Gray Davis' Cop-Killing Gun Law
Richard Poe
Friday, Oct. 10, 2003
Gray Davis is gone. But his destructive legacy lives on.
In the final weeks before his ouster, Davis used what dwindling power he had
to hamstring California’s legal and political system for years to come. He
made over 260 last-minute judicial and state commission appointments. Davis also
quietly signed into law one of the most far-reaching handgun bans in the
nation on Sept. 24 – a law which threatens to send many California police
officers to their graves.
Police and sheriffs all over the state pleaded with Gov. Davis not to
sign SB 489. But he ignored them. The law exemplifies a new trend in anti-gun
activism: cop disarmament, a movement which seeks to limit the gun rights of
police officers as well as civilians.
Democrats are the worst offenders, as usual. But the cop disarmament movement
spans both major parties. New York City’s Republican mayor Michael Bloomberg,
for instance, wants to bar off-duty and former cops from carrying weapons in
City Hall. Perhaps His Honor fears that one of New York’s finest might try to
shoot him.
"I don't know why people carry guns," Bloomberg famously confessed.
"Guns kill people ..."
"Unfortunately, Mayor Bloomberg's reaction is not unusual," writes John Lott Jr., author of "The Bias Against Guns" in National Review Online.
"Legislation to let off-duty and retired police carry guns with them when they travel
across state lines is being held up in Congress by a threatened Senate
Democratic filibuster. Sen. Ted Kennedy (D., Mass.), who is leading the threatened
filibuster claims that the measure would 'do great damage to the effort of state
and local governments to protect their citizens from gun violence.' "
Anti-gun activist Sarah Brady also opposes the bill, whose Senate designation
is S253. "[I]t will ... jeopardize public safety," she says
"What is next?" asks Lott. "Banning guns carried by on-duty officers?"
Now California’s lame-duck governor has dealt another blow to police
officers' gun rights. His new law, SB 489, requires all newly designed semi-automatic
handguns sold in California to be equipped with two so-called "safety devices"
by 2007.
The first device is a chamber load indicator, which shows whether or not a
round is loaded in the firing chamber. The second is a magazine disconnect
device, which prevents the gun from firing once the magazine is removed.
Gun prohibitionists are delighted.
"We are so tired and sickened at heart to hear about all the children who die
from guns every day, day after day," said Jane Roth, president of the Million
Mom March's California State Council.
"This new law will prevent deaths all across the country," gushed Eric
Gorovitz, Policy Director for the Coalition to Stop Gun Violence, in a Sept. 24
press release.
In reality, SB 489 seems poorly designed to save any lives at all. Properly
trained shooters always assume that the chamber is loaded and treat their guns
accordingly, with or without a mechanical indicator. Careless or irresponsible
shooters are another story. Chamber load indicators may cause such people to
become even more reckless than they already are. A malfunctioning indicator
could lull careless shooters into assuming that the chamber is empty when it is
not.
The "magazine disconnect" device offers more serious dangers.
"The law enforcement community expressly rejects the 'magazine disconnect'
feature, as it seeks to disable the firearm during a magazine change, a
potentially life-threatening result for an officer in a shoot-out," states a press
release from the Law Enforcement Alliance of America (LEAA), a national
anti-crime organization of law enforcement professionals, crime victims and concerned
citizens.
Davis' bill exempts cops from mandatory use of the new "safety" features.
However, even this exemption creates new dangers for police.
"Governor Davis' bill ... exposes California law enforcement and taxpayers to
additional liability risk," says the Sept. 25 LEAA press release. "The law
officially defines guns lacking these features as 'unsafe guns.' As a result,
nearly every single handgun used by California law enforcement officers will
be officially defined as an 'unsafe handgun,' a notion certain to be exploited
in lawsuits involving police use of firearms."
In short, California sheriffs and police chiefs must now choose between
issuing mechanically unreliable guns to their officers or issuing guns deemed legally
"unsafe." Either way, officers on the street will be forced to think twice before
pulling the trigger – a hesitation that could well prove fatal in a shoot-out.
Anti-gun activists used to tell citizens to leave police work to the police.
Now even cops must fight to retain what is left of their gun rights.
Richard Poe is a New York Times best selling author and cyberjournalist. His
last book, "The Seven Myths of Gun Control," was just released in paperback. Poe’s forthcoming book, "The New Underground: How Conservatives Conquered the
Internet," will be available soon.
His Web site is at RichardPoe.com.
Read more on this subject in related Hot Topics:
Guns/Gun Control
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