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Revision as of 08:21, 15 May 2014 by 172.56.11.104 (talk) (→Attributes commonly used in assault weapon definitions: Still trimming excess so outside readers will read it and restoring encyclopedic structure)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff) This article is about the United States legal and political term. For fully automatic military rifles, see Assault rifle. For other uses, see Assault weapon (disambiguation).
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Assault weapon is a political and legal term that refers to different types of firearms, and that has differing meanings, usages and purposes. 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.

Definitions and usage

In the United States assault weapon definitions can include full auto rifles and some semi-auto rifles with a detachable high capacity magazines, a flash suppressor, a pistol grip, or bayonet lug. Some firearms are specified by name.

The definition varies among jurisdictions. The term is claimed to be a media invention or a term that was intended by gun control activists to foster confusion with the public over differences between full automatic and semi-automatic firearms. "Assault weapon" is intermixed with the term "assault rifle" which can refer to military rifles capable of switching between semi-automatic and full automatic mode. Fully automatic firearms are regulated in the US by the National Firearms Act of 1934, the Firearm Owners Protection Act of 1986, and state and local laws.

Semi-auto weapons automatically extract the spent cartridge casing and load the next cartridge into the chamber and require another pull of the trigger to fire again. A machine gun fires continuously as long as the trigger is depressed. The 1994 Assault Weapons Ban did not apply to fully automatic weapons. US Federal regulations define fully auto weapons under the NFA National Fire Arms Act title II. Title II weapons are regulated by the National Firearms Act (NFA) of June 26, 1934, passed in response to the Prohibition era use of Thompson submachine gun and the M1918 Browning Automatic Rifle.)

State definitions

A few states have their own state-level assault weapon bans and there are differences in their definitions of "assault weapons". Connecticut law now defines an assault weapon as "any selective-fire firearm capable of fully automatic, semiautomatic or burst fire at the option of the user". California law defines some single-shot weapons like the .50 BMG as assault weapons.

History of terminology

Hitler personally chose the name Sturmgewehr (storm rifle) to describe the Sturmgewehr 44) of a new class of small arm, which combined the characteristics of a carbine, submachine gun and automatic rifle. A half-decade earlier the term "Sturmgeschütz" ("storm gun") was invented and applied to certain armored military vehicles, turretless tank chassis mounting artillery intended for direct fire support. The Rifleman's Assault Weapon was an American grenade launcher developed in 1977 for use with the M16 assault rifle.

Recent history

Art Agnos introduced a bill (AB 1509) in the California State Assembly in 1985 designed to restrict semi-automatic firearms capable of using detachable magazines of 20 rounds or more. AB 1509 categorized this type as "assault firearms". Agnos stated: "The only use for assault weapons is to shoot people." AB 1509 failed to pass.

The term "assault weapon" was recently popularized by the 1988 book "Assault Weapons and Accessories in America" by gun-control activist Josh Sugarmann and to subsequent public reaction to the January 1989 Cleveland School massacre in Stockton, CA.

Gun rights advocates consider the term "assault weapon" to be a misnomer intended to confuse civilian semi-automatic firearms with military assault rifles. 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. 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." Robert Crook, executive director of the Coalition of Connecticut Sportsmen, said "the term 'assault weapon,' as used by the media, is a media invention."

Phillip Peterson believes "The manufacturers and gun writers of the day needed a catchy name to identify this new type of gun" during the 1980's

Laird Harrison in his 4 Myths About Assault Weapons wrote:"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."

Defunct U.S. Federal Assault Weapons Ban

The Colt AR-15 Sporter SP1 Carbine is a military style semi-automatic rifle that fires one round each time the trigger is pulled.
A semi-automatic Zastava M70AB2 rifle with a pistol grip and a folding stock.
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.
Main article: Federal Assault Weapons Ban

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

Failed Assault Weapons Ban of 2013 bill

Main article: Assault Weapons Ban of 2013

On December 16, 2012, two days after the Sandy Hook Elementary School shooting, Senator Dianne Feinstein said she would introduce a new assault weapons ban on the first day of Congress. Five days later, on December 21, Wayne LaPierre, chief executive of the National Rifle Association, held a news conference repeating the NRA's opposition to gun control. 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.

Differing state law definitions

Main article: Gun laws in the United States by state
  • California defines assault weapons by name, by "series" (AK or AR-15), and by characteristic.
  • Connecticut defines assault weapons as selective-fire firearms (capable of fully automatic, semi-automatic or burst fire); semi-automatic firearms specified by name; and semi-autmatic 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 and/or model including copies, regardless of manufacturer.
  • Massachusett defines assault weapons by the same provisions as the expired federal ban of 1994.
  • Minnesota defines certain firearms as assault weapons and regulates their sales.
  • 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.
  • Virginia defines certain firearms as assault weapons and regulates their sale and use.

In Illinois, proposed legislation in 2013 would have defined the term "semi-automatic assault weapon" to mean any semi-automatic firearm able to accept a detachable magazine. The Illinois Rifle Association said most of the state's firearms owners owned one or more guns that would have been banned under the proposal. The NRA said the proposal would have restricted about 50 percent of handguns and 75 percent of long guns in circulation. The legislation died in committee before coming to a vote.

Chicago defines certain firearms as assault weapons and bans those. Chicago and Cook County, which have no provision for the legal possession of guns that were owned before their laws were passed.

Political and legislative issues

The term "assault weapon" and how it should be defined and whether assault weapons should be restricted more than other firearms are questions subject to considerable debate. Gun-rights advocates prefer the term modern sporting rifles.

The Brady Campaign supports restrictions on ownership of firearms. as does the Coalition to Stop Gun Violence. The National Rifle Association opposes excessive restrictions on firearms. and Gun Owners of America. Gun-rights and sports shooting groups consider "assault weapon" to be a pejorative when used to describe civilian firearms, considering it a politically driven catchphrase aimed to confuse semi-automatic weapons with full-automatic assault rifles which have been strictly regulated since 1934 and cannot be owned by civilians without permits from federal, state, and local authorities.

In 2012 Slate estimated 2.5-3.7 million rifles from 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 unknown.

Attributes commonly used in assault weapon definitions

See also

Notes

  1. Goode, Erica (January 16, 2013). "Even Defining 'Assault Rifles' Is Complicated". New York Times. Retrieved January 18, 2013.
  2. Lallanilla, Marc (January 17, 2013). "What Is an Assault Weapon?". Fox News. Retrieved January 19, 2013.
  3. Richman, Josh (January 18, 2013). "Assault Weapons: What Are They, and Should They Be Banned?". San Jose Mercury News. Retrieved January 19, 2013.
  4. Blake, Aaron (January 17, 2013). "Is It Fair to Call Them 'Assault Weapons'?". Washington Post. Retrieved January 19, 2013.
  5. ^ Carney, Timothy P. (December 17, 2012). "Media Myths on 'Assault Weapons' and 'Semiautomatic Firearms'". Washington Examiner. Retrieved January 3, 2013.
  6. ^ Kauffman, Matthew (December 18, 2012). "In State With 'Assault Weapons' Ban, Lanza's Rifle Still Legal". The 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.
  7. ^ Tartaro, Joseph P. (1995). "The Great Assault Weapon Hoax". University of Dayton Law Review Symposium, Violent Crime Control and Law Enforcement Act of 1994, vol. 20, no. 2, 1995: 557. Retrieved January 3, 2013.
  8. ^ Blake, Aaron (January 17, 2013). "Is it fair to call them 'assault weapons'?". Washington Post. Retrieved January 30, 2013.
  9. ""Assault rifle." Encyclopædia Britannica. 2010. Encyclopædia Britannica Online. 03 Jul. 2010". Britannica.com. Retrieved 2013-01-02.
  10. Ballou, James L. (2000). Rock in a Hard Place: The Browning Automatic Rifle. Collector Grade Publications Inc. pp. 77–79. ISBN 0-88935-263-1.
  11. ^ "General Laws: Title XX, Chapter 140, Section 121". Massachusetts Laws. The 188th General Court of the Commonwealth of Massachusetts. Retrieved January 3, 2013.
  12. ^ "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". Retrieved December 28, 2012.
  13. ^ "Assault weapon". State of Connecticut Judicial Branch. Retrieved December 29, 2012.
  14. "Frequently Asked Questions .50 BMG Rifle Registration". State of California Department of Justice. Retrieved 2012-12-26.
  15. "Tactical and Technical Trends, No. 57, April 1945, War Department". Lonesentry.com. May 10, 2007. Retrieved September 17, 2011.
  16. Jane's Infantry Weapons 1995–96, p. 219.
  17. ^ "California: gun control's primary target". Guns & Ammo Magazine. November 1, 1985.
  18. Ingram, Carl (April 9, 1985). "Restricting of Assault-Type Guns Okd by Assembly Unit". Los Angeles Times.
  19. Levs, Josh (January 31, 2013). "Loaded language poisons gun debate". CNN. Retrieved January 31, 2013.
  20. Peterson, Phillip (2008). Gun Digest Buyer's Guide to Assault Weapons. Iola, Wisconsin: Gun Digest Books. p. 11. ISBN 978-0896896802.
  21. Harrison, Laird (December 20, 2012). "4 Myths About Assault Weapons". KQED. Retrieved December 28, 2012.
  22. Jamieson, Dave (December 16, 2012). "Dianne Feinstein To Introduce Assault Weapons Ban On First Day Of Congress". Huffington Post. Retrieved December 6, 2013.
  23. Gold, Matea (December 21, 2012). "A defiant NRA calls for armed guards in every school". Los Angeles Times. Retrieved December 4, 2013.
  24. Feinstein, Dianne and Richard Blumenthal (December 21, 2012). Senators Feinstein and Blumenthal React to NRA. Washington, D.C.: C-SPAN. Retrieved December 4, 2013.
  25. 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.
  26. "Summary of 2013 Feinstein Assault Weapons Legislation" (PDF). December 26, 2012. Retrieved December 5, 2013.
  27. Simon, Richard (April 17, 2013). "Senate votes down Feinstein's assault weapons ban". Los Angeles Times. Retrieved November 26, 2013.
  28. "Frequently Asked Questions: What is considered an assault weapon under California law?". California Department of Justice. 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).
  29. ^ Mantel, Barbara (March 8, 2013). "Gun Control". CQ Researcher. 23 (10). CQ Press: 233–256. Retrieved December 3, 2013.
  30. "State Laws and Published Ordinances — Firearms, 2010 – 2011 — 31st Edition". ATF.gov. Bureau of Alcohol, Tobacco, Firearms and Explosives. January 2011. {{cite web}}: |chapter= ignored (help); External link in |chapterurl= (help); Unknown parameter |chapterurl= ignored (|chapter-url= suggested) (help)
  31. ^ Cuomo, Andrew M. (January 16, 2013). "Governor Cuomo Signs NY Safe Act in Rochester" (Press release). Rochester, New York: Governor's Press Office. Retrieved January 16, 2013.
  32. Berger, Judson (January 18, 2013). "NY Guv Looks to Clarify Gun Law After Concern About Exemption for Police". Fox News. Retrieved January 18, 2013.
  33. 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..."
  34. ^ Chakraborty, Barnini (January 3, 2013). "Firearms Groups Fight Sweeping Illinois Gun Ban, Dems Weigh Options". Fox News. Retrieved January 5, 2013.
  35. "Illinois Assault Weapons Ban Fails Again, Votes Not There For Passage In Lame-Duck Session". 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.
  36. "Municipal Code of Chicago – Title 8, Chapter 8-20, Article III., Section 170 – Unregisterable firearms". American Legal Publishing Corporation. Retrieved January 27, 2013.
  37. "Cook County, Illinois, Code of Ordinances – Part I, Chapter 54, Article III, Division 4 – Blair Holt Assault Weapons Ban". Library.municode.com. Retrieved January 27, 2013.
  38. {{cite web |title=DPMS Founder and President Retires |url=http://www.theoutdoorwire.com/story/1260775574jux81fpyv51 |publisher=The Outdoor Wire Digital Network |date=December 14, 2009 |accessdate=August 16, 2013
  39. "Modern Sporting Rifle (MSR) Comprehensive Consumer Report 2010" (PDF). National Shooting Sports Foundation. 2010. Retrieved August 16, 2013.
  40. "Federal Gun Laws: Assault-Style Weapons", Brady Campaign to Prevent Gun Violence. Retrieved January 6, 2013.
  41. "Issues and Campaigns: Assault Weapons", Coalition to Stop Gun Violence. Retrieved January 6, 2013.
  42. "Semi-Automatic Firearms and the 'Assault Weapon' Issue", National Rifle Association – Institute for Legislative Acton, June 3, 2011. Retrieved January 6, 2013.
  43. "Assault Weapons Bans: A Solution in Search of a Problem", Gun Owners of America, December 24, 2008. Retrieved January 6, 2013.
  44. Amy Hunter, Gun sales booming across the nation (December 1, 2008). Culpeper Star-Exponent.
  45. Cook County assault weapon ban hits Illinois Supreme Court (January 18, 2012). Illinois Public Radio.
  46. Wayne LaPierre and James Jay Baker (2002). Shooting Straight: Telling the Truth about Guns in America. Regnery Publishing. pp. 43–44.
  47. ""Background Information on So-Called 'Assault Weapons'". National Shooting Sports Foundation. December 2011. Retrieved December 18, 2012.
  48. Peters, Justin (December 20, 2012). "How Many Assault Weapons Are There in America? How Much Would It Cost the Government to Buy Them Back?". Slate. Retrieved January 3, 2013.

Further reading

External links

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