Assembly Votes to Ban Handguns Deemed Unsafe

SACRAMENTO —  Compelled into action by recent shootings, the state Assembly on Thursday narrowly approved legislation to ban the manufacture and sale of unsafe handguns in California.

For the first time, handguns made in, sold in or imported into the state would have to meet certain consumer safety standards to ensure that they don’t misfire.

The bill, similar to one vetoed last year by Republican Gov. Pete Wilson, is expected to win swift approval in the Senate and be signed into law by Democratic Gov. Gray Davis.

California would then be the second state in the nation, after Massachusetts, to impose consumer safety measures on gun manufacturers.

“Now, we can say to the people of the state that we’ve kept our promise to get rid of cheap and unsafe handguns. These so-called Saturday night specials are the weapons of choice on the streets of Los Angeles,” said Assembly Speaker Antonio Villaraigosa after the vote.

Supporters credited last-minute arm-twisting by the Los Angeles Democrat, along with a strong declaration of support Thursday from Davis, for helping Sen. Richard Polanco (D-Los Angeles), the bill’s author, push the measure through the 80-member lower house on a 43-26 vote. All 43 votes in favor came from Democrats.

Support for the measure was also spurred by a series of violent eruptions, from the Columbine High School shootings in Colorado last spring to last week’s assault on the North Valley Jewish Community Center in Granada Hills. Thursday’s vote came on the heels of other major anti-gun action by the Legislature, including a ban on assault weapons signed into law last month by Davis.

Before Thursday’s Assembly move, Davis described the handgun bill “as a reasonable measure which simply holds guns to a reasonable safety standard. I don’t think that’s asking too much of weapons. We ask it of automobiles and many other products in society. I am going to do my level best to help it pass and sign it into law.”

Opponents, including the National Rifle Assn., said the California measure is ill conceived and will create a massive black market in used guns that fail to meet the new safety protections.

Lawmakers in the past attempted to outlaw handguns based on size or the content of their metal frames. By contrast, Polanco’s bill turns gun safety into a consumer protection issue, requiring gun makers to certify that the concealable weapons they sell are not “unsafe.” The goal of reducing the availability of cheap handguns remains unchanged, although Polanco said that no guns will be confiscated under his bill.

Under the measure, the state attorney general’s office would be required to certify independent laboratories to test the weapons. Three sample guns would be subjected to two tests at the labs.

As outlined by supporters, the first would be a firing test, in which each weapon could misfire no more than six times in 600 rounds. In addition, each gun would have to fire its first 20 rounds without a misfire.

Many low-quality models would fail such tests, gun control advocates say, keeping tens of thousands of guns off the streets.

Next, the lab would be required to drop the same three guns onto a concrete slab from a height of one meter. Each gun would be dropped six times in six different ways. Any gun to go off in any of the drops would fail.

Loopholes Criticized

The measure would exempt guns sold, loaned or otherwise transferred between private parties or through police agencies; curios or relics; and those on consignment with a pawnbroker.

Some county sheriffs, primarily from rural areas, voiced concerns, especially about those loopholes.

For example, Yuba County Sheriff Virginia R. Black was quoted in a Democratic legislative analysis of the measure as saying, “This bill exempts law enforcement agencies from the requirements of the bill, allowing us to provide officers with firearms defined by statute as unsafe. If the firearms are ‘unsafe’ then they should be ‘unsafe’ for anybody--regardless of occupation.”

For hours before the bill was taken up on the Assembly floor, Polanco, vote card in hand, prowled the chamber attempting to cement support, especially from wavering moderate Democrats.

Once the hourlong debate started, perhaps the most charged moment came when first-term Green Party member Audie Bock of Oakland assailed the measure as doing nothing to get rid of guns.

“The emperor has no clothes, colleagues. I’ve never met a Republican who liked a reasonable gun bill. And I’ve never met a Democrat who didn’t like a stupid gun bill,” she said.

“It’s common knowledge around here that in order to get reelected you have to write a gun bill,” she said, contending that members sometimes seek the help of the NRA in drafting legislation.

“Then you go back to the district and say, ‘I defeated the NRA.’ . . . It’s sheer political grandstanding.”

Majority Leader Kevin Shelley of San Francisco scolded Bock, even as he said many Democrats want tougher laws than Polanco’s bill envisions.

“Member Bock, I represent San Francisco. . . . I too would love to see guns banned. I can say that. I can even vote that way and win reelection.”

However, he said, most of his colleagues couldn’t take that political stand. “We’re not there yet, so we vote on measures now that we can support and then we move society along.”

Republicans voiced strong objections to the measure. Assemblyman Jim Battin (R-Palm Desert) called Polanco’s proposal “a boon” for manufacturers because it will be harder to sell older guns, resulting in a boost in new gun sales.

Assemblyman Rod Wright (D-Los Angeles), his voice straining with emotion, declared that the measure “masquerades as a Saturday night special ban.”

“This is a fraud,” he said.

Change of Role for Davis

The governor’s role in pushing the gun legislation represents a change in practice for Davis since taking office. Except during the special session he convened on education earlier in the year, his office has refrained from taking public positions on pending bills.

Davis has acknowledged that his office “fell behind the curve” in its legislative activity because of the challenges of starting a new administration.

He promised to put his muscle behind many more bills in the few weeks that remain in this year’s lawmaking session, particularly those regarding health care reform.

“We are definitely becoming more active,” he told reporters Thursday. “And we will weigh in on many important issues between now and the end of the year.”

Davis also announced Thursday that he has signed an executive order prohibiting state agencies from selling their used firearms and risking the chance that they will be used in future crimes. In the future, state agencies will be required to destroy their weapons or trade them in toward the purchase of new guns.

Since 1992, Davis said, 15 separate state agencies have sold about 6,000 used firearms.

The used gun issue was first raised last fall when the state Department of Corrections reconsidered its policy of selling or trading in old firearms, including assault rifles.

In June, Davis ordered the department to stop selling its used weapons. On Thursday, he extended that ban to all other state agencies.

The governor said the issue was heightened recently when it was reported that the gunman who allegedly shot five people last week at a Jewish community center in Granada Hills and killed a mail carrier in Chatsworth had a weapon formerly owned by a police force in Washington state.

“I’m here to tell you today that is not going to happen in California,” Davis said.

The governor later tempered his remarks by saying it is possible that guns traded in to weapons manufacturers might still end up on the streets.

He said that is less likely than with weapons sold directly from law enforcement to gun dealers. But he also offered to toughen his executive order--so that all weapons from state agencies would be destroyed--if problems continue.

The governor also said he would consider future legislation that might require similar policies for all local government firearms. At this point, however, Davis said most agencies have already restricted the sale of their used guns.

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Times researcher Patti Williams contributed to this report.

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Highlights of Gun Safety Bill

The highlights of Sen. Richard Polanco’s (D-Los Angeles) SB 15 include:

* Making it a misdemeanor, effective Jan. 1, 2001, to manufacture, sell or import an “unsafe handgun.”

* Requiring pistols and revolvers to meet certain consumer safety standards, including passing firing and drop tests to ensure they won’t misfire.

* Mandating that the testing be conducted by an independent laboratory certified by the state Department of Justice.

* Exempting certain firearms, including those sold between private parties, through police agencies, or as curios or relics, from the provisions of the measure.

* Requiring that on Jan. 1, 2002, the Department of Justice publish a list of all “unsafe handguns” capable of being concealed.