Schoenbeck gun ban: the facts
State Senator Lee Schoenbeck and other politicians in Pierre are continuing their misinformation campaign concerning the gun ban passed in Senate Bill 43 (for background on this issue, click here).
Unfortunately, even a few gun rights supporters have been taken in by their half-truths. One lobbyist in particular has taken offense at SDGO’s stand against the Schoenbeck ban and has begun spreading the misinformation. Here are a few of the half-truths and falsehoods that are circulating.
Half-truth # 1
Federal officials will lift the federal life-time Lautenberg ban for some South Dakotans if South Dakota passes the one-year Schoenbeck gun ban.
Fact
It is correct that federal law provides avenues of relief from the Lautenberg ban. While it is also true that one of those avenues is a restoration of civil rights, the idea that a one-year gun ban must be recognized as a restoration of civil rights appears to be based on nothing more than a wish and a prayer.
The BATF is the federal bureaucracy that enforces the federal ban. In their position papers on the subject of relief from federal firearms prohibitions, they do not include the right to bear arms among the civil rights listed. On top of this, they do not even refer to gun rights, but to “firearms privileges.” So while we certainly believe that the right to bear arms is a civil right, it is clear that the BATF may not.
Furthermore, we are all aware that the concept of the right to bear arms as an individual right is under attack on the Federal level. Clearly, the Federal courts are questioning the argument that gun rights are indeed a civil right.
Half-truth # 2
The Schoenbeck gun ban was drafted with the help of the NRA and is endorsed by them.
Fact
According to NRA-ILA Liaison Keith Wood, the NRA did make suggestions to Sen. Schoenbeck concerning his legislation. These suggestions were not taken. Furthermore, Mr. Wood stated that as of 1/26/05, the NRA has not endorsed the Schoenbeck ban, nor are they likely to do so.
David Conway, lobbyist for NRA affiliated South Dakota Shooting Sports Assoc., does favor the Schoenbeck ban. However, this is in no way an endorsement from the NRA.
Falsehood # 1
No one would be prosecuted under both the Schoenbeck gun ban and the federal Lautenberg ban.
Fact
The Schoenbeck ban creates a new crime in South Dakota for firearms possession. It is absolutely undeniable that it could increase the penalty for anyone who has been trapped by the federal ban and who subsequently uses a firearm for self-defense. In such a case, the proposed state ban would add a state misdemeanor to the current federal felony charge for violating this horrid ban.
Falsehood # 2
Anyone who opposes the Schoenbeck ban obviously has no concern for gun owners who have been victimized by the federal Lautenberg gun ban.
Fact
The Schoenbeck ban actually increases the penalty for folks who have already been victimized by Lautenberg. SDGO opposes the Schoenbeck ban because of the effect it could have on these people.
Falsehood # 3
The Schoenbeck ban is not retroactive.
Fact
The proposed ban goes back and adds prohibitions for one year. There are those in the Legislature who have been working to increase this to five years. If it is passed, the ban can be increased to whatever the anti-gunners can get away with.
Those who are making the claim that the Schoenbeck ban is not retroactive are in the same breath trying to give the impression that it will go back and retroactively help folks who have been trapped by the federal ban in years past.