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Sunset of a misfiring gun ban
The Raleigh News & Observer ^ | Nov 6, 2003 | John B. Posthill

Posted on 11/06/2003 11:58:49 AM PST by neverdem

CHAPEL HILL -- In September 1994, President Clinton signed into law a bill euphemistically referred to as the "assault weapons ban." Because it was the last piece of controversial legislation passed by the Democratic-controlled Congress before the November 1994 election, many, including Clinton, attributed at least some of that Republican landslide to gun owners' anger over the passage of this law. With renewal of the ban up for debate in Congress, it is timely to examine what has happened since passage.

There are three major aspects to the law: (1) nineteen types of firearms were banned by name; (2) many other guns that have a combination of cosmetic features such as a bayonet lug, a pistol grip, a flash suppressor, etc., were banned, and (3) future manufacture of high-capacity magazines that hold over 10 rounds was also prohibited. The ban would automatically expire ("sunset") after 10 years unless renewed by Congress.

What happened in the past nine years? Some claim that the law has reduced crime, though a systematic study taking into account all the many other factors that affect the crime rate -- community policing, prison incarceration rates, availability of replacement firearms to criminals, the increase in legal concealed carry of handguns, etc. -- has not been done for the majority of the time that the ban has been in effect. Recently, the Centers for Disease Control could find no proof that our nation's gun control laws, including the assault weapons ban, reduced gun violence.

But we do know with certainty that commercial behavior changed part of the gun market. Many manufacturers designed new firearms that stayed within the 10-round limit imposed by law. In the interest of giving a handgun buyer better stopping power within a small, concealable frame, new handguns were designed that incorporated larger-caliber, potentially more deadly bullets, such as the .45 ACP, .40 S&W or 10 mm. rounds. One author sarcastically referred to these new handguns as "Clinton compact pistols." A 1996 article in Guns and Ammo magazine pictured a new, smaller Glock pistol with the screaming headline "Pocket Rockets!"

We have also seen several manufacturers take steps to comply with the details of the law by removing the banned features. For example, rifles that look nearly identical to and operate exactly like a semi-automatic AK-47 have consistently been available in spite of and in accordance with the law. One rifle in particular, the Russian-import Saiga AK 7.62 is functionally equivalent to a semiautomatic AK-47 and can be purchased legally for about $200 at a gun show or dealer.

Yet more dysfunction pertained to the high-capacity magazine part of the ban. Most magazines are of simple design and cheap to produce in large quantities. Hence, they were plentiful before the ban and remain so today.

Anticipating the law, many high-capacity magazines were made and imported in order to provide future revenue for distributors and retailers. In some cases, the price of these "pre-ban" magazines has gone up; for others the price has remained fairly stable. Additionally, spare parts for high-capacity magazines are available and can legally be used to repair "pre-ban" magazines. With plenty of magazines and spare parts, the supply of perfectly legal high-capacity magazines is assured well into the future. This is much ado about a sheet metal box that holds 11 or more bullets -- hardly a deterrent to criminal violence.

Gun control advocates are now saying that not only is renewal of the assault weapons ban necessary, but that the "loopholes" in the law must be closed. But this gun ban does not have identifiable "loopholes" per se -- it is nothing but a cosmetic and ineffective law. The only obvious effects of the ban have been via the various market responses by Americans working within, and obeying, the law. Cheaper, more powerful, more compact and more concealable guns, along with plenty of high-capacity magazines, are now available to the public thanks to the unintended consequences resulting from the assault weapons ban.

Add this to the fact that the 1994 law still allows ownership of all the pre-ban "assault weapons" and the public has greater options for its choice of firearms than ever before. It is a great time to be a gun enthusiast.

As gun control legislation goes, the assault weapons ban is a laughingstock. Let me suggest that all Americans, no matter which side they are on in the gun debate, can be relieved if and when Congress permits this absurd law to sunset and be forgotten quickly.

John B. Posthill is a volunteer and board member of Grass Roots North Carolina.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; Politics/Elections
KEYWORDS: bang; banglist
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1 posted on 11/06/2003 11:58:49 AM PST by neverdem
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To: *bang_list
Bang
2 posted on 11/06/2003 12:01:26 PM PST by Yo-Yo
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To: neverdem
Of course the Author is correct the gun ban law did nothing just as the Brady Bill did nothing.
3 posted on 11/06/2003 12:04:26 PM PST by sgtbono2002 (I aint wrong, I aint sorry , and I am probably going to do it again.)
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To: Yo-Yo
I have a question about pre-ban magazines and the legal issues surrounding them. I notice a lot of high capacity magazines for sale that say "pre-ban" on them. Are they legal to use or not? Why or why not? I noticed Para Ordnance is selling a Para Carry 12 with a 12-round capacity magazine with a disclaimer that only police and military may use anything over 10 rounds. What's the deal?
4 posted on 11/06/2003 12:12:18 PM PST by IYAS9YAS (Go Fast, Turn Left!)
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To: IYAS9YAS
Yes, preban magazines are legal for you to use. Only magazines with more than 10 round capacity and manufactured after September 13, 1994 are considered LEO only or postban. At the sunset, all of those magazines will be legal for any of us to own...

Many people phrase things poorly and give improper meaning to things. Most of the time, this is unintentional.

Mike

5 posted on 11/06/2003 12:19:02 PM PST by BCR #226
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To: neverdem

Sunset the Assault Weapons Ban

6 posted on 11/06/2003 12:22:49 PM PST by xsrdx (Diligentia, Vis, Celeritas)
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To: BCR #226
Thanks, I was wondering about that. So the hinge is not on the sale date, but the date of manufacture. I found an interesting site that has a photo quiz of "legal" or "banned" weapons. Really opened my eyes to the idiocy of the whole AWB issue.

Here's a link http://www.ont.com/users/kolya/

7 posted on 11/06/2003 12:23:58 PM PST by IYAS9YAS (Go Fast, Turn Left!)
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To: neverdem
"Let me suggest that all Americans, no matter which side they are on in the gun debate, can be relieved if and when Congress permits this absurd law to sunset and be forgotten quickly."

Yup.

8 posted on 11/06/2003 12:26:24 PM PST by xsrdx (Diligentia, Vis, Celeritas)
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To: neverdem
BTTT
9 posted on 11/06/2003 12:26:34 PM PST by hattend
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To: IYAS9YAS
Yeah, I've seen that site... the point it makes is very telling isn't it?

Now, if we can just get rid of the equally idiotic "sporting purpose" clause in the 1968 GCA and repeal the 1986 ban, we'll be doing well.

Mike

10 posted on 11/06/2003 12:36:40 PM PST by BCR #226
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To: IYAS9YAS
Pre-ban high capacity magazines (over 10 rounds) are any mags that were made before the ban date, and there were millions in existence. The law only covers US-made high cap mags, and requires any made after the ban date to be stamped "restricted - law enforcement only". There is nothing in the law restricting imported high cap mags (Feinstein wants to fix that) nor is there any restriction on selling US-made preban mags (she'll fix that too).

So many gun retailers and makers are offering new guns along with preban mags, and there is nothing illegal about that. The only mags that you cannot own or buy have the restricted LE only markings clearly stamped on them.

11 posted on 11/06/2003 12:47:22 PM PST by Sender
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To: Sender
Not a flame, just a reality check.

There is nothing in the law restricting imported high cap mags (Feinstein wants to fix that) nor is there any restriction on selling US-made preban mags (she'll fix that too).

Feinstein can do whatever she wants, but it doesn't mean a hill of beans until George W. Bush signs the renewal into law. (Which he has promised to do when the bill reaches his desk)

So, in reality it'll be Feinstein and Bush who'll be fixing these "loopholes."

12 posted on 11/06/2003 1:10:00 PM PST by Ol' Dan Tucker
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To: neverdem
The bill to reinstate the gun ban is DOA. Those law makers will remember what happened in 1994 and their liberal spines will disappear.
13 posted on 11/06/2003 1:36:20 PM PST by demlosers
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To: neverdem; *bang_list
Good article...

But the gun-grabbers, with Senator "Treason" McPain leading the charge as usual, have a full-court press on to attach the AW ban (and the Federal gun-show bill) to S659, the gun industry protection act, in the Senate.

If they can manage that - and there are just enough RINOs in the Senate to make it happen - it will then become necessary to *remove* those provisions in the House or in conference. Anyone want to bet on *that* happening?

I called my one Republican senator today, and his office worker hadn't heard anything about these proposed poison amendments being offered. That means they're not getting called enough.

The Capitol switchboard is at 202-224-3121. Call NOW.

14 posted on 11/06/2003 1:37:22 PM PST by fire_eye
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To: neverdem
Die Ban die.
15 posted on 11/06/2003 1:43:43 PM PST by lodwick (Wake up, America!)
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To: neverdem
Yes,the gun bans did nothing to stop crime but they did do something which was the REAL INTENT and that was to stop law abiding citizens from purchasing them!The anti-gun crowd does NOT care about crime,only using crime as an excuse to disarm America.
16 posted on 11/06/2003 2:04:17 PM PST by INSENSITIVE GUY
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To: neverdem
I feel sorry for the author of this piece....he is out of Chapel Hill NC? Man, one of the most liberal cities in the country.....I will have to find him and buy him a beer..
17 posted on 11/06/2003 3:09:20 PM PST by Legerdemain
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To: Ol' Dan Tucker
The difference between Feinstein and Schumer and Bush in "fixing the loopholes" is a subtle one since as you said, they all have to work together to screw us, but it's worth mentioning.

Feinstein and Schumer want to screw us and could care less about the Constitution or our rights or our feelings. Bush (I think) really is with us and doesn't want any part of this BS. However, Bush is a political survivor and will (probably) sign anything they get to his desk, now that he has committed himself to signing it in the hope of deflecting heat from himself.

So is it better to be screwed by someone who really wants to do it, or by someone who just says "oh well, now I have to sign it, sorry about that"? It really doesn't matter once we're screwed. I just hope Bush comes home to his base and grows some Texas-sized pelotas in case that awful renewal does somehow make it to his desk.

Wouldn't that be refreshing to see a politician stand up and say "I cannot sign this unconstitutional, ineffective law"?

18 posted on 11/06/2003 3:10:57 PM PST by Sender
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To: fire_eye
Count your Blessings, all I could call are Hiilary, Schumer and Eliot Engel. I don't bother. I think we'll have to place our bets on DeLay and pray.
19 posted on 11/06/2003 4:07:07 PM PST by neverdem (Say a prayer for New York both for it's lefty statism and the probability the city will be hit again)
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To: neverdem
Yeah, I used to call the same triumverate (well, almost, I had Schumer, MOYNIHAN and Engle), now at least I have Vito Fossella as my congressman.
20 posted on 11/06/2003 4:51:23 PM PST by Clemenza (East side, West side, all around the town. Tripping the light fantastic on the sidewalks of New York)
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