City Council Approves Ban on Assault Rifles in Symbolic Vote

In a symbolic gesture, the San Diego City Council Monday approved a slightly revised version of a ban on the sale and possession of semiautomatic assault weapons.

The new city ordinance, modeled on legislation approved by both houses of the Legislature, will become moot if Gov. George Deukmejian signs the statewide legislation, despite the fact that some sections of the two laws conflict, Deputy City Atty. John Kaheny advised the council.

Deukmejian is expected to sign the statewide legislation Wednesday, Kaheny said. Contained in two separate bills, the state law bans the importation, manufacture, distribution and sale of at least 33 semiautomatic weapons beginning Jan. 1, 1990.

The state law will allow current owners of the weapons to keep them, but will require that they register them with the state Department of Justice by Jan. 1, 1991.

The council voted Feb. 27 for a total ban on the sale and possession of the weapons, but three times since then had delayed a second, ratifying vote required to enact a new local ordinance while it awaited the outcome of the Legislature’s deliberations.

The council began Monday’s discussions intending to pass an emergency ordinance to put provisions of the state law into effect in San Diego immediately. But Kaheny advised the council that its ordinance would be preempted by the state legislation as soon as Deukmejian adds his signature to the two bills.

Instead, the council abandoned the Feb. 27 ordinance and approved a new version of the ban by a 7-2 vote, with Councilmen Bruce Henderson and Ed Struiksma dissenting. By the time the ordinance returns to the council in two weeks for a second vote, Deukmejian almost certainly will have acted, council members agreed.