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{{Short description|Controversial term used in U.S. firearm legislation}} | |||
{{About|the American legal and political term|fully automatic military rifles|Assault rifle|other uses}} | |||
{{About|firearms restricted by some United States laws|rifles capable of selective fire|Assault rifle|other uses|Assault weapon (disambiguation)}} | |||
{{Pp-semi-indef}} | |||
{{Use mdy dates|date=January 2016}} | |||
] carbine is a ] chambered for fixed ] that fires one round each time the trigger is pulled. The weapon features a ], a ], and an ]]] | |||
{{USgunlegalbox}} | {{USgunlegalbox}} | ||
In the ], '''''assault weapon''''' is a controversial term applied to different kinds of ]s.<ref name=Goode130116/> There is no clear, consistent definition. It can include ]s with a detachable ], a ], and sometimes other features, such as a ], ], or ].<ref name=Goode130116/><ref name=Babay121222/> Certain firearms are specified by name in some laws that restrict assault weapons.<ref name=Levs130131/> When the now-defunct ] was passed in 1994, the ] 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."<ref name=Levs130131/> The commonly used definitions of assault weapons are under frequent debate, and have changed over time.<ref name=Goode130116/> | |||
'''Assault weapon''' is a political and legal term that refers to different types of ]s and ]s, and is a term that has differing meanings, usages and purposes. | |||
The origin of the term has been attributed to legislators, the firearms industry, ] groups,<ref name="Tartaro1995" /><ref name="GDBG2AWs2008" /><ref name="Blake130117"/> and the media.<ref name="Kauffman121218"/> It is sometimes used interchangeably with the term ],<ref name="Poole">{{Cite book |last=Poole |first=Helen |title=Firearms: Global Perspectives on Consequences, Crime and Control |publisher=Routledge |year=2021 |pages=21}}</ref> which refers to ] rifles that use ]s.<ref name="Blake130117" /> This use has been described as incorrect and a misapplication of the term.<ref name="Poole" /><ref>{{cite web |first=Debbie |last=Lord |date=May 26, 2022 |url=https://www.wokv.com/news/trending/assault-weapon-vs-assault-rifle-what-is-difference/ERZB7FLQ4F6CTFHZ6SYBBCHERA/ |title=Assault Weapon vs. Assault Rifle: What Is the Difference? |website=] |access-date=June 3, 2022 |archive-date=September 28, 2022 |archive-url=https://web.archive.org/web/20220928032053/https://www.wokv.com/news/trending/assault-weapon-vs-assault-rifle-what-is-difference/ERZB7FLQ4F6CTFHZ6SYBBCHERA/ |url-status=live }}</ref> After the December 2012 ], many news organizations ran stories about assault weapons, explaining their varying definitions and presenting varying opinions about whether they should be banned again at the federal level.<ref name=Goode130116>{{cite news |title=Even Defining 'Assault Rifles' Is Complicated |author=Goode, Erica |url=https://www.nytimes.com/2013/01/17/us/even-defining-assault-weapons-is-complicated.html?pagewanted=all |newspaper=The New York Times |date=January 16, 2013 |access-date=January 18, 2013}}</ref><ref name=Blake130117>{{cite news |last=Blake |first=Aaron |date=January 17, 2013 |title=Is It Fair to Call Them 'Assault Weapons'? |url=https://www.washingtonpost.com/blogs/the-fix/wp/2013/01/17/is-it-fair-to-call-them-assault-weapons/ |newspaper=The Washington Post |access-date=January 19, 2013}}</ref><ref name=Lallanilla130117>{{cite news |last=Lallanilla |first=Marc |date=January 17, 2013 |title=What Is an Assault Weapon? |url=https://www.foxnews.com/science/what-is-an-assault-weapon/ |publisher=Fox News Channel |access-date=January 19, 2013}}</ref> | |||
In discussions about ] and ] in the United States, an assault weapon is most commonly defined as a ] possessing certain cosmetic, ergonomic, or construction features similar to those of military firearms. Semi-automatic firearms fire one ] (round) each time the ] is pulled; the spent ] case is ejected and another cartridge is loaded into the ], without requiring the manual operation of a ], a ], or a ]. In this context an assault weapon often defined as having a detachable ], in conjunction with one, two, or more other features such as a ], a folding or collapsing ], a ], or a ].<ref name=Philly/> Most assault weapon definitions are limited to ]s, but ]s or ]s may also fall under the definition(s) or be specified by name. | |||
==Definitions and usage== | |||
The exact definition of the term in this context varies among each of the various jurisdictions limiting or prohibiting assault weapon manufacture, importation, sale, or possession, and legislative attempts are often made to change the definitions. Governing and defining laws include the now-expired ],<ref name=FedBan94>, Government Printing Office. Retrieved January 27, 2013.</ref> as well as state and local laws often derived from or including definitions verbatim from the expired Federal Law. | |||
{{Main|Assault weapons legislation in the United States}} | |||
Drawing from federal and state law definitions, the term assault weapon refers primarily to ]s, ], and ] that are able to accept detachable magazines and possess one or more other features.<ref name=Babay121222>{{cite news |last=Babay |first=Emily |date=December 22, 2012 |title=Confusion abounds: Just what is an 'assault weapon'? |url=http://articles.philly.com/2012-12-22/news/35955483_1_assault-weapons-assault-weapon-bans-fully-automatic-firearms |archive-url=https://web.archive.org/web/20130330013801/http://articles.philly.com/2012-12-22/news/35955483_1_assault-weapons-assault-weapon-bans-fully-automatic-firearms |url-status=dead |archive-date=March 30, 2013 |publisher=Philadelphia Media Network |access-date=December 28, 2012 }}</ref><ref name=BAW2004>{{cite web |author=<!--Staff writer(s); no by-line.--> |date=April 2004 |title=Banning Assault Weapons: A Legal Primer for State and Local Action |url=http://smartgunlaws.org/wp-content/uploads/2012/05/Banning_Assault_Weapons_A_Legal_Primer_8.05_entire.pdf |publisher=] |access-date=December 27, 2012 |quote=Assault weapons are semiautomatic firearms designed with military features to allow rapid and accurate spray firing. |archive-date=October 21, 2013 |archive-url=https://web.archive.org/web/20131021205130/http://smartgunlaws.org/wp-content/uploads/2012/05/Banning_Assault_Weapons_A_Legal_Primer_8.05_entire.pdf |url-status=dead }}</ref><ref name=Koerner040916/> Some jurisdictions define revolving-cylinder shotguns as assault weapons.<ref name=SB23-2000>{{cite web |author=<!--Staff writer(s); no by-line.--> |year=2000 |title=Senate Bill 23 Assault Weapon Characteristics |url=http://oag.ca.gov/firearms/regs/genchar2 |website=oag.ca.gov |publisher=California DOJ |access-date=January 23, 2015}}</ref><ref name="ConnJudicial">{{cite web|url=https://www.cga.ct.gov/current/pub/chap_943.htm#sec_53-202a|title=Assault weapon|date=11 September 2018|website=Connecticut Law About Firearms|publisher=Connecticut General Statutes|access-date=11 September 2018}}</ref> Legislative definitions do not include fully automatic weapons, which are regulated separately as ] under federal law.<ref name=FedBan94/>{{refn|group=n|Title II weapons are heavily regulated by the ] of June 26, 1934, passed in response to infamous Prohibition era use of ]s and ]s.<ref name=Ballou>{{cite book |last=Ballou |first=James L. |year=2000 |title=''Rock in a Hard Place: The Browning Automatic Rifle'' |publisher=Collector Grade Publications Inc. |isbn=978-0-88935-263-6 |pages=77–79}}</ref>}} A key defining law was the now-defunct ] of 1994.<ref name=FedBan94>{{cite web |author=103rd Congress |year=1994 |title=Public Safety and Recreational Firearms Use Protection Act, H.R.3355 |url=http://www.gpo.gov/fdsys/pkg/BILLS-103hr3355enr/pdf/BILLS-103hr3355enr.pdf |publisher=Government Printing Office |location=Washington, D.C. |pages=201–15 |access-date=January 27, 2013}}</ref> At that time, the ] 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."<ref name=Levs130131>{{cite news |last=Levs |first=Josh |date=January 31, 2013 |title=Loaded language poisons gun debate |url=http://www.cnn.com/2013/01/31/politics/gun-language/index.html |publisher=CNN |access-date=January 31, 2013 }}</ref> | |||
Whether or not assault weapons should be legally restricted more than other firearms, how they should be defined, and even whether or not the term "assault weapon" should be used at all, are questions subject to considerable debate.<ref name=NYTimesComplicated>{{cite news |title=Even Defining 'Assault Weapons' Is Complicated |author=Goode, Erica |url=http://www.nytimes.com/2013/01/17/us/even-defining-assault-weapons-is-complicated.html?pagewanted=all |newspaper=New York Times |date=January 16, 2013 |accessdate=January 18, 2013}}</ref><ref name=FoxNewsWhatIs>{{cite news |title=What Is an Assault Weapon? |author=Lallanilla, Marc |url=http://www.foxnews.com/science/2013/01/17/what-is-assault-weapon/ |work=Fox News |date=January 17, 2013 |accessdate=January 19, 2013}}</ref><ref name=SJMNWhatIs>{{cite news |title=Assault Weapons: What Are They, and Should They Be Banned? |author=Richman, Josh |url=http://www.mercurynews.com/nation-world/ci_22396050/assault-weapons-what-are-they-and-should-they |newspaper=San Jose Mercury News |date=January 18, 2013 |accessdate=January 19, 2013}}</ref><ref name=WashPostIsItFair>{{cite news |title=Is It Fair to Call Them 'Assault Weapons'? |author=Blake, Aaron |url=http://www.washingtonpost.com/blogs/the-fix/wp/2013/01/17/is-it-fair-to-call-them-assault-weapons/ |newspaper=Washington Post |date=January 17, 2013 |accessdate=January 19, 2013}}</ref><ref name="Media Myths on assault weapons">{{cite news |title=Media Myths on 'Assault Weapons' and 'Semiautomatic Firearms' |author=Carney, Timothy P. |url=http://washingtonexaminer.com/media-myths-on-assault-weapons-and-semiautomatic-firearms/article/2516156 |newspaper=Washington Examiner |date=December 17, 2012 |accessdate=January 3, 2013}}</ref> As a political and legal term, it is highly controversial. Some have asserted that the term is a media invention<ref name="Assault_Weapon_media_invention"/> or a term that was intended by gun control activists to foster confusion with the public over differences between fully automatic and semi-automatic firearms,<ref name="intentional_confusion"/> while others argue that the term was promulgated by the firearms industry itself in the 1980s<ref name=NYTimesComplicated>{{cite news |title=Even Defining 'Assault Weapons' Is Complicated |author=Goode, Erica |url=http://www.nytimes.com/2013/01/17/us/even-defining-assault-weapons-is-complicated.html?pagewanted=all |newspaper=New York Times |date=January 16, 2013 |accessdate=January 18, 2013}}</ref> and used as a marketing tactic to stimulate sales of certain guns that had an unfamiliar appearance in the wake of slumping handgun sales.<ref>{{cite web|last=Herz|first=Andrew|title=Gun Carzy: Constitutional False Consciousness and Dereliction of Dialogic Responsibility|url=http://www.saf.org/lawreviews/herz1.html|work=Boston University Law Review|accessdate=17 February 2013|pages=57|year=1995|quote=In response to the slump in handgun sales in the early 1980s, firearms manufacturers developed new lines of powerful, high-capacity, and technically advanced pistols. Many of the new semiautomatic handguns are classified as "assault weapons" because of their "sporterized" features.}}</ref> | |||
Common attributes used in legislative definitions of assault weapons include: | |||
The term "assault weapon" is sometimes ] with the term "]" which refers only to military rifles capable of ], including ] fire and/or ].<ref>{{cite web|url=http://www.britannica.com/EBchecked/topic/39165/assault-rifle |title="Assault rifle." Encyclopædia Britannica. 2010. Encyclopædia Britannica Online. 03 Jul. 2010 |publisher=Britannica.com |date= |accessdate=2013-01-02}}</ref> In the United States, fully automatic firearms are heavily restricted and regulated by federal laws such as the ] of 1934 and the ] of 1986, as well as by state and local laws. | |||
* ] capable of accepting a ];<ref name=Koerner040916/><ref name=FedBan94/> | |||
* ] or ],<ref name=FedBan94/> which reduces the overall length of the firearm;<ref name=CQR041112>{{cite journal |last=Adams |first=Bob |date=November 12, 2004 |title=Gun Control Debate |url=http://library.cqpress.com/cqresearcher/document.php?id=cqresrre2004111200 |journal=CQ Researcher |volume=14 |issue=40 |pages=949–72 |access-date=December 3, 2013}}</ref> | |||
* A ] that protrudes beneath the ] of the weapon;<ref name=FedBan94/> | |||
* ],<ref name=FedBan94 /> which allows the mounting of a ]; | |||
* ] barrel, which can accept muzzle devices such as a ], ],<ref name=FedBan94/> ] or ]; | |||
* ];<ref name=FedBan94/> | |||
* ].<ref name=FedBan94/> | |||
Dictionary definitions vary from legal definitions. Dictionary.com defines "assault weapon" as "any of various automatic and semiautomatic military firearms utilizing an ], designed for individual use".<ref>Definition of , Dictionary.com. Retrieved December 29, 2012.</ref> The ''Merriam-Webster Online Dictionary''{{'}}s definition is "any of various automatic or semiautomatic firearms; especially: assault rifle".<ref>Definition of . ''Merriam-Webster Online Dictionary''. Retrieved December 29, 2012.</ref> | |||
The term "assault weapon" is also used to refer to some weapons that are used by the military for offensive operations in battle, such as ] used for anti-tank and bunker destruction purposes and various other weapons using flammable munitions and/or explosives. | |||
==Definitions and usage== | |||
The term ''assault weapon'' refers primarily but not exclusively to semi-automatic ] that are able to accept detachable magazines and possess certain features.<ref name="Media Myths on assault weapons">{{cite web|url=http://washingtonexaminer.com/media-myths-on-assault-weapons-and-semiautomatic-firearms/article/2516156#.UNtez2_Ad8E| title= Media myths on ‘assault weapons’ and ‘semiautomatic firearms’ |publisher=Washington Examiner | author = Timothy P. Carney | date=December 17, 2012 | accessdate=2012-12-26 }}</ref><ref name="AWB_definition">{{cite web|url=http://smartgunlaws.org/wp-content/uploads/2012/05/Banning_Assault_Weapons_A_Legal_Primer_8.05_entire.pdf| title= Banning Assault Weapons – A Legal Primer for State and Local Action |publisher= Legal Community Against Violence | date= April 2004 | accessdate=2012-12-27 | quote= Assault weapons are semiautomatic firearms designed with military features to allow rapid and accurate spray firing.}}</ref> Definitions from the 1994 Assault Weapons Ban only specified semi-automatic weapons.<ref name="Media Myths on assault weapons"/><ref name =FederalBan>, which contains a definition of the term "semiautomatic assault weapon".</ref> Certain cosmetic features rather than fully automatic operation caused a gun to be classified as an assault weapon.<ref name="mental_illness">{{cite web|url=http://professional.wsj.com/article/SB10001424127887323723104578185271857424036.html?mod=WSJ_hps_sections_opinion | title= Guns, Mental Illness and Newtown |publisher=Wall Street Journal | author = David Kopel | date=December 17, 2012 | accessdate=2012-12-18 | quote = None of the guns that the Newtown murderer used was an assault weapon under Connecticut law. This illustrates the uselessness of bans on so-called assault weapons, since those bans concentrate on guns' cosmetics, such as whether the gun has a bayonet lug, rather than their function.}}</ref><ref> '']''</ref> ]s, when fired, automatically extract the spent cartridge casing and load the next cartridge into the chamber, ready to fire again. They do not fire automatically like a machine gun. Rather, only one round is fired with each ] pull.<ref name="mental_illness"/> | |||
Nonetheless, assault weapon is a term that has been given many different meanings.<ref name ="Philly">Babay, Emily (December 22, 2012). , Philly.com. Retrieved December 28, 2012.</ref> For example, some pistols are also classified as assault weapons, despite clearly not possessing the cosmetic features of an assault rifle, under both state and federal laws.<ref name="Slate"/> Another definition is any of various ] and ] military ] utilizing an ]-power ].<ref>Definition of , Dictionary.com. Retrieved December 29, 2012.</ref><ref>Definition of , Merriam-Webster. Retrieved December 29, 2012.</ref> The reason is that since the definition of assault weapon is only defined by cosmetic features, both semi-automatic firearms that possess these features, as well as full-auto firearms that possess these same features, irrespective of the presence or absence of the operational functions of assault rifles, is enough in some states to cause a firearm to be classified by the term "assault weapon". Federal laws, however, clearly make the distinction that assault weapons that possess both the cosmetic and operational features of assault rifles are ], not assault weapons, and Title II weapons are heavily regulated by the ] of June 26, 1934, passed in response to infamous Prohibition era use of machine guns. (For example, the US Army's ] machine gun was a favorite of gangster ] (1909 – May 23, 1934), who obtained his through periodic robberies of Army National Guard armories in the Midwest.<ref name="Ballou">{{cite book | title= ''Rock in a Hard Place: The Browning Automatic Rifle'' | author=Ballou, James L.| year = 2000 | publisher = Collector Grade Publications Inc. | ISBN= 0-88935-263-1 | pages=77–79}}</ref>) In California, even some manually operated firearms, such as ] rifles, are essentially treated as assault weapons.<ref name="50_BMG_2005">{{cite web|url=http://oag.ca.gov/firearms/50bmgfaqs | title=Frequently Asked Questions .50 BMG Rifle Registration |publisher=State of California Department of Justice| accessdate=2012-12-26 | quote =Effective January 1, 2005, the .50 Caliber BMG Regulation Act of 2004 regulates the .50 BMG rifles in essentially the same manner as assault weapons. The law generally prohibits the manufacturing, importation, sale and possession of .50 BMG rifles. The same basic exceptions that apply to assault weapons will also apply to the new .50 BMG rifle restrictions. For individuals who lawfully possessed .50 BMG rifles prior to January 1, 2005, the new law also provides for the registration and possession of their .50 BMG rifles.}}</ref> | |||
Some state laws, however, make no such distinction, classifying all firearms with either the cosmetic features or the actual operational features of ] as assault weapons. Hence, some state definitions of assault weapon explicitly include assault rifles. For example, in ], an assault weapon is legally defined as "any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user".<ref name=ConnJudicial>{{cite web|title=Assault weapon|url=http://www.jud.ct.gov/ji/criminal/glossary/assaultweapon.htm|publisher=State of Connecticut Judicial Branch|accessdate=December 29, 2012}}</ref> Only seven states have such state-level assault-weapons bans in place;<ref name="seven_states">{{cite web|url=http://online.wsj.com/article/SB10001424127887323777204578192013919197452.html | title=Cuomo for Gun Laws |publisher=Wall Street Journal | author = Laura Nahmias | date=December 22, 2012 | accessdate=2012-12-26 | quote =New York is one of only seven states that have assault-weapons bans in place, according to the Brady Campaign to End Gun Violence. }}</ref> in all other states, assault weapons are considered semi-automatic only, per prior definitions established by federal law.<ref name="Media Myths on assault weapons"/><ref name="FederalBan"/> Even within the seven states with their own state-level assault weapon bans there are differences in the legal definitions of assault weapons. For example, Massachusetts and New York, two states from the set of seven states that have their own assault weapons bans, define assault weapons as being semi-automatic firearms, only.<ref>{{cite web |url=http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121 |title=General Laws: Title XX, Chapter 140, Section 121 |date= |work=Massachusetts Laws |publisher=The 188th General Court of the Commonwealth of Massachusetts |accessdate=January 3, 2013}}</ref><ref name="NY_Law">{{cite web|url=http://codes.lp.findlaw.com/nycode/ADC/10/3/10-301 | title=N.Y. ADC. LAW § 10-301 : NY Code - Section 10-301: Control and regulation of the disposition, purchase and possession of firearms, rifles, shotguns and assault weapons | accessdate=2012-12-28}}</ref> The vast majority of states define assault weapons as being semi-automatic firearms only. | |||
===History of terminology=== | ===History of terminology=== | ||
The origin of the term is not clearly known and is the subject of much debate. In the past, the names of certain military weapons used the phrase, such as the ], a grenade launcher developed in 1977 for use with the ] assault rifle,<ref>''Jane's Infantry Weapons 1995–96'', p. 219.</ref> or the ], a rocket launcher introduced in 1984.<ref name=AboutviaUSMC>{{cite web |author=<!--Staff writer(s); no by-line.--> |title=Marine Corps Fact File: Shoulder-Launched Multipurpose Assault Weapon (SMAW) |url=http://usmilitary.about.com/library/milinfo/marinefacts/blsmaw.htm |publisher=About.com |access-date=May 8, 2014 |archive-date=July 22, 2016 |archive-url=https://web.archive.org/web/20160722130950/http://usmilitary.about.com/library/milinfo/marinefacts/blsmaw.htm |url-status=dead }}</ref> | |||
During World War II, Adolf Hitler personally chose the name "Sturmgewehr" (literally, "storm rifle", translated in English as "assault rifle") to describe a new class of small arm, the ], which combined the characteristics of a ], ] and ].<ref name="Stg44">{{cite web|url=http://www.lonesentry.com/articles/ttt07/stg44-assault-rifle.html |title=Tactical and Technical Trends, No. 57, April 1945, War Department |publisher=Lonesentry.com |date=2007-05-10 |accessdate=2011-09-17}}</ref> Prior to the 1980s, the term "assault weapon" was used in the context of military weapons systems, such as for the ], an American grenade launcher developed in 1977 for use with the ] assault rifle.<ref>''Jane's Infantry Weapons 1995–96'', p. 219.</ref> | |||
One of the earliest uses of the term, or a similar term, in its current meaning was as part of an advertisement in '']'' (Kansas) in 1978 for the ], the ], and the ].<ref name=OED>{{Cite OED|Assault weapon}}</ref> Another was in a bill introduced by ] in the ] in April 1985 to ban semi-automatic "assault firearms" capable of using detachable magazines of 20 rounds or more.<ref name=Ingram850409>{{cite news |last=Ingram |first=Carl |date=April 9, 1985 |title=Restricting of Assault-Type Guns Okd by Assembly Unit |url=https://www.latimes.com/archives/la-xpm-1985-04-09-mn-27984-story.html |newspaper=Los Angeles Times |archive-url=https://web.archive.org/web/20131201034612/http://articles.latimes.com/1985-04-09/news/mn-27984_1_machine-guns |archive-date=December 1, 2013 |url-status=live }}</ref><ref name=Kavey851101>{{Cite magazine |last=Kavey |first=Fred |date=November 1, 1985 |title=California: gun control's primary target |magazine=Guns & Ammo Magazine }}</ref> Speaking to the Assembly Public Safety Committee, Agnos said, "The only use for assault weapons is to shoot people."<ref name=Ingram850409/> The measure did not pass when it came up for a vote.<ref name=Kavey851101/> | |||
In 2013, '']'', looking into the history of the term, 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 ] in Stockton, California, in January 1989."<ref name=Blake130117/> ] had written: | |||
{{ |
{{Quote|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.<ref name="AWA1988conc">{{cite web |last=Sugarmann |year=1988 |first=Josh |title=Assault Weapons and Accessories in America |url=http://www.vpc.org/studies/awaconc.htm |publisher=] |access-date=February 26, 2005 }}</ref>}} | ||
{{cite web | |||
| url = http://www.vpc.org/studies/awaconc.htm | |||
| title = Assault Weapons & Accessories | |||
| accessdate = 2005-02-26 | |||
| publisher = ] | |||
| quote = 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. | |||
}}</ref><ref> | |||
{{cite book |title=Assault Weapons and Accessories in America |last=Sugarmann |first=Josh |authorlink= |coauthors= |year=1988 |publisher=Firearms Policy Project of the ] |location=Washington, D.C. |isbn=9780927291002 |page= |pages= |url=http://www.worldcat.org/oclc/64016413&referer=brief_results }}</ref>}} | |||
Other researchers have found evidence to suggest that the firearms industry itself may have introduced the term "assault weapon" to build interest in new product lines.<ref name=Richman130118>{{cite news |last=Richman |first=Josh |date=January 18, 2013 |title=Assault Weapons: What Are They, and Should They Be Banned? |url=http://www.mercurynews.com/nation-world/ci_22396050/assault-weapons-what-are-they-and-should-they |newspaper=San Jose Mercury News |access-date=January 19, 2013 |quote=In fact, the term was introduced by the gun industry itself to boost interest in new lines of firearms.}}</ref> Phillip Peterson, the author of ''Gun Digest Buyer's Guide to Assault Weapons'' (2008) wrote: | |||
The term is highly controversial especially amongst advocates of ] and ].<ref name="Loaded Language">{{cite web|last=Levs|first=Josh|title=Loaded language poisons gun debate|url=http://www.cnn.com/2013/01/31/politics/gun-language/index.html|publisher=CNN|accessdate=31 January 2013}}</ref> Gun rights activists consider it a ] intended to conflate civilian semi-automatic firearms with military assault rifles. Joseph P. Tartaro of the ] 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."<ref name="intentional_confusion">{{cite web |url=http://www.saf.org/LawReviews/Tartaro1.htm |title= The Great Assault Weapon Hoax |publisher= University of Dayton Law Review Symposium, Violent Crime Control and Law Enforcement Act of 1994, vol. 20, no. 2, 1995: 557 |author= Tartaro, Joseph P. |year=1995 |accessdate=January 3, 2013 |quote=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. They have been further hoodwinked by the television charades of people like New York's former Governor Mario Cuomo talking about semi-automatic firearms while the camera shows a full automatic firing. Fully automatic weapons have been strictly regulated and registered since 1934. Real assault weapons are controlled by the 1934 law and by laws in most states. There is no need for a new law on semi-automatic firearms. However, the anti-gunners responsible for the hoax have continued to perpetuate it by exploiting public confusion.}}</ref> Robert Crook, executive director of the Coalition of Connecticut Sportsmen, said "the term 'assault weapon,' as used by the media, is a media invention."<ref name="Assault_Weapon_media_invention">{{cite web|url= http://articles.courant.com/2012-12-18/news/hc-newtown-assault-weapons-20121217_1_assault-weapon-lethal-weapon-rifle| title= In State With 'Assault Weapons' Ban, Lanza's Rifle Still Legal | author= Matthew Kauffman |publisher= Hartfort Courant | date= December 18, 2012| accessdate=2013-01-02 | quote= "The term 'assault weapon,' as used by the media, is a media invention," said Robert Crook, executive director of the Coalition of Connecticut Sportsmen. "These are semi-automatic firearms that have military cosmetic characteristics. They look like our military firearms, but they're not."}}</ref> | |||
{{Quote|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.<ref name=GDBG2AWs2008>{{cite book |last=Peterson |first=Phillip |url=https://books.google.com/books?id=fd9Qc0neMjYC&pg=PA11|title=Gun Digest Buyer's Guide to Assault Weapons |year=2008 |publisher=Gun Digest Books |location=Iola, Wisconsin |isbn=978-0896896802 |page=11 }}{{dead link|date=October 2020}}</ref>}} | |||
Civilian semi-automatic rifles identified as "assault weapons" are no more powerful than many other semiautomatic rifles legally used for hunting throughout the United States; they do not shoot faster or have greater range.<ref name="no_more_powerful">{{cite web|url=http://blogs.kqed.org/newsfix/2012/12/20/four-myths-about-assault-weapons/ | title=4 Myths About Assault Weapons |publisher=NPR (KQED) | author = Laird Harrison | date=December 20, 2012 | accessdate=2012-12-28 | quote =But these guns are no more powerful than many semiautomatic rifles legally used for hunting in California and throughout the United States. They don't shoot farther, faster or with more power. In order to create an "assault weapon" ban, legislators had to list specific models of guns or characteristics such as pistol grips on rifles, flash hiders, folding rifle stocks and threaded barrels for attaching silencers.}}</ref> Assault weapons are also sometimes called "black guns" or "black rifles", due to the presence of black plastic parts in the place of wood for stocks and grips.<ref name="black_guns">{{cite web|url=http://online.wsj.com/article/SB123690314709013801.html | title= New Calls for Assault-Gun Ban |publisher=Wall Street Journal | author = Alex Roth, Paulo Prada, and Corey Dade | date=March 13, 2009 | accessdate=2012-12-28 | quote = People seeking to stock up on the types of weapons that would likely be targeted by any ban—semiautomatic weapons, sometimes known as "black guns" or "black rifles"—have flocked to purchase them.}}</ref> | |||
Meanwhile, many gun rights activists have put forward that the term was popularized by the media or gun control activists. Conservative writer ] said that assault weapon is a "manufactured term".<ref name=LowryLegacy_p96>{{cite book |last=Lowry |first=Richard |year=2003 |title=Legacy: Paying the Price for the Clinton Years |url=https://archive.org/details/legacypayingpric00lowr|url-access=registration |publisher=Regnery Publishing |page= |isbn=978-0-89526-049-9}}</ref> Joseph P. Tartaro of the ] (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."<ref name=Tartaro1995>{{cite web|last=Tartaro |first=Joseph P. |title=The Great Assault Weapon Hoax |url=http://www.saf.org/LawReviews/Tartaro1.htm |work=University of Dayton Law Review |volume=20 |issue=2: Symposium, Violent Crime Control and Law Enforcement Act of 1994 |date=1995 |page=557 |access-date=January 3, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20130102110222/http://www.saf.org/LawReviews/Tartaro1.htm |archive-date=January 2, 2013 |df=mdy }}</ref> Robert Crook, executive director of the Coalition of Connecticut Sportsmen, said "the term 'assault weapon,' as used by the media, is a media invention."<ref name=Kauffman121218>{{cite news |last=Kauffman |first=Matthew |date=December 18, 2012 |title=In State with 'Assault Weapons' Ban, Lanza's Rifle Still Legal |url=https://www.courant.com/2012/12/18/in-state-with-assault-weapons-ban-lanzas-rifle-still-legal-3/ |newspaper=Hartford Courant |location=Hartford, Connecticut |access-date=January 2, 2013 |quote=The term 'assault weapon,' as used by the media, is a media invention. These are semi-automatic firearms that have military cosmetic characteristics. They look like our military firearms, but they're not.}}</ref><ref name="Washington Post, Blake, Jan. 17, 2013">{{cite news |last1=Blake |first1=Aaron |title=Is it fair to call them 'assault weapons'? |url=https://www.washingtonpost.com/news/the-fix/wp/2013/01/17/is-it-fair-to-call-them-assault-weapons/ |newspaper=The Washington Post |access-date=1 November 2022}}</ref><ref name="CNBC, Daniels, Feb. 21st, 2018">{{cite web |last1=Daniels |first1=Jeff |title=Definition of what's actually an 'assault weapon' is a highly contentious issue |url=https://www.cnbc.com/2018/02/21/definition-of-whats-an-assault-weapon-is-a-very-contentious-issue.html |date=February 22, 2018 |publisher=CNBC |access-date=1 November 2022}}</ref> ] supporters use the term while ] supporters generally do not use the term.{{cn|date=November 2022}} | |||
===United States Federal Assault Weapons Ban=== | |||
] Sporter SP1 Carbine is a military style semi-automatic rifle that fires one round each time the trigger is pulled.]] | |||
] rifle with a pistol grip and a folding stock.]] | |||
] rifle with a pistol grip and a folding stock was classified as an assault weapon under the Federal Assault Weapons Ban.]] | |||
] 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.]] | |||
{{Main|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 after ten years in 2004. It banned the manufacture or importation of certain ]s that it defined 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. The law also banned the manufacture or importation of ] that could hold more than ten rounds of ammunition, with existing magazines grandfathered in as legal.<ref name=FedBan94/> | |||
===Differing state law definitions=== | |||
The Federal Assault Weapons Ban of 1994 defined certain firearms as assault weapons based on the features they possessed. This included semi-automatic ] with a ] and at least two of these features: a ], a folding or telescoping ], a ] or threaded barrel, a ], or a muzzle-mounted ]. It also 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 ], or an unloaded weight of 50 ounces or more. Additionally defined as assault weapons were semi-automatic ]s 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.<ref name=FedBan94/><ref name=Slate>Koerner, Brendan. (September 16, 2004). , ''Slate''. Retrieved January 26, 2013.</ref> | |||
{{Main|Assault weapons legislation in the United States}} | |||
Seven states have assault weapon bans with different definitions and characteristics.<ref name=Nahmias121222>{{cite news |last=Nahmias |first=Laura |date=December 22, 2012 |title=Cuomo for Gun Laws |url=https://www.wsj.com/article/SB10001424127887323777204578192013919197452.html |newspaper=The Wall Street Journal |access-date=December 26, 2012 |quote=New York is one of only seven states that have assault-weapons bans in place, according to the Brady Campaign to End Gun Violence. }}</ref> | |||
The ban also prohibited 19 specifically named models of firearms, as well as copies of those guns. These included the ], ], ], ], ], ], ], ], and ].<ref name=FedBan94/><ref name=Slate/> | |||
* ] defines assault weapons by name, by "series" (] or ]), and by characteristic.<ref name="CA_Law">{{cite web |url=http://oag.ca.gov/firearms/regagunfaqs#1 |title=Frequently Asked Questions: What is considered an assault weapon under California law? |publisher=California Department of Justice |quote=There are three categories of assault weapons under California law. The first category is firearms listed on the original ] list (Penal Code section 12276, subds (a), (b), and (c)). The second category of assault weapons is AK and AR-15 series weapons, pdf (Penal Code sections 12276 (e) and (f)). The third category of assault weapons is defined by specific generic characteristics (PC section 12276.1, SB 23).|date=2011-12-16 }}</ref> A shotgun with a revolving cylinder is also defined as an assault weapon.<ref name=SB23-2000/> | |||
* ] 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.<ref name=ConnJudicial/> | |||
* ] defines and bans assault ''pistols''.{{refn|group=n|United States firearms expert Robert E. Walker says the term "assault pistol" is difficult to define and may be based on perceived "paramilitary or nonsporting application, appearance, or configuration."<ref name=Walker2013>{{cite book |last=Walker |first=Robert E. |year=2013 |title=Cartridges and Firearm Identification |url=https://books.google.com/books?id=THQ1iG8fSG8C&pg=PT192 |publisher=CRC Press |isbn=978-1-4665-8881-3|pages=192–93}}</ref>}}<ref name=CQR130308>{{cite journal |last=Mantel |first=Barbara |date=March 8, 2013 |title=Gun Control |url=http://www.cqpress.com/product/Researcher-Gun-Control-v23-10.html |journal=CQ Researcher |volume=23 |issue=10 |pages=233–256|archive-url=https://web.archive.org/web/20150923210946/http://www.cqpress.com/product/Researcher-Gun-Control-v23-10.html |archive-date=2015-09-23}}</ref> | |||
* ] defines and bans assault ''pistols''. It regulates 45 other assault weapons listed by make or model including copies, regardless of manufacturer.<ref name=CQR130308/><ref name="ATFStates31st">{{cite book |url=http://www.atf.gov/publications/firearms/state-laws/31st-edition/index.html |title=State Laws and Published Ordinances – Firearms |edition=31st |date=January 2011 |chapter=Maryland – MD Code |chapter-url=http://www.atf.gov/files/publications/download/p/atf-p-5300-5-31st-editiion/States/atf-p-5300-5-maryland-2010.pdf |publisher=ATF.gov |pages=219–220 |access-date=December 10, 2013 |archive-url=https://web.archive.org/web/20131213200525/http://www.atf.gov/publications/firearms/state-laws/31st-edition/index.html |archive-date=December 13, 2013 |url-status=dead }}</ref> | |||
* ] defines assault weapons as semi-automatic firearms with the same definition provisions from the expired federal ban of 1994.<ref name="MA_Law">{{cite web |url=http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121 |title=General Laws: Title XX, Chapter 140, Section 121 |work=Massachusetts Laws |publisher=The 188th General Court of the Commonwealth of Massachusetts |access-date=January 3, 2013}}</ref> | |||
* ] had an assault weapons ban prior to 2013, but on January 16 of that year it passed the ], which created a stricter definition of assault weapons and banned them immediately.<ref name="NY_Law">{{cite web |url=http://codes.lp.findlaw.com/nycode/ADC/10/3/10-301 |title=N.Y. ADC. LAW § 10-301 : NY Code – Section 10-301: Control and regulation of the disposition, purchase and possession of firearms, rifles, shotguns and assault weapons |access-date=December 28, 2012}}</ref><ref name="NYSAFEAct-PR">{{cite press release |last=Cuomo |first=Andrew M. |date=January 16, 2013 |title=Governor Cuomo Signs NY Safe Act in Rochester |url=http://www.governor.ny.gov/press/12162013cuomo-signs-safe-act-roch |location=Rochester, New York |publisher=Governor's Press Office |access-date=January 16, 2013}}</ref><ref name=Berger130118>{{cite news |last=Berger |first=Judson |date=January 18, 2013 |title=NY Guv Looks to Clarify Gun Law After Concern About Exemption for Police |url=https://www.foxnews.com/politics/ny-guv-looks-to-clarify-gun-law-after-concern-about-exemption-for-police/ |publisher=Fox News Channel |access-date=January 18, 2013}}</ref> 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.<ref name="NYSAFEAct-PR" /> | |||
In ], proposed legislation in 2013 would have defined the term "semi-automatic assault weapon" as any semi-automatic firearm able to accept a detachable magazine, but it was never brought to a vote.<ref>Acevedo, Edward J. (January 4, 2013). , 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..."</ref><ref>{{cite news |title= Illinois Assault Weapons Ban Fails Again, Votes Not There For Passage In Lame-Duck Session |url=http://www.huffingtonpost.com/2013/01/07/illinois-assault-weapons-_n_2425062.html |work=The Huffington Post |date=January 7, 2013 |quote= State Rep. Brandon Phelps, a Harrisburg Democrat, called the bill "too broad" as it applied to too many different types of guns, according to the Chicago Sun-Times. |access-date=January 9, 2013}}</ref> The Illinois State Rifle Association said most of the state's firearms owners owned one or more guns that would have been banned under the proposal.<ref name=Chakraborty130103>{{cite news |last=Chakraborty |first=Barnini |date=January 3, 2013 |title=Firearms Groups Fight Sweeping Illinois Gun Ban, Dems Weigh Options |url=https://www.foxnews.com/politics/firearms-groups-fight-sweeping-illinois-gun-ban-dems-weigh-options/ |publisher=Fox News Channel |access-date=January 5, 2013}}</ref> The NRA said the proposal would have restricted about 75 percent of handguns and 50 percent of long guns in circulation.<ref name=Chakraborty130103/> As municipalities, ] and ] bans certain firearms defined as assault weapons and have no provision for legal possession of firearms owned before their laws were passed.<ref>{{cite web |url=http://www.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title8offensesaffectingpublicpeacemorals/chapter8-20weapons?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il$anc=JD_8-20-075 |title=Municipal Code of Chicago – Title 8, Chapter 8-20, Article III., Section 170 – Unregisterable firearms |publisher=American Legal Publishing Corporation |access-date=January 27, 2013 |archive-date=December 13, 2013 |archive-url=https://web.archive.org/web/20131213045212/http://www.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title8offensesaffectingpublicpeacemorals/chapter8-20weapons?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il$anc=JD_8-20-075 |url-status=dead }}</ref><ref>{{cite web |url=http://library.municode.com/HTML/13805/level4/PTIGEOR_CH54LIPEMIBURE_ARTIIIDEWEDE_DIV4BLHOASWEBA.html |title=Cook County, Illinois, Code of Ordinances – Part I, Chapter 54, Article III, Division 4 – Blair Holt Assault Weapons Ban |publisher=Library.municode.com |access-date=January 27, 2013}}</ref> ] also defines certain firearms as assault weapons and regulates their sales.<ref name=CQR130308/> The ] defines any semi-automatic rifle (except antiques), regardless of features, caliber, or magazine type, as a "semiautomatic assault rifle".<ref>{{Cite web|url=https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.010|title=RCW 9.41.010: Definitions. (Effective until January 1, 2025.)|website=app.leg.wa.gov}}</ref> | |||
===Proposed 2013 federal ban=== | |||
On January 24, 2013, Senator ] re-introduced a bill that would institute a new federal assault weapons ban. Though this bill was a virtual clone of dozens of other bills she and other Senators had tried to introduce, this one garnered heightened media attention and had less of a chance of failure than her other attempts at introducing such bills. The proposed legislation would have prohibited the manufacture or importation of firearms it defines as assault weapons. Currently owned firearms that would fall under the new definition would have been grandfathered and could be sold or transferred if the buyer passed a background check. The manufacture, importation, sale, or transfer of magazines holding more than ten rounds of ammunition would also have been prohibited. The bill would have provided funds for voluntary buy-back programs at the state level. The Senate has abandoned the issue since the background checks bill in April (one given a much higher chance of passing) garnered just 54 votes — 60 were needed to break a filibuster and move forward on the bill.<ref>http://thehill.com/homenews/senate/305229-groups-work-to-relight-fire-on-gun-control#ixzz2XPv04dZK</ref> | |||
=== |
===Distinction from assault rifles=== | ||
The term "'''assault rifle'''" is frequently used interchangeably with the term "'''assault weapon'''" but this use has been described as incorrect and a misapplication of the term.<ref name="Poole"/> The AP Stylebook suggests that newsrooms avoid the terms "assault weapon" and "assault rifle" instead using the term "semi-automatic rifle".<ref>{{Cite web|title=What's new in the AP Stylebook, 55th Edition?|url=https://help.apstylebook.com/support/solutions/articles/66000156253-what-s-new-in-the-ap-stylebook-55th-edition-|access-date=2021-12-04|website=APStylebook.com|language=en}}</ref> Part of the definition of "assault rifle", according to the ''],'' is that it is selective-fire, which means that it is capable of both semiautomatic and fully automatic fire.<ref>{{Cite web |title=assault rifle {{!}} Definition, Examples, Facts, & History {{!}} Britannica |url=https://www.britannica.com/technology/assault-rifle |access-date=2022-05-28 |website=www.britannica.com |language=en}}</ref> Civilian ownership of ]s, including selective-fire rifles, has been tightly regulated since 1934 under the ] and since 1986 under the ].<ref name=Koerner040916/> | |||
Although the federal assault weapons ban expired in 2004, ] that sometimes differ from the former federal law. Only seven states have their own assault-weapons bans in place.<ref name="seven_states"/> The states with their own assault weapons bans are California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey, and New York; local assault weapons bans also exist in 17 local areas, including Denver, Colorado, and Cook County, Illinois.<ref name="state_bans">{{cite web|url=http://smartgunlaws.org/wp-content/uploads/2012/05/Banning_Assault_Weapons_A_Legal_Primer_8.05_entire.pdf| title= Banning Assault Weapons – A Legal Primer for State and Local Action |publisher= Legal Community Against Violence | year=2004 | accessdate=2012-12-27}}</ref> | |||
===Cosmetic features=== | |||
In ], the ] bars a number of specific firearm models defined within three legally defined categories of assault weapons.<ref>, ]. "There are three categories of assault weapons under California law. The first category is firearms listed on the original Roberti-Roos assault weapons list (Penal Code section 12276, subds (a), (b), and (c)). The second category of assault weapons is AK and AR-15 series weapons, pdf (Penal Code sections 12276 (e) and (f)). The third category of assault weapons is defined by specific generic characteristics (PC section 12276.1, SB 23)."</ref> | |||
Gun control advocates and gun rights advocates have referred to at least some of the features outlined in assault weapons bans as "cosmetic". The ] and the ] both used the term in 2004 when the federal ban expired.<ref name=NRA040913>{{cite web |author=<!--no byline--> |date=September 13, 2004 |title=Finally, the End of a Sad Era—Clinton Gun Ban Stricken from Books! |url=http://www.nraila.org/legislation/federal-legislation/2004/finally,-the-end-of-a-sad-era-clinton.aspx |publisher=National Rifle Association, Institute for Legislative Action |location=Fairfax, Virginia |quote=Law-abiding citizens, however, will once again be free to purchase semi-automatic firearms, regardless of their cosmetic features, for target shooting, shooting competitions, hunting, collecting, and most importantly, self-defense.}}</ref><ref name=VPC040913>{{cite press release|author=<!--no byline--> |date=September 13, 2004 |title=Violence Policy Center Issues Statement on Expiration of Federal Assault Weapons Ban |url=http://www.vpc.org/press/0409aw.htm |publisher=Violence Policy Center |location=Washington, D.C. |quote=Soon after its passage in 1994, the gun industry made a mockery of the federal assault weapons ban, manufacturing 'post-ban' assault weapons with only slight, cosmetic differences from their banned counterparts. |url-status=dead |archive-url=https://web.archive.org/web/20131010231937/http://www.vpc.org/press/0409aw.htm |archive-date=October 10, 2013 }}</ref> In May 2012, the ] 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."<ref name=AWPS120521>{{cite web |author=<!--no byline--> |date=May 21, 2012 |title=Assault Weapons Policy Summary |url=http://smartgunlaws.org/assault-weapons-policy-summary/ |publisher=Law Center to Prevent Gun Violence |location=San Francisco, California }}</ref> Some reporters used the term in stories after the 2012 shootings in ], and ].<ref name=Seitz-Wald130206>{{cite web |url=http://www.salon.com/2013/02/06/dont_mourn_the_assault_weapons_bans_impending_demise/ |title=Don't mourn the assault weapons ban's impending demise| work=Salon |first=Alex |last=Seitz-Wald |date=February 6, 2013 |quote= says the ban created an artificial distinction between 'assault weapons' and other semi-automatic weapons, based almost entirely on cosmetic features. This is largely true.}}</ref><ref>More ''cosmetic'' sources: | |||
* {{cite news |url=http://www.thedailybeast.com/articles/2012/11/21/just-say-no-to-dumb-gun-laws.html |title=Just Say No to Dumb Gun Laws |newspaper=The Daily Beast |first=Megan |last=McArdle |date=November 12, 2012 |quote=... 'assault weapon' is a largely cosmetic rather than functional description.}} | |||
* {{cite web |url=https://www.wsj.com/article/SB10001424127887323723104578185271857424036.html |title=Guns, Mental Illness and Newtown |newspaper=The Wall Street Journal |first=David |last=Kopel |date=December 17, 2012 |quote=None of the guns that the Newtown murderer used was an assault weapon under Connecticut law. This illustrates the uselessness of bans on so-called assault weapons, since those bans concentrate on guns' cosmetics, such as whether the gun has a bayonet lug, rather than their function.}} | |||
* {{cite news |url=https://thehill.com/homenews/senate/139509-the-problem-with-assault-weapons/ |title=The problem with 'assault weapons' |newspaper=The Hill |first=Jordy |last=Yager |date=January 16, 2013 |quote=Gun companies quickly realized they could stay within the law and continue to make rifles with high-capacity magazine clips if they steered away from the cosmetic features mentioned in the law.}} | |||
* {{cite web |url=http://reason.com/archives/2013/01/30/whats-an-assault-weapon |title=What's an Assault Weapon?| work=Reason|first=Jacob |last=Sullum |date=January 30, 2013 |quote=The distinguishing characteristics of 'assault weapons' are mainly cosmetic and have little or no functional significance in the context of mass shootings or ordinary gun crimes.}} | |||
</ref> | |||
Assault weapons, also sometimes called "black guns" or "black rifles",<ref name=WSJ090313>{{cite news |last1=Roth |first1=Alex |last2=Prada |first2=Paulo |last3=Dade |first3=Corey |date=March 13, 2009 |title=New Calls for Assault-Gun Ban |url=https://www.wsj.com/article/SB123690314709013801.html |newspaper=The Wall Street Journal |access-date=December 28, 2012 |quote=People seeking to stock up on the types of weapons that would likely be targeted by any ban—semiautomatic weapons, sometimes known as 'black guns' or 'black rifles'—have flocked to purchase them.}}</ref> 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.<ref name=Harrison121220>{{cite news |last=Harrison |first=Laird |date=December 20, 2012 |title=4 Myths About Assault Weapons |url=http://blogs.kqed.org/newsfix/2012/12/20/four-myths-about-assault-weapons/ |publisher=KQED |access-date=December 28, 2012 |quote=But these guns are no more powerful than many semiautomatic rifles legally used for hunting in California and throughout the United States. They don't shoot farther, faster or with more power. In order to create an 'assault weapon' ban, legislators had to list specific models of guns or characteristics such as pistol grips on rifles, flash hiders, folding rifle stocks and threaded barrels for attaching silencers. |archive-url=https://web.archive.org/web/20121230222510/http://blogs.kqed.org/newsfix/2012/12/20/four-myths-about-assault-weapons/ |archive-date=December 30, 2012 |url-status=dead }}</ref> | |||
In Connecticut, an assault weapon is defined as "Any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user" (i.e. with fully automatic capability) plus other specific semi-automatic firearms plus other semi-automatic firearms with certain attributes.<ref name=ConnJudicial/> | |||
Two scholars have written: "One problem inherent in the study of is that the classifications of AW are based on cosmetic features of firearms... For instance, the Colt AR-15 series of semi-automatic rifles—the civilian version of the fully automatic M-16 rifle issued to U.S. soldiers—was subject to the 1994 AW restrictions, but the ] rifle was not banned. Yet, the Mini-14 is the same caliber, has a similar barrel length, the same semi-automatic action, and can use magazines that hold 30 rounds of ammunition. The only real meaningful difference between the two firearms is cosmetic: The AR-15 rifle looks more dangerous."<ref>{{cite journal |last1=Decker |first1=Scott |last2=Ruddell |first2=Rick |date=May 1, 2005 |title=Kids and Assault Weapons: Social Problem or Social Construction? |url=https://journals.sagepub.com/doi/10.1177/0734016805275679 |url-access=subscription |journal=Criminal Justice Review |volume=30 |issue=1 |doi=10.1177/0734016805275679 |pages=53|s2cid=56076954 }}</ref> | |||
In Massachusetts, assault weapons "have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994...”.<ref name="MA_Law">{{cite web|url=http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121 | title= General Laws | date=2012-12-28}}</ref> They thus have the same definitions in Massachusetts as was used in the expired Federal 1994 Assault Weapons Ban. | |||
The ], a firearms industry ], states that the term ''assault weapon'' has been misapplied to many semi-automatic firearms because of their appearance and not their use in crime.<ref name="NSSF Facts">{{cite web |url=http://www.nssf.org/factsheets/semi-auto.cfm |title=Background Information on So-Called 'Assault Weapons' |publisher=National Shooting Sports Foundation |date=December 2011 |access-date=December 18, 2012 |archive-url=https://web.archive.org/web/20121219071331/http://www.nssf.org/factsheets/semi-auto.cfm |archive-date=December 19, 2012 |url-status=dead }}</ref> | |||
In New York, an assault weapon is defined as "Any semiautomatic centerfire or rimfire rifle or semiautomatic shotgun which has one or more ... features, ..., Any shotgun with a revolving-cylinder magazine, ..., (or,) Any part, or combination of parts, designed or redesigned or intended to readily convert a rifle or shotgun into an assault weapon."<ref name="NY_Law"/> The ] of 2013 legislated a stricter definition of assault weapons, and immediately banned weapons in that category, including even magazines used by police officers.<ref>{{cite news |title=NY Guv Looks to Clarify Gun Law After Concern About Exemption for Police |author=Berger, Judson |url=http://www.foxnews.com/politics/2013/01/18/ny-guv-looks-to-clarify-gun-law-after-concern-about-exemption-for-police/ |publisher=Fox News |date=January 18, 2013 |accessdate=January 18, 2013}}</ref> Considered assault weapons are: semi-automatic pistols and rifles with detachable magazines and one military-style feature, and semi-automatic shotguns with one military-style feature.<ref>{{cite web|title=Governor Cuomo Signs NY Safe Act in Rochester|url=http://www.governor.ny.gov/press/12162013cuomo-signs-safe-act-roch|publisher=Governor's Press Office|accessdate=16 January 2013}}</ref> | |||
==Political and legislative issues== | |||
In Illinois, proposed legislation formerly under consideration defined the term "assault weapon"<ref>Acevedo, Edward J. (January 4, 2013). , 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..."</ref> even more broadly to mean any semi-automatic firearm with a detachable magazine, which would include the majority of all firearms,<ref>{{cite news |title=Firearms Groups Fight Sweeping Illinois Gun Ban, Dems Weigh Options |author=Chakraborty, Barnini |url=http://www.foxnews.com/politics/2013/01/03/firearms-groups-vow-to-fight-illinois-gun-ban/ |publisher=Fox News |date=January 3, 2013 |quote=The first proposal would ban the possession, delivery, sale and transfer of semiautomatic handguns and rifles. Gun groups say this kind of restriction would be so expansive as to affect most gun owners in the state. |accessdate=January 5, 2013}}</ref> but died in committee before coming to a vote.<ref>{{cite news |title= Illinois Assault Weapons Ban Fails Again, Votes Not There For Passage In Lame-Duck Session |url=http://www.huffingtonpost.com/2013/01/07/illinois-assault-weapons-_n_2425062.html |publisher=Huffington Post |date=January 7, 2013 |quote= State Rep. Brandon Phelps, a Harrisburg Democrat, called the bill "too broad" as it applied to too many different types of guns, according to the Chicago Sun-Times. |accessdate=January 9, 2013}}</ref> While assault weapons are legal in most of Illinois, they are banned in ]<ref>{{cite web |url=http://www.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title8offensesaffectingpublicpeacemorals/chapter8-20weapons?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il$anc=JD_8-20-170 |title=Municipal Code of Chicago – Title 8, Chapter 8-20, Article III., Section 170 – Unregisterable firearms |publisher=American Legal Publishing Corporation |accessdate=January 27, 2013}}</ref> and ],<ref>{{cite web|url=http://library.municode.com/HTML/13805/level4/PTIGEOR_CH54LIPEMIBURE_ARTIIIDEWEDE_DIV4BLHOASWEBA.html |title=Cook County, Illinois, Code of Ordinances – Part I, Chapter 54, Article III, Division 4 – Blair Holt Assault Weapons Ban |publisher=Library.municode.com |accessdate=January 27, 2013}}</ref> which have no provision for the legal possession of guns that were owned before their laws were passed. | |||
{{Main|Assault weapons legislation in the United States}} | |||
] | |||
As of 2021, there are an estimated 16–44 million rifles from just the AR-15 family of rifles in civilian use in the United States.<ref>{{Cite web |last=Sullum |first=Jacob |date=2022-09-09 |title=The largest-ever survey of American gun owners finds that defensive use of firearms is common |url=https://reason.com/2022/09/09/the-largest-ever-survey-of-american-gun-owners-finds-that-defensive-use-of-firearms-is-common/ |access-date=2023-05-18 |website=Reason.com |language=en-US}}</ref><ref>{{Cite news |last1=Frankel |first1=Todd C. |last2=Boburg |first2=Shawn |last3=Dawsey |first3=Josh |last4=Parker |first4=Ashley |last5=Horton |first5=Alex |title=How the AR-15 became a powerful political, cultural symbol in America |url=https://www.washingtonpost.com/nation/interactive/2023/ar-15-america-gun-culture-politics/ |access-date=2023-05-18 |newspaper=Washington Post |language=en}}</ref> | |||
===Relation to assault rifles=== | |||
A common mistake stems from the ] of the term "assault weapon" with the term "]", which refers to military rifles having ] capability. Unlike assault rifles, semi-automatic firearms fire one ] each time the ] is pulled; the spent ] case is ejected and another cartridge is loaded into the ], without the manual operation of a ], a ], or a ]. In contrast, a selective fire rifle may have the ability to fire in fully automatic mode, in which the rifle will repeatedly fire rounds in rapid succession with the trigger pulled once and held back, or fire in burst mode, in which two or three rounds will be fired as a burst each time the trigger is pulled, or fire in both fully automatic and burst modes. | |||
===Defunct U.S. Federal Assault Weapons Ban=== | |||
Civilian ownership of assault rifles or any other full-automatic firearm is tightly regulated by the ] under the ] of 1934 as amended by Title II of the ] of 1968.<ref name=Slate/> Unlike "assault rifle", "assault weapon" has no consistent definition across all legal jurisdictions in the United States and is subject to varying definitions for varying purposes, including definitions that include common non-military firearms.<ref name =Philly/><ref name = Defs/> In this respect, it is primarily a legal ], with various statutory definitions in local, state, and federal laws that define them by a set of characteristics they possess, sometimes described as ]-style cosmetic features. Using lists of cosmetic features to define assault weapons was first codified by the language of the now-expired 1994 ].<ref name="Media Myths on assault weapons"/><ref name="FederalBan"/> | |||
{{Main|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.<ref name=FedBan94/> | |||
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 ], 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.<ref name=Koerner040916>{{cite news |last=Koerner |first=Brendan |date=September 16, 2004 |title=What Is an Assault Weapon? At last, you can get a semiautomatic rifle with a bayonet |url=http://www.slate.com/articles/news_and_politics/explainer/2004/09/what_is_an_assault_weapon.html |work=Slate |access-date=January 26, 2013 }}</ref><ref name=FedBan94/> | |||
== Political and legislative issues== | |||
Whether or not the term ''assault weapon'' should be used at all and, if so, how the term should be defined and whether firearms defined as assault weapons should be legally restricted more than other firearms are questions subject to considerable debate as part of the arguments of ]. A politically neutral term used to describe firearms in this class are ]s. Critics say terming them as "assault weapons" constitutes a deliberate ambiguity perpetuated by anti-firearm activists in an attempt to brand specific firearms as somehow more dangerous than others.<ref name="intentional_confusion">{{cite web|url= http://www.saf.org/LawReviews/Tartaro1.htm| title= THE GREAT ASSAULT WEAPON HOAX|publisher= University of Dayton Law Review Symposium, Violent Crime Control and Law Enforcement Act of 1994, vol. 20, no. 2, 1995: 557. | author = Joseph P. Tartaro| year=1995 | accessdate=2013-01-03 | quote = 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. They have been further hoodwinked by the television charades of people like New York's former Governor Mario Cuomo talking about semi-automatic firearms while the camera shows a full automatic firing. Fully automatic weapons have been strictly regulated and registered since 1934. Real assault weapons are controlled by the 1934 law and by laws in most states. There is no need for a new law on semi-automatic firearms. However, the anti-gunners responsible for the hoax have continued to perpetuate it by exploiting public confusion.}}</ref> | |||
The ban also prohibited 19 specifically named models of firearms, as well as copies of those guns. These included the AK-47, ], ], AR-15, ], ], ], ], and ].<ref name=Koerner040916/><ref name=FedBan94/> | |||
Prominent gun-control groups that support restrictions on ownership of firearms include the ]<ref>, Brady Campaign to Prevent Gun Violence. Retrieved January 6, 2013.</ref> and the ].<ref>, Coalition to Stop Gun Violence. Retrieved January 6, 2013.</ref> Prominent opponents of assault-weapons bans include the ]<ref>, National Rifle Association – Institute for Legislative Acton, June 3, 2011. Retrieved January 6, 2013.</ref> and ].<ref>, Gun Owners of America, December 24, 2008. Retrieved January 6, 2013.</ref> Gun-rights and sports shooting groups consider the phrase ''assault weapon'' to be a ] when used to describe civilian firearms,<ref>Amy Hunter, (December 1, 2008). ''Culpeper Star-Exponent''.</ref><ref> (January 18, 2012). Illinois Public Radio.</ref><ref>] and James Jay Baker (2002). ''Shooting Straight: Telling the Truth about Guns in America''. Regnery Publishing. pp. 43–44.</ref> considering it a politically driven catchphrase aimed to conflate non-automatic weapons with actual full-automatic ]<ref name="Defs">"{{cite web | url=http://www.nssf.org/factsheets/semi-auto.cfm | title=Background Information on So-Called 'Assault Weapons' | publisher=National Shooting Sports Foundation | accessdate=December 18, 2012}}</ref> which are already (since 1934) strictly regulated and cannot be obtained by civilians without prior clearance by US federal, state, and local authorities. | |||
<gallery widths="220px" heights="200px"> | |||
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.<ref>{{cite news |title=How Many Assault Weapons Are There in America? How Much Would It Cost the Government to Buy Them Back? |author=Peters, Justin |url=http://www.slate.com/blogs/crime/2012/12/20/assault_rifle_stats_how_many_assault_rifles_are_there_in_america.html |newspaper=Slate |date=December 20, 2012 |accessdate=January 3, 2013}}</ref> AR-15 rifles are a favorite for target shooting, hunting, and personal protection.<ref>{{cite news |title=Rifle Used in Killings, America's Most Popular, Highlights Regulation Debate |author=Goode, Erica |url=http://www.nytimes.com/2012/12/17/us/lanza-used-a-popular-ar-15-style-rifle-in-newtown.html |newspaper=New York Times |date=December 15, 2012 |accessdate=January 3, 2012}}</ref> | |||
File:Ruger 10-22 (2).JPG|This ] rifle with a pistol grip and a folding stock was classified as an assault weapon under the Federal Assault Weapons Ban. | |||
File:kg99.jpg|An Intratec ] 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. | |||
</gallery> | |||
===Assault Weapons Ban of 2013 bill=== | |||
==Attributes in assault weapon definitions== | |||
{{Main|Assault Weapons Ban of 2013}} | |||
Attributes previously defined in Federal assault weapon legislation and their purposes: | |||
On December 16, 2012, two days after the ], Senator ] said she would introduce a new assault weapons ban on the first day of Congress.<ref name="jamieson 121216">{{cite news |last=Jamieson |first=Dave |title=Dianne Feinstein To Introduce Assault Weapons Ban On First Day Of Congress |url=http://www.huffingtonpost.com/2012/12/16/dianne-feinstein-assault-weapons-ban_n_2311477.html |work=The Huffington Post |date=December 16, 2012 |access-date=December 6, 2013}}</ref> Five days later, on December 21, ], chief executive of the National Rifle Association, held a news conference repeating the NRA's opposition to additional gun laws.<ref name="LaPierre121221">{{cite news |last=Gold |first=Matea |date=December 21, 2012 |title=A defiant NRA calls for armed guards in every school |url=https://www.latimes.com/world/la-xpm-2012-dec-21-la-pn-nra-newtown-20121221-story.html |newspaper=Los Angeles Times |access-date=December 4, 2013 }}</ref><ref>{{cite web|title=Just 27 Percent of Americans Say the 1994 Federal Assault Weapons Ban Would Have Helped Avoid the Sandy Hook Shooting|first=Emily |last=Ekins |work=Reason |date=January 30, 2013 |url=http://reason.com/poll/2013/01/30/just-27-percent-of-americans-say-the-fed}}</ref> Feinstein and Senator ] held a separate news conference in response.<ref name="Feinstein-Blumenthal">{{cite AV media |people=Feinstein, Dianne and Richard Blumenthal |date=December 21, 2012 |title=Senators Feinstein and Blumenthal React to NRA |url=http://www.c-spanvideo.org/program/ReacttoN |location=Washington, D.C. |publisher=C-SPAN |access-date=December 4, 2013 }}</ref> There, Feinstein said that it seemed to her "prudent" to register grandfathered assault weapons under the National Firearms Act (NFA).<ref name="Feinstein121221">{{cite AV media |people=Feinstein, Dianne and Richard Blumenthal |date=December 21, 2012 |title=Senators Feinstein and Blumenthal React to NRA |url=http://www.c-spanvideo.org/program/ReacttoN |time=12:16 |location=Washington, D.C. |publisher=C-SPAN |access-date=December 4, 2013 }}</ref> A two-page bill summary on the senator's web site also mentioned registering grandfathered assault weapons under the NFA,<ref name="Summ121226PDF">{{cite web |title=Summary of 2013 Feinstein Assault Weapons Legislation |url=http://www.feinstein.senate.gov/public/index.cfm/files/serve/?File_id=10993387-5d4d-4680-a872-ac8ca4359119 |author=<!--no byline--> |format=PDF |date=December 26, 2012 |access-date=December 5, 2013}}</ref> 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".<ref name="S150">{{USBill|113|S.|150}}</ref> 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.<ref name="simon 130417">{{cite news |last=Simon |first=Richard |date=April 17, 2013 |title=Senate votes down Feinstein's assault weapons ban |url=http://www.latimes.com/news/politics/la-pn-dianne-feinstein-assault-weapons-vote-20130417,0,5349684.story |newspaper=Los Angeles Times |access-date=November 26, 2013}}</ref> | |||
*Detachable ] allow for fast reloading | |||
*Collapsible ] allow for adjustment to the length of pull to the shooter's preference. | |||
*Folding stocks reducing the total length of the firearm, making it easier to transport. Critics maintain that it makes the weapon more concealable. | |||
*]s (on rifles) reduce the angle (and thus rotational strain) of the wrist when the rifle is shouldered | |||
*Mounts or "lugs" which allow for the afixing of a ]<ref name =FederalBan/> | |||
*]s reduce night vision degradation to a shooter's vision, as well as those beside or behind the user <ref>Army Field Manual FM 3-22</ref> | |||
*Threaded barrels allow for the mounting of flash suppressors, compensators and ] | |||
*Barrel mounted ] mounts are concentric rings around the muzzle that facilitate attachment of rifle grenades | |||
*A ] is a tube around the barrel designed to limit transfer of heat from the ] to the supporting hand, or to protect a shooter from being burned by accidental contact.<ref>{{cite web |url=http://www.learnaboutguns.com/2008/04/07/glossary-of-gun-related-terms/ |title=Glossary of Gun Related Terms |last1=Puryear |first1=Eric |date=April 7, 2008 |work=LearnAboutGuns.com |accessdate=January 3, 2013}}</ref> | |||
*Magazine capacities greater than 10 rounds<ref name =FederalBan/> | |||
*], functionality meaning that they can eject spent ]s and chamber the next ] without additional human action, but (as opposed to ]s) only one ] is fired per pull of the ].<ref name="Slate"/> | |||
==See also== | ==See also== | ||
{{Portal|United States}} | |||
*] | |||
* ] | |||
*] | |||
*] | * ] | ||
*], New Zealand legal classification | * ], New Zealand legal classification | ||
*] | |||
== Explanatory notes == | |||
*] The original ''Sturmgewehr'' | |||
{{Reflist|group=n}} | |||
*] | |||
*] | |||
==References== | |||
{{Reflist|2}} | |||
== External links == | |||
==Notes== | |||
* {{Wikiquote-inline}} | |||
{{reflist|2}} | |||
{{Authority control}} | |||
==External links== | |||
* entry by ] in the ''Guns in American Society: An Encyclopedia of History, Politics, Culture and the Law'', Vol. 2 (2002, ed. Gregg Lee Carter), p. 34-35. | |||
] | ] | ||
] | |||
] |
Latest revision as of 23:05, 9 November 2024
Controversial term used in U.S. firearm legislation This article is about firearms restricted by some United States laws. For rifles capable of selective fire, see Assault rifle. For other uses, see Assault weapon (disambiguation).
In the United States, assault weapon is a controversial term applied to different kinds of firearms. There is no clear, consistent definition. It can include semi-automatic firearms with a detachable magazine, a pistol grip, and sometimes other features, such as a vertical forward grip, flash suppressor, or barrel shroud. Certain firearms are specified by name in some laws that restrict assault weapons. When the now-defunct Federal Assault Weapons Ban was passed in 1994, the U.S. 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." The commonly used definitions of assault weapons are under frequent debate, and have changed over time.
The origin of the term has been attributed to legislators, the firearms industry, gun control groups, and the media. It is sometimes used interchangeably with the term assault rifle, which refers to selective fire rifles that use intermediate cartridges. This use has been described as incorrect and a misapplication of the term. 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 they should be banned again at the federal level.
Definitions and usage
Main article: Assault weapons legislation in the United StatesDrawing 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. Some jurisdictions define revolving-cylinder shotguns as assault weapons. Legislative definitions do not include fully automatic weapons, which are regulated separately as Title II weapons under federal law. A key defining law was the now-defunct Federal Assault Weapons Ban of 1994. 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."
Common attributes used in legislative definitions of assault weapons include:
- Semi-automatic firearm capable of accepting a detachable magazine;
- Folding or telescoping (collapsible) stock, which reduces the overall length of the firearm;
- A pistol grip that protrudes beneath the action of the weapon;
- Bayonet lug, which allows the mounting of a bayonet;
- Threaded barrel, which can accept muzzle devices such as a flash hider, suppressor, compensator or muzzle brake;
- Grenade launcher;
- Barrel shroud.
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". The Merriam-Webster Online Dictionary's definition is "any of various automatic or semiautomatic firearms; especially: assault rifle".
History of terminology
The origin of the term is not clearly known and is the subject of much debate. In the past, the names of certain military weapons used the phrase, such as the Rifleman's Assault Weapon, a grenade launcher developed in 1977 for use with the M16 assault rifle, or the Shoulder-launched Multipurpose Assault Weapon, a rocket launcher introduced in 1984.
One of the earliest uses of the term, or a similar term, in its current meaning was as part of an advertisement in The Hutchinson News (Kansas) in 1978 for the Valmets-7.62×39, the Colt AR-15, and the Wilkinson Terry carbine. Another was in a bill introduced by Art Agnos in the California State Assembly in April 1985 to ban semi-automatic "assault firearms" capable of using detachable magazines of 20 rounds or more. Speaking to the Assembly Public Safety Committee, Agnos said, "The only use for assault weapons is to shoot people." The measure did not pass when it came up for a vote.
In 2013, The Washington Post, looking into the history of the term, 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." Sugarmann had written:
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.
Other researchers have found evidence to suggest that the firearms industry itself may have introduced the term "assault weapon" to build interest in new product lines. Phillip Peterson, the author of Gun Digest Buyer's Guide to Assault Weapons (2008) wrote:
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.
Meanwhile, many gun rights activists have put forward that the term was popularized by the media or gun control activists. Conservative writer Rich Lowry said that assault weapon is a "manufactured term". 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." Robert Crook, executive director of the Coalition of Connecticut Sportsmen, said "the term 'assault weapon,' as used by the media, is a media invention." Gun control supporters use the term while gun rights supporters generally do not use the term.
Differing state law definitions
Main article: Assault weapons legislation in the United StatesSeven states have assault weapon bans with different definitions and characteristics.
- California defines assault weapons by name, by "series" (AK-47 or AR-15), and by characteristic. A shotgun with a revolving cylinder is also defined as an assault weapon.
- 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.
- Hawaii defines and bans assault pistols.
- Maryland defines and bans assault pistols. It regulates 45 other assault weapons listed by make or model including copies, regardless of manufacturer.
- Massachusetts defines assault weapons as semi-automatic firearms with the same definition provisions from the expired federal ban of 1994.
- 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. 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.
In Illinois, proposed legislation in 2013 would have defined the term "semi-automatic assault weapon" as any semi-automatic firearm able to accept a detachable magazine, but it was never brought to a vote. The Illinois State Rifle Association said most of the state's firearms owners owned one or more guns that would have been banned under the proposal. The NRA said the proposal would have restricted about 75 percent of handguns and 50 percent of long guns in circulation. 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. Minnesota also defines certain firearms as assault weapons and regulates their sales. The State of Washington defines any semi-automatic rifle (except antiques), regardless of features, caliber, or magazine type, as a "semiautomatic assault rifle".
Distinction from assault rifles
The term "assault rifle" is frequently used interchangeably with the term "assault weapon" but this use has been described as incorrect and a misapplication of the term. The AP Stylebook suggests that newsrooms avoid the terms "assault weapon" and "assault rifle" instead using the term "semi-automatic rifle". Part of the definition of "assault rifle", according to the Encyclopædia Britannica, is that it is selective-fire, which means that it is capable of both semiautomatic and fully automatic fire. Civilian ownership of machine guns, including selective-fire rifles, has been tightly regulated since 1934 under the National Firearms Act and since 1986 under the Firearm Owners Protection Act.
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. 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." Some reporters used the term in stories after the 2012 shootings in Aurora, Colorado, and Newtown, Connecticut.
Assault weapons, also sometimes called "black guns" or "black rifles", 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.
Two scholars have written: "One problem inherent in the study of is that the classifications of AW are based on cosmetic features of firearms... For instance, the Colt AR-15 series of semi-automatic rifles—the civilian version of the fully automatic M-16 rifle issued to U.S. soldiers—was subject to the 1994 AW restrictions, but the Ruger Mini-14 rifle was not banned. Yet, the Mini-14 is the same caliber, has a similar barrel length, the same semi-automatic action, and can use magazines that hold 30 rounds of ammunition. The only real meaningful difference between the two firearms is cosmetic: The AR-15 rifle looks more dangerous."
The National Shooting Sports Foundation, a firearms industry trade group, states that the term assault weapon has been misapplied to many semi-automatic firearms because of their appearance and not their use in crime.
Political and legislative issues
Main article: Assault weapons legislation in the United StatesAs of 2021, there are an estimated 16–44 million rifles from just the AR-15 family of rifles in civilian use in the United States.
Defunct U.S. Federal Assault Weapons Ban
Main article: Federal Assault Weapons BanThe 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.
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.
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.
- 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.
Assault Weapons Ban of 2013 bill
Main article: Assault Weapons Ban of 2013On 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. 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 additional gun laws. Feinstein and Senator Richard Blumenthal held a separate news conference in response. There, Feinstein said that it seemed to her "prudent" to register grandfathered assault weapons under the National Firearms Act (NFA). A two-page bill summary on the senator's web site also mentioned registering grandfathered assault weapons under the NFA, 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.
See also
- Gun culture in the United States
- Gun politics in the United States
- Military-style semi-automatic, New Zealand legal classification
Explanatory notes
- 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 M1918 Browning Automatic Rifles.
- United States firearms expert Robert E. Walker says the term "assault pistol" is difficult to define and may be based on perceived "paramilitary or nonsporting application, appearance, or configuration."
References
- ^ Goode, Erica (January 16, 2013). "Even Defining 'Assault Rifles' Is Complicated". The New York Times. Retrieved January 18, 2013.
- ^ Babay, Emily (December 22, 2012). "Confusion abounds: Just what is an 'assault weapon'?". Philadelphia Media Network. Archived from the original on March 30, 2013. Retrieved December 28, 2012.
- ^ Levs, Josh (January 31, 2013). "Loaded language poisons gun debate". CNN. Retrieved January 31, 2013.
- ^ Tartaro, Joseph P. (1995). "The Great Assault Weapon Hoax". University of Dayton Law Review. p. 557. Archived from the original on January 2, 2013. Retrieved January 3, 2013.
- ^ Peterson, Phillip (2008). Gun Digest Buyer's Guide to Assault Weapons. Iola, Wisconsin: Gun Digest Books. p. 11. ISBN 978-0896896802.
- ^ Blake, Aaron (January 17, 2013). "Is It Fair to Call Them 'Assault Weapons'?". The Washington Post. Retrieved January 19, 2013.
- ^ Kauffman, Matthew (December 18, 2012). "In State with 'Assault Weapons' Ban, Lanza's Rifle Still Legal". Hartford Courant. Hartford, Connecticut. Retrieved January 2, 2013.
The term 'assault weapon,' as used by the media, is a media invention. These are semi-automatic firearms that have military cosmetic characteristics. They look like our military firearms, but they're not.
- ^ Poole, Helen (2021). Firearms: Global Perspectives on Consequences, Crime and Control. Routledge. p. 21.
- Lord, Debbie (May 26, 2022). "Assault Weapon vs. Assault Rifle: What Is the Difference?". WOKV-FM. Archived from the original on September 28, 2022. Retrieved June 3, 2022.
- Lallanilla, Marc (January 17, 2013). "What Is an Assault Weapon?". Fox News Channel. Retrieved January 19, 2013.
- "Banning Assault Weapons: A Legal Primer for State and Local Action" (PDF). Legal Community Against Violence. April 2004. Archived from the original (PDF) on October 21, 2013. Retrieved December 27, 2012.
Assault weapons are semiautomatic firearms designed with military features to allow rapid and accurate spray firing.
- ^ Koerner, Brendan (September 16, 2004). "What Is an Assault Weapon? At last, you can get a semiautomatic rifle with a bayonet". Slate. Retrieved January 26, 2013.
- ^ "Senate Bill 23 Assault Weapon Characteristics". oag.ca.gov. California DOJ. 2000. Retrieved January 23, 2015.
- ^ "Assault weapon". Connecticut Law About Firearms. Connecticut General Statutes. September 11, 2018. Retrieved September 11, 2018.
- ^ 103rd Congress (1994). "Public Safety and Recreational Firearms Use Protection Act, H.R.3355" (PDF). Washington, D.C.: Government Printing Office. pp. 201–15. Retrieved January 27, 2013.
{{cite web}}
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In fact, the term was introduced by the gun industry itself to boost interest in new lines of firearms.
- Lowry, Richard (2003). Legacy: Paying the Price for the Clinton Years. Regnery Publishing. p. 96. ISBN 978-0-89526-049-9.
- Blake, Aaron. "Is it fair to call them 'assault weapons'?". The Washington Post. Retrieved November 1, 2022.
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New York is one of only seven states that have assault-weapons bans in place, according to the Brady Campaign to End Gun Violence.
- "Frequently Asked Questions: What is considered an assault weapon under California law?". California Department of Justice. December 16, 2011.
There are three categories of assault weapons under California law. The first category is firearms listed on the original Roberti-Roos assault weapons list (Penal Code section 12276, subds (a), (b), and (c)). The second category of assault weapons is AK and AR-15 series weapons, pdf (Penal Code sections 12276 (e) and (f)). The third category of assault weapons is defined by specific generic characteristics (PC section 12276.1, SB 23).
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- "General Laws: Title XX, Chapter 140, Section 121". Massachusetts Laws. The 188th General Court of the Commonwealth of Massachusetts. Retrieved January 3, 2013.
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- 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..."
- "Illinois Assault Weapons Ban Fails Again, Votes Not There For Passage In Lame-Duck Session". The Huffington Post. January 7, 2013. Retrieved January 9, 2013.
State Rep. Brandon Phelps, a Harrisburg Democrat, called the bill "too broad" as it applied to too many different types of guns, according to the Chicago Sun-Times.
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Law-abiding citizens, however, will once again be free to purchase semi-automatic firearms, regardless of their cosmetic features, for target shooting, shooting competitions, hunting, collecting, and most importantly, self-defense.
- "Violence Policy Center Issues Statement on Expiration of Federal Assault Weapons Ban" (Press release). Washington, D.C.: Violence Policy Center. September 13, 2004. Archived from the original on October 10, 2013.
Soon after its passage in 1994, the gun industry made a mockery of the federal assault weapons ban, manufacturing 'post-ban' assault weapons with only slight, cosmetic differences from their banned counterparts.
- "Assault Weapons Policy Summary". San Francisco, California: Law Center to Prevent Gun Violence. May 21, 2012.
- Seitz-Wald, Alex (February 6, 2013). "Don't mourn the assault weapons ban's impending demise". Salon.
says the ban created an artificial distinction between 'assault weapons' and other semi-automatic weapons, based almost entirely on cosmetic features. This is largely true.
- More cosmetic sources:
- McArdle, Megan (November 12, 2012). "Just Say No to Dumb Gun Laws". The Daily Beast.
... 'assault weapon' is a largely cosmetic rather than functional description.
- Kopel, David (December 17, 2012). "Guns, Mental Illness and Newtown". The Wall Street Journal.
None of the guns that the Newtown murderer used was an assault weapon under Connecticut law. This illustrates the uselessness of bans on so-called assault weapons, since those bans concentrate on guns' cosmetics, such as whether the gun has a bayonet lug, rather than their function.
- Yager, Jordy (January 16, 2013). "The problem with 'assault weapons'". The Hill.
Gun companies quickly realized they could stay within the law and continue to make rifles with high-capacity magazine clips if they steered away from the cosmetic features mentioned in the law.
- Sullum, Jacob (January 30, 2013). "What's an Assault Weapon?". Reason.
The distinguishing characteristics of 'assault weapons' are mainly cosmetic and have little or no functional significance in the context of mass shootings or ordinary gun crimes.
- McArdle, Megan (November 12, 2012). "Just Say No to Dumb Gun Laws". The Daily Beast.
- Roth, Alex; Prada, Paulo; Dade, Corey (March 13, 2009). "New Calls for Assault-Gun Ban". The Wall Street Journal. Retrieved December 28, 2012.
People seeking to stock up on the types of weapons that would likely be targeted by any ban—semiautomatic weapons, sometimes known as 'black guns' or 'black rifles'—have flocked to purchase them.
- Harrison, Laird (December 20, 2012). "4 Myths About Assault Weapons". KQED. Archived from the original on December 30, 2012. Retrieved December 28, 2012.
But these guns are no more powerful than many semiautomatic rifles legally used for hunting in California and throughout the United States. They don't shoot farther, faster or with more power. In order to create an 'assault weapon' ban, legislators had to list specific models of guns or characteristics such as pistol grips on rifles, flash hiders, folding rifle stocks and threaded barrels for attaching silencers.
- Decker, Scott; Ruddell, Rick (May 1, 2005). "Kids and Assault Weapons: Social Problem or Social Construction?". Criminal Justice Review. 30 (1): 53. doi:10.1177/0734016805275679. S2CID 56076954.
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- Frankel, Todd C.; Boburg, Shawn; Dawsey, Josh; Parker, Ashley; Horton, Alex. "How the AR-15 became a powerful political, cultural symbol in America". Washington Post. Retrieved May 18, 2023.
- Jamieson, Dave (December 16, 2012). "Dianne Feinstein To Introduce Assault Weapons Ban On First Day Of Congress". The Huffington Post. Retrieved December 6, 2013.
- Gold, Matea (December 21, 2012). "A defiant NRA calls for armed guards in every school". Los Angeles Times. Retrieved December 4, 2013.
- Ekins, Emily (January 30, 2013). "Just 27 Percent of Americans Say the 1994 Federal Assault Weapons Ban Would Have Helped Avoid the Sandy Hook Shooting". Reason.
- Feinstein, Dianne and Richard Blumenthal (December 21, 2012). Senators Feinstein and Blumenthal React to NRA. Washington, D.C.: C-SPAN. Retrieved December 4, 2013.
- Feinstein, Dianne and Richard Blumenthal (December 21, 2012). Senators Feinstein and Blumenthal React to NRA. Washington, D.C.: C-SPAN. Event occurs at 12:16. Retrieved December 4, 2013.
- "Summary of 2013 Feinstein Assault Weapons Legislation" (PDF). December 26, 2012. Retrieved December 5, 2013.
- S. 150
- Simon, Richard (April 17, 2013). "Senate votes down Feinstein's assault weapons ban". Los Angeles Times. Retrieved November 26, 2013.
External links
- Quotations related to Assault weapon at Wikiquote