Assault weapons legislation in the United States: Difference between revisions

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{{About|a kind of [[Overview of gun laws by nation|gun law]] in the [[United States]]|other uses of the term|Assault weapons ban (disambiguation)}}
{{About|a kind of [[Overview of gun laws by nation|gun law]] in the [[United States]]|other uses of the term|Assault weapons ban (disambiguation)}}


An '''assault weapons ban''' is a form of [[gun control]] in the United States that defines and bans [[assault weapon]]s. A [[Federal Assault Weapons Ban|federal Assault Weapons Ban]] (AWB) was enacted in 1994, and expired in 2004. Attempts to renew the ban failed, as have attempts to pass a new ban, such as the [[Assault Weapons Ban of 2013]] (AWB 2013). Seven U.S. states have assault weapons bans: three were enacted before the 1994 federal ban and four more passed before the federal ban expired.
'''Assault weapons legislation''' addresses [[gun control]] in the United States with regard to the definition and banning (if included in the bill) of the sale and/or manufacture of [[assault weapon]]s. A [[Federal Assault Weapons Ban|federal Assault Weapons Ban]] (AWB) was enacted in 1994, and expired in 2004. Attempts to renew the ban failed, as have attempts to pass a new ban, such as the [[Assault Weapons Ban of 2013]] (AWB 2013). Seven U.S. states have assault weapons bans: three were enacted before the 1994 federal ban and four more passed before the federal ban expired.


The 1994 federal ban and the first state ban, in California, were prompted by the Cleveland Elementary School shooting in Stockton, California, in January 1989. Existing and proposed weapon bans come under scrutiny in the wake of [[mass shooting]]s, most recently after the December 2012 [[Sandy Hook Elementary School shooting]] in Newtown, Connecticut.
The 1994 federal ban and the first state ban, in California, were prompted by the Cleveland Elementary School shooting in Stockton, California, in January 1989. Existing and proposed weapon bans come under scrutiny in the wake of [[mass shooting]]s, most recently after the December 2012 [[Sandy Hook Elementary School shooting]] in Newtown, Connecticut.

Revision as of 21:07, 5 May 2014

This article is about a kind of gun law in the United States. For other uses of the term, see Assault weapons ban (disambiguation).

Assault weapons legislation addresses gun control in the United States with regard to the definition and banning (if included in the bill) of the sale and/or manufacture of assault weapons. A federal Assault Weapons Ban (AWB) was enacted in 1994, and expired in 2004. Attempts to renew the ban failed, as have attempts to pass a new ban, such as the Assault Weapons Ban of 2013 (AWB 2013). Seven U.S. states have assault weapons bans: three were enacted before the 1994 federal ban and four more passed before the federal ban expired.

The 1994 federal ban and the first state ban, in California, were prompted by the Cleveland Elementary School shooting in Stockton, California, in January 1989. Existing and proposed weapon bans come under scrutiny in the wake of mass shootings, most recently after the December 2012 Sandy Hook Elementary School shooting in Newtown, Connecticut.

United States of America

History

In January 1989, 34 children and a teacher were shot in Stockton, Calif., using a semi-automatic replica of an AK-47 assault rifle. Five children died.[1][2][3]: 10  President George H.W. Bush banned the import of semiautomatic rifles in March 1989,[4] and made the ban permanent in July.[5]

In May 1989, California became the first state in the U.S. to pass an assault weapons ban,[6] followed by New Jersey 12 months later,[7] and Connecticut in June 1993.[8] A federal-level ban was passed in September 1994, but it expired in 2004. Between its passage and expiration, four more states passed assault weapons bans: Hawaii, Maryland, Massachusetts, and New York.[9]

How assault weapons are defined and banned varies from jurisdiction to jurisdiction. In 1994, the U.S. Justice Department gave a basic definition: "In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use."[10]

In addition to state bans, Washington, D.C., and some U.S. counties and municipalities have assault weapons bans: for example, Cook County, Illinois;[11] Chicago, Illinois;[12] and Boston, Massachusetts.

Federal Assault Weapons Ban

Main article: Federal Assault Weapons Ban

The assault weapons ban tried to address public concern about mass shootings while limiting the impact on recreational firearms use.[13]: 1–2 

In November 1993, the ban passed the U.S. Senate, although its author, Dianne Feinstein, D-CA, and other advocates said that it was a weakened version of the original proposal.[14] In January 1994, Josh Sugarmann, executive director of the Violence Policy Center, said handguns and assault weapons should be banned.[15] In May of that year, former presidents Gerald R. Ford, Jimmy Carter, and Ronald Reagan, wrote to the U.S. House of Representatives in support of banning "semi-automatic assault guns." They cited a 1993 CNN/USA Today/Gallup Poll that found 77 percent of Americans supported a ban on the manufacture, sale, and possession of such weapons.[16] Rep. Jack Brooks, D-TX, then chair of the House Judiciary Committee, tried to remove the ban from the crime bill but failed.[17]

The Public Safety and Recreational Firearms Use Protection Act, commonly called the federal Assault Weapons Ban (AWB 1994), was enacted in September 1994. Its two primary provisions banned: semi-automatic firearms that had two "military-style" features, and large-capacity magazines (LCMs, also called high-capacity magazines).[18] Critics of the assault weapon definition said that, on civilian guns, military features were largely cosmetic.[19]

The ban, including the ban on high-capacity magazines, became defunct (expired) in September 2004 per a 10-year sunset provision.

State assault weapon bans

U.S. Assault Weapons Bans by Jurisdiction
Jurisdiction Status - By Make/

Model

Semiauto

rifles

Semiauto

pistols

Shotguns Features

test

Magazine

capacity

California[20] In force ☒N ☒N ☒N ☒N ☒N ☒N
Connecticut[21] In force ☒N ☒N ☒N ☒N ☒N ☒N
District of Columbia[22] In force ☒N ☒N ☒N ☒N ☒N ☒N
Hawaii[23] In force ☒N ☒N ☒N
Maryland[24] In force ☒N ☒N ☒N ☒N ☒N ☒N
Massachusetts[25] In force ☒N ☒N ☒N ☒N ☒N ☒N
New Jersey[26] In force ☒N ☒N ☒N ☒N ☒N ☒N
New York[27] In force ☒N ☒N ☒N ☒N ☒N ☒N
See also: Gun laws in the United States by state

Three U.S. states passed assault weapons bans before Congress passed the federal Assault Weapons Ban of 1994: California in 1989, New Jersey in 1990, and Connecticut in 1993. Four others passed assault weapons bans before AWB 1994 expired in 2004: Hawaii, Maryland, Massachusetts and New York.

California

Main article: Roberti-Roos Assault Weapons Control Act of 1989

In May 1989, California became the first state in the U.S. to pass an assault weapons ban, after the January 1989 Cleveland Elementary School shooting in Stockton.[6]

The Roberti-Roos Assault Weapons Control Act of 1989, or AWCA, banned semi-automatic firearms that it classified as assault weapons: over 50 specific brands and models of rifles, pistols, and shotguns. It also banned magazines that it classified as large capacity (those able to hold more than 10 rounds of ammunition). Guns and magazines legally owned at the time the law was passed were grandfathered in if registered with the California Department of Justice.[28][29]

Connecticut

See also: Gun laws in Connecticut

In June 1993, Connecticut became the third U.S. state, after California and New Jersey, to pass an assault weapons ban.[8] In April 2013, four months after the Sandy Hook Elementary School shooting, the Connecticut General Assembly passed new restrictions to the state's existing assault weapons ban.[30] The law was challenged, but a federal judge upheld it and ruled it constitutional. Gun owners said they would appeal.[31]

Connecticut prohibits any person from possessing an assault weapon unless the weapon was possessed prior to July 1, 1994, and the possessor:

  • Was eligible to apply for a certificate of possession for the assault weapon by July 1, 1994;
  • Lawfully possessed the assault weapon prior to October 1, 1993; and
  • Is not in violation of Connecticut General Statutes §§ 53-202a to 53-202k (assault weapon regulations), and Connecticut General Statutes § 53-202o (affirmative defense in prosecution for possession of specified assault weapon). It also prohibits any person from distributing, transporting, importing into the state, keeping, offering or exposing for sale, or giving an assault weapon to any person.[21]

Connecticut defines an "assault weapon" as:

  • Any "selective-fire" firearm capable of fully automatic, semi-automatic or "burst fire" at the option of the user;
  • Any semi-automatic centerfire rifle, regardless of the date produced, that has the ability to accept a detachable magazine and has at least one of the following features: 1) A folding or telescoping stock; 2) Any grip of the weapon, including a pistol grip, thumbhole stock, or other stock that would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing; 3) A forward pistol grip; 4) A flash suppressor; or 5) A grenade or flare launcher;
  • A semi-automatic pistol that has an ability to accept a detachable magazine and has at least one of the following features: 1) The ability to accept a detachable ammunition magazine that attaches at some location outside the pistol grip; 2) A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer; 3) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm without being burned (except a slide that encloses the barrel); or 4) A second hand grip;
  • A semi-automatic shotgun that has both of the following features: 1) A folding or telescoping stock; or 2) Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing;
  • A semiautomatic, centerfire rifle that has: 1) a fixed magazine that can accept more than 10 rounds of ammunition; or 2) an overall length of less than 30 inches;
  • A semiautomatic pistol with a fixed magazine that has the ability to accept more than 10 rounds of ammunition;
  • A semiautomatic shotgun that can accept a detachable magazine; or
  • A shotgun with a revolving cylinder.[21]

Connecticut also bans listed makes and models of semiautomatic firearms and copies of those firearms. Grandfather clauses and other exceptions apply, depending.[21]

Hawaii

See also: Gun laws in Hawaii

Hawaiian law bans the manufacture, possession, sale or other transfer of what it defines as assault pistols. Hawaii defines an "assault pistol" as a semiautomatic handgun that accepts a detachable magazine and that has two or more of:

  • An ammunition magazine that attaches to the pistol outside of the pistol grip;
  • A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;
  • A shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the second hand without being burned;
  • A manufactured weight of 50 ounces or more when the pistol is unloaded;
  • A centerfire pistol with an overall length of 12 inches or more; or
  • A semiautomatic version of an automatic firearm.[23]

In tandem with the assault pistol ban is a law that bans the manufacture, possession, sale or other transfer of detachable ammunition magazines with capacities greater than 10 rounds that are capable of use with a pistol.[32]

Hawaii was one of seven U.S. states to have an assault weapons ban in place prior to the September 2004 sunset of the now defunct federal Assault Weapons Ban of 1994.[9]

Maryland

See also: Gun laws in Maryland

Maryland law prohibits the possession, sale, transfer, purchase, receipt, or transportation into the state of assault weapons defined as assault pistols and assault long guns. Maryland's definition of an "assault long gun" includes a list of 45 specific firearms or their copies, with certain variations. Maryland's definition of an "assault pistol" includes a list of 15 specific firearms or their copies, with certain variations. Maryland also defines an assault weapon "copycat weapon" as:

  • A semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following: a folding stock; a grenade or flare launcher; or a flash suppressor;
  • A semiauto centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
  • A semiauto centerfire rifle that has an overall length of less than 29 inches;
  • A semiauto pistol with a fixed magazine that can accept more than 10 rounds;
  • A semiauto shotgun that has a folding stock; or
  • A shotgun with a revolving cylinder.[24]

In tandem with the assault weapons ban is a law that bans the manufacture, possession, sale or other transfer of detachable magazines with capacities greater than 20 rounds.[33]

Maryland was one of seven U.S. states to have an assault weapons ban in place prior to the September 2004 sunset of the now defunct federal Assault Weapons Ban of 1994.[9]

Massachusetts

See also: Gun laws in Massachusetts

Massachusetts law bans the sale, transfer, or possession of assault weapons not otherwise lawfully possessed on September 13, 1994. Massachusetts defines "assault weapon" by the definition of "semiautomatic assault weapon" in the federal assault weapons ban of 1994. That definition included:

  • A list of firearms by name and copies of those firearms;
  • Semi-automatic rifles and pistols capable of accepting a detachable magazine and having at least two specified characteristics; and
  • Semi-automatic shotguns having at least two specified characteristics.[25]

In tandem with the assault weapons ban is a law that bans the sale, transfer, or possession of a large capacity feeding device unless such device was lawfully possessed on September 13, 1994. The definition of "large capacity feeding device" included: a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells; or a large capacity ammunition feeding device as defined in the federal assault weapons ban of 1994.[34]

Massachusetts was one of seven U.S. states to have an assault weapons ban in place prior to the September 2004 sunset of the now defunct federal Assault Weapons Ban of 1994.[9]

New Jersey

See also: Gun laws in New Jersey

In May 1990, New Jersey became the second state in the U.S. to pass an assault weapons ban, after California. At the time, it was the toughest assault weapons ban in the nation.[7] AR-15 platform, semi-automatic rifles are illegal in New Jersey, and owning and publicly carrying other guns require separate licensing processes.[35]

Although it is commonly referred to as an assault weapons ban, New Jersey's law actually uses the term "assault firearm" to define banned and regulated guns. Some New Jersey gun advocates have called its laws "draconian." Attorney Evan Nappen, author of several books on New Jersey gun laws, says the term is "misapplied and carries with it a pejorative meaning."[35]

New York

See also: Gun laws in New York

New York law bans the manufacture, transport, disposal or possession an assault weapon in the state. It defines an "assault weapon" as:

  • A semi-automatic rifle or pistol able to accept a detachable magazine and that has at least one of from a list of characteristics;
  • A semi-automatic shotgun that has at least one from a list of characteristics; or
  • A revolving cylinder shotgun.[27]

In tandem with the assault weapons ban is a law that bans the manufacture, transport, disposal or possession of a "large capacity ammunition feeding device," defined as: "a magazine, belt, drum, feed strip, or similar device that: 1) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; 2) contains more than seven rounds of ammunition; or 3) is obtained after January 15, 2013 and has a capacity of, or can be readily restored or converted to accept more than seven rounds of ammunition."[36]

New York was one of seven U.S. states to have an assault weapons ban in place prior to the September 2004 sunset of the now defunct federal Assault Weapons Ban of 1994.[9]

References

  1. ^ "Senate restricts assault weapon imports, production". The Pittsburgh Press. Associated Press. May 23, 1990. p. A13.
  2. ^ Pazniokas, Mark (December 20, 1993). "One Gun's Journey Into A Crime". The Courant. Hartford, CT.
  3. ^ Roth, Jeffrey A.; Koper, Christopher S. (1997). "Impact Evaluation of the Public Safety and Recreational Firearms Use Protection Act of 1994" (PDF). Washington, D.C.: The Urban Institute. {{cite journal}}: Cite journal requires |journal= (help)
  4. ^ Mohr, Charles (March 15, 1989). "U.S. Bans Imports of Assault Rifles in Shift by Bush". The New York Times.
  5. ^ Rasky, Susan F. (July 8, 1989). "Import Ban on Assault Rifles Becomes Permanent". The New York Times.
  6. ^ a b Ingram, Carl (May 19, 1989). "Assault Gun Ban Wins Final Vote : Deukmejian's Promised Approval Would Make It 1st Such U.S. Law". Los Angeles Times. Retrieved April 20, 2014.
  7. ^ a b DePalma, Anthony (May 18, 1990). "New Jersey Votes the Strictest Law In the Nation on Assault Weapons". New York Times. Retrieved April 20, 2014.
  8. ^ a b Johnson, Kirk (June 9, 1993). "Weicker Signs Bill to Forbid Assault Rifles". New York Times. Retrieved April 20, 2014.
  9. ^ a b c d e Koerner, Brendan (September 16, 2004). "What Is an Assault Weapon? At last, you can get a semiautomatic rifle with a bayonet". Slate. The Slate Group. Retrieved April 27, 2014.
  10. ^ Levs, Josh (January 31, 2013). "Loaded language poisons gun debate". Cable News Network. Retrieved April 27, 2014.
  11. ^ "Division 4. Blair Holt Assault Weapons Ban". municode.com. Municipal Code Corporation. 2013. Retrieved April 28, 2014.
  12. ^ "City of Chicago Regulation Defining "Assault Weapon"". chicagopolice.org. Chicago Police Department. 2013. Retrieved April 28, 2014.
  13. ^ Roth, Jeffrey A.; Christopher S. Koper (March 1999). "Impacts of the 1994 Assault Weapons Ban" (PDF). National Institute of Justice Research in Brief (NCJ 173405).
  14. ^ Bunting, Glenn F. (November 9, 1993). "Feinstein Faces Fight for Diluted Gun Bill". Los Angeles Times.
  15. ^ Sugarmann, Josh (January 1994). "Reverse FIRE: The Brady Bill won't break the sick hold guns have on America. It's time for tougher measures". Mother Jones. {{cite journal}}: Cite journal requires |journal= (help)
  16. ^ Eaton, William J. (May 5, 1994). "Ford, Carter, Reagan Push for Gun Ban". Los Angeles Times.
  17. ^ Seelye, Katharine Q. (July 28, 1994). "Assault Weapons Ban Allowed To Stay in Anti-crime Measure". The New York Times.
  18. ^ Roman, John K. (2014). "Special Report: Society: Assault Weapons". Britannica Book of the Year 2014. Encyclopaedia Britannica. p. 335. ISBN 978-1-62513-171-3. {{cite book}}: External link in |chapterurl= (help); Unknown parameter |chapterurl= ignored (|chapter-url= suggested) (help)
  19. ^ Roman, John K. (2014). "Special Report: Society: Assault Weapons". Britannica Book of the Year 2014. Encyclopaedia Britannica. p. 335. ISBN 978-1-62513-171-3. The 1994 Assault Weapons Ban .... defined an AW as a semiautomatic that had two "military-style" features .... Critics contended that it was [LCMs] that needed to be controlled and that the military features were mainly cosmetic for civilian guns. {{cite book}}: External link in |chapterurl= (help); Unknown parameter |chapterurl= ignored (|chapter-url= suggested) (help)
  20. ^ "Assault Weapons in California". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
  21. ^ a b c d "Assault Weapons in Connecticut". smartgunlaws.org. Law Center to Prevent Gun Violence. August 8, 2013. Retrieved April 28, 2014.
  22. ^ "Assault Weapons in the District of Columbia". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
  23. ^ a b "Assault Weapons in Hawaii". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
  24. ^ a b "Assault Weapons in Maryland". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
  25. ^ a b "Assault Weapons in Massachusetts". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
  26. ^ "Assault Weapons in New Jersey". smartgunlaws.org. Law Center to Prevent Gun Violence. January 1, 2012. Retrieved April 28, 2014.
  27. ^ a b "Assault Weapons in New York". smartgunlaws.org. Law Center to Prevent Gun Violence. January 1, 2012. Retrieved April 28, 2014.
  28. ^ Office of the Attorney General (November 2001). "Assault Weapons Identification Guide 2000" (PDF). oag.ca.gov. California Department of Justice. Retrieved April 21, 2014.
  29. ^ Attorney General (June 8, 2012). "California Firearms Laws 2007" (PDF). ag.ca.gov. California Department of Justice. Retrieved April 21, 2014.
  30. ^ "Connecticut Governor Signs Gun Measures". New York Times. Associated Press. April 4, 2013. Retrieved April 10, 2014.
  31. ^ Pazniokas, Mark (January 30, 2014). "Federal judge upholds Sandy Hook gun law". Connecticut Mirror. Connecticut News Project. Retrieved April 10, 2014.
  32. ^ "Large Capacity Ammunition Magazines in Hawaii". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
  33. ^ "Large Capacity Ammunition Magazines in Maryland". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
  34. ^ "Large Capacity Ammunition Magazines in Massachusetts". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
  35. ^ a b Linhorst, Michael; Connor, Erinn; Fujimori, Sachi (July 21, 2012). "N.J. law bans assault rifles, restricts other weapons". The Record. North Jersey Media Group. Retrieved April 21, 2014.
  36. ^ "Large Capacity Ammunition Magazines in New York". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.

Further reading

External links

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