Delay Sees Assault Gun Ban Expiring in Congress

Reuters ^ | May 13, 2003 | Joanne Kenen

[TLBSHOW]

Delay Sees Assault Gun Ban Expiring in Congress

WASHINGTON (Reuters) - House Majority Leader Tom Delay, a proudly pro-gun Texas Republican, predicted on Tuesday the House will allow a 1994 assault weapons ban to expire next year.

"The votes in the House are not there to reauthorize (renew) it," DeLay told reporters.

DeLay's opposition to the ban puts him at odds with President Bush, who wants it to be extended although he generally opposes the expansion of gun laws.

The ban, approved during the Clinton administration, applies to military-style semi-automatic assault weapons like the Uzi and the AK-47 that have high ammunition capacity and are capable of rapid fire at close range.

A group of mostly Democratic senators last week opened a drive to get the extension passed in the U.S. Senate, and called on Bush to help, particularly in the House where pro-gun sentiments are stronger and DeLay wields considerable control over the agenda.

After the 1999 Columbine high school shootings in Colorado, the Senate passed several tough new gun measures. DeLay was instrumental in blocking them in the House.

Senate Democrats want to renew the current ban with only one change -- a ban on importing large-capacity ammunition clips. Their manufacture is already prohibited in the United States. Some House Democrats have outlined more far-reaching legislation that would expand the ban to other guns.

"The House Republicans are so out of touch that they are to the right of even President Bush on guns. Most Americans want fewer assault weapons on the streets, but the House Republicans want to bring banned assault weapons back," said New Jersey Democrat Sen. Frank Lautenberg.

Bush's support for the ban puts him at odds with the National Rifle Association, the powerful gun lobby that is usually his ally.

Another top NRA priority, a bill giving gun makers and sellers sweeping protection against lawsuits, recently passed the House and is pending in the Senate.

Several Senate Democrats Tuesday said they were determined to do everything they could to block the lawsuit bill, or at least amend it to narrow its scope

[discostu]

I knew you were working towards a joke, I just could see what direction it was in, so I made my own. I haven't seen any pastrami that looked like ham, I'm guess it isn't very good pastrami.

[sargon]

applies to military-style semi-automatic assault weapons like the Uzi and the AK-47 that have high ammunition capacity and are capable of rapid fire at close range.

A factually false statement by a journalist. Not a big surprise on this issue.

The Uzi and AK-47 are both fully-automatic, thus they are true assault weapons.

Semi-automatic rifles, by definition, are not assault weapons.

This blurring of the distinction between the two was used to foment the semi-auto ban in the first place.

As well as the argument that these weapons have no legitimate hunting use. Well, the Second Amendment ain't about hunting.

In any event, it remains legal to own machine guns in the United States, although a few hoops must be jumped through.

Semi-automatic weapons should never have been demonized like this, and if a semi-auto ban ever sticks under USSC scrutiny, then the Second Amendment is dead anyway (disregarding the full-auto debate for the moment.)

[Sender]

Go BaCk...bAcK tO tHe MaGiCaL lAnD oF dU...

[muir_redwoods]

mmmmm, Stage Door Deli Kosher Pastrami

Dark pumpernickel, brown mustard, red onion

Damn it, I did it again!

[muir_redwoods]

some people need killing. Sad but true and when you meet one you better have the right weapon.

[muir_redwoods]

You mean the way Lincoln and FDR did?

[Hat-Trick]

Please excuse my ignorance, but what EXACTLY is an assault weapon??

Excellent question! Aren't they all? In the gun-grabber's zest to dehumanize the taking of innocent life, I believe, the term "assault weapon" was born.

I'm pretty sure the hyper-libido rabbits in my backyard consider my Crossman .177 pellet gun an "assault weapon".

Hat-Trick

[GunRunner]

What's an assault weapon?

[Yo-Yo]

BonnieJ Wrote:
"Please excuse my ignorance, but what EXACTLY is an assault weapon??"

That's easy!

The Federal Government defines "Assault Weapon" (From Title 18 United States Code, section 921) as:

(30) The term "semiautomatic assault weapon" means--
(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as--
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;

(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;

(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--
(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm; and

(D) a semiautomatic shotgun that has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.

However, the State of California defnies Assault Weapon (from California Penal Code 12276) as:

§ 12276. "Assault weapon"

As used in this chapter, "assault weapon" shall mean the following designated semiautomatic firearms:

(a) All of the following specified rifles:

(1) All AK series including, but not limited to, the models identified as follows:

(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.

(B) Norinco 56, 56S, 84S, and 86S.

(C) Poly Technologies AKS and AK47.

(D) MAADI AK47 and ARM.

(2) UZI and Galil.

(3) Beretta AR-70.

(4) CETME Sporter.

(5) Colt AR-15 series.

(6) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.

(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.

(8) MAS 223.

(9) HK-91, HK-93, HK-94, and HK-PSG-1.

(10) The following MAC types:

(A) RPB Industries Inc. sM10 and sM11.

(B) SWD Incorporated M11.

(11) SKS with detachable magazine.

(12) SIG AMT, PE-57, SG 550, and SG 551.

(13) Springfield Armory BM59 and SAR-48.

(14) Sterling MK-6.

(15) Steyer AUG.

(16) Valmet M62S, M71S, and M78S.

(17) Armalite AR-180.

(18) Bushmaster Assault Rifle.

(19) Calico M-900.

(20) J & R ENG M-68.

(21) Weaver Arms Nighthawk.

(b) All of the following specified pistols:

(1) UZI.

(2) Encom MP-9 and MP-45.

(3) The following MAC types:

(A) RPB Industries Inc. sM10 and sM11.

(B) SWD Incorporated M-11.

(C) Advance Armament Inc. M-11.

(D) Military Armament Corp. Ingram M-11.

(4) Intratec TEC-9.

(5) Sites Spectre.

(6) Sterling MK-7.

(7) Calico M-950.

(8) Bushmaster Pistol.

(c) All of the following specified shotguns:

(1) Franchi SPAS 12 and LAW 12.

(2) Striker 12.

(3) The Streetsweeper type S/S Inc. SS/12.

(d) Any firearm declared by the court pursuant to Section 12276.5 to be an assault weapon that is specified as an assault weapon in a list promulgated pursuant to Section 12276.5.

(e) The term "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.

and California Penal code section 12276.1 further adds:

§ 12276.1. Further definition of "assault weapon"

(a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:

(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and any one of the following:

(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.

(B) A thumbhole stock.

(C) A folding or telescoping stock.

(D) A grenade launcher or flare launcher.

(E) A flash suppressor.

(F) A forward pistol grip.

(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

(3) A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and any one of the following:

(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.

(B) A second handgrip.

(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.

(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.

(5) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

(6) A semiautomatic shotgun that has both of the following:

(A) A folding or telescoping stock.

(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.

(8) Any shotgun with a revolving cylinder.

(b) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that are used for Olympic target shooting purposes at the time the act adding this subdivision is enacted, and that would otherwise fall within the definition of "assault weapon" pursuant to this section are exempt, as provided in subdivision (c).

(c) "Assault weapon" does not include either of the following:

(1) Any antique firearm.

(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (b):


MANUFACTURER MODEL CALIBER
BENELLI MP90 .22LR
BENELLI MP90 .32 S & W LONG
BENELLI MP95 .22LR
BENELLI MP95 .32 S & W LONG
HAMMERLI 280 .22LR
HAMMERLI 280 .32 S & W LONG
HAMMERLI SP20 .22LR
HAMMERLI SP20 .32 S & W LONG
PARDINI GPO .22 SHORT
PARDINI GP-SCHUMANN .22 SHORT
PARDINI HP .32 S & W LONG
PARDINI MP .32 S & W LONG
PARDINI SP .22LR
PARDINI SPE .22LR
WALTHER GSP .22LR
WALTHER GSP .32 S & W LONG
WALTHER OSP .22 SHORT
WALTHER OSP-2000 .22 SHORT



(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (b) to exempt new models of competitive pistols that would otherwise fall within the definition of "assault weapon" pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.

(d) The following definitions shall apply under this section:

(1) "Magazine" shall mean any ammunition feeding device.

(2) "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

(3) "Antique firearm" means any firearm manufactured prior to January 1, 1899.

Any questions?

[Hat-Trick]

Change your profile to read "Drive-by, flame-baiting Troll".

[BonnieJ]

Are you kidding me!? The easier question is, what isn't one?! That list is astonishing. Thanks for posting it.

[asneditor]

Now I know where you get your name from ... your brain is mush. Just what in the hell does the NRA taking on the military have to do with our second amendment rights?

Just what kind of commie idiot are you? The Constitution of The United States of America is the supreme law of the land. period! Just because congress can pass some law doesn't mean it is consitutional. Don't muddy up this issue with the black and white man and woman bullshit because it doesn't fly.

You need to go back to school and please this time...... don't go to a government one because you are already brainwashed!

[Mr. Lucky]

What was your Freep name before you were banned the last time?

[Yo-Yo]

Bonnie,

The part that really gets me is:

(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;


So, if your semi-automatic rifle has a detachable magazine and a flash suppressor, it's ok. If it has a bayonet mount, it's ok. But if it has both a bayonet mount AND a flash supressor, OMG YOU HAVE A DEADLY ASSAULT WEAPON!!!!

[GhostofWCooper]

Personally, I liked my answer about the handles and doodads better..

:^)

[Paleo Conservative]

"The House Republicans are so out of touch that they are to the right of even President Bush on guns. Most Americans want fewer assault weapons on the streets, but the House Republicans want to bring banned assault weapons back," said New Jersey Democrat Sen. Frank Lautenberg.

Last I checked our form of government is a republic not a democracy. A large proportion of gun control advocates are concentrated into a few congressional districts. I think the House Republicans accurately reflect the thinking in their districts.

[AdamSelene235]

Also, in practically every country where guns are tightly controlled, the crime and murder rates are significantly less per capita. Is this not a true fact. I'd like to see some opposing information.

Yes, and Saudi Arabia has a very low crime & teenage pregnancy rate.

Do you also endorse beheadings & burqas as well?

[Yo-Yo]

Just how that's going to work with Abrams tanks and Cruise missles is debatable.

You ever hear of Vietnam?