Definitions - A genuine assault weapon, as opposed to a legal definition, is a hand-held, selective fire weapon, which means it's capable of firing in either an automatic or a semiautomatic mode depending on the position of a selector switch. These kinds of weapons are heavily regulated by the National Firearms Act of 1934 and are further regulated in some states. (See machine guns.)
However, current "assault weapon" legislation defines certain semi-automatic weapons as "assault weapons." A semi-automatic weapon is one that fires a round with each pull of the trigger, versus an automatic weapon which continues to shoot until the trigger is released or the ammunition supply is exhausted. These kinds of "assault weapons" are sometimes referred to as military-style semi-automatic weapons.
An example of assault weapon legislation is the Federal 1994 Crime Bill. The bill in part outlaws new civilian manufacture of certain semi-automatic assault weapons. It also prohibits new civilian manufacture of "large capacity ammunition feeding devices" declared certain weapons as assault weapons, and states a semi-automatic rifle is an assault weapon if it can accept a detachable magazine and has two or more of the following:
A folding or telescoping stock
A pistol grip
A bayonet mount
A flash suppressor, or threads to attach one
A grenade launcher.
(For the Crime Bill's definition of assault shotguns and pistols, a list of assault weapons, and further legal issues see Crime Bill FAQ.)
[The 1994 Crime Bill expired on September 13, 1994. See Semiautomatic Assault Weapon (SAW) Ban QUESTIONS & ANSWERS from the Bureau of Alcohol, Tobacco, Firearms and Explosives.]
Assault Weapons: The Weapons of Choice?
The following summary of police statistical surveys is excerpted from Kopel, David B, Rational Basis Analysis of "Assault Weapon" Prohibition. (Kopel's paper contains the citations for these surveys and lists a few more studies as well.)
California. In 1990, "assault weapons" comprised thirty-six of the 963 firearms involved in homicide or aggravated assault and analyzed by police crime laboratories, according to a report prepared by the California Department of Justice, and based on data from police firearms laboratories throughout the state. The report concluded that "assault weapons play a very small role in assault and homicide firearm cases." Of the 1,979 guns seized from California narcotics dealers in 1990, fifty-eight were "assault weapons."
Chicago. From 1985 through 1989, only one homicide was perpetrated with a military caliber rifle. Of the 17,144 guns seized by the Chicago police in 1989, 175 were "military style weapons."
Florida. Florida Department of Law Enforcement Uniform Crime Reports for 1989 indicate that rifles of all types accounted for 2.6% of the weapons used in Florida homicides. The Florida Assault Weapons Commission found that "assault weapons" were used in 17 of 7,500 gun crimes for the years 1986-1989.
Los Angeles. Of the more than 4,000 guns seized by police during one year, only about 3% were "assault weapons."
Maryland. In 1989-90, there was only one death involving a "semiautomatic assault rifle" in all twenty-four counties of the State of Maryland.
Massachusetts. Of 161 fatal shootings in Massachusetts in 1988, three involved "semiautomatic assault rifles." From 1985 to 1991, the guns were involved in 0.7% of all shootings.
Miami. The Miami police seized 18,702 firearms from January 1, 1989 to December 31, 1993. Of these, 3.13% were "assault weapons."
New Jersey. According to the Deputy Chief Joseph Constance of the Trenton New Jersey Police Department, in 1989, there was not a single murder involving any rifle, much less a "semiautomatic assault rifle," in the State of New Jersey. No person in New Jersey was killed with an "assault weapon" in 1988. Nevertheless, in 1990 the New Jersey legislature enacted an "assault weapon" ban that included low-power .22 rifles, and even BB guns. Based on the legislature's broad definition of "assault weapons," in 1991, such guns were used in five of 410 murders in New Jersey; in forty-seven of 22,728 armed robberies; and in twenty-three of 23,720 aggravated assaults committed in New Jersey.
New York City. Of 12,138 crime guns seized by New York City police in 1988, eighty were "assault-type" firearms.
New York State. Semiautomatic "assault rifles" were used in twenty of the 2,394 murders in New York State in 1992.
San Diego. Of the 3,000 firearms seized by the San Diego police in 1988-90, nine were "assault weapons" under the California definition.
San Francisco. Only 2.2% of the firearms confiscated in 1988 were military-style semiautomatics.
Virginia. Of the 1,171 weapons analyzed in state forensics laboratories in 1992, 3.3% were "assault weapons."
National statistics. Less than four percent of all homicides in the United States involve any type of rifle. No more than .8% of homicides are perpetrated with rifles using military calibers. (And not all rifles using such calibers are usually considered "assault weapons.") Overall, the number of persons killed with rifles of any type in 1990 was lower than the number in any year in the 1980s.
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