Weapon Ban Unsupported by S.D. Delegation

Only one of the 11 state lawmakers who represent San Diego County supports banning all semiautomatic rifles to stem the growing number of crimes committed with so-called “military assault weapons,” The Times found in interviews last week with members of the county delegation.

Sen. William Craven (R-Oceanside) said he supports such a ban even if it is seen as infringing on the rights of legitimate sportsmen and hunters.

Such infringement “doesn’t bother me at all,” said Craven, who has supported gun owners in the past but said he sees no hunting or sporting use for semiautomatic rifles. “You’re not going to go out and put seven shots in a deer.”

But Craven stands alone. The other 10 county lawmakers have staked out positions ranging from opposing all forms of gun control to supporting banning assault weapons if a precise, technical definition of such guns can be agreed upon. Many say they have yet to make up their minds.

The issue, simmering in the Legislature for several years, has boiled over since the January killing of five elementary school students in Stockton by a man armed with an AK-47 rifle he bought in Oregon.

The shootings have prompted a spate of legislation and, last week, a special “committee of the whole” in the Assembly, where a number of experts testified and answered questions before the entire lower-house membership.

Political Lines

Although sentiment on the issue crosses party lines, Democrats have generally leaned toward banning the weapons while Republicans have proposed tougher sanctions on criminals who use guns and stricter safeguards to prevent violent people from owning weapons of any kind.

Craven, a conservative ex-Marine, said the National Rifle Assn. is mounting a “tremendous lobbying effort” aimed at stopping the Legislature from imposing any further controls on weapons. He said his mail has run about 60% to 40% against gun control. But he believes the broader public supports his position.

“The people who are in favor of banning these guns are not as motivated as the other side,” Craven said. “They don’t contact you. But if I went out and contacted them, I think I could reverse the percentages.”

At the other extreme is Sen. Larry Stirling (R-San Diego), who said he opposes almost every form of gun control. Banning semiautomatic rifles would do little or nothing to stop the shootings, he said.

“The gun is a fortuitous scapegoat for the liberals to draw attention away from their terrible policies,” Stirling said. “They profess to be concerned about poor people and minorities, but poor people and minorities are the greatest victims of crime. They (liberals) turn around and say let’s take away the guns they use to protect themselves.”

The way to prevent violent crime, he said, is to punish criminals severely from the time of their first conviction.

“We ought to have adequate law enforcement, enforce the laws, a decent prison system, longer prison sentences, and take the dysfunctional guys off the streets,” he said. “It’s as simple as that.”

Stirling said he supports prohibiting gun ownership for anyone who has ever been convicted of a crime or been committed to a psychiatric institution--a position that goes beyond any legislation introduced so far this year. He also supports creation of a toll-free number for gun shop owners to call for information on a potential customer’s criminal record before completing a sale.

Part of a Package

The 800 number is one of several proposals endorsed by the Assembly Republican Caucus as an alternative to a broad ban on semiautomatics. The package also includes a bill prohibiting anyone who has been convicted of a violent offense from owning a gun, as well as a measure that would add 10 to 20 years to the sentence of anyone who uses a gun in the commission of a felony robbery or burglary.

Supporting that package are Assemblywomen Carol Bentley (R-El Cajon) and Sunny Mojonnier (R-Encinitas) and Assemblymen Robert Frazee (R-Carlsbad) and Bill Bradley (R-San Marcos). The four Republicans cited various reasons for their opposition to an all-out ban.

Bradley said he would support a federal ban on assault rifles but fears that a state prohibition would be easily circumvented.

“The federal government should supersede this field so that the states don’t have to deal with it,” Bradley said.

Bentley and Frazee said they doubt that the widely discussed assault rifle can be adequately defined.

“I’ve learned that you cannot come up with a definition for assault rifle that won’t also include legitimate semiautomatic hunting rifles,” said Bentley, the lead Republican member on the Assembly Public Safety Committee. “They are so similar that you can’t define them.”

Just Because They’re Ugly?

Frazee added: “We just had a bunch of experts in here, and none of them could give us a good definition, other than they’re ugly. Well, I don’t think we can ban all ugly weapons.”

But Assemblyman Steve Peace (D-La Mesa) said he supports a Democrat-backed package of bills that would define and ban assault weapons without prohibiting such guns as the popular semiautomatic .30-06 hunting rifle.

Would Classify Rifles

The legislation, authored by Assemblyman Johan Klehs (D-San Leandro) would classify most semiautomatic rifles as machine guns, which are already prohibited by state law.

Specifically, Klehs’ bill would ban semiautomatic, “center-fire” rifles with ammunition clips holding nine or more rounds. Hunting guns generally have clips that hold only three or four rounds of ammunition.

“It seems the responsible thing to do is to craft legislation that defines the assault rifle as the average person thinks of it,” Peace said. “We need to define what it is and get rid of it.”

Computer Not Enough

Peace also supports a registration of parolees convicted of possession of illegal weapons, similar to the system now required for sex offenders. He endorses the toll-free number for gun sellers proposed by Republicans and also supports a 15-day waiting period like the one that is required for handgun sales but not for rifles.

“I don’t care what kind of computer system you have, you’re going to miss some people,” Peace said. “So you need that waiting period. The only argument I’ve heard against a waiting period is people buying last-minute Christmas presents. I don’t find that very convincing.”

Assemblywoman Lucy Killea (D-San Diego) and Sens. Wadie Deddeh (D-Bonita) and Marian Bergeson (R-Newport Beach) said they would support some kind of action against assault weapons. But none was able to specify what that action might be. Assemblyman Peter Chacon (D-San Diego) was ill last week and could not be reached for comment.

“The current situation is absolutely unacceptable,” Deddeh said. “We need to do something. What we need to do I don’t know yet.”