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Assault Weapon Ban

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swalsh411

Senior Member
What is the name of your state (only U.S. law)? Federal

Lot of talk going around right now about a new assault weapons ban. Could somebody please define what an "assault weapon" is exactly? I know what an "assault rifle" is but those two terms don't mean the same thing.

I am not trying to start a debate on gun control but I have researched the issue and the definitions of what an "assault weapon" is are all over the place.
 


Mass_Shyster

Senior Member
Here is the definition from the Massachusetts General Laws. Unfortunately, since 18 U.S.C. section 921(a)(30) has been repealed, I cannot find an online copy.

“Assault weapon”, shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.S.C. section 921(a)(30) as appearing in such section on September 13, 1994, and shall include, but not be limited to, any of the weapons, or copies or duplicates of the weapons, of any caliber, known as: (i) Avtomat Kalashnikov (AK) (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; (vi) Steyr AUG; (vii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (viii) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and Striker 12; provided, however, that the term assault weapon shall not include: (i) any of the weapons, or replicas or duplicates of such weapons, specified in appendix A to 18 U.S.C. section 922 as appearing in such appendix on September 13, 1994, as such weapons were manufactured on October 1, 1993; (ii) any weapon that is operated by manual bolt, pump, lever or slide action; (iii) any weapon that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated a semiautomatic assault weapon; (iv) any weapon that was manufactured prior to the year 1899; (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable assault weapon; (vi) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; or (vii) any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.




ETA: I found 921(a)(30) as it was in 1994

(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.
 
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swalsh411

Senior Member
So this is saying that if you remove the pistol group or bayonet mount what was before a banned "assault weapon" is now legal to own? That makes zero sense to me.
 

Mass_Shyster

Senior Member
So this is saying that if you remove the pistol group or bayonet mount what was before a banned "assault weapon" is now legal to own?
First of all, the current go-around are proposed bans, so nobody knows what the final ban will be if and when it is imposed.

The previous ban was enacted in 1994 and expired in 2004. Massachusetts adopted the same ban at the same time but that did not expire, so we still have an assault weapon ban in place.

There are plenty of "pre-ban" firearms for sale. In order to be classified as a pre-ban, it must have been manufactured before 1994, and I'm pretty sure it must not have left the state. There are also pre-ban magazines for sale (capacity over 10 rounds) floating around. One if the current issues is who has the burden of proof (prosecution or defendant) to show the gun/magazine is pre-ban or not.

I also know that people buy guns in New Hampshire, pin the stock (so it won't collapse) and grind off the bayonet lug and voila, it's a Mass Compliant firearm.

That makes zero sense to me.

I cannot comment on that without starting a gun control debate.
 

HighwayMan

Super Secret Senior Member
That makes zero sense to me.

Join the club.

The so-called assault weapons ban was ridiculous - banning firearms based on how they look. The "high-capacity" magazine ban was ridiculous as well. Someone decided on an arbitrary number of rounds as a maximum magazine capacity. This number was ten. No one apparently cares that rather than carry three 15 round magazines for my Glock I can just carry 4 or 5 10 round magazines just as easily. Changing magazines takes less than 2 seconds with very little practice. Bottom line is that the whole thing is smoke and mirrors.

A friend sent me a very good article on the topic and it's worth a read if you're interested:

http://kontradictions.wordpress.com/2012/08/09/why-not-renew-the-assault-weapons-ban-well-ill-tell-you/
 

tranquility

Senior Member
What is the name of your state (only U.S. law)? Federal

Lot of talk going around right now about a new assault weapons ban. Could somebody please define what an "assault weapon" is exactly? I know what an "assault rifle" is but those two terms don't mean the same thing.

I am not trying to start a debate on gun control but I have researched the issue and the definitions of what an "assault weapon" is are all over the place.

I believe the definition is to cover firearms that look scary.
 

HighwayMan

Super Secret Senior Member
I believe the definition is to cover firearms that look scary.

Exactly, with no thought given to their function. Fully automatic weapons are already banned for the general public. One semi-automatic rifle (or pistol) functions just like any other, despite how they look.
 

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