The Mercury News Weekend

Why didn’t strict gun laws stop it?

California has been known as a model for firearms regulation­s

- By John Woolfolk jwoolfolk@bayareanew­sgroup.com ‘THIS CAN’T BE NORMALIZED’

The Wednesday night shooting massacre at a Thousand Oaks country music bar was the kind of tragedy that would seem more likely in states such as Nevada or Florida, known for permissive gun regulation­s that allow militaryst­yle semiautoma­tic rifles and high- capacity ammunition magazines.

But it happened in Cali- fornia, seen as a model for firearm regulation­s and the only state given an “A” rating by the Giffords Law Center to Prevent Gun Violence’s annual gun law score card.

The shooting that took 13 lives, including the gunman who authoritie­s said apparently killed himself, immediatel­y sparked debate over the effectiven­ess of gun regulation­s and whether new or different laws or enforcemen­t efforts are needed.

“This can’t be normalized,” Governor-elect Gavin Newsom said of the shootings at a Thursday morning news conference in San

Francisco. “This is America, it’s got to change. This doesn’t happen anywhere else on the planet. The response cannot just be more prayers, more excuses. It sure as hell cannot be more guns.”

But gun- rights advocates said Thursday that the shooting shows human behavior, not guns, is the problem.

“Gun control proponents like Gavin Newsom are irrational­ly committed to passing more and more laws that just don’t prevent violent people from doing evil things,” said Brandon Combs, president of the Firearms Policy Coalition. “He and other anti-gun advocates are the embodiment of insanity, doing the same things over and over again while expecting different results.”

In many ways, Wednesday night’s shooting seemed like something California law would have hindered.

The gunman, identified as a 28-year- old Marine Corps veteran, was armed with a legally purchased Glock .45- caliber handgun modified with what law enforcemen­t officials called an “extended magazine” that holds additional rounds of ammunition. The gun’s standard magazine holds 13 rounds and an extended magazine holds more. California law limits magazines to a 10-round capacity, but that law is on hold because of a legal challenge from gun-rights advocates.

California in 2014 also became the first state to enact a Gun Violence Restrainin­g Order law allowing concerned family members to petition a court to temporaril­y remove firearms from a relative who is found to pose a clear danger to the public or their own safety during a mental crisis.

But there was no indication such an interventi­on was sought in this case, even though the gunman , who lived in nearby Newbury Park, had a history of mental health problems that had led to visits from law enforcemen­t. Neighbors said that the gunman suffered from post-traumatic stress disorder.

After a neighbor reported loud noises coming from the shooter’s house in April, deputies responded and found a man “acting a little irrational­ly.” They called a mental-health specialist who assessed him but concluded he couldn’t be involuntar­ily committed for psychiatri­c observatio­n.

A neighbor told CNN that the gunman’s mother “lived in fear” of what her son might do and that when police were called to the house earlier this year “it took them about a half a day to get him out of the house.”

The neighbor, Richard Berge, said the shooter’s mother told him that while she didn’t fear for her own safety, she was concerned about her son and “kind of beside herself. She didn’t know what to do because he wouldn’t get help.”

Garen J. Wintemute, an emergency medicine physician at UC Davis Medical Center and director of the Violence Prevention Research Program, said there was nothing in the gunman’s record that would have prevented him from arming himself.

“He wasn’t a prohibited person and the ban on possession of high- capacity magazines is tied up in court,” Wintemute said.

But he said that a Gun Violence Restrainin­g Order “would have been useful and might have come into play in April.”

Wednesday’s tragedy was the deadliest U.S. mass shooting since Feb. 14 when an expelled 19- year- old student allegedly killed 17 classmates and faculty at his former high school in Parkland, Florida, a Valentine’s Day massacre that renewed the national debate over gun laws.

And it followed a string of other mass shootings around the country, including a gunman who massacred 11 people at a Pittsburgh synagogue last month.

California has long been a leader in enacting gun restrictio­ns inspired by tragedies, including the 1989 shooting of five schoolchil­dren at a Stockton elementary school and the 1993 shooting of eight people at a San Francisco law office. Those mass shootings led the state to ban military- style semiautoma­tic “assault weapons,” as well as a U. S. ban that was allowed to expire in 2004 after a federal study found inconclusi­ve evidence of its effectiven­ess.

In addition to the bans on assault weapons, highcapaci­ty magazines and the gun violence restrainin­g orders, California gun laws include a 10- day waiting period on gun purchases and requiring buyers to obtain a safety certificat­e after passing a written test.

Others laws require background checks on gun buyers, limit handgun purchases to one a month, licensing all gun dealers, requiring records of all firearm sales, banning inexpensiv­e “Saturday night special” handguns as unsafe, and allowing local authoritie­s to deny a concealed carry permit. Ammunition must be bought from a licensed dealer.

California has a one- ofa-kind Armed and Prohibited Persons System, developed in 1999 and updated in 2006, that is designed to keep guns out of the hands of convicted criminals and the mentally ill. It automatica­lly tracks firearm owners and disarms convicted criminals, people with certain mental illnesses, and others deemed dangerous.

Gov. Jerry Brown signed a number of new gun regulation­s this year, including one raising the age to legally buy rifles from 18 to 21, the same age the state requires for handgun purchases.

Advocates say the thicket of firearm regulation­s has helped — California ranks 43rd out of the 50 states in gun deaths per capita, according to the Giffords Law Center to Prevent Gun Violence.

Even so, California continues to see its share of mass shootings. In March, a former soldier fatally shot three mental health workers with a rifle at a veterans home in Yountville before taking his own life. In November 2017, a deranged man with a history of criminal violence and barred from owning guns fatally shot five people in Tehama County with an assault rifle before being killed by police.

In December 2015, a married couple armed with military-style assault rifles and semiautoma­tic pistols fatally shot 14 people in a terrorist attack at a San Bernardino County holiday party before being killed by police.

The San Bernardino cou- ple, inspired by the Islamic State, got the rifles from a friend who bought them legally at the time in California. The Tehama County gunman used a homemade “ghost gun” built from parts that can be legally purchased.

Sen. Dianne Feinstein, who has made a career out of pushing for tighter gun restrictio­ns, said Thursday that the country’s spate of mass shootings have one thing in common: “easy access to guns.”

“Some will say California’s strong gun laws didn’t prevent this shooting,” Feinstein said in a statement. “But without stronger federal gun regulation­s, there’s little California can do to keep guns coming in from other states.”

The Thousand Oaks gunman, however, used a common semiautoma­tic pistol that authoritie­s said he bought legally in Ventura. It was unclear where or how he got the extended magazine, which Ventura County Sheriff Geoff Dean called illegal.

The sheriff lost one of his own sergeants in the shooting, compoundin­g the tragedy that fell on Dean’s last week on the job before he retires after 40 years.

“It can’t be any worse,” the sheriff said.

 ?? RMG NEWS VIA ASSOCIATED PRESS ?? In this image taken from video, a victim is carried from the scene of a shooting Wednesday in Thousand Oaks.
RMG NEWS VIA ASSOCIATED PRESS In this image taken from video, a victim is carried from the scene of a shooting Wednesday in Thousand Oaks.

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