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Assault weapon refers primarily (but not exclusively) to semi-automatic [[firearms]] utilizing an intermediate-power cartridge that possess the cosmetic features of a military ''fully''-automatic [[assault rifle]].<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> [[Stg44 | Original definitions and uses of the term for such assault rifles in German]], ''Sturmgewehr'', literally '''storm''' (or assault) rifle, included capability of fully automatic function. Later definitions from the 1994 Assault Weapons Ban specified semi-automatic weapons, '''only'''.<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 =FederalBan>[http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=921 United States Code, Title 18, Section 921 — Firearms: Definitions], which contains a definition of the term "semiautomatic assault weapon".</ref> Actually possessing the operational features, such as 'full-auto', is not required for classification as an assault weapon; merely the possession of cosmetic features is now enough to warrant such classification 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> [[Semi-automatic firearm]]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 [[trigger]] pull.<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> The [[National Rifle Association]] has referred to the features affected by the Federal Assault Weapons Ban as cosmetic,<ref>[http://www.nra.org/Article.aspx?id=886 Finally, the end of a sad era -- Clinton Gun Ban stricken from books!] ''[[National Rifle Association]]''</ref> as has the [[Violence Policy Center]].<ref name="ref1">[http://www.vpc.org/press/0409aw.htm Violence Policy Center Issues Statement on Expiration of Federal Assault Weapons Ban], [[Violence Policy Center]]</ref>
Assault weapon refers primarily (but not exclusively) to semi-automatic [[firearms]] utilizing an intermediate-power cartridge that possess the cosmetic features of a military ''fully''-automatic [[assault rifle]].<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> [[Stg44 | Original definitions and uses of the term for such assault rifles in German]], ''Sturmgewehr'', literally '''storm''' (or assault) rifle, included capability of fully automatic function. Later definitions from the 1994 Assault Weapons Ban specified semi-automatic weapons, '''only'''.<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 =FederalBan>[http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=921 United States Code, Title 18, Section 921 — Firearms: Definitions], which contains a definition of the term "semiautomatic assault weapon".</ref> Actually possessing the operational features, such as 'full-auto', is not required for classification as an assault weapon; merely the possession of cosmetic features is now enough to warrant such classification 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> [[Semi-automatic firearm]]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 [[trigger]] pull.<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> The [[National Rifle Association]] has referred to the features affected by the Federal Assault Weapons Ban as cosmetic,<ref>[http://www.nra.org/Article.aspx?id=886 Finally, the end of a sad era -- Clinton Gun Ban stricken from books!] ''[[National Rifle Association]]''</ref> as has the [[Violence Policy Center]].<ref name="ref1">[http://www.vpc.org/press/0409aw.htm Violence Policy Center Issues Statement on Expiration of Federal Assault Weapons Ban], [[Violence Policy Center]]</ref>


Nonetheless, assault weapon is a term that has been given many different meanings.<ref name ="Philly">Babay, Emily (December 22, 2012). [http://articles.philly.com/2012-12-22/news/35955483_1_assault-weapons-assault-weapon-bans-fully-automatic-firearms "Confusion Abounds: Just What Is an 'Assault Weapon'?"], 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 [[Automatic firearm|automatic]] and [[semi-automatic firearm|semi-automatic]] military [[firearms]] utilizing an [[intermediate cartridge|intermediate]]-power [[Cartridge (firearms)|cartridge]].<ref>Definition of [http://dictionary.reference.com/browse/assault+weapon?s=t "assault weapon"], Dictionary.com. Retrieved December 29, 2012.</ref><ref>Definition of [http://www.merriam-webster.com/dictionary/assault%20weapon "assault weapon"], 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 cosmetics, as well as full-auto firearms that possess these same cosmetic 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 [[Title II weapons]], not assault weapons, and Title II weapons are heavily regulated by the [[National Firearms Act| National Firearms Act (NFA)]] of 1934, passed in response to infamous Prohibition Era use of machine guns. Similarly, in California, even some manually operated firearms, such as [[.50 BMG]] 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>
Nonetheless, assault weapon is a term that has been given many different meanings.<ref name ="Philly">Babay, Emily (December 22, 2012). [http://articles.philly.com/2012-12-22/news/35955483_1_assault-weapons-assault-weapon-bans-fully-automatic-firearms "Confusion Abounds: Just What Is an 'Assault Weapon'?"], 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 [[Automatic firearm|automatic]] and [[semi-automatic firearm|semi-automatic]] military [[firearms]] utilizing an [[intermediate cartridge|intermediate]]-power [[Cartridge (firearms)|cartridge]].<ref>Definition of [http://dictionary.reference.com/browse/assault+weapon?s=t "assault weapon"], Dictionary.com. Retrieved December 29, 2012.</ref><ref>Definition of [http://www.merriam-webster.com/dictionary/assault%20weapon "assault weapon"], 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 cosmetics, as well as full-auto firearms that possess these same cosmetic 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 [[Title II weapons]], not assault weapons, and Title II weapons are heavily regulated by the [[National Firearms Act| National Firearms Act (NFA)]] of 1934, passed in response to infamous Prohibition Era use of [[submachine gun]]s. Similarly, in California, even some manually operated firearms, such as [[.50 BMG]] 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 "assault rifles" as "assault weapons". Hence, some state definitions of assault weapon explicitly include [[Assault rifle|assault rifles]]. For example, in [[Connecticut]], 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">{{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 =FederalBan>[http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=921 United States Code, Title 18, Section 921 — Firearms: Definitions], which contains a definition of the term "semiautomatic assault weapon".</ref> 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.
Some state laws, however, make no such distinction, classifying all firearms with either the cosmetic features or the actual operational features of "assault rifles" as "assault weapons". Hence, some state definitions of assault weapon explicitly include [[Assault rifle|assault rifles]]. For example, in [[Connecticut]], 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">{{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 =FederalBan>[http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=18&sec=921 United States Code, Title 18, Section 921 — Firearms: Definitions], which contains a definition of the term "semiautomatic assault weapon".</ref> 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.

Revision as of 10:58, 8 January 2013

Firearm legal topics of the
United States
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This article is about the American legal and political term. You may be looking for Assault rifle, or for Assault gun, FGM-172 SRAW (Short-Range Assault Weapon), M202 FLASH (FLame Assault SHoulder Weapon), Shoulder-launched Multipurpose Assault Weapon, or the Rifleman's Assault Weapon.

In discussions about gun laws and gun politics in the United States, an assault weapon is most commonly defined as a semi-automatic firearm possessing certain features similar to those of military firearms. The exact definition of the term in this context is set differently by each of the various laws that limit or prohibit their manufacture, importation, sale, or possession. These laws include the now-expired Federal Assault Weapons Ban, as well as state and local laws. 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.[1][2] Critics of the term assert that it is a media invention,[3] or a term that is intended to cause confusion among the public by intentionally misleading the public to believe that assault weapons (as defined in legislation) are full automatic firearms when they are not.[4]

According to most definitions, an assault weapon is a semi-automatic firearm with a detachable magazine, in conjunction with one, two, or more other features such as a pistol grip, a folding stock, a flash suppressor, or a bayonet lug.[5] Most assault weapons are rifles, but some are pistols or shotguns. Other legislation defines the term more broadly to mean any semi-automatic firearm with a detachable magazine, which includes the majority of all firearms.[6]

In more casual usage, the term "assault weapon" is sometimes conflated with the term "assault rifle". An assault rifle is a military rifle that utilizes an intermediate-power cartridge, and that generally is capable of full-automatic fire, where multiple rounds are fired continuously when the trigger is pulled one time — that is, a machine gun — or burst capable, where a burst of several rounds is fired when the trigger is pulled one time.[7] In the United States, full-automatic firearms are heavily restricted, and regulated by federal laws such as the National Firearms Act of 1934, as well as some state and local laws.

Definitions and usage

Assault weapon refers primarily (but not exclusively) to semi-automatic firearms utilizing an intermediate-power cartridge that possess the cosmetic features of a military fully-automatic assault rifle.[1][8] Original definitions and uses of the term for such assault rifles in German, Sturmgewehr, literally storm (or assault) rifle, included capability of fully automatic function. Later definitions from the 1994 Assault Weapons Ban specified semi-automatic weapons, only.[1][2] Actually possessing the operational features, such as 'full-auto', is not required for classification as an assault weapon; merely the possession of cosmetic features is now enough to warrant such classification as an assault weapon.[9] Semi-automatic firearms, 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 trigger pull.[9] The National Rifle Association has referred to the features affected by the Federal Assault Weapons Ban as cosmetic,[10] as has the Violence Policy Center.[11]

Nonetheless, assault weapon is a term that has been given many different meanings.[5] 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.[12] Another definition is any of various automatic and semi-automatic military firearms utilizing an intermediate-power cartridge.[13][14] The reason is that since the definition of assault weapon is only defined by cosmetic features, both semi-automatic firearms that possess these cosmetics, as well as full-auto firearms that possess these same cosmetic 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 Title II weapons, not assault weapons, and Title II weapons are heavily regulated by the National Firearms Act (NFA) of 1934, passed in response to infamous Prohibition Era use of submachine guns. Similarly, in California, even some manually operated firearms, such as .50 BMG rifles, are essentially treated as "assault weapons".[15]

Some state laws, however, make no such distinction, classifying all firearms with either the cosmetic features or the actual operational features of "assault rifles" as "assault weapons". Hence, some state definitions of assault weapon explicitly include assault rifles. For example, in Connecticut, 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".[16] Only seven states have such state-level assault-weapons bans in place[17]; in all other states, assault weapons are considered semi-automatic only, per prior definitions established by Federal law.[1][2] 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.[18][19] The vast majority of states define assault weapons as being semi-automatic firearms, only.

The Gun Digest Book of Assault Weapons (7th Edition, 2011) describes itself as being "all about true assault weapons...fully automatic, selective-fire or equipped with mission-specific features designed only for military and law enforcement applications."[20]

History of terminology

The term "assault weapon" was originally used solely in the context of military weapons systems, such as for the Rifleman's Assault Weapon that is an American weapons system that dates from the 1970s built around the M16 assault rifle. Over time, this usage has changed.

The term "assault weapon", as used in the context of civilian rifles, has been attributed to gun-control activist Josh Sugarmann, author of the 1988 book "Assault Weapons and Accessories in America" who wrote:

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.[21][22]

Because of this history, the use of the term "Assault Weapon" is highly controversial, especially among gun rights activists, who consider it a made-up term invented specifically to disparage civilian semi-automatic firearms that fundamentally function no differently than many other commonly owned civilian firearms, differing only by the presence of black plastic parts in the place of wood for stocks and grips.[23] Assault weapons are also colloquially and commonly called "black guns" or "black rifles".[24] The use of the term "assault weapon" is also highly controversial, as it is believed the term is a media invention.[3] Others believe "assault weapon" is a term that is intended to cause confusion among the public by intentionally misleading the public to believe that assault weapons are full automatic firearms when they are not.[4]

United States Federal Assault Weapons Ban

The Colt AR-15 Sporter SP1 Carbine looks like a military rifle, but is a 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, despite firing the same .22 LR cartridges as any other Ruger 10/22.
An Intratec TEC-DC9 with a 32-round magazine. This semi-automatic pistol has a threaded barrel, one of the features listed in the Federal Assault Weapons Ban.
Main article: Federal Assault Weapons Ban

The legal term "Assault Weapon" was most notably used first in the language of the now-expired Public Safety and Recreational Firearms Use Protection Act of 1994, more commonly known as the Federal Assault Weapons Ban, which expired in 2004. The federal assault weapons ban specifically prohibited 19 guns considered to be assault weapons. These were all semi-automatic firearms, meaning that they can eject spent shell casings and chamber the next round without additional human action, but (as opposed to automatic firearms) only one round is fired per pull of the trigger.[12] In addition to the 19 weapons specifically prohibited, the federal assault weapons ban also defined as a prohibited assault weapon any semiautomatic rifle with a detachable magazine and at least two of the following five items: a folding or telescopic stock; a pistol grip that protrudes conspicuously beneath the action of the weapon; a bayonet mount; a flash suppressor or threaded barrel (a barrel that can accommodate a flash suppressor); or a grenade launcher. The act also defined as a prohibited assault weapon semi-automatic pistols that weighed more than 50 ounces when unloaded or included a barrel shroud, and barred the manufacture of magazines for both pistols and rifles capable of carrying more than 10 rounds.[12]

In the former U.S. law, the legal term assault weapon included certain specific semi-automatic firearm models by name (e.g., Colt AR-15, TEC-9, non-select-fire AK-47s produced by three manufacturers, and Uzis) and other semi-automatic firearms because they possess a minimum number of cosmetic features from the following list of features:

Semi-automatic rifles able to accept detachable magazines and two or more of the following:
Semi-automatic pistols with detachable magazines and two or more of the following:
  • Magazine that attaches outside the pistol grip
  • Threaded barrel to attach barrel extender, flash suppressor, handgrip, or suppressor
  • Barrel shroud that can be used as a hand-hold
  • Unloaded weight of 50 oz (1.4 kg) or more
  • A semi-automatic version of a fully automatic firearm.
Semi-automatic shotguns with two or more of the following:
  • Folding or telescoping stock
  • Pistol grip
  • Fixed capacity of more than 5 rounds
  • Detachable magazine.

Differing state law definitions

Although the federal assault weapons ban expired in 2004, several states still have their own current assault weapons bans that sometimes differ from the former federal law. Only seven states have their own assault-weapons bans in place.[17] 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.[25]

In California, the Roberti-Roos Assault Weapons Control Act of 1989 bars a number of specific firearm models defined within three legally defined categories of assault weapons.[26]

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.[16]

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...”.[27] They thus have the same definitions in Massachusetts as was used in the expired Federal 1994 Assault Weapons Ban.

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."[19]

A few states, such as New York and California, have provisions in their state laws that prohibit ownership of Title II weapons and devices. Most states allow legal ownership if the owner has complied with the federal registration and taxation requirements. A few states only allow possession of NFA firearms on the federal Curios and Relics list, again only if the owner has complied with federal requirements.

Relation to assault rifles

A common mistake in informal discourse is to confuse the term assault rifle (which has full-automatic, "machine gun" capability) with the term 'assault weapon.' Unlike assault rifle, 'assault weapon' has no consistent or specific definition and, so, is subject to varying definitions for varying purposes, including definitions that include common non-military and non-military-style firearms.[28][5] Civilian ownership of firearms is generally restricted to semi-automatic weapons. Civilian ownership of assault 'rifles' or any other full-automatic firearm is tightly regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives under the National Firearms Act of 1934 as amended by Title II of the Gun Control Act of 1968.[12]

"Assault weapon" is simply a legal term of art classification of semi-automatic firearm possessing certain features, and often utilizing an intermediate-power cartridge. Unlike the term "assault rifle", however, the term "assault weapon" has no consistent definition across all legal jurisdictions in the United States, and is, therefore, subject to varying definitions for varying purposes, including definitions that can include military firearms in some states. In the United States, there are several statutory definitions of assault weapons in local, state, and federal laws that define them by a set of characteristics they possess, sometimes described as military-style cosmetic features. Using lists of cosmetic features or lists of specific firearms in defining semi-automatic assault weapons in the U.S. was first codified by the language of the now-expired 1994 Federal Assault Weapons Ban.[1][2]

The conflation of assault weapons with assault rifles comes from confusing semi-automatic operation with fully automatic operation. A semi-automatic firearm is one that performs all steps necessary to prepare the firearm to fire again after firing—assuming cartridges remain in the weapon's magazine. Although semi-automatic and fully automatic firearms do the same tasks, semi-automatic firearms do not automatically then fire any additional rounds until the trigger is released and re-pressed by the person firing the weapon. Semi-automatic firearms are therefore simply the common household guns typically owned by civilians, that fire one shot per trigger pull. In contrast, a fully automatic military firearm, when set to fire automatically, fires continuously like a machine gun as long as the trigger is held, at least until ammunition is depleted. Understanding this critical difference between semi-automatic and fully automatic firearm operation is critical for understanding what an assault weapon is, and how it differs from an assault rifle.

Political and legislative issues

File:Beretta Model 1934 Pistol.jpg
Beretta model 1934 pistol, defined as an "assault weapon" is some legislation due to being semi-asutomatic or having a detachable magazine

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 gun politics in the United States. Critics say that it is an vague term created by anti-firearm activists in an attempt to brand specific firearms as more dangerous as others.[4]

Prominent gun-control groups that support restrictions on ownership of firearms include the Brady Campaign[29] and the Coalition to Stop Gun Violence.[30] Prominent opponents of assault-weapons bans include the National Rifle Association[31] and Gun Owners of America.[32] Gun-rights and sports shooting groups consider the phrase assault weapon to be a pejorative when used to describe civilian firearms,[33][34][35] considering it a politically driven catchphrase aimed to conflate non-automatic weapons with actual full-automatic assault rifles[28] which are already (since 1934) strictly regulated and cannot be obtained by civilians without prior clearance by US federal, state, and local authorities.

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.[36] AR-15 rifles are a favorite for target shooting, hunting, and personal protection.[37]

Attributes in assault weapon definitions

Attributes previously defined in Federal assault weapon legislation and their purposes:

  • Detachable magazines allow for fast reloading
  • Collapsible stocks allow for adjustment to the length of pull, permitting one firearm to be immediately fitted for any shooter
  • Folding stocks allow for ease of transport by reducing the total length of the firearm when transported
  • Pistol grips (on rifles) reduce the angle (and thus rotational strain) of the wrist.
  • Bayonet mounts are often on civilian firearms due to the same parts being used on both government and civilian rifles[2]
  • Flash suppressors reduce night vision degradation to a shooter's vision, as well as those beside or behind the user. They do not render any reduction in detecting a shooter. [38]
  • Threaded barrels mount flash suppressors, compensators and muzzle brakes both used for aiding recoil management.
  • Barrel mounted grenade launcher mounts are concentric rings around the muzzle that facilitate attachment of rifle grenades
  • A barrel shroud is a tube around the barrel designed to limit transfer of heat from the barrel to the supporting hand, or to protect a shooter from being burned by accidental contact.[39]
  • Magazines greater than 10 rounds[2]
  • Semi-automatic, functionality meaning that they can eject spent shell casings and chamber the next round without additional human action, but (as opposed to automatic firearms) only one round is fired per pull of the trigger.[12]

See also

Notes

  1. ^ a b c d e Carney, Timothy P. (December 17, 2012). "Media Myths on 'Assault Weapons' and 'Semiautomatic Firearms'". Washington Examiner. Retrieved January 3, 2013. Cite error: The named reference "Media Myths on assault weapons" was defined multiple times with different content (see the help page).
  2. ^ a b c d e f United States Code, Title 18, Section 921 — Firearms: Definitions, which contains a definition of the term "semiautomatic assault weapon".
  3. ^ a b Matthew Kauffman (December 18, 2012). "In State With 'Assault Weapons' Ban, Lanza's Rifle Still Legal". Hartfort Courant. Retrieved 2013-01-02. 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.
  4. ^ a b c Joseph P. Tartaro (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 2013-01-03. 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. {{cite web}}: line feed character in |publisher= at position 99 (help) Cite error: The named reference "intentional_confusion" was defined multiple times with different content (see the help page).
  5. ^ a b c Babay, Emily (December 22, 2012). "Confusion Abounds: Just What Is an 'Assault Weapon'?", Philly.com. Retrieved December 28, 2012.
  6. ^ Chakraborty, Barnini (January 3, 2013). "Firearms Groups Fight Sweeping Illinois Gun Ban, Dems Weigh Options". Fox News. Retrieved January 5, 2013. 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.
  7. ^ ""Assault rifle." Encyclopædia Britannica. 2010. Encyclopædia Britannica Online. 03 Jul. 2010". Britannica.com. Retrieved 2013-01-02.
  8. ^ "Banning Assault Weapons – A Legal Primer for State and Local Action" (PDF). Legal Community Against Violence. April 2004. Retrieved 2012-12-27. Assault weapons are semiautomatic firearms designed with military features to allow rapid and accurate spray firing.
  9. ^ a b David Kopel (December 17, 2012). "Guns, Mental Illness and Newtown". Wall Street Journal. Retrieved 2012-12-18. 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.
  10. ^ Finally, the end of a sad era -- Clinton Gun Ban stricken from books! National Rifle Association
  11. ^ Violence Policy Center Issues Statement on Expiration of Federal Assault Weapons Ban, Violence Policy Center
  12. ^ a b c d e Brendan Koerner, What Is an Assault Weapon? (September 16, 2004). Slate.
  13. ^ Definition of "assault weapon", Dictionary.com. Retrieved December 29, 2012.
  14. ^ Definition of "assault weapon", Merriam-Webster. Retrieved December 29, 2012.
  15. ^ "Frequently Asked Questions .50 BMG Rifle Registration". State of California Department of Justice. Retrieved 2012-12-26. 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.
  16. ^ a b "Assault weapon". State of Connecticut Judicial Branch. Retrieved December 29, 2012.
  17. ^ a b Laura Nahmias (December 22, 2012). "Cuomo for Gun Laws". Wall Street Journal. Retrieved 2012-12-26. New York is one of only seven states that have assault-weapons bans in place, according to the Brady Campaign to End Gun Violence.
  18. ^ "General Laws: Title XX, Chapter 140, Section 121". Massachusetts Laws. The 188th General Court of the Commonwealth of Massachusetts. Retrieved January 3, 2013.
  19. ^ a b "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 2012-12-28.
  20. ^ "Gun Digest Book of Assault Weapons 7th Edition". Gun Digest Books. Retrieved 24 December 2012.
  21. ^ "Assault Weapons & Accessories". Violence Policy Center. Retrieved 2005-02-26. 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.
  22. ^ Sugarmann, Josh (1988). Assault Weapons and Accessories in America. Washington, D.C.: Firearms Policy Project of the Violence Policy Center. ISBN 9780927291002. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
  23. ^ Laird Harrison (December 20, 2012). "4 Myths About Assault Weapons". NPR (KQED). Retrieved 2012-12-28. 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.
  24. ^ Alex Roth, Paulo Prada, and Corey Dade (March 13, 2009). "New Calls for Assault-Gun Ban". Wall Street Journal. Retrieved 2012-12-28. 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.{{cite web}}: CS1 maint: multiple names: authors list (link)
  25. ^ "Banning Assault Weapons – A Legal Primer for State and Local Action" (PDF). Legal Community Against Violence. 2004. Retrieved 2012-12-27.
  26. ^ Frequently Asked Questions: Assault Weapon Registration, 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)."
  27. ^ "General Laws". 2012-12-28.
  28. ^ a b ""Background Information on So-Called 'Assault Weapons'". National Shooting Sports Foundation. Retrieved December 18, 2012.
  29. ^ "Federal Gun Laws: Assault-Style Weapons", Brady Campaign to Prevent Gun Violence. Retrieved January 6, 2013.
  30. ^ "Issues and Campaigns: Assault Weapons", Coalition to Stop Gun Violence. Retrieved January 6, 2013.
  31. ^ "Semi-Automatic Firearms and the 'Assault Weapon' Issue", National Rifle Association – Institute for Legislative Acton, June 3, 2011. Retrieved January 6, 2013.
  32. ^ "Assault Weapons Bans: A Solution in Search of a Problem", Gun Owners of America, December 24, 2008. Retrieved January 6, 2013.
  33. ^ Amy Hunter, Gun sales booming across the nation (December 1, 2008). Culpeper Star-Exponent.
  34. ^ Cook County assault weapon ban hits Illinois Supreme Court (January 18, 2012). Illinois Public Radio.
  35. ^ Wayne LaPierre and James Jay Baker (2002). Shooting Straight: Telling the Truth about Guns in America. Regnery Publishing. pp. 43–44.
  36. ^ 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.
  37. ^ Goode, Erica (December 15, 2012). "Rifle Used in Killings, America's Most Popular, Highlights Regulation Debate". New York Times. Retrieved January 3, 2012.
  38. ^ Army Field Manual FM 3-22
  39. ^ Puryear, Eric (April 7, 2008). "Glossary of Gun Related Terms". LearnAboutGuns.com. Retrieved January 3, 2013.
  • Assault weapons entry by Robert J. Spitzer 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.
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