Fairgrounds board feels heat to nix gun shows
By SARAH BRUMFIELD
Journal staff writer
As the county's municipalities begin to consider adopting a county law that effectively bans gun shows, county fairgrounds officials are weighing whether to keep hosting a gun show held there twice a year.
In the face of increasing pressure from elected officials and recent protests over the gun show, the Montgomery County Agricultural Fairgrounds' board of directors said members are looking at dropping the show in order to
preserve other business.
``Who the tenant is isn't something they usually have to get involved in," said James Clifford, a Gaithersburg attorney who represents the fairgrounds. ``The idea of being a political football is new to us."
The board has met with county officials and will meet with state legislators today as they examine possible impacts of keeping or dropping
the gun show, he said.
County Executive Douglas M. Duncan (D) last week sent a letter to the municipalities urging them to adopt the county law, which does not now apply to them.
As the only municipality in the county where gun shows currently are held, Gaithersburg has become ground zero for the discussion.
Clifford said one way to resolve the discussion is to drop the gun show held by Silverado Promotions twice a year for a decade; the board has yet to commit to that option, he said.
That's also the preferred course of some elected officials.
``I would hope the board of directors that controls the fairground would decide voluntarily not to book any more gun shows," said Montgomery County Council member Derick Berlage, D-Silver Spring, the author of the
county law that went into effect in April 1998. ``I'd rather see the private sector act and make decisions for themselves."
But the president of Silverado Promotions, Frank Krasner, said the law unfairly targets a legal business and would take away his livelihood.
``The law was written to put me out of business," he said. ``It's a law that limits legal trade."
Maryland is one of the toughest states for gun shows, Krasner said, adding he and the exhibitors are careful to follow the law.
``Do you think I would be in business if we weren't doing things according to the law?" he asked. ``We are watched constantly."
So far, it is unclear whether the fairgrounds would even be affected if Gaithersburg adopts the county's law.
That law limits the ``purchase, sale, transfer, possession and transportation of certain firearms and ammunition with respect to minors or within 100 yards of places of public assembly."
But the fairgrounds is not actually public property, so city officials are looking at whether the county's law would even address the fairgrounds.
Berlage sees the law as one to protect minors from guns, he said. He argued the fairgrounds would come under the purview of the law because minors can gain access to the site.
The Gaithersburg City Council has asked its attorney to examine that and other impacts of adopting the county law, said Mayor Sidney A. Katz. He will bring the issue up for discussion at the council's next meeting on
Nov. 6, but he declined to take a position on the subject until he knows more.
``The record should be open until there's further discussion," he said.
But outlawing the Silverado gun show with the public-places law may face further challenges.
In previous cases across the country where gun-show promoters were kept from public facilities, courts often have decided that it is not appropriate to discriminate based on the kind of commerce being conducted, said Mark
Barnes, counsel to the National Association of Arms Shows.
``Governments ought not be in the business of selecting which speech they like to hear and which they don't like to hear in public," he said.
http://cold.jrnl.com/cfdocs/new/stories/mcfp1025200004.htm
By SARAH BRUMFIELD
Journal staff writer
As the county's municipalities begin to consider adopting a county law that effectively bans gun shows, county fairgrounds officials are weighing whether to keep hosting a gun show held there twice a year.
In the face of increasing pressure from elected officials and recent protests over the gun show, the Montgomery County Agricultural Fairgrounds' board of directors said members are looking at dropping the show in order to
preserve other business.
``Who the tenant is isn't something they usually have to get involved in," said James Clifford, a Gaithersburg attorney who represents the fairgrounds. ``The idea of being a political football is new to us."
The board has met with county officials and will meet with state legislators today as they examine possible impacts of keeping or dropping
the gun show, he said.
County Executive Douglas M. Duncan (D) last week sent a letter to the municipalities urging them to adopt the county law, which does not now apply to them.
As the only municipality in the county where gun shows currently are held, Gaithersburg has become ground zero for the discussion.
Clifford said one way to resolve the discussion is to drop the gun show held by Silverado Promotions twice a year for a decade; the board has yet to commit to that option, he said.
That's also the preferred course of some elected officials.
``I would hope the board of directors that controls the fairground would decide voluntarily not to book any more gun shows," said Montgomery County Council member Derick Berlage, D-Silver Spring, the author of the
county law that went into effect in April 1998. ``I'd rather see the private sector act and make decisions for themselves."
But the president of Silverado Promotions, Frank Krasner, said the law unfairly targets a legal business and would take away his livelihood.
``The law was written to put me out of business," he said. ``It's a law that limits legal trade."
Maryland is one of the toughest states for gun shows, Krasner said, adding he and the exhibitors are careful to follow the law.
``Do you think I would be in business if we weren't doing things according to the law?" he asked. ``We are watched constantly."
So far, it is unclear whether the fairgrounds would even be affected if Gaithersburg adopts the county's law.
That law limits the ``purchase, sale, transfer, possession and transportation of certain firearms and ammunition with respect to minors or within 100 yards of places of public assembly."
But the fairgrounds is not actually public property, so city officials are looking at whether the county's law would even address the fairgrounds.
Berlage sees the law as one to protect minors from guns, he said. He argued the fairgrounds would come under the purview of the law because minors can gain access to the site.
The Gaithersburg City Council has asked its attorney to examine that and other impacts of adopting the county law, said Mayor Sidney A. Katz. He will bring the issue up for discussion at the council's next meeting on
Nov. 6, but he declined to take a position on the subject until he knows more.
``The record should be open until there's further discussion," he said.
But outlawing the Silverado gun show with the public-places law may face further challenges.
In previous cases across the country where gun-show promoters were kept from public facilities, courts often have decided that it is not appropriate to discriminate based on the kind of commerce being conducted, said Mark
Barnes, counsel to the National Association of Arms Shows.
``Governments ought not be in the business of selecting which speech they like to hear and which they don't like to hear in public," he said.
http://cold.jrnl.com/cfdocs/new/stories/mcfp1025200004.htm