Proposed federal AWB 2013

[cwlongshot]

Assault Weapons Ban of 2013


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.

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 document).



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.
o 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.
o Bump or slide fire stocks, which are modified stocks that enable semi-automatic weapons to fire at rates similar to fully automatic machine guns.
o So-called "bullet buttons" that allow the rapid replacement of ammunition magazines, frequently used as a workaround to prohibitions on detachable magazines.
o 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.
o 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.
o 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.
o Source: David S. Fallis and James V. Grimaldi, "In Virginia, high-yield clip seizures rise," Washington Post, at http://www.washingtonpost.com/wpdyn/...012204046.html

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.
o 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.
o 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

Rifles: All AK types, including the following: AK, AK47, AK47S, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector Arms AK- 47, VEPR, WASR-10, and WUM, IZHMASH Saiga AK, MAADI AK47 and ARM, Norinco 56S, 56S2, 84S, and 86S, Poly Technologies AK47 and AKS; All AR types, including the following: AR-10, AR-15, Armalite M15 22LR Carbine, Armalite M15-T, Barrett REC7, Beretta AR-70, Bushmaster ACR, Bushmaster Carbon 15, Bushmaster MOE series, Bushmaster XM15, Colt Match Target Rifles, DoubleStar AR rifles, DPMS Tactical Rifles, Heckler & Koch MR556, Olympic Arms, Remington R-15 rifles, Rock River Arms LAR-15, Sig Sauer SIG516 rifles, Smith & Wesson M&P15 Rifles, Stag Arms AR rifles, Sturm, Ruger & Co. SR556 rifles; Barrett M107A1; Barrett M82A1; Beretta CX4 Storm; Calico Liberty Series; CETME Sporter; Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C; Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000; Feather Industries AT-9;Galil Model AR and Model ARM; Hi-Point Carbine; HK-91, HK-93, HK-94, HK-PSG-1 and HK USC; Kel-Tec Sub-2000, SU-16, and RFB; SIG AMT, SIG PE-57, Sig Sauer SG 550, and Sig Sauer SG 551; Springfield Armory SAR-48; Steyr AUG; Sturm, Ruger Mini-14 Tactical
Rife M-14/20CF; All Thompson rifles, including the following: Thompson M1SB, Thompson T1100D, Thompson T150D, Thompson T1B, Thompson T1B100D, Thompson T1B50D,
Thompson T1BSB, Thompson T1-C, Thompson T1D, Thompson T1SB, Thompson T5, Thompson T5100D, Thompson TM1, Thompson TM1C; UMAREX UZI Rifle; UZI Mini
Carbine, UZI Model A Carbine, and UZI Model B Carbine; Valmet M62S, M71S, and M78; Vector Arms UZI Type; Weaver Arms Nighthawk; Wilkinson Arms Linda Carbine.

Pistols: All AK-47 types, including the following: Centurion 39 AK pistol, Draco AK-47 pistol, HCR AK-47 pistol, IO Inc. Hellpup AK-47 pistol, Krinkov pistol, Mini Draco AK-47 pistol,
Yugo Krebs Krink pistol; All AR-15 types, including the following: American Spirit AR-15 pistol, Bushmaster Carbon 15 pistol, DoubleStar Corporation AR pistol, DPMS AR-15 pistol,
Olympic Arms AR-15 pistol, Rock River Arms LAR 15 pistol; Calico Liberty pistols; DSA SA58 PKP FAL pistol; Encom MP-9 and MP-45; Heckler & Koch model SP-89 pistol; Intratec
AB-10, TEC-22 Scorpion, TEC-9, and TEC-DC9; Kel-Tec PLR 16 pistol; The following MAC types: MAC-10, MAC-11; Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA
Tactical Pistol, and MPA Mini Tactical Pistol; Military Armament Corp. Ingram M-11, Velocity Arms VMAC; Sig Sauer P556 pistol; Sites Spectre; All Thompson types, including the following: Thompson TA510D, Thompson TA5; All UZI types, including: Micro-UZI.

Shotguns: Franchi LAW-12 and SPAS 12; All IZHMASH Saiga 12 types, including the following: IZHMASH Saiga 12, IZHMASH Saiga 12S, IZHMASH Saiga 12S EXP-01,
IZHMASH Saiga 12K, IZHMASH Saiga 12K-030, IZHMASH Saiga 12K-040 Taktika; Streetsweeper; Striker 12.

Belt-fed semiautomatic firearms: All belt-fed semiautomatic firearms including TNW M2HB.

[tom548]

I like the way they use % to explain thing. I would rather see the actual # of more or less. From 2 used per year to 3 used per year is a high percent gain but when people see the actual # used in is a small rise.
 
 I hope this has a s little chance of passing as some people claim.

[SharonAnne]

the only accurate numbers are from the FBI Uniform Crime Report. by the year they show that crime has been decreasing since before the 1994 AWB. The reports also show that rifles of all kinds are used in a disproportionately small number of crimes.

The ONLY reason they keep hammering on GUN crime is because once disarmed me are helpless. The disarmed are SUBJECTS, 

THE ARMED ARE CALLED FREE MEN.

[jcn59]

I don't think compliance with an illegal/unconstitutional law is our patriotic calling.  Do you?

[mechanic]

Gun control ain't about guns...just control.
 
Ben

[mcwoodduck]

Why do i think we are going to here the Obama Care, "we need to pass the law to see what is in the law" and new regulations and added items will be in the last version. 

[mcwoodduck]

Now the Armalite 180 is a piston rifle. and the Armalite M15 is a gas operated rifle.
What if we change the designs a little and make a piston M15 with a stock similar to a T/C encore rifle stock and call it a Model 51, or take the Armalite 180, make it a gas system, and put it in a Browning Bar stock.  and call it an Armalite M81. 
Naming the rifle and having a picture of it, and changing the model, and the profile can get around the ban.
In the 90's they simply made thumb whole stocks.
And the SKS action was used to make AK style rifles with leggo kits.

[SharonAnne]

in the 2013 AWB they have added ' and anything like it'.  Not a quote but close enough.

[SharonAnne]

I just read the list. The Springfield M1A is not on it.

[jcn59]

The general misconception is that any statute passed by legislators bearing the appearance of
law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and
any statute, to be valid, must be in agreement. It is impossible for a law, which violates the
Constitution to be valid. This is succinctly stated as follows:

“All laws which are repugnant to the Constitution are null and void.”

Marbury vs. Madison, 5
US (2 Cranch) 137, 174, 176, (1803)

“When rights secured by the Constitution are involved, there can be no rule making or
legislation which would abrogate them.”

Miranda vs. Arizona, 384 US 436 p. 491.

“An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no
protection; it creates no office; it is in legal contemplation, as inoperative as though it had never
been passed.”

Norton vs. Shelby County 118 US 425 p. 442

“The general rule is that an unconstitutional statute, though having the form and name of law, is
in reality no law, but is wholly void, and ineffective for any purpose, since unconstitutionality
dates from the time of its enactment, and not merely from the date of the decision so branding it.

“No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” 16
Am Jur 2nd, Sec 177 late 2d, Sec 256

[SharonAnne]

Thanks jcn59