Ban Assault Weapons Now (BAWN) said Florida AG Lied about Assault Weapons Ban

Opinion

“Assault weapon” under the proposed Florida ballot initiative.

Arizona -(Ammoland.com)- In a recent video on politics at wtsp.com, the station plays quotes from the Florida Attorney General Ashley Moody and the Chair of Ban Assault Weapons Now, Gail Schwartz. The Attorney General says the initiative is deliberately deceptive, a trick. Schwartz says the AG is lying.  From wtsp.com:

In a letter to the court submitted Friday, Moody called the language in the proposed amendment “misleading,” saying the court should move to keep the matter from voters. She argues that the proposal goes far beyond banning so-called assault weapons and could also ban the possession of all semi-automatic long guns.

Backers of the proposed amendment fired right back, saying the attorney general was the one being deceptive.

“She is intentionally lying about our amendment to Floridians. We are not looking to ban anyone’s hunting rifles, that would be absurd,” said Gail Schwartz, Chair of Ban Assault Weapons NOW’s committee. “I think it’s pretty obvious that the attorney general is afraid of bringing this issue directly to the voters.”

Who is lying? Here is the wording of the ballot petition proposed to be added to Article 1 Section 8, Right to Bear Arms, of the Florida State Constitution.

Spacing has been slightly changed to make the provisions more readable. The original format can be viewed at the source. From dos.elections.myflorida.com:

e) The possession of an assault weapon, as that term is defined in this subsection, is prohibited in Florida except as provided in this subsection. This subsection shall be construed in conformity with the 2nd Amendment to the United States Constitution as interpreted by the United States Supreme Court.

1) Definitions –

a) Assault Weapons -For purposes of this subsection, any semiautomatic rifle or shotgun capable of holding more than 10 rounds of ammunition at once, either in a fixed or detachable magazine, or any other ammunition-feeding device. This subsection does not apply to handguns.

b) Semiautomatic -For purposes of this subsection, any weapon which fires a single projectile or a number of ball shots through a rifled or smooth bore for each single function of the trigger without further manual action required.

c) Ammunition-feeding device -For purposes of this subsection, any magazine, belt, drum, feed strip, or similar device for a firearm.

2) Limitations –

a) This subsection shall not apply to military or law enforcement use, or use by federal personnel, in conduct of their duties, or to an assault weapon being imported for sale and delivery to a federal, state or local governmental agency for use by employees of such agencies to perform official duties

b) This subsection does not apply to any firearm that is not semiautomatic, as defined in this subsection.

c) This subsection does not apply to handguns, as defined in Article I, Section 8(b), Florida Constitution.

d) If a person had lawful possession of an assault weapon prior to the effective date of this subsection, the person's possession of that assault weapon is not unlawful (1) during the first year after the effective date of this subsection, or (2), after the person has registered that weapon by make, model, and serial number with the Florida Department of Law Enforcement or its successor agency, as designated by the legislature. Registration records shall be available to local, state and federal law enforcement agencies for valid law enforcement purposes but shall otherwise be confidential.

3) Criminal Penalties -Violation of this subsection is a third-degree felony. The legislature may designate greater, but not lesser, penalties for violations.

4) Self-executing -This provision shall be self-executing except where legislative action is required in subsection 2)(d) to implement registration of weapons lawfully possessed prior to the enactment of this subsection or in subsection 3) to designate a more severe penalty for violation of this subsection.

5) Severability -The provisions of this subsection are severable. If any clause, sentence, paragraph, section or subsection of this measure, or an application thereof, is adjudged invalid by any court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent possible.

6) Effective date -The effective date of this amendment shall be thirty days after its passage by the voters.

Here is what Gail Schwartz said:

“She is intentionally lying about our amendment to Floridians. We are not looking to ban anyone’s hunting rifles, that would be absurd,” said Gail Schwartz,

If you parse her sentence, very carefully, she could be considered truthful.

First, the proposed Constitutional amendment does ban enormous numbers of hunting rifles. Nearly all semi-automatic hunting rifles fit the definition. Virtually all .22 rimfire semi-automatic hunting rifles (the most popular kind) fit the definition.

But, when saying “anyone's hunting rifles,” Schwartz could claim she is only talking about hunting rifles currently owned by individuals, not, “Marlin's hunting rifles,” or “Remington's hunting rifles” or “Ruger's hunting rifles.” Rifles currently owned by individuals will not be banned. They will be required to be registered within the first year after the ban is put in place. Rifles that are registered will not be banned, for now.

There is no provision for more of the banned rifles to be added in the future. The current rifles would be “grandfathered.”

In New Zealand, semi-automatic rifles that hold more than ten rounds were recently banned.  The government has encountered great difficulty in confiscating them because they do not have a comprehensive registration system.

If you own your hunting rifle, you can keep your hunting rifle… for now. If you want to own a similar hunting rifle, legally, in the future… too bad.

The reader can make their own determination about who is lying. It depends on the meaning of “anyone's.”

All of this will have no effect on mass murder and only punish the lawabiding.

Why? Consider parts 2)  b) and c).  The amendment does not apply to guns that are not semi-automatic, or to handguns, most of which are semi-automatic. Handguns and non-semi-automatic rifles and shotguns have been commonly used in some of the most horrific mass murders.

Semi-automatic rifles are used, by themselves in only 13% of mass public shootings. They are used in conjunction with other firearms in another 15%. They are not used in 72% of mass public shootings.

Mass murders have commonly been committed without guns. The latest, in Japan, was by arson.  Eighty-six were killed with a truck in France.

An old, organizational axiom is never bring a problem to the organization structure without a solution.

How can we drastically reduce these mass public killings with firearms? Change the driving force behind them. Stop the copycat effect. Stop the media from promoting them for profit and ideology.

Voluntary, small changes in media coverage of mass killings with firearms could significantly reduce the number of mass murders. Those in the media know this. They prefer to have more mass killings for-profit and ideological reasons. Call it “greedeology.”  They are able to rake in dollars and ratings while pushing for more infringements on the Second Amendment. For them, a mass killing with a firearm is a “win-win.”


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.

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    ExGobBobtomcatWillras52 Recent comment authors
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    ExGob
    Member
    ExGob

    Any firearm can serve as a defense weapon or as an ‘assault’ weapon, depending on who has it in hand. Fully automatics are already illegal without a special permit, so the antis are currently working to ban everything else. The antis would not be satisfied with a ban on the dreaded AR-15 and all other semiautomatic firearms; they want all firearms outlawed and all ammunition as well. So don’t try to meet them in the middle with a compromise; resist their every effort. Your life might depend on it if you’re a law abiding citizen.

    BE PREPARED!

    Bob
    Member
    Bob

    There are certain people in this world you hope get hit by an air drop of hammers.

    ras52
    Member
    ras52

    Those liberals Wild Bill mentioned have taken over Northern and Eastern Va. That is why we have Ralph Northam as governor. Us country folk do not like him or his Lt. gov. and AG. A slim Republican majority in the house and senate keeps them from enacting more BS gun laws on us. People of Western Va., get out and vote this fall, help expand our majority in House and Senate.

    Will
    Member
    Will

    @Longscout,TEXAS,LIKE A WHOLE OTHER COUNTRY !

    james
    Member
    james

    Assault Weapon is the modern day equivalent of ‘Saturday Night Special’, an inexpensive handgun affordable to the working man and woman, gun industry responded and made handguns affordable using modern material and manufacturing methods.

    They want to ban anything they can, then the magazines and then the ammo.

    SHALL NOT BE INFRINGED.

    Wild Bill
    Member
    Wild Bill

    @james, the fact that the “Saturday Night Special” campaign was a dismal failure gives me hope for the future.

    Vern
    Member
    Vern

    They describe an assault weapon as a semi-automatic rifle. Actual assault weapons are fully automatic, the morons going after the “assault” weapons have also identified BB guns as assault weapons because they have a CO 2 pod under them.

    Longscout
    Member
    Longscout

    BAWN to lose!

    Tionico
    Member
    Tionico

    I recently spent two days as part of a team instructing a group of twnent Civil Air Patrol Cadets in an intensive programme of rifle marksmanship. Some had never had a rifle in their hands before.

    I wobder what the politicians in our state would think if they realised that we had twenty Cadets firing collectively some twenty thousand rounds through “assault weapons” as currently defined in state law.

    USMC0351Grunt
    Member

    It is the poor demented bastard that thinks they’re going to disarm the American citizen, it is the dumbass politician that thinks they’re going to come up with a draft of legislation to top the 200,000 + anti-gun laws that never worked in the first place. What’s really funny is they keep going after the AR-15 semi-automatic rifle and don’t say a damn thing about all of this the American citizens that own belt-fed M2 Browning machine guns 9 mm subguns Westinghouse chain guns and all the other great toys that we use during full automatic machine gun shoots! Stay… Read more »

    USMC0351Grunt
    Member

    Semper Fi Mac! I will see you in the trenches.

    As for the rest of you either shoot, reload, or bake biscuits!

    KenW
    Member
    KenW

    Florida Republicans caved and the legislation asked for was passed after Parkland. What THEY didn’t get was an assault weapons ban. Our so-called pro gun Gov. & AG knew that would pass. The biggest problem with these constitutional initiatives is that it amends the state constitutional and is not legislation that can be debated amended etc. I read years ago where it is usually good policy not to amend your state constitution at the ballot box. Most voters do not have and or do not take the time to read into the overall aspect of these initiatives and vote on… Read more »

    USMC0351Grunt
    Member

    @KenW, you mean it was the voters in Florida that ALLOWED the politicians to cave, don’t you? Or Rd constituents in Florida being led around by their noses of their “elected and appointed” kings and queens?

    willyd
    Member
    willyd

    After this past weekend all of the Anti-Gun people will be knee jerking, ban all guns, do extreme back ground checks, all for the Common Sense, of Dis-Arming and doing away with the Second Amendment Completely!!!!!! What is really wrong is that every nut that gets their pantyhose all bunched up and just wants to do damage is going after the general public, they aren’t helping their cause, except for maybe advancing their chance of committing suicide, which the Red Flag Laws that are in place are supposed to stop, these nuts are going to do it regardless, the only… Read more »

    USMC0351Grunt
    Member

    Actually if you think about it if we utilize the power of the red flag laws we can have all of these nut jobs disarmed and incarcerated Braven thinking about going after the Second Amendment as the cause to their own mental dilemmas?

    joefoam
    Member
    joefoam

    We gun owners have allowed the term ‘assault weapon’ to become part of the lexicon. It continues to be employed as a method of instilling fear into the uninitiated non gun owner driving unfounded fears. The premise that guns are only for hunting is also a dodge on the truth. Nowhere is it written that guns are for hunting only, ignoring the multiple uses for weapons. Also the notion that the LEO community is allowed to own the ‘dangerous’ weapons should be a red flag for any sane person. Why should they be allowed to use them to ‘protect and… Read more »

    Rockman1977
    Member
    Rockman1977

    Most fire arms have extended mags that hold more than 10 rounds. Is 10+1, this adds up to Eleven, in any politicians mind. Also note,, they left it open for GOVERNMENT and Government Agents to have and use all guns banned to civilians!!! In that lies the truth to the “End Game”! GOVERNMENT CONTROL OF CIVILIAN POPULATION DEPENDS ON DISARMING THE CITIZENS, By Hook or by Crook, Unpopular rulers only stay in power as long as their Government Agents have superior fire power!! The Fathers of the Republic knew this day would come! They tried to ensure we would have… Read more »

    Heretic
    Member
    Heretic

    There is no such thing as an “assault weapon”, it’s a made-up term intended to scare those who are ignorant about firearms. “Assault” is a verb, not an adjective. Our 2nd Amendment is not about hunting. The 2nd Amendment was put in place to ensure that the citizens would have the means to oppose a tyrannical, over-reaching government. Much like we have now. NEVER allow your civil rights to be taken away, no matter what reason is given.

    Get Out
    Member
    Get Out

    Is there anyone out there that believes they’ll stop at just semi-auto rifles if this gun control scheme were to pass? Good trick to get you to register a weapon that’ll be subject to other laws they’ll get around to passing later.

    Huapakechi
    Member
    Huapakechi

    Registration is the first step to complete disarmament.

    Get Out
    Member
    Get Out

    Concur, they’ll want those guns later and they’ll know where to go to get them too.

    Alan1018
    Member
    Alan1018

    The wording seems pretty clear to me. it bans any semi-auto CAPABLE of accepting a magazine that holds more than 10 rounds. So any pistol without a heel type magazine release is banned.

    ras52
    Member
    ras52

    This bill would be the first bite of the apple for BAWN. We all know what their true intentions are. Dean is right about the media, they love mass killings, to further their agenda and their profits.

    einsteinsdaddy
    Member
    einsteinsdaddy

    Once again… …if some responsible media outlets starting referring to a shooter as “some impotent Loser” instead of by name, hopefully others would be shamed into following. No Fame, No infamy.

    nrringlee
    Member
    nrringlee

    You have to distinguish between fatal conceit, F. A. Hayek’s term to describe ignorance of all issues relating to a question of policy and outright lying. Either way, this law is trying to capitalize in the ignorance of the general public on the particular matter of magazine capacity and action type. “Assault rifle” or “assault weapon” is not a term generated by the military or shooting community. It is a slick piece of hyperbole crafted by propagandists at the Center for Disease Control in 1992. I carried M-14’s and M-16’s for three decades in the Marine Corps. Trust me. We… Read more »

    einsteinsdaddy
    Member
    einsteinsdaddy

    Love your country… …fear your government.

    Tionico
    Member
    Tionico

    noWE love our country, the politicians that WE employ to manage it must FEAR US.

    They don’t, rather consider us their vassals. And therein is the root of the problem

    Will
    Member
    Will

    @Tio,but somewhere along the way politicians think we are subservient to them !

    Will
    Member
    Will

    @einstein,if I remember correctly,and according to the US Constitution,…We the people,are/is the government ! We really shouldn’t fear ourselves in the United States of America !

    Wild Bill
    Member
    Wild Bill

    @nrr, Yes, instead of collecting our name and other identifying information for a background check, which presumes that the buyer is a bad person, until proved otherwise, why not send out a list of convicted persons that can not legally purchase a fire arm? Like they used to send out wanted posters. I think what the Anti-Second Amendment Civil Rights politicians, bureaucrats, and hard core libtards really want is a list of our names and identifying information.

    tomcat
    Member
    tomcat

    @ rringlee They are learning from history, they hate history, but the recent developments in New Zealand has shown them that they must have a registration of guns or they don’t know who owns what. Those people are smart enough to shut up and keep their guns out of site so the elites don’t know how to go about confiscation. I hope citizens of this country can be as non-compliant.
    Trump said today that they need stronger background checks. How can they accomplish that, take blood/

    freewill
    Member
    freewill

    My 22 marlin holds more than 10 rds…

    Huapakechi
    Member
    Huapakechi

    My old Model 60 holds 18, does this make it twice as illegal in the eyes of the hoplophobes?

    Jaque
    Member
    Jaque

    THE RATS BEHIND FLORIDAS BAN ALL GUNS ACT

    https://bawnfl.org/leadership.html

    Jaque
    Member
    Jaque

    “WERE NOT TALKING ABOUT TAKING ANYONES HUNTING RIFLES” SAYS THE COMMUNISTS.

    THE BIG LIE. JUST LIKE KING GEORGE, STALIN, HITLER, AND ALL OF HISTORYS DESPOTS.

    Huapakechi
    Member
    Huapakechi

    If they didn’t lie they would be run out of the country, or at least back to the liberal enclaves they came from.
    They seek to disarm us “for our own good”, but deliberately ignore the history of those countries which have disarmed their people.

    Wild Bill
    Member
    Wild Bill

    @J and Hua, If our ancestors would have killed the socialists and anarchists, we would not have had the chaos of the 1960, or the dire threat to our republic, now. Don’t you just love it when those blue nosed, holier-than-thou, Eastern liberals decide your life for you, because they have your best interest at heart. Its the tyranny of good intentions.

    Longscout
    Member
    Longscout

    Wild Bill; Not all of us in the East are blue-noses, holier-than-thou, or so-called Liberals — indeed, very few are — so it’s a bad call and unworthy of you. If we wish to offset the influence of those you have described, we ought to find ways to effectively state our case, including taking away the excessive influence of metropolitan area-based news and publishing centers — perhaps by rebuilding our own in that Middle America known as ‘flyover country’ — and finding ways to respond to the pretentiousness of the antigun educational institutions, antigun educational unions, antigun ‘scientists,’ and antigun… Read more »

    Wild Bill
    Member
    Wild Bill

    @Lscout, If you have excellently observed that you do not fit in the class, then all that follows does not apply to you. However, when you write,”… indeed, very few are…” then how how do so many gun grabbing petty dictator politicians get elected?
    I think that you have your finger on the pulse regarding that rebuilding thing. Pick some “not corrupted by a party, yet” candidates, and throw a barbecue to support them, find financial backers for them, and don’t forget to wear your barbecue gun. Start with the school boards.

    Will
    Member
    Will

    @Longscout,the scumbags at the NRA doing everything for us ? What an idiotic statement,even for an Eastener like you ! Them SOB’s at the NRA can’t even take care of themselves because we,the members,have shut down the cash ! POS LaPierre can’t find anything to steal right now. Please all of you very content easterners,stay in the east ! Just like the left coast fools stay in Kali. I cringe when I see out of state plates in Texas from the east coast and west. I try and send them and their voting histories along their way out of Texas.