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California expanding ban on 'assault weapons' Register, sell, disable or remove guns from state by Dec.31 Posted: July 20, 2000 1:00 am Eastern By Jon E. Dougherty
Unless the state's Supreme Court says otherwise, California is set to increase the number of firearms banned as "assault weapons" at the end of the month.
Effective July 29, barring any official action from the courts, "copycat/clone 'series' AK and AR-15 assault weapons cannot be offered for sale, sold, manufactured or imported into California," said a state Department of Justice information bulletin obtained by WorldNetDaily. "Additionally, such assault weapons possessed prior to July 29, 2000, must be registered on or before December 31, 2000." The July 17 bulletin said state Justice officials were referring to a state Supreme Court case, Kasler v. Lockyer, "regarding the Roberti-Roos Assault Weapons Control Act," or AWCA, which was passed in 1989. The state's high court on June 29 "issued the long awaited decision" reversing an earlier appeals court ruling which had determined that parts of the 1989 law were unconstitutional. "In Kasler, the California Supreme Court" reversed the lower court's ruling, said the bulletin, and "upheld the constitutionality of the AWCA in its entirety." The law was passed after a Jan. 17, 1989, schoolyard shooting in Stockton, Ca., during which a 26-year-old drifter named Patrick Purdy opened fire on 450 students with a Chinese-made semi-automatic AK-47 rifle loaded with 75 rounds. He killed five children and wounded 30 others, plus a teacher. In the emotionally charged aftermath of the tragedy, and the resulting frenzy to "do something" legislatively to prevent a repeat of the incident, the label "assault weapon" -- a military term defined as a firearm capable of firing in both semi- automatic and fully-automatic mode -- was co-opted by those favoring gun control. They succeeded, with the help of the news media, in applying, albeit inaccurately, the intimidating term "assault weapon" to semi-automatic firearms, especially those with large-capacity magazines, pistol grips and other such options. California's ban on so-called "assault weapons" set the stage for the national legislation that followed. According to California state law, the attorney general was given the authority under the AWCA to "add-on additional weapons which are similar to those" already listed as, and defined in, state statutes as "assault weapons." California Penal Codes state that "all AK series and AR-15 series weapons are controlled assault weapons even if they are 'older models that are only variations, with minor differences, regardless of manufacturer,'" the bulletin said. During the Kasler case, which began in 1992, "Attorney General Dan Lungren, and later Attorney General Bill Lockyer, did not use the add-on provision to regulate other weapons, nor did the Department of Justice identify the 'series' weapons listed in the" state Penal Codes. Consequently, the bulletin said, "series weapons continued to be manufactured [and] imported" into the state, and were then "sold, purchased or possessed within California without regard to" the state statutes. Last year, the Department of Justice bulletin said, the state legislature "expanded the assault weapons definition" by adding additional penal codes, "which identify assault weapons by characteristics." The state's high court decision, the department said, "has reaffirmed the attorney general's authority to identify assault weapons with both the add-on provisions" of law "and identify the 'series' AK and AR-15 assault weapons" currently listed in state penal codes. "Peace officers owning personal assault weapons are not exempt from these requirements," the statement said. According to the statement, individuals who currently own lawful AK and AR-15 series weapons must do one of the following:
The Justice statement was issued to all state law enforcement agencies, firearms dealers and manufacturers, state Superior Court judges and state district attorneys. In a meeting with California NRA members July 13, Department of Justice Firearms Division representatives explained the impact and implications of the new provisions to gun owners. "A list of what is or is not an Assault Weapon under [the California Penal Code] will not be compiled by the Firearms Division," Randy Rossi, Director of the California Department of Justice Firearms Division, told the Ventura County East NRA Members' Council. "Because we can't see what characteristics you may have on your weapon, and because the law allows you to take on and take off those characteristics, we won't be able to provide you with a listing of those weapons," he said, as quoted by the California NRA Organization. "We can't tell if you put on a conspicuously-protruding pistol-grip or whether it's a banana. We just can't tell that from over the telephone." Rossi emphasized that the Firearms Division is available to answer questions regarding implementation of the various laws by the Firearms Division, CalNRA.org said. However, "since they do not make the laws they cannot answer questions regarding the formulation of firearms law, which is the domain of the California Legislature," the report said. "The California Department of Justice Firearms Division is following the same constitutional interpretation as the Federal government regarding the Second Amendment," wrote CalNRA.org columnist Jay J. Hector. "A United States Attorney at the Emerson appellate court hearing in Louisiana stated the official position of the United States Government is that the Second Amendment of the United States Constitution only applies to militias, and not to the people of the United States as individuals." CalNRA.org said Deputy Attorney General Tim Rieger made similar distinctions during the meeting. "Since 1937, the Second Amendment, as you all know, in the United States Supreme Court case Miller, it's been interpreted to say, let's be fair, that the right to keep and bear arms, is not personal, but instead lies with the militias of the states," Rieger reportedly said. "The bottom line is, Miller says that, and all cases except Emerson in the Texas District Court, have basically followed suit." Related stories: Gun confiscation in California More gun confiscation in California? California redefines 'assault weapons' Gun rights in California constitution? Jon E. Dougherty is a Missouri-based writer and the author of "Illegals: The Imminent Threat Posed by Our Unsecured U.S.-Mexico Border."
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