Assault Weapons  Ban Confusion
I have ran accross several people lately that are confused about Assault Weapons.  You know those ugly black, evil guns, with no sporting purpose whatsoever.  The kind of guns that scare the heck out of the Brady bunch, but the rest of us use for hunting, sport and other forms of firearms related activities.
Heller Kitty Rifle
Heller Kitty Rifle

 

I decided to investigate this confusion and came to the found the following:

The EXPIRED (1994-Sept 2004 enforcement period) assault weapons ban (officially know as, Federal Violent Crime Control and Law Enforcement Act of 1994) had the following restrictions:

The Federal Violent Crime Control and Law Enforcement Act of 1994 specifically prohibited manufacture and sale of:

  • Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models)
  • Action Arms Israeli Military Industries UZI and Galil
  • Beretta Ar70 (SC-70)
  • Colt AR-15
  • Fabrique National FN/FAL, FN/LAR, and FNC
  • SWD M-10, M-11, M-11/9, and M-12
  • Steyr AUG
  • INTRATEC TEC-9, TEC-DC9 and TEC-22
  • revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12

In addition, the bill banned any semi-automatic rifle that can accept a detachable magazine and that also has at least two of the following characteristics:

  • a folding or telescoping stock
  • a pistol grip that protrudes conspicuously beneath the action of the weapon
  • a bayonet mount
  • a flash suppressor or threaded barrel designed to accommodate a flash suppressor
  • a grenade launcher;

The bill banned any semi-automatic pistol that can accept a detachable magazine that also has at least two of the following characteristics:

  • 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 handgrip, 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
  • nontrigger hand without being burned
  • a manufactured weight of 50 ounces or more when the pistol is unloaded;
  • a semiautomatic version of an automatic firearm
  • Finally, the bill banned any semi-automatic shotgun has at least two of the following characteristics:
  • a folding or telescoping stock
  • a pistol grip that protrudes conspicuously beneath the action of the weapon
  • a fixed magazine capacity in excess of 5 rounds
  • an ability to accept a detachable magazine

It should be noted although the Federal ban expired in September 2004, Certain states have maintained restrictions on “assault” type weapons.

Info from NRA (Pre-Heller):

“Assault weapons” are prohibited in Connecticut, New Jersey and New York. Some local jurisdictions in Ohio also ban “assault weapons.” Hawaii prohibits “assault pistols.” California bans “assault weapons”, .50BMG caliber firearms, some .50 caliber ammunition and “unsafe handguns.” Illinois: Chicago, Evanston, Oak Park, Morton Grove, Winnetka, Wilmette, and Highland Park prohibit handguns; some cities prohibit other kinds of firearms. Maryland prohibits “assault pistols”; the sale or manufacture of any handgun manufactured after Jan. 1, 1985, that does not appear on the Handgun Roster; and the sale of any handgun manufactured after January 1, 2003 that is not equipped with an “integrated mechanical safety device.” Massachusetts: It is unlawful to sell, transfer or possess “any assault weapon or large capacity feeding device” [more than 10 rounds] that was not legally possessed on September 13, 1994 and the sale of handguns not on the Firearms Roster. The City of Boston has a separate “assault weapons” law. The District of Columbia prohibits new acquisition of handguns and any semi-automatic firearm capable of using a detachable ammunition magazine of more than 12 rounds capacity and any handgun not registered after February 5, 1977. Virginia prohibits “Street Sweeper” shotguns. (With respect to some of these laws and ordinances, individuals may retain prohibited firearms owned previously, with certain restrictions.) The sunset of the federal assault weapons ban does not affect the validity of state and local “assault weapons” bans.

The states and cities that maintained parts of the ban have caused this ban to live on. Thus the root of the pre-ban / post-ban confusion.   Luckily this ban is only in certain geographic areas which have been anti-gun for some time.  Perhaps with some more time and decisions out of the Supreme Court, we can get back to normal.

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