Hearing Set on Suit to Delay Assault Weapons Law

A lawsuit that has stalled the enforcement of California’s precedent-setting assault weapons restrictions for six years is moving ahead.

The 3rd District Court of Appeal on Tuesday set an Oct. 22 hearing on arguments over a suit by Colt Manufacturing Co. The suit has prevented state Atty. Gen. Dan Lungren from petitioning lower courts to add Colt’s Sporter semiautomatic rifle and all other newly marketed assault weapons to a list of 75 firearms that are restricted by the 1989 law.

Colt filed the suit in 1991, shortly after Lungren initiated court proceedings to outlaw the weapon, charging that it was similar to the restricted Colt AR-15 rifle. Lungren subsequently agreed to a court injunction that prevented him from taking any further steps.

A Sacramento County Superior Court judge ruled in Lungren’s favor in December 1993, clearing the way for him to resume efforts to ban the Sporter. But Colt appealed in early 1994, and the appellate court continued the injunction.

A Times series examining the lack of enforcement of the assault weapons law noted earlier this week that the Sacramento case has been pending about three times longer than most cases in the 3rd District.

The Colt case is among three key pending court decisions that will help determine the scope of the assault weapons law.

In a Kings County case, an expert from Lungren’s office testified against local authorities who had seized a semiautomatic rifle they said was similar to an AK-47. The National Rifle Assn. cited that expert’s testimony in a brief filed with the Supreme Court.

And in Santa Clara County, Lungren has filed a brief on behalf of a criminal defendant who had been charged with possessing an illegal assault weapon. Lungren, opposing local prosecutors, said the weapon was not illegal.