Broad Ban on Assault Guns Falls Short in Assembly

A bill seeking a broad, generic ban on military-style assault weapons failed a crucial test in the Assembly on Monday, falling one vote short of what would have been final legislative approval.

Majority Democrats struggled for hours trying to squeeze out the winning vote for passage of the bill by Assemblyman Don Perata (D-Alameda).

A frustrated Perata said the final 40-31 roll call--41 votes were necessary for passage--”put the Legislature in a different spot than the public,” which, he said, wants to see the high-powered weapons taken off the streets.

Perata said he would bring the bill back to the floor for a final showdown as early as Thursday, when he hopes to round up enough votes for passage. If approved by the Assembly, the bill must overcome objections by Gov. Pete Wilson. The Senate approved the measure last month.

The governor has sent strong signals that he would not sign the bill in its present form, contending that it would restrict the rights of legitimate gun owners. However, Wilson spokesman Ron Low said, “We will continue to negotiate with Assemblyman Perata to craft a bill the governor can sign.”

Perata’s bill would ban the possession and sale of semiautomatic firearms if they have certain characteristics common to military assault weapons. Among the features that would make such a weapon illegal are the number of bullets it can fire in rapid succession with each squeeze of the trigger, and handles and grips that allow the user to hold the weapon steady while firing multiple rounds.

Those who now own such weapons could register them with the state and be allowed to keep them.

Enactment of the measure would make California law more restrictive than the federal government’s and the laws of all other states, Perata aides said.

But opponents, including the Nation Rifle Assn., predicted that California would be caught up in the same web of unenforceable restrictions that characterized its 1989 assault weapons ban. That law specified certain makes and models as illegal. Most of that law was struck down by a California Court of Appeal last month. NRA lobbyist Stephen Helsley said that with only slight modifications, a gun owner could alter semiautomatic firearms banned by the Perata bill so that the ban would not apply.

The bill (AB 23), being debated for a second year, is a divisive, emotion-laden issue for legislators. Republicans generally oppose gun controls and most Democrats push to impose them, although Monday’s roll call resulted in two Republicans voting for the bill and two Democrats voting against it.