Archive for the 'Assault Weapon Ban' Category

From The NYT, Adam Eisgrau, the same lawyer who crafted the first assault weapons ban is giving advice on how to do it again.

The bill had three main components. The first was a list of well-known, deeply feared guns that were banned by name (like Uzis). The second banned the future manufacture and sale of any new semiautomatic weapon with a detachable magazine and more than two of several assault-style features (like a forward handgrip). The third and most critical section was Appendix A, which listed every single hunting rifle and shotgun in use at the time — there were hundreds — that didn’t run afoul of the features test in the second component. Those firearms were unequivocally exempted from the bill.

At the time, gun-control advocates resisted the incorporation of Appendix A. But the idea behind it was and remains crucial to making any meaningful changes in America’s gun laws. They must gain the support of gun owners, most of whom are heartsick over senseless carnage.

By explicitly protecting hundreds of popular sporting guns, the bill enabled senators and representatives to push back against the tide of protests — many of them generated by the National Rifle Association — at town hall-style meetings in their states and districts. They could show their constituents that their ordinary hunting rifles and shotguns were protected in Appendix A or that their guns could be added to it, if need be. Proponents of the legislation distributed blue booklets describing all three parts of the bill, including pictures of the assault weapons banned by name and the full list of guns protected by Appendix A.

By which he means he’ll leave bolt action rifles and revolvers alone, and specifically outlaw all of those millions of modern sporting rifles that have been purchased over the last several years, by a lot of people who committed a lot of resources and paid a lot of money in a very troubled economy.

That’s a winner, alright.  I like it.  The largest gun store in my area, Hyatt Gun Shop, did one million dollars of business in a single day before Christmas, mostly selling these rifles.  The idiot lawyer who initially assisted Senator Feinstein wants to enter a time machine and do it all over again in 2013, as if this year is the same as a quarter century ago.

Even then it wasn’t popular, and coming out in favor of legality of only the traditional hunting weapons got David Petzal drummed out of the business (just like that same attitude recently got Jerry Tsai drummed out of the business).  So I agree with counsel.  I like Eisgrau’s approach.  Ban just about everything out there, and see how far you get with that.  I think you might meet some resistance.

From a NYT Editorial:

Bushmasters are by no means the only assault weapons of choice among mass killers (the Aurora shooter used a Smith & Wesson), but the brand’s repeated presence in murderous incidents reflects Bushmaster’s enormous popularity in the gun world, the result of a successful marketing campaign aimed at putting military firepower and machismo in the hands of civilians. Gun owners once talked about the need for personal protection and sport hunting, but out-of-control ad campaigns like Bushmaster’s have replaced revolvers and shotguns with highly lethal paramilitary fantasies.

The guns, some of which come in camouflage and desert khaki, bristle with features useful only to an infantry soldier or a special-forces operative. A flash suppressor on the end of a barrel makes it possible to shoot at night without a blinding flare. Quick-change magazines let troops reload easily. Barrel shrouds allow precise control without fear of burns from a muzzle that grows hot after multiple rounds are fired. But now anyone can own these guns, and millions are in civilian hands.

“There is an allure to this weapon that makes it unusually attractive,” Scott Knight, former chairman of the International Chiefs of Police Firearms Committee, told USA Today, speaking of the Bushmaster rifles. “The way it looks, the way it handles — it screams assault weapon.”

The company’s catalog and ads show soldiers moving on patrol through jungles, Bushmasters at the ready. “When you need to perform under pressure, Bushmaster delivers,” says the advertising copy, superimposed over the silhouette of a soldier holding his helmet against the backdrop of an American flag. “Forces of opposition, bow down. You are single-handedly outnumbered,” said a 2010 catalog, peddling an assault rifle billed as “the ultimate military combat weapons system.” (Available to anyone for $2,500.)

In case that message was too subtle, the company appealed directly to the male egos of its most likely customers. “Consider your man card reissued,” said one Bushmaster campaign (pulled off the Web after the Newtown shooting), next to a photo of a carbine. “If it’s good enough for the professional, it’s good enough for you.”

The effect of these marketing campaigns on fragile minds is all too obvious, allowing deadly power in the wrong hands. But given their financial success, gun makers have apparently decided that the risk of an occasional massacre is part of the cost of doing business.

What a silly, puerile commentary.  Notice the use of effeminate, emotional prose: male egos, machismo, out-of-control, bristle, and the fear-inducing “screams assault weapon.”  Oh, and we mustn’t forget the shoulder-shrugging issue of the “occasional massacre,” either.

The NYT says that shooters were once interested in self defense (as if we’re not now concerned about that very thing), but apparently those writers who live in their protected bubbles and ride in limousines to work aren’t aware that the trend in home invasions is for the criminals to utilize multi-man teams to terrorize, steal, rape, torture and kill their victims.  Perhaps the editors should read the news.  High capacity magazines, indeed.  Anyone who is responding to such an event wants everything they can get for self protection.

But the best sentence of the commentary is this one: “But now anyone can own these guns, and millions are in civilian hands.”  The editorial staff should do their history homework, or maybe read a little bit.  The M1 Carbine used a high capacity magazine with a low to moderate recoil cartridge.  And it has been around and used by the military since 1942, and used by the civilian population since right after World War II.  I recently purchased one myself, a new rifle from Auto Ordnance.

We (American citizens) have always had access to military firearms.  The ready availability of firearms isn’t new.  Neither, for that matter, is acts of terror against school children (see Bath School Disaster).  What is new is American fascists blaming firearms owners for such events.

UPDATE: Mike Vanderboegh has some thoughts.  Yes, Mike, I just need some more money.  Some for a Garand, some for an M-14, and some for … [to be continued].

Valuable statistics from New York Daily News:

The gun scourge in New York goes far beyond the assault weapons that are grabbing headlines in the wake of the Newtown, Conn., massacre.

New state stats show that firearms were responsible for more than 58% of the murders statewide last year — but the biggest problem was handguns.

Of the 769 homicides reported in 2011, 393 were the result of handguns. There were 16 deaths by shotgun, five by rifle, and 33 by an unknown “firearm-type,” the state Division of Criminal Justice Services reports.

The rest of the killings were a mix of stabbings, beatings and other assaults.

A package of new proposals that Gov. Cuomo says he’ll push to give New York the nation’s toughest gun laws would come down on the military-style assault rifles like those used to kill 26 people in Newtown and by the crazed gunman who attacked firefighters responding to a blaze in Webster, N.Y., on Monday.

But Cuomo is also mulling measures that would rein in handguns including tougher gun registration rules and limits on the size of gun magazines to no more than seven bullets.

Gasp!  You mean that the dreaded and evil AR wasn’t the firearm of choice with criminals?  Perhaps owning them requires productive members of society to work hard and save their money because they cost so much?  Just a guess.

Take note of the other important point here.  At 42%, murder by other-than-firearm accounts for nearly half the total.  This is remarkable, and yet leave it to New York politicians to work hard at more of the same failed gun control policies to address the issue.  In order to address crime, the Governor is proposing more rules for law-abiding citizens.  If something doesn’t work, do it again … and again … and again.

Here is Senator Feinstein’s proposed law.  Of course, the remarkable thing is that not a single aspect of the law would have stopped the Connecticut shooting, or the Colorado shooting for that matter.

Magazine size is irrelevant, since the shooter was unimpeded (which is the core problem anyway).  Registration of firearms is also irrelevant, since the firearm owner was fully legal (the firearm was stolen and then used to perpetrate another crime).  Finally, grandfathering firearms is also irrelevant, since this firearm would clearly have fallen under such a stipulation (which Feinstein sees as necessary to pass the law).

Also note that the old issue of “sporting purposes” is back in the framework.  Recall what I said about such a test.

The ATF must decide what is the “sporting purposes” category by populating the list with examples, and then make the claim that such-and-such an example is deemed to be or not to be a “sporting purpose” because it is or isn’t on the list.  It reasons in a circle.

And moreover:

While ATF lawyers might disagree, for something to have a “sporting purpose” means nothing more than it can be taken to the range and operated by the owner to his or her entertainment or training.  The shooting skills – whether for official competitions such as IDPA or 3-Gun, or for unofficial activities such as regular range visits for the purpose of betterment at the science of firearms operation – are sports.  All of them.  Period.  This is non-negotiable.  If it is a firearm, it has a sporting purpose.

But then again, this isn’t really about sporting purposes, or safety, or public concerns, is it?  It’s about government control, as such progressive laws always are.  Gun control has always been about gun control.  Progressives aren’t liberal.  They’re statists and control freaks and micro-managers and social engineers.  This proposed law is another testimony to that.

Some reactionary commentaries achieve little more than the following result: “A .223 caliber weapon (or an AR) killed the children in Connecticut, therefore ban those guns and this won’t happen any more.”  Or something thereabouts.

But occasionally a more technical argument is presented, and (ret.) Lt. Gen. John Castellaw has recently given us one.

The marksmanship and weapon handling skills I learned gave me a good start when I became a Marine. — But if my grandfather were alive today, he would be sorely disappointed that a major reason for gun ownership has changed from being a sportsman to being a “resistance fighter in waiting.”

[ … ]

This generation of assault weapons and ammunition weighs less than previous combat rifles, allowing more ammunition to be carried, hence increased lethality of the basic infantry unit. The wounds produced are more traumatic; the bullet tends to yaw or tumble when it hits soft flesh as it transfers kinetic energy to the body. The reason most cited by purchasers for the frenetic buying is the fear of “the government taking away our Secnd Amendment Rights,” the rallying call not for sportsmen but for aspiring resistance fighters.

This resistance fighter mentality has been stoked by those who seem to feel deeply that our country is in the hands of illegitimate political leadership. The calls for “secession” reveal an inability by a vocal group to abide by the results of our democratic process and instead call for state and local governments as well as individuals to refuse to work within our system. Extremists decry political positions other than their own on topics from immigration reform to forging a plan for government fiscal responsibility. The words used to attack and defend political and cultural beliefs are words of war, not of civil discourse.

We must stop and ask ourselves if our country has gotten to a point where a substantial portion of our citizens has a fear, and maybe hatred, of our popularly elected national leadership and our fellow citizens who may look different or worship differently or vote differently. And is willing to endure multiple Newtowns materially enabled, if not caused, by the easy purchase of combat assault-style weapons.

There are many things we can do to reduce these scenes of carnage, ranging from dealing more effectively with those with severe mental illness to improving the security in our schools to returning to civil political discourse to reducing our culture of violence. One that seems a no-brainer is to make a distinction between a gun designed to hunt game and a gun designed to kill people and act now to keep those weapons for use where they were made for, combat.

He trots out his credentials at the end of the commentary, including being retired USMC.  My son was a Marine who saw combat in Fallujah, and earned the combat action ribbon.  He knows Marine officers who are idiots, and I’ve talked to some of them myself.  His having been a Marine Lt. General means absolutely nothing to me.

My son remarked after the Connecticut shooting that a trained shooter isn’t going to choose an AR anyway.  He will going to use a bolt action rifle with expensive glass and ensconce himself in a protected, stand off position to wreak the most havoc.  But I’m willing to concede the point that a shooter may not be trained like my son.  He was a SAW gunner, but also completed some of the Scout Sniper training and was a designated marksman for his unit.

So what of the AR and its round?  I will also grant the point that I’ve called an AR a legitimate home defense weapon.  If that’s the weapon you choose to defend yourself and your family, it’s immoral to force you to choose otherwise.

But notice the equally absurd (but analogous) arguments he didn’t make.  At the place where the gun aficionados hang out, there are many folk who still (and will always) believe that the best close quarters battle (CQB) weapon every invented by mankind is the .357 magnum revolver.  But note that General Castellaw didn’t argue for making the .357 magnum round illegal because it achieves a velocity that causes hydrostatic shock.

Instead he chose to focus on the fact that it yaws when it strikes tissue.  Even in this, he is wrong.  The 5.56 mm round doesn’t just yaw when it strikes tissue.  It yaws in flight, even with boat tail ammunition.  That’s one reason that it is an effective round for CQB while being inferior to the 7.62 round at distance.

But it was larger caliber rounds that allowed the Texas tower shooter to achieve his nefarious aims.  Those larger caliber rounds don’t yaw and fragment like the 5.56 mm round does.  And that’s the point.  The general knows that the whole issue of the weapon pattern is irrelevant.  Magazine changeout on an AR takes 1 – 2 seconds, and even if you’re shooting a revolver, speedloaders can essentially make the weapon the equivalent of a semi-automatic handgun.  Typical (Bolt Action) deer hunting rifles can be used with great effectiveness to wreak havoc.

He knows that hating on the AR platform is a loser’s argument, so he invokes caliber and ballistics, still a losing argument because of the implications of allowing other calibers and rounds that have other ballistic (but equally deadly) performance.  The argument the general really wants to make in advocating that we distinguish weapons of war with any other is that in his opinion, only the police and military should have those weapons of war, and thus only the police should make war on the civilian population and only the military, under the control of the politicians in approved campaigns, should have the option of sanctioned violence.

But of course, the analogue is that the general also believes that you shouldn’t have the option of choosing certain kinds of weapons for your own defense.  That, dear people, is a political rather than a technical position.  The general is in over his head on ballistics, and it’s better to heed my counsel: “It isn’t the caliber of the weapon one is holding that’s the problem.  It’s the caliber of the one holding the weapon.”

So ban ARs or their round – I cannot stop you, although I can certainly stop you from confiscating mine.  But if you do it, don’t be a coward and hide behind disingenuous and silly arguments that focus on the platform, the round or its ballistics, the pattern, or the safety of the public.  We see through all of those arguments.  Do your deeds because you’re a statist and want to see the public disarmed.  Admit the truth.

As if you didn’t know it was coming.

President Obama on Wednesday urged Congress to vote on measures banning the sale of assault weapons and high-capacity ammunition magazines and requiring background checks before any firearm sale, part of an emerging White House response to a massacre last week at a Connecticut elementary school.

[ … ]

In an effort to demonstrate the shift in political thinking since the Newtown shooting, Democrats have tapped Rep. Mike Thompson (Calif.), a lifelong hunter and gun rights activist, to lead their gun-related efforts. Thompson said Wednesday that several Democratic proposals “certainly make sense,” including the ban on high-capacity magazines.

“I’ve been a hunter all my life, and there’s no reason to have a magazine that holds 30 shells,” Thompson said.

I don’t care that he is alleged to have been a hunter his whole life.  That brings with it absolutely no authority to me.  He is a nobody.  And he is no gun rights activist.  But I guess no one who is hunting really does need 30 rounds in a single magazine if you’re hunting regulated game such as deer.  If you’re hunting feral hogs you want as many rounds as you can get,  and if you are defending yourself against a home invasion, you want the best weapon suited for the purpose, including a high capacity magazine, just like Mr. Stephen Bayezes who saved his life with one.

Here is a prediction.  The majority of shooters who are intent on harming people choose multiple firearms (including a mix of guns), or in the future will choose to fabricate their own high capacity magazine if they want it for their nefarious aims.  This ban won’t affect the level of gun violence in the least.  It will, however, increase the power and control of the federal government, and that’s its purpose.

There is a crescendo in incivility, with gun owners being called everything from stone age vigilantes to tinfoil hat Bircher NRA peckerwood with a long gun.  This is the social media equivalent of the posturing over guns that is occurring on the political scene, but it matters because it emboldens the politicians.

Democratic Senators are threatening a new “assault weapons” ban, something openly pursued by Senator Feinstein immediately after the election.  But in addition to the known anti-firearms politicians, the movement has gained supporters from the ranks of those whom we all knew were anti-firearm, but who persuaded the electorate otherwise.

A growing number of lawmakers – including a leading pro-gun senator – called on Monday for a look at curbing assault weapons like the one used in a massacre at a Connecticut grade school, a sign that attitudes toward gun control could be shifting.

Senator Joe Manchin, a conservative West Virginia Democrat who has earned top marks from the gun industry, said Congress and weapons makers should come together on a “sensible, reasonable approach” to curbing rifles like the one used in the killings Friday of 20 young children and six adults at Sandy Hook Elementary School in Newtown.

A hunter and member of the National Rifle Association, Manchin said the availability of such high-powered weapons does not make sense and called on the gun lobby group to cooperate with a reform of the nation’s gun laws.

A 10-year U.S. ban on assault weapons expired in 2004.

“We’ve got to sit down. I ask all my friends at NRA – and I’m a proud NRA member and always have been – we need to sit down and move this dialogue to a sensible, reasonable approach to fixing it,” he told MSNBC’s “Morning Joe” program.

“Never before have we seen our babies slaughtered. This never happened in America, that I can recall, ever seeing this kind of carnage,” said Manchin, an avid hunter who once ran a campaign ad showing him firing a rifle at an environmental bill. “This has changed where we go from here.”

Historical scholarship may not be his strong suit.  In 1927, Andrew Kehoe used explosives to attack a local school in Bath, Michigan, apparently being disgruntled over paying higher taxes to fund that school.  Thirty eight children were killed, with one family losing three.  Nearly every family in the town of 300 lost a child.

The only gun Kehoe carried was used to light one of the explosive charges.  The only weapon used by Timothy McVeigh was explosives.  But the point is not to show that it can be worse.  Those poor souls who search for answers in guns, mental illness, and societal problems will search in vain.  The problem is evil, and it is one of the oldest philosophical issues known to man.

The proximate answer for those who would perpetrate violence on you or your loved ones is to respond by stopping them.  Shopping malls, schools, public buildings, parades and other activities and places are often “gun free zones.”  This means that only the criminals have guns, and thus they are unimpeded in their nefarious aims.

The Connecticut shooter, as I pointed out, could have perpetrated his evil acts with single action revolvers and bolt action rifles if he had desired.  No one could stop him, and that’s the problem.  No one could have stopped the criminals who attacked Mr. Bayezes and his wife without the use of a rifle that will be illegal under the Ms. Feinstein’s proposed ban, along with a 30-round magazine.  He emptied one magazine and retreated to find another.

Mr. Bayezes did what what we all should have done, for we all have a moral duty to defend self and family.  Sacrificing the best home defense weapon because someone may use it to perpetrate acts of evil is like being forced to return to horse and buggies because there are 40,000 vehicle accidents every year.

But along with the factual silliness of being worked up over fully automatic weapons (which were not used) and other misdirects, there are nonetheless very clear plans being deployed for sweeping bans.  The Democratic Senators want it, Obama has said that he wants it, and communist China agrees.  The voters in West Virginia who thought they were voting for a conservative or defender of the second amendment got hoodwinked.  Manchin has declared that he is no defender of the second amendment, and the Democrats are getting their support lined up.

The proposed ban may not end with guns.  Token conservative David Brooks has floated the idea of an ammunition ban.  No doubt the Democrats have included this in their plans, but it must make them feel confident to see a “conservative” agree with them.

Don’t be deceived into thinking that you can buy them now while they’re legal and keep them.  Feinstein has made it clear there will be no grandfather clause in her version of gun control.  Besides, grandfather clauses are problematic anyway.  The federal government may not need to enact confiscatory policies immediately.

For example, they may make all or some of our weapons illegal, along with their high capacity magazines, and then empower gun ranges, local law enforcement officers, and gunsmiths to confiscate any illegal component they find, while they also call the ATF.  You may end up in a federal penitentiary if you take your firearms to the range or use them in self defense.

Make no mistake about it.  There is a war on guns and ammunition.  It wasn’t stated by advocates of the second amendment, but it has landed squarely in our laps.  Obama will never have more power than he does now, right after the election, still controlling the Senate, and right after a horrible event such as in Connecticut.

Gird your loins and prepare for the battle if you care about the second amendment and your rights under the constitution and God.  Now is not the time to be weak, weary or squeamish.  In many ways the progressives and statists have been waging this war for years, while many second amendment advocates have sat on the sideline.  It’s time for everyone to play in the game.

UPDATE: Thanks to David Codrea for the attention.

Prior:

The Wrong Way To Argue About Assault Weapons

Christians, The Second Amendment And The Duty Of Self Defense

No One Needs ARs For Self Defense Or Hunting?

Do We Have A Constitutional Right To Own An AR?

Dreams Of International Gun Control

As seen on Facebook.

But see Jeff, I think you’ve overlooked one problem.  If you don’t believe in “assault weapons,” then you don’t have any.  I have them, and you don’t.  How are you going to get them from me?

As Glenn Reynolds replied to similar threats, ΜΟΛΩΝ ΛΑΒΕ.

On September 13, 1994, the U.S. Congress passed the ridiculous, obscene, ill-conceived, and meddling assault weapons ban.  It had a sunset provision wherein it expired within ten years of passing the law (see also HR 3355).  Enjoy the day as one of the better, more memorable celebrations in America.

I intend to celebrate by enjoying the entertainment and studying the science of the shooting sports, which I have previously defined this way.

While ATF lawyers might disagree, for something to have a “sporting purpose” means nothing more than it can be taken to the range and operated by the owner to his or her entertainment or training.  The shooting skills – whether for official competitions such as IDPA or 3-Gun, or for unofficial activities such as regular range visits for the purpose of betterment at the science of firearms operation – are sports.  All of them.  Period.  This is non-negotiable.  If it is a firearm, it has a sporting purpose.

Here are some of the weapons we will enjoy and study this weekend.  These would all be considered “assault weapons” under the ban.

In the future, Congress is advised to stay out of our business.

Prior:

No One Needs ARs For Self Defense Or Hunting?

Do We Have A Constitutional Right To Own An AR?