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assault weapon
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{{Short description|Terminology used in United States firearm legislation}}{{About|firearms restricted by some United States laws|rifles capable of selective fire|Assault rifle|other uses|Assault weapon (disambiguation)}}{{Pp-semi-indef}}{{Use mdy dates|date=January 2016}}File:AR-15 Sporter SP1 Carbine.JPG|thumb|upright=1.35|The Colt AR-15 carbine is a semi-automatic rifle chambered for fixed centerfire ammunition that fires one round each time the trigger is pulled. The weapon features a pistol grip, a flash suppressor, and an adjustable stock ]]{{USgunlegalbox}}In the United States, assault weapon is a controversial term applied to different kinds of firearms. There is no clear, consistent definition. It can include semi-automatic firearms with a detachable magazine, a pistol grip, and sometimes other features, such as a vertical forward grip, flash suppressor, or barrel shroud. Certain firearms are specified by name in some laws that restrict assault weapons. When the now-defunct Federal Assault Weapons Ban was passed in 1994, the U.S. Department of Justice said, "In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use." The commonly used definitions of assault weapons are under frequent debate, and have changed over time.The origin of the term has been attributed to legislators, the firearms industry, gun control groups, and the media. It is sometimes used interchangeably with the term assault rifle,BOOK, Poole, Helen, Firearms: Global Perspectives on Consequences, Crime and Control, Routledge, 2021, 21, which refers to selective fire rifles that use intermediate cartridges. This use has been described as incorrect and a misapplication of the term.WEB, Debbie, Lord, May 26, 2022,weblink Assault Weapon vs. Assault Rifle: What Is the Difference?, WOKV-FM, June 3, 2022, September 28, 2022,weblink live, After the December 2012 Sandy Hook Elementary School shooting, many news organizations ran stories about assault weapons, explaining their varying definitions and presenting varying opinions about whether they should be banned again at the federal level.NEWS, Even Defining 'Assault Rifles' Is Complicated, Goode, Erica,weblink The New York Times, January 16, 2013, January 18, 2013, NEWS, Blake, Aaron, January 17, 2013, Is It Fair to Call Them 'Assault Weapons'?,weblink The Washington Post, January 19, 2013, NEWS, Lallanilla, Marc, January 17, 2013, What Is an Assault Weapon?,weblink Fox News Channel, January 19, 2013, - the content below is remote from Wikipedia
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Definitions and usage
Drawing from federal and state law definitions, the term assault weapon refers primarily to semi-automatic rifles, pistols, and shotguns that are able to accept detachable magazines and possess one or more other features.NEWS, Babay, Emily, December 22, 2012, Confusion abounds: Just what is an 'assault weapon'?,weblink Philadelphia Media Network, December 28, 2012, WEB, April 2004, Banning Assault Weapons: A Legal Primer for State and Local Action,weblink Law Center to Prevent Gun Violence, Legal Community Against Violence, December 27, 2012, Assault weapons are semiautomatic firearms designed with military features to allow rapid and accurate spray firing., Some jurisdictions define revolving-cylinder shotguns as assault weapons.WEB, 2000, Senate Bill 23 Assault Weapon Characteristics,weblink oag.ca.gov, California DOJ, January 23, 2015, WEB,weblink Assault weapon, 11 September 2018, Connecticut Law About Firearms, Connecticut General Statutes, 11 September 2018, Legislative definitions do not include fully automatic weapons, which are regulated separately as Title II weapons under federal law.{{refn|group=n|Title II weapons are heavily regulated by the National Firearms Act (NFA) of June 26, 1934, passed in response to infamous Prohibition era use of Thompson submachine guns and M1918 Browning Automatic Rifles.BOOK, Ballou, James L., 2000, Rock in a Hard Place: The Browning Automatic Rifle, Collector Grade Publications Inc., 978-0-88935-263-6, 77â79, }} A key defining law was the now-defunct Federal Assault Weapons Ban of 1994.WEB, 103rd Congress, 1994, Public Safety and Recreational Firearms Use Protection Act, H.R.3355,weblink Government Printing Office, Washington, D.C., 201â15, January 27, 2013, At that time, the United States Department of Justice said, "In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use."NEWS, Levs, Josh, January 31, 2013, Loaded language poisons gun debate,weblink CNN, January 31, 2013, Common attributes used in legislative definitions of assault weapons include:- Semi-automatic firearm capable of accepting a detachable magazine;
- Folding or telescoping (collapsible) stock, which reduces the overall length of the firearm;JOURNAL, Adams, Bob, November 12, 2004, Gun Control Debate,weblink CQ Researcher, 14, 40, 949â72, December 3, 2013,
- A pistol grip that protrudes beneath the action of the weapon;
- Bayonet lug, which allows the mounting of a bayonet;
- Threaded barrel, which can accept muzzle devices such as a flash hider, suppressor, compensator or muzzle brake;
- Grenade launcher;
- Barrel shroud.
History of terminology
The origin of the term is not clearly known and is the subject of much debate. In the past, the names of certain military weapons used the phrase, such as the Rifleman's Assault Weapon, a grenade launcher developed in 1977 for use with the M16 assault rifle,Jane's Infantry Weapons 1995â96, p. 219. or the Shoulder-launched Multipurpose Assault Weapon, a rocket launcher introduced in 1984.WEB, Marine Corps Fact File: Shoulder-Launched Multipurpose Assault Weapon (SMAW),weblink About.com, May 8, 2014, July 22, 2016,weblink" title="web.archive.org/web/20160722130950weblink">weblink dead, One of the earliest uses of the term, or a similar term, in its current meaning was as part of an advertisement in The Hutchinson News (Kansas) in 1978 for the Valmets-7.62Ã39, the Colt AR-15, and the Wilkinson Terry carbine.OED, Assault weapon, Another was in a bill introduced by Art Agnos in the California State Assembly in April 1985 to ban semi-automatic "assault firearms" capable of using detachable magazines of 20 rounds or more.NEWS, Ingram, Carl, April 9, 1985, Restricting of Assault-Type Guns Okd by Assembly Unit,weblink Los Angeles Times,weblink" title="web.archive.org/web/20131201034612weblink">weblink December 1, 2013, live, MAGAZINE, Kavey, Fred, November 1, 1985, California: gun control's primary target, Guns & Ammo Magazine, Speaking to the Assembly Public Safety Committee, Agnos said, "The only use for assault weapons is to shoot people." The measure did not pass when it came up for a vote.In 2013, The Washington Post, looking into the history of the term, wrote of the term: "Many attribute its popularization to a 1988 paper written by gun-control activist and Violence Policy Center founder Josh Sugarmann and the later reaction to the Cleveland School massacre in Stockton, California, in January 1989." Sugarmann had written:}}Other researchers have found evidence to suggest that the firearms industry itself may have introduced the term "assault weapon" to build interest in new product lines.NEWS, Richman, Josh, January 18, 2013, Assault Weapons: What Are They, and Should They Be Banned?,weblink San Jose Mercury News, January 19, 2013, In fact, the term was introduced by the gun industry itself to boost interest in new lines of firearms., Phillip Peterson, the author of Gun Digest Buyerâs Guide to Assault Weapons (2008) wrote:{{dead link|date=October 2020}}}}Meanwhile, many gun rights activists have put forward that the term was popularized by the media or gun control activists. Conservative writer Rich Lowry said that assault weapon is a "manufactured term".BOOK, Lowry, Richard, 2003, Legacy: Paying the Price for the Clinton Years,weblink registration, Regnery Publishing, 96, 978-0-89526-049-9, Joseph P. Tartaro of the Second Amendment Foundation (SAF) wrote in 1994: "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."WEB, Tartaro, Joseph P., 1995, The Great Assault Weapon Hoax,weblink University of Dayton Law Review, 20, 2: Symposium, Violent Crime Control and Law Enforcement Act of 1994, 1995, 557, January 3, 2013, dead,weblink" title="web.archive.org/web/20130102110222weblink">weblink January 2, 2013, mdy, Robert Crook, executive director of the Coalition of Connecticut Sportsmen, said "the term 'assault weapon,' as used by the media, is a media invention."NEWS, Kauffman, Matthew, December 18, 2012, In State with 'Assault Weapons' Ban, Lanza's Rifle Still Legal,weblink Hartford Courant, Hartford, Connecticut, January 2, 2013, The term 'assault weapon,' as used by the media, is a media invention. These are semi-automatic firearms that have military cosmetic characteristics. They look like our military firearms, but they're not., NEWS, Blake, Aaron, Is it fair to call them 'assault weapons'?,weblink The Washington Post, 1 November 2022, WEB, Daniels, Jeff, Definition of what's actually an 'assault weapon' is a highly contentious issue,weblink February 22, 2018, CNBC, 1 November 2022, Gun control supporters use the term while gun rights supporters generally do not use the term.{{cn|date=November 2022}}Differing state law definitions
Seven states have assault weapon bans with different definitions and characteristics.NEWS, Nahmias, Laura, December 22, 2012, Cuomo for Gun Laws,weblink The Wall Street Journal, December 26, 2012, New York is one of only seven states that have assault-weapons bans in place, according to the Brady Campaign to End Gun Violence.,- California defines assault weapons by name, by "series" (AK-47 or AR-15), and by characteristic.WEB,weblink Frequently Asked Questions: What is considered an assault weapon under California law?, 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 Control Act of 1989, 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)., 2011-12-16, A shotgun with a revolving cylinder is also defined as an assault weapon.
- Connecticut defines assault weapons as selective-fire firearms (including assault rifles capable of fully automatic or burst fire); semi-automatic firearms specified by name; and semi-automatic firearms with specific characteristics.
- Hawaii defines and bans assault pistols.JOURNAL, Mantel, Barbara, March 8, 2013, Gun Control,weblink CQ Researcher, 23, 10, 233â256,
- Maryland defines and bans assault pistols. It regulates 45 other assault weapons listed by make or model including copies, regardless of manufacturer.BOOK,weblink State Laws and Published Ordinances â Firearms, 31st, January 2011, Maryland â MD Code,weblink ATF.gov, 219â220, December 10, 2013,weblink" title="web.archive.org/web/20131213200525weblink">weblink December 13, 2013, dead,
- Massachusetts defines assault weapons as semi-automatic firearms with the same definition provisions from the expired federal ban of 1994.WEB,weblink General Laws: Title XX, Chapter 140, Section 121, Massachusetts Laws, The 188th General Court of the Commonwealth of Massachusetts, January 3, 2013,
- New York had an assault weapons ban prior to 2013, but on January 16 of that year it passed the SAFE Act, which created a stricter definition of assault weapons and banned them immediately.WEB,weblink N.Y. ADC. LAW § 10-301 : NY Code â Section 10-301: Control and regulation of the disposition, purchase and possession of firearms, rifles, shotguns and assault weapons, December 28, 2012, PRESS RELEASE, Cuomo, Andrew M., January 16, 2013, Governor Cuomo Signs NY Safe Act in Rochester,weblink Rochester, New York, Governor's Press Office, January 16, 2013, NEWS, Berger, Judson, January 18, 2013, NY Guv Looks to Clarify Gun Law After Concern About Exemption for Police,weblink Fox News Channel, January 18, 2013, The NY SAFE Act defines assault weapons as semi-automatic pistols and rifles with detachable magazines and one military-style feature, and semi-automatic shotguns with one military-style feature.
Distinction from assault rifles
The term "assault rifle" is frequently used interchangeably with the term "assault weapon" but this use has been described as incorrect and a misapplication of the term. The AP Stylebook suggests that newsrooms avoid the terms "assault weapon" and "assault rifle" instead using the term "semi-automatic rifle".WEB, What's new in the AP Stylebook, 55th Edition?,weblink 2021-12-04, APStylebook.com, en, Part of the definition of "assault rifle", according to the Encyclopædia Britannica, is that it is selective-fire, which means that it is capable of both semiautomatic and fully automatic fire.WEB, assault rifle {{!, Definition, Examples, Facts, & History {{!}} Britannica |url=https://www.britannica.com/technology/assault-rifle |access-date=2022-05-28 |website=www.britannica.com |language=en}} Civilian ownership of machine guns, including selective-fire rifles, has been tightly regulated since 1934 under the National Firearms Act and since 1986 under the Firearm Owners Protection Act.Cosmetic features
Gun control advocates and gun rights advocates have referred to at least some of the features outlined in assault weapons bans as "cosmetic". The NRA Institute for Legislative Action and the Violence Policy Center both used the term in 2004 when the federal ban expired.WEB, September 13, 2004, Finally, the End of a Sad EraâClinton Gun Ban Stricken from Books!,weblink National Rifle Association, Institute for Legislative Action, Fairfax, Virginia, Law-abiding citizens, however, will once again be free to purchase semi-automatic firearms, regardless of their cosmetic features, for target shooting, shooting competitions, hunting, collecting, and most importantly, self-defense., PRESS RELEASE, September 13, 2004, Violence Policy Center Issues Statement on Expiration of Federal Assault Weapons Ban,weblink Violence Policy Center, Washington, D.C., Soon after its passage in 1994, the gun industry made a mockery of the federal assault weapons ban, manufacturing 'post-ban' assault weapons with only slight, cosmetic differences from their banned counterparts., dead,weblink" title="web.archive.org/web/20131010231937weblink">weblink October 10, 2013, In May 2012, the Law Center to Prevent Gun Violence said, "the inclusion in the list of features that were purely cosmetic in nature created a loophole that allowed manufacturers to successfully circumvent the law by making minor modifications to the weapons they already produced."WEB, May 21, 2012, Assault Weapons Policy Summary,weblink Law Center to Prevent Gun Violence, San Francisco, California, Some reporters used the term in stories after the 2012 shootings in Aurora, Colorado, and Newtown, Connecticut.WEB,weblink Don't mourn the assault weapons ban's impending demise, Salon, Alex, Seitz-Wald, February 6, 2013, [The National Rifle Association] says the ban created an artificial distinction between 'assault weapons' and other semi-automatic weapons, based almost entirely on cosmetic features. This is largely true., More cosmetic sources:- NEWS,weblink Just Say No to Dumb Gun Laws, The Daily Beast, Megan, McArdle, November 12, 2012, ... 'assault weapon' is a largely cosmetic rather than functional description.,
- WEB,weblink Guns, Mental Illness and Newtown, The Wall Street Journal, David, Kopel, December 17, 2012, 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.,
- NEWS,weblink The problem with 'assault weapons', The Hill, Jordy, Yager, January 16, 2013, Gun companies quickly realized they could stay within the law and continue to make rifles with high-capacity magazine clips if they steered away from the cosmetic features mentioned in the law.,
- WEB,weblink What's an Assault Weapon?, Reason, Jacob, Sullum, January 30, 2013, The distinguishing characteristics of 'assault weapons' are mainly cosmetic and have little or no functional significance in the context of mass shootings or ordinary gun crimes.,
Political and legislative issues
(File:US assault weapons bans.svg|thumb|U.S. states and territories that have enacted assault weapons bans{{legend|#f00|Long guns and handguns}}{{legend|#00f|Handguns only}})As of 2021, there are an estimated 16â44 million rifles from just the AR-15 family of rifles in civilian use in the United States.WEB, Sullum, Jacob, 2022-09-09, The largest-ever survey of American gun owners finds that defensive use of firearms is common,weblink 2023-05-18, Reason.com, en-US, NEWS, Frankel, Todd C., Boburg, Shawn, Dawsey, Josh, Parker, Ashley, Horton, Alex, How the AR-15 became a powerful political, cultural symbol in America,weblink 2023-05-18, Washington Post, en,Defunct U.S. Federal Assault Weapons Ban
The Public Safety and Recreational Firearms Use Protection Act of 1994, more commonly known as the Federal Assault Weapons Ban, expired in 2004. It banned the manufacture or importation of certain semi-automatic firearms that it defined as "semiautomatic assault weapons", commonly known as assault weapons. Any firearms so defined that were already possessed at the time the law took effect were grandfathered in, and could be legally owned or transferred. Another aspect of the law banned the manufacture or importation of magazines that could hold more than ten rounds of ammunition, with existing magazines grandfathered in as legal.The Federal Assault Weapons Ban of 1994 defined certain firearms as assault weapons based on the features they possessed. This included semi-automatic rifles with a detachable magazine and at least two of these features: a pistol grip, a folding or telescoping stock, a flash suppressor or threaded barrel, a bayonet mount, or a muzzle-mounted grenade launcher. It included semi-automatic pistols with a detachable magazine and at least two of these features: a magazine that attaches outside the pistol grip, a threaded barrel, a barrel shroud, or an unloaded weight of 50 ounces or more. Additionally defined as assault weapons were semi-automatic shotguns with a rotating cylinder, or with at least two of these features: a pistol grip, a folding or telescoping stock, a detachable magazine, or a fixed magazine that can hold more than five rounds.NEWS, Koerner, Brendan, September 16, 2004, What Is an Assault Weapon? At last, you can get a semiautomatic rifle with a bayonet,weblink Slate, January 26, 2013, The ban also prohibited 19 specifically named models of firearms, as well as copies of those guns. These included the AK-47, Uzi, Galil, AR-15, FN FAL, MAC-10, Steyr AUG, TEC-9, and Armsel Striker.File:Ruger 10-22 (2).JPG|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.File:kg99.jpg|An Intratec TEC-DC9 with a 32-round magazine. This semi-automatic pistol has a threaded barrel and a magazine that attaches outside the pistol grip, two of the features listed in the Federal Assault Weapons Ban.Assault Weapons Ban of 2013 bill
On December 16, 2012, two days after the Sandy Hook Elementary School shooting, Senator Dianne Feinstein said she would introduce a new assault weapons ban on the first day of Congress.NEWS, Jamieson, Dave, Dianne Feinstein To Introduce Assault Weapons Ban On First Day Of Congress,weblink The Huffington Post, December 16, 2012, December 6, 2013, Five days later, on December 21, Wayne LaPierre, chief executive of the National Rifle Association, held a news conference repeating the NRA's opposition to additional gun laws.NEWS, Gold, Matea, December 21, 2012, A defiant NRA calls for armed guards in every school,weblink Los Angeles Times, December 4, 2013, WEB, Just 27 Percent of Americans Say the 1994 Federal Assault Weapons Ban Would Have Helped Avoid the Sandy Hook Shooting, Emily, Ekins, Reason, January 30, 2013,weblink Feinstein and Senator Richard Blumenthal held a separate news conference in response.AV MEDIA, Feinstein, Dianne and Richard Blumenthal, December 21, 2012, Senators Feinstein and Blumenthal React to NRA,weblink Washington, D.C., C-SPAN, December 4, 2013, There, Feinstein said that it seemed to her "prudent" to register grandfathered assault weapons under the National Firearms Act (NFA).AV MEDIA, Feinstein, Dianne and Richard Blumenthal, December 21, 2012, Senators Feinstein and Blumenthal React to NRA,weblink 12:16, Washington, D.C., C-SPAN, December 4, 2013, A two-page bill summary on the senator's web site also mentioned registering grandfathered assault weapons under the NFA,WEB, Summary of 2013 Feinstein Assault Weapons Legislation,weblink PDF, December 26, 2012, December 5, 2013, but the text of the bill introduced to the Senate did not include that provision.On January 24, 2013, Feinstein introduced S. 150, the "Assault Weapons Ban of 2013".{{USBill|113|S.|150}} The bill was similar to the 1994 ban, but differed in that it used a one-feature test for a firearm to qualify as an assault weapon rather than the two-feature test of the 1994 ban. On April 17, 2013, it failed on a Senate vote of 60 to 40.NEWS, Simon, Richard, April 17, 2013, Senate votes down Feinstein's assault weapons ban,weblink Los Angeles Times, November 26, 2013,See also
- Gun culture in the United States
- Gun politics in the United States
- Military-style semi-automatic, New Zealand legal classification
Explanatory notes
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