Weapons assault

Volume III. Warhead , AFATL TR-67-13-Vol-3 (1967) (Conf) E) L. Aemow J.J. Piechocki, Multiple Fragment Impact Damage Study , DA-18-017-AMC-3447 (A) (1967) (Conf) F) R.E. Vincent, Scaled Prototype Warhead Study for Dragon (Medium Anti-Tank/ Assault Weapon-Maw) , DRD-15 (1967) (Conf) G) W.H. Snyder C.R, Hoggatt, Performance... 

When one gets down to details, the issue of gun control includes a wide variety of approaches to the regulation of firearm ownership and use. Some of the details of gun control proposals can be arcane and subject to interpretation, such as what exactly constitutes an assault weapon or a Saturday night special. But in general, the debate over gun control involves questions such as the following ... 

Do the semiautomatic rifles and handguns commonly called assault weapons play a significant part in crime Do such weapons have any legitimate uses ... 

The term assault -weapon can be confusing. Originally, it was a military term for a fully automatic rifle (such as the M-16) that could also be fired in short bursts. The purpose of these weapons (first introduced by the Germans in World War II and quickly adopted by the Soviets in the form of the AK-47), is primarily to give an infantry soldier enough firepower to cover an assault on an enemy position. 

It is likely that gun control will be an issue in the 2004 presidential race between Democrat John Kerry and incumbent George W. Bush, but it is unlikely to be a major issue like the economy, Iraq, or the war on terrorism. This does not mean it will not be an important issue, however—in the expected close election, any issue able to motivate even a relatively small number of voters could be decisive. (Indeed, Kerry attacked Bush in September 2004 for allowing the assault weapons ban to lapse without making any real effort on its behalf.) Although not as much so as abortion or same-sex marriage, gun control is a cultural issue. The effects of such issues on political outcomes are always hard to predict. 

The following states ban all or some types of assault weapons California, Connecticut and New Jersey, as well as some jurisdictions in New fork and Ohio. (Hawaii bans assault pistols. ) A number of cities have their own assault weapons bans. These include Albany, New York Atlanta, Georgia Berkeley, California Cleveland, Ohio Columbus, Ohio Denver, Colorado (ban on sale) Los Angeles, California and New York City. 

Under federal law, silencers are treated in the same category as automatic weapons. Armor-piercing ammunition (popularly called cop-killer bullets) were banned in 1986, with an expanded definition of banned bullets in the Violent Crime Control and Law Enforcement Act of 1994 that includes bullets made of tungsten, beryllium, depleted uranium, and other exotic materials. Other accessories can also cause a weapon to be banned (see Assault Weapons above). 

A number of laws regulate the importing of firearms. The Mutual Security Act of 1954 (P.L. No. 83-665) led to the establishment of import controls under the Office of Munitions Control of the Department of State. The Omnibus Crime Control and Safe Streets Act of 1968 (P.L. No. 90-351) together with the Gun Control Act of 1968 banned the import of Saturday night specials and restricted imports of automatic weapons. Further restrictions on semiautomatic assault weapons were added by the Omnibus Violent Crime Control and Prevention Act of 1994 (P.L. No. 103-322). 

Assault weapons and machine guns Sonzinsky v. United States Addison V. Williams Arnold v. Cleveland Cincinnati v. Langan Benjamin V. Bailey Springfield Armoty v. City of Columbus Coalition of New Jersey Sportsmen v. Whitman... 

In 1989 the city council of Cleveland, Ohio, passed an ordinance banning assault weapons —basically, semiautomatic rifles or shotguns with high-capacity magazines. Harry W. Arnold and others appealed to the courts to overturn this law as being unconstimtional. 

In another Ohio case, Peter Langan was convicted of violating an assault weapons ban similar to that in Cleveland mentioned in the previous case. He appealed the conviction on various grounds, and the case went to the Ohio Court of Appeals. 

A firearms dealer and two prospective purchasers joined together to challenge the constitutionality of a ban on assault weapons enacted by the city of Columbus, Ohio. 

According to the court The ordinance defines assault weapon as any one of thirty-four specific rifles, three specific shotguns and nine specific pistols, or [ojther models by the same manufacturer with the same action design that have slight modifications or enhancements. ... The plaintiffs claimed that because the law referred only to specific models by specific manufac-mrers (or possible future models by the same manufacturers), it was an un-constimtional bill of attainder. (A bill of attainder is a law that punishes specific individuals without trial.) The plaintiffs also argued that the law was unconstitutionally vague. 

This case is a challenge to a Connecticut assault weapons ban brought by DeForest H. Benjamin and a variety of other plaintiffs, including a gun manufacturer called Navegar, which was doing business as Intratec. The ban involved both a list of specific weapons (such as the AK-47) as well as specifying similar weapons such as AK-47-type guns. The trial and appeals courts rejected the suit, which was then appealed to the Connecticut Supreme Court. 

There were three major issues (1) Did the assault weapons ban violate the state constitution s guarantee of the right of a person to bear arms in defense of himself and the state (2) Did the ban violate equal protection principles by treating gun owners differently based on hard-to-distinguish characteristics of their weapons (3) Was the law an unconstitutional bill of... 

If the approach shown by the Connecticut court continues to predominate, a carefully written state assault weapons ban is likely to withstand all legal challenges. 

The Coalition of New Jersey Sportsmen, a group of gun clubs, as well as some gun manufacturers and dealers, sued the governor of New Jersey to overturn the state s ban on assault weapons. This law specified particular makes and models of semiautomatic weapons that could no longer be possessed, but guns that were substantially identical to the listed guns could also be banned. (This was an attempt to prevent manufacturers from simply changing model names or making minor cosmetic modifications in order to get around the ban.)... 

The federal district court ruled that the statute was not vague, because it addresses an understandable core of banned guns and adequately puts gun owners on notice that their weapon could be prohibited. The Court also ruled that the law did not violate anyone s equal protection rights any burden on those rights was acceptable because the rationality of the link between public safety and proscribing assault weapons is obvious. Finally, under the lesser standards protecting commercial speech under the First Amendment, no violation of free speech rights was found. 

A similar California case (Kasler v. Lockyer, Cal. 4th [2000]) also included a claim that the state s assault weapons law violated the Second Amendment. However, the Ninth Circuit Court of Appeals in upholding the law also ruled that because the Second Amendment does not confer an individual right to own or possess arms, we affirm the dismissal of all claims brought pursuant to that constitutional provision. ... 

Because this is the position that seems to be prevalent in the various appeals circuits, the usual result in such cases is to apply the lower rational basis test to state firearms laws, as was done in the New Jersey case. In most cases involving assault weapons or gun safety it is likely the courts will find that the state did have a rational basis in enacting the law. 

The 1980s introduces deadlier weapons to America s streets, including such semiautomatic pistols as the Clock and Tec-9 and, to a lesser extent, semiautomatic ( assault ) rifles such as the AK-47. Media exposure to such weapons in drug- and gang-related violence helps to spur support for gun control in general and a ban on semiautomatic assault weapons in particular. 

California adopts the Roberti-Roos Assault Weapon Act. It bans many types of semiautomatic weapons and bans sales by unlicensed dealers. 

In another major victory for gun control advocates. Congress passes the Assault Weapons Ban Bill, which bans 19 semiautomatic firearms described as assault weapons. ... 

January 17 At his confirmation hearing, U.S. Attorney General John Ashcroft reiterates the Bush administration s support for extending the ban on assault weapons when it comes up for renewal. 

April The Bush administration through spokesperson Scott McClellan affirms its continuing support for the assault weapons ban and for renewing the law. 

March 2 A bill to shield gun manufacturers and dealers from lawsuits is overwhelmingly defeated in the Senate. The Republicans had withdrawn their support for the bill after Democrats had succeeded in adding amendments that would renew the ban on assault weapons, require child safety locks on all handguns, and require background checks on gun purchases at gun shows. 

July 6 Former presidents Gerald Ford, Jimmy Carter, and Bill Clinton appeal to President George W. Bush to take action to prevent the federal assault weapons han from lapsing. However, Congress is expected to end the current session without further action. 

September 13 The federal assault weapons ban expires. In the presidential campaign. Democrat John Kerry charges that President George W. Bush had bowed to NRA pressure in declining to make any effort to renew the law. 

Barbara Boxer, U.S. senator from California, elected to the Senate in 1992 after having served 10 years in the House. In addition to working for women s issues and health care. Boxer has been a strong advocate in the Senate for gun control, including the Brady Bill, the Assault Weapons Ban, and the attaching of gun control provisions to more recent crime bills. 

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