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http://www.postnet.com/postnet/news/wires.nsf/National/DDDBC1F3624912A2862569C3001C36CD?OpenDocument


GUN OWNERS RESIST REGISTRATION LAW

Dec. 27, 2000 | 11:14 p.m.

By JASON KANDEL c.2000 Los Angeles Daily News

LOS ANGELES -- With just three days left to register assault weapons under a new
state law, only
10,000 gun owners have done so, and some said they plan to move their firearms
out of state.

Racing against the deadline, several gun groups including the National Rifle
Association said they plan to go to court this week to seek a delay, saying the
law is vague and has not been publicized well enough.

But Attorney General Bill Lockyer said he is confident the law would survive a
court challenge. The law -- the toughest of its kind in the nation -- requires
owners of assault weapons with specific features to alter, destroy, register or
turn them in by Sunday.

Lockyer said he believes more assault weapons should be registered by now.

"We didn't have any expectations because no one knows exactly how many of these
types of guns are in private hands. We estimate there are a larger number, though."

Enforcing the law depends wholly on gun owners' cooperation.  Failure to
register could bring a fine of $500 or more and from 16 months to three years in
state prison.

"No one's planning to go knock on doors and search for something.  We recognize
the owners have
pre-existing property rights," Lockyer said.

The law, authored by state Sen. Don Perata, D-Oakland, is intended to strengthen
the 1989 Roberti-Roos Assault Weapons Act, which limited models of assault
firearms, and further defines an assault weapon based on characteristics.

The law now defines assault weapons as semiautomatic rifles, pistols and
shotguns with detachable magazines and that have features including:

!bbox! A forward pistol grip or one sticking out from beneath the weapon.

!bbox! A thumbhole stock.

!bbox! A folding or telescopic stock.

!bbox! A grenade launcher or flare launcher.

!bbox! A flash suppressor.

Also, semiautomatic pistols are covered by the law if they have certain
features, including a second
handgrip or a shroud that protects the shooter from getting burned.

In absence of registering an assault weapon, an owner must disable it
permanently, surrender it to law
enforcement, sell it to a licensed assault weapon dealer or move it out of state.

"We're trying to dry up the pool of assault weapons," Lockyer said.

In protest of the law, some gun owners are moving their guns out of state, an
act permitted under the
new law.

"They just don't want to deal with the government bureaucracy," said Jim Brown,
an employee at the
Pony Express Sports Shop in North Hills. "Many will take their guns out of
state. Many will just not
register them."

Others are trying to figure out exactly what the law means to them.

"We've been getting about a dozen calls a day. This law is vague. It's political
symbolism at its worst,"
said Steve Helsley, spokesman for the National Rifle Association. "It's referred
to as a ban. This is a tax
bill. You have to pay the state a fee, and fill out a form to continue to
lawfully possess your property."

An attorney for the NRA said the law is confusing, and that gun owners should
have another year to
register.

"Firearms laws are becoming as complicated as tax and environmental laws," said
Chuck Michel, a Los
Angeles lawyer representing various gun advocacy associations, business owners
and gun owners.

"The difference is that the average gun owner doesn't have a lawyer in the
closet standing by to give
advice like a corporation that is subject to environmental and tax laws does.
The result is accidental
felons."

Lockyer said the allegation is baseless.

"The confusion is part of the legal strategy of the NRA," Lockyer said. "They
try to convince judges
that it's unconstitutional because of vagueness and confusion. So far the courts
have not bought that
argument."

The state Department of Justice has advertised the law in newspapers and on
radio, as well as having
alerted gun dealers and conducted public hearings.

Previous efforts to register assault weapons have survived legal challenges.

As a result of the 1989 law, more than 62,000 weapons were registered in a
27-month period in
1991-92, officials said.

In August, the state Supreme Court upheld the registration of types of AK and
AR-15 assault weapons
identified in the 1989 law. Those weapons must be registered by Jan. 23.

Law enforcement and gun control advocates support the law, and agree the best
solution to firearms
violence is enacting laws at the federal level.

"There is no other law like this in the country that's this strong," said Lewis
Tolley of the Los Angeles
branch of Handgun Control Inc., which works to enact gun control legislation in
the United States.

"But in order for this law to work most effectively, it would need to be a
national law. As long as
someone can buy assault weapons in every state around California, we remain at risk."

The Los Angeles Police Department supports a total ban on assault weapons.

"Assault weapons are designed for one purpose -- the smooth and efficient taking
of human life," said
LAPD Cmdr. Dan Koenig, the chief's governmental liaison officer.

The Los Angeles County Sheriff's Department also supports an assault weapons ban.

"The sheriff was one of the first supporters of SB 23," said Sgt. Wayne Bilowit
of the Sheriff's
Department's legislative unit. "We'll do everything in our power to help
implement it."!dlim! [sic - m]



!KICK! By Sunday, owners of guns defined as assault weapons under a new law must
register, alter or
get rid of them. Gun shops and police have registration forms. The fee is $20 to
register any number of
weapons. The applications must be postmarked by Dec. 31.

Further information is available at (877) REG A GUN or (877) 734-2486. Online
information is at
caag.state.ca.us/firearms/awguide/.

XXX

NYT-12-28-00 0007EST


© 2000 St. Louis Post-Dispatch

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