Irvine Delays Weapons Ban After Protests

Opponents of gun control turned out in force Tuesday night to speak against the city of Irvine’s proposed ban on the sale, ownership and possession of semi-automatic assault weapons.

After more than 25 members of the Gun Owners Reaction Committee told the Irvine City Council that such a ban would be unconstitutional, the council voted 4 to 0 to delay adoption of the controversial ordinance. Irvine Councilman Edward A. Dornan was not present.

A state law adopted in June allows people who purchased the guns before June to keep them if they obtain a permit. That law also bans the sale, manufacture, and possession of more than 50 types of semiautomatic weapons. One such weapon, the AK-47 assault rifle, was used in a shooting rampage last January at a Stockton school.

In the wake of that shooting, the cities of Los Angeles, Compton and Stockton passed stricter bans on semiautomatic weapons. The Irvine ordinance was to be like those of the other cities.

But other Orange County cities that have considered similar bans are awaiting a ruling by the state attorney general’s office to determine if a local ordinance can be made stricter than an existing state law. Over the past year, the cities of Laguna Beach and Westminster considered implementing such a ban but backed out due to the possible legal entanglements.

Last February, over 250 REACT members threatened legal action against the Westminster City Council.

During testimony Tuesday night, gun legislation opponents repeatedly mentioned waging a recall effort if the ordinance was passed.

Those testifying against the proposal in Irvine said it was unconstitutional, poorly drafted and would cost the city money to defend itself against lawsuits.

“We citizens are there as representatives of the Constitution, making sure that these puny little city councils don’t pass an ordinance like this,” said T.J. Johnston, chairman of REACT. “Irvine is the only city to have its own foreign policy. Anything they do will be an impotent gesture to get publicity.” But Irvine Mayor Larry Agran responded: “If the Second Amendment was absolute, then there would be nothing prohibiting personal tactical nuclear weapons in the city.”

Agran said of the delay: “It is clear that the state has acted (to ban assault weapons), but we need to decide in the future if the local level can make a difference. I don’t believe in any symbolic measures.”