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==History== | ==History== | ||
After several ]s, two in California in ] and ], and one in Louisville, Kentucky in ], work began on federal legislation to prohibit the importation of what were referred to at the time as "semi-automatic assault rifles"<ref name="Roth-Koper ImpactEval1997">{{cite journal |last=Roth |first=Jeffrey A. |last2=Koper |first2=Christopher S. |year=1997 |title=Impact Evaluation of the Public Safety and Recreational Firearms Use Protection Act of 1994 |location=Washington, D.C. |publisher=The Urban Institute |format=PDF |url=http://www.urban.org/UploadedPDF/aw_final.pdf }}</ref>{{rp|10}}<ref name="Mohr 890315"/> In March 1989, the ] moved to ban the importation of this type of firearm under provisions of the 1968 Gun Control Act;<ref name="Mohr 890315">{{cite news |title=U.S. Bans Imports of Assault Rifles in Shift by Bush |first=Charles |last=Mohr |url=http://www.nytimes.com/1989/03/15/us/us-bans-imports-of-assault-rifles-in-shift-by-bush.html |newspaper=The New York Times |date=March 15, 1989 }}</ref> this ban was made permanent later in July.<ref name="Rasky 890708">{{cite news |title=Import Ban on Assault Rifles Becomes Permanent |first=Susan F. |last=Rasky |url=http://www.nytimes.com/1989/07/08/us/import-ban-on-assault-rifles-becomes-permanent.html |newspaper=The New York Times |date=July 8, 1989 }}</ref> In May 1990, the U.S. Senate voted for further restriction on the importation and manufacture of the firearms that were then identified as "assault weapons".<ref name="PittsPress 900523">{{cite news |author=<!--Staff writer(s); no by-line.--> |title=Senate restricts assault weapon imports, production |url=http://news.google.com/newspapers?id=onk0AAAAIBAJ&sjid=6pYEAAAAIBAJ&dq=assault-weapon&pg=7212%2C4372530 |newspaper=The Pittsburgh Press |agency=Associated Press |date=May 23, 1990 |page=A13 }}</ref> | |||
In May 1989, ] became the first state in the U.S. to pass an assault weapons ban,<ref name=Ingram890519>{{cite news |last=Ingram |first=Carl |date=May 19, 1989 |title=Assault Gun Ban Wins Final Vote : Deukmejian's Promised Approval Would Make It 1st Such U.S. Law |url=http://articles.latimes.com/1989-05-19/news/mn-112_1_assault-weapons-ban-military-style-assault-types-of-semiautomatic-rifles |newspaper=Los Angeles Times |location= |publisher= |accessdate=April 20, 2014 }}</ref> followed by ] 12 months later,<ref name=DePalma900518>{{cite news |last=DePalma |first=Anthony |date=May 18, 1990 |title=New Jersey Votes the Strictest Law In the Nation on Assault Weapons |url=http://www.nytimes.com/1990/05/18/nyregion/new-jersey-votes-the-strictest-law-in-the-nation-on-assault-weapons.html |newspaper=New York Times |location= |publisher= |accessdate=April 20, 2014 }}</ref> and ] in June 1993.<ref name=Johnson930609>{{cite news |last=Johnson |first=Kirk |date=June 9, 1993 |title=Weicker Signs Bill to Forbid Assault Rifles |url=http://www.nytimes.com/1993/06/09/nyregion/weicker-signs-bill-to-forbid-assault-rifles.html |newspaper=New York Times |location= |publisher= |accessdate=April 20, 2014 }}</ref> A federal-level ban was passed in September 1994, but it expired in 2004. Between its passage and expiration, four more states passed assault weapons bans: ], ], ], and ].<ref name=Koerner040916>{{cite journal |last=Koerner |first=Brendan |date=September 16, 2004 |title=What Is an Assault Weapon? At last, you can get a semiautomatic rifle with a bayonet. |url=http://www.slate.com/articles/news_and_politics/explainer/2004/09/what_is_an_assault_weapon.html |journal=Slate |location= |publisher=The Slate Group |accessdate=April 27, 2014 }}</ref> | In May 1989, ] became the first state in the U.S. to pass an assault weapons ban,<ref name=Ingram890519>{{cite news |last=Ingram |first=Carl |date=May 19, 1989 |title=Assault Gun Ban Wins Final Vote : Deukmejian's Promised Approval Would Make It 1st Such U.S. Law |url=http://articles.latimes.com/1989-05-19/news/mn-112_1_assault-weapons-ban-military-style-assault-types-of-semiautomatic-rifles |newspaper=Los Angeles Times |location= |publisher= |accessdate=April 20, 2014 }}</ref> followed by ] 12 months later,<ref name=DePalma900518>{{cite news |last=DePalma |first=Anthony |date=May 18, 1990 |title=New Jersey Votes the Strictest Law In the Nation on Assault Weapons |url=http://www.nytimes.com/1990/05/18/nyregion/new-jersey-votes-the-strictest-law-in-the-nation-on-assault-weapons.html |newspaper=New York Times |location= |publisher= |accessdate=April 20, 2014 }}</ref> and ] in June 1993.<ref name=Johnson930609>{{cite news |last=Johnson |first=Kirk |date=June 9, 1993 |title=Weicker Signs Bill to Forbid Assault Rifles |url=http://www.nytimes.com/1993/06/09/nyregion/weicker-signs-bill-to-forbid-assault-rifles.html |newspaper=New York Times |location= |publisher= |accessdate=April 20, 2014 }}</ref> A federal-level ban was passed in September 1994, but it expired in 2004. Between its passage and expiration, four more states passed assault weapons bans: ], ], ], and ].<ref name=Koerner040916>{{cite journal |last=Koerner |first=Brendan |date=September 16, 2004 |title=What Is an Assault Weapon? At last, you can get a semiautomatic rifle with a bayonet. |url=http://www.slate.com/articles/news_and_politics/explainer/2004/09/what_is_an_assault_weapon.html |journal=Slate |location= |publisher=The Slate Group |accessdate=April 27, 2014 }}</ref> | ||
In December 2012 |
In January 2013, following the December 2012 ] in Newtown, Connecticut, the Assault Weapons Ban of 2013 ({{USBill|113|S.|150}}, AWB 2013) was introduced in the ].<ref name=Steinhauer130124>{{cite news |title=Senator Unveils Bill to Limit Semiautomatic Arms |author=Steinhauer, Jennifer |url=http://www.nytimes.com/2013/01/25/us/politics/senator-unveils-bill-to-limit-semiautomatic-arms.html |newspaper=The New York Times |date=January 24, 2013 |accessdate=May 26, 2014}}</ref><ref name=CSPAN130124>{{cite AV media |people=Sen. Dianne Feinstein, Rev. Gary Hall, Rep. ], et al |date=January 24, 2013 |title=Assault Weapons Ban Bill |medium=video |url=http://www.c-span.org/video/?310581-1/assault-weapons-ban-bill |format= |location=Washington, D.C. |publisher=National Cable Satellite Corporation |accessdate=April 13, 2014 }}</ref> The bill was similar to the 1994 ban, but differed in that it used a one-feature test for a firearm to qualify as an assault weapon rather than the two-feature test of the 1994 ban.<ref name=USAToday130124>{{cite news |last=Kucinich |first=Jackie |date=January 24, 2013 |title=Democrats reintroduce assault weapons ban |url=http://www.usatoday.com/story/news/politics/2013/01/24/assault-weapons-ban-feinstein-democrats/1861493/ |newspaper=USA Today |location= |publisher= |accessdate=April 13, 2014 }}</ref> On April 17, 2013, AWB 2013 failed on a vote of 60 to 40.<ref name=Simon130417>{{cite news |title=Senate votes down Feinstein's assault weapons ban |last=Simon |first=Richard |url=http://www.latimes.com/news/politics/la-pn-dianne-feinstein-assault-weapons-vote-20130417,0,5349684.story |newspaper=Los Angeles Times |date=April 17, 2013 |accessdate= }}</ref> | ||
===Origin and definition of the term ''assault weapon''=== | ===Origin and definition of the term ''assault weapon''=== | ||
{{main|Assault weapon}} | {{main|Assault weapon}} | ||
How assault weapons are defined and banned varies from jurisdiction to jurisdiction. The term ''assault weapon'' may have been created by the media,<ref name="Assault_Weapon_media_invention">{{cite news |title=In State With 'Assault Weapons' Ban, Lanza's Rifle Still Legal |author=Kauffman, Matthew |url=http://articles.courant.com/2012-12-18/news/hc-newtown-assault-weapons-20121217_1_assault-weapon-lethal-weapon-rifle |newspaper=The Courant |location=Hartford, Connecticut |date=December 18, 2012 |accessdate=January 2, 2013 |quote=The term 'assault weapon,' as used by the media, is a media invention. These are semi-automatic firearms that have military cosmetic characteristics. They look like our military firearms, but they're not.}}</ref> or by gun control activists,<ref name="intentional_confusion">{{cite web |url=http://www.saf.org/LawReviews/Tartaro1.htm |title= The Great Assault Weapon Hoax |publisher= University of Dayton Law Review Symposium, Violent Crime Control and Law Enforcement Act of 1994, vol. 20, no. 2, 1995: 557 |author= Tartaro, Joseph P. |year=1995 |accessdate=January 3, 2013 |quote=One of the key elements of the anti-gun strategy to gull the public into supporting bans on the so-called "assault weapons" is to foster confusion. As stated previously, the public does not know the difference between a full automatic and a semi-automatic firearm. They have been further hoodwinked by the television charades of people like New York's former Governor Mario Cuomo talking about semi-automatic firearms while the camera shows a full automatic firing. Fully automatic weapons have been strictly regulated and registered since 1934. Real assault weapons are controlled by the 1934 law and by laws in most states. There is no need for a new law on semi-automatic firearms. However, the anti-gunners responsible for the hoax have continued to perpetuate it by exploiting public confusion.}}</ref><ref name="Sugarmann_popularized">{{cite news |title=Is it fair to call them ‘assault weapons’? |author=Blake, Aaron |url=http://www.washingtonpost.com/blogs/the-fix/wp/2013/01/17/is-it-fair-to-call-them-assault-weapons/ |newspaper=Washington Post |date=January 17, 2013 |accessdate=January 30, 2013 |quote=The term 'assault weapon' became widely used starting the late 1980s. Many attribute its popularization to a 1988 paper written by gun-control activist and Violence Policy Center founder Josh Sugarmann and the later reaction to a mass shooting at a Stockton, Calif., school in January 1989. }}</ref> or by the firearms industry itself.<ref name=NYTimesComplicated>{{cite news |title=Even Defining 'Assault Rifles' Is Complicated |author=Goode, Erica |url=http://www.nytimes.com/2013/01/17/us/even-defining-assault-weapons-is-complicated.html?pagewanted=all |newspaper=New York Times |date=January 16, 2013 |accessdate=January 18, 2013}}</ref><ref name=SJMNWhatIs>{{cite news |title=Assault Weapons: What Are They, and Should They Be Banned? |author=Richman, Josh |url=http://www.mercurynews.com/nation-world/ci_22396050/assault-weapons-what-are-they-and-should-they |newspaper=San Jose Mercury News |date=January 18, 2013 |accessdate=January 19, 2013}}</ref><ref name=VPCGILies>{{cite web |url=http://www.vpc.org/studies/hosesix.htm |title=Bullet Hoses: Semiautomatic Assault Weapons—What Are They? What's So Bad About Them? |author=<!--no byline--> |year=2003 |publisher=Violence Policy Center |location=Washington, D.C. |at=The Gun Industry's Lies}}</ref> The term is sometimes ] with '']'', which refers to military rifles capable of ] fire |
How assault weapons are defined and banned varies from jurisdiction to jurisdiction. The term ''assault weapon'' may have been created by the media,<ref name="Assault_Weapon_media_invention">{{cite news |title=In State With 'Assault Weapons' Ban, Lanza's Rifle Still Legal |author=Kauffman, Matthew |url=http://articles.courant.com/2012-12-18/news/hc-newtown-assault-weapons-20121217_1_assault-weapon-lethal-weapon-rifle |newspaper=The Courant |location=Hartford, Connecticut |date=December 18, 2012 |accessdate=January 2, 2013 |quote=The term 'assault weapon,' as used by the media, is a media invention. These are semi-automatic firearms that have military cosmetic characteristics. They look like our military firearms, but they're not.}}</ref> or by gun control activists,<ref name="intentional_confusion">{{cite web |url=http://www.saf.org/LawReviews/Tartaro1.htm |title= The Great Assault Weapon Hoax |publisher= University of Dayton Law Review Symposium, Violent Crime Control and Law Enforcement Act of 1994, vol. 20, no. 2, 1995: 557 |author= Tartaro, Joseph P. |year=1995 |accessdate=January 3, 2013 |quote=One of the key elements of the anti-gun strategy to gull the public into supporting bans on the so-called "assault weapons" is to foster confusion. As stated previously, the public does not know the difference between a full automatic and a semi-automatic firearm. They have been further hoodwinked by the television charades of people like New York's former Governor Mario Cuomo talking about semi-automatic firearms while the camera shows a full automatic firing. Fully automatic weapons have been strictly regulated and registered since 1934. Real assault weapons are controlled by the 1934 law and by laws in most states. There is no need for a new law on semi-automatic firearms. However, the anti-gunners responsible for the hoax have continued to perpetuate it by exploiting public confusion.}}</ref><ref name="Sugarmann_popularized">{{cite news |title=Is it fair to call them ‘assault weapons’? |author=Blake, Aaron |url=http://www.washingtonpost.com/blogs/the-fix/wp/2013/01/17/is-it-fair-to-call-them-assault-weapons/ |newspaper=Washington Post |date=January 17, 2013 |accessdate=January 30, 2013 |quote=The term 'assault weapon' became widely used starting the late 1980s. Many attribute its popularization to a 1988 paper written by gun-control activist and Violence Policy Center founder Josh Sugarmann and the later reaction to a mass shooting at a Stockton, Calif., school in January 1989. }}</ref> or by the firearms industry itself.<ref name=NYTimesComplicated>{{cite news |title=Even Defining 'Assault Rifles' Is Complicated |author=Goode, Erica |url=http://www.nytimes.com/2013/01/17/us/even-defining-assault-weapons-is-complicated.html?pagewanted=all |newspaper=New York Times |date=January 16, 2013 |accessdate=January 18, 2013}}</ref><ref name=SJMNWhatIs>{{cite news |title=Assault Weapons: What Are They, and Should They Be Banned? |author=Richman, Josh |url=http://www.mercurynews.com/nation-world/ci_22396050/assault-weapons-what-are-they-and-should-they |newspaper=San Jose Mercury News |date=January 18, 2013 |accessdate=January 19, 2013}}</ref><ref name=VPCGILies>{{cite web |url=http://www.vpc.org/studies/hosesix.htm |title=Bullet Hoses: Semiautomatic Assault Weapons—What Are They? What's So Bad About Them? |author=<!--no byline--> |year=2003 |publisher=Violence Policy Center |location=Washington, D.C. |at=The Gun Industry's Lies}}</ref> The term is sometimes ] with '']'', which refers to military rifles capable of ] fire;<ref>{{cite web|url=http://www.britannica.com/EBchecked/topic/39165/assault-rifle |title="Assault rifle." Encyclopædia Britannica. 2010. Encyclopædia Britannica Online. 03 Jul. 2010 |publisher=Britannica.com |date= |accessdate=January 2, 2013 }}</ref> in the U.S. such firearms are regulated by ] and state laws. In 1994, the U.S. Justice Department gave this basic definition: "In general, assault weapons are semiautomatic firearms with a ] of ammunition that were designed and configured for rapid fire and combat use."<ref name=Levs130113>{{cite news |last=Levs |first=Josh |date=January 31, 2013 |title=Loaded language poisons gun debate |url=http://www.cnn.com/2013/01/31/politics/gun-language/index.html |publisher=Cable News Network |accessdate=April 27, 2014 }}</ref> Gun rights advocates prefer the term '']'', which was created by the firearms industry in 2009.<ref name=OutdoorWireLuthRetires>{{cite web|title=DPMS Founder and President Retires|url=http://www.theoutdoorwire.com/story/1260775574jux81fpyv51|publisher=The Outdoor Wire Digital Network|date=14 December 2009|accessdate=16 August 2013|quote=Luth's quest to introduce the hunting market to the AR platform was recognized in January 2009 when he was named to the Outdoor Life's OL-25, and later chosen by online voters as the OL-25 "Reader's Choice" recipient. The recent campaign by the NSSF to educate hunters everywhere about the "modern sporting rifle" can be directly attributed to Luth's push to make AR rifles acceptable firearms in the field, the woods and on the range.}}</ref> | ||
One of the earliest official uses of the term dates to 1985 when California Assemblyman ] introduced a bill seeking to place restrictions on semi-automatic firearms capable of using detachable magazines of 20 rounds or more.<ref name=G&A1985>{{cite journal|title=California: gun control's primary target.|journal=Guns & Ammo Magazine|date=November 1, 1985}}</ref> In his bill, ], these guns were categorized as "assault firearms".<ref name=G&A1985/> Speaking to the Assembly Public Safety Committee Agnos said, "The only use for assault weapons is to shoot people."<ref name=LATimes-Ingram>{{cite news |last=Ingram |first=Carl |title=Restricting of Assault-Type Guns Okd by Assembly Unit |url=http://articles.latimes.com/1985-04-09/news/mn-27984_1_machine-guns |newspaper=Los Angeles Times |date=April 9, 1985}}</ref> | One of the earliest official uses of the term dates to 1985 when California Assemblyman ] introduced a bill seeking to place restrictions on semi-automatic firearms capable of using detachable magazines of 20 rounds or more.<ref name=G&A1985>{{cite journal|title=California: gun control's primary target.|journal=Guns & Ammo Magazine|date=November 1, 1985}}</ref> In his bill, ], these guns were categorized as "assault firearms".<ref name=G&A1985/> Speaking to the Assembly Public Safety Committee Agnos said, "The only use for assault weapons is to shoot people."<ref name=LATimes-Ingram>{{cite news |last=Ingram |first=Carl |title=Restricting of Assault-Type Guns Okd by Assembly Unit |url=http://articles.latimes.com/1985-04-09/news/mn-27984_1_machine-guns |newspaper=Los Angeles Times |date=April 9, 1985}}</ref> |
Revision as of 14:37, 28 May 2014
This article is about a kind of gun control in the United States. For other uses of the term, see Assault weapons ban (disambiguation).Assault weapons legislation in the United States are laws (active, expired, proposed or failed) that define and restrict or make illegal the manufacture, transfer, and possession of assault weapons. How these firearms are defined and regulated varies from jurisdiction to jurisdiction. In 1994, the Justice Department gave this basic definition: "In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that are designed and configured for rapid fire and combat use."
The Federal Assault Weapons Ban (AWB) was enacted in 1994, and expired in 2004. Attempts to renew it have failed, as have attempts to pass a new ban, such as the Assault Weapons Ban of 2013 (AWB 2013). Seven U.S. states have assault weapons bans: three were enacted before the 1994 federal ban and four more passed before the federal ban expired.
The 1994 federal and 1989 state ban in California were prompted by the 1989 Cleveland Elementary School shooting in Stockton, California. Existing and proposed weapon bans come under renewed interest in the wake of mass shootings, most recently after the December 2012 Sandy Hook Elementary School shooting in Newtown, Connecticut. In addition to state bans, Washington, D.C., and some U.S. counties and municipalities have assault weapons laws.
History
After several mass shootings, two in California in 1984 and 1989, and one in Louisville, Kentucky in 1989, work began on federal legislation to prohibit the importation of what were referred to at the time as "semi-automatic assault rifles" In March 1989, the Bush administration moved to ban the importation of this type of firearm under provisions of the 1968 Gun Control Act; this ban was made permanent later in July. In May 1990, the U.S. Senate voted for further restriction on the importation and manufacture of the firearms that were then identified as "assault weapons".
In May 1989, California became the first state in the U.S. to pass an assault weapons ban, followed by New Jersey 12 months later, and Connecticut in June 1993. A federal-level ban was passed in September 1994, but it expired in 2004. Between its passage and expiration, four more states passed assault weapons bans: Hawaii, Maryland, Massachusetts, and New York.
In January 2013, following the December 2012 Sandy Hook Elementary School shooting in Newtown, Connecticut, the Assault Weapons Ban of 2013 (S. 150, AWB 2013) was introduced in the U.S. Senate. The bill was similar to the 1994 ban, but differed in that it used a one-feature test for a firearm to qualify as an assault weapon rather than the two-feature test of the 1994 ban. On April 17, 2013, AWB 2013 failed on a vote of 60 to 40.
Origin and definition of the term assault weapon
Main article: Assault weaponHow assault weapons are defined and banned varies from jurisdiction to jurisdiction. The term assault weapon may have been created by the media, or by gun control activists, or by the firearms industry itself. The term is sometimes conflated with assault rifle, which refers to military rifles capable of fully automatic fire; in the U.S. such firearms are regulated by federal and state laws. In 1994, the U.S. Justice Department gave this basic definition: "In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use." Gun rights advocates prefer the term modern sporting rifle, which was created by the firearms industry in 2009.
One of the earliest official uses of the term dates to 1985 when California Assemblyman Art Agnos introduced a bill seeking to place restrictions on semi-automatic firearms capable of using detachable magazines of 20 rounds or more. In his bill, AB 1509, these guns were categorized as "assault firearms". Speaking to the Assembly Public Safety Committee Agnos said, "The only use for assault weapons is to shoot people."
Enacted and active
State assault weapon bans
It has been suggested that portions of Gun control after the Sandy Hook Elementary School shooting (sections "New York" and "Connecticut" and "Maryland") be split from it and merged into this section. (Discuss) (April 2014) |
Jurisdiction | Status | - By Make/
Model |
Semiauto
rifles |
Semiauto
pistols |
Shotguns | Features
test |
Magazine
capacity |
---|---|---|---|---|---|---|---|
California | In force | N | N | N | N | N | N |
Connecticut | In force | N | N | N | N | N | N |
District of Columbia | In force | N | N | N | N | N | N |
Hawaii | In force | N | N | N | |||
Maryland | In force | N | N | N | N | N | N |
Massachusetts | In force | N | N | N | N | N | N |
New Jersey | In force | N | N | N | N | N | N |
New York | In force | N | N | N | N | N | N |
Three U.S. states passed assault weapons bans before Congress passed the federal Assault Weapons Ban of 1994: California in 1989, New Jersey in 1990, and Connecticut in 1993. Four others passed assault weapons bans before AWB 1994 expired in 2004: Hawaii, Maryland, Massachusetts and New York.
California
1989
Main article: Roberti-Roos Assault Weapons Control Act of 1989In May 1989, California became the first state in the U.S. to pass an assault weapons ban, after the January 1989 Cleveland Elementary School shooting in Stockton. The Roberti-Roos Assault Weapons Control Act of 1989, or AWCA, banned semi-automatic firearms that it classified as assault weapons: over 50 specific brands and models of rifles, pistols, and shotguns. It also banned magazines that it classified as large capacity (those able to hold more than 10 rounds of ammunition). Guns and magazines legally owned at the time the law was passed were grandfathered in if registered with the California Department of Justice.
1999
In March 1999, State Senator Don Perata introduced Senate Bill 23 (SB 23). The bill had three provisions: to make illegal the manufacture, importation, sale or offer, or to give or lend any large-capacity magazine as defined as having the capacity to accept more than ten rounds; the addition of a "generic" definition list to the existing Roberti-Roos legislation; and the exemption to allow on and off duty and retired peace officers the use of assault weapons. They are defined in Penal Code §12276.1 and §30515. The bill was passed and went into effect on January 1, 2000.
Connecticut
See also: Gun laws in ConnecticutIn June 1993, Connecticut became the third U.S. state, after California and New Jersey, to pass an assault weapons ban. In April 2013, four months after the Sandy Hook Elementary School shooting, the Connecticut General Assembly passed new restrictions to the state's existing assault weapons ban. The law was challenged, but a federal judge upheld it and ruled it constitutional. Gun owners said they would appeal.
Connecticut prohibits any person from possessing an assault weapon unless the weapon was possessed prior to July 1, 1994, and the possessor:
- Was eligible to apply for a certificate of possession for the assault weapon by July 1, 1994;
- Lawfully possessed the assault weapon prior to October 1, 1993; and
- Is not in violation of Connecticut General Statutes §§ 53-202a to 53-202k (assault weapon regulations), and Connecticut General Statutes § 53-202o (affirmative defense in prosecution for possession of specified assault weapon). It also prohibits any person from distributing, transporting, importing into the state, keeping, offering or exposing for sale, or giving an assault weapon to any person.
Connecticut defines an "assault weapon" as:
- Any "selective-fire" firearm capable of fully automatic, semi-automatic or "burst fire" at the option of the user;
- Any semi-automatic centerfire rifle, regardless of the date produced, that has the ability to accept a detachable magazine and has at least one of the following features: 1) A folding or telescoping stock; 2) Any grip of the weapon, including a pistol grip, thumbhole stock, or other stock that would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing; 3) A forward pistol grip; 4) A flash suppressor; or 5) A grenade or flare launcher;
- A semi-automatic pistol that has an ability to accept a detachable magazine and has at least one of the following features: 1) The ability to accept a detachable ammunition magazine that attaches at some location outside the pistol grip; 2) A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer; 3) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm without being burned (except a slide that encloses the barrel); or 4) A second hand grip;
- A semi-automatic shotgun that has both of the following features: 1) A folding or telescoping stock; or 2) Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing;
- A semiautomatic, centerfire rifle that has: 1) a fixed magazine that can accept more than 10 rounds of ammunition; or 2) an overall length of less than 30 inches;
- A semiautomatic pistol with a fixed magazine that has the ability to accept more than 10 rounds of ammunition;
- A semiautomatic shotgun that can accept a detachable magazine; or
- A shotgun with a revolving cylinder.
Connecticut also bans listed makes and models of semiautomatic firearms and copies of those firearms. Grandfather clauses and other exceptions apply, depending.
Hawaii
See also: Gun laws in HawaiiHawaiian law bans the manufacture, possession, sale or other transfer of what it defines as assault pistols. Hawaii defines an "assault pistol" as a semiautomatic handgun that accepts a detachable magazine and that has two or more of:
- An ammunition magazine that attaches to the pistol outside of the pistol grip;
- A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;
- A shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the second hand without being burned;
- A manufactured weight of 50 ounces or more when the pistol is unloaded;
- A centerfire pistol with an overall length of 12 inches or more; or
- A semiautomatic version of an automatic firearm.
In tandem with the assault pistol ban is a law that bans the manufacture, possession, sale or other transfer of detachable ammunition magazines with capacities greater than 10 rounds that are capable of use with a pistol.
Hawaii was one of seven U.S. states to have an assault weapons ban in place prior to the September 2004 sunset of the now defunct federal Assault Weapons Ban of 1994.
Maryland
See also: Gun laws in MarylandMaryland law prohibits the possession, sale, transfer, purchase, receipt, or transportation into the state of assault weapons defined as assault pistols and assault long guns. Maryland's definition of an "assault long gun" includes a list of 45 specific firearms or their copies, with certain variations. Maryland's definition of an "assault pistol" includes a list of 15 specific firearms or their copies, with certain variations. Maryland also defines an assault weapon "copycat weapon" as:
- A semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following: a folding stock; a grenade or flare launcher; or a flash suppressor;
- A semiauto centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds;
- A semiauto centerfire rifle that has an overall length of less than 29 inches;
- A semiauto pistol with a fixed magazine that can accept more than 10 rounds;
- A semiauto shotgun that has a folding stock; or
- A shotgun with a revolving cylinder.
In tandem with the assault weapons ban is a law that bans the manufacture, possession, sale or other transfer of detachable magazines with capacities greater than 20 rounds.
Maryland was one of seven U.S. states to have an assault weapons ban in place prior to the September 2004 sunset of the now defunct federal Assault Weapons Ban of 1994.
Massachusetts
See also: Gun laws in MassachusettsMassachusetts law bans the sale, transfer, or possession of assault weapons not otherwise lawfully possessed on September 13, 1994. Massachusetts defines "assault weapon" by the definition of "semiautomatic assault weapon" in the federal assault weapons ban of 1994. That definition included:
- A list of firearms by name and copies of those firearms;
- Semi-automatic rifles and pistols capable of accepting a detachable magazine and having at least two specified characteristics; and
- Semi-automatic shotguns having at least two specified characteristics.
In tandem with the assault weapons ban is a law that bans the sale, transfer, or possession of a large capacity feeding device unless such device was lawfully possessed on September 13, 1994. The definition of "large capacity feeding device" included: a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than 10 rounds of ammunition or more than 5 shotgun shells; or a large capacity ammunition feeding device as defined in the federal assault weapons ban of 1994.
Massachusetts was one of seven U.S. states to have an assault weapons ban in place prior to the September 2004 sunset of the now defunct federal Assault Weapons Ban of 1994.
New Jersey
See also: Gun laws in New JerseyIn May 1990, New Jersey became the second state in the U.S. to pass an assault weapons ban, after California. At the time, it was the toughest assault weapons ban in the nation. AR-15 platform, semi-automatic rifles are illegal in New Jersey, and owning and publicly carrying other guns require separate licensing processes.
Although it is commonly referred to as an assault weapons ban, New Jersey's law actually uses the term "assault firearm" to define banned and regulated guns. Some New Jersey gun advocates have called its laws "draconian." Attorney Evan Nappen, author of several books on New Jersey gun laws, says the term is "misapplied and carries with it a pejorative meaning."
New York
See also: Gun laws in New YorkNew York law bans the manufacture, transport, disposal or possession an assault weapon in the state. It defines an "assault weapon" as:
- A semi-automatic rifle or pistol able to accept a detachable magazine and that has at least one of from a list of characteristics;
- A semi-automatic shotgun that has at least one from a list of characteristics; or
- A revolving cylinder shotgun.
In tandem with the assault weapons ban is a law that bans the manufacture, transport, disposal or possession of a "large capacity ammunition feeding device," defined as: "a magazine, belt, drum, feed strip, or similar device that: 1) has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; 2) contains more than seven rounds of ammunition; or 3) is obtained after January 15, 2013 and has a capacity of, or can be readily restored or converted to accept more than seven rounds of ammunition."
New York was one of seven U.S. states to have an assault weapons ban in place prior to the September 2004 sunset of the now defunct federal Assault Weapons Ban of 1994.
County and municipal bans
Some local governments have laws that ban or restrict the possession of assault weapons.
District of Columbia
A Washington, D.C. law banning the possession of assault weapons was upheld by a federal appeals court in 2011.
Illinois
The law that set up Illinois' concealed carry system in 2013 also established state preemption for certain areas of gun law, including restrictions on assault weapons. Laws passed before July 20, 2013 are grandfathered in, and a number of local governments in the Chicago area have laws that either prohibit or regulate the possession of firearms that they define as assault weapons. These include the city of Chicago and Cook County.
Indiana
In March 1989 the Northwest Indiana cities of Gary and East Chicago city councils passed ordinances prohibiting both sale and possession of assault weapons. Gary City Councilman Vernon G. Smith (D-4th) sponsored the ordinance making it a crime to possess or sell assault-type weapons.
Massachusetts
Boston has a law prohibiting the possession or transfer of assault weapons without a license from the Boston Police Commissioner.
Expired and inactive
Federal Assault Weapons Ban
Main article: Federal Assault Weapons BanThe assault weapons ban tried to address public concern about mass shootings while limiting the impact on recreational firearms use.
In November 1993, the ban passed the U.S. Senate, although its author, Dianne Feinstein, D-CA, and other advocates said that it was a weakened version of the original proposal. In January 1994, Josh Sugarmann, executive director of the Violence Policy Center, said handguns and assault weapons should be banned. In May of that year, former presidents Gerald R. Ford, Jimmy Carter, and Ronald Reagan, wrote to the U.S. House of Representatives in support of banning "semi-automatic assault guns." They cited a 1993 CNN/USA Today/Gallup Poll that found 77 percent of Americans supported a ban on the manufacture, sale, and possession of such weapons. Rep. Jack Brooks, D-TX, then chair of the House Judiciary Committee, tried to remove the ban from the crime bill but failed.
The Public Safety and Recreational Firearms Use Protection Act, commonly called the Federal Assault Weapons Ban (AWB 1994), was enacted in September 1994. Its two primary provisions banned: semi-automatic firearms that had two "military-style" features, and large-capacity magazines (LCMs, also called high-capacity magazines). The ban only applied to weapons and magazines manufactured after the law's enactment; possession and transfer of weapons and magazines legally owned before enactment was not restricted. Critics of the assault weapon definition said that, on civilian guns, military features were largely cosmetic.
The ban, including the ban on high-capacity magazines, became defunct (expired) in September 2004 per a 10-year sunset provision. Proposals in 2003, 2005, 2007, and 2008 to reauthorize or reinstitute the ban were not passed.
Proposed and failed
1985 - California
In March 1985, state Assemblyman Art Agnos (D-San Francisco) introduced Assembly Bill 1509 which would prohibit the sale of firearms that can be converted to automatic weapons or machine guns. The proposed legislation would have made it illegal to manufacture, import, sell, transport or transfer an "assault firearm" or their ammunition magazines. Anyone who owned such a firearm once the bill became law could keep them. Anyone wishing to purchase this type of firearm would be required to obtain a special permit from the attorney general similar to those issued for machine guns. At the time the bill was introduced, the only people with such permits were film makers and weapons designers.
The bill was introduced after a 1984 shooting incident at a McDonalds restaurant in San Ysidro, CA where a semi-automatic version of machine gun was used. This bill would have been in addition to existing laws that made possession of machine guns and "semi-automatic to automatic" conversion kits serious felonies in California.
The following month, the bill passed through the Ways and Means Committee and was approved by the Assembly Public Safety Committee with the support of law enforcement officials although it was opposed by the National Rifle Association. In the same session, the committee endorsed an anti-street gang measure by Assemblywoman Maxine Waters (D-Los Angeles) that would have allowed authorities to charge a minor with a felony for possessing a concealable weapon without parental consent. At the time the crime was a misdemeanor. The bill was sponsored by the Los Angeles County Board of Supervisors and gave prosecutors and judges the ability to decide whether a minor should be charged with a misdemeanor or a felony punishable by up to three years in prison.
The original text of AB 1509 included .22 caliber rimfire firearms, but was changed to include the following specific types of ammunition: 9mm, .45 caliber, .308 caliber, .380 caliber, .223 caliber or 5.56mm NATO cartridges.
When AB1509 came for a vote for the first time before the California Assembly 45 assemblymen voted against it and was later designated as "inactive".
2012 - California
In May 2012, state Senator Leland Yee (D-San Francisco) together with fellow Senator Kevin de León introduced Senate Bill 249 (SB 249) which became known as the "bullet button" bill. The bill was an attempt to close a loophole in one of the state's gun control laws. At the time it was illegal for manufacturers to sell certain guns with detachable magazines or the capacity that allows for repeat firing. Some manufacturers had been selling firearms with tools, or conversion kits, that allowed it to be reloaded quickly. The purpose of SB 249 was to ban such devices, including "bullet buttons." Yee stated, "Absent this bill, California's assault weapon ban is significantly weakened. For the safety of the general public, we must close this loophole." The bill made its way through the Public Safety Committee and others, but ultimately died without further action in November of 2012.
On December 18, four days after the Sandy Hook Elementary shooting, Senator Yee introduced Senate Bill 47 (SB 47) to modify the existing California assault weapons law. The modification would have added to the prohibited list any firearm that has a fixed magazine in addition to the assault weapons that are equipped with detachable magazine. The bill was suspended by the Appropriations Committee in August 2013.
2013 - Federal
Main article: Assault Weapons Ban of 2013Efforts to pass a new federal assault weapons ban were renewed on December 14, 2012, after the Sandy Hook Elementary School shooting in Newtown, Connecticut - the deadliest primary or secondary school shooting in U.S. history. On January 24, 2013, Dianne Feinstein introduced S. 150, the Assault Weapons Ban of 2013 (AWB 2013), in the U.S. Senate. The bill was similar to the 1994 federal ban, but differed in that it used a one-feature test for a firearm to qualify as an assault weapon rather than the two-feature test of the 1994 ban. On April 17, 2013, AWB 2013 failed on a Senate vote of 60 to 40.
References
- ^ Levs, Josh (January 31, 2013). "Loaded language poisons gun debate". Cable News Network. Retrieved April 27, 2014.
- Roth, Jeffrey A.; Koper, Christopher S. (1997). "Impact Evaluation of the Public Safety and Recreational Firearms Use Protection Act of 1994" (PDF). Washington, D.C.: The Urban Institute.
{{cite journal}}
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(help) - ^ Mohr, Charles (March 15, 1989). "U.S. Bans Imports of Assault Rifles in Shift by Bush". The New York Times.
- Rasky, Susan F. (July 8, 1989). "Import Ban on Assault Rifles Becomes Permanent". The New York Times.
- "Senate restricts assault weapon imports, production". The Pittsburgh Press. Associated Press. May 23, 1990. p. A13.
- ^ Ingram, Carl (May 19, 1989). "Assault Gun Ban Wins Final Vote : Deukmejian's Promised Approval Would Make It 1st Such U.S. Law". Los Angeles Times. Retrieved April 20, 2014.
- ^ DePalma, Anthony (May 18, 1990). "New Jersey Votes the Strictest Law In the Nation on Assault Weapons". New York Times. Retrieved April 20, 2014.
- ^ Johnson, Kirk (June 9, 1993). "Weicker Signs Bill to Forbid Assault Rifles". New York Times. Retrieved April 20, 2014.
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- ^ Steinhauer, Jennifer (January 24, 2013). "Senator Unveils Bill to Limit Semiautomatic Arms". The New York Times. Retrieved May 26, 2014.
- ^ Sen. Dianne Feinstein, Rev. Gary Hall, Rep. Carolyn McCarthy et al. (January 24, 2013). Assault Weapons Ban Bill (video). Washington, D.C.: National Cable Satellite Corporation. Retrieved April 13, 2014.
{{cite AV media}}
: Explicit use of et al. in:|authors=
(help) - ^ Kucinich, Jackie (January 24, 2013). "Democrats reintroduce assault weapons ban". USA Today. Retrieved April 13, 2014.
- ^ Simon, Richard (April 17, 2013). "Senate votes down Feinstein's assault weapons ban". Los Angeles Times.
- Kauffman, Matthew (December 18, 2012). "In State With 'Assault Weapons' Ban, Lanza's Rifle Still Legal". The Courant. Hartford, Connecticut. Retrieved January 2, 2013.
The term 'assault weapon,' as used by the media, is a media invention. These are semi-automatic firearms that have military cosmetic characteristics. They look like our military firearms, but they're not.
- Tartaro, Joseph P. (1995). "The Great Assault Weapon Hoax". University of Dayton Law Review Symposium, Violent Crime Control and Law Enforcement Act of 1994, vol. 20, no. 2, 1995: 557. Retrieved January 3, 2013.
One of the key elements of the anti-gun strategy to gull the public into supporting bans on the so-called "assault weapons" is to foster confusion. As stated previously, the public does not know the difference between a full automatic and a semi-automatic firearm. They have been further hoodwinked by the television charades of people like New York's former Governor Mario Cuomo talking about semi-automatic firearms while the camera shows a full automatic firing. Fully automatic weapons have been strictly regulated and registered since 1934. Real assault weapons are controlled by the 1934 law and by laws in most states. There is no need for a new law on semi-automatic firearms. However, the anti-gunners responsible for the hoax have continued to perpetuate it by exploiting public confusion.
- Blake, Aaron (January 17, 2013). "Is it fair to call them 'assault weapons'?". Washington Post. Retrieved January 30, 2013.
The term 'assault weapon' became widely used starting the late 1980s. Many attribute its popularization to a 1988 paper written by gun-control activist and Violence Policy Center founder Josh Sugarmann and the later reaction to a mass shooting at a Stockton, Calif., school in January 1989.
- Goode, Erica (January 16, 2013). "Even Defining 'Assault Rifles' Is Complicated". New York Times. Retrieved January 18, 2013.
- Richman, Josh (January 18, 2013). "Assault Weapons: What Are They, and Should They Be Banned?". San Jose Mercury News. Retrieved January 19, 2013.
- "Bullet Hoses: Semiautomatic Assault Weapons—What Are They? What's So Bad About Them?". Washington, D.C.: Violence Policy Center. 2003. The Gun Industry's Lies.
- ""Assault rifle." Encyclopædia Britannica. 2010. Encyclopædia Britannica Online. 03 Jul. 2010". Britannica.com. Retrieved January 2, 2013.
- "DPMS Founder and President Retires". The Outdoor Wire Digital Network. 14 December 2009. Retrieved 16 August 2013.
Luth's quest to introduce the hunting market to the AR platform was recognized in January 2009 when he was named to the Outdoor Life's OL-25, and later chosen by online voters as the OL-25 "Reader's Choice" recipient. The recent campaign by the NSSF to educate hunters everywhere about the "modern sporting rifle" can be directly attributed to Luth's push to make AR rifles acceptable firearms in the field, the woods and on the range.
- ^ "California: gun control's primary target". Guns & Ammo Magazine. November 1, 1985.
- ^ Ingram, Carl (April 9, 1985). "Restricting of Assault-Type Guns Okd by Assembly Unit". Los Angeles Times.
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- ^ "Assault Weapons in Massachusetts". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
- "Assault Weapons in New Jersey". smartgunlaws.org. Law Center to Prevent Gun Violence. January 1, 2012. Retrieved April 28, 2014.
- ^ "Assault Weapons in New York". smartgunlaws.org. Law Center to Prevent Gun Violence. January 1, 2012. Retrieved April 28, 2014.
- Office of the Attorney General (November 2001). "Assault Weapons Identification Guide 2000" (PDF). oag.ca.gov. California Department of Justice. Retrieved April 21, 2014.
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- Perata. "Addition to Roberti-Roos Assault Weapons Control Act of 1989 – Enactment of Generic Assault Weapon Ban/Registration Requirements and Ban on Manufacture, Sale or Transfer of "Large-Capacity" Magazines". Senate Committee on Public Safety, Senator John Vasconcellos, Chair 1999-2000 Regular Session. Retrieved 13 May 2014.
- "What is considered an assault weapon under California law?". oag.ca.gov. California DOJ. 2014. Retrieved May 12, 2014.
- Staff. "Senate Bill 23 Assault Weapon Characteristics". California Attorney General. Retrieved 24 May 2014.
- "Connecticut Governor Signs Gun Measures". New York Times. Associated Press. April 4, 2013. Retrieved April 10, 2014.
- Pazniokas, Mark (January 30, 2014). "Federal judge upholds Sandy Hook gun law". Connecticut Mirror. Connecticut News Project. Retrieved April 10, 2014.
- "Large Capacity Ammunition Magazines in Hawaii". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
- "Large Capacity Ammunition Magazines in Maryland". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
- "Large Capacity Ammunition Magazines in Massachusetts". smartgunlaws.org. Law Center to Prevent Gun Violence. January 2, 2012. Retrieved April 28, 2014.
- ^ Linhorst, Michael; Connor, Erinn; Fujimori, Sachi (July 21, 2012). "N.J. law bans assault rifles, restricts other weapons". The Record. North Jersey Media Group. Retrieved April 21, 2014.
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- Duggan, Paul (October 4, 2011). "Federal Appeals Court Panel Rules in Favor of D.C. Gun Law", Washington Post. Retrieved May 24, 2014.
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- "City of Chicago Regulation Defining "Assault Weapon"". chicagopolice.org. Chicago Police Department. 2013. Retrieved April 28, 2014.
- "Division 4. Blair Holt Assault Weapons Ban". municode.com. Municipal Code Corporation. 2013. Retrieved April 28, 2014.
- Staff (January 15, 1990). "Assault Weapon Sales Recoil Gary, East Chicago Outlawed Them; None Turned In to Police". Post-Tribune (IN) – via HighBeam Research (subscription required) . Retrieved 19 May 2014.
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- Roth, Jeffrey A.; Christopher S. Koper (March 1999). "Impacts of the 1994 Assault Weapons Ban" (PDF). National Institute of Justice Research in Brief (NCJ 173405).
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- Sugarmann, Josh (January 1994). "Reverse FIRE: The Brady Bill won't break the sick hold guns have on America. It's time for tougher measures". Mother Jones.
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(help) - Eaton, William J. (May 5, 1994). "Ford, Carter, Reagan Push for Gun Ban". Los Angeles Times.
- Seelye, Katharine Q. (July 28, 1994). "Assault Weapons Ban Allowed To Stay in Anti-crime Measure". The New York Times.
- Roman, John K. (2014). "Special Report: Society: Assault Weapons". Britannica Book of the Year 2014. Encyclopaedia Britannica. p. 335. ISBN 978-1-62513-171-3.
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The 1994 Assault Weapons Ban .... defined an AW as a semiautomatic that had two "military-style" features .... Critics contended that it was that needed to be controlled and that the military features were mainly cosmetic for civilian guns.
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suggested) (help) - Gillam, Jerry. "Sacramento File". Los Angeles Times. Retrieved 18 May 2014.
- Driscoll, James D. (December 6, 1985 – November 30, 1986). "Index to Journal of the Assembly" (PDF). Journal of the Assembly. 1985–1986: 236. Retrieved 18 May 2014.
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: CS1 maint: date format (link) - "CBS 5 Report Inspires New Legislation To Ban 'Bullet Button'". Sacramento, California: CBS Local Media. May 20, 2012.
- ^ "Yee Introduces Bill to Close Loophole in Assault Weapon Law". May 21, 2012.
- Miles, Kathleen (August 7, 2012). "SB 249, CA Sen. Leland Yee's Gun Control Bill, Seeks To Slow Bullet Reloading, Infuriates Gun Activists". Huffington Post. Retrieved May 18, 2014.
- "SB-249 Assault weapons.(2011-2012): Votes". California Legislature. Retrieved May 18, 2014.
- ^ Leland Yee. "SB 47: Assault Weapons". California Legislature. Retrieved May 18, 2014.
- Staff. "SB47 (Yee)". TotalCapitol.com. Retrieved May 18, 2014.
- Cite error: The named reference
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was invoked but never defined (see the help page). - Levy, Gabrielle (December 21, 2012). "Obama responds to gun violence petition" (blog). United Press International. Retrieved May 26, 2014.
- Effron, Lauren (December 14, 2012). "Mass School Shootings: A History". ABC News. Retrieved April 13, 2014.
Further reading
- "Law Center to Prevent Gun Violence: Search by State Gun Law". smartgunlaws.org. Law Center to Prevent Gun Violence. 2012. Retrieved April 27, 2014.
- "NRA-ILA: State Gun Laws". nraila.org. National Rifle Association of America, Institute for Legislative Action. 2013. Retrieved April 27, 2014.
- Olinger, David (April 19, 2000). "Massacre energizes gun debate - but not lawmakers". Denver Post. Denver, Colorado. Retrieved May 27, 2014.
- Plumer, Brad (December 17, 2012). "Everything you need to know about the assault weapons ban, in one post". Washington Post (blog). Washington, D.C. Retrieved April 27, 2014.
- Roman, John K. (December 27, 2013). "Assault Weapons: Year In Review 2013". britannica.com. Encyclopedia Britannica. Retrieved April 28, 2014.