(4-8-2006) The House Environmental Matters committee today gutted the range protection bill (SB 907) with an amendment that would reverse the bill's intent: instead of protecting legacy gun ranges from predatory attacks by the Maryland Department of the Environment, it would give MDE *more* ways to attack a shooting facility.
The original bill - which passed the Senate by a wide margin and had strong bi-partisan support - was a corrective bill, to close a loophole and bring state code into line with the legislative intent of the major land-use policy enacted by Parris Glendening in 1997. Nearly a decade later, MDE shocked observers by using its power to intervene in an otherwise private dispute between neighbors, a clear overreach of the authority granted to it for purposes of public actions.
The amendment which went on the bill today would enable MDE to consider the "types of weapons authorized for use at the range", and authorize a nuisance suit if this changed. What were proponents going after? Assault weapons. If a gun club range's members were seen by MDE as shooting over time more "assault weapons, machine guns or unauthorized" firearms, the state would gain standing to bring suit as if the club were a public nuisance. Note the important difference: it would not matter what is the noise level - just the type of gun used would be the deciding factor.
At this late point in session, it seems likely that 907's proponents will be able to kill the bill rather than allow it to go forward into a net loss for ranges across Maryland.
There's plenty enough time for analysis, but blame for this outcome rests squarely with House majority leadership. No bill should be submitted without a realistic plan for how it can be carried the distance, and SB 907 was no different. After a bill with such strong bipartisan support showed up at his chamber, observers had every reason to expect Speaker Mike Busch would ensure the measure sponsored by his Senator, John Astle, would get smooth sailing. Proponents were busy counting votes on the floor when we learned unexpectedly that Speaker Busch's reach (or interest) apparently went only so far as ensuring the bill got a vote, but not so far to keep the bill clean.
And who was the champion of the amendment which gutted our bill? Busch's chair of the Environmental Matters committee -- Maggie McIntosh. (That's right: the same Delegate named Sportsman of the year by the Legislative Sportsmen's Caucus is responsible for attacking the ranges where her sportsmen shoot, trying to enable the state to monitor what firearms people shoot at these ranges. Just as we warned!)