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Ban Aid: The real point of the "assault weapon" law
Reason ^ | 9 May 2003 | Jacob Sullum

Posted on 05/09/2003 11:49:54 AM PDT by 45Auto

"The most critical improvement" to the federal "assault weapon" ban, according to the Violence Policy Center, "is to ensure that the term 'assault weapon' includes all guns that are, in fact, assault weapons." Don't think about that assertion too much; it might cause your head to explode.

The gun banners at the VPC are unfazed by the fact that "assault weapon" is not an objective category: They know one when they see it. Legally, however, "assault weapon" means whatever Congress says it means.

The 1994 ban, which is scheduled to expire next year but would be renewed by legislation recently introduced in the House and Senate, identifies several specific brands and models as "semiautomatic assault weapons." It also bans any semiautomatic gun that accepts a detachable magazine and has at least two features from a list of five (four in the case of shotguns).

Although the justification for the ban was that "assault weapons" are especially dangerous, the criteria Congress chose—including bayonet mounts, folding stocks, pistol grips, and barrel shrouds—for practical purposes have nothing to do with lethality. The targeted guns are distinguished mainly by their sinister, military-style appearance.

The VPC complains that "the gun industry moved quickly to make slight, cosmetic design changes in their 'post-ban' guns to evade the law." That was possible because the focus of the law—the essence of what makes a gun an "assault weapon"—is slight and cosmetic.

The VPC says the solution is a broader definition: Instead of two features from a list, for example, one should suffice. But that approach makes the difference between legal and illegal guns even slighter, while evading the basic question of why these weapons were singled out to begin with.

As President Bush's support for renewing the law reflects, the "assault weapon" ban is widely seen as the very model of reasonable gun control. Yet it is based on arbitrary distinctions unrelated to public safety or crime control.

The anti-gun lobby decided to target firearms that look like military weapons for tactical reasons. As the VPC's Josh Sugarmann observed in 1988, "The weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons—anything that looks like a machine gun is assumed to be a machine gun—can only increase that chance of public support for restrictions on these weapons."

The VPC continues to capitalize on this confusion. "Civilian assault weapons," it says, "are semiautomatic versions of military weapons designed to rapidly lay down a wide field of fire—often called 'hosing down' an area." Contrary to the impression left by that ambiguous statement, so-called assault weapons fire once per trigger pull, like any other semiautomatic.

Functionality aside, are "assault weapons" especially popular with criminals? Police statistics from across the country indicate that they represent 2 percent to 3 percent of guns used in crimes.

To get around the fact that "assault weapons" are rarely used by criminals, the VPC is now claiming that from 1998 through 2001 "one in five law enforcement officers slain in the line of duty was killed with an assault weapon." This estimate is padded by the inclusion of weapons that Congress does not define as "assault weapons" but that the VPC does. In any case, it indicates that the vast majority of cop killers use guns that no one considers to be "assault weapons."

Notice, too, that banning guns does not prevent them from being used in crimes, which makes you wonder what good even an "improved" ban could be expected to accomplish. Even if cop killers were fond of "assault weapons" and if passing a law could magically eliminate them, it's absurd to imagine that violent criminals could not find adequate substitutes.

The "assault weapon" ban sets a dangerous precedent precisely because the justification for it is so weak. It suggests that you don't need a good reason to limit the right to keep and bear arms, and it invites further restrictions down the road. As far as the gun banners are concerned, that is the whole point.

In 1996 Washington Post columnist Charles Krauthammer, who favors banning gun possession by civilians, conceded that the arguments advanced by supporters of the "assault weapon" ban were "laughable." The "only real justification" for the law, he said, "is not to reduce crime but to desensitize the public to the regulation of weapons in preparation for their ultimate confiscation."


TOPICS: Constitution/Conservatism
KEYWORDS: aw; awb; ban; bang; banglist; rkba
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The Federal AW ban must be defeated. It will be much more than a symbolic victory. It might set the stage for removing the several states' bans also; it certainly would have a "chilling effect" on those states which are now considering passing such laws.
1 posted on 05/09/2003 11:49:54 AM PDT by 45Auto
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To: *bang_list; AAABEST; wku man; SLB; Travis McGee; Squantos; harpseal; Shooter 2.5; ...

2 posted on 05/09/2003 11:53:58 AM PDT by Joe Brower (http://www.joebrower.com/)
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To: 45Auto
The wife has already been informed that I've been "saving up" and not to "get in my way." ;)
3 posted on 05/09/2003 11:57:56 AM PDT by SJSAMPLE
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To: Joe Brower
bump
4 posted on 05/09/2003 12:01:54 PM PDT by Badray (They all seem normal until you get to know them.)
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To: 45Auto; Joe Brower
It will be defeated . Even the socialist grabbers don't like it as they want a Kali style ban and turn in of "all" SAW's. I predict it'll die on the vine with a political back stage agreement to pass a new and improved version of their unconstitutional socialist sh*t and shineola show.

We have to stay on this fight the rest of our lives IMHO until SCOTUS fence sitters get off their fat asses and do their job. Then we can get on with life ....hopefully :o)

Stay safe !

5 posted on 05/09/2003 12:02:33 PM PDT by Squantos (Cum catapultae proscriptae erunt tum soli proscript catapultas habebunt.)
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To: 45Auto
In 1996 Washington Post columnist Charles Krauthammer, who favors banning gun possession by civilians,

I found this unbelievable but found some of the article:

"Ultimately, a civilized society must disarm its citizenry if it is to have a modicum of domestic tranquility of the kind enjoyed by sister democracies such as Canada and Britain. Given the frontier history and individualist ideology of the United States, however, this will not come easily. It certainly cannot be done radically. It will probably take one, maybe two generations. It might be 50 years before the United States gets to where Britain is today."

I've always been a fan of Mr. Krauthammer but he couldn't be more wrong on this issue!

The last sentence is particularly startling as even in 1966 crime was on the rise in Britain. Now it's epidemic.

6 posted on 05/09/2003 12:03:53 PM PDT by facedown (Armed in the Heartland)
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To: Joe Brower
bump
7 posted on 05/09/2003 12:04:41 PM PDT by TLBSHOW (the gift is to see the truth)
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To: 45Auto
All of these "assault weapons" have seem to have one thing in common. They're black. Why don't we just ban all black guns and be done with it for good. Everyone should end up happy that way. Black is a lousy camo color anyway.
8 posted on 05/09/2003 12:08:13 PM PDT by templar
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To: 45Auto
The "real" point of the AW ban is "INCREMENTALISM".......creeping up on the STATED anti gunner/totalitarinists goals of complete elimination of all firearms in the hands of the little people...

While they (the elite) are protected from crime..

Basically "feeding" the little people to the violent criminals until they cry out for a dictatorship and turn over all freedom to the elite...who will gladly take their rightfull place on the throne...

The elite being rilled ever since 1776 and chomping at the bit to PROVE that the commoners are incapable of ruling themselves and it is the place of the elite to rule over them in a benevolent (if they have to) or not so benevolent (thats entertaining as well) manner
9 posted on 05/09/2003 12:10:57 PM PDT by joesnuffy (Moderate Islam Is For Dilettantes)
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To: templar
Now you did it. You went and made it a race issue. Now we are going to have to put up with Jessie (the jerk) Jackson.
10 posted on 05/09/2003 12:16:15 PM PDT by Petruchio (Single, Available, and easy)
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To: joesnuffy
The "elite" wouldn't be doing any of this if they were truly afraid of the consequences.
11 posted on 05/09/2003 12:21:46 PM PDT by wcbtinman (The first one is expensive, all the rest are free.)
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To: 45Auto
VPC is now claiming that from 1998 through 2001 "one in five law enforcement officers slain in the line of duty was killed with an assault weapon."

This estimate is padded by the inclusion of weapons that Congress does not define as "assault weapons" but that the VPC does.

Does anyone know how the VPC defined "Assault weapons" in their statistic?

12 posted on 05/09/2003 12:27:15 PM PDT by chudogg
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To: facedown
I am really surprised to read this. Whenever I hear of the citizenry being deprived of guns the Warsaw Ghetto comes to mind.
13 posted on 05/09/2003 12:41:49 PM PDT by ImpotentRage
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To: chudogg
To get around the fact that "assault weapons" are rarely used by criminals, the VPC is now claiming that from 1998 through 2001 "one in five law enforcement officers slain in the line of duty was killed with an assault weapon." This estimate is padded by the inclusion of weapons that Congress does not define as "assault weapons" but that the VPC does. In any case, it indicates that the vast majority of cop killers use guns that no one considers to be "assault weapons."

Many cops are killed by their own guns, when criminals get ahold of them in a scuffle. To be sure, cops carry "assault weapons" but to twist the fact that cops sometimes lose their own guns in scuffles, and have superior firearms rights/powers than we citizens, into a call to further restrict such firearms to we citizens, is despicable - in other words, just what we would expect from the VPC.

14 posted on 05/09/2003 12:42:56 PM PDT by coloradan
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To: coloradan
Well it says that the VPC modified the Congress's definition of "Assualt weapon" to suit their own purposes. What if instead of using congress's defintion of "Assualt weapons" as containing multiple cosmetic features, and instead used only one of those cosmetic features, such as pistol grips, and in their view, all weapons with pistol grips became assualt weapons. Does an "assault weapon" have to be a rifle? Or can the VPC claim that a handgun is an assualt weapon because it has a pistol grip, thus explaining the inflated statisitic.
15 posted on 05/09/2003 12:53:32 PM PDT by chudogg
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To: Petruchio
Race has nothing to do with it. Jesse Jackoff engages in race baiting because he is power hungry, in fact power mad.
16 posted on 05/09/2003 12:56:15 PM PDT by punster
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To: chudogg
Does anyone know how the VPC defined "Assault weapons" in their statistic?

The only way I can even conceive of getting these numbers is if they are counting handguns with high-cap mags. There are plenty of Glocks and Berettas with pre ban hi-caps. They don't meet the legislative definition of assault weapon, but I'll bet that's what VPC is doing.

17 posted on 05/09/2003 12:58:50 PM PDT by RogueIsland
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To: chudogg
AWs certainly don't have to be rifles, consider the TEC-9 and for that matter Glocks. However, I don't the the VPC includes all handguns in its own list of AWs because otherwise the number would be a lot higher than 20%. For example, I don't think they include revolvers. To answer your earlier question, I don't know if anyone knows how the VPC came up with that number, and I don't think anyone will easily be able to find out, however. But, it would be nice to say that >21% of citizens defending themselves from criminals did so with AWs, people which the VPC would apparently prefer were killed instead of having the ability to fight back.
18 posted on 05/09/2003 1:01:32 PM PDT by coloradan
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To: templar
"All of these "assault weapons" have seem to have one thing in common. They're black."

Let's face it, folks. Anti-gun hysteria is the new racism.

19 posted on 05/09/2003 1:04:56 PM PDT by Joe Brower (http://www.joebrower.com/)
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To: 45Auto
bump
20 posted on 05/09/2003 1:06:34 PM PDT by green team 1999
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