[BoulderCouncilHotline] Further thoughts on an assault weapons ban referendum

[Weaver, Sam]

Fellow Council Members and HOTLINE followers,


We have heard pro and con thoughts from some members of the public regarding the potential for a referred measure for a public vote on an assault weapons ban (AWB).  I have also spoken directly with some gun violence experts to gather their input.  In this message I hope to clarify my thinking about why I think Council should consider a referred AWB ordinance.  I put these thoughts forward now so that we can hear back from the public their own thoughts on the specific considerations around this decision.



Before I list the potential advantages I see in a vote, I want to first say that I did not suggest this possibility because I don't want Council to take heat for this issue. If we send it to a vote, I will publicly campaign to pass the AWB (and so will many other Council members, I would guess).  If a majority on Council would rather pass it as a Council measure sooner, I will vote with them. However, I see multiple benefits in having the action be through public referendum:



1)           A pubic YES vote definitively refutes the argument that a majority of Boulderites oppose the AWB.

2)           A public YES vote removes the rationalization of some AW owners that 'the government is grabbing my guns' so I will not register.

3)           A public YES vote may have an effect on a judge that a Council-passed measure may not.  While legally both have to pass the same constitutional test, the balance between home rule authority and the state weapons law pre-emption, I feel there could be some psychological benefit of a public YES vote in court.

4)           Keeping this subject open for discussion for 6 months leading up to the election, rather than a Council action by summer, has the knock-on effect of keeping the community dialogue going on gun violence and local solutions.

5)           A public AWB referendum may well bring out additional voters, especially young voters, who bear some of the most egregious psychological burdens from these issues.  And, sadly, sometimes bear horrific physical outcomes as well.

6)           A public vote is a stronger, more notable, and more news-worthy process than a Council action.  If part of the motivation for an AWB is to pressure other politicians to take action, and it is, then a vote of the public is more powerful in this regard.

7)           Testing public support of an AWB, which I believe would pass handily in Boulder, could give other communities the electoral confidence to proceed with their own similar actions.  Surveys are not as powerful as votes.

8)           Allowing the public to directly weigh in is the height of local public democracy.  On many issues, Council representatives should shoulder the burdens of difficult decisions, and we often do. In this case, I feel the passionate public division and the fact that we will be making an important decision with state and Federal constitutional implications warrants a public vote.

9)           Boulder has a very long history of asking our voters to weigh in on big questions, for many of the reasons above.  Blue line, open space, municipal electric utility, and the carbon tax to name some.  Once the public votes on these big issues, they become harder for other Councils to change, because they were the clear and direct electoral will of the people.

10)         If the NRA gets significantly involved in a referendum, which I think is quite open to question since they have much bigger national races to deal with, local AWB support groups can seek national money as well.  They can do so in any case, which will further raise state and national consciousness around the public desires on this issue.

11)         A public YES vote tells this and future Councils that our community wants to expend the funds required to defend any passed AWB measure at all levels of legal appeal, regardless of the financial cost.



The thought that, as some have said, I or other Council members are buckling to NRA pressure by having these discussions is not at all the case.  I have not heard from them or their representatives.  I will support and campaign for this AWB ban if we choose to refer the measure.  As I said before, if a majority on Council would rather pass it as a Council, I will vote with them.  But I see the advantages listed above as important political considerations, so I have raised the issue.  Not on the list of my political considerations is concern with what the NRA thinks about my or Council's position.



I appreciate our community for raising this issue to us, I appreciate Jill for bringing it to Council, and I look forward to hearing back from our Boulder community about how best to proceed.



All the best,

Sam Weaver
Member of Boulder City Council
weavers at bouldercolorado.gov<mailto:weavers at bouldercolorado.gov>
Phone: 303-416-6130

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