owned and managed recreational
facilities.

"I'm going to add day care because one of the things the county has the authority to
do under state law is to protect children," Ewing (D-At large) of Silver Spring said
Thursday.

Ewing decided to add daycare centers to the bill after learning that the Mid-Maryland
Friends of the National Rifle Association had rented the Izaak Walton League in
Potomac for a fund-raising banquet and gun auction and raffle on Feb. 24.

The closest park to the Izaak Walton League -- or any other facility mentioned in the
gun-free zones law -- is Greenbriar Park. It sits 333 yards from the Walton property
line, said Callum Murray, Potomac planner for the county Planning Board.

A daycare center called Tiny Toes of Travilah sits next to the Izaak Walton League
land, but daycare centers are not mentioned in the 1997 law.

Ewing said he was upset to learn that guns would be auctioned just a few feet from
the daycare center and vowed to make sure that practice ends.

"I'm very hopeful that people will say at the public hearing that guns should not be
near day care centers," he said.

The bill, which County Councilmen Derick P. Berlage and Steven A. Silverman
co-sponsored, also would prohibit county money from going to any organization that
allows gun sales and displays of firearms at a multipurpose exhibition facility owned
or controlled by that organization.

It would force any group obtaining county money after Jan. 1, 2001, to pay back the
money if it allows the display or sale of guns within 10 years of receiving the money.

The council will hold a public hearing on the bill Feb. 15 at 7:30 p.m. in the Stella B.
Werner Council Office Building in Rockville.

The bill is the latest effort by politicians to end gun shows that have taken place for a
decade at the Montgomery County Agricultural Center and Fairgrounds in
Gaithersburg. The fairgrounds is privately owned and operated, but does accept
county and state money.

In October, County Executive Douglas M. Duncan asked the City of Gaithersburg to
end the gun shows by passing a gun-free zones bill similar to the 1997 county law.
County laws do not apply to municipalities that enforce their own laws unless the
municipalities also adopt the law.

Gaithersburg's City Council is studying the issue, said Mayor Sidney Katz.
 
Michelle Malkin
http://www.townhall.com/columnists/michellemalkin/mm20010126.shtml
January 26, 2001

Gun shows under fire

Here's the thing about the Bill of Rights: It isn't an a la carte menu. You can't just pick and choose. But that's exactly what public officials in my neighborhood want to do in their brazenly
unconstitutional attempt to ban gun shows. The Montgomery County (Md.) Council introduced a bill this week to deny public funding to "any organization that allows the display and sale of guns" on
its property. It would also expand a current county law that mandates gun-free zones within 100 yards of a "place of public assembly" by adding fairgrounds, conference centers and exhibition halls to
the areas where gun displays and sales are forbidden. This effort follows a nationwide assault launched in Los Angeles, which moved to ban gun shows two years ago.

The dead aim of my local lawmakers is to shut down Maryland's only gun show operator, Silverado Promotions, which has held events at a local fairgrounds for a decade without incident. Council
president Blair Ewing claims the bill is "designed to reduce easy availability of guns" and prevent crime. But Maryland has among the most stringent gun control laws in the country, and the so-called
"gun-show loophole" has already been closed here.

It is simply not true, as the gun-control lobby claims, that gun shows foster more gun-related crime. A U.S. Bureau of Justice Statistics report on federal firearms offenders released last year reported
that a mere 1.7 percent of crime guns are acquired at gun shows. Frank Krasner, owner of Silverado Promotions, adds that his shows are heavily policed -- and attended by many cops who are
hobbyists and collectors themselves. "The only complaint I've ever gotten from police is that there aren't enough parking spaces for their cars," Krasner told me.

In addition to strict observance of background checks and waiting periods, Krasner enforces a plethora of safety rules: all incoming firearms are inspected, disabled and displayed under net or glass; no
handguns are delivered to the buyer at the show; and all dealers must publicly display their licenses.

Gun show bans aren't about promoting safety. They're about cracking down on the free speech and free assembly of law-abiding citizens who have a passion for exercising their Second Amendment
rights. At gun shows across the country, hunters shop for equipment, buy books and swap tips. Families browse historical exhibits, antiques, collectibles and war memorabilia. And yes, people from all
walks of life come to buy guns for recreation and self-defense. "There's a lot of education and political activity that goes on at our shows," Krasner notes. "The real problem these gun bigots have is not
with crime, but with the lawful civilian ownership of firearms."

Krasner is considering litigation if the proposal passes. The law is on his side. Courts from California to Florida have held that gun-show transactions involve constitutionally protected commercial
speech. "(S)ome type of speech is necessarily involved in the sale of any gun. A gun may not be sold in silence, without any exchange of verbal communication whatsoever," noted a federal appeals
court in California upon overturning a Santa Clara gun show ban strictly on First Amendment grounds. The court criticized the gun show ban as an "inept response to pressure by residents who
strongly support the cause of gun control." Inept, discriminatory, and illegal.

Michael Wright, a Los Angeles attorney who represents the Great Western Gun Show (which is currently challenging a 1999 county gun show ban), told me he believes the Montgomery County, Md.,
ban won't stand up in court either. "Banning the mere display of guns gets you right down free speech alley. If you ban the display of arms, you ban speech. The proposal is almost certainly a First
Amendment violation."

This may be hard for gun-grabbers to swallow, but the First Amendment applies to Second Amendment advocates, too. Government officials who are pursuing gun show bans nationwide may be
winning in the court of public opinion. But in the court of law, thanks to our Founders, the basic constitutional rights of gun show operators and attendees are bulletproof.

©2001 Creators Syndicate, Inc.
 
She lives in my town!

Malkin’s work has been cited in the New York Times, Washington Post, USA Today, Reader’s Digest, and U.S. News
and World Report. Her freelance work has appeared in the Wall Street Journal, Washington Times, Reason
magazine, and National Review West. Her wide-ranging – and news-breaking -- commentary has been honored by
several national organizations. Among the journalism awards Malkin has received:

The 1997 Evert Clark Science Award for journalists under the age of 30, for commentary and analysis of
environmental regulations and science policy.

The 1997 National Society of Newspaper Columnists writing award, for general interest columnists in
newspapers with a circulation of at least 100,000 (2nd place).

The 1998 Second Amendment Foundation's James Madison Award, for excellence in journalism "promoting
the individual right to keep and bear arms."

The 1998 Council on Governmental Ethics Laws (COGEL) national award for outstanding service for the
cause of governmental ethics and leadership, for investigative columns that exposed campaign finance
abuses by Washington state Democrats, Republicans, and political organizations.

Malkin, the daughter of Filipino immigrants, was born in Philadelphia, Pa. in 1970 and raised in southern New Jersey.
She worked as a press inserter, tax preparation aide, and network news librarian; she is also a lapsed classical
pianist. Malkin’s hobbies include crocheting and pier fishing with her dad. She also is editor of porkwatch.com, a
web site devoted to exposing and publicizing corporate welfare.

Malkin is a graduate of Oberlin College. She lives with her husband, Jesse, and daughter, Veronica, in Germantown,
Maryland.

http://www.michellemalkin.com/bio.html
 
as leaders of Montgomery’s Million Mom March chapter looked on

Montgomery County Council
For Immediate Release January 23, 2001
Contact: Patrick Lacefield 240-777-7939 or Jean Arthur 240-777-7934
Would extend “gun-free” areas, cut off County funding for gun
show sponsors…
EWING BILL STRIKES BACK AGAINST
GUN SHOWS IN COUNTY
Council President Blair Ewing today introduced legislation to place further limits
on future “gun shows” in the County and cut off any County funding of
organizations or institutions sponsoring such shows.
The legislation, co-sponsored by Council Vice President Steve Silverman and
Councilmember Derick Berlage, would prohibit the sale, transfer, possession or
transportation of certain weapons at or within 100 yards of a multipurpose
exhibition facility, such as a fairgrounds or conference center.
County law already prohibits such sales or transfers within 100 yards of a place
of worship, elementary or secondary school, public library, or government-owned
or operated recreational facility.
In addition, the measure would ban any future County financial support to any
organization that allows the display and sale of guns at a facility owned or
controlled by the organization.
“This is a reasonable and prudent measure designed to reduce the easy
availability of guns,” said Council President Ewing, as leaders of Montgomery’s
Million Mom March chapter looked on.
“It is particularly difficult to be sure that
gun control regulations are being followed at a gun show. And public dollars
shouldn’t help support gun shows.”
The issue was recently joined when Silverado Productions held a gun show last
October at facilities at the Montgomery County Fairgrounds. The Fairgrounds,
though not government-owned, has received $470,000 in funding from the
County since 1998 -- $250,000 directly from the County for renovations and
$220,000 for other improvements through the County-funded Montgomery Arts
Council. Though the Fairgrounds is in the municipality of Gaithersburg and thus
would not be covered at present by this legislation, any future gun shows there
would result in a prohibition on future County funding should this measure be
approved.
The County conference center on Rockville Pike, approved but not yet under
construction, would be covered by the direct prohibition on gun shows.
A public hearing will be held on the legislation on Thursday, February 15 at 7:30
PM at the County Council Office Building, 100 Maryland Avenue in Rockville.
http://www.co.mo.md.us/council/news2001/0123gunshows.pdf

SUMMARY OF COUNCIL AND COMMITTEE MEETINGS
RES/ORD SUBJECT ACTION
10:50 LEGISLATIVE SESSION
10:50 LEGISLATIVE SESSION
Day #3
A. Approval of Legislative Journal -November
28 and December 12, 2000 (Edgar)
Approved as amended
B. Introduction of Bills
(5) Bill 1-01, Streets and Roads - Snow
Removal, sponsored by Councilmembers
Andrews, Leggett and Silverman (Cogan)
Introduced
Public Hearing by PS/T&E is scheduled for
2/13/01 at 7:30 pm.
(6) • Bill 2-01, Weapons - Gun Shows,
sponsored by Council President Ewing and
Councilmembers Silverman and Berlage (Cogan)
Introduced
Public Hearing by PS Committee is scheduled for
2/15/01 at 7:30 pm.
11:15 Meeting with County Attorney
(6th floor Council Conference Room)
Received an update on pending
litigation.
ADJOURNED: 12:00 P.M.
Day #3
http://www.co.mo.md.us/council/minutes2001/mn010123.pdf


Section 1. Chapter 57 of the County Code is amended as follows: 1
57-1. Definitions. 2
In this Chapter, the following words and phrases have the following meanings: 3
* * * 4
Place of public assembly: A “place of public assembly” is a government 5
owned park identified by the Maryland-National Capital Park and Planning 6
Commission; place of worship; elementary or secondary school; public library; [or] 7
government owned or operated recreational facility; or multipurpose exhibition 8
facility, such as a fairgrounds or conference center. A place of public assembly 9
includes all property associated with the place, such as a parking lot or grounds of a 10
building. 11
http://www.co.mo.md.us/council/news2001/0123gunshowsbill.pdf
 
Ewing said he was upset to learn that guns would be auctioned just a few feet from
the daycare center and vowed to make sure that practice ends.

except the daycare center is not open on Saturday nights when the action is going to take place inside a building inside private property!!!!!!!!!!!!!!!!!!!!!!!!!

give the old dZ some props here guys, i be getting lonely.
 
N. Potomac gun event spurs addition to Ewing legislation

by Myra Mensh Patner
Staff Writer
http://206.144.247.83/200105/bethesda/news/42048-1.html
Jan. 31, 2001

County Council President Blair G. Ewing will add daycare centers to the
list of places that would be protected by an anti-gun shows bill he
introduced last week.

The amendment is in response to Ewing learning that the Mid-Maryland
Friends of the National Rifle Association plans to hold a fund-raising
banquet and gun auction/raffle on Feb. 24 at the Izaak Walton League
Nature Center at 12230 McCrossin Lane, near the Travilah and Glen
roads crossroads in North Potomac.

The Izaak Walton property abuts Tiny Toes of Travilah, a privately run,
family daycare center.

The bill Ewing introduced last week expands a 1997 gun-free zones law to
include fairgrounds, conference centers and other multi-purpose sites as
gun-free zones. The 1997 law already prohibits gun sales within 100
yards of parks, schools, libraries, houses of worship and
government-owned and managed recreational facilities. It does not
mention daycare centers.

In addition, Ewing has asked County Attorney Charles A. Thompson if the
banquet is legal, since some people might consider daycare centers
similar to schools, which are in a gun-free zone. Thompson is expected to
give his opinion on that question this week, but either way Ewing said he
would add daycare centers to the bill he introduced to eliminate any
possible ambiguity.

"I'm going to add daycare because one of the things the county has the
authority to do under state law is to protect children," Ewing said.

The bill, which County Councilmen Derick P. Berlage and Steven A.
Silverman co-sponsored, also would prohibit county money from going to
any organization that allows gun sales and displays of firearms at a
multipurpose exhibition facility owned or controlled by that organization.

It would force any group obtaining county money after Jan. 1, 2001, to
pay back the money if it allows the display or sale of guns within 10 years
of receiving the money.

The council will hold a public hearing on the bill Feb. 15 at 7:30 p.m. in
the Stella B. Werner Council Office Building in Rockville.

Meanwhile, the North Potomac Citizens Association has sent letters to the
Izaak Walton League, County Executive Douglas M. Duncan and the
County Council opposing the banquet on the grounds that it will bring
guns into North Potomac.

The NRA group plans to auction and raffle rifles, shotguns, handguns
and pistols.

"We do not want to set the precedent that residential settings are
appropriate for the sale, transfer, showing or carrying of weapons other
than by licensed and trained law enforcement officers," wrote Debbie
Levi, a member of the board of directors of the North Potomac Citizens
Association.

James Fling, president of the Potomac Izaak Walton chapter, said all gun
transactions stemming from the banquet will be handled by a federally
licensed dealer at the dealer's shop.

"This is the first time we've done this for anybody," Fling said. "Usually, it's
the Boy Scouts, Little League and others who come here."

The Mid-Maryland Friends of the NRA, one of about 700 Friends groups
in the United States that raise money for an NRA endowment as well as
for state firearms safety programs, originally planned to hold the banquet
at the Bethesda-Chevy Chase Rescue Squad, where it had been held for
three years.

Roger LaFlesh, the Potomac man organizing the banquet, did not return
calls seeking comment.

But on Jan. 15, Thompson told the rescue squad the event appeared to
be illegal because Christ Lutheran Church abuts the squad property.

The 1997 gun-free zones law forbids gun sales within 100 yards of a
church. The squad cancelled the banquet.

The NRA group then moved its banquet to the Izaak Walton property, a
10-acre site where shooters practiced skeet and target shooting until
about a decade ago.

The shooting ended when new communities like Belvedere, Hunting Hills
Estates, Palatine, Briarbush Lane and others were built around the
property, Fling said.
 
Props dZ!

So exactly when did Md become a lost cause, anyway? I'm glad the TRT is there doing something still. Nothing like going down swinging, and at least it makes the Million Commie Mommies nervous!

Perhaps the Md chapter of TRT could do a rearguard while the rest of us dig that big moat separating the Northeast from the rest of the country. Once y'all are across the bridge, we'll knock it down and let the alligators loose.

Next stop California.
 
for those out of town,
maybe the council would like to hear from you:

Contacting the Council

Mail:
100 Maryland Avenue
Rockville, MD 20850
Telephone:
(240) 777-7900
Legislative Information Services:
(240) 777-7910
24-hour Comment Line:
(240) 777-7999
TTY:
(240) 777-7914
E-mail:
county.council@co.mo.md.us
 
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