Today, at midnight, the poorly-written "Assault Weapons Ban"
expires. Of course Chuck Schumer and Dianne Feinstein are hysterical
with tales of impending doom and terrorism. CNN is running a
horribly
lopsided article direct from the Associated Press, and everyone is
talking about how 2/3rds of the population is in support of extending
the ban, and yet the Republican leadership is letting it die.
The thing is, most people don't have a clue what the assault
weapons ban is, what it does, or what effect it has. And you can thank
anti-gun politicians and the mainstream news for that. How can people
really support something they don't entirely understand?
Here's what the ban was:
- A ban on semiautomatic rifles that can accept detachable magazines
of a capacity of more than 5 and has two or more of the following
features:
- 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
- A ban on semiautomatic pistols that can accept detachable
magazines and has two or more of the following features:
- an ammunition magazine that attaches to the pistol outside of the
pistol grip
- a threaded barrel
- a barrel shroud
- unloaded weight of 50 oz
- the pistol is a semiautomatic version of an automatic firearm
- A ban on semiautomatic shotguns with capacity over 5 and have two
or more of the following features:
- a folding or telescoping stock
- conspicuously protruding pistol grip
- fixed magazine capacity of more than 5 rounds
- detachable magazine
- A ban on any of a number of named models of guns as well as clones
of those guns: AK rifles of various makers (all models); the UZI and
Galil; Beretta Ar70 (SC-70); Colt AR-15; 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; and revolving cylinder shotguns, such as (or similar to) the
Street Sweeper and Striker 12
- A ban on magazines or other feeding devices with a capacity of more
than 10 rounds
- None of the above bans apply to items owned legally before the
ban was enacted
- None of the above bans apply to a list of excluded rifles
contained in an appendix (which includes 37 semi-auto rifles and 49
semi-auto shotguns)
Clearly, even a cursory analysis reveals the following:
- This "ban" only applies to newly manufactured guns and magazines.
Which means that plenty of these "bad guns" were still in civilian hands
and they were free to buy and sell them as they pleased.
- The ban specifically referenced named guns and external features.
So a rifle with a pistol grip and a bayonet mount is illegal, but
without the bayonet mount it's perfectly legal to manufacture and sell.
This is not a loophole, it's the foundation of the ban. You can't
ban sports cars with spoilers and then complain that the same cars are
being sold without spoilers. That makes you a moron. So there
were still plenty of legal semiautomatic rifles, shotguns, and pistols
that are functional in an identical fashion to the ones that are banned.
They fire the same bullets at the same rate and accept the same type of
magazines.
- Almost all (if not all) of the 86 guns in the "excluded" list of semi-auto firearms
don't even qualify as assault weapons as they don't have two or more of
the listed features. The overwhelming majority (576) of the 662 guns
"excluded" from the semiautomatic assault weapons ban aren't even
semiautomatic and weren't even remotely in danger of being banned! I
imagine the only reason they were listed was to make the ban feel more
palatable.
- A functional grenade launcher is considered a destructive device
and is much more heavily regulated than anything in this ban. Its
inclusion in this bill is quite bizarre. If there are guys running
around with grenade launchers, I'd be a lot more worried about the damn
grenade launchers than a semiautomatic rifle that also happens to have a
pistol grip or folding stock!
- This ban has nothing to do with automatic weapons. I mean, it's
right there in the text: "semiautomatic assault weapon". Now, the
section of the ban that lists rifles by name: Nearly all of those guns
are available in both full-auto and semi-auto versions. The full-auto
versions are covered by the National Firearms Act of 1934 and require
special permits. Even if you assume this ban to cover both the
full-auto and semi-auto version of these guns, the new manufacture of
machine guns that are transferable to individuals has been prohibited
since May 19, 1986. This means that all transferable machine guns that
are available for sale to the general public must have been manufactured
and registered prior to May 19, 1986. In effect, even if the assault
weapons ban applied to full-auto versions of those guns, all legal
full-auto versions of the guns listed by name have been grandfathered
because they were owned before the assault weapons ban went into effect!
But the supporters of the ban and the media (or is that redundant?) like
to take advantage of the public confusion, and so they repeatedly talk
about Uzis and AK-47s going back onto the street, knowing
full-well that the average citizen thinks of these weapons as fully
automatic military weapons. This ban has absolutely no effect on the
legal civilian ownership of automatic weapons.
The "semiautomatic assault weapons ban" is dead as of midnight
tonight. And it deserves to die. This is a worthless piece of
legislation. It has had zero effect on crime because it didn't really
do
anything except make some specific
types of guns harder
to come by (and thus, more expensive). This really only affected
law-abiding gun owners, shooters, and collectors. Criminals could still
get semiautomatic firearms that were still legal or grandfathered. In
effect, the irony is that there would be more justification for this ban
if it was
harsher. As is, it's a pointless waste of time. Don't
shed any tears for it.
(Updated Monday, September 13, 2004 12:48 PM)