Bloomberg Wrong On Jeannemarie DD

By: The Donkey
Published On: 11/1/2007 4:44:31 PM

As this goes to post, New York City Mayor Michael Bloomberg is appearing before the press in the Wright room at Virginia's Dulles Hyatt to endorse Jeannemarie Devolites Davis because - he claims - Jeannemarie introduced legislation that would "close the gunshow loophole." Ms. Devolites Davis says that her proposal would make gun show sales safer by requiring instant checks of police records.

But had Mayor Bloomburg cared enough to read the failed "loophole" bill Jean Marie sponsored last year, he would realize that Jean Marie's proposal actually would have opened a new loophole in gun liability law that would let firearms dealers off the hook for irresponsible gun sales.

Sen. Devolitis-Davis's proposal entitled "Firearms; civil immunity for sellers, and requires criminal records check on transfers" provided in part:

-º 8.01-226.12. Immunity for sellers in firearms.
Any person who sells, transfers, or trades a firearm shall not be liable for any claim arising from, or in any way related to, the use of the firearm by the purchaser or transferee in the commission of any crime, provided that the seller has obtained a criminal history record information check . . . .

In other words, the failed bill would have explicitly immunized irresponsible gun sellers who use the "instant check" system.
Let's say you have some drooling homicidal nutcase shuffling through a gun show: cackling madly, he ambles up to a table and says he shopping for "a pistol that would be good to resolve a domestic situation - heh, heh, just kidding, heh, heh."

Firearms dealers would alert the police (who are present at gun shows as a matter of course), or chase the loony off. Even the most callous peddler would know that under current law, selling a gun to the guy could be grounds for a "negligent entrustment" suit, which allows survivors to sue a dealer who sells a gun to an obviously demented person who then uses the weapon to kill a third person.

But under Devolites-Davis's bill, anyone who uses the instant check system could sell a .44 magnum to this murderous mumbling booby without fear of lawsuit from the soon-to-be-bereaved.

It is rather debatable whether any "gun show loophole" really exists: the "gun show loophole" is an appealing slogan for politicians who trade on the false image of gun shows as wide-open arenas for unregulated gun sales. But actually, almost all gun sales to the public at gun shows already go through the same instant check system that would be conducted at a sporting goods store. Retail gun sellers are already required to do instant checks at gun shows. Private sellers -- like the widow of a gun owner who goes to a show trying to rid herself of an unwanted heirloom - continue to be governed by the same laws that would apply to her everywhere else:

In other words, there is no instant check for our widow at a gun show -- where she will probably sell the gun to a licensed dealer anyway -- anymore than there would be if she sold the gun from her kitchen table.

But phrases like the "kitchen table loophole," "next-door neighbor loophole," and "guy-I-met-in-church loophole" do not make such good copy.

Devolites-Davis's hypocritical posturing about "loopholes" comes as no surprise to those who have followed her career in this area, where she publicly advocates essentially symbolic gun control, while acting to block more aggressive gun control measures.  For example, in 2004  Devolites-Davis voted "yes" to confirm the Dillon Rule -- the state's prohibition on local gun laws.

Typically -- as the price for this particular meaningless measure -- Devolites Davis will alter Virginia's laws so that they do not hold anyone liable for "negligent entrustment" at a gun show, be they an irresponsible gun dealer, or a well-meaning but doddering widow.

Ignoring her own record and cynically exploiting the imagery of guns and gun shows in the aftermath of Virginia Tech, Devolites-Davis demagogues an emotionally sensitive issue for political gain. Devolites-Davis deserves no credit for misrepresenting a bill that would immunize irresponsible gun sales to would-be killers.


Comments



Police Endorse Chap! (Lowell - 11/1/2007 5:24:47 PM)
Police Union: Chap Will Keep Fairfax Safe

Police union announces endorsement, criticizes Bloomberg visit

FAIRFAX - On Thursday, the International Union of Police Associations, AFL-CIO (I.U.P.A.) announced its endorsement of Democratic candidate Chap Petersen in the race for the State Senate in the 34th District of Virginia.

"Chap has always stood out for his continuing support and advocacy for both the public safety and the brave men and women who provide it,' said Kevin Pittman of the Fairfax County Deputy Sheriff's Local 5016. "That's why our international union took the rare step of endorsing a local candidate. Chap has a strong record of public safety votes, and we know that he will continue to keep Fairfax safe."

The International Union of Police Associations, AFL-CIO represents more than 100,000 law enforcement offices in the United States including several thousand in Virginia alone, at least half of whom serve in Fairfax County.

Marshall Thielen, President of the Fairfax Coalition of Police, also praised Chap's candidacy and commented on Chap's opponent's unusual endorsement today by Mayor Michael Bloomberg.

"I think most Virginians will find it odd that someone would seek the endorsement of a New York City mayor," Thielen said. "The last thing we need is a lecture from New York City in how to keep Fairfax safe. We've already got one of the lowest crime rates in the country.

"Perhaps the New York Mayor should take care of his own problems, instead of stepping on the toes of the Virginia law enforcement community yet again."

Petersen, running against incumbent Jeannemarie Devolites Davis, stressed the importance of fully funding law enforcement officers in local communities. Petersen said he was proud to receive the endorsement of the I.U.P.A.

"Standing here with local electeds and law enforcement leaders, I am filled with great pride at our public safety record in Fairfax," stated Petersen.  "Yes, we can always do better.  But we will do so by working together, not by going behind each other's backs. That's all we ask of our sister jurisdictions like New York City.

"We're in Fairfax, not Manhattan. And I'll take the support of our Fairfax police officers and sheriffs over the New York Mayor any day of the week. I'm proud to have the endorsement of the people who keep our families safe."

Petersen is running for Senate in the 37th district, which includes Fairfax City and much of Fairfax County.



Excellent! Seems like the police (The Donkey - 11/1/2007 5:38:37 PM)
would prefer that Fairfax does not become the Big Apple's 6th borough.


God, they should use that line! (DanG - 11/1/2007 6:49:13 PM)
The campaign should really use that line.  That's classic!


Why is Bloomberg sticking his nose in (jiacinto - 11/1/2007 8:40:10 PM)
a race in Virginia? Doesn't he have a city to run?


"Bloomberg has not even met Devolites (The Donkey - 11/1/2007 11:19:04 PM)
Davis, but has known her husband, Congressman Tom Davis, for years. The mayor rarely gets involved in local campaigns outside of New York, and has never done so in a legislative race," according to AP & Channel 8 .


JDD is lying about spending her husband's money because she can't raise her own (Andrea Chamblee - 11/2/2007 6:42:28 PM)
The story also says:
Davis, the wife of U.S. Rep. Thomas M. Davis III (R-Va.), is also spending her husband's political money. Her most recent campaign finance reports show that the congressman gave nearly $200,000 in an in-kind donation by purchasing TV advertising time. According to the State Board of Elections, such an ad must disclose the name of the purchaser, but the ad in question states: "Paid for and authorized by Jeannemarie Devolites Davis."


$438,000 from Tom to JMDD (The Donkey - 11/2/2007 7:07:37 PM)
according to VPAP.

That's a lot of dough, even for the dough boy!