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By Robert Longley, About.com Guide to US Government Info since 1997

Bill Would Renew Federal Assault Weapons Ban

Wednesday May 14, 2008
With gun control looming as a potential critical issue in the 2008 election cycle, pressure is building on Congress to pass legislation reenacting the federal assault weapons ban. The original federal ban on assault weapons expired on Sept. 13, 2004, when Congress failed to reenact it.

One bill to revive the assault weapons ban has already been introduced by Rep. Carolyn McCarthy (D, New York, 4th). McCarthy's Assault Weapons Ban and Law Enforcement Protection Act of 2007, (H.R. 1022), would reenact the ban for ten years.

Along with reinstating federal criminal penalties involving possession or transfer of assault weapons and high-capacity ammunition feeding devices, H.R. 1022 would expand the definition of "semiautomatic assault weapon" to include semiautomatic-to-fully-automatic conversion kits and any semiautomatic rifle or pistol that accepts a detachable magazine and that has other characteristics of assault weapons, including telescoping stocks, threaded barrels and pistol grips.

Proponents of the reinstatement argue that the number of assault weapons confiscated by police has surged since the end of the ban. Proponents also cite a 1999 National Institute of Justice study showing that murders of police officers by offenders with assault weapons declined from 16 percent of gun murders of police in 1994 and early 1995 to zero percent in the latter half of 1995 to 1996, the first full year the federal assault weapons ban was in effect. However, the same report goes on to state that the total number of such incidents were so rare during the reporting period that the data failed to permit a "reliable assessment" of whether the ban contributed to a general reduction in gun murders of police.

Opponents of the ban's renewal argue that gun crime has not increased substantially since the assault weapons ban expired, and that legally owned assault-type weapons are used for hunting and target practice.

Also See:
Who Cannot Own a Gun in America?
Brady Act Gun Buyer Background Checks

Comments

May 14, 2008 at 9:48 am
(1) name says:

So let me get this straight, they are used so rarely in crime that a reliable assessement can not be made, and yet that justifies infringing the civil rights of millions of Americans? How about we make it illegal for prohibited possesors to have them, and for people to transfer them to prohibited possessors. Oh wait. It’s already illegal. So making everyone a prohibited possessor solves the problem? This is overbearing infringement of constitutionally protected civil rights.

May 14, 2008 at 10:29 pm
(2) Southern Sage says:

Leave it to the Idiocrats to try some foolishness like this.
Idiots one and all.

May 14, 2008 at 11:25 pm
(3) Armed & Christian says:

MOLWN LABE!

May 15, 2008 at 12:55 am
(4) gun control kills says:

They ain’t gettin nothin from me! Molon Labe!

May 15, 2008 at 2:24 am
(5) E. Zach Lee says:

The extra article with this one states who may not own a gun. In the article it states “Illegal aliens, or aliens who were admitted to the United States under a nonimmigrant visa” as one such group. Legal aliens with a non-inmigrant visa may own a gun if they get a hunting license according to the BATFE website. Green card holders may own guns without having a hunting license.

The recent theatrics by the PA mayor, police chief and governor regarding the SKS rifle that was used to kill a police officer give pause to any thinking person. They claim this rifle was meant to pierce body armor and has no hunting purpose. They want the assault rifle ban reinstated but do not want legitimate hunting rifles banned. The vast majority of hunting rifles larger than .22 caliber will defeat body armor. A few are chambered for pistol cartages and will not but most use “high power” rounds. The police chief got egg on his face when he called for reinstatement of the “assault weapons ban” without realizing the SKS rifle used in the killing of the police officer was not included in the ban. It uses a non-removable magazine and is reloaded by stripper clips.

May 15, 2008 at 12:01 pm
(6) waypasthadenough says:

The 2nd Amendment isn’t about hunting four-legged critters. It’s about hunting two-legged tyrants who write, vote for and sign ‘assault weapons’ bans.

When guns are outlawed “Liberal” season must begin or we will become like England:

http://tinyurl.com/426gz2

May 15, 2008 at 1:02 pm
(7) Robert says:

6 — Be careful. The 2nd Amendment does not sanction murder or any other criminal use of firearms. To advocate “hunting” people down in the name of the 2nd amendment only plays into the hands of those who actually would confiscate all privately owned firearms.

May 15, 2008 at 9:25 pm
(8) Doug Graham says:

7 - Robert.
There is no foul in reminding us of the true purpose of the Second Amendment as
noted in The Federalist Papers.

“Murder” is the unjust killing of humans. Resisting tyrants is not unjust.

August 3, 2008 at 2:17 am
(9) Bleeding_Heart says:

And I quote…

“A well regulated MILITIA, being necessary to the security of a free State, the right of the people to keep and bear Arms.”

Definintion of a militia: –noun 1. a body of citizens enrolled for military service, and called out periodically for drill but serving full time only in emergencies.

The 2nd amendment isn’t for killing “two-legged tyrants” its for the military. So the NRA interpretation of the 2nd amendment is wrong in saying that everyone is allowed to have a firearm. I say instead of banning assult weapons, ban all firearms. Reduce gun crime to zero. Then we wouldn’t have stories like this http://www.jsonline.com/story/index.aspx?id=779143.

September 2, 2008 at 10:38 pm
(10) Scott says:

Logic has absolutely nothing to do with legislation such as this. When the feds, over decades, have increased the laws to include misdemeanors and restraining orders to keep even more US citizens from exercising their Second Amendment right, and over time increasing the types of firearms and “loading devices” citizens can’t own. And that same federal government won’t allow citizens under 21 to own handguns, but allows them to fight in defense of the very document they, our politicians (which the vast majority are lawyers) routinely contradict with a handgun issued to every soldier, and that same federal government hires ex-felons into our military, LOGIC obviously has NOTHING to do with legislation like this. It has EVERYTHING to do with control! They have all the time in the world to rid us of our firearms… one way, or the other. And they will because of ignorance, apathy, and cowardace which is so prevalent today within this country. America is, and will be, destroyed from within just like our Forefathers warned us would happen. By the way “Bleeding heart,” go down to the library and read/comprehend the definition of the militia as noted in Title 10, Section 311 of the CURRENT US code. You will find the “organized” and “unorganized militia” definitions absolute! As it was during the Revolutionary War; it is today. The government ran military (the organized militia) fought with and adjacent to the citizen’s military (the UNorganized militia)in order to beat the “Red Coats.” This is why, until such time (which will never happen) the government absolutely defines what firearms the citizenry can own/bear WITHOUT “enfringing” on the Second Amendment, they will continue to squeeze the Second Amendment out of existence without AMENDING the Constitution as our Forefather’s originally intended in order to change it! America is sound asleep. Good night! Our children, and future generations will be cursing us for what we’ve allowed to happen, and will continue to allow to happen.

September 8, 2008 at 9:23 pm
(11) Ric says:

I am tired of hunting being one of the decision making processes when determining whether a weapon has reason to be owned my law abiding citizens. Has anyone heard of target shooting?? Its time we stop slapping laws on law abiding citizens and put all those millions of dollars toward going after the criminals. Criminals don’t care about gun laws; these laws are not stopping them from using a banned weapon. I also collect guns, for example have one rifle that was from WWII. Who has the right to tell me, a law abiding citizen I can’t collect certain types of guns.

When the DC hand gun law ban had passed, gun crime climbed significantly. Thanks for the Supreme Court the citizens of DC again have the right to protect their family, self and home from criminals. Criminals need to understand if they enter a home treating physical harm they may face a lethal response.

One last comment, this is the true interpretation of our second amendment for those who believe gun ownership is limited to, ‘A well regulated MILITIA’. Here is how our Supreme Court defines the wording, ‘on June 26, 2008, The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia’.

The misinterpretation of the wording of, ‘A well regulated MILITIA’, came as a result of copies or the amendment that were made of the original document that had different capitalization and punctuation. Above is the true flavor of its meaning as defined by our Supreme Court.

October 11, 2008 at 10:50 pm
(12) David says:

We already have laws in place to restrict criminals from owning guns, if that worked it would be enough. If they really cared about controlling crime they would do the right thing about illegal immigration, start using manditory minimum sentencing for all violent felons, and dust off those old electric chairs. Guns are useful, murderers aren’t. Every single gun owner I know has too much to loose to do anything stupid with any of their guns. I do most of my shooting at a range. It’s just as much a skill and sport as golf.

October 13, 2008 at 9:35 am
(13) Critter says:

As a member of the US Army, I feel hurt when the government tries this type of thing. As we fight and die to spread democracy and freedom, we come back to places that are completely changed. We come back, and all the sudden, we can’t own the civilian model of the gun that we carried for 12+ months. We can’t buy a gun in .50BMG to compete at long range target competitions because some politician wanted to crack down on the violent crime in their area. Most of the guns used in violent crime are NOT legal weapons. An SKS is an Automatic weapon, and as such is a Class III firearm, requiring a background check to purchase legally. Also, it must be pre-80’s in production. What the government ought to do with weapons issues is channel more funds into anti-smuggling operations and law enforcement to help them track down the illegal guns and remove them from the streets. And as to the body armor thing, most police issue is designed to handle handgun rounds and shotguns at a moderate distance. High power rifles were not factored in, because as they are, the weight of the armor increases. Our issued armor provides protection up to .30 cal rifle, but it is heavy and not comfortable on extremely long missions. There is no denying that it works though.

November 5, 2008 at 10:05 pm
(14) Tempestv says:

Critter- I agree with you, except that the sks is not an automatic weapon. It is a semiauto rifle chambered in the same cartridge as the AK-47 assault rifle and it’s semi auto variations. The SKS has never been produced with the intention of it being a full auto weapon, and due to it’s design, people that have converted them to full auto have found it to be extremely unreliable and dangerous in full auto. As a semiauto, it’s a very handy, cheap, reliable, and reasonably lightweight rifle chambered in a cheap, commonly available cartridge with similar ballistics to a 30-30, the nation’s most popular deer cartridge. I’m a big fan of my Norinco “para” model.

November 8, 2008 at 5:08 am
(15) Voreos says:

I have a vintage 1950 Russian SKS. It still has the issuing numbers burnt/pressed into the stock. It is in fact a semi-auto. As the proposed ban currently stands it will still be a legal firearm. The ammo however will be another story. The reality of this issue thought isn’t how do we translate the constitution, but rather what are we going to do about it? If no one opposes it then it will get passed with ease however if it’s challenged and enough people are involved there is a good chance it could be stopped in the supreme court. If it goes to the supreme court there would even be a chance (depending on arguments presented) that such a ban could be classified as unconstitutional, thus preventing any futher attempts of reinstatment of the said ban. Please excuse the misspelling there.

November 8, 2008 at 11:50 am
(16) The Patriot says:

For everyone out there, I DO NOT CONDONE THE WRONGFUL USE OF FIREARMS. BUT…..
People have been killing people since this world was created. Unfortunatly this is something we have always and WILL always have to live with. BUT… Banning assault weapons or all guns will not change a thing. In fact, and you all are more than welcome to check the facts; More people were killed with knives or sharp objects in the years 1994-2004 than with assualt weapons. Roughly only 6.8 percent of violent crime yearly is commited with your EVIL assault weapons. Even if you banned them PEOPLE WILL STILL KILL EACH OTHER. And criminals will still be able get guns anyway- for the most part criminals dont buy there guns from the gun shop. Most will probably steal them or get them off the Street. Someware most of you have never been. The going rate of a stolen Glock 17 - a $500-600 dollar weapon - is around $150 to $200. So if you could in your infinite wisdom tell me why criminals would be stopped by a ban?! Esp. when the can get them cheaper and not have a paper trail leading the police strait to them with or without it. And even if all firearms were banned do you honestly think the police could confiscate every single firearm. I THINK NOT. The EVIL in this world is humanity as a whole. Not guns,knives,drugs or even fast food for example…its what people decide to do with them. Its mans corrupted heart and soul. Men will kill with a stick if he has nothing else. And believe me it bothers me just as much as everybody else. I have a little girl that has to grow up in this world. Scares me to death. But disarming Americans to make you feel better will not change anything. One day war will probably come to this land, hopefully not in my lifetime but its very likely. And who do you think will be there to defend this great land? Our police and military? God bless them, but there streched awful thin these days. The reason we pretty much lost in Vietnam was because of regular plain jane Vietnamese civilian men who took up arms and defended there country. I know there were other reasons but that was one of the main ones. I hope that America is not foolish enough as a whole to do what some of you people want to do. But it would not suprise me a bit. People always want to blame our downfalls on something or someone else. But as for me, I will do whatever is nesessary to defend myself, my family, and my FREEDOM. NO matter what happens I WILL be armed to defend my family and this great land that we live in. Again I DO NOT CONDONE THE WRONGFUL USE OF FIREARMS NOR THE PEOPLE WHO USE THEM. Good luck America and God bless.
The Patriot

November 11, 2008 at 9:43 pm
(17) 1stUSInfantrySymmsCo says:

So Bleeding_Heart, you mean to tell me you really believe that ALL criminals who commit murders for money and drugs, rob establishments, etc. register there guns or buy them at gun stores or other legitimate means. By saying there would be zero gun crimes if there were a gun ban is in essence what you are saying. How dumb can you be? Gee I guess the black market is just a myth. There are already laws on the book that make it a felony to use a firearm in a crime. Enforcement of existing laws and stiffer penalties is the answer not taking away civil rights. I live in the burbs of Chicago.. you know the murder capital of the US right now. It is illegal to own or purchase a handgun in Chicago or surrounding Cook County. Yet that does not seem to have stopped the huge number of handgun deaths in Chicago. You truly are a genus aren’t you? Just remember when Hitler took over the fist things that went were free speech - 1st amendment, take away the guns - 2nd amendment, formation of the gestapo - Obama’s “civilian security force to be equally funded and prepared as the us military” - The founding fathers understood you could not stand against tyranny if you are not armed. And yes they did understand that there could be a day when the government that they created could turn into one of tyranny. THAT IS WHY WE HAVE THE 2ND AMENDMENT more then any other reason - even hunting!

November 16, 2008 at 12:33 am
(18) Lone Haranguer says:

) Bleeding_Heart says:

And I quote…

“A well regulated MILITIA, being necessary to the security of a free State, the right of the people to keep and bear Arms.”

“THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED” is the operative part of the 2nd amendment.

So says the USSC.

Definintion of a militia: –noun 1. a body of citizens enrolled for military service, and called out periodically for drill but serving full time only in emergencies.

That militia no longer exists having been preempted by the National Guard. The militia was under LOCAL control, the National Guard can be federalized and becomes part of the active military any time the President chooses.

The 2nd amendment isn’t for killing “two-legged tyrants” its for the military.

Wrong. The military doesn’t need an amendment in order to remain armed.

So the NRA interpretation of the 2nd amendment is wrong in saying that everyone is allowed to have a firearm.

You need to get updated. The Supreme Court has affirmed the INDIVIDUAL RIGHT. The 5th Circuit Court affirmed it in 2000.

I say instead of banning assult weapons, ban all firearms. Reduce gun crime to zero.

As worthwhile as passing a law to outlaw sunrise.
Cazador

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