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Published Friday, Dec. 29, 2000, in the San Jose Mercury News
Groups say gun law too
vague
FIREARM ORGANIZATIONS THREATEN
SUIT TO CHALLENGE STATE
REGISTRATION DEADLINE
New definitions of assault weapons
BY RODNEY FOO
Mercury News
As a Sunday deadline for Californians to register their
assault weapons fast approaches, gun organizations
threatened to go to court to challenge it, saying the
regulations drafted by the state attorney general are vague
and do not give gun owners enough time to comply.
From the South Bay to the East Bay, police departments
agreed Thursday there could be some confusion, saying
they'd been fielding numerous questions from gun owners
about the deadline and the law.
``This is a good example of schizophrenic legislation,'' said Oakland police Sgt. Gary
Tolleson, who supervises the weapons unit. ``It's a combination of formula and
guesswork. And quite frankly, it's so confusing I've gone to four separate classes and
have gotten four different opinions on what is legal and what is illegal.''
Attorney Chuck Michel, who represents the California Rifle and Pistol Association, the
California Sporting Goods Association and a number of firearm distributors, added:
``What needs to happen is that people need to get fair notice about how to comply with
the law, and that's not taking place.''
Michel said he plans to file a complaint next week against the state and then seek an
injunction to lift or extend the deadline.
In response, a spokesman for state Attorney General Bill Lockyer said Thursday the state
had conducted an extensive informational campaign that provided enough information
and time for owners to register their assault weapons.
The attorney general's firearms division has been traveling up and down the state
instructing law enforcement agencies, gun dealers, National Rifle Association chapters
and other state gun advocacy groups on the law, said Lockyer's spokesman, Nathan
Barankin.
The state also has been running radio and TV spots, he said.
``The only people who seem to be confused by the law in any way are those intent upon
filing a lawsuit to stop it,'' Barankin said.
So far, about 10,000 owners have sent registration forms and their $20 fee payment to the
state. A form can cover more than one assault weapon. The forms have instructions on
how to register and can be obtained from law enforcement agencies and licensed gun
dealers.
`Very small response'
Observers say the 10,000 forms represent a low turnout, which Barankin denied, saying
no one is sure how many assault weapons exist in California. However, National Rifle
Association spokesman Steve Helsley described the number as a ``very small response''
while others suggest there may be as many as 200,000 in the state.
Since 1989, legislators have reacted to mass shootings, particularly the killings at a
Stockton elementary schoolyard and at a San Francisco law office at 101 California St.,
by passing statutes outlawing the distribution of 50 makes and models of military-style
weapons.
But anti-gun groups said the law was being skirted by gun makers who were merely
making simple changes to their weapons and continuing the sale of their firearms.
After the 1999 Columbine High School shooting in Colorado, lawmakers passed a bill
that instead outlawed assault weapons based on their characteristics, not by their model or
make.
Those who don't register those types of weapons risk a $500 fine and up to three years in
state prison.
Michel and Helsley say the state's final draft of regulations -- which were not approved
and issued until Dec. 5 -- have gun owners in a bind.
They contend the regulations do not provide enough information and direction to allow
gun owners time to modify their weapons so they will not be considered assault weapons.
Locally, police departments and gun dealers are fielding questions every day from
bewildered gun owners.
Many callers seem to believe they registered the assault weapons when they purchased
them -- which is not true, said Sgt. Larry Weir of San Jose police's firearms detail.
``A lot of people are under a misapprehension,'' he said.
Weir said he's even had to answer questions from a state Department of Justice agent
who wasn't sure if a weapon he owned needed to be registered.
Others are also confused by two other assault weapon deadlines that were imposed by the
state.
In 1989, a law named specific weapons that had to be registered by March 31, 1992.
California residents registered 67,000 assault weapons under that law.
In August, the California Supreme Court upheld the state's right to register variations on
the AK and AR-15 assault weapons named in the 1989 law. Owners of those weapons
have until Jan. 23 to register those guns.
At Kerley's Hunting and Fishing Outfitters in Cupertino, clerk Casey Torres said the
registrations ``are going out as fast as we can get them.''
Answering questions
The store has had to field numerous questions from gun owners wondering if their
weapons must be registered, he said.
At the Traders in San Leandro, one of the largest gun dealers in Northern California,
owner Tony Cucchiara said he was fielding the same questions, too. ``There are a number
of guns that are questionable, and people are panicking.''
At the same time, said Tolleson of the Oakland police, the law has become so confusing
that it may drive law-abiding citizens underground and make them avoid registration
altogether.
Mercury News Staff Writer Sandra Gonzales and the Associated Press contributed to
this report. Contact Rodney Foo at rfoo@sjmercury.com or (408) 920-5258.