In 1988, after handgun prohibition groups realized that
their 14-year effort to get handguns banned had failed, the Violence
Policy Center (VPC), led by an anti-handgun activist, recommended that
they adopt “assault weapons” as a “new topic” to “strengthen the handgun
restriction lobby.”
In 1994, Congress “banned” the manufacture and importation
of “assault weapons,” most of which were general-purpose rifles like
the AR-15, and “large” ammunition magazines, defined as those that held
more than 10 rounds. However, hundreds of thousands of nearly identical
firearms were made in the U.S. and an estimated 50 million “large”
magazines were imported while the “ban” was in effect, leading the VPC
to call the law a “fictional ban,” a “charade” and a “joke.”
The “fictional ban” expired in 2004 and the numbers of the
previously “banned” firearms and magazines have increased at a rate
even greater than when the “ban” was in effect. The firearms and
magazines are commonly used for defensive purposes, training, sports and
hunting. Violent crime has continued to decline and in 2013 the
nation’s murder rate fell to possibly an all-time low. Cynically, gun
control supporters now call for a ban that is not fictional, and that
applies to more types of firearms.
"Assault Weapons" and "Large" Magazines Fact Sheet
Firearms that gun control supporters call “assault
weapons” and ammunition magazines that they call “large” are certainly
among the arms that the Second Amendment protects the right to keep and
bear. They are among the arms that are most useful for the entire range
of defensive purposes, and they are “in common use” for defensive
purposes, a standard articulated by the Supreme Court in District of
Columbia v. Heller (2008).1 This is true, regardless of which of gun control supporters’ ever-expanding definitions of “assault weapons” one uses.2
General-purpose rifles, such as the AR-15, are the most
popular rifles in the United States for home protection and defensive
skills-based firearm training and marksmanship competitions,3 and they’re increasingly popular among hunters.4
Ammunition magazines that hold more than 10 rounds are standard
equipment for many handguns and rifles designed for defensive purposes,
and they’re commonly used in defensive skills-based firearm training and
sports.5
More “Assault Weapons” and “Large” Magazines, Less Crime.
Since 1991, when violent crime hit an all-time high, the nation’s total
violent crime rate has decreased 51 percent, to a 43-year low, including
a 54 percent decrease in the murder rate, to possibly an all-time low.6 In this time frame, Americans have bought over 150 million new firearms,7
including millions of so-called “assault weapons,” and so many tens of
millions of “large” magazines that it seems pointless to attempt a
count.8
Different Guns, Same Old Tune. In the 1970s, gun control
supporters predicted that crime would rise unless Congress banned all
handguns.9 In the 1980s, they said the same thing about compact, small-caliber handguns.10 In the 1990s, it was “assault weapons” and “large” magazines.11
Now it’s all semi-automatic shotguns, all detachable-magazine
semi-automatic rifles, comparable handguns and various fixed-magazine
rifles.12 However, without those bans, violent crime has been cut by more than half since 1991.13
Study for Congress and Follow-Up Studies. The
congressionally-mandated study of the federal “assault weapon” and
“large” magazine “ban” concluded that “the banned guns were never used
in more than a modest fraction of all gun murders” before the ban, and
the ban’s 10-round limit on new magazines wasn’t a factor in
multiple-victim or multiple-wound crimes.14 A follow-up study
concluded that “AWs [assault weapons] and LCMs [large capacity
magazines] were used in only a minority of gun crimes prior to the 1994
federal ban,” “relatively few attacks involve more than 10 shots fired,”
and “the ban’s effects on gun violence are likely to be small at best
and perhaps too small for reliable measurement.”15 Another
follow-up study found “gunshot injury incidents involving pistols [many
of which use magazines that hold more than 10 rounds] were less likely
to produce a death than those involving revolvers [which typically hold
five or six rounds]” and “the average number of wounds for pistol
victims was actually lower than that for revolver victims.”16
Background
History of Semi-Automatic Firearms. Semi-automatic firearms were introduced in the 19th
century. The first semi-automatic rifle was introduced in 1885, the
first semi-automatic pistol in 1892, and the first semi-automatic
shotgun in 1902.17 Semi-automatics account for 20-25 percent
of the 320 million privately-owned firearms in the United States today
and the percentage is rising, because semi-automatics account for about
half of the 10-15 million new firearms bought annually.18
How Semi-Automatics Operate. Semi-automatics fire only one
shot when the trigger is pulled—like revolvers, bolt-actions,
lever-actions, pump-actions, double-barrels and all other types of
firearms except fully-automatics (machine guns).19 Thus, semi-automatics cannot “spray fire” and they’re not designed to be fired “from the hip.”20 They aren’t “high-powered,”21 there are no devices that convert them into machine guns legally,22 they aren’t equipped with “grenade launchers” and “rocket launchers,”23 and they certainly aren’t “weapons of mass destruction.”24
Origin of the Issue. The most popular semi-automatic
firearm that gun control supporters call an “assault weapon,” the
general-purpose AR-15 rifle, was introduced in 1963, but gun control
supporters didn’t decide to call semi-automatic firearms “assault
weapons” until 1984.25 Gun control activists began
campaigning against “assault weapons” in the 1980s, after they realized
that their previous campaign to get handguns banned had failed.26 In 1988, handgun ban activist Josh Sugarmann recommended to other gun control groups:
[A]ssault weapons . . . will . . . strengthen the handgun
restriction lobby . . . . [H]andgun restriction consistently remains a
non-issue with the vast majority of legislators, the press, and public. .
. . Assault weapons . . . 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. . . . Efforts to
restrict assault weapons are more likely to succeed than those to
restrict handguns.27
The Bans Begin. Sugarmann also recommended that the BATFE
adopt guidelines to prohibit the importation of “assault weapons.” The
following year, the BATFE banned the importation of 43 models of
“assault-type” semi-automatic rifles that it had previously approved for
importation.28 California banned “assault weapons” in 1989,
and New Jersey banned “assault firearms” in 1990. With the unanimous
support of New Jersey’s squirrel population, that state’s ban included
the Marlin Model 60 .22 caliber squirrel rifle, which an anti-gun New
Jersey politician called a “people-killing machine.” Both states allowed
owners to register and keep banned guns already owned, but only about
10 percent of owners complied with the registration requirement.29 Several other states subsequently banned “assault weapons,” “assault pistols,” and/or “large” magazines.30
Clinton Weighs In. President Bill Clinton campaigned for a
federal “assault weapon” and “large” magazine “ban” proposed by Sen.
Dianne Feinstein (D-Calif.,), saying people “can’t be so fixated on our
desire to preserve the rights of ordinary Americans.”31 Crime
reports and felon surveys showed that “assault weapons” were used in
only 1-2 percent of violent crimes, and in the 10 preceding years
murders committed without guns outnumbered those with “assault weapons”
by about 37-to-1.32 Nevertheless, Feinstein’s “ban” on new
manufacture of “assault weapons” and magazines that hold 11 or more
rounds was imposed from 1994 to 2004.
Democrats Lose the House. In the November 1994 elections,
some of the Democrats who supported the ban were voted out of office and
Republicans took control of Congress. Clinton said, “The fight for the
assault weapons ban cost 20 members their seats in Congress. The NRA is
the reason the Republicans control the House.”33
The “Ban” That Didn’t. Gun control supporters were shocked
to discover that the Clinton/Feinstein “ban” allowed the “banned”
firearms, including over 730,000 AR-15s, to still be made, and allowed
the importation of over 50 million magazines that held more than 10
rounds.34 Six months after the “ban” took effect, CBS 60
Minutes’ ran a story titled “What Assault Weapons Ban?,” in which Leslie
Stahl reported, “Assault weapons are still . . . . sold by the
thousands.” Calling 1994 “the best year for the sales of assault weapons
ever,” Stahl dismissed as “a good applause line” President Clinton’s
claim that the ban reduced the number of “assault weapons.”35 Disgusted,
the radically anti-gun Violence Policy Center described the “badly
flawed ban” as a “joke,” a “charade,” and a “fictional ban,” and said
“you cannot argue with a straight face that the ban has been effective”
at banning guns.36
Pushing for an Expanded Ban. As the scheduled 2004 expiration of the “fictional ban” approached, gun control supporters campaigned to have the ban not only extended, but also expanded, the Brady Campaign calling California’s ban the “model for the nation.”37 In fact, California’s murder rate had increased every year for five years after its 1989 ban, 26 percent overall, while in the rest of the country murder increased 10 percent, and during the first five years after California expanded its ban in 2000, the state’s murder rate increased 10 percent, compared to a five percent decrease in the rest of country.38
Nevertheless, in 2013 Feinstein introduced the biggest proposed gun and magazine ban in American history.39 Whereas her 1994 “ban” merely required firearm manufacturers to omit one or more external attachments from certain semi-automatic firearms during the manufacturing process, her 2013 bill would have banned the manufacture of the same firearms altogether, as well as banned the manufacture of other firearms not addressed in the 1994 legislation. Her 2013 bill would have banned the manufacture of any semi-automatic shotgun or detachable-magazine semi-automatic rifle that had any “characteristic that can function as a grip,” as well as various fixed magazine rifles and self-defense handguns, and prohibit anyone from selling or otherwise transferring a magazine that holds 11 or more rounds. The Law Center to Prevent Gun Violence and Million Mom March have proposed that pump-action firearms be banned as “assault weapons” too.40
Pushing for an Expanded Ban. As the scheduled 2004 expiration of the “fictional ban” approached, gun control supporters campaigned to have the ban not only extended, but also expanded, the Brady Campaign calling California’s ban the “model for the nation.”37 In fact, California’s murder rate had increased every year for five years after its 1989 ban, 26 percent overall, while in the rest of the country murder increased 10 percent, and during the first five years after California expanded its ban in 2000, the state’s murder rate increased 10 percent, compared to a five percent decrease in the rest of country.38
Nevertheless, in 2013 Feinstein introduced the biggest proposed gun and magazine ban in American history.39 Whereas her 1994 “ban” merely required firearm manufacturers to omit one or more external attachments from certain semi-automatic firearms during the manufacturing process, her 2013 bill would have banned the manufacture of the same firearms altogether, as well as banned the manufacture of other firearms not addressed in the 1994 legislation. Her 2013 bill would have banned the manufacture of any semi-automatic shotgun or detachable-magazine semi-automatic rifle that had any “characteristic that can function as a grip,” as well as various fixed magazine rifles and self-defense handguns, and prohibit anyone from selling or otherwise transferring a magazine that holds 11 or more rounds. The Law Center to Prevent Gun Violence and Million Mom March have proposed that pump-action firearms be banned as “assault weapons” too.40
Notes:
1. See the Court’s decision.
The Court said that “the inherent right of self-defense has been
central to the Second Amendment right,” which is “the individual right
to possess and carry weapons in case of confrontation,” with said
weapons including “all instruments that constitute bearable arms.” It
struck down D.C.’s handgun ban, saying the “handgun ban amounts to a
prohibition of an entire class of ‘arms’ that is overwhelmingly chosen
by American society for that lawful purpose” [of self-defense].
Explaining its deference to the firearm preferences of the American
people, the Court cited its decision in U.S. v. Miller (1939, see Second Amendment Law Library or Cornell Univ.),
in which it said that the Second Amendment protects the right to arms
that have a “reasonable relationship to the preservation or efficiency
of a well regulated militia” and, citing the decision of the Tennessee
Supreme Court in Aymette v. State
(1840), arms that are “part of the ordinary military equipment,” and
arms that could be used to “contribute to the common defense.” Further,
the Miller Court said that citizens called into militia service were
expected to appear “bearing arms supplied by themselves and of the kind
in common use at the time.”
2. Gun control supporters have tried to add more types of firearms to their lists of guns they want banned as “assault weapons.” For example, the federal “assault weapon” and “large” magazine “ban” of 1994-2004, authored by Sen. Dianne Feinstein (D-Calif.), defined “assault weapons” to include detachable-magazine semi-automatic rifles having two or more external attachments, and comparable shotguns and handguns. But, in 2013, Feinstein proposed S. 150, which, because of the bill’s definition of “pistol grip,” would have banned firearms regardless of their number of external attachments, as well as certain fixed-magazine semi-automatic rifles. Other gun control supporters have proposed that pump-action shotguns and pump-action rifles should be banned as “assault weapons” too. (Law Center to Prevent Gun Violence, LCAV Model Law to Ban Assault Weapons, 2004, and Donna Dees-Thomases and Carolynne Jarvis, “Why wait to tackle gun violence: Germany’s timely action should serve as example for America,” Detroit Free Press, Aug. 8, 2002.)
3. AR-15s are by far the most commonly used rifle for defensive firearm training conducted by Costa Ludus, CSAT, CTT Solutions, Defense Training Int’l, EAG Tactical, Gunsite, Insights, Vickers Tactical, Viking Tactics, Thunder Ranch, TMACS and many others schools. AR-15s are the dominant rifles in “Three-Gun,” “Two-Gun,” U.S. Carbine Association, and similar competitions centered on defensive firearm skills.
4. While originally designed to use .223 Remington, a small caliber similar to the .222 Remington varmint-hunting cartridge, new AR-15 models have been designed to use other calibers, such as .308 Winchester, 6.5mm Grendel, 6.8 SPC and .300 Blackout. With modern projectiles, all such calibers are suitable for hunting deer and similar game.
5. As examples, standard magazines designed for the ubiquitous Glock 17 9mm pistol hold 17 rounds, and comparable magazines for Beretta and SIG pistols hold between 15-20 rounds, while standard magazines for the AR-15 and comparable rifles hold 20 or 30 rounds.
6. Trend through 2013, the most recent year of data available. See the FBI UCR Data Tool for crime data for years prior to 2013 and FBI Uniform Crime Reports Section, Crime in the United States 2013, Violent Crime Table 4 for 2013. Annual FBI national crime reports prior to those posted on the FBI’s website are on file with NRA-ILA. See also Claude Fischer, A crime puzzle, The Public Intellectual, May 2, 2011.
7. Bureau of Alcohol, Tobacco, Firearms and Explosives, Annual Firearms Manufacturers and Export Reports and Firearm Commerce in the United States 2014. For a projection of the number of new firearms purchased in 2013 and 2014, compare the BATFE to FBI, NICS Firearm Background Checks: Year, by State/Type (second through fifth yellow-header columns).
8. Magazines: According to gun control supporter Sen. Charles Schumer (D-N.Y.), who sponsored the federal “assault weapons” and “large” magazine “ban” when he was in the House of Representatives, 50 million “large” magazines were imported during the 10 years the “ban” was in effect. (Schumer press release, “Schumer Moves to Renew Federal Ban on Assault Weapons,” May 8, 2003.) Magazines that hold more than 10 rounds are standard-equipment, supplied with millions of semi-automatic pistols and rifles manufactured and sold each year.
9. In the 1970s, the Brady Campaign (then the National Council to Control Handguns) predicted: “There are now 40 million handguns owned by private individuals in the United States—about one gun for every American family. At the present rate of proliferation, the number could build to 100 million by the year 2000 (which isn’t as far off as you think). The consequences can be terrible to imagine—unless something is done.” (NCCH pamphlet, “There is now a nationwide, full-time, professional organization to battle the gun lobby!,” no date, circa 1975.) In 1979, renamed Handgun Control, Inc., the group updated its prediction, saying, “Right now over 50 million HANDGUNS flood the houses and streets of our nation. . . . HANDGUN production and sales are out of control. . . . If we continue at this pace, we will have equipped ourselves with more than 100 million HANDGUNS by the turn of the century. One hundred million HANDGUNS. Will we be safer then?” (HCI pamphlet, “By this time tomorrow, 24 Americans will be murdered,” circa 1979 or 1980.)
10. In the early 1980s, the National Coalition to Ban Handguns said “rifles and shotguns serve a sporting purpose. . . . It is the concealable handgun that threatens and intimidates the citizens of this country—not the rifle and not the shotgun.” (NCBH pamphlet, “20 Questions and Answers,” circa 1981.)
11. For example, in 1989, the Brady Campaign (then known as Handgun Control, Inc.) said that “assault weapon” ban legislation introduced in the Senate, “will stop the importation, sale, and domestic manufacture of these killing machines.” (HCI fund-raising mailer, no date, on file with NRA-ILA.) In 1994, after the federal “assault weapon” and “large” magazine “ban” passed the Senate, the Brady Campaign said “We Want a Nationwide Ban on These Weapons of Destruction!,” calling it “an Important Tool in the Fight Against Crime.” (HCI ad urging passage of the House version, H.R. 3527, introduced by then-Rep. Charles Schumer (D-N.Y.), Roll Call, April 18, 1994.) Just before the “ban” expired in 2004, the Brady Campaign said, “The threat is so immediate and deadly that state and local governments should rapidly enact local laws to restrict assault weapons in case Congress and President Bush fail to renew and strengthen the federal law. . . . With the Federal Assault Weapon Ban set to expire on September 13, 2004, the safety and security of our communities is in jeopardy. . . . The imminent expiration of the Federal Assault Weapons Ban poses a serious public safety threat to local communities across America as deadly weapons like the AK47 (sic) could again flood our streets.” (Brady Campaign, “Assault Weapons Threaten Our Safety and Security,” 2004 version.)
12. See note 2, S. 150, and NRA-ILA S. 150 Fact Sheet.
13. Note 6.
14. Jeffrey A. Roth, Christopher S. Koper, “Impact Evaluation of the Public Safety and Recreational Firearms Use Protection Act of 1994, Urban Institute, March 13, 1997.
15. Christopher S. Koper, “An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003,” Report to the National Institute of Justice, June 2004.
16. Reedy and Koper, “Impact of handgun types on gun assault outcomes,” Injury Prevention, Sept. 2003.
17. Rifle, a Mannlicher; pistol, a Schoenberger; shotgun, the Browning Auto-5.
18. See note 7, BATFE.
19. See, for example, the definition of “semiautomatic rifle” under federal law, 18 USC 921(a)(28).
20. Violence Policy Center, Bullet Hoses: Semiautomatic Assault Weapons—What Are They? What’s So Bad About Them, Ten Key Points about What Assault weapons Are and Why They Are So Deadly, point 8.
21. Semi-automatic rifles and shotguns use the same ammunition as many other rifles and shotguns, and semi-automatic handguns use ammunition that is shaped differently at the cartridge case base, as compared to revolver ammunition, but which is comparable in power. For example, the standard .223 Remington cartridge, for which the AR-15 is designed, has a muzzle energy of approximately 1,280 ft.-lbs., as compared to the most popular deer hunting cartridge, .30-’06 Springfield, at approximately 2,800 ft.-lbs.
22. In 2013, Sen. Dianne Feinstein (D-Calif.), promoting her gun ban bill, S. 150 (see note 2), said that she looked at publications in 1993 and 2012, that guns today are “more sophisticated and technologically advanced,” and that “there are even devices which can be put in them legally, which make them fully-automatic.” (C-Span, Senators Feinstein and Blumenthal React to NRA, Dec. 21, 2012, beginning at 8:53.) The claim is false. Federal law prohibits converting a firearm to fire fully-automatically.
23. Feinstein’s S. 150 (see note 2) defined a semi-automatic rifle as an “assault weapon” if it had a “grenade launcher” or a “rocket launcher,” but this was entirely for propaganda purposes, as such devices are restricted under the National Firearms Act and obviously not part of a semi-automatic firearm.
24. Promoting her federal “assault weapon” and “large” magazine “ban” of 1994-2004, Feinstein said “[W]eapons of war have no place on the streets of our communities. . . . [W]e need to classify semiautomatic weapons as those of mass destruction.” (Congressional Record, July 29, 1993.)
25. The Brady Campaign has implied that the “gun industry” invented the term “assault weapon” in 1986. (Brady Campaign, “The Assault Weapons Ban: Frequently Asked Questions,” (eighth question), a version no longer on the group’s website, but on file with NRA-ILA.) However, in 1984, when the group was known as Handgun Control, Inc., it referred to a rifle as an “‘assault’ weapon” in a newspaper ad. (Handgun Control, Inc., “Within the Next 50 Minutes Another One of Us Will Be Murdered By a Handgun,” copy on file with NRA-ILA.)
26. In 1974, two anti-handgun groups were formed, the National Coalition to Ban Handguns, the name of which states the group’s purpose, and the National Council to Control Handguns, the purpose of which was explained by its leader, Nelson Shields, in 1976. Shields said, “The first problem is to slow down the increasing number of handguns being produced and sold in this country. The second problem is to get handguns registered. And the final problem is to make the possession of all handguns and all handgun ammunition—except for the military, policemen, licensed security guards, licensed sporting clubs, and licensed gun collectors—totally illegal.” (Richard Harris, “A Reporter At Large: Handguns,” The New Yorker, July 26, 1976.) See also Molly Ball, How the Gun Control Movement Got Smart, Atlantic, February 7, 2013: Gun control supporters’ “major policy goals were to make handguns illegal and enroll all U.S. gun owners in a federal database.”
27. Violence Policy Center, “Assault Weapons and Accessories in America,” chapter 2 and “Conclusion.”
28. Federal law requires that the Attorney General, by delegation, the BATFE, to approve the importation of firearms that are “particularly suitable for or readily adaptable to sporting purposes,” a constitutionally dubious standard since the Supreme Court’s decision in District of Columbia v. Heller (see note 1) that the Second Amendment protects the right to keep and bear arms for defensive purposes. In 1989, the BATF (as the agency was then known) recognized that “sporting purposes” included target shooting, but took the curious position that “target shooting” meant only “organized marksmanship competition,” such as the NRA’s National Rifle Championships and the Civilian Marksmanship Program’s National Trophy Matches, but not recreational target practice, “plinking” or “combat-type competitions.” Furthermore, BATF ignored the portion of the law requiring approval of the importation of firearms that are readily adaptable to sporting purposes.
29. California’s ban prohibited new sales, but allowed people to keep “assault weapons” already owned, if they registered them within a year-long amnesty. When the amnesty expired, only about two percent of the 300,000 “assault weapons” estimated to be in California had been registered. (Seth Mydans, “California Gun Control Law Runs Into Rebellion,” New York Times, Dec. 24, 1990; Sandy Harrison, “Few guns registered under new law: deadline nears on assault rifles,” Los Angeles Daily News, Dec. 26, 1990; Carl Ingram, “Senate Favors More Time for Assault Guns Firearms,” Los Angeles Times, Feb. 26, 1991.) The amnesty was extended, but few additional registrations ensued. New Jersey’s registration amnesty period was largely ignored as well. (Wayne King, “New Jersey Law to Limit Guns Is Being Ignored,” New York Times, Oct. 26, 1991.)
30. Hawaii, 1992; Connecticut, 1993, expanded in 2013; Maryland, “assault pistols in 1994, expanded to “assault weapons” in 2013; Massachusetts, 1998; New York, 2000, expanded in 2013. Several of these states and Colorado limit magazine capacity.
31. Ann Devroy, “President Rebukes Rifle Association; Group’s Opposition to Virginia, New Jersey Gun Controls Criticized,” Washington Post, March 2, 1993, p. A9.
32. FBI, Supplementary Homicide Reports.
33. “A Conversation with President Bill Clinton, Cleveland Plain Dealer, Jan. 14, 1995.
34. The 1994 “ban” merely prohibited the manufacture of various firearms with their full complement of standard external attachments, such as a pistol-type grip, adjustable-length stock or flash suppressor, while allowing the same firearms to be made if limited to only one of those attachments. The Christian Science Monitor noted, “gun manufacturers only had to make minor changes to weapons in order to comply with the ban.” (Editorial, “What, Assault Rifles Are Back?,” Christian Science Monitor, Sept. 14, 2004.) For the magazines, see note 8.
35. December 5, 1995.
36. Violence Policy Center press release, “Senate-Passed Assault Weapons ‘Ban’ Will Do Little to Keep Assault Weapons Off Our Streets: Violence Policy Center (VPC) Warns: “Political Victory’ Will Not Adequately Protect Police, Public,” March 2, 2004; R. Montgomery, “Clock ticking on assault gun ban: Flaws put extension in doubt,” Kansas City Star, May 2, 2004, p. A1.) VPC’s Tom Diaz wrote, “The 1994 law, however, was deeply flawed. At the outset, the law . . . exempted millions of semiautomatic assault weapons by ‘grandfathering’ all such firearms legally owned as of the date of enactment. . . . Moreover, most of the design characteristics by which new production or imports were to be defined as banned assault weapons were simply a laundry list of superficial cosmetic features that had nothing to do with the weapons’ most deadly functional features. The gun industry quickly and easily evaded the 1994 law by making slight, cosmetic changes to the supposedly banned firearms. . .By the time the 1994 law expired by its sunset provision in 2004, there were actually many more types and models of assault weapons legally on the civilian market than before the law was passed.” (Tom Diaz, The Last Gun, Violence Policy Center and Tom Diaz, The New Press, 2013, p. 163.)
37. Brady Campaign’s “Assault Weapons in America: Military Guns in Civilian Hands” (no date, removed from Brady’s website, but on file with NRA-ILA) and “Assault Weapons: Mass Produced Mayhem,” Oct. 2008, p. 20.
38. Note 6, FBI UCR Data Tool.
39. See note 2 and NRA-ILA S. 150 Fact Sheet.
40. Law Center Against Violence (now Legal Community Against Gun Violence), “Banning Assault Weapons: A Legal Primer for State and Local Action,” April 2004, p. 49. “Million Mom March” founder Donna Dees-Thomases and Carolynne Jarvis propose a pump-action ban in “Why wait to tackle gun violence: Germany’s timely action should serve as example for America,” Detroit Free Press, Aug. 8, 2002.
2. Gun control supporters have tried to add more types of firearms to their lists of guns they want banned as “assault weapons.” For example, the federal “assault weapon” and “large” magazine “ban” of 1994-2004, authored by Sen. Dianne Feinstein (D-Calif.), defined “assault weapons” to include detachable-magazine semi-automatic rifles having two or more external attachments, and comparable shotguns and handguns. But, in 2013, Feinstein proposed S. 150, which, because of the bill’s definition of “pistol grip,” would have banned firearms regardless of their number of external attachments, as well as certain fixed-magazine semi-automatic rifles. Other gun control supporters have proposed that pump-action shotguns and pump-action rifles should be banned as “assault weapons” too. (Law Center to Prevent Gun Violence, LCAV Model Law to Ban Assault Weapons, 2004, and Donna Dees-Thomases and Carolynne Jarvis, “Why wait to tackle gun violence: Germany’s timely action should serve as example for America,” Detroit Free Press, Aug. 8, 2002.)
3. AR-15s are by far the most commonly used rifle for defensive firearm training conducted by Costa Ludus, CSAT, CTT Solutions, Defense Training Int’l, EAG Tactical, Gunsite, Insights, Vickers Tactical, Viking Tactics, Thunder Ranch, TMACS and many others schools. AR-15s are the dominant rifles in “Three-Gun,” “Two-Gun,” U.S. Carbine Association, and similar competitions centered on defensive firearm skills.
4. While originally designed to use .223 Remington, a small caliber similar to the .222 Remington varmint-hunting cartridge, new AR-15 models have been designed to use other calibers, such as .308 Winchester, 6.5mm Grendel, 6.8 SPC and .300 Blackout. With modern projectiles, all such calibers are suitable for hunting deer and similar game.
5. As examples, standard magazines designed for the ubiquitous Glock 17 9mm pistol hold 17 rounds, and comparable magazines for Beretta and SIG pistols hold between 15-20 rounds, while standard magazines for the AR-15 and comparable rifles hold 20 or 30 rounds.
6. Trend through 2013, the most recent year of data available. See the FBI UCR Data Tool for crime data for years prior to 2013 and FBI Uniform Crime Reports Section, Crime in the United States 2013, Violent Crime Table 4 for 2013. Annual FBI national crime reports prior to those posted on the FBI’s website are on file with NRA-ILA. See also Claude Fischer, A crime puzzle, The Public Intellectual, May 2, 2011.
7. Bureau of Alcohol, Tobacco, Firearms and Explosives, Annual Firearms Manufacturers and Export Reports and Firearm Commerce in the United States 2014. For a projection of the number of new firearms purchased in 2013 and 2014, compare the BATFE to FBI, NICS Firearm Background Checks: Year, by State/Type (second through fifth yellow-header columns).
8. Magazines: According to gun control supporter Sen. Charles Schumer (D-N.Y.), who sponsored the federal “assault weapons” and “large” magazine “ban” when he was in the House of Representatives, 50 million “large” magazines were imported during the 10 years the “ban” was in effect. (Schumer press release, “Schumer Moves to Renew Federal Ban on Assault Weapons,” May 8, 2003.) Magazines that hold more than 10 rounds are standard-equipment, supplied with millions of semi-automatic pistols and rifles manufactured and sold each year.
9. In the 1970s, the Brady Campaign (then the National Council to Control Handguns) predicted: “There are now 40 million handguns owned by private individuals in the United States—about one gun for every American family. At the present rate of proliferation, the number could build to 100 million by the year 2000 (which isn’t as far off as you think). The consequences can be terrible to imagine—unless something is done.” (NCCH pamphlet, “There is now a nationwide, full-time, professional organization to battle the gun lobby!,” no date, circa 1975.) In 1979, renamed Handgun Control, Inc., the group updated its prediction, saying, “Right now over 50 million HANDGUNS flood the houses and streets of our nation. . . . HANDGUN production and sales are out of control. . . . If we continue at this pace, we will have equipped ourselves with more than 100 million HANDGUNS by the turn of the century. One hundred million HANDGUNS. Will we be safer then?” (HCI pamphlet, “By this time tomorrow, 24 Americans will be murdered,” circa 1979 or 1980.)
10. In the early 1980s, the National Coalition to Ban Handguns said “rifles and shotguns serve a sporting purpose. . . . It is the concealable handgun that threatens and intimidates the citizens of this country—not the rifle and not the shotgun.” (NCBH pamphlet, “20 Questions and Answers,” circa 1981.)
11. For example, in 1989, the Brady Campaign (then known as Handgun Control, Inc.) said that “assault weapon” ban legislation introduced in the Senate, “will stop the importation, sale, and domestic manufacture of these killing machines.” (HCI fund-raising mailer, no date, on file with NRA-ILA.) In 1994, after the federal “assault weapon” and “large” magazine “ban” passed the Senate, the Brady Campaign said “We Want a Nationwide Ban on These Weapons of Destruction!,” calling it “an Important Tool in the Fight Against Crime.” (HCI ad urging passage of the House version, H.R. 3527, introduced by then-Rep. Charles Schumer (D-N.Y.), Roll Call, April 18, 1994.) Just before the “ban” expired in 2004, the Brady Campaign said, “The threat is so immediate and deadly that state and local governments should rapidly enact local laws to restrict assault weapons in case Congress and President Bush fail to renew and strengthen the federal law. . . . With the Federal Assault Weapon Ban set to expire on September 13, 2004, the safety and security of our communities is in jeopardy. . . . The imminent expiration of the Federal Assault Weapons Ban poses a serious public safety threat to local communities across America as deadly weapons like the AK47 (sic) could again flood our streets.” (Brady Campaign, “Assault Weapons Threaten Our Safety and Security,” 2004 version.)
12. See note 2, S. 150, and NRA-ILA S. 150 Fact Sheet.
13. Note 6.
14. Jeffrey A. Roth, Christopher S. Koper, “Impact Evaluation of the Public Safety and Recreational Firearms Use Protection Act of 1994, Urban Institute, March 13, 1997.
15. Christopher S. Koper, “An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003,” Report to the National Institute of Justice, June 2004.
16. Reedy and Koper, “Impact of handgun types on gun assault outcomes,” Injury Prevention, Sept. 2003.
17. Rifle, a Mannlicher; pistol, a Schoenberger; shotgun, the Browning Auto-5.
18. See note 7, BATFE.
19. See, for example, the definition of “semiautomatic rifle” under federal law, 18 USC 921(a)(28).
20. Violence Policy Center, Bullet Hoses: Semiautomatic Assault Weapons—What Are They? What’s So Bad About Them, Ten Key Points about What Assault weapons Are and Why They Are So Deadly, point 8.
21. Semi-automatic rifles and shotguns use the same ammunition as many other rifles and shotguns, and semi-automatic handguns use ammunition that is shaped differently at the cartridge case base, as compared to revolver ammunition, but which is comparable in power. For example, the standard .223 Remington cartridge, for which the AR-15 is designed, has a muzzle energy of approximately 1,280 ft.-lbs., as compared to the most popular deer hunting cartridge, .30-’06 Springfield, at approximately 2,800 ft.-lbs.
22. In 2013, Sen. Dianne Feinstein (D-Calif.), promoting her gun ban bill, S. 150 (see note 2), said that she looked at publications in 1993 and 2012, that guns today are “more sophisticated and technologically advanced,” and that “there are even devices which can be put in them legally, which make them fully-automatic.” (C-Span, Senators Feinstein and Blumenthal React to NRA, Dec. 21, 2012, beginning at 8:53.) The claim is false. Federal law prohibits converting a firearm to fire fully-automatically.
23. Feinstein’s S. 150 (see note 2) defined a semi-automatic rifle as an “assault weapon” if it had a “grenade launcher” or a “rocket launcher,” but this was entirely for propaganda purposes, as such devices are restricted under the National Firearms Act and obviously not part of a semi-automatic firearm.
24. Promoting her federal “assault weapon” and “large” magazine “ban” of 1994-2004, Feinstein said “[W]eapons of war have no place on the streets of our communities. . . . [W]e need to classify semiautomatic weapons as those of mass destruction.” (Congressional Record, July 29, 1993.)
25. The Brady Campaign has implied that the “gun industry” invented the term “assault weapon” in 1986. (Brady Campaign, “The Assault Weapons Ban: Frequently Asked Questions,” (eighth question), a version no longer on the group’s website, but on file with NRA-ILA.) However, in 1984, when the group was known as Handgun Control, Inc., it referred to a rifle as an “‘assault’ weapon” in a newspaper ad. (Handgun Control, Inc., “Within the Next 50 Minutes Another One of Us Will Be Murdered By a Handgun,” copy on file with NRA-ILA.)
26. In 1974, two anti-handgun groups were formed, the National Coalition to Ban Handguns, the name of which states the group’s purpose, and the National Council to Control Handguns, the purpose of which was explained by its leader, Nelson Shields, in 1976. Shields said, “The first problem is to slow down the increasing number of handguns being produced and sold in this country. The second problem is to get handguns registered. And the final problem is to make the possession of all handguns and all handgun ammunition—except for the military, policemen, licensed security guards, licensed sporting clubs, and licensed gun collectors—totally illegal.” (Richard Harris, “A Reporter At Large: Handguns,” The New Yorker, July 26, 1976.) See also Molly Ball, How the Gun Control Movement Got Smart, Atlantic, February 7, 2013: Gun control supporters’ “major policy goals were to make handguns illegal and enroll all U.S. gun owners in a federal database.”
27. Violence Policy Center, “Assault Weapons and Accessories in America,” chapter 2 and “Conclusion.”
28. Federal law requires that the Attorney General, by delegation, the BATFE, to approve the importation of firearms that are “particularly suitable for or readily adaptable to sporting purposes,” a constitutionally dubious standard since the Supreme Court’s decision in District of Columbia v. Heller (see note 1) that the Second Amendment protects the right to keep and bear arms for defensive purposes. In 1989, the BATF (as the agency was then known) recognized that “sporting purposes” included target shooting, but took the curious position that “target shooting” meant only “organized marksmanship competition,” such as the NRA’s National Rifle Championships and the Civilian Marksmanship Program’s National Trophy Matches, but not recreational target practice, “plinking” or “combat-type competitions.” Furthermore, BATF ignored the portion of the law requiring approval of the importation of firearms that are readily adaptable to sporting purposes.
29. California’s ban prohibited new sales, but allowed people to keep “assault weapons” already owned, if they registered them within a year-long amnesty. When the amnesty expired, only about two percent of the 300,000 “assault weapons” estimated to be in California had been registered. (Seth Mydans, “California Gun Control Law Runs Into Rebellion,” New York Times, Dec. 24, 1990; Sandy Harrison, “Few guns registered under new law: deadline nears on assault rifles,” Los Angeles Daily News, Dec. 26, 1990; Carl Ingram, “Senate Favors More Time for Assault Guns Firearms,” Los Angeles Times, Feb. 26, 1991.) The amnesty was extended, but few additional registrations ensued. New Jersey’s registration amnesty period was largely ignored as well. (Wayne King, “New Jersey Law to Limit Guns Is Being Ignored,” New York Times, Oct. 26, 1991.)
30. Hawaii, 1992; Connecticut, 1993, expanded in 2013; Maryland, “assault pistols in 1994, expanded to “assault weapons” in 2013; Massachusetts, 1998; New York, 2000, expanded in 2013. Several of these states and Colorado limit magazine capacity.
31. Ann Devroy, “President Rebukes Rifle Association; Group’s Opposition to Virginia, New Jersey Gun Controls Criticized,” Washington Post, March 2, 1993, p. A9.
32. FBI, Supplementary Homicide Reports.
33. “A Conversation with President Bill Clinton, Cleveland Plain Dealer, Jan. 14, 1995.
34. The 1994 “ban” merely prohibited the manufacture of various firearms with their full complement of standard external attachments, such as a pistol-type grip, adjustable-length stock or flash suppressor, while allowing the same firearms to be made if limited to only one of those attachments. The Christian Science Monitor noted, “gun manufacturers only had to make minor changes to weapons in order to comply with the ban.” (Editorial, “What, Assault Rifles Are Back?,” Christian Science Monitor, Sept. 14, 2004.) For the magazines, see note 8.
35. December 5, 1995.
36. Violence Policy Center press release, “Senate-Passed Assault Weapons ‘Ban’ Will Do Little to Keep Assault Weapons Off Our Streets: Violence Policy Center (VPC) Warns: “Political Victory’ Will Not Adequately Protect Police, Public,” March 2, 2004; R. Montgomery, “Clock ticking on assault gun ban: Flaws put extension in doubt,” Kansas City Star, May 2, 2004, p. A1.) VPC’s Tom Diaz wrote, “The 1994 law, however, was deeply flawed. At the outset, the law . . . exempted millions of semiautomatic assault weapons by ‘grandfathering’ all such firearms legally owned as of the date of enactment. . . . Moreover, most of the design characteristics by which new production or imports were to be defined as banned assault weapons were simply a laundry list of superficial cosmetic features that had nothing to do with the weapons’ most deadly functional features. The gun industry quickly and easily evaded the 1994 law by making slight, cosmetic changes to the supposedly banned firearms. . .By the time the 1994 law expired by its sunset provision in 2004, there were actually many more types and models of assault weapons legally on the civilian market than before the law was passed.” (Tom Diaz, The Last Gun, Violence Policy Center and Tom Diaz, The New Press, 2013, p. 163.)
37. Brady Campaign’s “Assault Weapons in America: Military Guns in Civilian Hands” (no date, removed from Brady’s website, but on file with NRA-ILA) and “Assault Weapons: Mass Produced Mayhem,” Oct. 2008, p. 20.
38. Note 6, FBI UCR Data Tool.
39. See note 2 and NRA-ILA S. 150 Fact Sheet.
40. Law Center Against Violence (now Legal Community Against Gun Violence), “Banning Assault Weapons: A Legal Primer for State and Local Action,” April 2004, p. 49. “Million Mom March” founder Donna Dees-Thomases and Carolynne Jarvis propose a pump-action ban in “Why wait to tackle gun violence: Germany’s timely action should serve as example for America,” Detroit Free Press, Aug. 8, 2002.
