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California Bans a Large-Caliber Gun, and the Battle Is On
NY Times ^ | January 4, 2005 | CAROLYN MARSHALL

Posted on 01/04/2005 9:21:49 PM PST by neverdem

SAN FRANCISCO, Jan. 3 - California has become the first state to ban a powerful .50-caliber long-range rifle that gun control advocates portray as a military firearm that could easily fall into the hands of terrorists bent on assassination or shooting down an airplane.

Under the ban, which was signed into law by Gov. Arnold Schwarzenegger in September and took effect on Jan. 1, it is now illegal to manufacture, sell, distribute or import a weapon known as the .50-caliber BMG, or Browning machine gun rifle, a single-shot weapon widely used not only by law enforcement officers and the military but, more recently, by civilian sport shooters as well.

The new law limits possession to those who already own the rifle; they have until April 30, 2006, to register it or face a misdemeanor charge.

Gun rights advocates fear that the California legislation will prompt other states to follow - similar efforts have been undertaken in New York, Connecticut, Illinois, Massachusetts and Virginia, but have failed - and enthusiasts are already devising ways to alter the gun and so circumvent the law without breaking it.

Another result of the law is that in the weeks before it took effect, people rushing to buy the limited supplies of .50 BMG's descended on gun shops throughout California. Now that it is in force, some of the gun's out-of-state makers and distributors have threatened not to sell any of their firearms or services here.

"We all think it's the first step toward banning sniper rifles," said Michael Fournier, owner of the Gun Exchange, a shop in San Jose. "They keep chipping away a little at a time. Eventually they'll try to get them all."

A lawyer for the California Rifle and Pistol Association, a lobby that fought the legislation, said that for the first time gun control advocates had managed "to demonize" a firearm that gun proponents and lawmaker allies say has never been used to commit a crime in the United States.

The lawyer, Chuck Michel, said the .50 BMG, which weighs 30 pounds and can cost $2,000 to $8,000, was typically bought by collectors, shooting range enthusiasts and skilled competitors.

"Criminals don't carry around very pricey, very heavy rifles," Mr. Michel said. "They want handguns they can conceal."

The .50 BMG rifle, patented in 1987 by Barrett Firearms Manufacturing of Murfreesboro, Tenn., was designed as a sniper weapon for law enforcement and the military; it was widely used by American troops during the Persian Gulf war of 1991.

Manufacturers say the rifle is accurate at a range of up to 2,000 yards, more than a mile. It fires bullets five and a half inches long described as powerful enough to rip through armor, much less the thin aluminum skin that covers commercial airliners.

"They can pierce the skin of an aircraft," said Daniel R. Vice, a lawyer with the Brady Campaign to Prevent Gun Violence, a central supporter of the law. "It could be used to shoot down an airplane. And we certainly don't want to wait until a terrorist buys one before we ban it."

The legislation's author, Assemblyman Paul Koretz, a Democrat from West Hollywood, concedes that street criminals would most likely view the .50 BMG as too much gun for the typical robbery or drive-by shooting. Rather, the law is intended to help keep the weapon out of the hands of "terrorists, general nut cases and survivalists," Mr. Koretz said, citing government reports suggesting that it had been used in assassinations overseas and that at least 25 had been bought by Osama bin Laden.

Mr. Michel, the lawyer for the gun rights group, said that adopting the ban in the name of fighting terrorism was without merit.

"The terrorist can get a nuclear dirty bomb or a shoulder-mounted rocket launcher," he said. "The .50-caliber is just a peashooter in comparison."

But while there is no conclusive evidence that the .50 BMG rifle has ever been used in the United States to commit a felony, it has nonetheless been seized from American criminals' arsenals. A 1999 briefing paper from the General Accounting Office, predecessor of the Government Accountability Office, Congress's investigative arm, said, "We have established a nexus to terrorist groups, outlaw motorcycle gangs, international drug cartels, domestic drug dealers, religious cults, militia groups, potential assassins and violent criminals."

A side effect of the new law is the ill will it has instilled toward Mr. Schwarzenegger among gun rights advocates. Many of them supported him for governor, and maintain that his signing the legislation was an act of betrayal.

"You know what we call him?" said Jerry Sloan, assistant manager of Precision Arms, a shop in Escondido. "Benedict Arnold."

Terri Carbaugh, a spokeswoman for the governor, said Mr. Schwarzenegger, a Republican, had made his position clear during his campaign.

"It's a military-type weapon," Ms. Carbaugh said of the .50 BMG, "and he believes the gun presents a clear and present danger to the general public."


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Front Page News; Government; News/Current Events; Politics/Elections; US: California; War on Terror
KEYWORDS: 2ndamendment; amendment2; banglist; benedictarnold; fmcdh; gopsellouts; gungrabbers; itsaboutpower; pointlesslaw; rinoschwarzenegger; rkba; thankarnold; thanktherino; thankthesellouts; whataretheyafraidof
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Peter DaSilva for The New York Times
"They keep chipping away a little at a time," Michael Fournier, gun dealer, said of gun control advocates. "Eventually they'll try to get them all."

Peter DaSilva for The New York Times
A .50-caliber rifle at Mr. Fournier's shop, the Gun Exchange in San Jose, Calif., two days before a disputed state law took effect.

1 posted on 01/04/2005 9:21:49 PM PST by neverdem
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To: neverdem

I heard these things were selling like crazy right after they signed the bill to ban it. Due to the fact of course that after January first, it will be illegal, and the idea of owning something that is now illegal, legally must've appealed to a lot of people.


2 posted on 01/04/2005 9:26:00 PM PST by Simmy2.5 (Kerry has been relieved of duty!)
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To: neverdem
"It's a military-type weapon," Ms. Carbaugh said of the .50 BMG, "and he believes the gun presents a clear and present danger to the general public."

Nonsense, these arrogant politicos view the gun as a clear and present danger to them, because its bullets can pierce bulletproof limos--their vehicles of choice--to keep them from touching us Great Unwashed.

The only thing between me and one of these beauties is $8,500, and believe me, if I had the dough, there would be one in my safe--there's room.

3 posted on 01/04/2005 9:30:40 PM PST by Auntie Dem (Hey! Hey! Ho! Ho! Terrorist lovers gotta go!)
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To: neverdem
It fires bullets five and a half inches long

That would be something I like to see.. and no, I would not shoot it. :)

4 posted on 01/04/2005 9:31:42 PM PST by killjoy (My kid is the bomb at Islam Elementary!)
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To: Simmy2.5
Man... i wish i could have bought one to add to the collection before they banned it. :( I spent my money on this badboy the other day though: Springfield 9mm. NRA's gun of the year in 2004.
5 posted on 01/04/2005 9:35:17 PM PST by Andrew LB
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To: neverdem
Let's see:

1. Libs say more guns make the country more unsafe.

2. Therefore, since more people then ever own guns, we should be seeing skyrocketing crime, particularly murder.

3. Yet, the latest stats from all major cities show murder rates (and most other violent crimes) are down SIGNIFICANTLY! In fact, some are the lowest in over 20 years.

4. So the stats show that more guns do NOT equal a more lawless society.

Of course, don't expect libs to agree to this. Remember: To liberals it is not the facts that count, it is their impression of the world and HOW things SHOULD be done that counts, even if these beliefs fly in the face of facts.

6 posted on 01/04/2005 9:36:51 PM PST by technomage
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To: neverdem
"It's a military-type weapon," Ms. Carbaugh said of the .50 BMG, "and he believes the gun presents a clear and present danger to the general public."

You can take the boy out of Austria, but you can't take the Austria out of the boy.

7 posted on 01/04/2005 9:40:04 PM PST by B Knotts
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To: neverdem
Where the hell do you start with this crap?????

California has become the first state to ban a powerful .50-caliber long-range rifle that gun control advocates portray as a military firearm that could easily fall into the hands of terrorists bent on assassination or shooting down an airplane.

It's a single shot for Christ sake. You could get a handgun and sit at the end of a runway and get off more shots at a plane than this could cycle. Lots more folks have been murdered with a .22 calliber than a BMG.
8 posted on 01/04/2005 9:40:16 PM PST by pennyfarmer (A whole lotta people need some killin. (Not the babies))
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To: pennyfarmer

To be accurate.... a .50 cal rifle has NEVER been used in a murder in Californias history.


9 posted on 01/04/2005 9:42:11 PM PST by Andrew LB
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To: neverdem
California has become the first state to ban a powerful .50-caliber long-range rifle

Excuse me, but California didn't ban this perfectly legitimate firearm without the signature of the Great RINO of All Time: Arnold Schwarzenegger.

Never lose sight of that fact.

10 posted on 01/04/2005 9:47:17 PM PST by Prime Choice (The DNC! Where boys and girls look the same! That's a little strange isn't it?)
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To: Auntie Dem

Spot on, Auntie! Well said.


11 posted on 01/04/2005 9:47:34 PM PST by SAJ
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To: All; Pookie

12 posted on 01/04/2005 9:49:55 PM PST by Prime Choice (The DNC! Where boys and girls look the same! That's a little strange isn't it?)
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To: Prime Choice

Yeah... but it was either Arnold or Bustamante. McClintock didn't have a chance of winning the recall. I picked the lesser of the two.


Plus after meeting Arnold at CSULB during his campaign, it sealed the deal for me.


13 posted on 01/04/2005 9:53:45 PM PST by Andrew LB
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To: neverdem
"the law is intended to help keep the weapon out of the hands of "terrorists, general nut cases and survivalists," Mr. Koretz said"

Who does he want to have them, death cults?

14 posted on 01/04/2005 9:54:43 PM PST by TERMINATTOR ("I believe in background checks at gun shows or anywhere" - GWB)
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To: Andrew LB
Yeah... but it was either Arnold or Bustamante.

That doesn't excuse Ahhnold's selling out the GOP (again). Besides, that Arnold-or-Bustamante crap is so 2003. Spare me.

15 posted on 01/04/2005 9:55:30 PM PST by Prime Choice (The DNC! Where boys and girls look the same! That's a little strange isn't it?)
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To: Prime Choice

A pox on (R)nulled, and the back stabbing Republicans.


16 posted on 01/04/2005 9:58:15 PM PST by TERMINATTOR ("I believe in background checks at gun shows or anywhere" - GWB)
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To: pennyfarmer

If they were all that concerned about terrorism, the more rational thing to do would be to ban box cutters!!


17 posted on 01/04/2005 10:00:14 PM PST by midnightson
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To: neverdem
California has become the first state to ban a powerful .50-caliber long-range rifle

How long until they start banning .30 caliber "long range rifles"?

18 posted on 01/04/2005 10:01:03 PM PST by Mulder (“The spirit of resistance is so valuable, that I wish it to be always kept alive" Thomas Jefferson)
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To: Prime Choice

While i'm not happy with this gun ban.... i'm a little less happy over Bush's immigration policy with Mexico. Which is a much larger threat to our freedom than a rarely owned/bought .50 cal rifle.


19 posted on 01/04/2005 10:01:41 PM PST by Andrew LB
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To: neverdem

The writer of the article, this Carolyn Marshall, contributes more misrepresentation.
The "bullets" are not five and one half inches long,
for crying out loud. The assembled cartridge, shell casing plus projectile (bullet) probably measure out to about that...
(don't have one on hand presently---nor a reloading manual
in the office,and don't feel like spending 15 minutes of googlin' to find out exact)
BUT---the "bullet", the part that actually exits the business end of the barrel, is how long? Inch and three-quarter?

I reckon this post might inspire someone to fill us in on the proper details and specs.
Just think---years ago one could buy old field pieces as surplus. Small canons. Real guns. Not just "rifles".
I can't think of a single "crime" committed with old artillery pieces.

Since the 105's are becoming antiquated, give me a few of those. Do they make canister loads for 'em?
Gotta a ground squirrel problem...getting mighty tired of plinkin' at 'em with 22's.

Just think---after enough rounds, we wouldn't even have to plow!


20 posted on 01/04/2005 10:04:11 PM PST by 7MMmag (when all we peasants are disarmed, the elite won't have nobody to protect 'em!)
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