There Ought To Be A Law!

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There Ought To Be A Law!
by Dave Gibson, Columnist

March 31, 2004

Dave Gibson Unfortunately far too many lawmakers in these United States, take that statement to heart. Across this nation, state legislators are constantly proposing and unfortunately passing laws which are aimed at a citizenry, deemed unfit to care for itself.

Helmet laws, seat-belt laws, waiting periods to purchase handguns, and incredibly rigid and generally useless DUI laws are turning our roadways into a police state. These laws are much less about public safety, and more about putting money into our local and state coffers. The fines which are imposed for these ever increasing infractions function as another way of taxing an already over-taxed populous, while constantly eroding our personal freedoms.

We are told that waiting periods to purchase handguns for instance, somehow save lives. This is complete hogwash! We all know that no criminal, planning a robbery is going to purchase a weapon from a legitimate gun store. Why should he? He can go out onto the street and purchase a stolen gun for much cheaper, and there is no record of the purchase.

We have also heard the absurd argument offered up by anti-gun activists that a waiting period can save the life of someone who is contemplating suicide. A three-day cooling-off period could ‘save their life.’ Why couldn’t the potential suicide victim just slit his wrists, or overdose on prescription pain pills? Should there be a waiting period when ordering a set of Ginsu knives from a late night infomercial? Should the pharmacist subject us to a background check, when presented with a prescription for doctor-prescribed pain relievers?

The cold, hard fact is that gun control laws do not save lives. Waiting periods, purchase permits, concealed-weapons laws do nothing except help prevent honest citizens from protecting themselves. Do you think that a drug-crazed armed robber, gives a minute’s thought to whether or not he should hide his gun under his shirt--in fear of violating his state’s gun laws? Gun laws actually embolden criminals because they know that the people they will target for victimization, are less likely to be armed because of those laws.

Here in Virginia - (just in time for the holidays) - a law went into effect, which banned live Christmas trees from apartments and condominiums. The law went into effect on October 1st; however the public was only made aware of the ban a few days after Thanksgiving. There was such public outrage over the measure that a local fire marshal here in Hampton Roads, announced that the ban would not be enforced this year. Perhaps, he did so because he saw the law for what it is...nonsense, or perhaps because he also knows it is virtually unenforceable.

The current favorite topic of lawmakers is of course DUI laws. A few months ago in Virginia, a “DUI Summit” was held. The one day conference mostly consisted of local state legislators talking tough about drunk drivers and searching for news crews to help bolster their own image. Of course, representatives from MADD (Mothers Against Drunk Driving) were in attendance, giving their modern-day temperance movement speeches. This year’s Virginia General Assembly session (which just ended) saw more than 70 new DUI laws proposed! That’s almost one for every member of both houses of the Virginia legislature! Posturing is something that all politicians can usually approach in a non-partisan way.

The state of Ohio has enacted a law which will force first-time DUI offenders, to use a specially colored license plate. The scarlet-colored tag will signify to everyone that they have been charged at some point with a DUI (unless of course, a family member happens to be driving the car). I don’t know about you, but this seems a bit Orwellian to me and of course...unnecessary.

The tactic which angers me the most and forces me to ask the question: What country is this? Are the so-called “sobriety checkpoints.” For anyone who has ever encountered one of these ‘Soviet’ style functions...I am sure that you have felt the same way I do. Traffic is backed up for miles, you are stopped and asked for your papers, questioned as to whether or not you have been drinking that day, and finally when they can find no apparent infractions...you are then given “permission” to continue on your travels.

I have always questioned the constitutionality of these checkpoints. Even if they find an infraction, I do not see how the charges can stick. The police do not have probable cause to stop everyone who happens to be unlucky enough, to be traveling on that particular stretch of highway. I also doubt their effectiveness. Contrary to what your local and state officials may have told you...Only two percent of people taken into custody at “sobriety checkpoints” are arrested for DUI, the vast majority of the arrests take place for outstanding warrants, and other unrelated charges.

In conclusion, no politician will ever have the guts to confront MADD or Sarah Brady nor anyone else who has suffered a tragic loss and has chosen legislation as a form of therapy. Politicians not being the bravest bunch of folks anyway, will continue to enact more ’feel good’ legislation, laws which have no real effect on hardcore criminals, yet seem to make criminals of all of us. ***

Photo of Dave Gibson courtesy of staff files