Assault weapon

From Free net encyclopedia

Although the precise definition is disputed, an assault weapon is generally defined as a semi-automatic firearm that is similar in name, appearance, or design to a fully automatic firearm or military weapon. Note that this term is not synonymous with assault rifle, which has an established technical definition.

There are a variety of different statutory definitions in local, state, and federal laws in the United States that define assault weapons by a set of characteristics they possess. Supporters of gun rights generally consider these uses to be pejorative when used to describe civilian firearms. This term is seldom used outside of the United States in this context.

In United States military parlance, assault weapon generally refers to rocket launchers. The SMAW and SRAW are two examples of rockets currently in the US inventory.

Characteristics

Exact definitions vary, but an assault weapon is most frequently defined as a semi-automatic rifle, shotgun, or pistol with a combination of any or all the following characteristics:

• A detachable magazine holding more than 10 rounds. This is often called a "large" or "high" capacity magazine in legislation even if the firearm was originally designed to operate with a normal capacity magazine of such size;
• Military-style appearance, including semi-automatic replicas of military fully-automatic assault rifles;
• A folding or telescoping stock;
• A grenade launcher, either M203 or rifle grenade types;
• On rifles and shotguns, those with pistol-type grips;
• A bayonet mount;
• Threaded barrel capable of accepting a flash suppressor or sound suppressor (also known as a silencer);
• Weapons that include a barrel shroud or other covering that permits the shooter to hold the firearm with the non-trigger hand without being burned;
• On pistols, those on which the magazine attaches outside of the pistol grip;
• A forward pistol grip;

Exactly which characteristics should be used is a matter of debate and varies between jurisdictions. In the United States, nearly a dozen States have their own differing assault weapons laws. There was also a federal Assault Weapons Ban in the United States which expired in 2004.

Under the former federal Assault Weapons Ban, two such features made a weapon an "assault weapon", in addition to a slate of specific named weapons or replicas thereof. The current ban in California, the nation's most restrictive, applies to any one of several specific features listed above, plus a list of named weapons or replicas.

Additionally, in California, any rifle chambered to fire the .50 BMG cartridge is defined by statute as an assault weapon. Since most .50 BMG rifles lack the characteristics that are commonly used to define assault weapons, and do not differ significantly in their rate of fire or ballistics from many other large caliber rifles, some interpret this as simply a politically-expedient means of banning a type of firearm not previously included in any assault weapon legislation. There have been similar efforts to outlaw the .50 BMG at the federal level by classifying these weapons under the 1934 National Firearms Act, which provides for federal regulation of machine guns, short-barreled shotguns and rifles, suppressors, and destructive devices.

Common misconceptions

The close similarity to the term assault rifle and wide variety of definitions has led to considerable confusion over this term. In addition, inaccurate media reporting and political propaganda have created a common public misperception that this term covers many items regulated in the United States by the National Firearms Act (NFA) of 1934. For instance, although grenade launchers are covered in many of the assault weapons laws, each individual grenade is already controlled, registered, and taxed under the NFA.

Perhaps the largest area of confusion surrounding this term is the difference between a machine-gun and an assault weapon. A machine-gun is universally recognized as a fully automatic weapon, while the current statutory definitions for assault weapons describe them as semi-automatic. Further, the National Firearms Act of 1934 specifically addresses fully automatic weapons, and the private ownership and usage of them is extremely regulated.

There is also the perception that firearms that fall under this category can be easily modified for fully automatic fire. This is not the case since the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations for manufacturers place certain restrictions on firearm product design to comply with the provisions of the National Firearms Act (NFA) of 1934 and the amendments to the McClure-Volkmer Act of 1986 that pertain to machine-gun ownership. These regulations require that semi-automatic firearms sold in the United States be especially difficult to convert to fully automatic operation.

Supporters and Detractors

There are a wide variety of opinions concerning the appropriateness of legislative attempts to ban assault weapons and the suitability of these weapons for private ownership. This section merely attempts to provide the reader with some of the more widely held viewpoints for further consideration.

Those who support legislative attempts to ban assault weapons, including but not limited to groups such as the Brady Campaign and the Coalition to Stop Gun Violence, are highly critical of the private ownership of these weapons. They hold that assault weapons are designed to maximize lethal effects through a rapid rate of fire and by being spray-fired from the hip. They further contend that because of their design, a shooter can maintain control of an assault weapon even while firing many rounds in rapid succession, and thus, assault weapons pose an especially serious threat to public safety and should be banned. They also believe that all Americans have the right to be safe from gun violence in their homes, neighborhoods, schools, and places of work and worship; the availability and lethality of guns, and especially assault weapons, make death or severe injury more likely in domestic violence, criminal activity, suicide attempts, and unintentional shootings; and that it is possible to reduce the number of deaths and injuries caused by gun violence in general with reasonable, common sense policy, but especially through banning assault weapons. Many who oppose weapons of all kinds, but especially assault weapons, contend that there is no need in modern society for weapons, and that weapons only serve to escalate hostile situations, such as in hostage-taking or spree killings.

Those who oppose attempts to ban "assault weapons", including groups such as the National Rifle Association and Gun Owners of America, hold that the statutory laws defining "assault weapons" describe cosmetic appearances, only. As such, the operating characteristics of, and the firepower of these weapons is not significantly different from many other firearms having a different appearance. To bolster this argument, it is often pointed out that many weapons commonly classified as "assault weapons", such as semi-automatic versions of military assault rifles, use smaller calibers and less-powerful ammunition than many legal hunting rifles. They also suggest that these weapons are generally suitable for target shooting, collecting, and when necessary, civil and self defense. They further contend that these types of weapons are not frequently used in crime, as evidenced by US Department of Justice statistics. Authors supporting gun rights such as Kenneth W. Royce additionally counter the "rapid rate of fire and spray-fired from the hip" beliefs by stating that rapid rates of fire do not necessarily increase the lethal effects of weapons, but all too often serve only to convert money (for purchasing ammunition) into noise at a more rapid rate. The end result, according to such authors, is that "assault weapons" only pose an apparent threat to public safety through their appearance, and banning them is for purely political reasons, and not for increasing public safety. Many who oppose attempts to ban assault weapons also assert that the right of Americans to possess them is guaranteed by the Second Amendment.

See also: assault rifle, assault weapons ban, National Firearms Act