When a ban isn't a ban at all
Assuming Gov.?John Hoeven signs it, a new law will take effect Aug. 1 that will prohibit the sales of bottle rockets in North Dakota. But it won't be illegal to possess or shoot off the little fireworks.
Here's a scenario that could play out sometime in July 2010:
Police officer: "Excuse me, son, but are those bottle rockets you're shooting off?"
Teen: "Um, yes sir."
Officer: "You know, according to the 2009 North?Dakota Legislature, selling or distributing bottle rockets is illegal. They could cause an eye injury."
Teen: "Yes sir, I know that. But I'm not selling them or distributing them. I'm just shooting them off, outside Minot city limits, of course, because that would also be illegal."
Officer: "Well, see that you don't sell them to any of your friends. By the way, where did you buy them? They look like good ones."
Teen: "Um, I bought them in South Dakota, since I?knew it was illegal to buy them in North Dakota. But I brought them back here so my friends and I could shoot them off."
Senate Bill 2366 needed at least 48 votes to pass this past week, and that's exactly what it received it passed by a 48-42 vote. It goes to Hoeven for his review.
We're certainly not downplaying the potential for injuries caused by fireworks. Unsupervised children and fireworks is a bad combination. But there are responsible parents who do their best to insure their childrens' safety when using fireworks, although accidents can and still do happen.
But this bill makes no sense because it's virtually unenforceable. The above scenario will almost certainly take place. An officer could do nothing but watch if a person of legal age was shooting off bottle rockets in a legal place. Who would know where the bottle rockets came from?
If the state wants to pass a ban on bottle rockets, then do it. Make it illegal to sell, distribute or possess them. But SB2366 has absolutely no teeth in its present form, and it would do no good should Hoeven sign it, which he shouldn't do.
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Minotian
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03-24-09 1:04 PM
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Thank the state Optometric association and Dr. Dunderland in Bottineau. They're really looking out for us!! Wow! What a stupid bill.... and many legislators want to go year around??? Why, so they can continue to pass garbage like this??? North Dakota = Nanny State. Regardless of the economy, moving outta here looks better and better everyday.....
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WarToad
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03-23-09 1:09 PM
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This bill is so bass-ackwards I swear my kids wrote it. Unless the firecracker lobbiests were behind it. With fewer bottle rocket sales, more firecrackers will be sold. BRILLIANT!!!
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Shorty
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03-21-09 12:27 AM
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If this is all the North Dakota Legislature can come up with, then we as a state wasted our money. The way it is put in this editorial, I agree with the editor
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