While Democrats in states from Rhode Island to Colorado are making semi-auto bans a priority this year, red state lawmakers are (generally speaking) taking a more targeted approach to public safety by going after the offenders themselves and not the guns they use.
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In North Dakota, for example, Republicans have introduced a measure to crack down on repeat offenders as well as those who recklessly endanger the public with a gun.
If House Bill 1225 is passed, the penalty for reckless endangerment, if showing extreme indifference to human life, would be raised from a Class C felony to a more severe, Class B felony. This bill also plans to refine the criteria for extended sentencing of repeat or dangerous offenders.
Ward County’s State Attorney Rozanna Larson said this bill is targeted at gun violence.
“Quite frankly, this is to address the drive by shootings or the shootings that occur in crowds,” Larson said. “Currently, we can only use a Class C felony for that, and we think that using a firearm in these situations elevates it to a Class B felony.”
Larson says that this charge isn’t attempted murder.
“In these situations, I think one of the questions, was why don’t we charge attempted murder?” she says. “Well, because attempted murder, you have to have a specific person.”
In some cases it may be possible to identify an individual who was targeted in a crowd, allowing prosecutors to file a charge of attempted murder, but often in these situations state’s attorneys and police are confronted with witnesses who are reluctant to testify or even cooperate with an investigation. When that happens plea deals are much more likely to take place, but HB 1225 would give prosecutors another tool to use to vigorously pursue suspects instead of cutting them a break.
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When asked by state representatives why it just applies to firearms and not a vehicle, she said this bill should apply to all dangerous weapons.
“It could be amended to intentionally use a dangerous weapon, and that would probably answer your question,” Larson said. “I mean, obviously the state, if we charge that, would still have to prove that that vehicle was still being used for purposes of a dangerous weapon and then go forward from there.”
Just for consistency’s sake HB 1225’s language should probably be updated to deal with “dangerous weapons” more broadly and not just firearms specifically, but as Larson says, the primary impetus for the legislation is to better address shootings that take place in public settings. Attacks using vehicles as weapons aren’t unheard of, obviously, but they’re also not nearly as common as cretins criminally misusing firearms in crowded spaces.
HB 1225 isn’t exactly groundbreaking, and its not going to get nearly as many headlines as, say, Colorado’s sweeping semi-auto ban, but if the goal is improving public safety (as opposed to eradicating a civil right) then the legislation is a much better solution than the gun control measures that are being pushed by Democrats in blue states. If you want to reduce crime, ensure there are consequences for criminal behavior. HB 1225 does just that, while leaving our right to keep and bear arms untouched and unscathed.
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