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This concise, easy-to-read report by the Educational Fund to Stop Gun Violence explains why assault weapons are the guns of choice for criminals, and makes the case for renewing and strengthening the federal assault weapons ban. As a supplement to the report, the Educational Fund has produced a model assault weapons ban that advocates and policymakers can promote in their states and cities.
Read the Report...
http://www.csgv.org/content/pdf/awb_report.pdf
Read the Model Law...
http://www.csgv.org/content/pdf/awb_modellaw.pdf
Model Law
Assault Weapons Ban
Section 1: Title. This Act shall be known as the Assault Weapons Ban of 20xx.
Section 2: Findings.
1) The [insert appropriate law-making entity] finds the following:
a) Semiautomatic assault weapons are military-style guns designed to quickly kill
large numbers of people. The shooter can simply point – as opposed to carefully
aim – the weapon to quickly spray a wide area with a hail of bullets.
b) According to FBI data, between 1998 and 2001, one in five law enforcement
officers slain in the line of duty was killed with an assault weapon.
c) Gun manufacturers have for many years made, marketed and sold to civilians
semiautomatic versions of military assault weapons designed with features
specifically intended to increase lethality for military applications.
d) Assault weapons have been used in America’s most notorious massacres,
including the 1999 massacre at Columbine High School (TEC-DC9 assault pistol
and Hi-Point Carbine) and the 2002 Washington, DC-area sniper shootings
(Bushmaster XM15 assault rifle). [Insert similar shootings, as appropriate,
that have occurred within the jurisdiction]
e) The availability of military-style assault weapons poses a valid threat to the
health and safety of the citizenry.
f) [Insert appropriate state specific findings here when applicable. For
example, “According to state/local police, assault weapons are routinely
recovered during police investigations of other crimes…â€]
Section 3: Definitions.
1) The term “assault weapon†shall mean:
a) Any semiautomatic pistol or semiautomatic or pump-action rifle that is capable of
accepting a detachable magazine and that also possesses any of the following:
i) If the firearm is a rifle, a pistol grip located rear of the trigger;
ii) If the firearm is a rifle, a stock in any configuration, including but not limited to
a thumbhole stock, a folding stock or a telescoping stock, that allows the
bearer of the firearm to grasp the firearm with the trigger hand such that the
web of the trigger hand, between the thumb and forefinger, can be placed
below the top of the external portion of the trigger during firing;
iii) If the firearm is a pistol, a shoulder stock of any type or configuration,
including but not limited to a folding stock or a telescoping stock;
iv) A barrel shroud;
v) A muzzle brake or muzzle compensator;
vi) Any feature capable of functioning as a protruding grip that can be held by the
hand that is not the trigger hand;
b) Any pistol that is capable of accepting a detachable magazine at any location
outside of the pistol grip;
c) Any semiautomatic pistol, or any semiautomatic, center-fire rifle with a fixed
magazine that has the capacity to accept more than 10 rounds of ammunition;
d) Any shotgun capable of accepting a detachable magazine;
e) Any shotgun with a revolving cylinder;
f) Any conversion kit or other combination of parts from which an assault weapon,
as defined herein, can be assembled if the parts are in the possession or under
the control of any person.
2) The term “detachable magazine†shall mean a magazine, the function of which is to
deliver one or more ammunition cartridges into the firing chamber, which can be
removed from the firearm without the use of any tool, including a bullet or
ammunition cartridge.
3) The term “barrel shroud†shall mean a covering, other than a slide, that is attached
to, or that substantially or completely encircles, the barrel of a firearm and that
allows the bearer of the firearm to hold the barrel with the non-shooting hand while
firing the firearm, without burning that hand, except that the term shall not include an
extension of the stock along the bottom of the barrel that does not substantially or
completely encircle the barrel.
4) The term “muzzle brake†shall mean a device attached to the muzzle of a weapon
that utilizes escaping gas to reduce recoil.
5) The term “muzzle compensator†shall mean a device attached to the muzzle of a
weapon that utilizes escaping gas to control muzzle movement.
6) The term “conversion kit†shall mean any part or combination of parts designed and
intended for use in converting a firearm into an assault weapon.
Section 3: Prohibitions.
a) No person in this State shall manufacture, possess, purchase, sell or otherwise
transfer any assault weapon, or any assault weapon conversion kit, except as
authorized by subsection (c) of this section. Any assault weapon or assault
weapon conversion kit the manufacture, possession, purchase, sale or other
transfer of which is prohibited under this Section is a public nuisance.
b) No person in this State shall possess or have under his or her control at one time
both of the following:
1) a semiautomatic or pump-action rifle or semiautomatic pistol capable of
accepting a detachable magazine; and
2) any magazine capable of use with that firearm that contains more than 10
rounds of ammunition.
c) Subsection (a) of this section shall not apply to any of the following:
1) The possession of an unloaded assault weapon for the purpose of
permanently relinquishing it to a law enforcement agency in this State,
pursuant to regulations adopted for such purpose by [insert appropriate
state law enforcement agency]. Any assault weapon relinquished
pursuant to this subsection shall be destroyed;
2) The transfer of any assault weapon by a licensed manufacturer or dealer
to a law enforcement agency in this State for use by that agency or its
employees for law enforcement purposes;
3) The possession of an assault weapon that was legally possessed on the
effective date of this act, if and only if the person legally possessing the
assault weapon has complied with all of the requirements of subsection
(e) of this section;
4) The possession of an assault weapon that has been permanently disabled
so that it is incapable of discharging a projectile.
d) Subsection (b) of this section shall not apply to any person:
1) While lawfully engaged in shooting at a duly licensed, lawfully operated
shooting range;
2) While lawfully participating in a sporting event officially sanctioned by a
club or organization established in whole or in part for the purpose of
sponsoring sport shooting events.
e) In order to continue to possess an assault weapon that was legally possessed on
the effective date of this Act, the person possessing the assault weapon shall do
all of the following:
1) Within 90 days following the effective date of this Act, submit to a
background check identical to the background check conducted in
connection with the purchase of a firearm from a licensed gun dealer.
2) Unless the person is prohibited by law from possessing a firearm,
immediately register the assault weapon with the [insert appropriate law
enforcement agency] pursuant to regulations adopted for such purpose
by [insert appropriate law enforcement agency].
3) Safely and securely store the assault weapon pursuant to regulations
adopted for such purpose by [insert appropriate law enforcement
agency]. The [insert appropriate law enforcement agency] may, no
more than once per year, conduct an inspection to ensure compliance with
this subsection.
4) Annually renew both the registration and the background check.
5) Possess the assault weapon only on property owned or immediately
controlled by the person, or while engaged in the legal use of the assault
weapon at a duly licensed firing range, or while traveling to or from either
of these locations for the purpose of engaging in the legal use of the
assault weapon, provided that the assault weapon is stored unloaded and
in a separate locked container during transport.
f) Notwithstanding any other provision of this Act, any person in this State who,
after the effective date of this Act, acquires title to an assault weapon by
inheritance, bequest, or succession, shall, within 30 days of acquiring title, do
one of the following:
1) Comply with all of the requirements of subsection (e);
2) Dispose of the assault weapon pursuant to subsection (c)(1); or
3) Permanently disable the assault weapon so that it is incapable of
discharging a projectile.
g) The [insert appropriate law enforcement agency] may charge a fee for each
registration and for each registration renewal pursuant to section (e). However,
such fee may not exceed the costs incurred by the [insert appropriate law
enforcement agency] in administering the registration program established
under subsection (e).
Section 4: Penalties
a) Any person convicted of violating subsection (a) or subsection (b) of section (3)
of this Act shall be guilty of a felony.
b) Any person convicted of violating subsection (e) of section (3) of this Act shall be
guilty of a felony. Any such violation shall also result in the immediate revocation
of the registration of every assault weapon registered to such person.
This concise, easy-to-read report by the Educational Fund to Stop Gun Violence explains why assault weapons are the guns of choice for criminals, and makes the case for renewing and strengthening the federal assault weapons ban. As a supplement to the report, the Educational Fund has produced a model assault weapons ban that advocates and policymakers can promote in their states and cities.
Read the Report...
http://www.csgv.org/content/pdf/awb_report.pdf
Read the Model Law...
http://www.csgv.org/content/pdf/awb_modellaw.pdf
Model Law
Assault Weapons Ban
Section 1: Title. This Act shall be known as the Assault Weapons Ban of 20xx.
Section 2: Findings.
1) The [insert appropriate law-making entity] finds the following:
a) Semiautomatic assault weapons are military-style guns designed to quickly kill
large numbers of people. The shooter can simply point – as opposed to carefully
aim – the weapon to quickly spray a wide area with a hail of bullets.
b) According to FBI data, between 1998 and 2001, one in five law enforcement
officers slain in the line of duty was killed with an assault weapon.
c) Gun manufacturers have for many years made, marketed and sold to civilians
semiautomatic versions of military assault weapons designed with features
specifically intended to increase lethality for military applications.
d) Assault weapons have been used in America’s most notorious massacres,
including the 1999 massacre at Columbine High School (TEC-DC9 assault pistol
and Hi-Point Carbine) and the 2002 Washington, DC-area sniper shootings
(Bushmaster XM15 assault rifle). [Insert similar shootings, as appropriate,
that have occurred within the jurisdiction]
e) The availability of military-style assault weapons poses a valid threat to the
health and safety of the citizenry.
f) [Insert appropriate state specific findings here when applicable. For
example, “According to state/local police, assault weapons are routinely
recovered during police investigations of other crimes…â€]
Section 3: Definitions.
1) The term “assault weapon†shall mean:
a) Any semiautomatic pistol or semiautomatic or pump-action rifle that is capable of
accepting a detachable magazine and that also possesses any of the following:
i) If the firearm is a rifle, a pistol grip located rear of the trigger;
ii) If the firearm is a rifle, a stock in any configuration, including but not limited to
a thumbhole stock, a folding stock or a telescoping stock, that allows the
bearer of the firearm to grasp the firearm with the trigger hand such that the
web of the trigger hand, between the thumb and forefinger, can be placed
below the top of the external portion of the trigger during firing;
iii) If the firearm is a pistol, a shoulder stock of any type or configuration,
including but not limited to a folding stock or a telescoping stock;
iv) A barrel shroud;
v) A muzzle brake or muzzle compensator;
vi) Any feature capable of functioning as a protruding grip that can be held by the
hand that is not the trigger hand;
b) Any pistol that is capable of accepting a detachable magazine at any location
outside of the pistol grip;
c) Any semiautomatic pistol, or any semiautomatic, center-fire rifle with a fixed
magazine that has the capacity to accept more than 10 rounds of ammunition;
d) Any shotgun capable of accepting a detachable magazine;
e) Any shotgun with a revolving cylinder;
f) Any conversion kit or other combination of parts from which an assault weapon,
as defined herein, can be assembled if the parts are in the possession or under
the control of any person.
2) The term “detachable magazine†shall mean a magazine, the function of which is to
deliver one or more ammunition cartridges into the firing chamber, which can be
removed from the firearm without the use of any tool, including a bullet or
ammunition cartridge.
3) The term “barrel shroud†shall mean a covering, other than a slide, that is attached
to, or that substantially or completely encircles, the barrel of a firearm and that
allows the bearer of the firearm to hold the barrel with the non-shooting hand while
firing the firearm, without burning that hand, except that the term shall not include an
extension of the stock along the bottom of the barrel that does not substantially or
completely encircle the barrel.
4) The term “muzzle brake†shall mean a device attached to the muzzle of a weapon
that utilizes escaping gas to reduce recoil.
5) The term “muzzle compensator†shall mean a device attached to the muzzle of a
weapon that utilizes escaping gas to control muzzle movement.
6) The term “conversion kit†shall mean any part or combination of parts designed and
intended for use in converting a firearm into an assault weapon.
Section 3: Prohibitions.
a) No person in this State shall manufacture, possess, purchase, sell or otherwise
transfer any assault weapon, or any assault weapon conversion kit, except as
authorized by subsection (c) of this section. Any assault weapon or assault
weapon conversion kit the manufacture, possession, purchase, sale or other
transfer of which is prohibited under this Section is a public nuisance.
b) No person in this State shall possess or have under his or her control at one time
both of the following:
1) a semiautomatic or pump-action rifle or semiautomatic pistol capable of
accepting a detachable magazine; and
2) any magazine capable of use with that firearm that contains more than 10
rounds of ammunition.
c) Subsection (a) of this section shall not apply to any of the following:
1) The possession of an unloaded assault weapon for the purpose of
permanently relinquishing it to a law enforcement agency in this State,
pursuant to regulations adopted for such purpose by [insert appropriate
state law enforcement agency]. Any assault weapon relinquished
pursuant to this subsection shall be destroyed;
2) The transfer of any assault weapon by a licensed manufacturer or dealer
to a law enforcement agency in this State for use by that agency or its
employees for law enforcement purposes;
3) The possession of an assault weapon that was legally possessed on the
effective date of this act, if and only if the person legally possessing the
assault weapon has complied with all of the requirements of subsection
(e) of this section;
4) The possession of an assault weapon that has been permanently disabled
so that it is incapable of discharging a projectile.
d) Subsection (b) of this section shall not apply to any person:
1) While lawfully engaged in shooting at a duly licensed, lawfully operated
shooting range;
2) While lawfully participating in a sporting event officially sanctioned by a
club or organization established in whole or in part for the purpose of
sponsoring sport shooting events.
e) In order to continue to possess an assault weapon that was legally possessed on
the effective date of this Act, the person possessing the assault weapon shall do
all of the following:
1) Within 90 days following the effective date of this Act, submit to a
background check identical to the background check conducted in
connection with the purchase of a firearm from a licensed gun dealer.
2) Unless the person is prohibited by law from possessing a firearm,
immediately register the assault weapon with the [insert appropriate law
enforcement agency] pursuant to regulations adopted for such purpose
by [insert appropriate law enforcement agency].
3) Safely and securely store the assault weapon pursuant to regulations
adopted for such purpose by [insert appropriate law enforcement
agency]. The [insert appropriate law enforcement agency] may, no
more than once per year, conduct an inspection to ensure compliance with
this subsection.
4) Annually renew both the registration and the background check.
5) Possess the assault weapon only on property owned or immediately
controlled by the person, or while engaged in the legal use of the assault
weapon at a duly licensed firing range, or while traveling to or from either
of these locations for the purpose of engaging in the legal use of the
assault weapon, provided that the assault weapon is stored unloaded and
in a separate locked container during transport.
f) Notwithstanding any other provision of this Act, any person in this State who,
after the effective date of this Act, acquires title to an assault weapon by
inheritance, bequest, or succession, shall, within 30 days of acquiring title, do
one of the following:
1) Comply with all of the requirements of subsection (e);
2) Dispose of the assault weapon pursuant to subsection (c)(1); or
3) Permanently disable the assault weapon so that it is incapable of
discharging a projectile.
g) The [insert appropriate law enforcement agency] may charge a fee for each
registration and for each registration renewal pursuant to section (e). However,
such fee may not exceed the costs incurred by the [insert appropriate law
enforcement agency] in administering the registration program established
under subsection (e).
Section 4: Penalties
a) Any person convicted of violating subsection (a) or subsection (b) of section (3)
of this Act shall be guilty of a felony.
b) Any person convicted of violating subsection (e) of section (3) of this Act shall be
guilty of a felony. Any such violation shall also result in the immediate revocation
of the registration of every assault weapon registered to such person.
