European Stars and Stripes (Newspaper) - February 16, 1990, Darmstadt, Hesse                                Friday february 16, 1990 the stars and stripes Page 7 Era suit targets California gun Law by the Washington Post los Angeles the National Rifle association several gun owners another organizations sued California s at Torney general wednesday to overturn the nation s first statewide ban on assault weapons. The action shifted a National debate about military style firearms from the legislative to the judicial Arena. The 26-Page complaint filed in . District court in Fresno challenged California s ban of 56 different semiautomatic weapons on several grounds. The grounds included violation of constitutional rights to privacy and to Bear arms and Preemption by existing Federal Law. The state legislature with unaccustomed support from Republican gov. George Duck Majian. Passed the ban on manufacture Sale or unregistered posses Sion of assault weapons. The Law was in response to the Jan. 17. 1989, killing of five schoolchildren in Stockton calif., by an emotionally disturbed unemployed welder. The Stockton killings also inspired a Federal import ban on assault weapons and new gun control measures in several other slates. It was the worst series of political setbacks the Era had sustained in 20 years. The National Campaign against assault weapons has focused on the weapons rapid Ore capability and killing Power because it was useful to criminals and attractive to the emotionally unbalanced but not suitable for legitimate Hunting. The suit emphasized the weapons use in target shooting and other Legal exercises. Joining the Era were the Fresno Rifle and pistol club and several private citizens and police officers who use banned weapons particularly the Collar is in federally sanctioned shooting competitions. Colt no longer makes the ar-15. The weapon a civilian version of the military m-16, is popular with gun owners. Richard Gardiner director of state and local affairs for the Era s Institute for legislative action noted in a statement that the suit docs not Chal Lenge the Law s stiffer penalties for Crimi Nal use of assault weapons. But the Overall ban on such weapons merely restrict s the rights of Law Abid ing  he said. Criminals will continue to use whatever gun they want and obtain it by any illegal Means the California ban allows target shooters and other legitimate users to Register their assault weapons if Pur chased before last july 1. Weapons purchased subsequently could not be registered unless they filled a non personal commercial need such As use in a television drama or had Public necessity such As police or Mil itary work. The suit said that provision violated the equal Protection of Laws under Testate Constitution. It said the Law also violated constitutional rights against self incrimination by not allowing an owner to seek registration until after last Jan. I. When unregistered Possession of such weapons became illegal. The suit said one of the plaintiffs Era member Ronald c. Fuchs of Glen Dale ariz., could not legally transport his unloaded ar-15 through California to shooting Competition in Oregon under the new Law. Since the Federal firearms owners Protection act of 1986 permits such transport this provision of the state Law should be declared invalid and void the suit  Assembly member Mike Roos. A los Angeles one of the Law s principal sponsors called the suit an Era attempt to muddle to confuse on the eve of expected Assembly endorsement of a new 15-Day waiting period for Purchase of All rifles not covered by the assault weapon  said target show tors rights to own any weapon Nad to give Way to the need to rid society of guns designed to kill people. If the courts overturned the Law he said fully automatic machine guns considered More dangerous than Semi automatics could become leg Alonce anyone organized a machine gun  attorney general John Van do Kamp a gubernatorial candidate who must defend against the suit chided the Era for taking a ridiculous  he added i am convinced that Street gang members have no constitutional right to own assault  stage fright judge wins $56,002 pens on for life san Diego a a judge who resigned after developing what he called stage fright on the Bench has won a lifetime disability pension at age 44. Former municipal judge Joseph k. Davis was awarded the pension currently Worth $56.002 annually to set the a dispute with a state Agency Over the severity of psychiatric problems he developed in nine years on the Bench. Davis resigned a year ago. The final Day of a six year term. He had actually slopped working More than a year earlier when he filed fora disability pension. In the lawsuit filed last summer. Davis said he developed stage fright about a car after taking the Bench. Complicated by depression with and  the problem became so bad that it interfered with Davis ability to perform routine judicial tasks and required him to take inordinate amounts of Iran  through the Job. He said. Despite efforts to mask the problem it worsened to the Point where he experienced panic in any Public setting where he was expected to speak he said. There is no Telephone listing for Davis in san Diego and his lawyer. John Mitchell said wednesday he would not discuss the Case. Davis sued after the state commission on judicial performance which oversees the retirement benefits and discipline of judges denied him a disability pension. But in september. Superior court judge Kevin Midlam found the commis Sion had acted arbitrarily. He said none of the four doctors who examined Davis disputed his claim that he could no longer perform his judicial functions. Two months later the commission chose to Settle rather than Appeal. Mid Lam approved the settlement providing for a pension for Davis. The agreement included a stipulation striking Midlam s finding that the Agency acted  that was one of the reasons we entered into the settlement said Jack Frankel the commission s director and chief counsel. Frankel said the commission had con tested Davis pension claim because it Felt All avenues of treatment had not been exhausted. State Law provides for lifetime pen Sions totalling 65 percent of an Active judge s salary for any former jurists who no longer can do the Job because of a mental or physical disability that is per manent or Likely to become so. The pension is tied to salaries paid Active municipal court judges so Davis pension could increase. Substantially smaller than the postage stamp on which it lies ism s new 16 megabit Mentor Chip nevertheless has a a mighty bit prodigious capability for Nork. Being Able to read the 16.777,216 bits in its memory Bank in one-25th of a second. Citadel rejects woman applying for Cadet corps Charleston. . A the first woman to apply for admission to the Citadel s corps of cadets had been rejected under the military Academy s men Only Rule. The . Justice department has indicated it will consider the school s decision on the woman s application in deciding whether to investigate the policy. The department recently ordered Virginia military Institute the Only other state supported military Academy in the country to admit women or face a lawsuit. Virginia responded by challenging the order in its own lawsuit. Women Are admitted to summer and evening classes and can Cam a degree from the Citadel but since the state supported military Academy was founded 148 years ago. No woman has been admitted to the 2,000-Mcmbcr Cadet corps. The rejected Citadel application was the first Ever from a woman a school spokesman said. Indian activist gets prison term Lumberton . A an Indian activist pleaded guilty wednesday to 14 Kidnap charges Stem Ming from the armed seizure of a newsroom in 1988 and was sentenced to 18 years in prison. Eddie Hatcher 32, and fellow Tuscarora tribesman Timothy Jacobs had claimed they were trying to draw attention to local Law enforcement s alleged involvement in drug dealing when they held As Many As 20 people hostage at the Robeson an newspaper on feb. 1,1988. The pair armed with shotguns surrendered to the Fri alter 10 hours. After Hatcher and Jacobs were tried and acquitted on Federal kidnapping charges a Robeson county grand jury indicted them on stat charges. Jacobs pleaded guilty to kidnapping charges last year and received a six year sentence. Hatcher made no statement during wednesday s court appearance. He answered Only yes or no As Superior court judge Coy Brewer or. Asked him about the plea bargain. The hearing contrasted with Hatcher s last appearance when he threw pens at a judge and called him a  defense attorney Barry Nakell said Hatcher who faced a maximum sentence of 420 years on the charges had decided on his own to seek the plea bargain. Nakell said the newspaper seizure had led to some Small measures of Progress but not the thorough investigation the situation  District attorney Richard Townsend said Hatcher and his lawyers had created a Media circus with their charges but he said none of them had been valid. There have been attempts to influence what Hap pens in this courtroom by making accusations and the Wilder the better Townsend said. But the Only accusations that have been found to have any Merit Are the 14 charges of kidnapping in this  Townsend said Hatcher s flight from Robeson county to seek Asylum at two Indian reservations and the soviet consulate in san Francisco combined with his charges of official corruption sounds like a plot line from Dallas with meet the press thrown in and a dash of Miami vice Townsend said the newspaper hostages had agreed to the plea bargain. It certainly was acceptable to me said Lee Hamil ton one of the Robeson an reporters held. I definitely thought he would drag it out As Long As he could and get All the attention he