State Senate Passes Handgun License Bill

Setting the stage for a potential collision with Gov. Gray Davis on gun control, the state Senate on Monday narrowly voted to require hundreds of thousands of handgun buyers to obtain licenses.

The action represented a victory for the Legislature’s most far-reaching gun control bill of the election year session, but its outlook is uncertain at best.

The bill must still pass the Assembly, where its prospects are too close to call. And if the Assembly does agree to send the bill to Davis, the governor is unlikely to sign it into law, his aides indicated. They said he has not backed away from his warning against creating new gun controls until wide-ranging reforms enacted last year are given the time needed for implementation.

“His view has not changed,” said Davis spokeswoman Hilary McLean. “And, it is unlikely the governor would change his mind.”

The Senate, which has a large Democratic majority, has on several occasions this year taken positions opposed by the Democratic governor. But Senate leader John L. Burton (D-San Francisco) repeatedly has denied that he and his colleagues are seeking to embarrass or pick a fight with Davis.

The bill, which is opposed by the National Rifle Assn. and other gun owner organizations, would require Californians to buy a special license in order to purchase a pistol or revolver from a dealer or to exchange or transfer handguns in private-party transactions. It would take effect on July 1, 2002. Californians would not be required to obtain licenses for handguns they already own, but would need a license if the gun changes hands.

New York, Illinois, New Jersey, Hawaii, Maryland and Connecticut have handgun licensing laws although some are less strict than the proposed California law. Last year in California, about 245,000 new and used handguns were sold through licensed dealers.

The required licenses would cost $25 and expire after five years. To qualify, handgun buyers would be required to pass existing background checks. Additionally, a buyer would have to pass a safety test on handling a gun and demonstrate proficiency in firing live ammunition.

The Senate passed the handgun licensing bill 22 to 15, one vote more than required in the 40-member body. Two Democrats and 13 Republicans voted no. One Democrat and two Republicans did not vote.

Supporters contend that licensing handgun owners would make California a safer place.

“If we do it for operation of a motor vehicle, we should do the same for operation of an equally dangerous piece of equipment,” argued Sen. Don Perata (D-Alameda), Senate floor manager for the bill.

Perata, who has a permit to carry a concealed gun, said more California young people die from bullets than are killed in traffic accidents.

The bill would “balance” the interests of gun owners against the “interests of society, which needs to be protected from you, if you use it,” Perata said.

But Sen. Ray Haynes (R-Riverside) criticized drawing a comparison between requiring a license to drive and a license to buy a handgun.

“I can tell you that a car in the hands of a 16-year-old is a heck of a lot more dangerous than a gun in the hands of a 16-year-old,” Haynes told the Senate. “Lawn mowers are more dangerous than guns,” he said at another point in the debate. “Heck, in some cases, if you misuse your microwave, it is more dangerous than a gun.”

Sen. Debra Bowen (D-Marina del Rey) scolded Haynes for “trivializing” debate on the issue.

Opponents of the bill contend it would create a vast new “DMV-style” bureaucracy whose costs would far exceed the fees charged for the license. They also questioned whether firing tests could be held in all 58 counties, as the bill would require, because some counties have no public firing ranges, even for law enforcement officers.

The bill is the only surviving major gun control proposal of the session. Gun control advocates, hoping to capitalize on their momentum from last year, offered several plans, but all fell by the wayside.

Vice President Al Gore, the Democratic nominee for president, supports licensing handgun owners. But in parts of California, gun control is a tough issue for Democrats, particularly those in the conservative Central Valley and other rural areas.

Last year Davis and the Democratic majority in the Legislature enacted a wide range of gun controls that former Republican Gov. Pete Wilson had vetoed. Those laws included a toughening of the state’s landmark ban on assault weapons.

Although Davis would like time for the state to adjust to those laws before passing new ones, Democrats in the Senate pushed ahead anyway.

The Assembly has never considered the bill (AB 273) in its current form. The Senate took a previously passed Assembly bill on other gun-related issues and completely rewrote it.

Assemblyman Jack Scott (D-Altadena), a candidate for the state Senate and author of the original Assembly bill, said its future in the politically mercurial lower house is too uncertain to guess at.

“I’m not making any predictions,” he said. “I frankly do not intend to jam the governor. I don’t think there is a lot to gain from getting a veto.”

Nationwide, a Gallup poll in April found that 69% of Americans support licensing gun owners. But the poll also showed that 51% believe the best way to fight violence is to improve enforcement of existing laws.

In other actions:

Driver’s licenses--By a 22-10 margin, the Senate sent to Davis a bill that relaxes somewhat a 1993 law aimed at preventing illegal immigrants from obtaining driver’s licenses. Lawmakers had approved the restriction at the height of public anger over illegal immigration.

The latest measure (AB 1463) by Assemblyman Gil Cedillo (D-Los Angeles), would permit people to obtain licenses if they have applied for legal immigration status, but have not yet received it. It also would ease a requirement that people must produce Social Security numbers to get licenses.

If Davis signs the measure--he has not taken a position on it--applicants for driver’s licenses instead could submit a taxpayer identification number and an affidavit stating that they do not have a Social Security number.

Credit scoring--The Assembly, 57 to 6, approved legislation that would allow California home buyers to know their credit score and receive an explanation of any factors that adversely affected their individual scores. The bill (SB 1607), by Sen. Liz Figueroa (D-Fremont), was supported by the California Assn. of Realtors but faced opposition from the banking industry. Assemblyman Tony Cardenas (D-Sylmar) said the bill would help consumers understand how factors such as not having a recent car loan or having too few revolving credit accounts can hurt their credit score and cause them to pay more for a loan. “The biggest abuse is not that people are being turned down [for a loan], but that they are being charged higher interest rates,” Cardenas said. The bill returns to the Senate for concurrence in Assembly amendments.

Bullies--The Senate, 21 to 19, approved legislation that would establish a $150,000 program to prevent schoolyard bullies from harassing their classmates. The bill (AB 1390) by Assemblywoman Sally Havice (D-Cerritos), would give schools $5,000 to implement the program in fifth and sixth grades. Sen. Steve Peace (D-El Cajon) called the bill a “horrible idea,” and warned that some kids labeled as bullies would be proud of the status.

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Times staff writer Dan Morain contributed to this story.