Assault weapon

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For military rifles capable of fully automatic or burst fire, see Assault rifle. For other uses, see Assault weapon (disambiguation).
The Colt AR-15 Sporter SP1 Carbine is a semi-automatic rifle that fires one round each time the trigger is pulled, featuring a pistol grip, telescopic stock, and flash suppressor.
A semi-automatic Zastava M70AB2 rifle with a pistol grip, folding stock, and a bayonet lug.

Lua error in package.lua at line 80: module 'strict' not found. Assault weapon is a term used in the United States to define some types of firearms.[1] The definition varies among regulating jurisdictions, but usually includes semi-automatic firearms with a detachable magazine and a pistol grip, and sometimes other features such as a flash suppressor or barrel shroud.[1][2] Some firearms are specified by name.[3] At the time that the now-defunct Federal Assault Weapons Ban passed in 1994, the U.S. Justice Department said, "In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use."[3] The origin of the term is muddled and has been attributed to politicians, gun control groups, the media, and the firearms industry itself.[4][5][6][1] It is sometimes conflated with the term "assault rifle", which refers to selective-fire military rifles that can fire in automatic and burst mode.[5]

After the December 2012 Sandy Hook Elementary School shooting, many news organizations ran stories about assault weapons, explaining their varying definitions and presenting varying opinions about whether or not they should be banned again on the federal level.[1][7][8][5][9]

Definitions and usage

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Main article: Assault weapons legislation in the United States

Drawing from federal and state law definitions, the term assault weapon refers primarily to semi-automatic rifles, pistols, and shotguns that are able to accept detachable magazines and possess one or more other features.[2][9][10][11] Some jurisdictions define revolving cylinder shotguns as assault weapons.[12][13] Legislative definitions do not include fully automatic weapons, which are regulated separately as Title II weapons under federal law.[14][9][n 1] A key defining law was the now-defunct Federal Assault Weapons Ban of 1994.[14] At that time, the United States Department of Justice said, "In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use."[3]

Common attributes used in legislative definitions of assault weapons include:

Dictionary definitions vary from legal definitions. Dictionary.com defines "assault weapon" as "any of various automatic and semiautomatic military firearms utilizing an intermediate-power cartridge, designed for individual use."[17] Merriam-Webster's online definition is "any of various automatic or semiautomatic firearms; especially: assault rifle."[18]

History of terminology

Prior to its use in U.S. firearms laws, the term "assault weapon" was limited to naming certain military weapons, for example, the Rifleman's Assault Weapon, a grenade launcher developed in 1977 for use with the M16 assault rifle,[19] or the Shoulder-launched Multipurpose Assault Weapon, a rocket launcher introduced in 1984.[20]

In April 1985, Art Agnos introduced in the California State Assembly a bill to ban semi-automatic "assault firearms" capable of using detachable magazines of 20 rounds or more.[21][22] Speaking to the Assembly Public Safety Committee, Agnos said, "The only use for assault weapons is to shoot people."[21] The measure did not pass when it came up for a vote.[22]

In 2013, The Washington Post wrote of the term: "Many attribute its popularization to a 1988 paper written by gun-control activist and Violence Policy Center founder Josh Sugarmann and the later reaction to the Cleveland School massacre in Stockton, California, in January 1989."[5] Sugarmann had written:

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Assault weapons—just like armor-piercing bullets, machine guns, and plastic firearms—are a new topic. The weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons—anything that looks like a machine gun is assumed to be a machine gun—can only increase the chance of public support for restrictions on these weapons. In addition, few people can envision a practical use for these weapons.[23]

Others say the firearms industry itself introduced the term "assault weapon" to build interest in new product lines.[8] Phillip Peterson, the author of Gun Digest Buyer’s Guide to Assault Weapons (2008) wrote:

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The popularly held idea that the term 'assault weapon' originated with anti-gun activists is wrong. The term was first adopted by manufacturers, wholesalers, importers and dealers in the American firearms industry to stimulate sales of certain firearms that did not have an appearance that was familiar to many firearms owners. The manufacturers and gun writers of the day needed a catchy name to identify this new type of gun.[24]

Conservative writer Rich Lowry said that assault weapon is a "manufactured term."[25] Joseph P. Tartaro of the Second Amendment Foundation (SAF) wrote in 1994: "One of the key elements of the anti-gun strategy to gull the public into supporting bans on the so-called 'assault weapons' is to foster confusion. As stated previously, the public does not know the difference between a full automatic and a semi-automatic firearm."[4] Robert Crook, executive director of the Coalition of Connecticut Sportsmen, said "the term 'assault weapon,' as used by the media, is a media invention."[6]

Differing state law definitions

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Main article: Assault weapons legislation in the United States

Seven states have assault weapon bans with different definitions and characteristics.[26]

  • California defines assault weapons by name, by "series" (AK or AR-15), and by characteristic.[27] A shotgun with a revolving cylinder is also defined as an assault weapon.[12]
  • Connecticut defines assault weapons as selective-fire firearms (including assault rifles capable of fully automatic or burst fire); semi-automatic firearms specified by name; and semi-automatic firearms with specific characteristics.[13]
  • Hawaii defines and bans assault pistols.[28]
  • Maryland defines and bans assault pistols. It regulates 45 other assault weapons listed by make and/or model including copies, regardless of manufacturer.[28][29]
  • Massachusetts defines assault weapons as semi-automatic firearms with the same definition provisions from the expired federal ban of 1994.[30]
  • New York had an assault weapons ban prior to 2013, but on January 16 of that year it passed the SAFE Act, which created a stricter definition of assault weapons and banned them immediately.[31][32][33] The NY SAFE Act defines assault weapons as semi-automatic pistols and rifles with detachable magazines and one military-style feature, and semi-automatic shotguns with one military-style feature.[32]
  • Virginia defines certain firearms as assault weapons and regulates their sale and use.[28]

In Illinois, proposed legislation in 2013 would have defined the term "semi-automatic assault weapon" to mean any semi-automatic firearm able to accept a detachable magazine, but it was never brought to a vote.[34][35] The Illinois Rifle Association said most of the state's firearms owners owned one or more guns that would have been banned under the proposal.[36] The NRA said the proposal would have restricted about 50 percent of handguns and 75 percent of long guns in circulation.[36] As municipalities, Chicago and Cook County bans certain firearms defined as assault weapons and have no provision for legal possession of firearms owned before their laws were passed.[37][38] Minnesota also defines certain firearms as assault weapons and regulates their sales.[28]

Not "Assault rifles"

The term "assault weapon" is sometimes conflated with the term "assault rifle". According to the Associated Press Stylebook, the media should differentiate between "assault rifles," which are capable of fully automatic firing, and "assault weapons," which are semiautomatic and "not synonymous with assault rifle."[5] Civilian ownership of machine guns (and assault rifles) has been tightly regulated since 1934 under the National Firearms Act and since 1986 under the Firearm Owners Protection Act.[11]

"Cosmetic" features

Gun control advocates and gun rights advocates have referred to at least some of the features outlined in assault weapons bans as "cosmetic." The NRA Institute for Legislative Action and the Violence Policy Center both used the term in 2004 when the federal ban expired.[39][40] In May 2012, the Law Center to Prevent Gun Violence said, "the inclusion in the list of features that were purely cosmetic in nature created a loophole that allowed manufacturers to successfully circumvent the law by making minor modifications to the weapons they already produced."[41] Some reporters used the term in stories after the 2012 Aurora shooting and Sandy Hook Elementary School shooting.[42][43]

Assault weapons, also sometimes called "black guns" or "black rifles,"[44] are no more powerful than many other semi-automatic rifles legally used for hunting throughout the United States; they do not shoot faster or have greater range.[45]

The National Shooting Sports Foundation, a trade group organized "to promote, protect and preserve hunting and the shooting sports", states that the term assault weapon has been misapplied to many semi-automatic firearms because of their appearance and not their use in crime.[46]

Political and legislative issues

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Main article: Assault weapons legislation in the United States

Gun-rights advocates prefer the term modern sporting rifles.[1][47][48] Prominent gun-control groups that support restrictions on ownership of firearms include the Brady Campaign[49] and the Coalition to Stop Gun Violence.[50] Prominent opponents of assault-weapons bans include the National Rifle Association[51] and Gun Owners of America.[52] In 2002, the NRA's Wayne LaPierre and Jim Baker said "assault weapons" is a pejorative term.[53] The National Shooting Sports Foundation considers it a politically driven catchphrase aimed to conflate non-automatic weapons with full-automatic assault rifles.[46]

As of 2012, there are an estimated 2.5-3.7 million rifles from just the AR-15 family of rifles in civilian use in the United States; the total number of assault weapons in the United States among all types is not known, and can not be known because of the different definitions in different jurisdictions.[54] AR-15 rifles are a favorite for target shooting, hunting, and personal protection.[55]

Defunct U.S. Federal Assault Weapons Ban

This Ruger 10/22 rifle with a pistol grip and a folding stock was classified as an assault weapon under the Federal Assault Weapons Ban.
An Intratec TEC-DC9 with a 32-round magazine. This semi-automatic pistol has a threaded barrel and a magazine that attaches outside the pistol grip, two of the features listed in the Federal Assault Weapons Ban.

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Main article: Federal Assault Weapons Ban

The Public Safety and Recreational Firearms Use Protection Act of 1994, more commonly known as the Federal Assault Weapons Ban, expired in 2004. It banned the manufacture or importation of certain semi-automatic firearms that it defined as "semiautomatic assault weapons," commonly known as assault weapons. Any firearms so defined that were already possessed at the time the law took effect were grandfathered in, and could be legally owned or transferred. Another aspect of the law banned the manufacture or importation of magazines that could hold more than ten rounds of ammunition, with existing magazines grandfathered in as legal.[14]

The Federal Assault Weapons Ban of 1994 defined certain firearms as assault weapons based on the features they possessed. This included semi-automatic rifles with a detachable magazine and at least two of these features: a pistol grip, a folding or telescoping stock, a flash suppressor or threaded barrel, a bayonet mount, or a muzzle-mounted grenade launcher. It included semi-automatic pistols with a detachable magazine and at least two of these features: a magazine that attaches outside the pistol grip, a threaded barrel, a barrel shroud, or an unloaded weight of 50 ounces or more. Additionally defined as assault weapons were semi-automatic shotguns with a rotating cylinder, or with at least two of these features: a pistol grip, a folding or telescoping stock, a detachable magazine, or a fixed magazine that can hold more than five rounds.[14][11]

The ban also prohibited 19 specifically named models of firearms, as well as copies of those guns. These included the AK-47, Uzi, Galil, AR-15, FN FAL, MAC-10, Steyr AUG, TEC-9, and Armsel Striker.[14][11]

Failed Assault Weapons Ban of 2013 bill

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Main article: Assault Weapons Ban of 2013

On December 16, 2012, two days after the Sandy Hook Elementary School shooting, Senator Dianne Feinstein said she would introduce a new assault weapons ban on the first day of Congress.[56] Five days later, on December 21, Wayne LaPierre, chief executive of the National Rifle Association, held a news conference repeating the NRA's opposition to gun control.[57][58] Feinstein and Senator Richard Blumenthal held a separate news conference in response.[59] There, Feinstein said that it seemed to her "prudent" to register grandfathered assault weapons under the National Firearms Act (NFA).[60] A two-page bill summary on the senator's web site also mentioned registering grandfathered assault weapons under the NFA,[61] but the text of the bill introduced to the Senate did not include that provision.

On January 24, 2013, Feinstein introduced S. 150, the "Assault Weapons Ban of 2013." The bill was similar to the 1994 ban, but differed in that it used a one-feature test for a firearm to qualify as an assault weapon rather than the two-feature test of the 1994 ban. On April 17, 2013, it failed on a Senate vote of 60 to 40.[62]

See also

Notes

  1. ↑ Title II weapons are heavily regulated by the National Firearms Act (NFA) of June 26, 1934, passed in response to infamous Prohibition era use of Thompson Submachine Guns and the US Army's M1918 Browning Automatic Rifle.[15]

References

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ 2.0 2.1 Lua error in package.lua at line 80: module 'strict' not found.
  3. ↑ 3.0 3.1 3.2 Lua error in package.lua at line 80: module 'strict' not found.
  4. ↑ 4.0 4.1 Lua error in package.lua at line 80: module 'strict' not found.
  5. ↑ 5.0 5.1 5.2 5.3 5.4 Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ 6.0 6.1 Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  8. ↑ 8.0 8.1 Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ 9.0 9.1 9.2 Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  11. ↑ 11.0 11.1 11.2 11.3 11.4 Lua error in package.lua at line 80: module 'strict' not found.
  12. ↑ 12.0 12.1 Lua error in package.lua at line 80: module 'strict' not found.
  13. ↑ 13.0 13.1 Lua error in package.lua at line 80: module 'strict' not found.
  14. ↑ 14.00 14.01 14.02 14.03 14.04 14.05 14.06 14.07 14.08 14.09 14.10 Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  16. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  17. ↑ Definition of "assault weapon", Dictionary.com. Retrieved December 29, 2012.
  18. ↑ Definition of "assault weapon", Merriam-Webster. Retrieved December 29, 2012.
  19. ↑ Jane's Infantry Weapons 1995–96, p. 219.
  20. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  21. ↑ 21.0 21.1 Lua error in package.lua at line 80: module 'strict' not found.
  22. ↑ 22.0 22.1 Lua error in package.lua at line 80: module 'strict' not found.
  23. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  24. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  25. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  26. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  27. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  28. ↑ 28.0 28.1 28.2 28.3 Lua error in package.lua at line 80: module 'strict' not found.
  29. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  30. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  31. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  32. ↑ 32.0 32.1 Lua error in package.lua at line 80: module 'strict' not found.
  33. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  34. ↑ Acevedo, Edward J. (January 4, 2013). Amendment to Senate Bill 2899, Illinois General Assembly web site. Retrieved January 18, 2013. "In this Section: "Semi-automatic assault weapon" means: ... (C-2) a semi-automatic rifle or a pistol with the capacity to accept a detachable magazine, a muzzle brake, or muzzle compensator..."
  35. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  36. ↑ 36.0 36.1 Lua error in package.lua at line 80: module 'strict' not found.
  37. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  38. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  39. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  40. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  41. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  42. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  43. ↑ More cosmetic sources:
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  44. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  45. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  46. ↑ 46.0 46.1 "Lua error in package.lua at line 80: module 'strict' not found.
  47. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  48. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  49. ↑ "Federal Gun Laws: Assault-Style Weapons", Brady Campaign to Prevent Gun Violence. Retrieved January 6, 2013.
  50. ↑ "Issues and Campaigns: Assault Weapons", Coalition to Stop Gun Violence. Retrieved January 6, 2013.
  51. ↑ "Semi-Automatic Firearms and the 'Assault Weapon' Issue", National Rifle Association – Institute for Legislative Acton, June 3, 2011. Retrieved January 6, 2013.
  52. ↑ "Assault Weapons Bans: A Solution in Search of a Problem", Gun Owners of America, December 24, 2008. Retrieved January 6, 2013.
  53. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  54. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  55. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  56. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  57. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  58. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  59. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  60. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  61. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  62. ↑ Lua error in package.lua at line 80: module 'strict' not found.
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