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The Useful Illogic of 'Assault Weapon' Bans
Townhall.com ^ | June 22, 2016 | Jacob Sullum

Posted on 06/22/2016 12:39:18 PM PDT by Kaslin

After Omar Mateen used a Sig Sauer MCX rifle in an attack on an Orlando nightclub that left 49 people dead, USA Today urged Congress to "ban assault weapons now." The paper's editorial board said such firearms must be prohibited because they are "accurate and quick, firing with just the twitch of a finger."

Like most people who want to ban "assault weapons," including Barack Obama and Hillary Clinton, USA Today's editorialists do not know what they are. They assume the category is defined by features that make guns especially lethal in the hands of mass murderers. It isn't.

On Monday, the Supreme Court declined to hear two cases challenging "assault weapon" bans enacted by New York and Connecticut after the 2012 massacre at Sandy Hook Elementary School. Both laws ban semiautomatic rifles that accept detachable magazines if they have one or more "military-style" features.

New York's list of prohibited features includes folding or telescoping stocks, thumbhole stocks, pistol grips, second handgrips or protruding grips that can be held by the nontrigger hand, bayonet mounts, threaded barrels, flash suppressors, muzzle brakes, and grenade launchers. Connecticut's list is similar, but it excludes bayonet mounts, muzzle brakes, and threaded barrels.

An expanded version of the federal "assault weapon" ban that expired in 2004, sponsored by Sen. Dianne Feinstein (D-Calif.), takes the same approach. Its list of forbidden rifle features includes rocket launchers and barrel shrouds along with pistol grips, forward grips, folding or telescoping stocks, and threaded barrels, but it omits bayonet mounts, muzzle brakes, and flash suppressors.

As you can see, the definition of "assault weapon" is pretty arbitrary. With the exception of grenade and rocket launchers, which require illegal "destructive devices" to be of any use, these features have little or nothing to do with a gun's deadliness in the context of a mass shooting.

Contrary to what USA Today implies, "assault weapons" are not uniquely accurate, they fire no faster than any other semiautomatic, and they are not unusual in "firing with just the twitch of a finger," which any gun with a trigger will do. Nor are they distinguished by especially large rounds, by especially high muzzle energy, or by the ability to accept detachable magazines, which many guns that are not considered "assault weapons" can do.

In fact, one of the main reasons the U.S. Court of Appeals for the 2nd Circuit gave for ruling that the New York and Connecticut "assault weapon" bans do not violate the Second Amendment was that law-abiding gun owners have plenty of equally satisfactory alternatives. So do mass shooters, who overwhelmingly prefer handguns to the military-style rifles that are supposedly their "weapon of choice."

The appeals court nevertheless deferred to the judgment of state legislators, arguing that the constitutional cost of doing so was slight. Unlike the local handgun bans overturned by the Supreme Court, the 2nd Circuit said, "the statutes at issue do not ban 'an entire class of arms,'" which "makes the restrictions substantially less burdensome."

The appeals court reached that conclusion with help from the plaintiffs challenging the laws, who argued that "there is no class of firearms known as 'semiautomatic assault weapons' -- a descriptor they call purely political in nature." In other words, "assault weapon" bans are constitutional not in spite of their arbitrariness but because of it.

The Washington Post, which has been editorializing in support of "assault weapon" bans for more than two decades, also sees an advantage to their lack of logic. After Congress enacted the federal ban in 1994, the Post called the law "mainly symbolic," saying "its virtue will be if it turns out to be, as hoped, a stepping stone to broader gun control."

The mechanism for achieving "broader gun control" is the recognition that "assault weapons" account for a tiny share of gun homicides and that many other firearms are just as deadly -- points that advocates of a ban are keen to obscure for the time being.


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: banglist; guncontrol
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1 posted on 06/22/2016 12:39:18 PM PDT by Kaslin
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To: Kaslin

As long as they don’t ban 30-30 ammo..


2 posted on 06/22/2016 12:45:15 PM PDT by Paladin2 (auto spelchk? BWAhaha2haaa.....I aint't likely fixin' nuttin'. Blame it on the Bossa Nova...)
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To: Kaslin

The Left is already wising up to the fact that they cannot ban all semi-auto rifles, so look for an attempt to reinstate the 1994 10 round magazine limit that went along with the 1994 Clinton assault weapons ban.


3 posted on 06/22/2016 12:45:52 PM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: Yo-Yo

Whatta bout totally tubular magazines?


4 posted on 06/22/2016 12:52:03 PM PDT by Paladin2 (auto spelchk? BWAhaha2haaa.....I aint't likely fixin' nuttin'. Blame it on the Bossa Nova...)
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To: Kaslin

Yet another long screed detailing the nuanced errors in the opposition’s rhetoric, when the opposition doesn’t give a $#!^ about accuracy, only in passing SOMETHING and scoring political points.


5 posted on 06/22/2016 12:52:44 PM PDT by ctdonath2 ("Get the he11 out of my way!" - John Galt)
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To: Kaslin

But...but....but...if we ban those evil “assault weapons” then the precious muslims will love us and not try to kill us and we’ll all live in perfect harmony munching on fairy dust and unicorn farts!


6 posted on 06/22/2016 12:54:05 PM PDT by PROCON (Americans First or Terrorists First - Choose in November)
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To: Paladin2
Don't cling to false hope - the anti-gunners would love to ban lever-action carbines. That was the most numerous type of centerfire rifle on the continent until the AR showed up.

Plus, do you *know* how many of Elizabeth Warren's relatives were killed with those evil leverguns?

7 posted on 06/22/2016 12:56:06 PM PDT by Charles Martel (Endeavor to persevere...)
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To: Kaslin

Do they classify all semi autos as “assault weapons” or just those mean looking rifles?

I’ve still got my dad’s old single shot bolt action .22 to fall back on.


8 posted on 06/22/2016 12:59:30 PM PDT by Graybeard58 (Crooked Hillary's going down and I aint talkin about, on Huma.)
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To: Kaslin

9 posted on 06/22/2016 1:01:18 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: Kaslin
New York's list of prohibited features includes folding or telescoping stocks, thumbhole stocks, pistol grips, second handgrips or protruding grips that can be held by the nontrigger hand, bayonet mounts, threaded barrels, flash suppressors, muzzle brakes, and grenade launchers. Connecticut's list is similar, but it excludes bayonet mounts, muzzle brakes, and threaded barrels.

Makes them much more deadly. As we know from a favorite terrorist weapon, the AK.


10 posted on 06/22/2016 1:07:33 PM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: USMCPOP

So why doesn’t some manufacturer build a semi auto that looks like a Cricket or something?

Who woudda thought that briefcase had a 100 round mag in it? But But But it looks like a giant Easter Bunny! I didn’t know Candy Canes could do that! A baby buggy with a belt fed weapon?


11 posted on 06/22/2016 1:32:45 PM PDT by oldasrocks (They should lock all of you up and only let out us properly medicated people.)
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To: USMCPOP

Totally pink cute.l


12 posted on 06/22/2016 1:34:53 PM PDT by Paladin2 (auto spelchk? BWAhaha2haaa.....I aint't likely fixin' nuttin'. Blame it on the Bossa Nova...)
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To: Kaslin

has anyone seen those “orlando shooting hoax” videos on youtube? they have the photo of all of the doctors, and show how at the hospital they all have zero patient reviews, and they look at the interviews of the “survivors”, etc.

I watched a couple, and although I’m not a conspiracy guy, they made me pause.

thoughts ?


13 posted on 06/22/2016 1:43:14 PM PDT by stompk
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To: Paladin2

Most communist states that already have magazine capacity limits usually exempt rimfire rifles with tubular magazines, but I seem to recall that for a while there was one state that did not, and busted someone with a 10 shot tubular magazine .22LR rifle because they could get 14 .22 shorts in the tube.


14 posted on 06/22/2016 1:47:34 PM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: Paladin2

The pink one is cute. But the Assault Kitty is really deadly when the pistol grip is added. For those who don’t know weapons, the grip has a screw in the handle. Tighten that up against a pair of jamb-nuts where it attaches and you have an instantly deadly weapon. And the long bolt in the rear makes it worse, even if the stock doesn’t fold.


15 posted on 06/22/2016 2:01:23 PM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: USMCPOP

I’m holding out for an AR-10...


16 posted on 06/22/2016 2:06:01 PM PDT by Paladin2 (auto spelchk? BWAhaha2haaa.....I aint't likely fixin' nuttin'. Blame it on the Bossa Nova...)
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To: Charles Martel
Plus, do you *know* how many of Elizabeth Warren's relatives were killed with those evil leverguns?

FYI. the only documented folks on Warren's Family Tree using weapons (muzzle-loaders) were herding Native Americans on the "Trail of Tears"

17 posted on 06/22/2016 2:51:24 PM PDT by ExSES (the "bottom-line")
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To: Paladin2

AR-10 would be nice. All we had around here in relatively major calibers were bolt action rifles. Until the boat flipped over.


18 posted on 06/22/2016 3:00:35 PM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: USMCPOP

Then there is the AR-12.....


19 posted on 06/22/2016 3:38:40 PM PDT by Paladin2 (auto spelchk? BWAhaha2haaa.....I aint't likely fixin' nuttin'. Blame it on the Bossa Nova...)
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To: Kaslin

Are set triggers a problem?


20 posted on 06/22/2016 3:47:56 PM PDT by Paladin2 (auto spelchk? BWAhaha2haaa.....I aint't likely fixin' nuttin'. Blame it on the Bossa Nova...)
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