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Lowell City Council at it again - ban all the replicas

RLBreton

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Just wanted to share: in spite of firm opposition, the City Council passed a city ordinance tonight banning the sale or possession of "replica guns" on a public way, 7-2. I argued that a similar state bill (H3476) was just sent for judicial review instead of getting out of committee because it likely violates Federal law. They didn't give a shit. I am awaiting full text of the ordinance, but what I saw tonight is so incredibly vague, allows for confiscation of your property by police as they see fit, and puts in place a $50 fee to get your property back...and you only have 24 hours to do so. What this means for reenactors or those who do Cowboy Action, is anyone's guess. Or my kid across the street in the State forest with his Red Ryder. The Solicitor stated that one's LTC would cover any real firearms, but there was none of that specified in the ordinance as I read it. I asked Councilor Mercier to ask for clarification (since, you know, once the public speaks, they aren't allowed to ask any further questions) on where it states what the Solicitor was saying, but it was dismissed, as this ordinance is "about replica guns, not real ones".

They are completely lawless. I am looking into getting them all recalled, but I doubt I'll have much luck.

3 fingers of Makers 46 are calling my name...
 

thorin

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I would think this would be ripe for a lawsuit, of course you need a plaintiff and $$$ but it seems to clearly go against the federal preemption defined in United States Code, Title 15, Section 5001
"(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section shall supersede any provisions of State or local laws or ordinances which provide for markings or identifications inconsistent with provisions of this section provided that no State shall
(i) prohibit the sale or manufacture of any look-alike, non-firing, collector replica of an antique firearms developed prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to minors) of traditional B-B, paint ball, or pellet-firing air guns that expel a projectile through the force of air pressure."
 
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Not surprising really, you have an idiot for a Chief and Idiots for a City Council who go hand and hand. And don't kid yourself with Mercier shes lock and step with her cohorts she just plays it off that shes on our side. Its good to see the City of Lowell has a surplus of tax payer funds available for the multiple law suits coming its way.
 
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Banning toys in the name of 'gun safety' is simply another example of how the country is going full blown Nazi!

Yup and notice its not about OUR! safety its about the safety of the Tin Badge crew from making a mistake...or in this case the new and improved ( stealth ) SS

I guess Replica Ninja Swords and Knives are permissible to carry out in the open per our Betters... ( Wipes forehead ) so glad these people have us protected, after all people don't die from knife attacks.
 
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Damn, Lowell is really going all out to become known as the shitstain of MA. Won't be long now until the city's got its own thread here like the "WTF is wrong with Florida??" one in Off-Topic.
 

pastera

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The problem with Title 15, Section 5001 is that it pre-empts bans on manufacture and sales not possession so Lowell might be able to get away with this for a while before getting slapped
 

thorin

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The problem with Title 15, Section 5001 is that it pre-empts bans on manufacture and sales not possession so Lowell might be able to get away with this for a while before getting slapped

I thought the ordinance also prohibited sales & manufacture? Wish I could find a copy of the actual text, all I could find was a poorly written news article
 
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Do re-enactors frequently walk down mainstreet?

Before the Lowell Spinner's game, yes. The re-enactors dress up as Minutemen and march through the public streets with their rifles alongside the crowd as they enter the stadium. This ban is to help address the issue with policemen not knowing the difference between real danger and townspeople having good community fun. (sarc)
 

inkdesigner

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How about this from the article:

"Murphy told FOX25 that Halloran was allowed to continue working because even though it was a violation of police regulations it was not an incident that threatened public safety.“Where do you draw that line? That's something that's troubled me. In this case, it was a BB gun, what if it was drugs? You do have to draw a line,” he said."

If an incident where a BB gun is used to shoot another child in the mouth is not an incident where the public safety was threatened, then why does Lowell need a ban on "replica firearms"?
 
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