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Ding dong, the witch is dead
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)
Permalink   Filed under: Politics, Rant, Guns, Law
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