Tag Archives: Federal Assault Weapons Ban

Gun control: Why the fight over universal background checks is the key

The Week

The controversial proposal to ban assault weapons has gone nowhere, and now there’s a new focus in the gun debate

After scrapping a proposed assault-weapons ban, Senate Majority Leader Harry Reid declared this week that the gun-law reform package headed for a vote in early April will include background checks on all gun buyers. Current law requires checks only on sales by licensed gun dealers. Other elements in Washington’s collection of gun-related bills would step up school safety and tighten sanctions on the illegal transfer of firearms, among other things. Reid said he dropped bans on military-style semiautomatic weapons and high-capacity ammunition magazines because he didn’t have enough votes to beat a filibuster by Republicans — and even some red-state Democrats. But he’s drawing a line in the sand over the paperwork on gun buyers. “I want to be clear,” Reid said. “In order to be effective, any bill that passes the Senate must include background checks.”

Gun-control advocates demanded a host of new measures to reduce gun violence after the December massacre at Sandy Hook Elementary School in Newtown, Conn., in which 20 children and six adults were gunned down by a single killer armed with an assault rifle. The ban on military-style weapons and ammo clips were the most headline-grabbing provisions in the bunch, and now that they appear doomed, “a background check requirement is, in the eyes of many, the most important provision left on the table,” says Sean Sullivan at The Washington Post. If Democrats can’t win on this one, they’ll come out of the 2013 gun debate defeated and demoralized.

The lack of traction the assault weapons ban has gotten has already been met with disappointment by some gun-control advocates. But imagine how much broader and deeper the discouragement will be if background checks aren’t passed. The perception that the White House and congressional Democrats failed to pass meaningful reform would be a likely consequence. [Washington Post]

[...]

The [universal background check] will require any citizen selling their gun to go through their local FFL [Federal Firearms Licensed] dealer. That means: you find someone who wants to purchase your firearm. Both of you go to a gun store and pay the gun store a processing fee to do the paperwork on the sale… and if everything turns out okay, the purchaser comes back 30 days later and picks up his gun. If everything does not turn out okay (e.g. if the purchaser has an unpaid parking ticket from 5 years ago) then the sale does NOT go through…

The worst part of UBC will be the check on the seller (that’s you and me). In the interest of getting illegal guns off the street, the left will want to throw in this little addition to the universal background check scheme: the seller must prove that they legally own the gun they are seeking to sell… If you attempt to sell an old shotgun your father left you years ago, to your neighbor you have known for 10 years, both of you must go to the FFL dealer and fill out the paperwork. When it turns out you don’t have a bill of sale for the shotgun IN YOUR NAME, you are now in possession of an illegal gun. The shotgun will be confiscated and the police will now have a reason to search your house for any other illegal weapons you might have in your possession. [American Thinker]

Advocates of the expanded background checks, however, say it would indisputably discourage gun violence. That might explain why the vast majority of the public — including most National Rifle Association members — support this measure, says Zack Beauchamp at Think Progress. “Universal background checks deter criminals from purchasing guns.”

This isn’t really a contestable point. 80 percent of crime guns are purchased through “private” sales, which means from unlicensed dealers at gun shows or other people currently exempted from having to run background checks under federal law. Forcing all sellers to run background checks both deters criminals from buying guns (if they fail the check they can be prosecuted) and prevents a check on sellers that might be inclined to sell to shady characters if they didn’t know they were committing a federal crime. [Think Progress]

 

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Assault Weapons Ban of 2013: Official Summary

Senator Feinstein Assault Weapon Ban 2013

FYI, official notice from Senator Feinstein, et al…

Liberals Unite

Mass shootings in Newtown, Aurora, and Tucson have demonstrated all too clearly the need to regulate military-style assault weapons and high capacity ammunition magazines. These weapons allow a gunman to fire a large number of rounds quickly and without having to reload.

What the bill does:

The legislation bans the sale, transfer, manufacturing and importation of:

  • All semiautomatic rifles that can accept a detachable magazine and have at least one military feature: pistol grip; forward grip; folding, telescoping, or detachable stock; grenade launcher or rocket launcher; barrel shroud; or threaded barrel.
  • All semiautomatic pistols that can accept a detachable magazine and have at least one military feature: threaded barrel; second pistol grip; barrel shroud; capacity to accept a detachable magazine at some location outside of the pistol grip; or semiautomatic version of an automatic firearm.
  • All semiautomatic rifles and handguns that have a fixed magazine with the capacity to accept more than 10 rounds.
  • All semiautomatic shotguns that have a folding, telescoping, or detachable stock; pistol grip; fixed magazine with the capacity to accept more than 5 rounds; ability to accept a detachable magazine; forward grip; grenade launcher or rocket launcher; or shotgun with a revolving cylinder.
  • All ammunition feeding devices (magazines, strips, and drums) capable of accepting more than 10 rounds.
  • 157 specifically-named firearms (listed at the end of this page).

The legislation excludes the following weapons from the bill:

  • Any weapon that is lawfully possessed at the date of the bill’s enactment;
  • Any firearm manually operated by a bolt, pump, lever or slide action;
  • Assault weapons used by military, law enforcement, and retired law enforcement; and
  • Antique weapons.

The legislation protects hunting and sporting firearms:

  • The bill excludes 2,258 legitimate hunting and sporting rifles and shotguns by specific make and model.

The legislation strengthens the 1994 Assault Weapons Ban and state bans by:

  • Moving from a 2-characteristic test to a 1-characteristic test.
    • The bill also makes the ban harder to evade by eliminating the easy-to-remove bayonet mounts and flash suppressors from the characteristics test.
  • Banning dangerous aftermarket modifications and workarounds.
    • Bump or slide fire stocks, which are modified stocks that enable semi-automatic weapons to fire at rates similar to fully automatic machine guns.
    • So-called “bullet buttons” that allow the rapid replacement of ammunition magazines, frequently used as a workaround to prohibitions on detachable magazines.
    • Thumbhole stocks, a type of stock that was created as a workaround to avoid prohibitions on pistol grips.
  • Adding a ban on the importation of assault weapons and large-capacity magazines.
  • Eliminating the 10-year sunset that allowed the original federal ban to expire.

The legislation addresses the millions of assault weapons and large-capacity magazines currently in existence by:

  • Requiring a background check on all sales or transfers of a grandfathered assault weapon.
    • This background check can be run through the FBI or, if a state chooses, initiated with a state agency, as with the existing background check system.
  • Prohibiting the sale or transfer of large-capacity ammunition feeding devices lawfully possessed on the date of enactment of the bill.
  • Allowing states and localities to use federal Byrne JAG grant funds to conduct a voluntary buy-back program for grandfathered assault weapons and large-capacity ammunition feeding devices.
  • Imposing a safe storage requirement for grandfathered firearms, to keep them away from prohibited persons.
  • Requiring that assault weapons and large-capacity ammunition feeding devices manufactured after the date of the bill’s enactment be engraved with the serial number and date of manufacture of the weapon

Assault weapon bans have been proven to be effective

The 1994 Assault Weapons Ban was effective at reducing crime and getting these military-style weapons off our streets. Since the ban expired, more than 350 people have been killed and more than 450 injured by these weapons.

  • A Justice Department study of the assault weapons ban found that it was responsible for a 6.7% decrease in total gun murders, holding all other factors equal.
    • Source: Jeffrey A. Roth & Christopher S. Koper, “Impact Evaluation of the Public Safety and Recreational Firearms Use Protection Act of 1994,” (March 1997).
  • The same study also found that “Assault weapons are disproportionately involved in murders with multiple victims, multiple wounds per victim, and police officers as victims.”
  • The use of assault weapons in crime declined by more than two-thirds by about nine years after 1994 Assault Weapons Ban took effect.
    • Source: Christopher S. Koper, “An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003” (June 2004), University of Pennsylvania, Report to the National Institute of Justice, U.S. Department of Justice.
  • The percentage of firearms seized by police in Virginia that had high-capacity magazines dropped significantly during the ban. That figure has doubled since the ban expired.
  • When Maryland imposed a more stringent ban on assault pistols and high-capacity magazines in 1994, it led to a 55% drop in assault pistols recovered by the Baltimore Police Department.
    • Source: Douglas S. Weil & Rebecca C. Knox, Letter to the Editor, The Maryland Ban on the Sale of Assault Pistols and High-Capacity Magazines: Estimating the Impact in Baltimore, 87 Am. J. of Public Health 2, Feb. 1997.
  • 37% of police departments reported seeing a noticeable increase in criminals’ use of assault weapons since the 1994 federal ban expired.
    • Source: Police Executive Research Forum, Guns and Crime: Breaking New Ground by Focusing on the Local Impact (May 2010).

List of firearms prohibited by name

(See bottom of the article for list of banned weapons)

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Everything You Need To Know About Obama’s Gun Violence Prevention Proposals

Think Progress has laid out the President’s Gun Violence Prevention proposals in one neat package….

Think Progress

In a press conference on Wednesday, President Obama outlined a sweeping effort to prevent gun violence in the United States. Surrounded by children who had written him letters voicing their desire to see gun laws passed, Obama announced that he will sign 23 executive orders and bring a set of proposals to Congress.

The President referenced one child’s letter that read, “I know that laws have to be passed by Congress, but I beg you to try very hard.”

“I promise that I will try very hard,” he said.

Obama also condemned lawmakers who vocally resist any new gun measures, pointing out that the gun policies of Ronald Reagan were more reasonable.

The initiatives cover everything from mental heath, to gun safety, to blocking the most deadly firearms from making it to market. Here are some of the most important efforts the President introduced today:

1. Making background checks universal. Obama wants every single gun owner to go through a proper background check, so it can be determined whether they have a criminal history or diagnosed mental illness. He wants Congress to close the gun show loophole that allows people at gun shows, and private buyers of used weapons, to avoid getting checked. He will also, through executive action, urge private sellers to conduct background checks, even if they aren’t mandatory.

2. Improving state reporting of criminals and the mentally ill. While all states are required to report to the National Instant Criminal Background Check System (NICS) people who should not have access to guns, some states are sluggish about putting the data into the system. Obama will put more money into the hands of the states so that they can improve their reporting systems, and issue stronger guidelines to let states know when they should report people. Obama will also, through Presidential Memorandum, work to make sure agencies are regularly entering data into NICS.

3. Banning assault weapons. This is likely the most difficult battle Obama will undertake. He wants to reinstate the 1994 Assault Weapons Ban, which outlaws military-grade weapons, like the AR-15 used by Newtown gunman Adam Lanza and by Aurora Theater gunman James Holmes. Obama wants Congress to pass the ban, and close some of the loopholes identified in its 1994 iteration.

4. Capping magazine clip capacity at 10 bullets. A military-grade weapon is dangerous, but so are its accessories: Obama proposes banning all extended magazine clips that hold over 10 bullets. Huge magazine clips allow a gunman to fire off hundreds of rounds without having to stop, even once, to reload. The high-capacity magazine ban was also part of the 1994 Assault Weapons Ban.

5. Purging armor-piercing bullets. The sale of armor piercing ammunition has been banned for quite some time, but is still legal to posess such bullets. Obama is calling on Congress to outlaw ownership and transfer of these bullets, instead of just the sale. Those who oppose any gun laws try to spin a ban on armor piercing bullets as a ban on deer hunting ammunition, but such ammo has the ability to penetrate bullet-proof vests, and is more colloquially known as “cop killer bullets.”

6. Funding police officers. Obama wants Congress to reverse its course of austerity for public employees by approving $4 billion to fund police enforcement around the country.

7. Strengthening gun tracking. In order to track weapons that are used for crimes, Obama will issue a memorandum mandating that all agencies trace back firearms. This means that any agency in the country must trace guns used in crimes back to their original owners, as a way to help collect data on where criminal weapons are coming from. Obama will also ask Congress to allow law enforcement to do background checks on guns seized during investigations.

8. Supporting research on gun violence. Obama hopes to be able to gather more information on gun violence and misuse of firearms, and use that data to inform the work of law enforcement. He also wants to restart research, which has been long blocked by the National Rifle Association, on how video games, the media, and violence affect violent gun crimes. The Centers for Disease Control will immediately begin these efforts, but Obama also is calling on Congress to add $10 million to the pot of funding for such research.

9. Encouraging mental health providers to get involved. In order to make sure that those with homicidal thoughts are unable to access the weapons with which to kill, Obama seeks to encourage mental health professionals to alert authorities to such people. He will clarify that doing so is not in violation of patient privacy laws. He also wants to dispel the idea that Obamacare prevents doctors from talking to patients about guns.

10. Promoting safe gun ownership. The administration will start a “responsible gun ownership” campaign to encourage gun owners to lock up their firearms. He will also work with the Consumer Product Safety Commission to make sure safes and gun locks on the market are effective. He’s also calling on the justice department to help him come up with new gun safety technology.

11. Funding school counseling. Obama is calling on Congress to fund the positions of 1,000 news school counselors. The funding will come both through the already-existent COPS Hiring Grant, and through a new Comprehensive School Safety program that Congress will need to sign off on. The latter would put #150 million into funding for new counselors and social workers in schools.

12. Encouraging safe, anti-bullying school environments. Over 8,000 schools could receive new funding — $50 million — under Obama’s plan to encourage safer school environments. Obama wants to help at-risk students by creating a “school climate survey” that will collect data on what services students need, and to remedy any problems by putting professionals into schools. The administration will also issue guidelines on school discipline policies.

13. Recognizing the mental health needs of low-income Americans. Medicaid recipients already qualify for some mental health services, but Obama would like to expand that service so that low-income Americans have the same access to professional help as those who have money to pay for it on their own. Obama will issue a directive to heads of state health programs, enforcing “mental health parity” — the idea that mental health should be treated as a priority as important as physical health.

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The Right Finds Bogeymen Everywhere

As you can see, this is the third consecutive post from Mario Piperni’s website.  I am absolutely in awe of Mario’s artwork and try to dispaly it as often as possible.  Out of all of Mario’s posters, this one stands out.  Not so much as being his best work, but certainly his most powerful work.  It’s an attention grabber and eye opener, indeed.

Mario Piperni

The right-wing rag, The Washington Times, finds nefarious motive in the U.S. blocking South Korea from selling vintage World War II MI rifles stateside.

It’s more likely that the administration is seeking to win the admiration of gun grabbers. Mr. Obama has a history of supporting gun control as a state senator and U.S. senator, but he’s been limited in his ability to implement this anti-gun agenda as president. Democratic members of Congress remember the federal assault-weapons ban as one of the lead issues motivating voters to turn Congress over to Republicans in 1994. Senators facing tight races in pro-gun states don’t want to see a repeat of that midterm landslide. Therefore, the best way for Mr. Obama to appease the gun-grabbing fringe is to take actions that won’t bring too much attention to what he’s doing. As long as the destruction of these rifles stays under the public radar screen, he will have achieved his goal.

Too ridiculous.  As the DailyKos notes, if the President was seeking the “admiration of gun grabbers”, why would he keep the ban on MI rifles “under the public radar screen”?  Why not shout it out from the mountain tops?

There’s just no end to this crap.

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