Posted on 08/18/2006 12:56:31 PM PDT by SmithL
ANYONE WHO HAS ever been shot by an air gun does not need to be told that, in the wrong hands, it can be a dangerous weapon.
Just ask Orinda City Councilman Steven Glazer. In October of 2003, Glazer was driving in a convertible with his family in Orinda when he felt a hard thump on his neck.
When he went to the hospital, doctors told him that he had been shot by a pellet that barely missed his carotid artery. He had to undergo a two-hour surgery and says he still suffers numbness in his face and neck.
At the time, the Contra Costa County District Attorney's Office believed it had identified the shooter - Eli Polk, son of convicted murderer Susan Polk.
Prosecutors, however, declined to press charges. They said a major reason was that unlike in the case of a firearm, there was nothing in the law that made it a crime to negligently discharge an air gun.
Why? Because air guns are not on the list of firearms included under an existing law.
"This is a huge loophole that should have been closed a long time ago," says Sen. Tom Torlakson, D-Antioch. Spurred by the shooting of Glazer in Contra Costa County, Torlakson has authored a bill that would make it a misdemeanor to fire a pellet or BB gun in a "grossly negligent manner that could result in injury or death."
Anyone convicted could be sentenced to up to a year in jail.
The bill has passed both the Assembly and the Senate. It has now awaits Gov. Arnold Schwarzenegger's signature.
Some state officials argue the law is unnecessary, that current laws already allow prosecutors to bring assault and battery charges for reckless use of a firearm, and that includes air guns.
However, it would appear that existing laws on the books do not go far enough in protecting California residents from weapons that some people mistake for toys.
As Torlakson rightly points out, some air gun muzzles have a velocity that surpasses that of a handgun. If a BB lands in someone's eye or another vulnerable body part, it can cause major bodily harm.
In 2005, 21,000 people had to be treated in hospital emergency rooms after they were injured by a BB or other air gun, according to the Consumer Product Safety Commission.
Air guns clearly are not to be taken lightly. We urge Schwarzenegger to send that message by signing Torlakson's bill into law.
this makes no sense... isn't causing injury or inflicting property damage -by whatever means, deliberately or accidentally, great or small- already covered by civil and criminal law?
Read the actual law and you'll find it is nonsense.
Then look at the votes - every Republican Senator and Assemblymember voted against this (except RINO Richman, of course).
A veto is in order.
Given. But, the law doesn't ban anything, as suggest by some.
If you want to leave no loophlaes make a law adressing lauching any object against a moving vehicle: bb pellet, paintball, baseball, brick, pumpkin.
08/28/2006
GAAS:569:06
FOR IMMEDIATE RELEASE
Legislative Update
Governor Schwarzenegger has signed 38 bills and vetoed two bills.
Bills signed:
(snip)
SB 532 by Senator Tom Torlakson (D-Antioch) - BB devices.
(No more Olmert! No more Kadima! No more Oslo! )
Why? Because air guns are not on the list of firearms included under an existing law.
How about "Reckless Endangerment" or some such?
Oh. I am sure the prosecutors want a law defining air guns as firearms. That is what they are doing, not just declining to prosecute on other charges. I see.nevermind
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