Guns: Court Gets It Right

The California Supreme Court Tuesday demonstrated itself to be eminently more sensible than Pete Wilson on the issue of gun control. Unanimously and without comment, the court, in effect, upheld the right of cities to ban the sale of cheap handguns within their borders.

Earlier this year the state Legislature, despite tough industry resistance, passed a law banning the sale of so-called Saturday night specials--cheap handguns that can be lethal on either end of the barrel. They have little value other than to street criminals and are a danger to their owners as well as others because of a propensity to discharge accidentally or even explode.

A statewide ban would be far more effective in controlling gun violence than city-by-city measures. Wilson, however, vetoed the outright ban, insisting that such a law would make it hard for low-income Californians to obtain self-protection. Now that’s a weird argument, considering the danger that Saturday night specials pose to owners and others in their households. This week’s high court decision on gun bans should prompt another attempt to enact a statewide ban when the new Legislature and governor take office.

The case before the court involved a challenge by the National Rifle Assn. to West Hollywood’s 1996 ordinance banning sales by gun dealers of specific handgun models often used in street crimes. The ordinance did not bar their possession. The NRA argued that laws regulating gun sales lie in the exclusive domain of the state and that cities and counties cannot enact local restrictions. The state high court upheld a ruling by the Court of Appeal validating West Hollywood’s ordinance.

West Hollywood’s local law was the first of its kind in the nation and has since been copied with variation in about 40 cities; their restrictions include limits on bullet sales and the number of guns that can be purchased by an individual each month.

Tuesday’s ruling is likely to encourage other communities to follow suit. The court’s decision should also spur the new Legislature to act on other fronts. Both Gov.-elect Gray Davis and Atty. Gen.-elect Bill Lockyer promised to support a new, more inclusive ban on assault weapons. The Legislature passed such a bill earlier this year, but in this case too there was a Wilson veto.

Disturbing new research ought to spark debate over further limiting gun purchases. A study from the Violence Prevention Research Program at UC Davis found that gun buyers with misdemeanor criminal records are far more likely to be charged with new crimes, often involving guns, than were buyers with clean records. Less than 10% of gun owners with clean records broke the law after buying guns. But about half of those with prior misdemeanor convictions, such as drunken driving or petty theft, were later arrested. A shocking one in four was charged with a violent offense, including murder, rape and armed robbery.

“This study cries out for a legislative solution,” said Assembly Speaker Antonio Villaraigosa (D-Los Angeles). We agree but share the concern he expressed Wednesday about the need to draw such legislation carefully. Laws should not overly broad. A balance can and should be struck.