NYSRPA V Cuomo, Record On Appeal, Volume 5

14-0036-cv
(
L
)
,
14-0037-cv
(
XAP
)

United States Court of Appeals
for the
Second Circuit

WILLIAM NOJ AY, THOMAS GALVIN, ROGER HORVATH, BATAVIA
MARINE & SPORTING SUPPLY, NEW YORK STATE RIFLE AND PISTOL
ASSOCIATION, INC., WESTCHESTER COUNTY FIREARMS OWNERS
ASSOCIATION, INC., SPORTSMEN'S ASSOCIATION FOR FIREARMS
EDUCATION, INC., NEW YORK STATE AMATEUR TRAPSHOOTING
ASSOCIATION, INC., BEDELL CUSTOM, BEIKIRCH AMMUNITION
CORPORATION, BLUELINE TACTICAL & POLICE SUPPLY, LLC,
Plaintiffs-Appellants-Cross-Appellees,
(For Continuation of Caption See Inside Cover)

ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK

JOINT APPENDIX
Volume 5 of 9 (Pages A-1115 to A-1382)

STEPHEN P. HALBROOK, ESQ.
3925 Chain Bridge Road, Suite 403
Fairfax, Virginia 22030
(703) 352-7276

GOLDBERG SEGALLA LLP
11 Martine Avenue, Suite 750
White Plains, New York 10606
(914) 798-5400
COOPER & KIRK, PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036
(202) 220-9600
Attorneys for Plaintiffs-Appellants-Cross-Appellees
(For Continuation of Appearances See Inside Cover)

Case: 14-36 Document: 68-1 Page: 1 04/29/2014 1212251 176
1 of 284

v.
ANDREW M. CUOMO, Governor of the State of New York, ERIC T.
SCHNEIDERMAN, Attorney General of the State of New York, J OSEPH A.
DAMICO, Superintendent of the New York State Police,
Defendants-Appellees-Cross-Appellants,
FRANK A. SEDITA, III, District Attorney for Erie County,
GERALD J . GILL, Chief of Police for the Town of Lancaster, New York,
LAWRENCE FRIEDMAN,
Defendants-Appellees.

SHAWN P. HENNESSY
ERIE COUNTY DISTRICT ATTORNEYS
OFFICE
25 Delaware Avenue
Buffalo, New York 14202
(716) 858-2424

Attorney for Defendant-Appellee
Frank A. Sedita, III, District
Attorney for Erie County

HODGSON RUSS LLP
140 Pearl Street, Suite 100
Buffalo, New York 14202
(716) 856-4000

Attorneys for Defendant-Appellee
Gerald J. Gill, Chief of Police for the
Town of Lancaster, New York

CLAUDE S. PLATTON
NEW YORK STATE OFFICE OF
THE ATTORNEY GENERAL
120 Broadway, 25
th
Floor
New York, New York 10271
(212) 416-8000

Attorney for Defendants-Appellees-
Cross-Appellants

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i

TABLE OF CONTENTS
Page
District Court Docket Entries ................................... A-1
Complaint, dated March 21, 2013 for Declaratory
Judgment and Injunctive Relief ............................. A-43
First Amended Complaint, dated April 11, 2013 for
Declaratory Judgment and Injunctive Relief ......... A-89
Plaintiffs Motion for Preliminary Injunction, dated
April 15, 2013 ........................................................ A-134
Exhibit A to Plaintiffs Motion -
Declaration of Mark Overstreet, dated
April 15, 2013 ........................................................ A-138
Exhibit B to Plaintiffs Motion -
NSSF, MSSR Comprehensive Consumer
Report (2010) ....................................................... A-150
Exhibit C to Plaintiffs Motion -
Declaration of Guy Rossi, dated April 15, 2013 in
Support of Plaintiffs Motion for Preliminary
Injunction ............................................................... A-235
Exhibit D to Plaintiffs Motion -
Affidavit of Roger Horvath, dated April 15, 2013
in Support of Plaintiffs Motion for Preliminary
Injunction ............................................................... A-246
Exhibit E to Plaintiffs Motion -
Affidavit of Thomas Galvin, dated April 15, 2013
in Support of Plaintiffs Motion for Preliminary
Injunction ............................................................... A-250

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ii
Exhibit F to Plaintiffs Motion -
Declaration of Dr. Gary Kleck, dated April 15,
2013 in Support of Plaintiffs Motion for
Preliminary Injunction ........................................... A-254
Notice of State Defendants Cross-Motion to
Dismiss and/or for Summary Judgment, dated
June 21, 2013 ......................................................... A-264
Declaration of Kevin Bruen, dated June 20, 2013 in
Support of Defendants Cross-Motion to Dismiss
and/or for Summary Judgment .............................. A-266
Declaration of Christopher Koper, executed June
2013 in Support of Defendants Cross-Motion to
Dismiss and/or for Summary Judgment ................ A-283
Exhibit A to Koper Declaration -
Curriculum Vitae of Christopher Koper ................ A-307
Exhibit B to Koper Declaration -
Koper and Roth, Impact Evaluation of the
Public Safety and Recreational Firearms Use
Protection Act. (Koper 1997) ........................... A-327
Exhibit C to Koper Declaration -
Koper, An Updated Assessment of the Federal
Assault Weapons Ban (Koper 2004) ................ A-444
Exhibit D to Koper Declaration -
Koper, Americas Experience with the Federal
Assault Weapons Ban (from Reducing Gun
Violence in America) (Koper 2013).................... A-558
Declaration of Franklin Zimring, dated June 20,
Dismiss and/or for Summary Judgment ................ A-576
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iii
Exhibit A to Zimring Declaration -
Curriculum Vitae of Franklin E. Zimring .............. A-587
Declaration of Lucy Allen, dated June 20, 2013 in
Support of Defendants Cross-Motion to Dismiss
and/or for Summary Judgment .............................. A-610
Defendant Gerald J. Gils Notice of Cross-Motion
to Dismiss or for Summary Judgment, dated
June 21, 2013 ......................................................... A-623
Declaration of Kathleen Rice, dated June 18, 2013
in Support of Defendants Cross-Motion to
Dismiss or for Summary Judgment ....................... A-625
Declaration of James Sheppard, dated June 21, 2013
in Support of Defendants Cross-Motion to
State Defendants Local Rule 56(a)(1) Statement of
Undisputed Material Facts, dated June 21, 2013 ... A-637
Declaration of William J. Taylor, Jr., dated June 21,
Exhibit 2 to Taylor Declaration -
LCPGV Website, Introduction to Gun Violence
Statistics (undated) ............................................... A-656
CDC Statistics, 2005-2010 US Homicide Firearm
Deaths and Rates per 100k .................................... A-659
Exhibit 4 to Taylor Declaration
CDC Statistics, 2010 US Homicide Firearm
Deaths and Rates per 100k .................................... A-660
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iv
Governors SAFE Act Program Bill ...................... A-663
NYS Senate Memo in Support of SAFE Act ......... A-672
NYS Senate Introducers Memo in Support of
SAFE Act ............................................................... A-680
Violent Crime Control and Law Enforcement Act
of 1994 ................................................................... A-688
Judiciary Committee Report re Fed AW Ban
1994 ....................................................................... A-714
ATF Study re Importability of Certain Shotguns
(2011) ..................................................................... A-763
ATF Study re Sporting Suitability of Certain
Modified Semiautomatic Rifles (1998) ................. A-797
Laws of New York, 2000 Chapter 189 ............... A-923
Governors Program Bill Memorandum (2000) .... A-939
NY State Senate Introducers Memorandum in
Support Bill Number S8234 ............................... A-948
NYS Assembly Debate Excerpt June 23, 2000 ..... A-957
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v
NYS Assembly Debate Excerpt June 22, 2000 .... A-963
Governor Proposes Five Point Plan to Combat
Gun Violence, Mar. 15, 2000 (Gov. 2000 Press
Release) ................................................................ A-979
ATF Study re Importability of Certain Shotguns
(2012) ..................................................................... A-989
City of Rochester, Chapter 47.Dangerous Articles
(Rochester Ordinance) ....................................... A-993
City of Albany Chapter 193. Firearms and City
of Albany, Chapter 193. Firearms and
Ammunition (Albany Ordinance) ...................... A-1005
New York City Administrative Code, 10.301,
10.303.1, 10.305, 10.306 ....................................... A-1010
Laws of New York, 2013, Chapter 1 (SAFE
Act) ...................................................................... A-1024
Governors Press Release, Governor Cuomo
Signs NY SAFE Act in Rochester, January 16,
2013 ....................................................................... A-1063
New York State Assault Weapon Registration
Form ....................................................................... A-1066
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vi
Lawrence Tribe Congressional Testimony
February 12, 2013 .................................................. A-1068
Brian Siebel Congressional Testimony
October 10, 2008 ................................................... A-1104
The Return of the Assault Rifle; High-Powered
Weapons Seem to be Regaining Their Deadly
Role in WNY Crime and Violence, The Buffalo
News, Nov. 21, 2010, Lou Michel. ........................ A-1112
BCPGV, Assault Weapons: Mass Produced
Mayhem (Oct 2008) ............................................. A-1115
LCAV, Banning AWs - A Legal Primer for State
and Local Action (2004) ...................................... A-1176
Statement of Professors of Constitutional Law:
The Second Amendment and the
Constitutionality of the Proposed Gun Violence
Prevention Legislation (2013) .............................. A-1249
VPC, Officer Down: AWs and the War on Law
Enforcement (2003) ............................................. A-1255
Mother Jones, More Than Half of Mass
Shooters Used AWs an High-Capacity
Magazines February 27, 2013 .............................. A-1284
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vii
MAIG, Analysis of Recent Mass Shootings
(undated) ................................................................ A-1288
BATF, Assault Weapons Profile (April 1994) .... A-1305
Overstreet Declaration from Heller ....................... A-1332
VPC, Firearm Justifiable Homicides and Non-
fatal Self Defense Gun Use (April 2013) ............. A-1340
Hemenway, Private Guns Public Health (2007). A-1361
Hemenway, Cook, The Gun Debates New
Mythical Number (1997) ..................................... A-1373
Exhibit 49 to Taylor Declaration
The Police Departments 9-Millimeter
Revolution, The New York Times, Feb. 15, 1999,
Raymond W. Kelly ................................................. A-1382
Heller Historians Brief ........................................... A-1383
On Target: The Impact of the 1994 Federal
Assault Weapon Act, Brady Center to Prevent
Gun Violence, March 2004 .................................... A-1418
NYS Assembly Debate May 24, 2005 ................... A-1439
NYS Assembly Debate January 9, 2006 ................ A-1443
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viii
United States of Assault Weapons, Gunmakers
Evading the Federal Assault Weapons Ban,
Violence Policy Center, July 2004 ......................... A-1454
A Further Examination of Data Contained in the
Study On Target Regarding Effects of the 1994
Federal Assault Weapons Ban, Violence Policy
Center, April 2004 .................................................. A-1514
In Virginia, high-yield clip seizures rise,
Washington Post, Jan. 23. 2011 ............................. A-1544
High-capacity magazines saw drop during ban,
data indicate, Washington Post, Jan. 13, 2013 ...... A-1548
Various Collected Articles ..................................... A-1551
Baltimore Police Chief Testimony
January 30, 2013 .................................................... A-1563
Excerpts from Amended Complaint New York
State Rifle and Pistol Association, Inc. v. City of
New York, 13-2115 ............................................... A-1566
Images from SAFE Act website, Pictures of
Rifles Banned Features ....................................... A-1570
Shotguns Banned Features .................................. A-1582
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ix
Pistols Banned Features ...................................... A-1590
The Criminal Purchase of Firearm
Ammunition, Injury Prevention (August 4,
2006) ...................................................................... A-1599
Images from SAFE Act website, Listing of Rifles
that Are Classified as Assault Weapons ................. A-1603
Images from SAFE Act website, Listing of
Shotguns that Are Classified as Assault Weapons . A-1614
Images from SAFE Act website, Listing of
Pistols that Are Classified as Assault Weapons ..... A-1616
USDOJ BJS Report, Selected Findings: Guns
Used in Crime (July 1995) ................................... A-1618
SAFE Act Amendment .......................................... A-1625
Exhibit 11 (Corrected) to Taylor Declaration -
ATF Study re Importability of Certain
Semiautomatic Rifles (1989) ................................. A-1628
City of Buffalo, Chapter 180. Firearms, Arrows
and Other Weapons ................................................ A-1648

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Page
x
NYS Assembly Debate Excerpt January 15, 2013 A-1657
Images of Rifles that are Not Classified as
Assault Weapons .................................................... A-1669
Images of Pistols that are Not Classified as
Images of Shotguns that are Not Classified as
NYS Assembly Debate March 28, 2013 ................ A-1731
Certificate of Service ................................................. A-1742
Notice of Cross-Motion for Summary Judgment and
Permanent Injunctive Relief by Plaintiffs, dated
August 19, 2013 ..................................................... A-1745
Plaintiffs Response to Defendants Local Rule
56(a)(1) Statement of Undisputed Material Facts,
dated August 19, 2013 ........................................... A-1749
Plaintiffs Local Rule 56(a)(2) Counter-Statement of
Undisputed Material Facts, dated
August 19, 2013 ..................................................... A-1797
Exhibit A to Statement -
Pew Research Center, Gun Homicide Rate
Down 49% Since 1993... (May 2013) .................. A-1844
Exhibit B to Statement -
USDOJ BJS Report, Firearm Violence 1993-
2011 (May 2013) .................................................. A-1908
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xi
Exhibit C to Statement -
Congressional Research Service, Public Mass
Shootings in the United States: Selected
Implications for Federal Public Health and Safety
Policy (March 2013) ............................................ A-1937
Exhibit D to Statement -
Summary of FBI Uniform Crime Reports, 1991-
2011 ....................................................................... A-1978
Exhibit E to Statement -
Tom King Affidavit in Support of Plaintiffs
Cross-Motion for Summary Judgment and
Permanent Injunctive Relief .................................. A-1987
Exhibit F to Statement -
Scott Sommavilla Affidavit in Support of
Plaintiffs Cross-Motion for Summary Judgment
and Permanent Injunctive Relief ........................... A-1994
Exhibit G to Statement -
Jon Karp Affidavit in Support of Plaintiffs
Exhibit H to Statement -
John Cushman Affidavit in Support of Plaintiffs
Exhibit I to Statement -
Thomas Galvin Affidavit in Support of Plaintiffs
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xii
Exhibit J to Statement -
Dan Bedell Affidavit in Support of Plaintiffs
Exhibit K to Statement -
Hans Farnung Affidavit in Support of Plaintiffs
Exhibit L to Statement -
Ben Rosenshine Affidavit in Support of
Plaintiffs Cross-Motion for Summary Judgment
and Permanent Injunctive Relief ........................... A-2028
Exhibit M to Statement -
Michael Barrett Affidavit in Support of Plaintiffs
Exhibit N to Statement -
Diagram of Rifle .................................................... A-2036
Exhibit O to Statement -
Declaration of Dr. Gary Roberts , dated August
16, 2013 in Support of Plaintiffs Cross-Motion
for Summary Judgment and Permanent Injunctive
Relief ...................................................................... A-2038
State Defendants Response to Plaintiffs Local Rule
56(a)(2) Statement of Undisputed Material Facts,
dated September 24, 2013 ...................................... A-2061
Supplemental Declaration of Christopher Koper,
dated September 23, 2013 in Support of
Defendants Cross-Motion to Dismiss and or for
Summary Judgment ............................................... A-2230
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xiii
Supplemental Declaration of William J. Taylor, Jr.,
dated September 24, 2013 ...................................... A-2244
Exhibit 71 to Taylor Supplemental Declaration -
Memorandum of Decision, Benjamin v. Bailey,
CV 93-0063723 (Conn. Super. Ct. June 30, 1994) A-2247
CDC Statistics, 2000 - 2010 US Violence Related
Firearm Deaths and Rates per 100k ....................... A-2290
Appellants Notice of Supplemental Authority
under Fed. R. App. P. 28(j), Kwong v.Bloomberg,
No. 12-1578 (2d Cir.), dated Jan. 17, 2013 ............ A-2292
Aaron Smith, New Rifle Mimics Machine Guns
Rapid Fire and Its Legal, CNNMoney.com,
Sept. 12, 2013 ........................................................ A-2295
New York Pattern Criminal Jury Instructions 2d,
Penal Law 265.02(7), Criminal Possession of a
Weapon Third Degree, Possession of Assault
Weapon .................................................................. A-2300
Declaration of Richard Lynch, dated October 8,
2013 ....................................................................... A-2305
Reply Memorandum of Law in Further Support of
Plaintiffs Motion for Summary Judgment, dated
October 9, 2013
(Omitted Herein)
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xiv
Exhibit A to Reply Memorandum -
Supplemental Declaration of Dr. Gary Kleck,
dated October 8, 2013 in Support of Plaintiffs
Declaration of William J. Taylor, Jr., dated October
18, 2013 ................................................................. A-2312
Exhibit A to Taylor Declaration -
Transcript of Proceedings, Tardy v. OMalley,
Civil No. CCB-13-2841 (D. Md. October 1,
2013) ...................................................................... A-2314
Exhibit B to Taylor Declaration -
Order, Tardy v. OMalley, Civil No. CCB-13-
2841 (D. Md. Oct. 1, 2013) ................................... A-2407
Order, dated December 23, 2013 denying Plaintiffs
Motion for Hearing ................................................ A-2409
Plaintiffs Notice of Appeal, dated January 3, 2014 . A-2410
State Defendants Notice of Cross-Appeal, dated
January 3, 2014 ...................................................... A-2414

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Assault Weapons:
Mass Produced Mayhem
Brady Center to Prevent Gun Violence
October 2008
Case 1:13-cv-00291-WMS Document 78-6 Filed 06/21/13 Page 3 of 63
A-1115

, -
) 1, .
17 of 284
ii
October 2008
ACKNOWLEDGEMENTS
The Brady Center to Prevent Gun Violence is a national non-profit organization
working to reduce the tragic toll of gun violence in America through education, research,
and legal advocacy. Through its project, Gun Industry Watch, the Brady Center works
to monitor and publicly expose gun industry practices that contribute to gun violence,
with the goal of bringing about life-saving industry reform. The programs of the Brady
Center complement the legislative and grassroots mobilization efforts of its sister
organization, the Brady Campaign to Prevent Gun Violence and its network of Million
Mom March Chapters.
Assault Weapons: Mass Produced Mayhem was written by Brian J. Siebel.
Thanks go to Robyn Steinlauf, Sarah McLemore, Molly Warren, Lindsay Brooker,
Talesia Simon, Natalie Durham, and Elizabeth Haile for their assistance in preparing
this report. If you have questions about any part of this report, or would like a copy,
please write to Gun Industry Watch, Brady Center to Prevent Gun Violence, 1225 Eye
Street, N.W., Suite 1100, Washington D.C. 20005. The report and other Gun Industry
Watch reports are also available at www.bradycenter.org/gunindustrywatch and
www.gunlawsuits.org.
A Note About the Title
The phrase mass produced mayhem is taken from the federal Bureau of
Alcohol, Tobacco, Firearms and Explosives description of assault weapons in its
Assault Weapons Profile (April 1994).
Copyright 2008 by Brady Center to Prevent Gun Violence
No part of this publication may be reproduced without prior permission.
October 2008
A-1116
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iii
Table of Contents
Executive Summary...................................................................................................... iv
Assault Weapons Are Designed to Slaughter People ................................................ 1
Assault Weapons Threaten Law Enforcement and Terrorize Civilians..................... 3
Police Outgunned ............................................................................................... 3
Civilians Massacred............................................................................................ 7
Crime Use Disproportionate ............................................................................ 10
Terrorists Armed............................................................................................... 10
Assault Weapons Have No Sporting or Self-Defense Purpose ............................... 14
Dangerous and Unusual Weapons Are Not Protected by the Second
Amendment.................................................................................................................. 18
A Strong Federal Assault Weapons Ban Should Be Enacted.................................. 19
Effect of 1994 Federal Ban............................................................................... 19
Support by Law Enforcement, the Public, and Presidents............................ 20
Conclusion................................................................................................................... 22
Appendix: Examples of Assault Weapons Violence Reported
Since Federal Ban Expired ......................................................................................... 23
Endnotes ...................................................................................................................... 50
Table of Contents
A-1117
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iv
Assault weapons are military-style weapons of war, made for offensive military
assaults. It is no accident that when a madman, Gian Luigi Ferri, decided to assault the
law offices at 101 California Street in San Francisco, he armed himself with two TEC-9
assault weapons with 50-round magazines, which enabled him to kill eight people and
wound six others.
1
Or that the Columbine high school shooters, who killed 12 students
and a teacher, included a TEC-9 assault pistol in their arsenal.
2
Or that the Branch-
Davidians at Waco, Texas, accumulated an arsenal of assault weapons to prepare for
battle against the federal government, including 123 AR-15s, 44 AK-47s, two Barrett .50
calibers, two Street Sweepers, an unknown number of MAC-10 and MAC-11s, 20 100-
round drum magazines, and 260 large-capacity banana clips.
3
Or that James Huberty
used an UZI assault pistol and a shotgun to kill 21 people and wound 19 others at a
McDonalds in San Ysidro, California.
4
Or that Patrick Purdy used an AK-47 assault rifle
to kill five children and wound 29 others and a teacher at an elementary school in
Stockton, California. Equipped with a 75-round drum magazine, Purdy was able to
shoot 106 rounds in less than two minutes.
5
The list of horrific attacks goes on.
6
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has
called assault weapons mass produced mayhem.
7
They have been weapons of
choice for gangs, drug dealers, and mass killers. They have been used to slaughter
innocents in numerous high-profile shootings, and have been used to outgun police
officers on the streets. They are of no use for hunters and are counterproductive for
lawful defense of ones home. Law enforcement throughout the nation has called for
them to be banned. Presidents Gerald Ford, Jimmy Carter, Ronald Reagan, Bill
Clinton, and George W. Bush did not agree on much, but they all supported an assault
weapons ban.
For ten years, from 1994-2004, federal law banned these weapons of war.
Although this now-expired law was limited in scope, and was circumvented by many
gun manufacturers, it reduced the use of assault weapons in crime. The experience
suggests that a stronger, more comprehensive law would enhance public safety even
more.
In the four years since the federal ban expired, hundreds of people have been
killed in this country with military-style assault weapons. This report lists incidents in
which at least 163 people have been killed and 185 wounded in with assault weapons,
including at least 38 police officers killed or wounded by them. Moreover, as these
incidents are only those that we could find reported in the press, the actual tally of
fatalities and injuries is almost certainly much higher.
Since the federal assault weapon expired in 2004, politicians from President
George W. Bush to Senator John Warner have called for its renewal. But on this issue,
the two major presidential candidates offer two starkly opposing views: Senator Barack
Executive Summary
A-1118
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v
Obama has stated as recently as his convention acceptance speech that it is imperative
that criminals be denied the use of assault weapons. Senator John McCain, who has
opposed the NRA on gun shows and other issues, has been firm in his opposition to
assault weapon bans. The question should be asked of the candidates, Senator, why
should civilians be allowed to wield these weapons of war?
This report provides the factual basis for answering that question, and makes the
evidentiary case for an assault weapons ban. The report also outlines how the
availability of assault weapons to criminals has altered the balance of power on urban
streets between police and criminals, placing police officers in grave risk of harm.
SWD M-10, M-11, M-11/9, and M-12 Assault Pistol
AK-47 Assault Rifle (Many variants)
A-1119
21 of 284
1
assault
Assault weapons are semiautomatic versions of fully automatic guns designed
for military use. These guns unleash extraordinary firepower. When San Jose,
California, police test-fired an UZI, a 30-round magazine was emptied in slightly less
than two seconds on full automatic, while the same magazine was emptied in just five
seconds on semiautomatic.
8
As the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has
explained:
Assault weapons were designed for rapid fire, close quarter shooting at
human beings. That is why they were put together the way they were.
You will not find these guns in a duck blind or at the Olympics. They are
mass produced mayhem.
9
ATF has also described semiautomatic assault weapons as large capacity, semi-
automatic firearms designed and configured for rapid fire, combat use. Most are
patterned after machine guns used by military forces.
10
In short, as a Montgomery
County, Alabama Sheriff has said: [T]heres only one reason for owning a gun like
that killing people. Theres no other use other than to kill people. Thats all
theyre made for.
11
Assault weapons have distinct features that separate them from sporting
firearms.
12
While semiautomatic hunting rifles are designed to be fired from the
shoulder and depend upon the accuracy of a precisely aimed projectile, the military
features of semiautomatic assault weapons are designed to enhance their capacity to
shoot multiple human targets very rapidly. Assault weapons are equipped with large-
capacity ammunition magazines that allow the shooter to fire 20, 50, or even more than
100 rounds without having to reload. Pistol grips on assault rifles and shotguns help
stabilize the weapon during rapid fire and allow the shooter to spray-fire from the hip
position. Barrel shrouds on assault pistols protect the shooters hands from the heat
generated by firing many rounds in rapid succession. Far from being simply cosmetic,
these features all contribute to the unique function of any assault weapon to deliver
extraordinary firepower. They are uniquely military features, with no sporting purpose
whatsoever.
13
Accordingly, ATF has concluded that assault weapons are not generally
recognized as particularly suitable for or readily adaptable to sporting purposes and
instead are attractive to certain criminals.
14
An ATF survey of 735 hunting guides,
conducted during the administration of President George H.W. Bush, found that
sportsmen do not use assault weapons.
15
These findings were confirmed in a second
study performed by ATF under the Clinton Administration.
16
Assault Weapons Are Designed to Slaughter People
A-1120
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2
A researcher hired by the Department of Justice to analyze the effect of the 1994
federal ban on assault weapons confirmed that the firepower of assault weapons gives
them greater destructive potential. His analysis found that:
attacks with semiautomatics including assault weapons and other
semiautomatics equipped with large capacity magazines result in more
shots fired, more persons hit, and more wounds inflicted per victim than do
attacks with other firearms.
17
This contradicts the National Rifle Associations (NRA) assertion that there are only
cosmetic differences between the guns affected by the assault weapon ban and other
firearms.
TEC-9, TEC-DC-9, and TEC-22 Assault Pistol
Steyr AUG Assault Rifle
A-1121
I
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3
Assault Weapons Threaten Law Enforcement
and Terrorize Civilians
Since the federal assault weapons ban expired in September 2004, assault
weapons have again flooded our streets, causing mayhem. Law enforcement agencies
throughout the United States have reported an upward trend in assault weapons
violence, forcing many police departments to invest in expensive assault weapons to
keep from being outgunned by criminals. However, even with greater firepower and the
availability of bulletproof vests, many officers have lost their lives to assault weapon
attacks. Hundreds of civilians have also been victimized by assault weapons, many of
them in multiple-victim attacks. In an appendix to this report, we list more than 200
assault weapons shootings and attacks that have occurred since the federal ban
expired and the list does not purport to be comprehensive. Assault weapons may not
be used in the majority of crimes handguns are but they are disproportionately used
in crime compared to their numbers in circulation. Moreover, assault weapons have
special appeal to terrorists. They have no place in a civilized society.
Police Outgunned
Law enforcement has reported that assault weapons are the weapons of choice
for drug traffickers, gangs, terrorists, and paramilitary extremist groups. As Los Angeles
Police Chief William Bratton said:
There is a reason that these weapons are so appealing to criminals. They
are designed to be easily concealed and kill as many people as possible
as quickly as possible. Congress must act and act now to protect the
American public and our police officers from these deadly weapons. This
is about public safety and law enforcement.
18
Law enforcement officers are at particular risk from these weapons because of
their high firepower, which often leaves them outgunned by criminals. A researcher for
the Department of Justice found that:
[A]ssault weapons account for a larger share of guns used in mass
murders and murders of police, crimes for which weapons with greater
firepower would seem particularly useful.
19
Indeed, numerous law enforcement officers have been killed with high-firepower
assault weapons.
20
In black sidebars on the following pages, we list ten cases of
officers down since the federal assault weapons ban expired in September 2004.
Unfortunately, there have been many more.
21
Assault Weapons Threaten Law Enforcement and
Terrorize Civilians
A-1122
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4
I n addi t i on, pol i ce
departments have found that the
bans expiration has led to
increased criminal access to
assault weapons and levels of
violent crime, forcing many to outfit
their officers with assault rifles of
their own.
27
An informal survey of
about 20 police departments
conducted by the International
Association of Chiefs of Police
revealed that since 2004, all of the
agencies have either added
assault weapons to patrol units or
replaced existing weapons with
military-style assault weapons.
28
Were in an arms race,
said Police Chief Scott Knight,
chairman of the firearms committee
of the International Association of
Chiefs of Police.
29
Indeed, data
collected from ATF found that,
since 2005, the first full year after
the federal ban on assault
weapons expired, ATF recorded an
11% increase in crime gun tracings
of AK-47-type assault weapons.
30
The Chi cago Pol i ce
Department reported a 10%
increase in the number of assault
weapons seized. Superintendent
Phil Cline said, [t]hese are guns
that can shoot up to 30 rounds with
a couple pulls of the trigger. And it
puts our police in grave danger out
there. So, wed like still to see
some kind of ban, either by the
state or federally.
31
In 2006, law enforcement in
Miami noted the effect of the
expiration of the assault weapons
ban on the rash of crimes used
with these now-legal weapons.
OFFICERS DOWN
San Antonio, Texas. September 8, 2008.
A man shot two police officers with an assault rifle
when the police attempted to arrest him. A standoff
between the suspect and police followed, ending hours
later when the suspect shot and killed himself.
22
Tucson, Arizona. June 1, 2008.
A man shot at several houses with an assault rifle, then
lead police in pursuit across Tucson for more than an
hour. During the chase, the gunman shot at police
multiple times, fatally shooting one officer and injuring
two Sheriffs deputies.
23
Philadelphia, Pennsylvania. May 3, 2008.
Officer Stephen Liczbinski was shot and killed by an
assault rifle as he was responding to a robbery at a
Bank of America branch. Three men robbed the bank
and were fleeing when Officer Liczbinski stopped their
car and exited his patrol car. At that time, one of the
bank robbers opened fire with an SKS assault rifle,
striking Liczbinski numerous times. One suspect was
eventually shot and killed by police and the other two
were arrested and charged with murder.
24
Miami, Florida. September 13, 2007.
Police spotted a vehicle driving erratically and followed
it until it stopped in a residential complex. The suspect
got out and hopped a fence to the rear of the home; the
officers exited their patrol car and went to the front of
the home and were granted permission to search by a
female resident. The suspect grabbed a high-powered,
military-style assault rifle and fired at the police officers
through a window, killing Officer Jose Somohano. The
suspect then exited the house and shot three other
officers as he escaped. The shooter was caught later
that day but would not relinquish his assault rifle so he
was shot and killed by police officers.
25
Floyd County, Indiana. June 18, 2007.
Two officers responded to a domestic disturbance call
between a mother and her son. The officers were
speaking with the mother on the driveway when the 15-
year-old son ambushed both officers from an upstairs
window and shot at them with a high-powered assault
rifle. One officer was killed and the other was seriously
wounded.
26
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5
County state attorney Katherine Fernandez-Rundle stated that the AK-47 is the
favorite weapon of dangerous gangs gaining influence in Miami.
32
Miami-Dade Police
Director Robert Parker stated there was nothing positively gained by the lifting of the
ban on assault weapons by the government.
33
Just over a year later, Miami police said that the amount of assault weapons they
recovered, and homicides using assault weapons, had continued to increase. While
just four percent of homicides in Miami in 2004 were committed with assault weapons,
in 2007, it was one in five.
34
It's almost like we have water pistols going up against
these high-powered rifles, said John Rivera, president of the Dade County Police
Benevolent Association. Our weaponry and our bulletproof vests don't match up to any
of those types of weapons.
35
The death of Miami police officer Sgt. Jose Somohano - killed by a shooter
wielding a MAK-90 three years to the day after the federal ban expired - prompted
Miami Police Chief John Timoney for the first time to authorize officers to start carrying
assault weapons. The Chief blamed the expiration of the federal ban for the current
arms race between police and drug gangs using assault weapons:
This is really a failure of leadership at the national level. We are
absolutely going in the wrong direction here. The whole thing is a friggin
disgrace.
36
He added:
Two or three years ago, we had the lowest homicide rate since 1967 in
Miami. Then the homicides skyrocketed with the availability of AK-47s.
And it went from 3% of all homicides being committed with AKs, up to 9%
two years ago, then 18% last year, and this year it is around 20%. And its
going up. Were being flooded with these AK-47s.
37
Shootings involving assault weapons were among the reasons U.S. Attorney R.
Alexander Acosta set up an anti-gang task force of federal, state, and local law
enforcement officials in Florida in 2007. Fifteen federal prosecutors were assigned to
the effort. Said Acosta of assault weapons:
These bullets are very powerful: they go through walls, they go through
cars, and if you just spray the general vicinity you're going to get innocent
bystanders. A shooting that might have been an injury previously is now a
death.
38
Pittsburgh law enforcement also has noticed an increase in criminal use of
assault weapons since the expiration of the ban. Firearms like the AK-47 and Soviet
SKS Carbine have become the weapons of choice for street criminals. Pittsburghs
Assistant Chief of Police William Mullen blamed the expiration of the ban for this
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6
increase and noted, [t]heres a lot more assault
weapons in the area in districts now than ever
before.
44
In Houston, where homicides were up
significantly in 2006, Police Chief Harold Hurtt
said the AK-47 assault rifle had become a
weapon of choice among warring gangs.
45
Palm Beach County police have noted an
alarming trend of AK-47 use in violent crimes.
Sheriffs Lieutenant Mike Wallace said: It seems
to be the weapon of choice right now. Its a
weapon of war, and the function is to kill and
maim. When somebody gets hit with that, it
causes horrendous damage.
46
Sergeant Laurie
Pfiel of the same office said: [Criminals] dont
have .38s anymore. They have AK-47s.
47
Martin County Sheriffs Office Captain Ed
Kirkpatrick of Florida details the effect of criminal
possession of assault weapons on effective law
enforcement: Everyone is taking more
precautions. When you stop a car in the middle
of the night, you [didnt] think about it. Now you
do. These are very powerful weapons.
48
Franklin County, North Carolina Sheriff
Pat Green said: Ive been in this business 25
years, and its just getting worse, referring to a
report that they have been finding more and
more assault weapons at crime scenes in the
state.
49
In South Carolina, Lieutenant Ira
Parnell, head of the State Law Enforcement
Divisions firearms lab, noted that investigators
are seeing an increase in criminal use of AK-47
and SKS assault rifles.
50
Fort Wayne, Indiana police reported a
significant spike in seizures of assault weapons
since the ban expired, from two in 2003, to nine
in 2004, eight in 2005, 29 in 2006, and 20 in
2007. [W]ere certainly seeing them more and
more, said Police Chief Rusty York.
51
Similarly,
Omaha, Nebraska police seized 39 assault rifles
in 2007, up from nine in 2006.
52
OFFICERS DOWN
Biloxi, Mississippi. June 5, 2007. A
gunman with an AK-47 ambushed
police officers in a shootout, killing
one, then shooting himself. The
gunman lured police by firing shots in
the neighborhood and waiting. After
shooting one officer, the gunman
unloaded an additional round into the
patrol car. The gunman had a cache
of backup guns and ammunition
waiting inside his home.
39
Chantilly, Virginia. May 8, 2006. A
teenager with an AK-47 and 5
handguns engaged in a firefight at a
police station in suburban Virginia,
killing Detective Vicky Armel
immediately and wounding two other
officers, one of whom, Officer Michael
Garbarino, died nine days later from
his injuries.
40
Las Vegas, Nevada. February 1,
2006. A 22-year-old fired at least 50
rounds from an assault rifle, shooting
two Las Vegas police officers and
killing one, before being shot and
killed by the surviving officer.
41
Livingston County, Kentucky. June
2, 2005. A deputy was shot when he
responded to a domestic disturbance
call placed by a couples 18-year-old
daughter. When the officer entered
the home, a male fired at least 8
rounds from an assault rifle at him,
hitting him four times and killing him.
The officer was able to fire one round
which killed the gunman.
42
Ceres, California. January 9, 2005.
A 19-year-old Marine armed with an
SKS assault rifle shot two police
officers, killing one, in a gun battle
outside a liquor store.
43
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7
In San Francisco, Police Officers Association President Gary Delanges said:
Just about every crook you run into out there [who] is a drug dealer or a gang bangers
got one of these weapons. And its putting our officers lives at risk.
53
Deputy Chief
Morris Tabak displayed some of the seized assault weapons, including a .22 caliber gun
modified to hold 100 rounds. These are what could be described only as anti-
personnel weapons, he said.
54
Israeli Military Industries Action Arms UZI Assault Rifle
Civilians Massacred
Assault weapons have been used to perpetrate some of the most horrific crimes,
including mass murders, ever committed in the United States. Some of the most
infamous ones are cited in the Executive Summary of this report. Unfortunately, this
gruesome death toll has grown since the expiration of the 10-year federal ban on
assault weapons.
As can be seen from the following examples, assault weapons have been used
to kill civilians engaged in common activities of life, in all types of circumstances and
places. The Appendix lists more than 200 examples from just the last four years.
Teens slaughtered at a swimming hole in Wisconsin
On July 31, 2008, a man used an assault rifle to massacre a group of teenagers,
killing three and injuring a fourth near Niagara, Wisconsin. The teens were gathered
along a river to go swimming when the gunman emerged from surrounding woods and
began shooting.
55
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8
Apartment employees shot by a disgruntled tenant in Virginia
On March 19, 2008, in Virginia Beach, Virginia, a man shot five people, killing
two, with an AK-47 assault rifle and .9mm handgun before killing himself. The man was
about to be evicted from his apartment and targeted the apartment complexs
employees in his attack.
56
Churchgoers gunned down in Colorado
On December 9, 2007, a man armed with an assault rifle attacked a missionary
training center in Arvada and a church in Colorado Springs. He killed two people and
injured two others in Arvada, and killed two and injured three others, including two
teenage sisters, in Colorado Springs. He was injured by a security guard and then shot
himself.
57
Mall shoppers massacred in Nebraska, Washington, and New York
On December 5, 2007, nine people were shot to death and five others were
injured after a 20-year-old shooter, armed with a military-style assault rifle, attacked
shoppers in a department store in an Omaha, Nebraska mall.
58
On November 20, 2005, a 20-year-old male opened fire in a Tacoma,
Washington mall, wounding six. The shooter took four hostages, all of whom were
released unharmed.
59
On February 13, 2005, a gunman fired more than 60 shots from an AK-47
assault rifle in the Hudson Valley Shopping Mall in Ulster, New York, wounding two and
causing tens of thousands of dollars of damage before being apprehended. A few
hours earlier, the shooter had purchased armor-piercing ammunition from a nearby Wal-
Mart.
60
Birthday party celebrants spray-fired in Louisiana
On September 15, 2007, at least 28 bullets were fired from an AK-47 at an
outdoor birthday party for five-year-old twins in the courtyard of a housing complex in
Kenner, Louisiana. A 19-year-old was killed and three children were wounded, ages 7,
8 and 13.
61
Pregnant woman and child shot while sleeping in Illinois
On June 25, 2006, in Calumet City, Illinois, a 22-year old pregnant woman and
her three-year old son were shot and killed while they were sleeping when an unknown
gunman fired 30 rounds from an AK-47 into their home at 1:15 a.m.
62
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9
Family massacred in a home robbery in Indiana
On June 2, 2006, in Indianapolis, Indiana, seven family members, four adults and
three children, were shot and killed in their home by a robber armed with an assault
rifle. Nearly 30 shell casings were found.
63
Two young girls shot in their homes in Illinois
On March 11, 2006, 10-year-old Siretha White was killed by a shot to her head
as she was celebrating her birthday in her living room. A spray of bullets from an assault
weapon peppered the house from a nearby fight.
64
Just over a week earlier, on March 3, 2006, a stray bullet from an assault rifle
struck a 14-year-old honor student as she was looking out the window of her home,
killing her instantly.
65
College students murdered while camping in Florida
On January 7, 2006, two college students camping in the Ocala National Forest
in Florida were randomly targeted by a man who shot and killed them with a stolen AK-
47.
66
Domestic violence leads to mass shootout on courthouse steps in
Texas and triple-slaying in Ohio
On February 25, 2005, in Tyler, Texas, a gunman who was reportedly fighting
with his ex-wife over child support for their two youngest children, shot over 50 rounds
from an SKS assault rifle on the steps of his local courthouse, killing his ex-wife and a
bystander. The shooters 23-year-old son and three law enforcement officers were
wounded in a shootout.
67
Just a day earlier in Akron, Ohio, a man shot and killed his girlfriend and her
seven-year-old son using an AR-15 assault weapon, then fired more than 100 rounds at
a dozen law enforcement officers as he fled the murder scene. The gunman was
arrested the next morning inside the apartment of a Kent State University student, who
he also murdered with the AR-15 assault weapon. Police subsequently seized 21
weapons kept by the suspect, including an Uzi and an AK-47.
68
Hunters gunned down in the woods in Wisconsin
On November 21, 2004, near Hayward, Wisconsin, a 36-year-old man opened
fire with an SKS semiautomatic rifle, killing six members of a hunting party and
wounding two after being asked to leave another hunters property.
69
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10
Crime Use Disproportionate
The firepower of assault weapons makes them especially desired by violent
criminals and especially lethal in their hands. Prior to the Act, although assault
weapons constituted less than 1% of the guns in circulation,
70
they were a far higher
percentage of the guns used in crime. ATFs analysis of guns traced to crime showed
that assault weapons are preferred by criminals over law abiding citizens eight to
one. Access to them shifts the balance of power to the lawless.
71
In arguing against assault weapon bans, the NRA and its supporters have cited
Justice Department studies based on surveys of state and federal prisoners to claim
that assault weapons are used in only 2% of crimes nationally. These studies, however,
actually confirm the disproportionate use of assault weapons in crime. More than 80%
of these prisoners used no firearm in the commission of their crime. Within the category
of inmates who used guns to commit crimes, semiautomatic assault weapons were
actually used in 6.8% of state prosecutions and 9.3% of federal prosecutions.
72
Both
percentages are much higher than the estimated 1% of guns in circulation that are
assault weapons.
73
In addition, research by Dr. Garen Wintemute of the University of California at
Davis has found that gun buyers with criminal histories were more likely to buy assault
weapons than buyers without such histories. Wintemute further found that the more
serious the offenders crimes, the more likely he is to buy assault weapons. Assault
weapon buyers also are more likely to be arrested after their purchases than other gun
purchasers.
74
Fabrique Nationale FN/FAL, FN/LAR, and FNC Assault Rifle
Terrorists Armed
As our nation wages a war on terrorism at home and abroad one salient fact
is especially unassailable: terrorists and assault weapons go together. The assault
weapons capacity to mass-murder within a matter of seconds makes it an ideal weapon
for domestic and foreign terrorists alike. The oft-seen file footage of Osama Bin Laden,
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11
aiming his AK-47 at an unknown target, is now a familiar reminder of the incontrovertible
connection between terrorism and assault weapons.
After Americas bombing of terrorist camps in Afghanistan after 9/11, the Chicago
Tribune reported that, among the mounds of rubble found at a training facility in Kabul
for a radical Pakistan-based Islamic terrorist organization, was a manual entitled How
Can I Train Myself for Jihad containing an entire section on Firearms Training.
75
Tellingly, the manual singles out the United States for its easy availability of firearms
and advises al-Qaeda members living in the United States to obtain an assault weapon
legally, preferably AK-47 or variations. Further, the manual sets forth guidelines for
how would-be terrorists should conduct themselves in order to avoid arousing suspicion
as they amass and transport firearms.
As the following examples indicate, terrorists have sought and obtained assault
weapons in the U.S.
Conspirators armed to attack within the United States
On May 7, 2007, five New Jersey men were indicted for conspiring to attack the
United States Army base at Fort Dix, NJ. Over several months, the conspirators
managed to stockpile numerous assault weapons, along with shotguns and various
other small arms, and used these weapons in tactical training for their attack. The men
had also arranged to purchase five fully automatic AK-47s and several M-16s at the
time of their arrest.
76
On March 16, 2005, in New York, Artur Solomonyan, an Armenian, and Christian
Dewet Spies, of South Africa, were indicted for smuggling a small arsenal of assault
weapons into the U.S. from Russia and Eastern Europe. The two men, who had
entered the U.S. illegally, stored these weapons in storage lockers in New York, Los
Angeles, and Fort Lauderdale. When approached by an FBI informant with ties to
terrorist organizations, Solomonyan and Spies offered to sell him AK-47s and machine
guns, along with RPG-launchers, mines, and other military-grade ordnance.
77
In late April 2004, Michael J. Breit of Rockford, Illinois, was arrested after firing
his AK-47 in his apartment. Federal agents recovered seven guns, more than 1,300
rounds of ammunition, pipe bomb making components and other explosives, a list of
government officials and political and public figures with the word "marked" written next
to them, and a written plan for 15 heavily armed men to kill 1,500 people at a
Democratic presidential event. Breit's library included The Turner Diaries, the anti-
government cult novel that inspired Timothy McVeigh, and Guns, Freedom and
Terrorism, the book authored by NRA CEO Wayne LaPierre, investigators said.
78
In September 2001, Ben Benu, Vincente Pierre and his wife were arrested in
Virginia for illegally buying assault weapons and other guns. The arrests were part of
the post-September 11
th
sweep of terrorism suspects. They were alleged to be part of a
militant group called Muslims of America (also linked to a terrorist group called Al
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12
Fuqra). They bought guns including an SKS assault rifle, a 9mm pistol, and AK-47
ammunition.
79
Street Sweeper/Striker 12 Assault Shotgun
Arming terrorists and criminals abroad with
assault weapons bought here
On May 6, 2008, Phoenix gun dealer George Iknadosian and two associates
were arrested after receiving a shipment of weapons intended for sale to a Mexican
drug cartel. An undercover investigation by ATF indicated that Iknadosian sold at least
650 AK-47 assault rifles for trafficking to Mexico but that the actual number might have
been be closer to 1,000. Such weapons feed the on-going conflict between drug
traffickers and Mexican authorities, a conflict which resulted in more than 2,000 law
enforcement deaths in an 18-month period.
80
Over several months in 2006, Adan Rodriguez purchased more than 100 assault
rifles, along with many other weapons, from Dallas area gun shops on behalf of
Mexican drug traffickers who paid him in cash and marijuana. Rodriguezs arrest was
one of several key arrests in a five-year crack-down on weapons smuggling to Mexico.
AK-47s, AR-15s, and other high-powered assault weapons, obtained either at gun
shows or through straw purchasers, fuel an on-going war between major Mexican
cartels and police and military officials. Over 4,000 people were killed in this drug-
related violence during an 18-month period in 2007-2008.
81
On September 10, 2001, Ali Boumelhem was convicted on a variety of weapons
charges plus conspiracy to ship weapons to the terrorist organization Hezbollah in
Lebanon. He and his brother had purchased an arsenal of shotguns, hundreds of
rounds of ammunition, flash suppressors and assault weapons components at Michigan
gun shows. Had it not been for a police informant, these purchases would have eluded
any scrutiny.
82
Stephen Jorgensen purchased hundreds of firearms, including AK-47 clones
called MAK-90s, with plans to ship them overseas from Tampa, Florida. Jorgensen
bought 800 MAK-90s, loading them on to small planes. US customs officials say the
guns were headed to the FARK guerilla movement in Colombia, a group on the U.S.
terrorism watch list. Jorgensen was caught because he illegally exported the guns.
83
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I

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13
In June 2001 federal agents arrested Keith Glaude when he tried to purchase 60
AK-47 assault rifles and 10 machine guns in Florida. He told authorities that he
intended to ship the guns to an Islamic extremist group in his native Trinidad.
Previously, that group had acquired over 100 assault weapons in Florida that it used in
a 1990 attempt to overthrow the government of Trinidad and Tobago.
84
Using assault weapons in terrorist attacks
Over a period of weeks in 2002, John Mohammed, a convicted felon, and his
juvenile cohort, Lee Boyd Malvo, terrorized the entire metropolitan Washington, D.C.
area by engaging in a series of sniper attacks on randomly-selected victims. In all, they
shot 16 victims with a Bushmaster XM-15 E2S .223 caliber semiautomatic assault rifle
that one of the snipers allegedly shoplifted from a Tacoma, Washington gun store.
Each of the victims was randomly gunned down while going about simple activities of
daily living, like closing up a store after work,
85
filling a car with gas at a service
station,
86
mowing a lawn,
87
or loading ones car in a mall parking lot.
88
Both shooters
have been convicted of their offenses.
On March 1, 1994, terrorist Rashid Baz opened fire on a van of Hasidic students
crossing the Brooklyn Bridge, killing one student and wounding another. Baz used a
Cobray M-11 assault pistol in the crime. He assembled it from a mail-order kit.
89
On January 25, 1993, Pakistani national Mir Aimal Kasi killed 2 CIA employees
and wounded 3 others outside the entrance to CIA headquarters in Langley, Virginia.
Kasi used a Chinese-made semiautomatic AK-47 assault rifle equipped with a 30-round
magazine purchased from a Northern Virginia gun store.
90
After fleeing the country, he
was arrested in Pakistan in June 1997 and convicted by a Virginia jury in November of
that year.
91
Colt AR-15 Assault Rifle
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14
Assault Weapons Have No Sporting
or Self-Defense Purpose
Prior to passage of the federal assault weapons ban, the importation of certain
types of assault weapons from overseas was banned during the Reagan and George
H.W. Bush Administrations. These import bans were ordered by ATF under the 1968
Gun Control Act, which bars the importation of guns that are not particularly suitable for
or readily adaptable to sporting purposes.
92
Under the Reagan Administration, ATF blocked the importation of certain models
of shotguns that were not suitable for sporting purposes. In 1989, during the George
H.W. Bush Administration, ATF expanded this list to permanently ban the importation of
43 types of semiautomatic assault rifles that were also determined not to have a
sporting purpose. Later, in 1998, President Clinton banned the importation of 58
additional foreign-made copycat assault weapons in order to close a loophole in the
existing import ban.
93
Assault weapons, as opposed to hunting rifles, are commonly equipped with
some or all of the following combat features that have no sporting value:
A high-capacity ammunition magazine enabling the shooter to
continuously fire dozens of rounds without reloading. Standard hunting
rifles are usually equipped with no more than three or four-shot
magazines.
A folding or telescoping stock, which sacrifices accuracy for
concealability and for mobility in close combat.
A pistol grip or thumbhole stock, which facilitates firing from the hip,
allowing the shooter to spray-fire the weapon. A pistol grip also helps
the shooter stabilize the firearm during rapid fire.
A barrel shroud, which allows the shooter to grasp the barrel area to
stabilize the weapon, without incurring serious burns, during rapid fire.
A flash suppressor, which allows the shooter to remain concealed
when shooting at night, an advantage in combat but unnecessary for
hunting or sporting purposes. In addition, the flash suppressor is useful
for providing stability during rapid fire, helping the shooter maintain
control of the firearm.
A threaded barrel designed to accommodate a flash suppressor
or silencer. A silencer is useful to assassins but clearly has no
purpose for sportsmen. Silencers are also illegal.
A barrel mount designed to accommodate a bayonet, which
obviously serves no sporting purpose.
Assault Weapons Have No Sporting or
Self-Defense Purpose
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15
Combat Hardware Commonly Found on Assault Weapons
Assault weapons generally include features that are useful for offensive assaults on
people, but have no sporting or self-defense function. Some of these are shown below.
A-1134
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36 of 284
16
A grenade launcher or flare launcher, neither of which could have
any sporting or self-defense purpose.
A shortened barrel designed to reduce the length of an assault rifle to
make it more concealable. This reduces accuracy and range.
94
In addition to utilizing military features useful in combat, but which have no
legitimate civilian purpose, assault weapons are exceedingly dangerous if used in self
defense, because the bullets many of the weapons fire are designed to penetrate
humans and will penetrate structures, and therefore pose a heightened risk of hitting
innocent bystanders. As Jim Pasco, executive director of the Fraternal Order of Police
has explained: An AK-47 fires a military round. In a conventional home with dry-
wall walls, I wouldnt be surprised if it went through six of them.
95
A bullet fired in
self-defense that penetrated a homes walls, could strike bystanders in neighboring
rooms, apartments, or houses.
High capacity magazines containing more than 10 rounds, which were also
banned as part of the Federal Assault Weapons Act, are also not useful for self-
defense, as former Baltimore County Police Department Colonel Leonard J. Supenski
has testified:
The typical self-defense scenario in a home does not require more
ammunition than is available in a standard 6-shot revolver or 6-10 round
semiautomatic pistol. In fact, because of potential harm to others in the
household, passersby, and bystanders, too much firepower is a hazard.
Indeed, in most self-defense scenarios, the tendency is for defenders to
keep firing until all bullets have been expended.
96
Assault weapons were designed for military use. They have no legitimate use as
self-defense weapons.
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17
Israel Military Industries Action Arms Galil Assault Rifle
Sportsman Jim Zumbo Speaks Out
Assault Rifles are Terrorist Rifles
A long-standing writer for Outdoor Life magazine, Jim Zumbo, created a huge
controversy within the gun lobby when he admitted in an online blog that assault rifles
have no place as hunting weapons. Zumbo wrote:
I must be living in a vacuum. The guides on our hunt tell me that the use of AR
and AK rifles have a rapidly growing following among hunters, especially prairie dog
hunters. I had no clue. Only once in my life have I ever seen anyone using one of
these firearms.
I call them assault rifles, which may upset some people. Excuse me, maybe Im
a traditionalist, but I see no place for these weapons among our hunting fraternity. Ill
go so far as to call them terrorist rifles. They tell me that some companies are
producing assault rifles that are tackdrivers.
Sorry, folks, in my humble opinion, these things have no place in hunting. We
dont need to be lumped into the group of people who terrorize the world with them,
which is an obvious concern. Ive always been comfortable with the statement that
hunters dont use assault rifles. Weve always been proud of our sporting firearms.
This really has me concerned. As hunters, we dont need the image of walking
around the woods carrying one of these weapons. To most of the public, an assault rifle
is a terrifying thing. Lets divorce ourselves from them. I say game departments should
ban them from the prairies and woods.
97
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18
Dangerous and Unusual Weapons Are Not Protected By the Second
Amendment
The Second Amendment does not provide constitutional protection for military-
style assault weapons. In District of Columbia v. Heller,
98
the Supreme Court recently
ruled that the Second Amendment protects an individual right to keep and bear arms for
self-defense in the home.
99
However, the Court also went out of its way to indicate that
the right is limited in a number of ways. One limitation, the Court held, is that not all
arms are protected.
We also recognize another important limitation on the right to keep and
carry arms. [U.S. v.] Miller said, as we have explained, that the sorts of
weapons protected were those in common use at the time. We think
that limitation is fairly supported by the historical tradition of prohibiting
carrying of dangerous and unusual weapons.
100
Assault weapons are certainly dangerous and unusual weapons according to
any reasonable analysis of that phrase. They are military-style offensive weapons
designed to slaughter human beings.
101
This differentiates them from all hunting rifles
and shotguns, as well as common handguns, which are often used in crime but have
also been used in self-defense.
Moreover, assault weapons have never been in common use at any time. As
semi-automatic versions of machine guns developed for use during the World Wars of
the 20
th
Century, they are a relatively recent invention. In addition to being banned by
the federal government for 10 years, they have been banned in several states.
102
Plus,
ATF has twice concluded, after thorough analyses in 1989 and 1998, that assault
weapons have no sporting purpose.
103
This conclusion has blocked them from being
imported into the United States.
Another factor suggesting that the Second Amendment does not protect assault
weapons is that state supreme courts have consistently upheld the constitutionality of
assault weapon bans as reasonable regulations designed to protect public safety under
broadly-worded right-to-bear-arms provisions in state constitutions.
104
The Heller Court
relied on these state constitutional provisions, many of which were adopted in the 18
th
and 19
th
centuries, to support its interpretation that the Second Amendment protects an
individual right to bear arms. Courts construing the Second Amendment, post-Heller,
can be expected to apply a similar standard of review, and uphold a federal assault
weapons ban.
Dangerous and Unusual Weapons Are Not
Protected by the Second Amendment
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19
A Strong Federal Assault Weapons Ban
Should Be Enacted
In response to mass shootings and mounting public pressure, Congress finally
passed a nationwide ban on assault weapons in 1994. In hearings on the bills, the
Senate Judiciary Committee explained the need to:
address the carnage wrought by deadly military-style assault weapons on
innocent citizens and the law enforcement officers who seek to protect us
all. Recent events illustrate again, and with chilling vividness, the tragedy
that results from the wide and easy availability of guns with fire power that
overwhelm our police, of weapons that have no place in hunting or sport
and whose only real function is to kill human beings at a ferocious pace.
105
Those factors are just as prevalent today. Indeed, after 9/11, the need may be greater.
Unfortunately, the 1994 statutes scope and effectiveness were limited in several
important ways. First, the law included a 10-year sunset provision allowing it to lapse
when it was not re-enacted in 2004. Second, the law contained a list of assault
weapons banned by make and model, but this list was not comprehensive. Third, the
statute also banned guns by reference to their military features, but required guns to
have two of these features (in addition to being semiautomatic firearms capable of
accepting a detachable, high-capacity ammunition magazine) in order to be banned.
The requirement of two military features created a loophole that allowed gun makers to
continue manufacturing and selling stripped-down assault weapons.
106
The result was a piece of legislation that was valuable at keeping many of the
most dangerous assault weapons out of criminals hands, but one that also had an
opening for gun manufacturers to evade the ban. Some manufacturers evaded the ban
by developing guns, like the Bushmaster XM-15, Intratecs AB (After Ban)-10, and
Olympic Arms PCR (Politically Correct Rifle), with only minor changes in features to
banned weapons.
Effect of the 1994 Ban
According to a study published by the Brady Center in 2004 entitled On Target:
The Impact of the 1994 Federal Assault Weapons Act, the federal assault weapons ban
reduced the incidence of assault weapons use in crime. In the five-year period (1990-
1994) before enactment of the ban, assault weapons named in the Act constituted
4.82% of the crime gun traces ATF conducted nationwide. In the post-ban period after
1995,
107
these assault weapons made up only 1.61% of the guns ATF has traced to
crime a drop of 66% from the pre-ban rate.
108
Moreover, ATF trace data showed a
steady year-by-year decline in the percentage of assault weapons traced, suggesting
that the longer the statute was in effect, the less available these guns became for
A Strong Federal Assault Weapons Ban
Should Be Enacted
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20
criminal misuse. Indeed, the absolute number of banned assault weapons traced also
declined. An initial report issued by the Department of Justice supported these
findings.
109
These findings were further supported in a later report by one of the same
researchers.
110
This analysis was based on crime gun trace data compiled by ATF of more than
1.4 million crime guns recovered across the United States between 1990 and 2001.
111
If the ban had not been enacted, and had the banned assault weapons continued to
make up the same percentage of crime gun traces as before the Acts passage, it was
estimated that approximately 60,000 more of the banned assault weapons would have
been traced to crime in the 10 years the law was in effect. Former ATF officials at
Crime Gun Solutions, LLC, including the former Special Agent in Charge of ATFs
National Tracing Center, analyzed the data for the Brady Center.
On Target also looked at the problem of copycat assault weapons developed by
the gun industry to enable the continued sale of high-firepower weapons. The study
found that industry efforts to evade the federal ban through the sale of these copycat
weapons was able to diminish, but not eliminate, the 1994 Acts beneficial effects. Even
including copycats of the federally banned guns, there was still a 45% decline between
the pre-ban period (1990-1994) and the post-ban period (1995 and after) in the
percentage of ATF crime gun traces involving assault weapons and copycat models.
The lesson to be drawn from this study is that a new assault weapons ban should
be passed to reduce criminal use of these dangerous weapons, but it should be
stronger and more comprehensive than the original federal ban to reduce indirect
evasion through the manufacture of copycat weapons. One model for a strong assault
weapons ban is the law California enacted in 2000 that bans military-style weapons
capable of accepting high-capacity ammunition magazines that have even a single
combat feature.
112
Representative Carolyn McCarthy has introduced similar strong
assault weapons legislation in the U.S. House of Representatives.
113
Support by Law Enforcement, the Public, and Presidents
The law enforcement community has long supported strong assault weapons
bans. Every major national law enforcement organization in the country supported the
Federal Assault Weapons Act and urged its renewal, including the Law Enforcement
Steering Committee, Fraternal Order of Police, National Sheriffs Association,
International Association of Chiefs of Police, Major City Chiefs Association, International
Brotherhood of Police Officers, National Association of Police Organizations, Hispanic
American Police Command Officers Association, National Black Police Association,
National Organization of Black Law Enforcement Executives, Police Executive
Research Forum, and Police Foundation.
In poll after poll, the American people, regardless of party affiliation, have
consistently supported a federal ban on assault weapons. In an ABC/Washington Post
poll conducted in August-September 1999, 77% of adults supported a nationwide ban
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21
on the sale of assault weapons.
114
That same percentage held firm through the end of
2003 when an NBC News/Wall Street Journal poll found that 78% of adults nationwide
expressed support for renewing the federal ban.
115
In September 2004, just after the
assault weapons ban expired, a Harris poll found that a substantial majority of
Americans, 71%, favored reinstatement of the ban.
116
As more time has passed without
a federal assault weapons ban in effect, support for a ban has grown. For example, a
2007 poll from Illinois found that 80% of voters favored banning semiautomatic assault
weapons.
117
Newspaper editorial boards have also continued their strong support for
getting assault weapons off our nations streets.
118
Presidents across the political spectrum have supported an assault weapons
ban. Former Presidents Ford, Carter, and Reagan wrote Congress in support of the
1994 ban to urge you to listen to the American public and to the law enforcement
community and support a ban on the further manufacture of these weapons.
119
In
2004, Presidents Ford, Carter, and Clinton wrote to urge re-authorization of the ban.
120
President George W. Bush also stated that he supported the ban and would sign its
reauthorization if it passed Congress.
Senator Obama Opposes Assault Weapons for Civilians, While
Senator McCain Supports Them

Of the Presidential candidates, Senator Barack Obama supports banning
assault weapons. He also addressed the issue in his acceptance speech to the 2008
Democratic Convention, saying, "The reality of gun ownership may be different for
hunters in rural Ohio than they are for those plagued by gang violence in Cleveland,
but don't tell me we can't uphold the Second Amendment while keeping AK-47s out of
the hands of criminals."
Senator John McCain has consistently opposed an assault weapon ban, saying
it represented an arbitrary restriction on the constitutional rights of law-abiding
citizens.
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22
Conclusion
Assault weapons are weapons of war that are sought after and used by street
gangs, drug dealers, and terrorists, but are of no use to law-abiding persons who own
guns for sporting purposes and self-defense. Law enforcement and an overwhelming
majority of the American public realize that these guns have no place in civilian hands,
and should be banned. For 10 years, America attempted to limit the mayhem caused
by assault weapons and the high-capacity ammunition magazines that they utilize.
Although the gun industry worked hard to evade the federal ban by marketing assault
weapons stripped of enough features to get by, gun makers were not wholly effective at
neutralizing the federal bans effect. Even accounting for the industrys evasive efforts,
the use of assault weapons in crime declined substantially. Unfortunately, President
Bush and the 108
th
Congress allowed it to lapse.
We need to enact a new, stronger federal assault weapons ban to keep these
dangerous guns off the streets a law that will ban all military-style weapons and with
no sunset provision.
The lives of our law enforcement officers and our citizens hang in the balance.
Beretta AR 70 Assault Rifle
Conclusion
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23
APPENDIX:
North Tulsa, Oklahoma. October 6, 2008. A man accidentally shot his roommate
with an SKS assault rifle. The victim and shooter were arguing with the victims
estranged wife and another man when the shooter fired warning shots, hitting his
roommate inadvertently.
1
Madison, Illinois. October 6, 2008. A 12-year-old boy died after getting caught in
the middle of a gunfight. More than 40 shots were fired as a man with an assault rifle
exchanged fire with gunmen in cars.
2
Springfield, Missouri. October 4, 2008. A 21-year-old shot two men with an AR-
15 Assault Rifle during an argument at a nightclub.
3
Kansas City, Missouri. October 2, 2008. Two men, one armed with an assault
rifle, shot at two undercover police officers. The officers returned fire, injuring the
two assailants.
4
Brownsville, Texas. September 30, 2008. Two men armed with an AK-47 Assault
Rifle and .38 revolver shot multiple rounds at a group of men gathered outside a
home twice in one night. There was a long-standing argument between the shooters
and one of the victims. Nobody was hurt in either incident.
5
Battle Creek, Michigan. September 28, 2008. A felon with an assault weapon
shot two teenagers in retaliation for a shooting several weeks prior.
6
Jackson, Mississippi. September 26, 2008. Two men armed with an assault rifle
shot repeatedly at a house, hitting a woman and a one year old boy inside.
7
Lenoir, North Carolina. September 21, 2008. A former police officer and army
veteran, who was armed with an assault rifle, shot two sheriffs deputies, killing one
of them.
8
San Antonio, Texas. September 18, 2008. A gunman with an AK-47 assault rifle
fired more than 15 rounds at a home, hitting a woman sleeping inside twice.
9

1
Man accidentally shot by roommate, KJRH- TV 2, Tulsa, Oklahoma, Oct. 6, 2008.
2
12 Year Old Shot Dead In Madison, Illinois Overnight, ASSOCIATED PRESS, Oct. 7, 2008.
3
Dirk Vanderhart, Shooting prompted by conflict over woman, hat, SPRINGFIELD NEWS-LEADER, Oct. 7,
2008.
4
KCMO Officers Fired on with Assault Rifle, WDAF-TV 4, Kansas City, Missouri, Oct. 2, 2008.
5
Police: 10-year grudge prompts downtown shooting, BROWNSVILLE HERALD, Oct. 3, 2008.
6
Trace Christenson, B.C. man faces attempted murder charge, BATTLE CREEK ENQUIRER, Oct. 2, 2008.
7
2 men charged in shooting denied bond, ASSOCIATED PRESS, Oct. 2, 2008.
8
Dee Henry, Armed and dangerous, HICKORY DAILY HERALD, Sept. 22, 2008.
APPENDIX: Examples of Assault Weapon Violence
Since Federal Ban Expired
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24
Charlotte, North Carolina. September 15, 2008. Two people were sitting in a car
outside an apartment building when a man shot at them with an assault rifle. One
person in the car was hit twice and the other individual was injured by shattered
glass.
10
Houston, Texas. September 9, 2008. One person died and two were injured in an
overnight shooting. The assailants were carrying several weapons, including an
assault rifle.
11
San Antonio, Texas. September 8, 2008. A man shot two police officers with an
assault rifle when the police attempted to arrest him. A standoff between the
suspect and police followed, ending hours later when the suspect shot and killed
himself.
12
Tulsa, Oklahoma. September 7, 2008. A gunman with an assault weapon opened fire
on a car carrying five teenagers home from church. Four of the five passengers were
hit: Donivan Crutcher died from his wounds, Adrion Crutcher sustained damage to his
spinal cord, Jeremy Williams lost the sight in his left eye, and Jahmal Bryant was in the
intensive care unit. Four days later, a suspect was arrested in connection with the
shooting.
13
Birmingham, Alabama. September 5, 2008. A man shot and killed his landlord
with an SKS assault rifle after the two argued over stolen property.
14
Dayton, Ohio. August 26, 2008. A 31-year-old man sustained severe leg injuries
when he was shot multiple times with an assault rifle.
15
Hope Mills, North Carolina. August 25, 2008. An 18-year-old shot a man in the
head with an assault rifle. The victim was leaving the shooters house by car, along
with a woman and baby, when the incident occurred.
16
Miami, Florida. August 23, 2008. An intoxicated customer was shot with an AK-47
assault rifle after being kicked out of a strip club. The shooter was then shot by
another man, who was also carrying an assault rifle.
17

9
Shooter Opens Fire On Home, Sleeping Woman Hit Twice, WOAI TV 4 San Antonio, Sept. 18, 2008.
10
Apartment Complex Evacuated After Double Shooting, WSOC-TV 9, Sept. 16, 2008.
11
Suspects in Triple Shooting Had Assault Rifle, Multiple Weapons, FOX 26 TV Houston, Sept. 10, 2008.
12
SAPD Details Monday Shooting Investigation, KSAT12-TV, San Antonio, Texas, Sept. 10, 2008.
13
Arrest made in deadly drive-by, TULSA WORLD, Sept. 12, 2008.
14
Landlord Killed After Argument Over Stolen Copper, NBC13-TV, Birmingham, Alabama, Sept. 8, 2008.
15
Man Targeted By Shooter With Assault Rifle, WHIOTV, Dayton, Ohio, Aug. 27, 2008.
16
Three charged in Hope Mills shooting, THE FAYETTEVILLE OBSERVER, Aug. 28, 2008.
17
2 Dead in Shootout At Strip Club, NBC6-TV, Miami, Florida, Aug. 23, 2008.
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25
Youngsville, North Carolina. August 22, 2008. A 12-year-old boy accidentally
shot an 11-year-old neighbor with an AK-47 assault rifle.
18
San Antonio, Texas. August 20, 2008. A man was chased by a group of young
men outside an apartment complex and was shot twice with an assault rifle.
19
West Valley City, Utah. August 15, 2008. Three men in an SUV shot at another
car with an assault rifle and then led police on a high-speed chase. The police
recovered drugs, alcohol, live casings, and an assault rifle from the car.
20
Newark, New Jersey. August 14, 2008. 15-year-old Bukhari Washington was killed
after a bullet fired from a Chinese-made Norinco SKS assault rifle struck his bed while
he slept. The gun was fired accidentally when its owner, 19-year-old Terrance Perry,
was fiddling with it in the apartment below. Washington was a student at Christ the
King Preparatory School and interned at a nursing home for people with HIV and
AIDS.
21
Birmingham, Alabama. August 11, 2008. A 17-year-old girl was in a car that was
sprayed by bullets from an AK-47. The girl exited the car and tried to run home
when she was shot twice, once in the chest and again in her left hand, severing it.
She died moments later from her injuries.
22
New Orleans, Louisiana. August 10, 2008. One man was injured and another
man died after being shot with an AK-47 assault rifle.
23
New Orleans, Louisiana. August 8, 2008. A gunman carrying an assault rifle shot
two people.
24
Niagara, Wisconsin. July 31, 2008. A man with an assault rifle massacred a
group of teenagers, killing three and injuring a fourth. The group was gathered
along a river to go swimming when the gunman emerged from surrounding woods
and began shooting.
25

18
Sheriff says boy, 11, shot with AK-47, THE NEWS & OBSERVER, Aug. 24, 2008.
19
Man Chased Down and Shot to Death, WOAI-TV, San Antonio, Texas, Aug. 21, 2008.
20
Shooting triggers high-speed chase; 3 arrested, THE SALT LAKE TRIBUNE, Aug. 15, 2008.
21
Jonathan Schuppe, Senseless Shot, Random Death: Respected teen is slain in bed, to Newarks grief,
THE STAR-LEDGER, Aug. 15, 2008.
22
Dan Barry, Gunshot, then silence: And the sorrow spreads, NEW YORK TIMES, Aug. 17, 2008.
23
Nicole Dungca & Ramon Antonio Vargas, Two die Sunday in separate slayings, THE TIMES-PICAYUNE,
Aug. 11, 2008.
24
Leslie Williams, Mob scene follows double shooting, THE TIMES-PICAYUNE, Aug. 9, 2008.
25
Niagara, Wisconsin shooting suspect caught, THE CHICAGO TRIBUNE, Aug. 1, 2008.
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26
Pittsburgh, Pennsylvania. July 31, 2008. Two men with an assault rifle shot and
killed two cousins as they talked outside a home.
26
Orlando, Florida. July 30, 2008. A man with an assault rifle shot and killed two
teenagers and another man over stolen property.
27
Dallas, Texas. July 29, 2008. A Dallas Morning News deliveryman was shot
multiple times with an assault rifle while delivering papers early in the morning. His
14-year-old son was with him, but was not injured.
28
Kansas City, Missouri. July 28, 2008. Three men broke into a home and held up
the occupants at 1:30 in the morning. The men were armed with an assault rifle with
a bayonet attached.
29
Detroit, Michigan. July 27, 2008. Three people died, including a 17-year-old girl,
after being shot with an assault rifle while leaving a bar.
30
Salt Lake City, Utah. July 26, 2008. A 19-year-old airman shot a 22-year-old with
an assault rifle after the two argued at a nightclub. The airman shot another person
several months earlier.
31
Chattanooga, Tennessee. July 24, 2008. Two men armed with an SKS assault
rifle shot a 28-year-old man in the head and back.
32
Oakland, California. July 23, 2008. 23-year-old Amanda Hunter was killed when she
was accidentally shot in the head with an assault rifle. Hunter was attempting to
remove the weapon from her home when it fell to the ground and fired. Her boyfriend,
the owner of the weapon and a convicted felon, was arrested for weapons related
charges including being a felon in possession of a firearm.
33
New Orleans, Louisiana. July 15, 2008. A man died after being shot repeatedly
with an AK-47 while asleep in his trailer.
34

26
Jill King Greenwood, 72 killings set bloody pace in city, county, PITTSBURGH TRIBUNE-REVIEW, Aug. 2,
2008.
27
Vincent Bradshaw & Willoughby Mariano, Flurry of bullets near Orlando playground kills three, THE
ORLANDO SENTINEL, July 31, 2008.
28
Scott Goldstein, Father, son survive shooting during News delivery, THE DALLAS MORNING NEWS, Aug.
7, 2008.
29
Mike Rice, Home invasion robbery reported in Gladstone, KANSAS CITY STAR, July 28, 2008.
30
Candice Williams, Girl, 17, two men fatally shot outside Detroit bar, THE DETROIT NEWS, July 27, 2008.
31
Airmans arrest for shooting not his first, STANDARD-EXAMINER, July 29, 2008
32
Jacqueline Koch, Police investigate assault-rifle shooting, CHATTANOOGA TIMES FREE PRESS, July 25,
2008.
33
Oakland woman killed when assault rifle accidentally fires, July 24, 2008, available at:
http://www.insidebayarea.com/ci_9977524 (last visited Sept. 26, 2008).
34
Ramon Antonio Vargas, AK-47 fire kills sleeping former rapper, THE TIMES PICAYUNE, July 16, 2008.
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27
Daytona Beach, Florida. July 13, 2008. A distraught man fired 30 rounds into the
side of an occupied building with an AK-47 assault rifle.
35
Eatonville, Florida. July 8, 2008. A father and son were shot during a robbery with
an AK-47 assault rifle.
36
Youngstown, Ohio. July 8, 2008. A man beat up and attempted to shoot his
girlfriend with an assault weapon.
37
Edwardsville, Illinois. July 7, 2008. Two 19-year-olds repeatedly shot at a
sheriffs deputy with an assault weapon as he pursued them during a car chase.
38
Van Buren, Michigan. July 6, 2008. Two 19-year-olds with an assault rifle shot
and killed a man they had argued with earlier.
39
Beaumont, Texas. July 5, 2008. One person was injured when a man shot an
assault rifle into a crowd standing outside a nightclub.
40
Dallas, Texas. July 4, 2008. A gunman shot at an apartment building with an AK-
47 assault rifle, killing a 17-year-old girl inside. The gunman had been arguing with
the girls stepfather outside.
41
Buena Vista, Michigan. July 3, 2008. A gunman shot an AK-47 multiple times into
a car carrying two teenage girls, hitting one in the leg.
42

35
Julie Murphy, Outlaws clubhouse shot up. Police: man fires 30 rounds, accuses members of rape,
DAYTONA BEACH NEWS JOURNAL, July 17, 2008.
36
Shooting may be linked to Orlando Incident, WESH.COM, Orlando, FL, July 8, 2008, available at:
http://www.wesh.com/print/16817435/detail.html (last visited Sept. 26, 2008).
37
Man charged with assault over domestic dispute, VINDY.COM, July 9, 2008, available at:
http://www.vindy.com/news/2008/jul/09/man-charged-with-assault-over-domestic-dispute/ (last visited
Sept. 26, 2008).
38
Sandord J. Schmidt, Two accused of shooting at deputy, THE TELEGRAPH.COM, July 8, 2008, available
at: http://www.thetelegraph.com/news/county_15966___article.html/madison_accused.html (last visited
Sept. 26, 2008).
39
Susan L. Oppat, 2 Van Buren teens charged in slaying, THE ANN ARBOR NEWS, July, 10, 2008.
40
Heather Nolan, Beaumont police seek help in investigating shooting at night club,
BEAUMONTENTERPRISE.COM, July 7, 2008, available at:
http://www.beaumontenterprise.com/news/local/beaumont_police_seek_public_s_help_in_investigaton_0
7-07-2008_10_43_01.html (last visited Sept. 26, 2008).
41
Seema Mathur, Teen hit by stray bullet at dallas apartment, CBS11TV.COM, July 6, 2008, available at:
http://cbs11tv.com/local/dallas.teen.shot.2.764557.html (last visited Sept. 26, 2008).
42
Buena Vista gunman fires AK-47, strikes girl, WNEM.COM, July 8, 2009, available at:
http://www.wnem.com/print/16821122/detail.html (last visited Sept. 26, 2008).
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Warsaw, North Carolina. July 2, 2008. 18-year-old high school football star Derrick
Barden was killed after being shot with an AK-47. Three teenagers were charged with
his death, which occurred as a group of people played with an AK-47 outside of an
apartment complex.
43
Adairsville, Georgia. June 29, 2008. A man carrying an AK-47 assault rifle shot a
woman twice in the chest during a robbery attempt.
44
Overtown, Florida. June 28, 2008. A 15-year-old died after he was shot with an
assault weapon during a drive-by shooting.
45
Mobile, Alabama. June 27, 2008. A 6-year-old boy was shot three times and a
man twice when a group of men fired AK-47 and SKS assault weapons at the two
cars they were riding in.
46
Powhatan, Virginia. June 25, 2008. A 17-year-old with an assault weapon shot
and killed an 18 year old after the two argued.
47
Powhatan County, Virginia. June 24, 2008. An 18-year-old high school student
was shot and killed with an assault rifle following an altercation at a gas station. A
juvenile was also wounded in the shooting.
48
Anderson, South Carolina. June 22, 2008. A man fired more than 30 rounds from
an assault rifle at a group of people, killing a 16-year-old who was hit three times
and wounding a man.
49
Opa Locka, Florida. June 22, 2008. A man shot an AK-47 assault rifle at a
business, injuring three people inside.
50

43
Steve Herring, Three teens charged in players shooting, GOLDSBORO NEWS-ARGUS, July 9, 2008.
44
Hayden Jennings, Suspect arrested in Adairsville shooting, ROMENEWSWIRE.COM, June 30, 2008,
available at: http://www.romenewswire.com/index.php/2008/06/30/suspect-arrested-in-adairsville-
shooting/ (last visited Sept. 26, 2008).
45
David Ovalle, 2 deaths raise 2008 homicides to 136, THE MIAMI HERALD, July 2, 2008
46
Ron Colquitt, Four suspects denied bail, THE PRESS-RESGISTER, June 28, 2008.
47
Authorities: Powhatan teens killer was 17-year-old, INRICH.COM, June 30, 2008, available at:
http://www.inrich.com/cva/ric/news.PrintView.-content-articles-RTD-2008-06-30-0195.html (last visited
Sept. 26, 2008).
48
Linda Dunham & Reed Williams, Suspects in fatal shooting surrender: Sheriff: Trio wanted in
Powhatan teens death face murder charges; suspected weapon found, RICHMOND TIMES-DISPATCH, June
29, 2008.
49
Craig Stanley, Westside student, shooting victim, is remembered, INDEPENDENTMAIL.COM, June 27,
2008, available at: http://www.independentmail.com/news/2008/jun/27/westside-student-shooting-victim-
remembered/ (last visited Sept. 26, 2008).
50
3 shot in Opa Locka, NBC6.NET, June 22, 2008, available at:
http://www.independentmail.com/news/2008/jun/27/westside-student-shooting-victim-remembered/ (last
visited Sept. 26, 2008).
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29
Little Rock, Mississippi. June 21, 2008. A man died after being shot in the head
with an AK-47 assault rifle. The gunman and victim had argued over a dice game.
51
Elyria, Ohio. June 14, 2008. A woman died after being shot with an AK-47 assault
rifle during a robbery.
52
Miami, Florida. June 13, 2008. A man shot six people at a graduation party with
an assault rifle. One of the victims died.
53
Lavaca County, Texas. June 11, 2008. A 14-year-old boy died after being
accidentally shot by his grandfather with an AK-47 assault rifle.
54
Longview, Texas. June 10, 2008. A man opened fire with an AK-47 assault rifle
after arguing with his girlfriend, injuring three people, including a 7-year-old girl.
55
Wilkes, North Carolina. June 6, 2008. A 17-year-old was seriously injured after
being shot with an AK-47 assault rifle. Several teenagers were playing with the gun
when it was fired.
56
Shreveport, Louisiana. June 1, 2008. A 25-year-old man was seriously injured
after being shot multiple times with an assault rifle while in his car.
57
Tucson, Arizona. June 1, 2008. A man shot at several houses with an assault
rifle, then lead police in pursuit across Tucson for more than an hour. During the
chase, the gunman shot at police multiple times, fatally shooting one officer and
injuring two Sheriffs deputies.
58

51
Tim Doherty, Foxworth man held in slaying THE HATTIESBURG AMERICAN, June 24, 2008.
52
Matt Suman, AK-47 used in deadly Gas USA robbery, THEMORNINGJOURNAL.COM, June 25, 2008
available at:
http://www.zwire.com/site/news.cfm?newsid=19801129&BRD=1699&PAG=461&dept_id=46371&rfi=6
(last visited Sept. 26, 2008).
53
Teen shot and killed while leaving graduation party, WSVN.COM, Miami Gardens, FL, available at:
http://www.wsvn.com/news/articles/local/MI88522/ (last visited Sept. 26, 2008).
54
Teen shot, killed in hunting accident, KSAT.COM, June 12, 2008, available at:
http://www.zwire.com/site/news.cfm?newsid=19801129&BRD=1699&PAG=461&dept_id=46371&rfi=6
55
3 wounded in Longview gunfire,THE DALLS MORNING NEWS, June 10, 2008.
56
Wilkes teens play with rifle, one shot, GOBLUERIDGE.NET, June 9, 2008, available at:
http://www.goblueridge.net/index.php?option=com_content&task=view&id=3821&Itemid=1 (last visited
Sept. 26, 2008).
57
Katrina Webber, Violent weekend in Shreveport leaves 3 with gunshot wounds, KSLA NEWS 12, June
2, 2008, available at: http://www.ksla.com/Global/story.asp?S=8410023&nav=0RY5RQCK (last visited
Sept. 26, 2008).
58
Brady McCombs & Alexis Huicochea, Officer on life support after crosstown pursuit, ARIZONA DAILY
STAR, June 2, 2008.
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New Orleans, Louisiana. May 26, 2008. Two people were injured when a gunman
carrying an AK-47 assault rifle fired more than twenty rounds at them.
59
Jackson, Mississippi. May 26, 2008. Five people were shot, one fatally, at a
Memorial Day barbecue. A man left the party after an argument and returned with an
assault rifle and fired indiscriminately into the crowd.
60
Shreveport, Louisiana. May 19, 2008. A 15-year-old shot a 14-year-old with an
assault weapon.
61
Brooklyn, Connecticut. May 14, 2008. A 16-year-old boy with Asperger syndrome
shot an assault rifle near a group of people playing basketball in a park who he had
argued with earlier.
62
Miami, Florida. May 14, 2008. A man was shot multiple times after his car was
sprayed with bullets from an assault weapon.
63
San Jacinto, California. May 12, 2008. A SWAT team was called in after a man
and woman armed with assault rifles shot at security guards and then Sheriffs
deputies. The two were killed in the resulting shootout.
64
Raceland, Louisiana. May 12, 2008. Three men attacked three other men in their
car, killing all three. Each victim was shot multiple times with an AK-47 assault
rifle.
65
Calabash, North Carolina. May 8, 2008. James Murdock, 25, was killed in a drive-by
shooting. Murdock was sitting in a car when a dark SUV pulled up and fired at him with
an assault rifle. He died at the scene. Two men were charged with the murder.
66
San Jacinto, California. May 8, 2008. A 26-year-old man shot at Sheriffs deputies
with an assault rifle. The man was killed when the policemen returned fire.
67

59
Pair gunned down by AK-47, WDSU.COM, May 27, 2008, available at:
http://www.wdsu.com/news/16401761/detail.html (last visited Sept. 26, 2008).
60
Kathleen Baydala, Man arrested in fatal holiday party shooting, THE CLARION LEDGER, May 28, 2008.
61
Arrest made in shooting of 14 year old boy, KSLA NEWS 12, May 20, 2008, available at:
http://www.ksla.com/Global/story.asp?S=8350809&nav=menu50_11_16_4 (last visited Sept. 26, 2008).
62
Dustin Racioppi & Don Bond, Conn. teen with autism held in assault rifle shooting, THE METRO WEST
DAILY NEWS, May 15, 2008, available at:
http://www.metrowestdailynews.com/archive/x2118739287/Conn-teen-with-autism-held-in-assault-rifle-
shooting (last visited Sept. 26, 2008).
63
Man shot with high-powered assault weapon, LOCAL 10 NEWS, May 14, 2008, available at:
http:www.local10.com/print/16261614/detail.html (last visited Sept. 29, 2008).
64
Gillian Flaccus, Deputies kill 2 in gun battle on Calif. Reservation, ASSOCIATED PRESS ARCHIVE, May 14,
2008.
65
Raymond Legendre, Grand jury to consider Raceland triple-slaying case, THE COURIER, August 11,
2008.
66
Shannan Bowen, Two charged in Calabash murder, STAR-NEWS, May 20, 2008.
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Ripon, Wisconsin. May 6, 2008. A 19-year-old accidentally shot and killed an
18-year-old friend with an assault rifle while the two were at a friends house.
68
Stafford, Virginia. May 5, 2008. Aaron Poseidon Jackson shot his children, 1-year-old
Aaron and 2-year-old Nicole, with a .38 caliber handgun, then shot their mother,
Latasha Thomas, with an AK-47. When police arrived at the home, Jackson, wearing a
bulletproof vest and surrounded by guns and ammunition, was found dead from a self
inflicted gunshot wound.
69
Burien, Washington. May 4, 2008. A man died when he was shot in the head with
an assault rifle after arguing with the shooter in a bar. The shooter left after the
initial incident but returned with the gun.
70
Chicago, Illinois. May 4, 2008. A college student died after being shot with an
assault rifle when she was caught in crossfire from a gang while in a car.
71
Cordova, New Mexico. May 4, 2008. A man killed his 17-month-old son by
shooting him in the chest with an assault rifle.
72
Philadelphia, Pennsylvania. May 3, 2008. A police officer was shot and killed by
an assault rifle as he was responding to a bank robbery. Three men robbed the
bank and were fleeing when the officer stopped their car and exited his patrol car.
At that time, one of the bank robbers opened fire with an SKS assault rifle, striking
the officer numerous times. One suspect was eventually shot and killed by police
and the other two were arrested and charged with murder.
73
San Antonio, Texas. May 2, 2008. Two teens armed with an assault rifle shot at a
man after he tried to stop a fight between groups of teenagers.
74

67
Jose Arballo Jr., Steve Fetbrandt & Michelle DeArmond, Soboba member killed in gun battle with
deputies, THE PRESS-ENTERPRISE, May 8, 2008.
68
Teen charged with negligent homicide in Ripon shooting posts bond, NBC 15 NEWS, Feb. 29, 2008,
available at: http://www.nbc15.com/home/headlines/15839617.html last visited (Sept. 29, 2008).
69
Keith Epps & Ellen Biltz, Gunman heavily armed, FREDERICKSBURG.COM, May 7, 2008, available at:
http://fredericksburg.com/News/FLS/2008/052008/05072008/377460 (last visited Sept. 26, 2008).
70
Casey McNerthney, Man shot after Burien bar fight dies, SEATTLE POST-INTELLIGENCER, May 5, 2008.
71
Annie Sweeney & Stefano Esposito, We had so many plans, THE CHICAGO SUN-TIMES, May 6, 2008.
72
Isaac Paul Vasquez, Police allege father killed son, KFOXTV.COM, May 4, 2008, available at:
http://www.kfoxtv.com/news/16157794/detail.html (last visited Sept. 26, 2008).
73
Joseph A. Gambardello, Liczbinski suspects girlfriend to stand trial, PHILADELPHIA INQUIRER, July 17,
2008; Officer shot, killed after bank robbery, NBC 10.COM, May 3, 2008; See Sergeant Stephen
Liczbinski, www.odmp.org, available at: http://www.odmp.org/officer/19359-sergeant-stephen-liczbinski
74
Man shot at after breaking up fight, KSAT TV 12, May 2, 2008, available at:
http://www.ksat.com/news/16136482/detail.html (last visited Sept. 26, 2008).
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Compton, California. April 29, 2008. A 19-year-old with an assault rifle exchanged
fire with Sheriffs deputies. No one was injured in the incident.
75
Chicago, Illinois. April 21, 2008. The owner of a plumbing company was shot in
the stomach by an employee using an AK-47 and died as a result. The employee
also shot at three police officers later in the evening.
76
York, Pennsylvania. April 11, 2008. A man died after he was shot multiple times
with an assault rifle. The victim and shooter had argued earlier.
77
Miami, Florida. April 5, 2008. A 16-year-old boy died and his mother was injured
when they were shot with an assault rifle outside of their home by people they had
previously argued with.
78
Sharonville, Ohio. April 3, 2008. A 14-year-old girl was shot in the leg when a
man fired an assault weapon randomly into the street. The bullet went through a car
door and hit the victim.
79
Miami, Florida. April 3, 2008. A 20-year-old with over thirteen firearms, including
four AK-47s, and more than 5,000 rounds of ammunition, was arrested after
threatening over the internet that he was going to carry-out a Virginia Tech style
massacre.
80
Tarpon Springs, Florida. March 30, 2008. A man fired several rounds from an
assault weapon toward another man who was exiting his car.
81
Donaldsonville, Louisiana. March 22, 2008. A five-year-old boy and a man were
injured after being shot with an assault rifle on the street.
82
Virginia Beach, Virginia. March 19, 2008. A man shot five people, killing two, with
an AK-47 assault rifle and .9 mm handgun before killing himself. The man was

75
Suspect arrested in connection to Compton shootout, CBS2.COM, May 1, 2008, available at:
http://cbs2.com/local/Compton.Shooting.Arrest.2.713125.html (last visited Sept. 26, 2008).
76
Lisa Donovan et. al., SWAT will go on patrol, CHICAGO SUN TIMES, Apr. 22, 2008.
77
Kristin Thorne, York man killed in shooting involving assault rifle, ABC27 NEWS, Apr. 11, 2008,
available at: http://cfc.whtm.com/printstory.cfm?id=510600 (last visited Sept. 29, 2008).
78
Teen killed, mother injured in shooting, NBC6.NET, Apr. 6, 2008, available at:
http://www.nbc6.net/news/15806302/detail.html (last visited Sept. 26, 2008).
79
Teenage girl accidentally shot in Sharonville, WCPO 9 NEWS, Apr. 3, 2008, available at:
http://www.wcpo.com/news/local/story.aspx?content_id=c473d379-e54d-4b46-a24d-397f12369149 (last
visited on Sept. 29, 2008).
80
Police: Man threatened to re-enact Virginia Tech-style killings, ASSOCIATED PRESS, Apr. 4, 2008.
81
Tarpon Springs man arrested in assault rifle attack, TBO.COM, Mar. 31, 2008, available at:
http://suncoastpasco.tbo.com/content/2008/mar/31/tarpon-springs-man-arrested-assault-rifle-attack/ (last
visited Sept. 26, 2008).
82
Samuel Irvin, Sheriff promises to boost patrols, THE ADVOCATE, Mar. 27, 2008 available at:
http://www.2theadvocate.com/news/17040851.html (last visited Sept. 26, 2008).
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about to be evicted from his apartment and targeted the apartment complexs
employees in his attack.
83
Chattanooga, Tennessee. March 15, 2008. A man fired more than 20 rounds
from an assault rifle at another man outside of an apartment building. The victim
was not hit.
84
Baton Rouge, Louisiana. March 7, 2008. A 16-year-old male shot his father in the
arm with an AK-47 and was placed in juvenile detention on one count of attempted
murder.
85
Kansas City, Missouri. March 5, 6, 7, 2008. One man was killed and three injured
during a drive-by shooting of a tire store. The shooters used two .223-caliber
assault rifles, one of which had two large drum magazines and could fire 100 bullets
without reloading. Police pursued the shooters, who were eventually apprehended,
and were shot at with the same assault rifles. The following day, three retaliatory
shootings occurred; the day after, one retaliatory shooting occurred in which a
woman was shot seven times in the chest and torso.
86
Roanoke, Virginia. February 29, 2008. A car chase ended when the driver pulled
over and began shooting at police with an SKS assault rifle. The police shot and
seriously wounded the driver. None of the police were seriously injured.
87
Gainesville, Georgia. February 19, 2008. 52-year old Mary Bailey was killed after
being shot with an AK-47. Bailey was sleeping on the sofa when her 19-year old son,
Derrick Bailey, cleaned his assault weapon and it fired. Derrick claims he did not know
the weapon was loaded.
88
Marrero, Louisiana. February 16, 2008. An 18-year-old was killed and a 16-year-
old wounded after being shot with an AK-47 multiple times. The shooter fired more
than 20 rounds at the two victims.
89
Pulaski, Kentucky. February 9, 2008. A man fired more than 50 rounds from his
assault rifle into a mobile home and garage after arguing with the owner. The
homeowner received only minor injuries in the incident.
90

83
Gunman in mass shooting identified, WVEC 13 NEWS, Mar. 20, 2008, available at:
http://www.wvec.com/news/vabeach/stories/wvec_local_031908_vb_shooting.79dfc43.html (last visited
Sept. 29, 2008).
84
Amy Katcher, East Lake shootout caught on tape, WDEF NEWS 12, Mar. 26, 2008, available at:
http://wdef.com/news/east_lake_shootout_caught_on_tape/03/2008 (last visited Sept. 26, 2008).
85
Police and fire briefs, BATON ROUGE ADVOCATE, Mar. 8, 2008.
86
Christine Vendel, Heavy firepower in KC: Officers outgunned by suspects, KANSAS CITY STAR, Mar. 8, 2007.
87
Jessica Marcy, Shots end U.S. 220 chase in Roanoke County, WWW.ROANOKE.COM, Mar. 1, 2008,
available at: http://www.roanoke.com/news/roanoke/wb/152736 (last visited Sept. 26, 2008).
88
Gainesville teen: I shot my mother, WSBTV.COM, Feb. 19, 2008, available at:
http://www.wsbtv.com/news/15345707/detail.html (last visited Sept. 26, 2008).
89
Harvey teen booked with murder, THE TIMES PICAYUNE, Feb. 19, 2008.
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Phoenix, Arizona. February 9, 2008. A 17-year-old died and a 23-year-old was
injured after being shot with an assault rifle during an attack by four men.
91
Indianapolis, Indiana. February 8, 2008. An 8-year-old girl died after being shot in
the head when someone sprayed her house with bullets from an assault weapon.
92
Macon, Georgia. February 4, 2008. A man fired over 70 rounds from an assault
rifle into the front of a house, killing the woman at the door. The man was looking for
the womans son but shot her after learning he was not at home.
93
Cleveland, Tennessee. February 2, 2008. A 20-year-old man died after being
shot several times with an assault rifle as he exited a car. The gunman shot at the
other people in the car and at a nearby house as well.
94
Pittsburgh, Pennsylvania. January 28, 2008. A 12-year-old girl was killed and
her mother badly injured after they were shot with an AK-47 assault rifle. The two
were visiting a family member when an assailant sprayed the house with dozens of
bullets.
95
Camp Hill, Alabama. January 22, 2008. A 19-year-old shot a 17-year-old in the
face with an assault rifle after the two argued over the stolen weapon.
96
Miami, Florida. January 20, 2008. Three cousins were injured when dozens of
rounds were fired from an assault rifle into their car. One of the cousins was left
brain-dead.
97
Carmichael, California. January 16, 2008. A 24-year-old man was shot with an
assault rifle in a drive-by shooting and died.
98

90
Eubank man jailed following hail of bullets fired into residence, WKYT.COM, Feb. 9, 2008, available at:
http://www.wkyt.com/home/headlines/15476381.html (last visited Sept. 26, 2008).
91
David Biscobing, Teen gunned down in Phoenix with rifle, EAST VALLEY TRIBUNE, Feb. 9, 2008.
92
Community mourns eight-year-olds shooting death, WTHR 13 NEWS, Feb. 26, 2008, available at:
http://www.wthr.com/Global/story.asp?S=7853369 (last visited Sept. 29, 2008); Man charged in 8-year-
olds shooting death, WTHR 13 NEWS, Feb. 27. 2008, available at:
http://www.wthr.com/Global/story.asp?s=7865668 (last visited Sept. 29, 2008).
93
Ashley Tusan Joyner, Woman died after man sprays home with bullets, THE MACON TELEGRAPH, Feb. 6,
2008.
94
Ryan Harris, Bradley murder victim identified, CHATTANOOGA TIMES FREE PRESS, Feb. 5, 2008.
95
Michael Hasch, Girl, 12, killed as 40 shots blast into North Side home, THE PITTSBURGH TRIBUNE-
REVIEW, Jan. 29, 2008.
96
Teen shot in face by assault rifle, WTVM.COM, Jan. 22, 2008, available at:
http://www.wtvm.com/Global/story.asp?S=7757100&nav=menu91_2 (last visited Sept. 26, 2008).
97
David Ovalle, Little Haiti: Gun violence tears family, THE MIAMI HERALD, January 24, 2008.
98
Two Carmichael killings may be connected, KCRA.COM, Jan. 16, 2008, available at:
http://www.kcra.com/news/15067608/detail.html (last visited Sept. 26, 2008).
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Louisville, Kentucky. January 14, 2008. A man carrying an assault rifle fired
several rounds at a police officer during a traffic stop. The officer was not injured.
99
North Miami Beach, Florida. January 8, 2008. An off-duty Miami police detective
was killed by a man who shot him with an AK-47 assault rifle as he sat in his car.
100
Merrillville, Indiana. December 31, 2007. A 25-year-old man shot a 20-year-old
man with an assault rifle. The shooter asked the victim and another man to leave his
apartment after they argued, then followed them outside and shot the victim multiple
times.
101
Little Rock, Arkansas. December 29, 2007. 6-year-old Kamya Weathersby was shot
at least 7 times by gunmen outside her home as she was lying in bed. Police believe at
least one assault rifle was used to fire 50 or more rounds at her home. The following
day, Kamya died when her family made the decision to take her off life support.
102
Ozark, Alabama. December 29, 2007. An 18-year-old man repeatedly shot a 22-
year-old man using a SKS assault rifle after the two argued. The 22-year-old died
from his injuries.
103
Southington, Connecticut. December 24, 2007. One man shot another in the
head with an assault rifle, killing him, after the two argued.
104
Arvada & Colorado Springs, Colorado. December 9, 2007. One man with an
assault rifle attacked a missionary training center in Arvada and a church in
Colorado Springs. He killed two people and injured two others in Arvada, and killed
two and injured three others in Colorado Springs. He died after being shot by a
security guard and then shooting himself.
105

99
4
th
arrest made in SWAT case, WLKY.com, Jan. 14, 2008, available at:
http://www.wlky.com/news/15048297/detail.html (last visited Sept. 26, 2008).
100
David Quinones, Dispute boils over mourning of detective, MIAMI HERALD, Jan. 19, 2008; See
Detective James Walker, www.odmp.org, available at: http://www.odmp.org/officer/19128-detective-
james-walker (last visited Sept. 30, 2008).
101
Mville man charged in shooting, THETIMESONLINE.COM, Jan. 4, 2008, available at:
http://www.thetimesonline.com/articles/2008/01/04/news/lake_county/doc88e35a05299f4540862573c600
061f09.txt
102
Girl, 6, dies after being shot 7 times Ark. police search for suspects, motive, MEMPHIS COMMERCIAL
APPEAL, Jan. 1, 2008.
103
Ozark shooting suspect surrenders, PRESS-REGISTER, Jan. 1, 2008.
104
Chris Velardi, $2million bond for Southington murder suspect, WTNH.COM, Jan. 2, 2008, available at:
http://www.wtnh.com/global/story.asp?s=7566985 (last visited on Sept. 29, 2008).
105
Erin Emery, Report details church shooting, the document chronicles the days leading up to the Dec. 9
deaths of four young people, DENVER POST, Mar. 13, 2008.
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Omaha, Nebraska. December 5, 2007. Nine people were shot to death and five
others were injured after a 20-year-old shooter, armed with a military-style assault
rifle, attacked shoppers in a department store in a Nebraska mall.
106
Arden, South Carolina. December 4, 2007. One man was injured when he was
shot at close range in the leg and foot with an AK-47 assault rifle.
107
Memphis, Tennessee. November 13, 2007. One man was killed and another
injured after an unidentified man opened fire on a grocery store parking lot with an
AK-47 assault rifle.
108
Vallejo, California. November 4, 2007. One man died after being shot several
times with an assault rifle while arguing with two other men. Witnesses of the
shooting pursued the shooters by car and were also shot at, although none were
injured.
109
Crandon, Wisconsin. October 7, 2007. An off-duty Sheriffs deputy killed six and
wounded a seventh person when he burst into a pizza party and started shooting
with an assault weapon. The shooter later killed himself as the police closed in.
110
West Palm Beach, Florida. September 18, 2007. Two men were killed and
another injured when they were attacked in their car by two men carrying a handgun
and an assault rifle. The suspects shot at the police as they escaped.
111
New Orleans, Louisiana. September 15, 2007. At least 28 bullets were fired from
an AK-47 at an outdoor birthday party for 5-year-old twins in the courtyard of a public
housing complex. A 19-year-old was killed and three children were wounded, ages
7, 8 and 13.
112
Miami, Florida. September 13, 2007. Police spotted a vehicle driving erratically
and followed it until it stopped in a residential complex. The driver got out and
hopped a fence to the rear of the home; the officers exited their patrol car and went
to the front of the home where they were granted permission to search by a female
resident. The suspect grabbed a high-powered, military-grade rifle and fired at the
police officers through a window, killing one officer, then exited the house and shot

106
The American Way, REGISTER-GUARD, Dec. 17, 2007.
107
Clarke Morrison, Arden man gets 12 years for assault rifle shooting, THE CITIZEN-TIMES, Aug. 8, 2008.
108
Chris Conley & Jody Callahan, Drive-by shooting kills 1police search for two gunmen in B-52 Market
incident, MEMPHIS COMMERCIAL APPEAL, Nov. 13, 2007.
109
Henry K. Lee, Two suspects sought in Vallejo homicide, SFGATE.COM, Nov. 10, 2007, available at:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/10/BAUJT9HSA.DTL (last visited Sept. 26, 2008).
110
Todd Richmond, Crandon mass murder-suicide: Questions linger in killing of seven, officials tight-
lipped despite suspects death, ST. PAUL PIONEER PRESS, Dec. 4, 2007.
111
2 killed in West Palm shootings, suspects escape on foot after one fires at police officer pursuing
them, SOUTH FLORIDA SUN-SENTINEL, Sept. 19, 2007.
112
Mary Sparacello, Housing Authority reining in parties, Kenner shooting leads to regulations, THE TIMES
PICAYUNE, Oct. 11, 2007.
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three other officers as he escaped. The shooter was caught later that day but would
not relinquish his assault rifle so he was shot and killed by police officers.
113
Aiken, South Carolina. September 12, 2007. A 20-year-old man died after being
shot multiple times with an assault rifle by a 19-year-old when they were having an
argument.
114
Rome, Georgia. August 26, 2007. One man was killed and a woman seriously
injured inside their home. The shooter was found with an AK-47, from which several
clips of ammunition had been emptied, and a 12-gauge shotgun when police arrived
at the scene.
115
Treme, Louisiana. August 13, 2007. Two men were killed and another was
seriously wounded as a shooter sprayed the crowd with an AK-47 assault rifle at a
recreational league basketball game.
116
Dallas, Texas. August 12, 2007. One person was killed and three others wounded
in a shooting outside a poetry/coffee shop. The gunman, who used an assault rifle,
fled the scene.
117
Hialeah, Florida. August 5, 2007. Eric Lopez, 38, was fatally shot in his home, and
his wife, Olga, was shot in the leg. The incident began around noon when gunmen
entered their home and began firing with a military-style semi-automatic weapon. Police
arrested four people in connection with the shooting.
118
Oakland, California. August 4, 2007. A gunman with an assault rifle unleashed a
barrage of bullets at a van parked on a North Oakland street, killing one man who
lived nearby and wounding his brother and their friend. The gunman then fled.
119
Orangeburg, South Carolina. July 19, 2007. A man brandishing an assault rifle
shot a woman once in the leg. The man was charged with assault and battery with
intent to kill.
120

113
David Ovalle et al., The murder and the manhunt started in a South Miami-Dade townhouse,
zigzagged, MIAMI HERALD, Sept. 15, 2007.
114
Michelle Guffey, Police seek murder suspects, THE AUGUSTA CHRONICLE, Sept. 19, 2007.
115
Man goes on shooting rampage, kills one, severely injures another, ROMENEWSWIFE.COM, available at:
http://www.romenewswire.com/index.php/2007/08/26/police-on-scene-of-possible-murder-in-west-rome/
116
Richard A. Webster, Soaring murder rate in New Orleans undermines recovery strides, NEW ORLEANS
CITY BUSINESS, Aug. 20, 2007.
117
Marissa Alanis, Peacekeeper is killed outside club, police say: Dallas 3 others injured as gunman fires
assault rifle into crowd, DALLAS MORNING NEWS, Aug. 13, 2007.
118
Laura Figueroa, Hialeah: 4 charged in crime of passion, MIAMI HERALD, Aug. 7, 2007.
119
Two more slain in Oakland weekend violence, THE OAKLAND TRIBUNE, Aug. 5, 2007.
120
Richard Walker, Woman recovering after being shot with AK-47, THE TIMES AND DEMOCRAT, July 20,
2007.
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North Augusta, South Carolina. July 15, 2007. Twenty-one bullets were shot
from an assault rifle into a home, hitting a 14-year-old boy sleeping inside. The
bullets reportedly came from a car outside, tore through a foosball table, couch, and
the wall to a back bedroom, where they pierced furniture, blasted a TV to the floor,
and hit the boy.
121
Floyd County, Indiana. June 18, 2007. Two officers responded to a domestic
disturbance call between a mother and her son. The officers were speaking with the
mother on the driveway when the 15-year-old son ambushed both officers from an
upstairs window and shot at them with a high powered assault rifle. One officer was
killed and the other was seriously wounded.
122
Biloxi, Mississippi. June 5, 2007. A gunman with an AK-47 ambushed police
officers in a shootout, killing one, then shooting himself. The gunman lured police by
firing shots in the neighborhood and waiting. After shooting one officer, the gunman
unloaded an additional round into the patrol car. The gunman had a cache of
backup guns and ammunition waiting inside his home.
123
Dallas, Texas. March 23, 2007. A Dallas police officer was killed when he was
struck in the neck and chest by an assault weapon as he approached a suspects
car.
124
Metairie, Louisiana. February 27, 2007. Two AK-47s were among several guns
fired into a Metairie apartment that resulted in four men being shot, one fatally and
another critically.
125
Philadelphia, Pennsylvania. February 13, 2007. A gunman used an assault
weapon to kill 3 and wound another before killing himself.
126
Palm Beach County, Florida. January 1, 2007. An 8-month-old baby boy was
shot in his car seat after his mom parked in front of a drug house and rivals opened
fire with assault rifles.
127
New Bedford, Massachusetts. December 12, 2006. Three people were killed and
two police officers were injured when a gunman opened fire at the Foxy Lady strip

121
Meredith Anderson, North Augusta 14-year-old shot, WRDW 12 NEWS, July 16, 2007, available at:
http://www.wrdw.com/home/headlines/8526357.html (last visited on Sept. 29, 2008).
122
See Officer Frank Charles Denzinger, odmp.org, available at: http://www.odmp.org/officer/18926-
officer-frank-charles-denzinger (last visited Sept. 30, 2008).
123
Ryan LaFontaine, Gunman had a large arsenal, Police say Asher used AK-47, SUN HERALD, June 9,
2007.
124
Tanya Eiserer et al., Dallas officer dies after shootout, THE DALLAS MORNING NEWS, Mar. 24, 2007.
125
Michelle Hunter, Cops say victim not innocent bystander, THE TIMES PICAYUNE, Feb. 28, 2007.
126
Larry King & Joseph A. Gambardello, Investor rage, lethal trap, PHILADELPHIA INQUIRER, Feb. 14, 2007.
127
Rochelle E.B. Gilken, County has most homicides since 89, PALM BEACH POST, Jan. 6, 2008.
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club; the shooter was fatally shot. One of the weapons used was described as an
AR-15.
128
Westboro, Massachusetts. December 2, 2006. Police seized a semiautomatic
assault rifle from the bedroom closet of a young Shrewsbury man who posted
threatening internet messages and who claimed to admire one of the Columbine
High School killers.
129
Newport, Kentucky. November 19, 2006. A fight at a nightclub led to four people
being shot that evening. A 23-year-old was shot several times and left for dead on a
bridge. An hour later, police found a 20-year-old man shot dead in his vehicle. Two
other people were taken to the hospital with gunshot wounds and police recovered
casings from an assault weapon.
130
Chicago, Illinois. October 30, 2006. Members of the New Breed Street gang shot
at Chicago police officers with an AK-47 from their car, injuring one officer. One
gang member was killed and another critically wounded in the shoot-out.
131
Palm Beach County, Florida. August 15, 2006. A 50-year-old landscaper was
shot at least 15 times as he walked toward a house to collect money for completed
yard work. The shooters used assault weapons in the drive-by and police say the
shooters mistook the victim for a gang member.
132
Chapel Hill, North Carolina, July 29, 2006. A gunman with an assault rifle shot a
man multiple times outside a nightclub, killing him. The shooter fled in a getaway
car and later turned himself in.
133

128
Jessica Heslam, Strip club gunman at crossroads, killer bid farewell in cell phone messages, BOSTON
HERALD, Dec. 14, 2006.
129
Kevin Keenan, State police seize weapons, WORCESTER TELEGRAM & GAZETTE, Dec. 2, 2006.
130
A fight at a Northern Kentucky nightclub lead to a wild shooting spree, WLEX TV 18, Lexington, KY,
Nov. 19, 2006, available at: http://www.lex18.com/Global/story.asp?S=5704257&nav=EQ1p (last visited
Oct. 2, 2008).
131
Lisa Donovan et al., Shoot-out looked like a movie: Cops kill 2 men they say were about to execute
gang rivals, CHICAGO SUN TIMES, Oct. 31, 2006.
132
Tim Collie, Two members offer a look inside a South Florida gang, SOUTH FLORIDA SUN-SENTINEL; July
22, 2007; Jerome Burdi, Innocent victim killing unsolved, family awaits arrest in 2006 Boynton drive-by
shooting, SOUTH FLORIDA SUN-SENTINEL, Aug. 20, 2007.
133
Chapel Hill nightclub under review after fatal shooting, WRAL.COM, July 31, 2006, available at:
http://www.wral.com/news/local/story/1056918/ (last visited Sept. 29, 2008).
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St. John the Baptist Parish, Louisiana. June 27, 2006. 25-year-old Kelvin Thomas
Jr. died after being shot in the abdomen with an assault rifle. Alonzo Bolden, 20, was
arrested and booked with second-degree murder in connection with the shooting.
Police believe the two men were engaged in an argument that was part of a long-
running feud and ended with Bolden firing multiple shots at Thomas at close range.
Thomas had three young children.
134
Calumet City, Illinois. June 25, 2006. A 22-year-old pregnant woman and her 3-
year-old son were shot and killed while they were sleeping when an unknown
gunman fired 30 rounds from an AK-47 into their home at 1:15 a.m.
135
St. John the Baptist Parish, Louisiana. June 20, 2006. A man who had killed a
deputy police officer and injured another during a crime spree broke into the house
of an 81-year-old man and held him hostage with an AK-47 until he eventually gave
himself up and released the hostage.
136
Metairie, Louisiana. June 15, 2006. Police attempted to serve a man with an
emergency committal order but the man barricaded himself in his home and
engaged in a 12-hour standoff with police. Seven hours into the standoff, the man
shot and wounded two Sheriffs deputies with an assault rifle.
137
Reno, Nevada. June 12, 2006. An owner of a gun shop, with a license to carry
concealed weapons and access to a cache of guns, stabbed his wife to death and
then shot the family court judge presiding over his divorce with a Bushmaster .223
high-powered assault rifle with sniper capabilities. The judge survived.
138
Howard County, Maryland. June 8, 2006. County police officers were shot at by a
man wielding an assault rifle whom they were attempting to serve a warrant on.
139
Norman, Oklahoma. June 7, 2006. Two men opened fire on a Native American
gathering of over 300 with an SKS assault rifle, killing one man and injuring
another.
140

134
Allen Powell II, Garyville man held in fatal shooting, Deputies suspect long-running feud, THE TIMES
PICAYUNE, June 27, 2006.
135
Tom Rybarczyk, Calumet City reels after spray of bullets, CHICAGO TRIBUNE, June 26, 2006.
136
Allen Powell II, Mourners salute slain St. John deputy, NEW ORLEANS TIMES PICAYUNE, June 21, 2006.
137
Michelle Hunter & Walt Philbin, 2 deputies wounded in Metairie standoff, THE TIMES PICAYUNE, June
16, 2006.
138
FOX NEWS, June 24, 2006.
139
Tyrone Richardson, Man found guilty of murder attempt, BALTIMORE SUN, Oct. 29, 2006.
140
Tom Blakely, Pair arraigned in Sunday crowd shooting, THE NORMAN TRANSCRIPT, June 7, 2006.
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Miami, Florida. June 6, 2006. Three men were killed and another injured when the
van they were riding in was shot numerous times by assault weapons. About 50
rounds were fired into the van.
141
Indianapolis, Indiana. June 2, 2006. Seven family members, four adults and three
children, were shot and killed in their home by a robber armed with an assault rifle.
Nearly 30 shell casings were found.
142
San Diego, California. June 2, 2006. A 17-year-old was wounded in an accidental
workplace shooting when the teens co-worker brought an AK-47 to work and was
unaware that there was a live round inside the rifles chamber.
143
New Milford Township, Pennsylvania. May 27, 2006. Two brothers were
camping with their wives and children when they were awakened by gunshots
coming from a neighbors property at 3:00 a.m. The brothers knew the neighbor so
they went to his house to ask him to stop shooting. The neighbor, armed with a
shotgun, told the two brothers to leave and then told his stepson to pick up an AR-15
rifle. The brothers were both shot in the stomach and wounded severely.
144
West Palm Beach, Florida. May 17, 2006. Two men carrying AK-47 assault rifles
ordered a man out of his car at gun-point, mugged him, and ripped off his pants.
145
Kingston, Tennessee. May 14, 2006. A deputy sheriff and another individual were
shot and killed by high-powered assault rifles. The deputy had 33 gunshot
wounds.
146
Port Salerno, Florida. May 12, 2006. A deputy sheriff was shot and wounded with
147

141
David Ovalle, Ambush takes lives of 3 men, MIAMI HERALD, June 6, 2006.
142
Ashley M. Heher, Suspect in slaying of 7 family members surrenders / Indianapolis police say he had
nowhere else to go, HOUSTON CHRONICLE, June 4, 2006.
143
Debbi Farr Baker, Man accidentally shoots co-worker, SAN DIEGO UNION-TRIBUNE, June 3, 2006.
144
Nyier Abdou, Somerville brothers still hospitalized after shooting: Pa. Man charged with assaulting
rescue squad members during family camping trip, THE STAR-LEDGER, May 31, 2006.
145
Digest, SOUTH FLORIDA SUN-SENTINEL, May 17, 2006.
146
Duncan Mansfield, Anti-government man sought in ambush of Tennessee deputy, CHARLESTON
GAZETTE, May 13, 2006.
147
Leon Fooksman, Police fearful of violent crime trend: AK-47 shootings, SOUTH FLORIDA SUN-SENTINEL,
May 13, 2006.
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Fort Worth, Texas. May 9, 2006. 16-year-old Derick Giles, an innocent bystander,
was killed after being shot in the abdomen in the crossfire of a gang shooting outside a
convenience store. Five minutes later, one man was shot in the leg and another in the
foot during a second drive-by shooting. One hour and half later, a 50-year-old woman
was shot in the shoulder by gunfire from a high-powered assault weapon as she stood
in her kitchen.
148
Chantilly, Virginia. May 8, 2006. A teenager with an AK-47 and 5 handguns
engaged in a firefight at a police station, killing a female detective immediately and
wounding two other officers, one of whom died nine days later from his injuries.
149
Los Angeles, California. May 8, 2006. Police arrested a man and found over 20
assault weapons in his home after the man fired multiple rounds in the air while
driving through his neighborhood with a semiautomatic pistol. The man had his
young son in the car with him.
150
Oskaloosa, Iowa. May 5, 2006. A 17-year-old shot his 13-year-old friend in the
chest with a military-style rifle and then shot himself.
151
West Palm Beach, Florida. April 28, 2006. Shots were fired into an apartment at
6:00 in the morning, hitting one man in the right leg and left knee. Seventeen shell
casings from an AK-47 were found at the scene.
152
West Palm Beach, Florida. April 27, 2006. An AK-47 was used to shoot 24-year-old
David Paulk and his 16-year-old sister. Mr. Paulk was critically injured and died four
days later. The next day, the alleged gunman, Brandon Williams, was shot in the back
with an assault rifle and taken to the hospital, where he was treated and left before
police were able to find cause to arrest him.
153
However, he was arrested soon after.
154

148
Deanna Boyd, Teen killed in shooting at convenience store, FORT WORTH STAR-TELEGRAM, May 9,
2006.
149
Ian Urbina, Fatal police station attach shocks tranquil community, NEW YORK TIMES, May 10, 2006;
Officer Killed, BOSTON GLOBE, May 18, 2006.
150
Man said to be on edge of Armageddon, LONG BEACH PRESS-TELEGRAM, May 9, 2006.
151
AP-News Agenda, Broadcast News, May 5, 2006.
152
Police Blotter, PALM BEACH POST, Apr. 29, 2006; Jerome Burdi, Rash of shootings hits city in 2 days,
SOUTH FLORIDA SUN-SENTINEL, Apr. 29, 2006.
153
Jerome Burdi, Rash of shootings hits city in 2 days, SOUTH FLORIDA SUN-SENTINEL, Apr. 29, 2006;
Jerome Burdi, New task force seeks man suspected in 2 shootings, SOUTH FLORIDA SUN-SENTINEL, Apr.
30, 2006; Police Blotter, PALM BEACH POST, Apr. 30, 2006.
154
Nirvi Shah, West Palm slaying suspect jailed after Pensacola stop, PALM BEACH POST, May 8, 2006.
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Oakland, California. March 19, 2006. A gunman with an AK-47 opened fire on an
apartment building, filling it with bullets and killing a 49-year-old man.
155
Lake Worth, Florida. March 17, 2006. A man angry over an argument with a
woman, shot the woman and her roommate with an AK-47 and left the victims in the
doorway of their home.
156
Chicago, Illinois. March 11, 2006. A 10-year-old girl was killed by a shot to her
head as she was celebrating her birthday in her living room. A spray of bullets from
an assault weapon peppered the house from a nearby fight.
157
Chicago, Illinois. March 3, 2006. A stray bullet from an assault rifle struck a 14-
year-old honor student as she was looking out the window of her home, killing her
instantly.
158
Las Vegas, Nevada. February 1, 2006. A 22-year-old fired at least 50 rounds from
an assault rifle, shooting two Las Vegas police officers and killing one, before being
shot and killed by the surviving officer.
159
Brooklyn, New York. January 20, 2006. A man was arrested after firing at least
two rounds from an Uzi at two members of the New York Police Department.
160
Ocala, Florida. January 7, 2006. Two college students who were camping in the
Ocala National Forest were randomly targeted by a man who shot and killed them
with a stolen AK-47.
161
Indianapolis, Indiana. January 2, 2006. A man dubbed the Tec-9 Robber was
arrested after being wanted in connection with as many as 23 robberies in four
months of fast food restaurants, convenience stores, and gas stations.
162
Caddo Parish, Louisiana. January 1, 2006. A 19-year-old was arrested after he
was found hiding in an alley with an assault weapon. He faces two counts of
aggravated assault on a police officer and potential charges for riddling a house with
bullets, injuring a man.
163

155
Henry K. Lee, Oakland: Two new slayings brings homicide total to 30, SAN FRANCISCO CHRONICLE,
Mar. 21, 2006.
156
Kevin Deutsch, Man arrested in assault-rifle shooting, PALM BEACH POST, Mar. 17, 2006.
157
Gov. Blagojevich, victims families, advocates urge lawmakers in Springfield to pass statewide assault
weapons ban, US STATE NEWS, Mar. 23, 2006.
158
Charles Sheehan, Neighborhood buries another child, CHICAGO TRIBUNE, Mar. 19, 2006.
159
Omar Sofradzija, Processions to honor Prendes, LAS VEGAS REVIEW-JOURNAL, Feb. 7, 2006.
160
Veronika Belenkaya et al., Uzi maniac shot by cops. Tied to 3 attacks on citys finest, NEW YORK DAILY
NEWS, Jan. 22, 2006.
161
Stephen Kudak & Sarah Lundy, Cops: Suspect admits killing 2 campers in Ocala forest, ORLANDO
SENTINEL, Jan. 28, 2006.
162
CBS 8 WISH, Indianapolis, IN, Jan. 5, 2006.
163
CBS 12 KSLA, Shreveport, LA, Jan. 2, 2006.
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Harper Woods, Michigan. December 31, 2005. A 40-year-old man was shot
sixteen times with an assault weapon while standing on his front porch around 3:15
p.m. and died from his injuries. His wife and daughters were in the house at the time
of the shooting. His murder, occurring on the last day of the year, was the first
murder of 2005 in his town.
164
Miami, Florida. December 28, 2005. A man dressed in all black used an assault
weapon to fire multiple rounds into a house killing a 20-year-old man and injuring
another man who was hit in the leg.
165
Fortville, Indiana. December 13, 2005. A man slapped a female relative and fired
a round from an assault weapon into his driveway then barricaded himself in his
house and threatened to shoot anyone who came to the door. When the 8-hour
standoff ended, police found more than 10 weapons in the home.
166
Tacoma, Washington. November 20, 2005. A 20-year-old male opened fire in a
Tacoma mall, wounding six. The shooter took four hostages, all of whom were
released unharmed.
167
San Francisco, California. October 14, 2005. 22-year- old Dernae Wysinger and his
two-year-old son, Naemon, were killed when a man opened fire on their car with an
assault weapon. The toddlers mother, Jazmanika Ridout, was shot in the foot and
survived. The family was leaving the home of the toddlers great aunt, who had been
babysitting Naemon so that Wysinger and Ridout could go on a date.
168
North Braddock, Pennsylvania. August 12, 2005. A man was found dead, shot in
the back and head. Police found assault rifle bullet casings near the body.
169
Denton County, Texas. August 9, 2005. In a night-long standoff at his home, a
man fired his SKS assault rifle at police to avoid being arrested. After shooting an
officer in the leg and refusing to negotiate, police shot and killed the suspect.
170
New Orleans, Louisiana. August 8, 2005. While driving, a man was shot and killed
when an occupant of another car opened fire with an AK-47 assault rifle.
171

164
NBC 51 WDIV, Detroit, MI, Jan. 4, 2006.
165
Man killed in early morning shooting, MIAMI HERALD, Dec. 28, 2005.
166
Eight-hour standoff ends peacefully, THEINDYCHANNEL.COM, Dec. 13, 2005 available at:
http://www.theindychannel.com/news/5524484/detail.html (last visited Sept. 29, 2008).
167
Suspect: follow screams, Man opens fire at mall in Tacoma; 6 wounded, AKRON BEACON JOURNAL,
Nov. 22, 2005.
168
Christopher Heredia, San Francisco police ask public for help in finding shooting suspect, SAN
FRANCISCO CHRONICLE, Oct. 16, 2005.
169
Michael Hasch, Shooting victim was teen suspects uncle, PITTSBURGH TRIBUNE REVIEW, Aug. 17,
2005.
170
Domingo Ramirez Jr., Trooper is shot; suspect is killed, FORT WORTH STAR-TELEGRAM, Aug. 9, 2005.
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West Palm Beach, Florida. June 25, 2005. A man was killed and his 9-year-old
daughter severely wounded when a man fired into their parked car with an assault
weapon that police believe had been converted to fully automatic.
172
Cincinnati, Ohio. June 22, 2005. Assailants armed with SKS-type assault rifles
sprayed over forty armor-piercing bullets in twenty seconds, hitting two women
leaving a grocery store.
173
Livingston County, Kentucky. June 2, 2005. A deputy was shot when he
responded to a domestic disturbance call placed by a couples 18-year-old daughter.
When the officer entered the home, a male fired at least 8 rounds from an assault
rifle at him, hitting him four times and killing him. The officer was able to fire one
round which killed the gunman.
174
Fresno, California. May 31, 2005. A man fired at least eight shots from an assault
rifle at two veteran police officers sitting in their patrol car outside the police K-9
facility. The police later found a partially loaded 30 round magazine in the assailants
car.
175
Kansas City, Missouri. May 29, 2005. After being pulled over for a routine traffic
stop, a recently fired elementary school janitor shot a Highway Patrol trooper nine
times with a 9 mm assault rifle.
176
Tulsa, Oklahoma. May 29, 2005. A gunman fired more than 20 shots from an
assault rifle at an apartment building security guard, wounding the guard and hitting
his car and surrounding buildings.
177
Camden, New Jersey. May 21, 2005. A mother of three young children was killed
by a stray bullet fired from an AK-47 during a shoot-out.
178
Jackson, Mississippi. May 18, 2005. A man fired at least 17 shots from an SKS
assault rifle and 9 mm pistol at police during a traffic stop.
179

171
Walt Philbin, Three men killed in seven hours: All are shot to death on New Orleans streets, NEW
ORLEANS TIMES PICAYUNE, Aug. 9, 2005.
172
Gun owners trade in arms, W. Palm Beach shootings spark city buyback, SOUTH FLORIDA SUN-
SENTINEL, July 10, 2005.
173
Two wounded in West End, CINCINNATI POST, June 24, 2005.
174
Livingston County Kentucky Deputy Sheriff killed in gunfight, LMPD.com, June 3, 2005, available at:
http://www.lmpd.com/index.php?name=News&file=article&sid=291&theme=AutoPrint (last visited Sept.
30, 2008).
175
Two held in assault-rifle attack on two officers, FRESENO BEE, June 1, 2005.
176
Accused man tells trooper hes sorry, KANSAS CITY STAR , May 30, 2005.
177
Security guard at apartment is shot, TULSA WORLD, May 29, 2005.
178
Two more men arraigned in fatal street shoot-out, THE PHILADELPHIA INQUIRER, June 1, 2005.
179
Bond denied for man in shootout, SUN HERALD, July 20, 2005.
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46
Clayton County, Georgia. April 23, 2005. High school senior Larry Bishop Jr. was
killed, and three other teens were wounded, when a gunman opened fire on a group of
partygoers. 18-year old Artavious Rashad Abercrombie was arrested in connection with
the crime.
180
Miami, Florida. April 10, 2005. Three men were injured during a dispute in a strip
club parking lot when a fourth man fired an AK-47 at them.
181
Canton, Texas. April 8, 2005. A man shot his sons football coach in the chest with
an AK-47 after a dispute.
182
Houston, Texas. April 8, 2005. Two robbers armed with AK-47s fired nearly twenty
rounds at police during a shoot-out outside a pawnshop.
183
New Orleans, Louisiana. March 27, 2005. A woman was shot in the chest outside
her apartment with an AK-47 when she refused to give her purse to two armed
robbers.
184
Pittsburgh, Pennsylvania. March 16, 2005. 16-year- old Keith Watts was killed, and
two other students were injured, when a shooter fired at least eight rounds from an AK-
47 into their parked vehicle.
185
Dallas, Texas. March 15, 2005. Three people were killed after a man fired an
assault rifle at them through the sunroof of his car.
186
Schertz, Texas. March 3, 2005. After being pulled over, a man fired more than 30
bullets from a handgun and AK-47 at a state police officer.
187
Tyler, Texas. February 25, 2005. A gunman with a history of domestic violence
and a felony conviction, who was reportedly fighting with his ex-wife over child
support for their two youngest children, shot over 50 rounds from an SKS assault
rifle on the steps of his local courthouse when his ex-wife exited the building. His
ex-wife was killed along with a bystander who tried to shoot the gunman. The
shooters 23-year-old son and three law enforcement officers were wounded during
the shooting, including a 28-year-old deputy who was in grave condition. The

180
Teen faces murder charge, THE ATLANTA JOURNAL-CONSTITUTION, May 28, 2005.
181
Pair of early-morning shootings leave six hurt, MIAMI HERALD, April 11, 2005.
182
Gunman attacks coach at school, FORT WORTH STAR-TELEGRAM, April 8, 2005.
183
Pawnshop heist ends in bloody shootout, HOUSTON CHRONICLE, April 7, 2005.
184
Jeff woman shot in struggle with thief, THE TIMES-PICAYUNE, March 29, 2005.
185
Schools need permission to shield kids from threats, PITTSBURGH POST-GAZETTE, March 18, 2005.
186
Police say revenge went awry for slaying suspects, DALLAS MORNING NEWS, March 18, 2005.
187
Man indicted in Schertz shootout, SAN ANTONIO EXPRESS-NEWS, March 24, 2005.
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gunman fled the scene but was pursued and shot by police when he exited his car
and shot toward officers.
188
Los Angeles, California. February 24, 2005. A disgruntled Los Angeles municipal
employee opened fire with an AK-47 after being reprimanded at work, killing his
supervisor and another employee.
189
Akron, Ohio. February 24, 2005. A man shot and killed his girlfriend and her seven
year old son using an AR-15 assault rifle, then fired more than one-hundred rounds at a
dozen law enforcement officers as he fled the murder scene. The gunman was arrested
the next morning inside the apartment of a Kent State University student, who he also
murdered with the AR-15 assault rifle. Police subsequently seized 21 weapons kept by
the suspect, including an Uzi and an AK-47.
190
Las Vegas, Nevada. February 15, 2005. A suspected murderer fled from police as
his girlfriend fired an assault rifle with a 100 round magazine at pursuing police
vehicles. The man was wanted in connection with a drug related murder and for a
nonfatal shooting. The man also had convictions for attempted manslaughter and
armed robbery, and was suspected of shooting at a Louisiana police officer five
months earlier.
191
Ulster, New York. February 13, 2005. A gunman fired more than 60 shots from an
AK-47 assault rifle in the Hudson Valley Shopping Mall, wounding two and causing
tens of thousands of dollars of damage before being apprehended. A few hours
earlier, the shooter had purchased armor-piercing ammunition from a nearby Wal-
Mart.
192
Lebanon, Tennessee. February 10, 2005. A second grade student found a Tec-9
inside a closet and brought it to school in his backpack, where it was confiscated by
police. The gun was not fired but sixteen bullets were discovered in the
magazine.
193
Dayton, Ohio. January 31, 2005. Three teens were shot with a Russian-made
assault rifle following an argument at a grocery store.
194

188
Bill Hanna & Jack Douglas Jr., Rampage in Tyler leaves three dead, four wounded, FORT WORTH
STAR-TELEGRAM, Feb. 25, 2005; Jack Douglas Jr. & Bill Hanna, Police order emergency trace on weapon
used in shootings, FORT WORTH STAR-TELEGRAM, FEB. 26, 2005.
189
2 Are Shot to Death at Maintenance Yard, LOS ANGELES TIMES, Feb. 25, 2005.
190
Ed Meyer, Police eye semiautomatic rifles, Brimfield officials want to be prepared after recent shooting
rampage that killed 3 people, AKRON BEACON JOURNAL, Feb. 24, 2005.
191
Brian Haynes, Wild chase ends in arrests, LAS VEGAS REVIEW-JOURNAL, Feb. 19, 2005.
192
Mall Gunman Had Columbine Fixation, an Official Says, THE NEW YORK TIMES, Feb. 15, 2005.
193
WKRN TV NEWS 2, Nashville, TN, Feb. 10, 2005.
194
Kelli Wynn, Assault weapon used in shooting, police say, DAYTON DAILY NEWS, Feb. 2, 2005.
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Ravena, Ohio. January 21, 2005. Three people were killed, including a mother and
her seven year old son, when a man fired at least 18 bullets from an assault rifle.
195
Jackson, Tennessee. January, 11, 2005. Donna Renee Jordan, 31, David Gordon,
41, and Jerry Hopper, 61, were killed when Jordans estranged husband, David Jordan,
opened fire in a Tennessee Department of Transportation maintenance garage. Two
other employees, Larry Taylor and James Goff, were shot and wounded. When David
Jordan was arrested shortly after the shootings, police found an SKS assault rifle, a 12-
gauge shotgun, and two pistols in his truck. Jordans wife, whom he shot four times, left
behind two children and two stepchildren.
Ceres, California. January 9, 2005. A 19-year-old Marine armed with an SKS
assault rifle shot two police officers, killing one, in a gun battle outside a liquor
store.
196
Newington, Connecticut. December 31, 2004. A former correction officer used a
fully automatic M-16 to fatally shoot a Newington policeman after the officer
responded to a domestic disturbance call.
197
New Orleans, Louisiana. December 23, 2004. A mentally challenged 19-year-old
was chased through the streets with a high-powered assault rifle before being
gunned down outside his former elementary school.
198
Hayward, Wisconsin. November 21, 2004. After being asked to leave another
hunters property, a 36-year-old man opened fire with an SKS semiautomatic rifle,
killing six members of a hunting party and wounding two.
199
Oak Creek, Wisconsin. November 5, 2004. A man wearing body armor and armed
with a machine gun fled the hotel room where he murdered his girlfriend, firing 30 to
40 rounds down the hotel hallway, killing one man and injuring two others.
200
Portland, Oregon. October 28, 2004. A 31-year-old aimed two machine guns out
his front window to guard the marijuana growing operation run from his home, which
was less than 400 feet from an elementary school. Police seized 29 guns from his
home, including several AK-47s and Uzis, a MAC-10 submachine gun and a .50

195
Stephen Dyer, Murder suspect pleads insanity, AKRON BEACON JOURNAL, Feb. 8, 2005.
196
Cop, gunman dead: Marine killed after shooting officers, THE MODESTO BEE, Jan. 11, 2005.
197
Officer shot, held hostage, HARTFORD COURANT, Dec. 31, 2004.
198
Barbarity beyond belief, THE TIMES-PICAYUNE, Dec. 23, 2004.
199
Wisconsin Shooting Rampage, ST. PAUL PIONEER PRESS, Nov. 23, 2004.
200
2 dead, 2 wounded in hotel shootings, MILWAUKEE JOURNAL SENTINAL, Nov. 6, 2004.
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49
caliber anti-aircraft gun. He was later sentenced to more than eight years in
prison.
201
Minneapolis, Minnesota. October 21, 2004. A store clerk died after being shot in
the chest with an assault rifle during a botched robbery attempt.
202
Oakland, California. September 22, 2004. A 16-year-old honor student was killed
on the sidewalk near her home after being struck by errant assault rifle fire.
203

201
Local news Washington County, THE OREGONIAN, May 4, 2006.
202
3 teens charged with clerks slaying, ST. PAUL PIONEER PRESS, Nov. 2, 2004.
203
Girl, 16, gunned down in Oakland drive-by, THE OAKLAND TRIBUNE, Sept. 24, 2004.
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1
Ferri Used Guns That California Ban Does Not Forbid, SAN FRANCISCO EXAMINER, July 4, 1993.
2
Michael Janofsky, Columbine killers thank gun suppliers taped comments revealed in hearing,
CLEVELAND PLAIN DEALER, Nov. 13, 1999.
3
Cults Massive Weapons Purchases Stir Up a Furor Over Federal Regulation, FORT WORTH STAR-
TELEGRAM, May 2, 1993.
4
Satellite College Campus Helps to Heal the Scars at San Ysidro Massacre, LOS ANGELES TIMES, Mar.
30, 1989; A 77-Minute Moment in History That Will Never Be Forgotten, LOS ANGELES TIMES, July 16,
1989.
5
The Kinds of Guns School Killer Used, SAN FRANCISCO CHRONICLE, Jan. 19, 1989; Michael Taylor &
Leslie Guevarra, Myterious Scrawlings and Slogans, School Killers Last Days, Toy Army in his Room,
SAN FRANCISCO CHRONICLE, Jan. 19, 1989.
6
In an appendix of this report, we have included 27 pages of assault weapons shootings that have
occurred in just the last four years. Moreover, this list is not comprehensive. It is merely representative
examples.
7
ATF, Assault Weapons Profile 19 (1994)
8
Judith Bonderman, In Search of Justice: Compensation for Victims of Assault Weapon Violence, 20
PRODUCT SAFETY & LIABILITY REP. 25 (June 26, 1992). There are numerous examples of test-firing that
display the firepower of semi-automatic assault weapons on YouTube. See, e.g.,
http://www.youtube.com/watch?v=nCMEqCPCvV4; http://www.youtube.com/watch?v=cYRsPzUYMM4;
and http://www.youtube.com/watch?v=A75O0-QolJI.
9
ATF, Assault Weapons Profile, supra note 7, at 19 (emphasis added).
10
Id.
11
Assault rifles concern police, MONTGOMERY ADVERTISER, May 25, 2006.
12
ATF, Assault Weapons Profile, supra note 7, at 20.
13
See infra p. 15.
14
Dept of Treasury, Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles 38 (1998).
15
ATF, Report and Recommendations of the ATF Working Group on the Importability of Certain Semi-
Automatic Rifles (July 6, 1989)
16
Dept of Treasury, Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles, supra
note 14.
17
Christopher S. Koper, Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun
Markets and Gun Violence, 1994-2003, U. PA. JERRY LEE CENTER OF CRIMINOLOGY 3 (June 2004).
[Quotation in report spells out assault weapons & large capacity magazines while the actual quotation
uses the abbreviations AWs & LCMs].
18
Press Release, Mayor Hahn, Chief Bratton Unite With Leaders Across Country To Demand Renewal Of
Assault Weapons Ban (Apr. 27, 2004) (available at www.lacity.org).
19
Christopher S. Koper, Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun
Markets and Gun Violence, 1994-2003, supra note 17, at 87. [Quotation in report spells out assault
weapons while the actual quotation uses the abbreviation AWs].
Endnotes
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20
See International Association of Chiefs of Police, Taking a Stand: Reducing Gun Violence in Our
Communities: Report and Recommendations from the IACP Great Lakes Summit on Gun Violence 26
(2007) (noting that FBI data indicated that 41 of the 211 law enforcement officers slain in the line of duty
between January 1, 1998 and December 31, 2001, were killed with assault weapons. See also, H.R.
Rep. No. 103-489 (1994) at 14-15 (citing testimony about several assault weapons shootings); Cops
Under Fire: Law Enforcement Officers Killed With Assault Weapons or Guns With High Capacity
Magazines, Handgun Control, Inc. (now the Brady Center to Prevent Gun Violence) (1995).
21
The Officer Down Memorial Page, Inc. collects information on officers killed in the line of duty. See
http://www.odmp.org/.
22
SAPD Details Monday Shooting Investigation, KSAT12-TV, San Antonio, Texas, Sept. 10, 2008.
23
Brady McCombs & Alexis Huicochea, Officer on life support after crosstown pursuit, ARIZONA DAILY
STAR, June 2, 2008.
24
Joseph A. Gambardello, Liczbinski suspects girlfriend to stand trial, PHILADELPHIA INQUIRER, July 17,
2008; Officer shot, killed after bank robbery, NBC 10.COM, May 3, 2008; See Sergeant Stephen
Liczbinski, www.odmp.org, available at: http://www.odmp.org/officer/19359-sergeant-stephen-liczbinski
25
David Ovalle et. al., The murder and the manhunt started in a South Miami-Dade townhouse,
zigzagged, MIAMI HERALD, Sept. 15, 2007.
26
See Officer Frank Charles Denzinger, odmp.org, available at: http://www.odmp.org/officer/18926-
officer-frank-charles-denzinger (last visited Sept. 30, 2008).
27
See, e.g., Brittany Wallman, Fort Lauderdale police to carry assault rifles in cars, SOUTH FLORIDA SUN-
SENTINEL, June 4, 2008; Ronnie Garrett, Long guns on patrol: Officers find it takes more than a handgun,
a badge and handcuffs to protect the public and themselves, OFFICER.COM, May 20, 2008; David C.
Lipscomb, D.C. to arm police with assault rifles, WASHINGTON TIMES, May 8, 2008, Arms race has police
carrying deadlier guns: Officers armed with increasingly powerful tools, ASSOCIATED PRESS, Mar. 22,
2008; Katie Fretland, Sheriffs office upgrades to counter criminals, ORLANDO SENTINEL, Oct. 4, 2007,
28
Kevin Johnson, Police needing heavier weapons: Chiefs cite spread of assault rifles, USA TODAY, Feb.
20, 2007.
29
Matt Sedensky, AK-47s are turning up more in U.S., ASSOCIATED PRESS, Mar. 27, 2008; Lise Fisher,
Phasing in firepower, GAINSVILLE SUN, Dec. 17, 2007; Jeffrey Kofman, Increasing Assault Weapons in
Criminal Hands, ABC NEWS, Nov. 27, 2007
30
Matt Sedensky, AK-47s are turning up more in U.S., supra note 29.
31
See Mike Flannery, More Assault Weapons Found in Chicago Since Ban Expired, CBS 2 CHICAGO,
June 7, 2005, available at http://cbs2chicago.com/topstories/local_story_158180945.html.
32
State Attorney: Problems Posed by Haitian Gangs Growing, NBC6, June 7, 2006 available at:
http://www.nbc6.net/news/9337747/detail.html.
33
Murder Also Stalks Black Men in Their 20s, MIAMI HERALD, June 25, 2006.
34
Jack Dolan, Miami Police get OK for more firepower, MIAMI HERALD, Sept. 16, 2007.
35
Matt Sedensky, Assault-weapon attacks on rise in Miami area where officer slain, ASSOCIATED PRESS,
Sept. 14, 2007.
36
Jack Dolan, Miami Police get OK for more firepower, supra note 34.
37
Bruce Falconer, How Not to Buy an AK-47, MOTHER JONES, July 16, 2008.
38
Matt Sedensky, Assault-weapon attacks on rise in Miami area where officer slain, supra note 35.
39
Ryan LaFontaine, Gunman had a large arsenal, Police say Asher used AK-47, SUN HERALD, June 9,
2007.
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40
Ian Urbina, Fatal police station attack shocks tranquil community, NEW YORK TIMES, May 10, 2006;
Officer Killed, BOSTON GLOBE, May 18, 2006.
41
Omar Sofradzija, Processions to honor Prendes, LAS VEGAS REVIEW-JOURNAL, Feb. 7, 2006.
42
Livingston County Kentucky Deputy Sheriff killed in gunfight, LMPD.COM, June 3, 2005, available at:
http://www.lmpd.com/index.php?name=News&file=article&sid=291&theme=AutoPrint (last visited Sept.
30, 2008).
43
Cop, gunman dead: Marine killed after shooting officers, THE MODESTO BEE, Jan. 11, 2005
44
Assault Weapons Putting Safety in Crosshairs?, KDKA CBS 2, July 12, 2005, available at
http://kdka.com/local/local_story_193165007.html.
45
Kevin Johnson, Police needing heavier weapons: Chiefs cite spread of assault rifles, USA TODAY, Feb.
20, 2007.
46
Michael Laforgia, Assault rifles escalate violence, PALM BEACH POST, Jan. 28, 2007.
47
Susan Candiotti, Cops find themselves in arms race with criminals, CNN.COM, Nov. 6, 2007.
48
Len Fooksman, Police Fearful of Violent Crime Trend: AK-47 Shootings, SOUTH FLORIDA SUN-SENTINEL,
May 13, 2006.
49
Authorities seeing increase in use of assault weapons, WRAL-TV, Aug. 28, 2008.
50
Glenn Smith, Police cant get handle on supply, POST AND COURIER, Oct. 1, 2006.
51
Evan Goodenow, AK-47-type weapons in city, police reporting: Seizures are up nationally since
assault-rifle ban expired in 2004, FORT WAYNE NEWS SENTINEL, June 24, 2008.
52
Lynn Safranek, Assault rifles becoming more common in Midlands, OMAHA WORLD-HERALD, Jan. 27,
2008.
53
Vic Lee, SF cops say theyre outgunned, KGO TV 7 NEWS, Aug. 24, 2006.
54
Id.
55
Niagara, Wisconsin shooting suspect caught, THE CHICAGO TRIBUNE, Aug. 1, 2008.
56
Gunman in mass shooting identified, WVEC 13 NEWS, Mar. 20, 2008, available at:
http://www.wvec.com/news/vabeach/stories/wvec_local_031908_vb_shooting.79dfc43.html (last visited
Sept. 29, 2008).
57
Erin Emery, Report details church shooting, the document chronicles the days leading up to the Dec. 9
deaths of four young people, DENVER POST, Mar. 13, 2008.
58
The American Way, REGISTER-GUARD, Dec. 17, 2007.
59
Suspect: follow screams, Man opens fire at mall in Tacoma; 6 wounded, AKRON BEACON JOURNAL,
Nov. 22, 2005.
60
Mall Gunman Had Columbine Fixation, an Official Says, THE NEW YORK TIMES, Feb. 15, 2005.
61
Mary Sparacello, Housing Authority reining in parties, Kenner shooting leads to regulations, NEW
ORLEANS TIMES PICAYUNE, Oct. 11, 2007.
62
Tom Rybarczyk, Calumet City reels after spray of bullets, CHICAGO TRIBUNE, June 26, 2006.
63
Ashley M. Heher, Suspect in slaying of 7 family members surrenders / Indianapolis police say he had
nowhere else to go, HOUSTON CHRONICLE, June 4, 2006.
64
Gov. Blagojevich, victims families, advocates urge lawmakers in Springfield to pass statewide assault
weapons ban, US STATE NEWS, Mar. 23, 2006.
65
Charles Sheehan, Neighborhood buries another child, CHICAGO TRIBUNE, Mar. 19, 2006.
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66
Stephen Kudak & Sarah Lundy, Cops: Suspect admits killing 2 campers in Ocala forest, ORLANDO
SENTINEL, Jan. 28, 2006.
67
Bill Hanna & Jack Douglas Jr., Rampage in Tyler leaves three dead, four wounded, FORT WORTH STAR-
TELEGRAM, Feb. 25, 2005; Jack Douglas Jr. & Bill Hanna, Police order emergency trace on weapon used
in shootings, FORT WORTH STAR-TELEGRAM, Feb. 26, 2005.
68
Ed Meyer, Police eye semiautomatic rifles, Brimfield officials want to be prepared after recent shooting
rampage that killed 3 people, AKRON BEACON JOURNAL, Feb. 24, 2005.
69
Wisconsin Shooting Rampage, ST. PAUL PIONEER PRESS, Nov. 23, 2004.
70
Marianne Zawitz, Guns Used in Crime, U.S. Dept of Justice, Bureau of Justice Statistics 6 (1995).
71
ATF, Assault Weapons Profile supra note 7, at 19-20.
72
NIJ, Firearm Use By Offenders 2-3 (2001).
73
ATF, Assault Weapons Profile, supra note 7, at 19.
74
Dept of Treasury, Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles, supra
note 14, at 17
75
Paul Salopek, A Chilling Look into Terrors Lair, CHICAGO TRIBUNE, Nov. 18, 2001.
76
Complaint, United States v. Shnewer, Magistrate No. 07-M-2045 (D.N.J. 2007).
77
Indictment Details Terror Weapons Smuggling Scheme, NEW YORK SUN, March 16, 2005.
78
Press Release, U.S. Dept of Justice, Rockford Man Faces Federal Explosives Charges; Large Cache
of Weapons, Ammunition and Explosives Materials Seized (Apr. 21, 2004).
79
Gun Land Are guns bought in the U.S. ending up in the hands of terrorists?, NOW WITH BILL MOYERS,
Nov. 15, 2002.
80
ATF: Phoenix Gun Dealer Supplied Mexican Drug Cartels, ABC NEWS, May 6, 2008.
81
U.S. guns arm Mexican drug cartels, LOS ANGELES TIMES, Aug. 11, 2008.
82
Man Accused of Shipping Arms, Ammunition to Beirut, ASSOCIATED PRESS, Nov. 21, 2000.
83
Gun Land Are guns bought in the U.S. ending up in the hands of terrorists?, NOW WITH BILL MOYERS,
supra note 79.
84
Elena Cabral, Attempt to Buy Rifles Linked to Terrorist, MIAMI HERALD, June 2, 2001.
85
22-year-old Rupinder Benny Oberoi was shot in the lower back outside his place of work in Silver
Spring, Maryland on September 14th. 52-year-old liquor store manager Claudine Parker was shot and
killed as she and a coworker closed the store in Montgomery, Alabama. 45-year-old beauty supply store
manager named Hong Im Ballenger was shot and killed outside a store she managed in Baton Rouge,
Louisiana on September 23
rd
.
86
Premkumar A. Walekar of Olney, Maryland, a 54-year-old male cabdriver, was shot and killed with the
Bushmaster assault rifle at a Mobil gas station in Aspen Hill, Maryland on October 3rd.
87
James L. Sonny Buchanan, Jr. of Abingdon, VA, a 39-year-old landscaper, was shot and killed with
the Bushmaster assault rifle while mowing grass at a car dealership in White Flint, Maryland On October
3.
88
Linda Franklin, a 47-year-old FBI employee was shot and killed with the Bushmaster assault rifle while
loading packages with her husband in their car in the parking garage of a Home Depot in Seven Corners
Shopping Center in Fairfax County, Virginia On October 14.
89
Second Amended Complaint, Halberstam v. S.W. Daniel, Inc., No. 95-C3323 (E.D.N.Y.1998), Nov. 19,
1997.
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90
CIA Killings Prompt Scrutiny on 2 Fronts; Fairfax Loophole Expedited Gun Purchase, WASHINGTON
POST, Feb. 11, 1993.
91
Robert OHarrow, Jr. Kansis Shadowy Stay in U.S. Leaves a Hazy Portrait, WASHINGTON POST, Mar 3,
1993.
92
On March 21, 1989, ATF announced a temporary suspension of the importation of five assault
weapons. On March 29, 1989, ATF expanded the scope of the suspension to cover all assault weapons
indistinguishable in design, appearance and function to the original five and established a working group
to decide whether to make this import ban permanent. On March 30, 1989, a gun importer challenged
ATFs authority to suspend the importation of these weapons. The Eleventh Circuit Court of Appeals
upheld ATFs authority to issue the import suspensions. Gun South, Inc. v. Brady, 877 F.2d 858 (11th
Cir. 1989). ATF then issued its working group report and, pursuant to 18 U.S.C. 925(d)(3), made the
import ban permanent. ATF, Report and Recommendation of the ATF Working Group on the Importability
of Certain Semiautomatic Rifles supra note 15.
93
In April 1998, ATF determined that the 1989 ban on the importation of assault rifles remained valid and
expanded the import ban to include rifles with the ability to accept a detachable large capacity military
magazine because those weapons cannot fairly be characterized as sporting rifles. ATF, Department
of the Treasury Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles, supra note 14.
94
See ATF, Report and Recommendation of the ATF Working Group on the Importability of Certain
Semiautomatic Rifles, supra note 15, at 5-8 (describing numerous military features of assault weapons).
95
Police Fear a Future of Armored Enemies, USA TODAY, Mar. 3, 1997.
96
Declaration of Leonard J. Supenski in Support of Plaintiffs Joint Opposition to Navegar, Inc.s Motion
for Summary Judgment or, in the Alternative, Summary Adjudication at 8, In re 101 California Street
Bldg., No. 959316 (Sup. Ct. Cal. 1996).
97
Jim Zumbo, Assault Rifles for Hunters?, available at:
http://razoreye.net/mirror/zumbo/zumbo_assault_rifles.html (last visited Oct. 7, 2008).
98
District of Columbia v. Heller, 128 S.Ct. 2783 (2008).
99
The Court was careful to announce only a limited Second Amendment right that was tied to guns used
for self-defense in the home. Id. at 2821-22. [W]hatever else [the Second Amendment] leaves to future
evaluation, it surely elevates above all other interests the right of law-abiding, responsible citizens to use
arms in defense of hearth and home. Id. at 2821. [T]he enshrinement of constitutional rights
necessarily takes certain policy choices off the table. These included the absolute prohibition of
handguns held and used for self-defense in the home. Id. at 2822. In sum, we hold that the Districts
ban on handgun possession in the home violates the Second Amendment, as does its prohibition against
rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Id. at
2821-22.
100
Id. at 55.
101
See infra p. 1, Assault Weapons are Designed to Slaughter People.
102
Those include California, which passed the nations first statewide ban in May 1989, as well as New
Jersey (1990), Hawaii (1991), Connecticut (1993), Maryland (1994), Massachusetts (1998), and New
York (2000). California expanded its ban in 2000 to include all semiautomatic rifles or pistols that have
the ability to accept a detachable magazine and contain any one of a series of military-style features
similar to the list found in the federal ban. CAL. PENAL CODE 12276.1.
103
See infra p. 14, Assault Weapons Have No Sporting or Self-Defense Purpose.
104
See, e.g., Benjamin v. Bailey, 662 A.2d 1226 (Conn. 1995); Robertson v. Denver, 874 P.2d 325 (Colo.
1994); Arnold v. City of Cleveland, 616 N.E.2d (Ohio 1993).
105
Hearings Before the Committee on the Judiciary on S. 639 and S. 653, U.S. Senate, 103d Cong. 1
(Aug. 3, 1993) (statement of Hon. Joseph Biden).
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106
The law was intended to cover copies or duplicates of named firearms, 18 U.S.C. 921(30)(A), but it
was never successfully applied to ban any of the copycat weapons that emerged after the ban unless
they also violated the two-features test.
107
The data available at the time of the study went up through the end of 2001.
108
The conclusions in the On Target study were similar to an analysis of assault weapons traced to crime
done for United States Senators Dianne Feinstein and Charles Schumer. This analysis showed that the
proportion of banned assault weapons traced to crime dropped by more than 65% while the ban was in
effect, according to ATF crime gun trace data. See report released on Nov. 5, 2003, available at
http://feinstein.senate.gov/03Releases/r-assaultwepsrate1.htm.
109
In addition to the Brady Centers study, the U.S. Department of Justice, National Institute of Justice
conducted a study, mandated by the Act, of the short-term impact on crime of the assault weapons ban.
The study, published in 1999, found that the ban had clear short-term effects on the gun market, leading
to semiautomatic assault weapons becom[ing] less accessible to criminals because there was at least a
short-term decrease in criminal use of the banned weapons. Jeffrey A. Roth & Christopher S. Koper,
Impacts of the 1994 Assault Weapons Ban: 1994-96 1, 9 (U.S. Dept of Justice, National Institute of
Justice 1999) (available at http://www.ncjrs.org/pdffiles1/173405.pdf).
110
One of the principal authors of that interim study published a follow-up analysis of the effects of the
federal ban in June 2004. Christopher S. Koper, Updated Assessment of the Federal Assault Weapons
Ban: Impacts on Gun Markets and Gun Violence, 1994-2003, U. PA. JERRY LEE CENTER OF CRIMINOLOGY,
supra note 17. That study documented a dramatic reduction in the incidence of assault weapon use in
crime while the ban was in effect. The study found, according to ATF data, that assault weapons, as a
percentage of total crime gun traces, fell 70% from 1992-93 to 2001-02. Id. at 44. Indeed, the study
found it remarkable that the annual number of assault weapons traced to crime did not increase during
the period the ban was been in effect, even though, due to far more comprehensive tracing of crime guns
by ATF, the number of total guns traced to crime increased almost 200% during that same period. Id. As
the study noted, these results were consistent with the findings of the Brady Center in its On Target
report, discussed above. Id. at 44, n.43. Kopers study attributed these declines in the frequency of
assault weapon use in crime to the statute itself, in contradiction to the assertions made by some
commentators that the decline was due to other factors. The study found that the decline in frequency of
assault weapon traces did not begin until 1994, the year of the ban, and concluded that the ban
prevent[ed] a few thousand crimes with assault weapons annually. Id. at 52, n.61.
111
The firearms listed in this data are considered by ATF to be crime guns, which means they have
been illegally possessed, used in a crime, or suspected of having been used in a crime. ATF, The Youth
Crime Gun Interdiction Initiative, Crime Gun Trace Analysis Reports: The Illegal Youth Firearms Market in
27 Communities 5 (1999).
112
CAL. PENAL CODE 12276.1.
113
H.R. 1022, 110th Cong. (2007).
114
See http://www.pollingreport.com/guns.htm.
115
Id.
116
Majority of U.S. adults favors continuing ban on sales of assault rifles, according to latest Harris poll,
Sept. 24, 2004, available at: http://www.harrisinteractive.com/harris_poll/index.asp?PID=498 (last visited
Oct. 3, 2008).
117
Survey: 8 out of 10 Illinois voters favor banning assault weapons, WBBM 780 NEWS, Chicago, IL, Mar.
22, 2007.
118
Numerous newspaper editorials and columnists are in favor of the reinstatement of an assault
weapons ban. See, e.g., Our leaders are fighting to bring back the national assault weapons ban, DAILY
PENNSYLVANIAN, May 29, 2008; Brian Scheid, Rendell: Reinstate weapons ban, BUCKS COUNTY COURIER
TIMES, May 12, 2008; David Gambacorta, In wake of Liczbinski slaying, a push for assault-weapon ban,
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PHILADELPHIA DAILY NEWS, May 8, 2008; Time for action, BUCKS COUNTY COURIER TIMES, May 7, 2008;
Gun Control: How many more?, PHILADELPHIA INQUIRER, May 6, 2008; Sam Wood, Cheap but deadly
weapon killed police officer, PHILADELPHIA INQUIRER, May 6, 2008; Assault rifles: Cops find themselves
outgunned, SALT LAKE TRIBUNE, Apr. 14, 2008; Take aim at guns, CHICAGO TRIBUNE, Mar. 12, 2008; Gun
Crazy, NEW YORK TIMES, Mar. 1, 2008; Assault weapon bill is a start, at least, SOUTH FLORIDA SUN-
SENTINEL, Feb. 12, 2008; Off-Target: Why are chuka sticks illegal, but not AK-47 knockoff?, SYRACUSE
POST-STANDARD, Dec. 27, 2007; Mass killings demand serious debate on banning some weapons,
RECORDNET.COM, Dec. 20, 2007, available at:
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20071220/A_OPINION01/712200308/-
1/A_OPINION (last visited Oct. 2, 2008); Ralph Fascitelli, Its time to outlaw military assault weapons,
SEATTLE POST-INTELLIGENCER, Dec. 19, 2007; Get rid of these guns now, TIMES-HERALD, Dec. 19, 2007;
Courage vs. Carnage: What Congress can do to keep the worst weapons out of the wrong hands,
WASHINGTON POST, Dec. 13, 2007; The Omaha Massacre: Warning Shots, PHILADELPHIA INQUIRER, Dec.
7, 2007; Charles Rabin, Dade urges renewing assault-arms ban, MIAMI HERALD, Nov. 8, 2007; The other
arms race, BALTIMORE SUN, Nov. 7, 2007; Ana Menendez, Theres no good reason to have an assault
rifle, MIAMI HERALD, Sept. 16, 2007; Legislature should take aim at assault weapon horrors, CHICAGO SUN-
TIMES, Jan. 10, 2007.
119
See Press Release, Brady Campaign to Prevent Gun Violence, Jim and Sarah Brady Personally
Offended by Gun Lobby Efforts to Falsify Reagan Record (June 16, 2004) available at:
http://www.bradycampaign.org/media/release.php?release=565 (quoting letter from President Reagan).
120
See Press Release, Brady Campaign to Prevent Gun Violence, Former Presidents Ford, Carter,
Clinton Urge President Bush to Save the Assault Weapons Ban (June 7, 2004) available at:
http://www.bradycampaign.org/media/release.php?release=569.
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Banning Assault Weapons-
A Legal Primer for State and Local Action
A Publication of
I.
Legal Community Against Violence
! I---ex-pe-rtls-e.-Info-r-ma-tlo-n &-a-dV-OC-ac-y t-o e-nd- g-Un-Vlolence
78 of 284
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I
79 of 284
A-1178
Banning Assault Weapons -
A Legal Primer for State and Local Action
A Publication of
I .
' I---e-xp-e-rt'-se-. '-nfo-rm-a-t'-on-&-a-dY-OC-a-cy- to- e-nd- g- U-n Y- IOlence
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A-1179
The views expressed in this publication are those of Legal Community Against Violence.
This publication is not intended as legal advice to any person or entity, and should
not be regarded as such.
April 2004
Reissued September 2004
Reprinted August 2005
Copyright 2004 by Legal Community Against Violence. All Rights Reserved.
Mailing Address: 268 Bush Street, #555
San Francisco, CA 94 I 04
Tel: 415-433-2062 Fax: 41 5-433-3357
E-mail: stateandlocalbans@lcav.org
Web site: www.lcav.org
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Table of Contents
Statement on the Expiration of the Federal Assault Weapon Ban .......................................... iii
Preface ....................................................................................................................... v
I. Introduction: How To Use This Resource ..................................................................... 1
II. Why Ban Assault Weapons? ............................................................................................ 1
III. A Brief History of Assault Weapon Regulation in the U.S ............................................ 3
IV. Is the Federal Assault Weapon Ban Adequate? ............................................................. 3
V. Existing State and Local Assault Weapon Bans ............................................................. 5
State Bans ................................................................................................... ............. .. ........ .. 5
Local Bans ........................................................................................................................... 6
VI. Wby Push for State and Local Action? ........................................................................... 7
VII. The Legal Background ..................................................................................................... 9
The Second Amendment and State Right to Bear Arms Provisions ................................... 9
Preemption ........... .. ............................ ............................. ................. .......................... ....... 11
Due Process and Equal Protection .................................................................................... 13
Other Legal Challenges to Assault Weapon Bans ........... ... ........................................ ..... . 14
VIII. How LCA V Can Help ..................................................................................................... 15
Appendices ............................................ , ................................................................... 17
Appendix A: Assault Weapon Laws in the United States ............................................ .. 19
Appendix B: Snapshot Comparison of Federal and State Assault Weapon Bans .......... 2]
Appendix C: Profiles of Federal and State Assault Weapon Bans and Litigation ......... 25
Appendix D: Common Legal Challenges to Laws Banning Assault Weapons .............. 39
Appendix E: Excerpts of the Federal Assault Weapon Ban ........................................... 47
Appendix F: Excerpts of the California Assault Weapon Ban ................................... ... 51
Appendix G: LCAV Model Law to Ban Assault Weapons ............................................ 57
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Statement on the Expiration of the Federal Assault Weapon Ban
The federal assault weapon ban expired on September 13, 2004. Despite overwhelming public support for
its renewal, Congress and the President allowed the I O-year old law to expire. As a result, semi-automatic,
military style weapons that were formerly banned under the federal law are now legal unless banned by
state or local laws.
Expiration of the ban, especially in light of the public's strong support for its renewal, is an outrage. Most
Americans, including gun owners, not only favored renewal of the assault weapon ban, they supported
strengthening it. Law enforcement officials across the country demanded that the law be renewed and
made stronger. A recent study conducted by University of Pennsylvania researchers for the National
Institute of Justice of the U.S. Department of Justice confirms the importance of strengthening federal
regulation of both assault weapons and large capacity ammunition magazines:
Unfortunately, the failure to renew the federal ban highlights the tremendous political obstacles even the
most commonsense gun laws face at the federal level. The Senate voted to extend the ban in March 2004.
The vote arose as an amendment to a bill sought by the National Rifle Association (NRA) to provide
unprecedented legal immunity to the gun industry. The NRA ultimately directed its supporters to oppose
the bill - its top legislative priority - rather than risk renewal of the assault weapon ban.
Legal Community Against Violence (LCA V) will continue to work for swift restoration and strengthening
of the federal law. But the inaction of Congress and the President reinforces our belief that we must build
momentum for nationwide change through state and local policy reform.
In April 2004, LCA V released Banning Assault Weapons - A Legal Primer for State and Local Action as a
legal roadmap for public officials and gun violence prevention activists working to ban assault weapons at
the state and local level. The model law contained in the report provides a starting point for these efforts.
The model defines assault weapons based on a single military feature test, bans conversion kits and large
capacity ammunition magazines, and provides two options for dealing with pre-ban weapons and
magazines. California's law, the most comprehensive assault weapon ban in the country, was a key source
for our model, but we also incorporated the best elements of other state and local assault weapon bans. As
a result, LCA V's model is stronger than any existing state or local ban, stronger even than bills introduced
in the Senate and House to improve the now-expired federal ban.
The need for strong state and local gun policies is more urgent than ever. Expiration of the federal ban
demonstrates that we cannot rely solely on Congress and the President. It is crucial that state and local
governments implement innovative laws and policies to fill in gaps in federal law and serve as a catalyst
for the nationwide policies we need.
We have reissued our report, with only minor technical revisions, to help public officials and activists to
pursue this important objective. Seven states and a number oflocal communities already have assault
weapon bans in place. Many more must act to keep these weapons of war off our streets.
Sue Ann L. Schiff
Executive Director
September 14, 2004
Christopher S. Koper, with Daniel J. Woods & Jeffrey A. Roth, Jerry Lee Center of Criminology, University of
Pennsylvania, Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence,
/994-2003, Report to the National Institute of Justice, U. S. Department of Justice, June 2004.
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Preface
Most Americans favor stronger gun laws. But the history of the gun violence prevention movement shows
that due to the strength of the pro-gun lobby, federal reform, even under favorable political conditions, is
difficult to achieve and incremental at best. In the absence of comprehensive federal regulation, it is up to
state and local governments to adopt policies to prevent gun violence. Indeed, the future ofthe gun
violence prevention movement depends on building grassroots strength to achieve reform at the state and
local level so that, ultimately, nationwide solutions will be more easily achievable. Strong state and local
measures can address the concerns of specific communities and regions, improve community health and
safety, fill gaps in federal policy, and act as a catalyst for the broader reforms our country needs.
Unfortunately, even in the case of firearms as lethal as assault weapons, Congress has not yet established a
loophole-free, permanent ban to ensure that these weapons are not available for civilian use. This year,
Congress is debating whether the current federal ban, which expires in September, should be renewed. The
ban should not only be renewed, it should be strengthened. Yet to renew the ban as is will be an
exceptionally difficult challenge.
Legal Community Against Violence (LCA V) has prepared this report to furnish advocates and public
officials with the legal information they need to evaluate and pursue options at the state and local level,
options that will fill the gaps in federal law and inspire our national policymakers to ban assault weapons
effectively throughout the entire country. We cannot give up on Congress and must continue to advocate
for stronger federal law. But we also cannot afford to wait. Too many lives are at stake.
About Legal Community Against Violence
Our Mission and Philosophy
LCAV is a national public interest law center dedicated to preventing gun violence. We focus on policy
reform at the state and local level, marshaling the expertise and resources of the legal community to
transform America's gun policies from the grassroots up. LCA V fills a unique role as the first and only
lawyers' organization in the gun violence prevention movement - and the only organization exclusively
dedicated to providing legal assistance in support of gun violence prevention.
LCA V believes that commonsense laws and policies are needed to end the epidemic of gun violence in this
country. Community education and action are critical to achieving meaningful gun laws and policies.
Lawyers bring an essential set of skills to this challenge. By making complex legal and policy issues
understandable, conducting legal research, analyzing existing and emerging policy strategies, and
generating model regulations, LCA V informs and educates communities, and empowers advocates and
governments to pursue effective measures that are legally defensible.
Our History and Connection to the Issue of Assault Weapons
LCA V was founded in 1993, several days after a gunman with two assault weapons and a 45 caliber
semi-automatic pistol shot J4 people, fatally wounding eight of them, at 101 California Street in San
Francisco. Recognizing that stronger gun laws might have prevented this massacre and potentially could
prevent future tragedies, Bay Area lawyers formed LCA V.
LCA V and its supporters were directly involved in securing the passage of the federal assault weapon ban,
enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. Realizing that the federal
ban dealt with just some of the assault weapons being produced or imported - and did nothing about the
several million assault weapons already in civilian hands - LCA V has continued to support efforts to
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strengthen assault weapon bans at the local, state and federal levels. In 1999, with the strong support of
LCA V, California expanded and improved its law, making it the most comprehensive assault weapon ban
in the country.
Acknowledgments
LCA V wishes to acknowledge a number of individuals from other organizations working to prevent gun
violence who reviewed the report in draft form. Their comments were invaluable. We thank Eric Gorovitz
of the Educational Fund to Stop Gun Violence; Kristen Rand and Tom Diaz of the Violence Policy Center;
Luis Tolley of the Brady Campaign to Prevent Gun Violence united with the Million Mom March; Sue
Peschin of Consumer Federation of America; Toby Hoover of the Ohio Coalition Against Gun Violence;
and Thorn Mannard and Catherine Griffiths ofthe Illinois Council Against Handgun Violence. We also
thank Sayre Weaver, our former Legal Director and Special Counsel, and presently Legal Director of the
Educational Fund to Stop Gun Violence and Of Counsel to Richards, Watson & Gershon, for her guidance
throughout the preparation of this report.
LCA V's Senior Staff Attorney Andrew Spafford is the report's primary author. Senior Staff Attorney
Laura Cutilletta, also a contributor, served as primary editor. Two legal interns supported their efforts -
Ben Van Houten provided indispensable research assistance and Kevin Schettig assisted in the final editing
process. I also want to acknowledge the support of Juliet Leftwich, Managing Attorney, and Samuel
Hoover, Staff Attorney.
We are grateful to our donors and to the foundations whose financial support enabled us to produce this
report, in particular, The John D. and Catherine T. MacArthur Foundation, Richard & Rhoda Goldman
Fund, The Joyce Foundation, The Renaissance Foundation, and VanLobenSelsiRembeRock Foundation.
Sue Ann L. Schiff
Executive Director
April 2. 2004
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I. Introduction: How To Use This Resource
This report, Banning Assault Weapons - A Legal Primer for State and Local Action, has been created to
provide elected officials, government attorneys, and gun violence prevention activists with a practical guide
to the legal and policy issues surrounding the adoption and strengthening of assault weapon bans -
particularly those at the state and local level. Although the report discusses the law in this area of firearms
regulation, it does not offer, and is not intended to constitute, legal advice.
Instead, by examining the ongoing threat of assault weapons, the scope of existing federal, state and local
bans, and the extensive legal foundation supporting such bans, this report should answer many questions
about the options available in individual states and communities. LCA V encourages poJicymakers and
advocates to obtain expert counsel when considering a particular law or provision, and stands ready to
provide legal research, analysis, and drafting assistance to those seeking to ban assault weapons in their
states and communities.
The report includes a number of appendices with valuable legal information. Appendices A-D document
and summarize existing laws banning assault weapons and legal challenges to these laws, demonstrating
that state and local assault weapon bans are legally viable options. Appendices E and F include excerpts
of the 1994 federal ban and the current California ban. Appendix G provides a model assault weapon ban
developed by LCA V.
We believe that the case for banning assault weapons is overwhelming. We hope that those of you who are
concerned about the toll assault weapons have taken - and continue to take - on our society, will use this
report as a tool in your efforts to bring about change.
II. Why Ban Assault Weapons?
Assault weapons are semi-automatic firearms designed with military features to allow rapid and accurate
spray firing. They are not designed for "sport;" they are designed to kill humans quickly and efficiently.
Key assault weapon features include:
The ability to accept a detachable ammunition magazine, allowing for a higher rate and
duration of fire, as well as faster reloading;
Forward haodgrips, barrel shrouds,1 and magazines protruding in front ofthe trigger,
allowing the shooter to hold the firearm with two hands for greater control during rapid fire
(when the muzzle of the gun can quickly get too hot to hold);
Thumbhole stocks and pistol grips on rifles and shotguns, facilitating spray firing from the
hip and permitting increased control of the firearm;
Folding or telescoping stocks for conceal ability and mobility in combat; and
Muzzle brakes/compensators, which help reduce recoil and muzzle movement caused by
rapid fire.
I A barrel shroud is a covering attached to the barrel of a gun, or that partially or completely encircles the barrel, that
allows the bearer to hold the firearm with the non-trigger hand without being burned.
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These features serve to clearly distinguish assault weapons from standard sporting firearms. Some bans on
assault weapons, including the federal ban, list other military features (such as bayonet mounts and grenade
launchers) that are extraneous to what makes an assault weapon so deadly in civilian hands?
Unlike machine guns - fully automatic weapons that continue to fire as long as the trigger is held down (or
the ammunition is expended) - semi-automatic assault weapons fire one round of ammunition each time the
trigger is pulled. However, assault weapons still can fire many rounds per second, limited only by the
speed of the shooter's trigger finger. Indeed, many experts agree that semi-automatic fire is actually more
accurate than automatic fire, and thus more lethal.
3
In short, assault weapons are well designed to perform the military function of killing large numbers of
people by making spray firing easy.
Tragically, assault weapons have been all too effective at performing this task. A recent study analyzing
FBI data shows that 20% of the law enforcement officers killed in the line of duty from 1998 to 200 I were
killed with an assault weapon.
4
Some assault rifles are also accurate enough for use as sniper rifles, as
illustrated by the D.C. area sniper shootings in October 2002. The end result is the same - more deaths and
more injuries.
Mass Shootings Using Assault Weapons - A Tragic History
Partial List
July 18, 1984 - San Ysidro, CA (McDonald's restaurant) - 21 killed, 19 wounded. Firearms included a 9mm
UZI rifle.
April 23, 1987 - Palm Bay, FL (shopping center) - 6 killed, 14 wounded. Ruger Mini-14.
January 17, 1989 - Stockton, CA (elementary school) - 5 children killed, 29 children and I teacher wounded.
AK-47.
September 14, 1989 - Louisville, KY (printing plant) - 8 killed, 12 wounded. Fireanns included two
MAC-lIs and an AK-47.
January 25,1993 - Langley, VA (CIA Headquarters) - 2 employees killed, 3 wounded. AK-47.
February 28, 1993 - Waco, TX (Branch Davidian compound) - 4 ATF special agents killed, 16 others
wounded. Firearms included 123 AR-15s, 44 AK-47s, 2 Barrett 50 caliber rifles, 2 Street Sweepers, and an
unknown number ofMAC-1O and MAC-lis.
July 1, 1993 - San Francisco, CA (office building) - 8 killed, 6 wounded (one of the wounded subsequently
died). Fireanns included two TEC-DC9s.
April 20, 1999 - Columbine, CO (high school) - 13 killed, 23 wounded. Firearms included a TEC-DC9.
October 2002 - Washington, D.C. area (sniper shootings) - 10 killed, 3 wounded during a 3-week period.
Bushmaster XM-15 E2S rifle (not banned under the federal assault weapon law, but banned as an assault
weapon in California, Connecticut, Maryland and New Jersey).
2 See Educational Fund to Stop Gun Violence, Killing Machines - The Case for Banning Assault Weapons, Sept.
2003; Violence Policy Center, Bullet Hoses: Semiautomatic Assault Weapons - What Are They? What's So Bad About
Them?, May 2003.
l The National Firearms Act of 1934 regulated machine guns by imposing an excise tax and registration requirements
on their manufacture and transfer. 26 U .S.c. 5801 et seq, In 1986 Congress banned the transfer and possession of
machine guns not already in lawful circulation. 18 U.S.C. 922(0); see also 18 U.S.C. 922(bX4).
4 Violence Policy Center, "Officer Down" - Assault Weapons and the War on Law Enforcement, May 2003.
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III. A Brief History of Assault Weapon Regulation in the U.S.
The first ban in the nation on semi-automatic assault weapons was a Los Angeles ordinance passed in February
1989. The ordinance was adopted in response to a Stockton, California schoolyard shooting in which a
mentally ill individual with a criminal record used an AK-47 assault rifle to kill five children and wound 30
others. The ban prohibited the transfer and possession of assault weapons within the City of Los Angeles.
5
Later that year, California became the first state to pass an assault weapon ban, prohibiting the sale of 75
types, models, and series of firearms. A Iso in 1989, during the administration of President George H.W.
Bush, the federal government took its first major action to restrict the marketing of semi-automatic
weapons. Using authority granted to the Secretary of the Treasury in the Gun Control Act of 1968, the
Bureau of Alcohol, Tobacco and Firearms (A TF) banned the importation of more than 40 types of
military-style assault rifles because they did not meet the "sporting purposes" test imposed by that law.
6
In 1994, after several other states (including Hawaii, New Jersey, Connecticut and Maryland) and local
governments had passed laws to ban assault weapons, Congress adopted a federal ban on the manufacture
and possession of semi-automatic assault weapons. The ban included a 1 O-year sunset clause and several
significant loopholes.
On November 14, 1997, President Clinton directed A TF to temporarily block the importation of nearly
600,000 assault rifles that had been granted import permits and freeze pending applications to import
another one million assault rifles. In April 1998, A TF determined that these weapons (covering at least
59 models of assault rifles) did not meet the "sporting purposes" test and could not, therefore, be legally
imported into the country?
Since then, Massachusetts and New York have enacted assault weapon bans, while California has
strengthened its ban by incorporating additional provisions that are stronger than federal law . For a listing
of current federal, state and local assault weapon laws, and a comparison of existing federal and state
assault weapon bans, see Appendices A and B, respectively.
IV. Is the Federal Assault Weapon Ban Adequate?
The federal assault weapon ban prohibits the manufacture, transfer and possession of semi-automatic
assault weapons and the transfer and possession of large capacity ammunition feeding devices (i.e., those
capable of holding more than 10 rounds of ammunition). The law bans 19 named types, models and series
of assault weapons (and copies or duplicates of those weapons), and any semi-automatic firearm with at
least two specified military features and the ability to accept a detachable magazine (this last criterion does
not apply to shotguns).8
S City of Los Angeles Ordinance No. 164388 defined "assault weapon" to include 13 specific makes and models, and
"any semiautomatic, centerfire rifle or carbine which accepts a detachable magazine of twenty rounds or more .. ....
6 The Gun Control Act of 1968 included restrictions on weapons manufactured outside the United States. Under
18 U.S.C. 925(d)(3), the import approval authority of the Secretary of the Treasury is limited to firearms and
ammunition "generally recognized as particularly suitable for or readily adaptable to sporting purposes."
7 U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury Study on
the Sporting Suitability of Modified Semiautomatic Assault Rifles, 2-3, Apr. ]998.
B 18 U.S.C. 92 I (a)(30).
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While the federal ban was a phenomenal achievement when it was passed in 1994, it also was a victim of
numerous compromises, unfortunate regulatory decisions, and, ultimately, exploitation by the gun industry.
The data available indicate that the 1994 law has reduced the availability and use of assault weapons in
crimes, but such data also show that the law has significant limitations:
The generic definition of "assauIt weapon" requires each weapon to have two specified military
features. In contrast, in 1989 when the administration of President George H.W. Bush blocked the
importation of semi-automatic assault rifles based on the "sporting purposes" provision of the Gun
Control Act of 1968, and again in 1997-98 when President Clinton took similar action, ATF used a test
requiring only one specified military feature.
9
The law only bans the transfer and possession of assault weapons and large capacity ammunition feeding
devices manufactured after the effective date ofthe Act (September 13, 1994). Unlike several state bans
that require the registration of "grandfathered" assault weapons, the federal law has no such requirement,
leaving millions of unregulated assault weapons and large capacity feeding devices on the civilian market.
Many firearms manufacturers wasted little time redesigning their assault weapons to skirt the ban - a
tactic the gun industry calls "sporterization" - either by removing a military feature without
compromising the gun's ability to spray large amounts of ammunition rapidly and accurately, or by
replacing suspect components with substitutes not named under federal law (but which serve similar or
related functions). For example, pistol grips were sometimes swapped for thumbhole stocks, and flash
suppressors were replaced with muzzle breaks or muzzle compensators. 10
Pre-Federal Ban Colt AR-15
Collapsible
stock
Magazine well for detachable
high-capacity ammunition magazine
t
Flash
suppressor
Post-Federal Ban Bushmaster XM15 Carbine Assault Rifle
Fixed "tele-style" stock
- . *.ji!iiiIi

Pistol Grip
t
ammunition
magazme
t
Muzzle
brake
Soun:e: Violence PoYcy Center
The post-ban Bushmaster XM15 is an AR-15 type rifle, and thus directly comparable to the pre-ban Colt AR-15.
9 The features specified by A TF in 1989 were: folding/telescoping stocks, separate pistol grips, the ability to accept a
bayonet, flash suppressors, bipods, grenade launchers, and night sights. In 1997-98, A TF added to the list the ability
to accept a detachable magazine (a feature that it had considered but excluded in 1989). See U.S. Department of the
Treasury. supra note 7.
10 Thumbhole stocks are already a specified military feature under the California and Connecticut bans.
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The provision of the law banning "copies or duplicates" was intended to prevent manufacturers from
re-releasing the 19 named assault weapons under new names with superficial changes. II Unfortunately,
the phrase "copies or duplicates" was not defined in the statute, and A TF has not enforced the
provision. As a result, despite numerous cases of manufacturers exploiting this loophole, no firearms
have been banned for being a copy or duplicate.
12
The law contains a sunset provision and will expire on September 13,2004, unless it is renewed.
Renewal ofthe federal assault weapon ban is essential- but so is strengthening the law and removing its
numerous loopholes. For a profile and excerpts of the federal ban, see Appendices C and E, respectively.
v. Existing State and Local Assault Weapon Bans
State Bans
Although the federal assault weapon ban applies throughout the country, states are permitted to adopt their
own bans to supplement or exceed federal law .13 State bans can be broken into four basic categories based
on how the provisions in the ban compare to the federal law (which is the minimum restriction in every
state). The four categories are as follows:
1. States that ban most or all assault weapons, and significantly exceed federal law:
California
2. States that ban many assault weapons, and exceed federal law in numerous respects:
Connecticut and New Jersey
3. States that exceed federal law in some respects, but defer to federal law in others:
Hawaii, Maryland and Massachusens
4. States that essentially duplicate federal law:
New York
In addition, although the District of Columbia does not have a specific ban for assault weapons, its handgun
ban encompasses assault pistols and its machine gun ban encompasses firearms that can discharge
"[s)emiautomatically, more than 12 shots without manual reloading.,,14 Under a separate law, the District
II Of the nine assault weapon brand/types listed by manufacturer in the law, six have been remarketed in new,
"sporterized" configurations. See Violence Policy Center,l/Iinois - Land of Post-Ban Assault Weapons, Mar. 2004.
12 For example, Colt simply removed the flash suppressor from the banned AR-15 "Sporter" and renamed it the
"Match Target" to make the weapon post-ban compliant (the "Match Target" is now available with a muzzle brake
instead of a flash suppressor). Another example is the AB-1O post-ban version of the TEC-9 and TEC-DC 9. The
AB-lO removes the threaded barrel included on the TEC, but is otherwise virtual\y identical.
13 At least two states regulate assault weapons without imposing a true ban. Minnesota prohibits the possession of
"semi-automatic military style assault weapons" by persons under 18 years of age, and imposes some restrictions on
transfers through firearms dealers. Minn. Stat. 624.712 et seq. Virginia limits the possession and transportation of
certain semi-automatic "assault firearms" to citizens and permanent residents. Virginia also imposes a general ban on
the importation, sale, possession and transfer of the "Striker 12" and semi-automatic folding stock shotguns of like
kind, but does not refer to them as "assault firearms." Va. Code 18.2-308.2 et seq.
14 D.C. Code 7-2501.01(IOXB). For prohibitions on possession of handguns and machine guns, see D.C. Code
7-2502.01 el seq.; on sale, see D.C. Code 7-2505.01 et seq.; and on manufacture, see D.C. Code 7-2504.01.
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of Columbia imposes strict tort liability on manufacturers, importers and dealers of assault weapons for all
direct and consequential damages that arise from injury or death due to the discharge of an assault weapon
in the District (with limited exceptions).15
While some states ban specific assault weapons by name, others use a military features test to define and
ban assault weapons. Still other states combine both approaches.
California's ban is significant for several reasons. Initially, California named and banned 75 types, models
and series of assault weapons, plus minor variations; required assault weapons that were lawfully owned
prior to the ban to be registered; and generally prohibited the transfer of those weapons within the state.
After several years, however, it became apparent that manufacturers were altering their assault weapons
just enough to evade the ban. As noted above, similar problems arose with the federal ban.
California responded in 1999 by making a key improvement to its ban, applying a "one specified military
feature" standard to determine which firearms qualify as assault weapons (rather than the two feature
standard used in the federal ban and by several other states). By using this standard, almost all semi-
automatic firearms designed for rapid and accurate spray firing are barred from the civilian market. In
2002 another enhancement to the ban was adopted, requiring the California Department of Justice to
conduct an annual security and safe storage inspection of every person, firm or corporation holding a
permit to own or possess an assault weapon, including a reconciliation of the inventory of assault weapons.
Permit holders maintaining an inventory of less than five assault weapons are generally subject to
inspections only once every five years.
Other noteworthy state provisions include New Jersey's registration statute, which limits the registration
option to assault firearms with a legitimate target-shooting purpose - effectively requiring almost 60
models, types and series of assault weapons to be transferred out of state, rendered inoperable, or
surrendered to law enforcement. In addition, Connecticut and New Jersey prohibit the sale of assault
weapon conversion kits, and Hawaii bans the manufacture, possession and transfer of all large capacity
ammunition feeding devices - even those lawfully possessed before the ban.
For profiles of state assault weapon bans, and excerpts ofthe California statute, see Appendices C and F,
respectively.
Local Bans
At least 17 counties, cities and villages in four states currently ban assault weapons to some degree.
Among the local bans are those in:
Chicago, Cicero and Cook County, Illinois (which each name and ban at least 59 types, models
and series of weapons);
Cleveland, Ohio (which bans most semi-automatic firearms that accept detachable large
capacity ammunition magazines); and
New York, New York (which bans semi-automatic rifles/shotguns if they have one or more
specified military features, and which separately regulates, but does not ban, assault pistols
under an ordinance applicable to all handguns).
For citations to these and other local assault weapon bans and regulations, see Appendix A.
IS D.C. Code 7-2551.01-03.
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VI. Why Push for State and Local Action?
There are many reasons to adopt state and local assault weapon bans. As discussed below, such bans can
close loopholes in the federal law, protect the public if the federal law expires, and build momentum for a
stronger federal ban. In addition, public support for assault weapon bans makes passage of effective state
and local laws a realistic option.
The federal assault weapon ban may expire, resulting in an increase in crime. If Congress and the
President do not act before September 13, 2004, the federal assault weapon ban will expire. In the year
before the 1994 federal ban went into effect, over 200,000 assault weapons were manufactured.
16
A similar
flood of assault weapons is sure to resume if the federal ban expires.
Despite its shortcomings, the federal ban has been effective at reducing crime. There are approximately
2 million assault weapons (as defined under federal law) in circulation in the United States. I? Although this
figure represents only about 1% of the 200 million firearms estimated to be in civilian hands, assault
weapons constituted between 8% and 6.8% of all firearm traces - often referred to as crime gun tracing -
requested by law enforcement in 1993.
18
Since the federal assault weapon ban went into effect, the
percentage of crime gun traces involving assault weapons has dropped dramatically; between 1993 and
2001, the drop was 79% for assault weapons named in the federal ban, and 58% when both named assault
weapons and copies or duplicates of those weapons were counted.
19
In light of the sharp reduction in crime gun traces involving federally-defined assault weapons, it seems
clear that the federal ban has sharply reduced the use of these once popular crime guns. State and local
goverrunents that pass their own bans establish a level of protection for their citizens regardless of what
happens federally.
State and local bans can close loopholes. Even if the federal ban is renewed, more can and must be done.
Studies show that:
Twenty percent of the 211 law enforcement officers killed in the line of duty from 1998 to 2001 were
killed with an assault weapon?O Loopholes in the federal ban leave many assault weapons unregulated,
creating a threat to the lives of law enforcement officers. State and local bans can help address this
serious issue.
16 Jeffrey A. Roth & Christopher S. Koper, The Urban Institute, Impact Evaluation of the Public Safety and
Recreational Firearms Use Protection Act of 1994,3,48, Mar. 13, 1997.
17 U.S. Department of Justice, Bureau of Justice Statistics, Guns Used in Crime, 6, July 1995.
II Id.; Roth & Koper, supra note 16, at 60-63. "Gun tracing" refers to the tracking of firearms to their original point of
sale to assist law enforcement in identifying suspects, providing evidence for prosecution, establishing stolen status
and proving ownership.
19 Brady Center to Prevent Gun Violence, On Target: The Impact of the /994 Federal Assault Weapons Act, Mar.
2004. By averaging tracing data for the pre-ban period (1990-1994) and the post-ban period (1995 and after), the
Brady report cites more conservative figures of 66% and 45%, respectively. See also Letter from William E.
Moschella, Assistant U.S. Attorney General, to Dianne Feinstein, U.S. Senator (Sept. 15,2003) (on file with LCA V).
20 Violence Policy Center, supra note 4.
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In an analysis of firearm homicides in Milwaukee County, Wisconsin between 1992 and 1995,5.4% of
the 149 guns used in 418 gun murders were assault weapons, even though assault weapons only made
up about I % of the firearms in circulation nationwide.
21
Researchers evaluating the 1994 Maryland assault pistol ban found that during the first six months of
1995, the Baltimore City Police Department recovered 55% fewer assault weapons than would have
been expected ifno ban had been in place.
22
Prior to the passage of the 1989 California assault weapon ban, young adults in California with a
criminal history (but whose crimes did not make them prohibited purchasers under federal or state law)
were twice as likely to purchase an assault-type handgun as those without such a history. Such young
adults were also 1.5 times more likely than other handgun purchasers to be charged with subsequent
offenses in the three years following the purchase. Purchasers of assault-type handguns who had a
history of violent crime were 2.3 times more likely to have subsequent criminal offenses and 3.0 times
as likely to have subsequent firearm or violent offenses.
23
Assault weapon bans have strong public support. The public, including a majority of gun owners,
overwhelmingly supports banning assault weapons. Recent polls show that:
77 percent of likely 2004 presidential election voters support renewal of the federal assault weapon
ban, while only 21% oppose renewal.
24
66 percent of gun owners who are likely 2004 presidential election voters support renewal of the
federal assault weapon ban, while only 30% oppose renewal.
2S
6S percent of Americans favor strengthening the federal assault weapon ban, including 51 % of gun
owners.26
67 percent of Field & Stream readers do not consider assault weapons to be legitimate sporting guns.
27
State and local action can be a catalyst for national reform. State and local action can have a powerful
influence on federal policy. Assault weapon bans adopted at the state and local level can be more rigorous
than the federal regulations, serving as models for what federal law should be. In adopting regulations that
are stronger than the federal ban, state and local governments build momentum for national reform and
demonstrate, even more clearly than polling data, that there is a real base of support for effective regulation
of these weapons.
21 Roth & Koper, supra note 16 at 96.
22 Douglas S. Wei! & Rebecca C. Knox, The Maryland Ban on the Sale oj Assault Pistols and High-Capacity
Magazines: Estimating the Impact in Baltimore, 82 Am. J. Pub. Health 297, Feb. 1997.
23 Garen J. Wintemute et aI., Criminal Activity and Assault-Type Handguns: A Study oj Young Adults. 32 Annals of
Emergency Med. 44. July 1998.
24 Americans for Gun Safety, Taking Back the Second Amendment: A Seven-Step Blueprint jar Democrats to Promote
Responsibility and Win the Gun Vote, 7, Oct. 2003 (citing a national poll of 802 likely 2004 presidential election
voters conducted by Penn Schoen & Berland from October 1-6,2003, with a +1-3.46% margin of error).
251d.
26 Consumer Federation of America, Consumers Strongly Support Renewing and Strengthening the Federal Assault
Weapons Ban, Feb. 2004 (citing a national survey of more than 1,000 adult Americans conducted by Opinion
Research Corporation International from February 18-22, 2004, with a +1-3% margin of error).
27 Field & Stream, The 2001 National Hunting Survey, July 2003 (citing an informal survey of2.897 readers).
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VII. The Legal Background
There are a number of judicial opinions analyzing the legality of assault weapon bans now in effect at the
federal, state and local levels. The legal challenges against these bans have included alleged violations of
the Second Amendment or a state right to bear arms, preemption by federal or state law, and denial of due
process or equal protection.
With minor exceptions, none of these challenges has been successful. No federal or
state assault weapon ban has ever been overturned by the courts, and only one local
jurisdiction (Columbus, Ohio) has had its ban struck down on substantive
grounds.
28
These legal issues are summarized below, along with a list ofless common (and
thus far, unsuccessful) challenges.
The Second Amendment and State Right to Bear Arms Provisions
The Second Amendment
No federal or
state assault
weapon ban
has ever been
overturned by
the courts.
The Second Amendment to the U.S. Constitution states, "A well regulated Militia, being necessary to the
security ofa free State, the right of the people to keep and bear Arms, shall not be infringed."
The U.S. Supreme Court addressed the scope of the Second Amendment in United States v. Miller,
307 U.S. 174 (1939). In that case, the Court rejected a Second Amendment challenge brought by two
individuals charged with violating a federal law prohibiting the interstate transportation of sawed-off
shotguns. The Court held that the "obvious purpose" of the Amendment is to "assure the continuation and
render possible the effectiveness" of the state militia, and the Amendment "must be
interpreted and applied with that end in view." ld. at 178.
Since Miller, the scope of the Second Amendment has been addressed in nearly
200 federal and state appellate cases. These decisions uniformly reject Second
Amendment challenges to firearms laws. The U.S. Supreme Court has had
numerous opportunities to review these lower court decisions and has consistently
refused to do so.
The Second
Amendment is
not a barrier to
federal, state or
local assault
weapon bans.
The federal assault weapon ban has never been challenged on Second Amendment grounds. Every Second
Amendment challenge to state and local assault weapon bans has been rejected.
29
In fact, following decisions
28 For discussion of the Columbus, Ohio ordinance, see infra p. 13. In three other instances, one involving a state ban
and two involving local bans, courts have invalidated specific provisions while upholding the core of the assault
weapon ban. See Silveira v. Lockyer, 312 F.3d 1052, 1087-92 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (2003),
invalidating one of the exceptions in the 1999 amendment to California's law; Robertson v. City & County of Denver,
874 P.2d 325, 334-35 (Colo. 1994), appeal after remand, 978 P.2d 156 (Colo. Ct. App. 1999), striking down several
minor parts of the definition of assault weapons in a Denver, Colorado ordinance; Citizens for a Safer Community v.
City of Rochester, 627 N,Y.S.2d 193,2035 (N.Y. Gen. Term 1994), invalidating a portion of the definition of assault
weapons in a Rochester, New York ordinance.
29 See Silveira, 312 F.3d at 108792; Peoples Rights Organization v. City o/Columbus, 152 F.3d 522, 531-32 (6th Cir.
1998); Citizensfor a Safer Community, 627 N.Y.S.2d at 2035.
LegBl Community Against Violence 9
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by the U.S. Supreme Court, lower courts considering challenges to state and local gun laws have held that the
Second Amendment constrains only the federal government, and not actions by state or local governments.
30
State Right to Bear Arms Provisions
No court has
struck down
a state or local
ban on assault
weapons for
violating a
state right to
bear arms.
No court has ever struck down a state or local ban on assault weapons based on a
state right to bear arms provision.
3
) The constitutions of most states recognize a
right to bear arms. Unlike the Second Amendment, many of these state provisions
specifically recognize an individual right to bear arms or have been interpreted by
the courts to protect an individual right. However, every state court that has
considered a state right to bear arms challenge to a firearms law has determined that
the right at issue is not absolute.
32
Courts have considered and rejected state right to bear arms challenges to state and
local assault weapon bans in Colorado, Connecticut, Illinois, Ohio and Oregon.
33
In
each challenge, the courts used a reasonableness test in determining that the law at issue did not violate the
state right to bear arms. For example, the Ohio Supreme Court upheld a Cleveland assault weapon ban as a
reasonable regulation designed to promote the welfare and safety of its residents.
34
Nearly every state with a right to bear arms clause in its constitution, or a similar statutory provision, uses a
reasonableness test to determine
States with no right to bear arms
California Iowa Maryland
Minnesota New Jersey
The District of Columbia also has no right to bear arms provision
States with a right to bear arms only for militia service
Rhode Island Kansas
Massachusetts New Yorl<
whether a state or local law
violates this right?'
See LCA V's web site,
www.1cav.org, for state-by-state
information on right to bear arms
provisions and related case law.
30 Prior to Miller, the Supreme Court held that the Second Amendment is a limitation upon the power of Congress and
not upon that of the states. See Miller v. Texas, 153 U.S. 535, 538 (1894); Presser v.lIlinois, 116 U.S. 252, 265
(1886); United States v. Cruikshank, 92 U.S. 542, 553 (1875). Federal appellate courts continue to reiterate this
position. See Love v. Pepersack, 47 F.3d 120, 123-24 (4th Cir. 1995), cert. denied, 516 U.S. 813 (1995); Fresno Rifle
& Pistol CII/b, Inc. v. Van De Kamp, 965 F.2d 723, 729-31 (9th Cir. 1992); Quilici v. Village 0/ Morton Grove, 695
F.2d 261, 270-71 (7th Cir. 1982), cert. denied, 464 U.S. 863 (1983).
31 In Ortiz v. Commonwealth, 681 A.2d 152, 156 (Pa. 1996), the Pennsylvania Supreme Court found that assault
weapon bans in Philadelphia County and the City of Pittsburgh were preempted by 18 Pa. Cons. Stat. 6120.
Although the court referenced the state's right to bear arms provision (Pa. Const. Art. 1, 21), the reference was only
for the purpose of upholding the preemption statute.
32 Sayre Weaver, State Right to Bear Arms Provisions: What They Tell Us About Legal Challenges to Gun
Regulations Based on an Individual Right to Bear Arms (/0 2003 by Sayre Weaver) (on file with the author).
J3 See Robertson v. City and County o/Denver. 874 P.2d 325, 334-35 (Colo. Ct. App. 1994); Benjamin v. Bailey, 662
A.2d 1226, 1230-35 (Conn. 1995); City a/Chicago v. Taylor, 774 N.E.2d 22, 28-29 (III. App. Ct. 2002); Arnold v.
City a/Cleveland, 616 N.E.2d 163, 166-73 (Ohio 1993); Oregon Slate Shooting Ass'n v. MI/ltnomah County, 858 P.2d
1315, 1318-22 (Or. Ct. App. 1993). Although the Colorado and Oregon Legislatures subsequently adopted broad
preemption statutes that prohibited many local firearms regulations, including bans on assault weapons, these statutes
did not alter the scope of the states' right to bear arms clauses.
34 See Arnold, 616 N.E.2d at 171-73.
35 Weaver, supra note 32. Note that Alaska and New Hampshire state courts apply a higher standard than the
reasonableness test to firearms laws challenged under the right to bear arms clauses in their state constitutions. [d.
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Preemption
"Preemption" occurs when a higher level of government removes the regulatory power of a lower level of
government. State and local laws are sometimes challenged on the ground that the federal government has
preempted state (and thus local) regulation ofthe subject matter. Similarly, local laws are sometimes
challenged on the ground that the state has preempted local regulation of the subject matter.
In the context of banning assault weapons, it is important to note:
Federal law does not preempt state and local bans on assault weapons.
States differ considerably in how and to what extent they preempt local assault weapon bans.
Preemption is a complex legal doctrine. Federal and state preemption must be considered separately and
are discussed separately below.
Federal Preemption
Under the Supremacy Clause in Article VI of the U.S. Constitution, a federal law is binding on all state and
local governments so long as Congress duly enacted the law pursuant to one of its limited powers. In some
cases, federal law removes state authority (and thus local authority) to regulate a specific subject matter.
This process is called "federal preemption."
Often, Congress will make its intention to preempt an area of state law clear by
expressly stating its intent in the language of a statute. Absent such a statement,
courts presume that there is no federal preemption unless they can be "absolutely
certain" that Congress intended to preempt the field of regulation.
36
If a court is
"absolutely certain" that there is a pervasive scheme offederallegislation that
leaves no room for state regulation of the particular subject, or an irreconcilable
conflict exists between the federal regulation and the challenged law, the court wiJI
find that the federal law preempts the state law.
37
Federal law
does not
preempt state
and local bans
on assault
weapons.
Congress has made no express statement of its intent to take over the broad field of firearms regulation.
Courts have held that congressional of firearms does not create a scheme so pervasive that it
leaves no room for state and local law. 8 Thus, absent a specific, irreconcilable conflict between a
challenged state or local firearms law and a federal enactment, there is no federal preemption of that state
or local law.
State Preemption
"State preemption" refers to a state's removal of a local government's power to regulate a specific subject
matter. The existence and degree of state preemption of local firearms regulation varies widely.
As with federal preemption, states preempt local laws by adopting constitutional provisions or statutes that
expressly remove the authority of local governments to regulate in certain areas. In the absence of such an
express declaration, some state courts will determine whether the legislature has implied an intent to
preempt. In general, courts will find that a local law is preempted if it conflicts directly with state law by
36 Gregory v. Ashcroft. 501 U.S. 452,464 (1991).
37 See Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947). See also Richmond Boro Gun Club, Inc. v. City of
New York, 896 F. Supp. 276, 285-86 (E.D.N.Y. 1995), aff'd, 97 F.3d 681 (2d Cir. 1996).
38 See Richmond, 896 F. Supp. at 285.
Legal Community Against Violence II
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States differ
considerably in
how and to what
extent they
preempt local
bans on assault
weapons.
requiring what the state law prohibits, or prohibiting what state law requires. In
addition, when a comprehensive scheme of state regulation exists on a particular
subject matter, many state courts find that the state legislature thereby indicated
an implied intent to assert exclusive authority over that subject matter.
LCA V encourages public officials and activists interested in pursuing local bans
on assault weapons to contact us for assistance in understanding the preemption
law in their state. See also LCA V's web site, www.lcav.org. for state-by-state
information on state preemption of local law.
In this report, solely as general background, we have divided the states into three basic categories as a starting
point for considering what legislative options might be available to local communities across the country.
1. States with no provision or statute expressly preempting local regulation of firearms
Connecticut, Hawaii, Illinois, Kansas, Massachusetts, New Jersey, and New York
In these seven states, local governments have broad authority to regulate firearms.
LCA V has identified local assault weapon laws in four of these states. None of these ordinances has
been invalidated because of preemption.
In two of these states - Illinois and New York - state courts have reviewed and upheld local ordinances
banning assault weapons.
Five of these states - Connecticut, Hawaii, Massachusetts, New Jersey, and New York - have enacted
statutes banning assault weapons. In adopting its statute, the New York Legislature provided that
nothing in the state law is intended to prohibit local governments from enacting or maintaining stricter
local assault weapon laws. In the other four states, the local assault weapon laws have not been
challenged on preemption grounds.
Unlike states, the District of Columbia receives its legislative authority from Congress, which has given the
District broad regulatory power over all aspects of firearms. As noted previously, the District of Columbia
bans the possession, sale and manufacture of handguns and machine guns under provisions which
encompass assault pistols and certain other assault weapons, and separately imposes strict tort liability on
manufacturers, importers and dealers of assault weapons discharged in the District.
2. States with provisions expressly preempting local regulation of one or more aspects of firearms
but otherwise permitting broad regulation of firearms at the local level
Alaska, California, Nebraska. and Ohio
In these four states, local governments retain authority to regulate firearms, but the state legislature has
expressly removed this authority in certain areas.
None of these states has expressly preempted local assault weapon bans, but a local ban would require
careful drafting to ensure that it did not conflict with existing preemption provisions.
In Ohio, local bans are in effect in several communities. None of these ordinances has been challenged
on preemption grounds.
California has enacted a strong and comprehensive statute banning assault weapons. California courts
have not evaluated whether the existence of the state law implies an intent to preempt local regulation
of assault weapons.
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3. States that have enacted broad preemption statutes
In the remaining 39 states, local governments possess limited authority to regulate firearms. The
preemption statutes in these states vary, but each one expressly preempts all, or substantially all, aspects of
local firearms regulation. In many of these states there are statutory exceptions, although none of the
exceptions expressly allows a local ban on assault weapons. In some states, local bans on assault weapons,
adopted prior to the enactment of a preemption statute, are grandfathered under the terms of the statute and
continue in effect. Even iflocal bans on assault weapons are preempted, LCA V is available to assist public
officials and activists in evaluating other potential local strategies to prevent gun violence.
Due Process and Equal Protection
Due Process under the Fifth and Fourteenth Amendments
The Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution provide that no
person shall be deprived of "life, liberty, or property, without due process oflaw .... " A law failing to give
a person of ordinary intelligence a reasonable opportunity to know what is prohibited, or that fails to
provide explicit standards for those who apply the law, violates due process under the federal constitution.
As the U.S. Supreme Court explained in Grayned v. City o/Rockford, 408 U.S. 104, 108 (1972), "[i]t is a
basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly
defined." Note, however, that clearly written laws also can violate due process when they are overbroad,
impinging on constitutionally protected conduct. ld. at 114-15.
Most courts have rejected due process challenges to assault weapon bans under the U.S. Constitution and
analogous state constitutional provisions.
39
However, in 1994, the Sixth Circuit Court of Appeals (which
covers Kentucky, Michigan, Ohio and Tennessee) overturned a Columbus, Ohio assault weapon ordinance
on the ground that its attempt to ban 46 makes and models of assault weapons was unconstitutionally vague
under the Due Process Clause of the Fourteenth Amendment.
4o
The court observed that the vagueness
problems were "not difficult to remedy," noting approaches that "provide a general definition of the type of
weapon banned," rather than naming makes and models.
41
In response to the 1994 decision, Columbus drafted a new ordinance using a general definition of assault
weapons similar to other Ohio local bans that had been upheld by the Ohio state COurts.
42
This ordinance also
was overturned by the Sixth Circuit on the ground that it was unconstitutionally vague.
43
No other court has
followed the Sixth Circuit's reasoning, and a subsequent Sixth Circuit decision upholding the federal assault
weapon ban's list of prohibited weapons against a similar challenge may have undermined the 1994 ruling.
44
39 See Kasler v. Lockyer,2 P.3d 581,597-600 (Cal. 2000); Benjamin v. Bailey, 662 A.2d 1226, 1240-42 (Conn. 1995);
Coalition 0/ N.J. Sportsmen v. Whitman, 44 F. Supp. 2d 666, 675-84 (D. N.J. 1999), aff'd263 F.3d 157 (3d Cir. 2001).
40 Springfield Armory v. City o/Columbus, 29 F.3d 250, 252-53 (6th Cir. 1994). In particular, the court objected to
"similar assault weapons of the same type, function or capability" not being banned, and to terms such as "[firearms)
with the same action design" and "slight modifications or enhancements" not being defined in the ordinance. The
court also noted the lack of a statement of purpose explaining the City'S reasoning behind the provisions.
41 Id. at 253.
42 See Arnoldv. City o/Cleveland, 616 N.E.2d 163 (Ohio 1993); City o/Cincinnati v. Langan, 640 N.E.2d 163 (Ohio
Ct. App. 1994).
43 Peoples Rights Organization v. City o/Columbus, 152 F.3d 522,535-39 (6th Cir. 1998). The court determined that
the following phrases were unconstitutionally vague: "[any semiautomatic action, center fire rifle or carbine) that accepts
a detachable magazine with a capacity of20 rounds or more," "may be restored," and "may be readily assembled."
44 Olympic Arms v. Buckles, 301 F.3d 384 (6th Cir. 2002). See also Coalition 0/ N.J. Sportsmen, 44 F. Supp. 2d at
675-84, which rejected the Sixth Circuit's approach.
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Equal Protection under the Fifth and Fourteenth Amendments
The Fourteenth Amendment provides that no state shal1 "deny to any person within its jurisdiction, the
equal protection of the laws." The federal government is similarly limited by the Fifth Amendment.
However, when a law makes a classification neither "involving fundamental rights nor proceeding along
suspect lines," the law will withstand constitutional scrutiny so long as it bears a rational relationship to a
legitimate governmental interest.
4s
As with due process claims, most courts have rejected equal protection chal1enges to assault weapon bans
under the U.S. Constitution and analogous state constitutional provisions.
46
When equal protection
challenges have been upheld, they have addressed only certain provisions, not the entire law. For example,
in Silveira v. Lockyer, the Ninth Circuit struck down an exception to the California assault weapon ban for
retired peace officers, noting that retired officers had no reasonable need for such weapons. 47 The effect of
this decision, which upheld the rest of the law, was actually to broaden the scope of California's assault
weapon ban.
In Peoples Rights Organization v. City of Columbus, the Sixth Circuit struck down a grandfather clause for
certain pre-ban assault weapons, and part of another grandfather clause for certain pre-ban large capacity
magazines, finding no rational basis to justify the provisions' different treatment of individuals who
registered firearms under a former ordinance and persons who did not do SO.41 (As noted above, the court
overturned the remainder of the ordinance on vagueness grounds.)
Finally, in Citizens for a Safer Community v. City of Rochester, the New York Court
of Appeals upheld the ordinance's ban of assault weapons based on a definition of
generic features but struck down the listing of specific assault weapon models because
identical firearms made by different manufacturers would be treated differently.49
LCA V believes that in most instances, successfu1 due process and equal protection
challenges can be avoided through careful drafting.
Other Legal Challenges To Assault Weapon Bans
In most instances,
careful drafting
can avoid
successful
challenges for
denial of due
process and
equal protection.
Other challenges to assault weapon bans include those based on the First Amendment'S freedom of
speech and assembly provisions, the Fifth Amendment's Takings Clause (private property shall not be
taken for public use without just compensation), the right to privacy, the separation of powers, and the
prohibition against bills of attainder (laws that legislatively determine guilt and inflict punishment upon an
identifiable individual without judicial trial). None of these challenges has been successful.
For additional information on common legal chal1enges to laws banning assault weapons, see Appendix D.
Also see Appendix C, which summarizes legal challenges to federal and state assault weapon bans.
45 Hellerv. Doe, 509 U.S. 312, 320 (1993), see also Schweiker v. Wilson, 450 U.S. 221,230 (1981). Classifications
along "suspect lines" can include a suspect class (e.g., race) or quasi-suspect class (e.g., gender), see. e.g., Lavia v.
Pennsylvania, 224 F.3d 190,200 (3d Cir. 2000).
46 See Olympic Arms v. BuclcJes, 301 F.3d 384 (6th Cir. 2002); Kasler v. Lockyer, 2 P.3d 581, 584-92 (Cal. 2000);
Benjamin v. Bailey, 662 A.2d 1226, 1235-39 (Conn. 1995); Coalition o!N.J Sportsmen, 44 F. Supp. 2d at 684-87.
47 Silveira v. Lockyer. 312 F.3d 1052, 1087-92 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (2003).
48 Peoples Rights Organization, 152 F.3d at 531-533.
49 Citizens!oraSa!erCommunityv. Cityo!Rochester, 627N.Y.S.2d 193, 203-5 (N.Y. Gen. Term 1994). Most
jurisdictions appear to have avoided this issue by including a provision that prohibits "copies or duplicates" of the
listed weapons.
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VIII. How LCA V Can Help
Assault weapons are a lethal threat to every community and should be banned from civilian use. Strong
local and state laws are needed to supplement the present federal law - and to replace it if it is not renewed
before its September 13,2004 sunset date. There is widespread public support for banning assault
weapons, and with careful drafting, such measures should withstand legal challenge.
Public officials and advocates need not wait for Congress to act. State and local governments can and
should take advantage oflegal options that will limit access to assault weapons in their communities.
For a model assault weapon ban that can serve as a starting point for state or local legislation, see
Appendix G.
LeA v is available to help public officials and advocates develop effective, legally defensible assault
weapon laws. We can review regulatory options, and assist with the research, analysis and drafting of such
laws. Please contact us at 415-433-2062, or via e-mail at stateandlocalbans@lcav.org.
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16
103 of 284
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Appendices
Appendix A
Assault Weapon Laws in the United States
Appendix B
Snapshot Comparison of Federal and State Assault Weapon Bans
Appendix C
Profiles of Federal and State Assault Weapon Bans and Litigation
Appendix D
Common Legal Challenges to Laws Banning Assault Weapons
AppendixE
Excerpts of the Federal Assault Weapon Ban
AppendixF
Excerpts of the California Assault Weapon Ban
Appendix G
LCAV Model Law to Ban Assault Weapons
Legal Community Against ViolenCl1 17
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"
105 of 284
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Appendix A
This Appendix is part of the report, Banning Assault Weapons - A Legal Primer for State and
Local Action, a publication of Legal Community Against Violence.
Copyright <C> 2004 by Legal Community Against Violence. All Rights Reserved.
106 of 284
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Below is a list of the major assault weapon bans and regulations at the federal and state levels, known local
ordinances banning assault weapons, and citations for each.
Federal Ban 18 U.S.C. 921 et seq.
Cal. Penal Code 12275 et seq.
Conn. Gen. Stat. 53-202a el seq.
Haw. Rev. Stat. 134 et seq.
State Bans
California
Connecticut
Hawaii
Maryland
Massachusetts
New Jersey
New York
Md. Public Safety Code 5-101 el seq. and Crim. Law 4-301 et seq.
Mass. Gen. Laws ch. 140, 121 el seq.
State Regulations'O
Minnesota
Virginia
N.J. Rev. Stat. 2C:39-1 et seq.
N.Y. Penal Law 265.00 et seq.
Minn. Stat. 624.712 el seq.
Va. Code 18.2-308.2 et seq.
District of Columbia D.C. Code 7-2551.01 et seq.
Local Bans (sorted by state)
Indiana
East Chicago
Gary
Illinois'
Aurora
Chicago
Cicero
Cook County
Niles
OakPark
9.28.080
135.03
29-49
8-20-030 and 8-24-025
62-256 et seq.
Ord.99-0-27
66-234 and 235
27-1-1 et seq.
Local Regulations (sorted by state)
Kansas
Wichita 5.88.015
Ohio
Cleveland
Cincinnati
Dayton
Dublin
Toledo
New York
Albany
Buffalo
New York City
Rochester
Massachusetts
Boston
628.01 et seq.
708-37
138.24 et seq.
137.08
549.23
193-15etseq.
180-1
10-301 et seq.
47-5
18-1.1(l6A)
'0 Minnesota prohibits the possession of "semi-automatic military style assault weapons" by persons under 18 years of
age, and imposes some restrictions on transfers through firearms dealers. Minn. Stat. 624.712 et seq.
Virginia limits the possession and transportation of certain semi-automatic "assault firearms" to citizens and
permanent residents. Va. Code 18.2-308.2 et seq. Virginia also imposes a general ban on the importation, sale,
possession and transfer ofthe "Striker 12" and semi-automatic folding stock shotguns of like kind, but does not refer
to them as "assault firearms." ld.
The District of Columbia imposes strict tort liability on manufacturers, importers and dealers arising from injury or
death due to the discharge of an assault weapon in the District. D.C. Code 7-2551.01 et seq. In addition, although
the District of Columbia does not have a specific ban for assault weapons, its handgun ban encompasses assault pistols
and its machine gun ban encompasses firearms that can discharge "[s]emiautomatically, more than 12 shots without
manual reloading." D.C. Code 72501.01(10)(8). See also D.C. Code 72502.01 et seq. (prohibiting possession
of handguns and machine guns), 7-2505.01 et seq. (prohibiting sale), and 7-2504.01 (prohibiting manufacture).
,. More than a dozen Illinois communities also ban the sale and/or possession of handguns.
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Appendix B
Snapshot Comparison of Federal and State Assault Weapon Bans
21
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Snapshot Comparison of Federal and State Assault Weapon Bans*
List of banned
Treatment of
assault weapon
Generic A W features Other weapons post-ban
(AW) types, models.
and series
weapons
Firearms wi any 2
Possession,
19 AWtypes, features and can accept
transfer and
Federal models and series a detachable magazine None
manufacture of
are named (latter does not apply
A Ws prohibited
to shotguns)
Rifles and pistols:
CA Attorney
any 1 feature and can
75 AWtypes, accept a detachable
General may Possession,
California models and series magazine. Shotguns: 2
petition court to transfer and
add to the list of manufacture of
are named features, or can accept
prohibited A Ws prohibited
a detachable magazine
weapons
or revolving cylinder
67 AW types,
Possession,
Connecticut models and series Uses federal definition
Conversion kits transfer and
are named
prohibited manufacture of
A Ws prohibited
Possession,
Uses federal transfer and
Hawaii None definition- None manufacture of
pistols only assault pistols
prohibited
66 AW types,
17 "assault pistol" models and series
Possession and
Maryland types, models None are named
transfer of
and series are and regulated but
assault pisto Is
named not banned
prohibited
"Large Capacity
19 AWtypes,
Weapons" are
Possession and
Massachusetts models and series Uses federal defmition
regulated but
transfer of A Ws
are named
not banned"
prohibited
Fixed magazine rifles:
Knowing
63 AW types, > 15 rounds. Shotguns:
possession, as
New Jersey models and series any I feature. Pistols:
Conversion kits well as transfer
are named no generic feature
prohibited and manu-
definition
facture, of A Ws
prohibited
19 AW types,
Possession,
New York models and series Uses federal definition None
transfer and
are named
manufacture of
A Ws prohibited
Almost all firearms referenced are semi-automatic (exceptions include revolving cylinder shotguns) .
Challenged in the courts and upheld .
Treatment of
pre-ban weapons
Grandfathered:
AWslawfully
possessed on ban's
effective date.
No registration
Grandfathered:
A Ws possessed
prior to ban's
effective date and
registered within
limited time
Grandfathered:
namedAWs
possessed prior to
ban's effective
date and registered
within limited time
Grandfathered:
assault pistols
possessed and
registered
prior to ban's
effective date
Grandfathered:
assault pistols
possessed prior to
ban's effective
date and registered
within limited time
Grandfathered:
A Ws possessed
prior to ban's
effective date.
No registration
Grandfathered:
some AWs
purchased prior to
ban's effective
date and registered
within limited time
Grandfathered:
AWsmanu-
factured prior to
federal ban's
effective date.
No registration
... Firearms that have a fixed, or can accept a detachable. large capacity feeding device, and certain rotating cylinder firearms are
regulated but 1101 banned.
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Is the transfer of
Is the possession Large Capacity
Penalties for
grandfathered
of grandfathered Magazines (LCM) - Magazine
Other restrictions manufacture!
weapons allowed?
weapons possession & grandfather;ng?
possession/transfer allowed? transfer
Transfer and
Up to 5 years
Allowed Allowed Prohibited possession allowed None imprisonment
for magazines
(and a fine)
Generally
Possession
CA DOJ has right Limits on places Possession allowed, allowed, no
Up to 8 years
prohibited within
to possess transfer prohibited transfer after ban's
to inspect the
imprisonment
the state
effective date
storage of A Ws
Generally
prohibited within Limits on places
Allowed N/A
Must report theft Up to 10 years
the state (named to possess
within 72 hours imprisonment
weapons only)
Generally
Up to 5 years
,
prohibited within Allowed Prohibited No None
imprisonment
the sIBte
Up to 3 years
Generally
Allowed
Possession allowed,
Possession allowed None
imprisonment (and
prohibited
transfer prohibited
a maximum fine
of $5 ,000)
Transfer and
Allowed, but an
possession allowed
Up to 15 years
Allowed
owners' permit!
Prohibited
for magazines
None
imprisonment (and
license is
possessed
a maximum fine
required
as of ban's
of$15,000)
effective date
Possession allowed
Civil liability for Allowed, but wI a registered A W
owner unless
License required an owners' if the LCM is used
No weapon is stolen
Up to 4 years
for sale license is in competitive
and reported w/in
imprisonment
required shooting. Transfer
24 hours
prohibited
Transfer and
Up to 7 years
Allowed Allowed Prohibited possession allowed None
for magazines
imprisonment
23
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I
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Appendix C
Local Action. a publication of Legal Community Against Violence.
Legal Community Against l o ~ n c e 25
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The following profiles provide a brief overview of current assault weapon bans, focusing on the major
provisions of each law and the holdings of relevant legal challenges. Some exceptions and minor
provisions are not covered in these profiles (for example, exclusion of22 caliber tube ammunition feeding
devices from bans on large capacity ammunition feeding devices).
Exceptions to assault weapon bans which are generally not summarized in the profiles include those for:
Antique firearms (those made before 1899);
Law enforcement and military personnel;
Licensed firearms dealers, manufacturers and importers;
Olympic target shooting pistols; and
Permanently inoperable firearms.
A more detailed review of these bans is available on LCAV's web site (www.lcav.org), or you can contact
us at 415-433-2062, or via e-mail at stateandlocalbans@lcav.org.
Federal Assault Weapon Ban
Public Safety and Recreational Firearms Use Protection Act, Title XI, Subtitle A of the
Violent Crime Control and Law Enforcement Act of 1994. 18 U.S.C. 921 et seq.
Effective Date: September 13, 1994
What is Banned: Manufacturing, transferring and possessing semi-automatic assault weapons and
transferring and possessing large capacity ammunition feeding devices. 18 U.S.C. 922(v){l) and
(w)(I).
Definition of "Assault Weapon:"
Nineteen named types, models and series and copies or duplicates of those firearms in any caliber.
Semi-automatic pistols and rifles that have the ability to accept a detachable magazine and possess
at least two specified military features, and semi-automatic shotguns that possess at least two
specified military features. 18 U.S.C. 921 (a)(30).
Definition of "Large Capacity Ammunition Feeding Device:" A magazine, belt, drum, feed strip, or
similar device that has a capacity of, or that can be readily restored or converted to accept, more than 1 0
rounds of ammunition. 18 U.S.C. 921(a)(31).
Key Exceptions:
26
Grandfather Clause - The law does not apply to the transfer and possession of assault weapons and
large capacity ammunition feeding devices that were otherwise lawfully possessed on September
13, 1994, or to large capacity ammunition feeding devices manufactured on or before September
13, 1994. 18 U.S.C. 921 (a)(31), 922(v)( I) and 922(w)( 1).
Certain named firearms (as they were designed on October 1, 1993), as well as their replicas or
duplicates, are excluded from the definition of assault weapon. 18 U .S.C. 922, App. A.
Absent a serial number, a large capacity ammunition feeding device is presumed to be a pre-ban
device with respect to possession. 18 U.S.C. 922(w)(4).
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Penalties: Any person who knowingly and illegally manufactures, transfers, or possesses a semi-automatic
assault weapon, or who knowingly and illegally transfers or possesses a large capacity ammunition
feeding device, is subject to a fine, imprisonment for up to five years, or both. The potential penalties
increase if the violation is intentional, or when an assault weapon is used or carried in certain other
crimes. 18 U.S.C. 924(a)(1 )(8), (b) and (c).
Sunset Provision: Unless renewed by Congress, the federal assault weapon ban will expire on September
13,2004.
Legal Challenges: The federal assault weapon ban has withstood all legal challenges.
In OlYmpic Arms v. Buckles, 301 F.3d 384 (6th Cir. 2002), the Sixth Circuit Court of Appeals rejected
equal protection challenges to the federal ban raised by gun manufacturers, retailers, and individual gun
owners under the Due Process Clause of the U.S. Constitution's Fifth Amendment. The court found that
both the list of prohibited weapons, and the list of generic military features, were rational classifications
within Congress'legislative authority. A challenge under the Commerce Clause (which limits the scope of
Congress' power to enact legislation) was rejected by the district court, and was not appealed (see Olympic
Armsv. Magaw, 91 F. Supp. 2d 1061 (E.D. Mich. 2000.
In Navegar. Inc. v. United States. 192 F.3d 1050 <D.C. Cir. 1999), cert. denied, 531 U.S. 816 (2000),
the United States Court of Appeals for the District of Columbia rejected constitutional challenges to the
federal ban raised by gun manufacturers under the Commerce Clause and the 8i11 of Attainder Clause
(which prohibits laws specifically singling out individuals or businesses and imposing punishment on
them without trial).
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California Assault Weapon Ban
The Roberti-Roos Assault Weapons Control Act of 1989 (A WCA). Cal. Penal Code 12275 et seq.
Effective Date: The original Act generally became effective January I, 1990.
52
The 1999 amendments to
the AWCA became effective January 1,2000. Cal. Penal Code 12276.1(e), 12281(c), (f), 12285(g).
Wbat is Banned:
Manufacturing, causing to be manufactured, distributing, transporting, importing into the state,
keeping for sale, offering or exposing for sale, giving, lending and possessing any assault weapon
within the state. Cal. Penal Code 12280(a)(I), (b), (j).
Manufacturing, importing into the state, keeping for sale, offering or exposing for sale, giving, and
lending large-capacity magazines. California does not prohibit the possession of large-capacity
magazines. Cal. Penal Code 12020(a)(2).
Definition of "AssauIt Weapon:"
Seventy-five named types, models and series of firearms. California defines "series" to include "all
other models that are only variations, with minor differences, of those models listed ... regardless of
the manufacturer." Cal. Penal Code 12276(e).
Semi-automatic pistols and semi-automatic centerfire rifles that have the capacity to accept a
detachable magazine, and possess any specified military feature. Cal. Penal Code 12276.1.
Semi-automatic shotguns that have the ability to accept a detachable magazine, or that have two
specified military features, or any shotgun with a revolving cylinder. Id.
In addition, the state Attorney General may petition a superior court in a county with a population
greater than one million people to add models to the list of prohibited assault weapons. Cal. Penal
Code 12276.5.
Definition of "Large Capacity Ammunition Feeding Device:" California uses the term "large-capacity
magazine," which means any ammunition feeding device with the capacity to accept more than 10
rounds. Cal. Penal Code 12020(c)(2S).
Key Exceptions: Grandfather Clause - Any person who lawfully possessed an assault weapon before the
relevant effective dates of the A WCA, its 1999 amendment, or the addition of the weapon to the list of
banned assault weapons, as appropriate, could retain possession ifthe weapon was registered with the
state within a limited time. Otherwise, all other assault weapons had to be sold to a licensed firearms
dealer, removed from the state, or, in some cases, rendered permanently inoperable. In-state transfers
of registered assault weapons can only be made to licensed gun dealers or local law enforcement.
Cal. Penal Code 12276.1, 12276.5, 12280(b), (j) and 12285.
Other Regulations:
Persons who receive a registered assault weapon by bequest or intestate succession are required to
render the weapon inoperable, sell it to a licensed gun dealer, remove it from the state, or obtain a
permit within ninety days ofacquisition. Cal. Penal Code 12285(b).
52 Due to a prolonged legal challenge, which was ultimately unsuccessful, the effective date of provisions relating to
AK and AR-IS "series" assault weapons was delayed until August 16,2000.
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Unless a penn it is obtained allowing for additional uses of a registered assault weapon, such a
weapon may only be possessed in a limited number of places. Cal. Penal Code 12285(c).
The California Department of Justice must conduct an annual security and safe storage inspection
of every person, firm or corporation holding a permit to own or possess an assault weapon,
including a reconciliation of the inventory of assault weapons. Permit holders maintaining an
inventory of less than five assault weapons are generally subject to inspections only once every five
years. Cal. Penal Code 12289.5.
Penalties:
Any person who illegally manufactures or causes to be manufactured, distributes, transports,
imports, sells, gives or lends an assault weapon is subject to imprisonment in the state prison for
four, six, or eight years. When the assault weapon is transferred to a minor, an additional year is
added to the sentence. Cal. Penal Code 12280(a).
Any person who illegally possesses an assault weapon is subject to imprisonment not exceeding
one year. Cal. Penal Code 12280(b).
Any person who illegally manufactures or causes to be manufactured, imports into the state, keeps
for sale, or offers or exposes for sale, or who gives or lends a large-capacity magazine can be
sentenced to up to one year in county jail or state prison. Cal. Penal Code 12020(aX2).
Sunset Provision: None.
Legal Challenges: With the exception of one minor provision (noted in Silveira v. Lockyer, below), the
California assault weapon ban has withstood all legal challenges.
In Silveira v. Lockyer. 312 F.3d 1052 (9th Cir. 2002). cert. denied. 124 S. Ct. 803 (Dec. 1.2003), the Ninth
Circuit Court of Appeals rejected challenges to the 1999 amendments to the A WCA based on the U.S.
Constitution's First Amendment freedom of association, the Second Amendment, the Fifth Amendment
Takings Clause (private property shall not be taken for public use without just compensation), and
plaintiffs' informational privacy rights. In addition, while the court found that the A WCA's exception
regarding off-duty police officers did not offend the Fourteenth Amendment's Equal Protection Clause, it
found no rational basis for excluding retired law enforcement officers from the ban, striking down that
provision (which actually had the effect of strengthening the ban).
In Kasler v. Lockyer. 2 P.3d 581 (Cal. 2000), the California Supreme Court rejected a taxpayers' suit
against the original A WCA, holding that the ban did not violate the equal protection doctrines of the U.S.
Constitution's Fourteenth Amendment or the California Constitution, the separation of powers doctrine
(which bars legislative bodies from improperly delegating their authority), or the due process clauses under
the U.S. and California Constitutions.
In Fresno Rifle and Pistol Club. Inc. v. Van De Kamp. 965 F.2d 723 (9th Cir. 1992). the Ninth Circuit
Court of Appeals rejected challenges to the A WCA under several provisions of the U.S. Constitution,
including the Bill of Attainder Clause (which prohibits laws specifically singling out individuals or
businesses and imposing punishment on them without trial), the Supremacy Clause. and the Second
Amendment. A right to privacy challenge was rejected by the district court, and was not appealed (see
Fresno Rifle and Pistol Club, Inc. v. Van De Kamp, 746 F. Supp. 1415 (E.D. Cal. 1990).
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Connecticut Assault Weapon Ban
Conn. Gen. Stat. 53-202a through 53-202k
Effective Date: October 1, 1993; amended in 2001.
What is Banned: Possessing, distributing, transporting, importing, keeping for sale, offering or exposing
for sale, and giving any assault weapon. Conn. Gen. Stat. 53-202b and 53-202c.
Sixty-seven named types, models and series of firearms. Conn. Gen. Stat. 53-202a(a)(1) and (2).
Semi-automatic handguns and rifles that have the ability to accept a detachable magazine and
possess at least two specified military features, and semi-automatic shotguns that possess at least
two specified military features. Conn. Gen. Stat. 53-202a(a)(3). This provision is identical to the
federal standard at 18 U.S.C. 921(a)(30).
A part or combination of parts designed or intended to convert a firearm into an assault weapon, as
well as any combination of parts from which an assault weapon may be rapidly assembled if those
parts are in the possession or under the control ofthe same person. Conn. Gen. Stat. 53-202a(a).
Definition of "Large Capacity Ammunition Feeding Device:" None.
Key, Exceptions:
Grandfather Clause - Any person who lawfully possessed one of the 67 named types, models and
series of assault weapons prior to October 1, 1993, was required to register the weapon (i.e., obtain
a certificate of possession) in order to legally retain possession. A person who has been issued a
certificate of possession may possess his or her registered assault weapon in a limited number of
places. Conn. Gen. Stat. 53-202d.
Assault weapons not included among the more than 67 named types, models and series may still be
transferred and possessed without being registered if they were legally manufactured prior to the
effective date of the federal assault weapon ban, September 13,1994. Conn. Gen. Stat. 53-202m.
Other Regulations:
A person issued a certificate of possession may not sell or transfer the weapon to any person within
the state except a licensed gun dealer or through bequest or intestate succession. When a person
receives a weapon with a certificate of possession through bequest or intestate succession, that
person must, within 90 days, render the weapon permanently inoperable, sell it to a licensed gun
dealer, or remove it from the state. Conn. Gen. Stat. 53-202d(b).
Persons who lawfully possess assault weapons must report any theft of those weapons within 72
hours of when the person "discovered or should have discovered" the theft. Conn. Gen, Stat.
53-202g.
Penalties:
Any person who illegally distributes, transports or imports into the state, keeps for sale, or offers or
exposes for sale, or who gives any assault weapon is subject to imprisonment for two to 10 years.
Penalties are more significant when the offender transfers, sells or gives an assault weapon to a
person under 18 years of age. Conn. Gen. Stat. 53-202b and 53a-35(b).
Except for certain first-time violators, any person who illegally possesses an assault weapon faces a
term of imprisonment between one and five years. Conn. Gen. Stat. 53-202c and 53a-35(b).
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Use or display of an assault weapon during the commission of certain felonies is punished by a
mandatory eight-year sentence in addition to the term of imprisonment for the original felony.
Conn. Gen. Stat. 53-202j.
Legal Challenges: The Connecticut assault weapon ban has withstood legal challenge.
In Benjamin v. Bailey, 662 A.2d 1226 (Conn. 1995), the Supreme Court of Connecticut rejected challenges
to the state's assault weapon ban under Article I, 15 of the Connecticut Constitution ("Every citizen has a
right to bear arms in defense of himself .... "), the Connecticut Constitution's bill of attainder clause (Article
I, 13, prohibiting legislative acts that apply either to named individuals or to easily identifiable members
of a group in such a way as to inflict punishment on them without ajudicial trial), and U.S. and Connecticut
constitutional provisions guaranteeing due process and equal protection.
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Hawaii Assault Weapon Ban
Haw. Rev. Stat 134 et seq.
Effective Date: July 1, 1992
Wbat is Banned: Manufacturing, possessing, selling, bartering, trading, gifting, transferring and acquiring
an assault pistol or large capacity ammunition feeding device. Haw. Rev. Stat 134-4(e) and 134-8.
Definition of "Assault Weapon:" Hawaii uses the term "assault pistol," which means a semi-automatic
pistol that accepts a detachable magazine and possesses at least two specified military features identical
to the federal list for semi-automatic pistols under 18 U.S.C. 92I(a)(30)(C). An assault pistol does not
include a firearm with a barrel 16 or more inches in length. Haw. Rev. Stat. 134-1.
Definition of "Large Capacity Ammunition Feeding Device:" A detachable ammunition magazine with
a capacity in excess often rounds which is designed for or capable for use with a pistol. Haw. Rev.
Stat. 134-8(c).
Key Exceptions: Grandfather Clause - Any person who lawfully owned and registered an assault pistol as
of July 1, 1992, may continue to possess the weapon (but it can only be transferred to a licensed dealer
or any county's chief of police). Haw. Rev. Stat. 134-4(e).
Otber Regulations: A person who obtains title to an assault pistol through inheritance must, within 90
days, render the weapon permanently inoperable, transfer the weapon to a licensed dealer or the chief of
police of any county, or remove the weapon from the state. Id.
Penalties:
Any person who illegally engages in the manufacture, possession, sale, barter, trade, gift, transfer,
or acquisition of an assault pistol is generally subject to a mandatory sentence of five years without
probation. Haw. Rev. Stat. 134-8.
Any person who illegally engages in the manufacture, possession, sale, barter, trade, gift, transfer,
or acquisition of detachable ammunition magazines with a capacity in excess often rounds and
designed for or capable for use with a pistol is gUilty of a misdemeanor. If the magazine is
possessed while inserted into a pistol, the person is subject to a maximum sentence of five years in
prison. Haw. Rev. Stat. 134-8 and 706-660.
Legal Cballenges: The Hawaii assault weapon ban has not been challenged.
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Maryland Assault Weapon Ban
Md. Crim. Law Code 4-301 et seq. and Md. Public Safety Code 5-101 et seq.
Effective Date: June I, 1994
What is Banned:
Possessing, selling, offering for sale, transferring, purchasing, receiving and transporting assault
pistols into the state. Other assault weapons are regulated. but not banned. Md. Crim, Law Code
4-303 and Public Safety Code 5-101(p)(2).
Manufacturing, selling, offering for sale, purchasing, receiving, and transferring large capacity
ammunition feeding devices. Maryland does not prohibit the possession oflarge capacity
ammunition feeding devices. Md. Crim. Law Code 4-305.
Seventeen named types, models and series of firearms or their copies, regardless of the producer or
manufacturer, are defined as assault pistols. Md. Crim. Law Code 4-30 I.
Sixty-six named types, models and series of firearms or their copies, regardless of which company
produced and manufactured that firearm, are defined as assault weapons. Md. Public Safety Code
5-101(p)(2).
Definition of "Large Capacity Ammunition Feeding Device:" A detachable magazine that has a
capacity of more than 20 rounds of ammunition for a firearm. Md. Crim. Law Code 4-305.
Key Exceptions: Grandfather Clause - Any person who lawfully possessed an assault pistol before
June 1, 1994, may continue to possess it if he or she registered the weapon with the State Police before
August I, 1994. Md. Crim. Law Code 4-303.
Other Regulations:
A person who owns a registered assault pistol generally may not sell or transfer the weapon to any
person, except through a licensed dealer or manufacturer, or through inheritance. Md. Crim. Law
Code 4-303.
Because assault weapons qualify as state-defined "regulated firearms," the purchasers of such guns
are subject to enhanced background checks and a seven-day waiting period, and are limited to the
purchase of one assault weapon in any 30-day period. Md. Public Safety Code 5-118(bX3),
5-123(a), 5-124(aXl), 5-128(b) and 5-134(b).
Penalties: In general, any person who violates the provisions regulating assault pistols and detachable
magazines is subject to imprisonment not exceeding three years or a fine not exceeding $5,000 or both.
The pen!\lties increase significantly if the assault pistol or detachable magazine is used in a felony or a
crime of violence, requiring a minimum five-year sentence for the first offense committed. Md. Crim.
Law Code 4-306.
Legal Challenges: The Maryland assault weapon ban has not been challenged.
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Massachusetts Assault Weapon Ban
Mass. Gen. Laws ch. 140, 121 et seq.
Effective Date: October 22, 1998; amended in 2004.
What is Banned: Selling, offering for sale, transferring and possessing an assault weapon or large
capacity feeding device. Mass. Gen. Laws ch. 140, 131 M.
Nineteen named types, models and series offirearms and copies or duplicates ofthose firearms in
any caliber. This list is essentially the same as the firearms named in the federal ban at 18 U.S.C.
921 (aX30)(A). Mass. Gen. Laws ch. 140, 121.
Semi-automatic handguns and rifles that have the ability to accept a detachable magazine and
possess at least two specified military features, and semi-automatic shotguns that possess at least
two specified military features.
Definition of "Large Capacity Ammunition Feeding Device:" Massachusetts uses the term "large
capacity ,feeding device," which means: 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 ten rounds of
ammunition or more than five shotgun she\1s; or a "large capacity ammunition feeding device" as
defined under federal law, 18 U.S.C. 92I(a)(31). Mass. Gen. Laws ch. 140, 121.
Key Exceptions: Grandfather Clause - Any person who lawfully possessed an assault weapon or large
capacity feeding device on September 13, 1994, may continue to sell, transfer and/or possess the
weapon or feeding device. Mass. Gen. Laws ch. 140, 131 M.
Other Regulations: In order to purchase, rent, lease, borrow, possess or carry a "large capacity
weapon," a person must obtain the appropriate permit or license. Massachusetts defines "large
capacity weapon" to include: assault weapons; most semi-automatic firearms with a fixed large
capacity feeding device or that are capable of accepting, or readily modifiable to accept, any
detachable large capacity feeding device; and certain revolving cylinder firearms. Mass. Gen.
Laws ch. 140, 121, 123(Eighth) 131 and 131A.
Penalties: First time offenders face a fine of $1 ,000 to SI 0,000, between one and ten years of
imprisonment, or both. Repeat offenders face a fine of $5,000 to SI5,000, between five and fifteen
years ofimprisonment, or both. Mass. Gen. Laws ch. 140, 131M.
Legal ChaUenges: The Massachusens assault weapon ban has withstood legal challenge.
In Gun Owners' Action League, Inc. v. Swift. 284 F.3d 198 (1st Cir. 2002), the U.S. Court of Appeals for
the First Circuit rejected challenges to Massachusetts' regulation of large capacity weapons and feeding
devices under the U.S. Constitution. including alleged violations of the First Amendment's freedom of
speech and association, and the Fourteenth Amendment's Due Process and Equal Protection Clauses.
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New Jersey Assault Weapon Ban
N.J. Rev. Stat. 2C:39-1 et seq.
Effective Date: May 30, 1990
What is B a ~ n e d
Manufacturing, causing to be manufactured, transporting, shipping, selling and disposing of an
"assault firearm" unless the person is licensed to do so, and the weapon is properly registered.
N.J. Rev. Stat. 2C:39-9(g).
Knowingly possessing an assault firearm unless the possessor is licensed and the weapon is
registered, or the weapon is rendered inoperative. N.J. Rev. Stat. 2C:39-5(t).
Manufacturing, causing to be manufactured, transporting, shipping, selling and disposing of a large
capacity ammunition magazine. N.J. Rev. Stat. 2C:39-9(h).
Possessing a large capacity ammunition magazine unless the person has registered an assault
firearm and the magazine "is maintained and used in connection with participation in competitive
shooting matches sanctioned by the Director of Civilian Marksmanship of the United States
Department of the Army." N.J. Rev. Stat. 2C:39-3G).
Sixty-three named types, models and series of firearms, or any other firearm manufactured under
any designation which is substantially identical to any of the listed weapons, are defined as "assault
firearms." N.J. Rev. Stat. 2C:39-I(w).
Assault firearms also include semi-automatic rifles with fixed magazine capacities of more than 15
rounds and any semi-automatic shotgun with either a magazine capacity exceeding six rounds, a
pistol grip, or a folding stock. N.J. Rev. Stat. 2C:39-1(w).
Additionally, any part or combination of parts designed or intended to convert a firearm into an
assault firearm, or any combination of parts from which an assault firearm may be readily
assembled if possessed by or under the control of a single individual, are also considered assault
firearms. N.J. Rev. Stat. 2C:39-1(w).
Definition of "Large Capacity Ammunition Feeding Device:" New Jersey uses the term "large capacity
ammunition magazine," which means: a box, drum, tube or other container which is capable of holding
more than 15 rounds of ammunition to be fed continuously and directly into a semi-automatic firearm.
N.J. Rev. Stat. 2C:39-1 (y).
Key Exceptions:
Grandfather Clause - Any person who lawfully purchased an assault firearm on or before May I,
1990 was permitted to retain possession ifhe or she registered the weapon by May 30, 1991, and if
the weapon was on a list developed by the Attorney General identifying assault firearms used for
legitimate target-shooting purposes. In order to register, the owner also was required to produce for
inspection a valid firearms purchaser identification card, a valid permit to carry handguns, or a
copy of the permit to purchase the assault firearm and submit proof that the owner was, within 210
days of the statute's effective date, a member of a rifle or pistol club in existence prior to the
effective date. N.J. Rev. Stat. 2C:58-12.
Any person who lawfully owned an assault firearm and was unable to, or chose not to, register the
weapon, was required to do one of the following by May 30, 1991: transfer the weapon to someone
lawfully entitled to own or possess it, render it inoperable, or voluntarily surrender it to law
enforcement. N.J. Rev. Stat. 2C:58-13.
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Other Regulations:
A person seeking to purchase, possess, or carry an assault firearm must obtain a license to do so.
The superior court may issue a license after an investigation and recommendation by the county
prosecutor. However, no license may be issued to any person who would not qualify for a permit
to carry a handgun unless the court finds that public safety and welfare so require. N.J. Rev. Stat.
2C:S8-S.
Within 90 days of the death of the registered owner, an assault firearm must either be transferred to
someone lawfully entitled to own or possess it, rendered inoperable, or voluntarily surrendered to
lawenforcement. N.J. Rev. Stat. 2C:S8-12 and 2C:S8-13.
If a registered assault firearm or a license holder's assault firearm is used in the commission of a
crime, the owner will be civilly liable for any damages resulting from that crime, unless the firearm
was stolen from its owner and the owner reported the theft to law enforcement within 24 hours of
his or her awareness of the theft. N.J. Rev. Stat. 2C:58-5 and 2C:58-12(g).
Penalties:
Any person who knowingly possesses a working assault firearm is guilty of a crime in the third
degree, unless the weapon is registered and the person is properly licensed. A first-time offender
will not be imprisoned unless it is determined to be necessary for the protection of the public. In
general, the presumptive sentence for a third degree offense is a term of four years.
N.J. Rev. Stat. 2C:39-5(t), 2C:44-I(e) and 2C:44-I(t)(IXd).
Any person who unlawfully manufactures, causes to be manufactured, transports, ships, sells or
disposes of an assault firearm is guilty of a crime of the third degree. N.J. Rev. Stat. 2C:39-9(g).
Any person who unlawfully manufactures, causes to be manufactured, transports, ships, sells or
disposes of a large capacity ammunition magazine is guilty of a crime of the fourth degree. A first-
time offender will not be imprisoned unless it is determined to be necessary for the protection of
the public. In general, the presumptive sentence for a fourth degree offense is a term of nine
months. N.J. Rev. Stat. 2C:39-9(h), 2C:44-1(e) and 2C:44-1(t)(1)(e).
Legal Challenges: The New Jersey assault weapon ban has withstood alllegaI challenges.
In State v. Petrucci. 779 A.2d 429 (N.J. Super. Ct. ADD' Div. 200])' the Superior Court of New Jersey,
Appellate Division, rejected a vagueness challenge to N.J. Rev. Stat. 2C:43-6g under the U.S.
Constitution's Fifth and Fourteenth Amendment Due Process Clauses, and Article I, paragraph I, of the
New Jersey Constitution.
In Coalition o(NJ. Sportsmen v. Whitman, 44 F. SUDP' 2d 666 (0. N.J. 1999). aff'd. 263 F.3d 157 (3d Cir.
200)). the District Court of New Jersey rejected numerous challenges under the U.S. Constitution,
including those based on alleged violations of the Fourteenth Amendment'S Due Process and Equal
Protection Clauses, the First Amendment's freedom of association and freedom of (commercial) speech,
and the Bill of Attainder Clause (which prohibits laws specifically singling out individuals or businesses
and imposing punishment on them without trial).
In State v. Warriner. 731 A,2d 86 (N.J. SUDer. Ct. App. Div. 1999), the Superior Court of New Jersey,
Appellate Division, rejected a vagueness challenge to N.J. Rev. Stat. 2C:39-lw(l) under the Due Process
Clause of the Fourteenth Amendment to the U.S. Constitution.
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New York Assault Weapon Ban
N.Y. Penal Law 265.00 et seq.
Effective Date: Nov. 1,2000
What is Banned: Possessing, manufacturing, causing to be manufactured, transporting, shipping,
disposing of, and willfully defacing an assault weapon or large capacity ammunition feeding device.
N.Y. Penal Law 265.02 and 265.10.
Nineteen named types, models and series of firearms, as well as any functioning frames or
receivers, or copies or duplicates ofthese weapons. This list is essentially the same as the firearms
named in the federal ban at 18 U.S.C. 921(a)(30)(A). N.Y. Penal Law 265.00(22).
Semi-automatic pistols and rifles that have the ability to accept a detachable magazine and possess
at least two specified military features, and semi-automatic shotguns that possess at least two
specified military features. This provision is identical to the federal standard at 18 U.S.C.
921(a)(30). N.Y. Penal Law 265.00(22).
Definition of "Large Capacity Ammunition Feeding Device:" A magazine, belt, drum, feed strip, or
similar device, manufactured after September 13, 1994, that has a capacity of, or that can be readily
restored or converted to accept, more than ten rounds of ammunition. N.Y. Penal Law 265.00(23).
Key Exceptions:
Grandfather Clause - Assault weapons lawfully possessed before September 14, 1994, and large
capacity ammunition feeding devices manufactured before September 14, 1994, may continue to be
lawfully transferred and possessed. N.Y. Penal Law 265.00(22)(e)(v) and (23).
Firearms specified in 18 U.S.C 922, App. A (as they were manufactured on October 1, 1993), as
well as their replicas or duplicates, are excluded from the definition of assault weapon. N.Y. Penal
Law 265.00(22)(e)(iv).
Penalties: Any violation of the above provisions is a Class D felony, which is punishable by a maximum
of seven years imprisonment. N.Y. Penal Law 70.00(d).
Legal Challenges: The New York assault weapon ban has not been challenged.
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"
Legal C<Jmmurtity Ag.in:! Violence
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AppendixD
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The following analysis summarizes common legal challenges to laws banning assault weapons, and
identifies cases in which these challenges were made, the provisions challenged, and the outcomes.
In most of these cases, as noted below, the assault weapon bans were challenged on more than one legal
theory.
Article I, 8 of the U.S. Constitution, Commerce Clause - Congress shall have the power to "regulate
Commerce ... among the several states."
The federal assault weapon ban has not been found to violate the Commerce Clause. The following cases
have addressed this issue:
Olympic Arms v. Magaw, 91 F. Supp. 2d 1061 (E.D. Mich. 2000), aff'd, 301 F.3d 384 (6th Cir. 2002)-
rejecting a challenge to 18 U.S.C. 922(v)(1) and (w)(I).
Navegar, Inc. v. United States, 192 F.3d 1050 (D.C. Cir. 1999), cert. denied, 531 U.S. 816 (2000)-
rejecting a challenge to 18 U .S.C. 922(vX 1).
Article I, 9 & 10 of tbe U.S. Constitution, Bill of Attainder - Congress and the states shall not pass
any Bill of Attainder, that is, "a law that legislatively determines guilt and inflicts punishment upon an
identifiable individual without...ajudicial triaL" Nixon v. Administrator o/General Services, 433 U.S.
425,468 (1977).
No assault weapon ban has been found to constitute a Bill of Attainder under the U.S. Constitution or
analogous state constitutional provisions. The following cases have addressed this issue:
Navegar, Inc. v. United States, 192 F.3d 1050 (D.C. Cir. 1999), cert. denied, 531 U.S. 816 (2000)-
rejecting a challenge to 18 U.S.C. 92 I (aX30)(AXviii), (ix), and 922(v)(I).
Coalition ofN.J Sportsmen v. Whitman, 44 F. Supp. 2d 666 (D. N.J. 1999), aff'd, 263 F.3d 157
(3d Cir. 2001) - rejecting a challenge to New Jersey Rev. Stat. 2C:39-1w, Sf, and 9g.
Benjamin v. Bailey, 662 A.2d 1226 (Conn. 1995) - rejecting a challenge to Connecticut Gen. Stat.
53-202a et seq.
Fresno Rifle and Pistol Club. Inc. v. Van De Kamp, 965 F .2d 723 (9th Cir. 1992) - rejecting a
challenge to California Penal Code 12275 et seq.
Articles I-III of tbe U.S. Constitution, Separation of Powers - Each of the three branches of government
-legislative, executive, andjudicial- has certain powers, and each of these powers is limited, or checked,
by another branch. The courts have long insisted that "the integrity and maintenance of the system of
government ordained by the Constitution" mandate that Congress generally cannot delegate its legislative
power to another branch. Mistretta v. United States 488 U.S. 361, 371-72 (1989), citing Field v. Clark,
143 U.S. 649, 692 (1892).
40 Legaf Community Against Violence
127 of 284
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No assault weapon ban has been found to violate the separation of powers doctrine under the U.S.
Constitution or analogous state constitutional provisions. The following case has addressed this issue:
Kasler v. Lockyer,2 P.3d 581 (Cal. 2000) - rejecting a challenge to California Penal Code
12276.5.
Article VI of the U.S. Constitution, Supremacy Clause - "This Constitution, and the Laws of the United
States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land .... " The Supremacy Clause is the
source of the doctrine of federal preemption.
No assault weapon ban has been found to violate the Supremacy Clause. The following cases have
addressed this issue:
Richmond Boro GWI Club. Inc. v. City 0/ New York, 97 F.3d 681 (2d Cir. 1996) - rejecting a challenge
to New York City Local Law 78 of 1991.
Citizens/or a Safer CommWlity v. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994)-
rejecting a challenge to Rochester Ordinance No. 93-62.
Arnoldv.. City o/Cleveland, 616 N.E.2d 163 (Ohio 1993) - rejecting a challenge to Cleveland
Ordinance No. 415-89.
Fresno Rifle and Pistol Club, Inc. v. Van De Kamp, 965 F.2d 723 (9th Cir. 1992) - rejecting a
First Amendment to the U.S. Constitution, Freedom of Speech - "Congress shall make no
law ... abridging the freedom of speech .... "
No assault weapon ban has been found to violate the First Amendment right to free speech. The following
cases have addressed this issue:
Olympic Arms v. Buckles, 301 F.3d 384 (6th Cir. 2002) - rejecting a challenge to 18 U.S.C. 921
et seq.
GWI Owners' Action League. Inc. v. Swift, 284 F.3d 198 (1st Cir. 2002) - rejecting a challenge to
Massachusetts Gen. Laws ch. 140, 131(a).
Coalition o/NJ. Sportsmen v. Whitman, 44 F. Supp. 2d 666 (D. N.J. 1999), aff'd,263 F.3d 157
(3d Cir. 2001) - rejecting a challenge to New Jersey Rev. Stat. 2C:39-1 w( 1).
Citizens/or a Safer Community v. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994)-
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First Amendment to tbe U.S. Constitution
t
Freedom of Association - "Congress shall make no
law ... abridging ... the right of the people peaceably to assemble ......
No assault weapon ban has been found to violate the First Amendment right to freedom of association. The
following cases have addressed this issue:
Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (December I, 2003)-
rejecting a challenge to California Penal Code 12280(g)-(i).
Gun Owners' Action League, Inc. v. Swift, 284 F.3d 198 (1 st Cir. 2002) - rejecting a challenge to
Coalition o/N.J. Sportsmen v. Whitman,44 F. Supp. 2d 666 (D. N.J. 1999), afJ'd,263 F.3d 157
(3d Cir. 2001) - rejecting a challenge to New Jersey Rev. Stat. 2C:39-3j and 2C:58-12b.
Second Amendment to the U.S. Constitution
t
Rigbt to "Keep and Bear Arms" - "A well regulated
Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall
not be infringed."
Second Amendment challenges to assault weapon bans have not been successful. The following cases have
addressed this issue:
Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (December I, 2003) -
rejecting a challenge to California Penal Code 12276.1 and 12280(g)-(i).
Peoples Rights Organization v. City o/Columbus, 152 F.3d 522 (6th Cir. 1998) - rejecting a challenge
to Columbus Code 2323.11, 2323.31, and 2323.32.
Fresno Rifle and Pistol Club, Inc. v. Van De Kamp, 965 F .2d 723 (9th Cir. 1992) - rejecting a
State Right to Bear Arms Provisions - Most states have a constitutional or legislative provision
recognizing a right to bear arms.
No state or local ban on assault weapons has been struck down for violating a state right to bear arms
provision.
53
The following cases have addressed this issue:
53-202a through 53-202k.
53 In Ortiz v. Commorrwea/th, 681 A.2d 152, 156 (Pa. 1996), the Pennsylvania Supreme Court found that assault
weapon bans in Philadelphia County and the City of Pins burgh were preempted by 18 Pa. Cons. Stat. 6120.
Although the court referenced the state's right to bear arms provision (Pa. Const. Art. I, 21), the reference was only
for the purpose of upholding the preemption statute.
129 of 284
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Citizens/ora Safer Community v. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994)-
Robertson v. City & County o/Denver, 874 P.2d 325 (Colo. 1994), appeal after remand, 978 P.2d 156
(Colo. Ct. App. 1999) - rejecting a challenge to Denver Muni. Code 38-130.
City o/Cincinnati v. Langan, 640 N.E.2d 163 (Ohio Ct. App. 1994) - rejecting a challenge to
Cincinnati Muni. Code 708-37.
Beaver v. City 0/ Dayton, 1993 Ohio App. LEXlS 4303 (Ohio ct. App. 1993) - rejecting a challenge to
Dayton Ordinance No. 27920.
Oregon State Shooting Ass 'n v. Multnomah County, 858 P.2d 1315 (Or. Ct. App. 1993) - rejecting a
challenge to Multnomah County Ordinance 646, IV.
Arnold v. City o/Cleveland, 616 N.E.2d 163 (Ohio 1993) - rejecting a challenge to Cleveland
State Preemption - State preemption refers to a state's removal of a local government's power to regulate
a specific subject matter. The existence and degree of state preemption of local firearms regulation varies
widely.
While courts have found two local assault weapon bans to be preempted by state law, other courts have
rejected state preemption challenges to local bans. The following cases have addressed this issue:
Challenges Rejected
People v. Stagnitto, 691 N.Y.S.2d 223 (N.Y. App. Div. 1999) - rejecting a challenge to Rochester
Challenges Upheld (or upheld in part)
Ortiz v. Commonwealth, 681 A.2d J 52, J 56 (Pa. 1996) - upholding state preemption challenges to
assault weapon bans in Philadelphia County (Bill No. 508) and Pittsburgh (Ordinance 30-1993).
Oregon State Shooting Ass 'n v. Multnomah County, 858 P.2d 1315 (Or. Ct. App. 1993) - upholding a
state preemption challenge to Multnomah County Ordinance 646, IV(AX4) banning the sale of
assault weapons at the Exposition Center. but rejecting a state preemption challenge to section
IV(A)(1)-(3) regulating (and in some cases prohibiting) the possession of assault weapons in public
places.
Legal Community Agllinst Violence 43
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Fifth Amendment to the U.S. Constitution, Takings Clause - The Fifth Amendment to the U.S.
Constitution provides that "private property [shall not] be taken for public use, without just compensation."
The Takings Clause is incorporated by the Fourteenth Amendment Due Process Clause as a constraint on
state and local action. Chicago, B. & Q. R. Co. v. Chicago, 166 U.S. 226 (1897).
No assault weapon ban has been found to violate the Fifth Amendment Takings Clause or analogous state
constitutional provisions. The following cases have addressed this issue:
Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (December 1,2003)-
rejecting a challenge to California Penal Code 12276.1 and 12280(g)-(i).
Citizens/or a Safer Communityv. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994)-
Gun South, Inc. v. Brady, 877 F .2d 858 (lIth Cir. 1989) - rejecting a challenge to a temporary federal
ban on the importation of "assault rifles."
Fifth and Fourteenth Amendments to the U.S. Constitution, Due Process Clauses - No person shall be
deprived of "life, liberty, or property, without due process oflaw .... " A law failing to give a person of
ordinary intelligence a reasonable opportunity to know what is prohibited, or that fails to provide explicit
standards for those who apply the law, violates due process under the federal constitution. As the U.S.
Supreme Court explained in Grayned v. City 0/ Rockford, 408 U.S. 104, 108 (1972), "[i]t is a basic
principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined."
Note, however, that clearly written laws also can violate due process when they are overbroad, impinging
on constitutionally protected conduct. Id. at 1] 4-15.
No federal or state assault weapon ban has been found to violate due process under the U.S. Constitution or
analogous state constitutional provisions. Only one local jurisdiction has had its ban struck down on due
process grounds. The following cases have addressed this issue:
Challenges Rejected
State v. Petrucci, 779 A.2d 429 (N.J. Super. ct. App. Div. 2001) - rejecting a challenge to New Jersey
Rev. Stat. 2C:43-6g.
Gun Owners' Action League, Inc. v. Swift, 284 F .3d 198 (1 st Cir. 2002) - rejecting a challenge to
Massachusetts Gen. Laws ch. 140, 121 et seq.
Kasler v. Lockyer, 2 PJd 581 (Cal. 2000) - rejecting a challenge to California Penal Code 12276.
Coalition o/NJ Sportsmen v. Whitman, 44 F. Supp. 2d 666 (D. N.J. 1999), aff'd, 263 F.3d 157
(3d Cir. 2001) - rejecting a challenge to various parts of New Jersey Rev. Stat. 2C:39-1 et seq.
State v. Warriner, 731 A.2d 86 (N.J. Super. Ct. App. Div. 1999) - rejecting a challenge to New Jersey
Rev. Stat. 2C:39-lw(I).
Richmond Boro Gun Club, Inc. v. City o/New York, 97 F.3d 681 (2d Cir. 1996) - rejecting a challenge
to New York City Local Law 78 of 1991.
131 of 284
A-1230
Benjamin v. Bailey, 234 662 A.2d 1226 (Conn. 1995) - rejecting a challenge to Connecticut Gen. Stat.
53-202(a).
Peoples Rights Organization v. City o/Columbus, 152 FJd 522 (6th Cir. 1998) - upholding a
vagueness challenge to the definition of assault weapons in Columbus City Code 2323.II(G)(1)-(5)
and 2323.31(A). At least one subsequent case in another jurisdiction, Coalition o/N.J. Sportsmen v.
Whitman, 44 F. Supp. 2d 666 (D. N.J. 1999), affd, 263 F.3d 157 (3d Cir. 2001), has rejected the
reasoning of the Sixth Circuit.
Springfie/dArmory v. City o/Columbus, 29 FJd 250 (6th Cir. 1994) - upholding a vagueness
challenge to the definition ofassauh weapons in Columbus City Code 2323.01(1). Subsequent cases
in other jurisdictions have not followed the Springfield Armory decision (see Kasler v. Lockyer,
2 PJd 581 (Cal. 2000); Benjamin v. Bailey, 662 A.2d 1226 (Conn. 1995.
Robertson v. City & County 0/ Denver, 874 P.2d 325 (Colo. 1994), appeal after remand, 978 P.2d 156
(Colo. Ct. App. 1999) - upholding a vagueness challenge to several minor parts of the definition of
assault weapons in Denver Muni. Code 38-130(b)(1)(c), portions of(h)(I), and (h)(5).
Fifth and Fourteenth Amendments to the U.S. Constitution, Equal Protection - The Fourteenth
Amendment provides that no state shall "deny to any person within its jurisdiction, the equal protection of
the laws." The federal government is similarly limited by the Fifth Amendment. However, when a law
makes a classification neither "involving fundamental rights nor proceeding along suspect lines," the law
will withstand constitutional scrutiny so long as it bears a rational relationship to a legitimate governmental
interest. 54
Most courts have rejected equal protection challenges to assault weapon bans under the U.S. Constitution
or analogous state constitutional provisions. Where equal protection challenges have been upheld, they
have generally concerned only specific provisions, not the entire law. The following cases have addressed
this issue:
Challenges Rejected
Olympic Arms v. Buckles, 301 F.3d 384 (6th Cir. 2002) - rejecting a challenge to 18 U.S.C.
921 (aX30)(A)-(D).
Gun Owners' Action League, Inc. v. Swift, 284 FJd 198 (1st Cir. 2002) - rejecting a challenge to
Kasler v. Lockyer,2 PJd 581 (Cal. 2000) - rejecting a challenge to California Penal Code 12276.
54 Hellerv. Doe, 509 U.S. 312, 320 (1993), see also Schweiker v. Wilson, 450 U.S. 221,230 (1981). Classifications
along "suspect lines" can include a suspect class (e.g., race) or quasi-suspect class (e.g., gender), see, e.g . Lavia v.
Pennsylvania, 224 F.3d 190,200 (3d Cir. 2000).
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A-1231
Coalition o/NJ Sportsmen v. Whitman, 44 F. Supp. 2d 666 (D. N.J. 1999), aff'd, 263 F.3d 157
(3d Cir. 2(01) - rejecting a challenge to various parts of New Jersey Rev. Stat. 2C:39-1 et seq.
53-202a through 53-202d.
Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (December 1,2(03)-
upholding a challenge to California Penal Code 12280(h)-(i), which excluded retired law enforcement
officers from the ban, while rejecting a challenge to section 12280(g).
Peoples Rights Organization v. City o/Columbus, 152 F.3d 522 (6th Cir. 1998) - upholding a
challenge to Columbus City Code 2323.31(8)(3), and upholding in part, and rejecting in part, a
challenge to section 2323.32(8)(2). The provisions grand fathered assault weapons (and large capacity
magazines belonging to or part of those weapons) that were registered under a former ordinance.
upholding a challenge to part of Rochester Ordinance No. 93-62, which banned specific assault weapon
models, but did not prohibit copies or duplicates of the listed models. The court rejected a challenge to
the portion ofthe ordinance banning assault weapons based on a definition of generic features.
Fourteenth Amendment to the U.S. Constitution, Right to Privacy - Founded in the Fourteenth
Amendment's concept of personal liberty, privacy rights involve at least two different kinds of interests,
"the individual interest in avoiding disclosure of personal matters, and ... the interest in independence in
making certain kinds of important decisions." Whalen v. Roe, 429 U.S. 589,598-600 (1977).
No assault weapon ban has been found to violate the right to privacy under the U.S. Constitution or
analogous state constitutional provisions. The following case has addressed this issue:
Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (December 1,2003) -
rejecting a challenge to the amended registration provisions outlined in California Penal Code 12280
through 12290.
Fresno Rifle and Pistol Club, Inc. v. Van De Kamp, 746 F. Supp. 1415 (E.D. Cal. 1990), affd, 965
F.2d 723 (9th Cir. 1992) - rejecting a challenge to California Penal Code 12275 through 12290.
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Appendix E
Excerpts of the Federal Assault Weapon Ban
Local Action. a publication of Legal Community Against Violence.
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A-1233
Excemts of the Federal Assault Weapon Ban
18 U.S.C. 921(a)(30), (31)
(a) As used in this chapter ...
(30) The term "semiautomatic assault weapon" means -
(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as-
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
(ii) Action Anns Israeli Military Industries UZI and GaliI;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-IS;
(v) Fabrique National FNIFAL, FNILAR, and FNC;
(vi) SWD M-IO, M-I I, M-ll/9, and M-12;
(vii) Steyr AUG;
(viii) INTRA TEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;
(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of -
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of -
(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or
silencer;
(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that pennits the
shooter to hold the firearm with the nontrigger hand without being burned;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm; and
(D) a semiautomatic shotgun that has at least 2 of -
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.
(31) The tenn "large capacity ammunition feeding device" -
48
(A) means a magazine, belt. drum. feed strip. or similar device manufactured after the date of
enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of. or
that can be readily restored or converted to accept, more than 10 rounds of ammunition; but
(8) does not include an attached tubular device designed to accept, and capable of operating only with,
.22 caliber rim fire ammunition.
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18 U.S.C. 922(v)(I), (w)(l)
(v)(l) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.
(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon
otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.
(3) Paragraph (1) shall not apply to -
(A) any of the fireanns, or replicas or duplicates of the fireanns, specified in Appendix A to this
section, as such fireanns were manufactured on October I, 1993;
(B) any firearm that -
(i) is manually operated by bolt, pump, lever, or slide action;
(ii) has been rendered permanently inoperable; or
(iii) is an antique firearm;
(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of
ammunition; or
(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or
detachable magazine. The fact that a fireann is not listed in Appendix A shall not be construed to mean
that paragraph (1) applies to such fireann. No firearm exempted by this subsection may be deleted
from Appendix A so long as this subsection is in effect.
(4) Paragraph (1) shall not apply to-
(A) the manufacture for, transfer to, or possession by the United States or a department or agency of
the United States or a State or a department, agency, or political subdivision of a State, or a transfer to
or possession by a law enforcement officer employed by such an entity for purposes of law
enforcement (whether on or off duty);
(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of
establishing and maintaining an on-site physical protection system and security organization required
by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes
or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
(C) the possession, by an individual who is retired from service with a law enforcement agency and is
not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the
individual by the agency upon such retirement; or
(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed
manufacturer or licensed importer for the purposes of testing or experimentation authorized by the
Attorney General.
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(wXl) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large
capacity ammunition feeding device.
(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding
device otherwise lawfully possessed on or before the date of the enactment of this subsection.
(3) This subsection shall not apply to -
(A) the manufacture for, transfer to, or possession by the United States or a department or agency of
the United States or a State or a department, agency, or political subdivision of a State, or a transfer to
or possession by a law enforcement officer employed by such an entity for purposes of law
enforcement (whether on or off duty);
(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of
establishing and maintaining an on-site physical protection system and security organization required
by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes
or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
(C) the possession, by an individual who is retired from service with a law enforcement agency and is
not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device
transferred to the individual by the agency upon such retirement; or
(D) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a
licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized
by the Attorney General.
(4) Ifa person charged with violating paragraph (1) asserts that paragraph (I) does not apply to such person
because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph
(1) applies to such person. The lack of a serial number as described in section 923(i) of this title shall be a
presumption that the large capacity ammunition feeding device is not subject to the prohibition of
possession in paragraph (1).
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Appendix F
Excerpts of the California Assault Weapon Ban
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Excemts of the California Assault Weapon Ban
Cal. Penal Code 12275.5
The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to
the health, safety, and security of all citizens of this state. The Legislature has restricted the assault
weapons specified in Section 12276 based upon finding that each firearm has such a high rate of fire and
capacity for firepower that its function as a legitimate sports or recreational firearm is substantially
outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the
Legislature in enacting this chapter to place restrictions on the use of assault weapons and to establish a
registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the
Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed
and intended for hunting, target practice, or other legitimate sports or recreational activities.
Cal. Penal Code 12276
As used in this chapter, "assault weapon" shaH mean the foHowing designated semiautomatic firearms:
(a) All of the following specified rifles:
52
(1) All AK series including, but not limited to, the models identified as foHows:
(A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S.
(B) Norinco 56, 56S, 84S, and 86S.
(C) Poly Technologies AKS and AK47.
(D) MAADI AK47 and ARM.
(2) UZI and GaliJ.
(3) Beretta AR-70.
(4) CETME Sporter.
(5) Colt AR-15 series.
(6) Daewoo K-l, K-2, Max I, Max 2, AR 100, and AR 110C.
(7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter.
(8) MAS 223.
(9) HK-91, HK-93, HK-94, and HK-PSG- l.
(10) The following MAC types:
(A) RPB Industries Inc. sMIO and sMll.
(B) SWD Incorporated Mil.
(11) SKS with detachable magazine.
(12) SIG AMT, PE-57, SG 550, and SG 551.
(13) Springfield Armory BM59 and SAR-48.
(14) Sterling MK-6.
(15) Steyer AUG.
(16) Val met M62S, M7IS, and M78S.
(17) Armalite AR-IBO.
(18) Bushmaster Assault Rifle.
(\9) Calico M-900.
(20) J&R ENG M-68.
(21) Weaver Arms Nighthawk.
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(b) All of the following specified pistols:
(I) UZI.
(2) Encom MP-9 and MP-45.
(3) The following MAC types:
(A) RPB Industries Inc. sMIO and sMI!.
(B) SWD Incorporated M-Il.
(C) Advance Armament Inc. M-II .
(0) Military Armament Corp. Ingram M-II.
(4) Intratec TEC-9.
(5) Sites Spectre.
(6) SterlingMK-7.
(7) Calico M-950.
(8) Bushmaster Pistol.
(c) All of the following specified shotguns:
(1) Franchi SPAS 12 and LA W 12.
(2) Striker 12.
(3) The Streetsweeper type SIS Inc. SSIl2.
(d) Any fireann declared by the court pursuant to Section 12276.5 to be an assault weapon that is specified
as an assault weapon in a list promulgated pursuant to Section 12276.5.
(e) TIle term "series" includes all other models that are only variations, with minor differences, of those
models listed in subdivision (a), regardless of the manufacturer.
(f) This section is declaratory of existing law, as amended, and a clarification of the law and the
Legislature's intent which bans the weapons enumerated in this section, the weapons included in the list
promulgated by the Attorney General pursuant to Section 12276.5, and any other models which are only
variations of those weapons with minor differences. regardless of the manufacturer. The Legislature has
defined assault weapons as the types, series, and models listed in this section because it was the most
effective way to identify and restrict a specific class of semiautomatic weapons.
Cal. Penal Code 12276.1
(a) Notwithstanding Section 12276. "assault weapon" shall also mean any of the following:
(I) A semiautomatic, center fire rifle that has the capacity to accept a detachable magazine and anyone
of the following:
(A) A pistol grip that protrudes conspicuously beneath the action of the weapon.
(B) A thumb hole stock.
(C) A folding or telescoping stock.
(D) A grenade launcher or flare launcher.
(E) A flash suppressor.
(F) A forward pistol grip.
(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10
rounds.
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(3) A semiautomatic, centerfire rifle that has an overall length ofless than 30 inches.
(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and anyone of the
following:
(A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer.
(B) A second handgrip.
(C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the
bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel.
(D) The capacity to accept a detachable magazine at some location outside of the pistol grip.
(5) A semi-automatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock,
or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.
(b) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for
use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International
Olympic Committee and by USA Shooting, the national governing body for international shooting
competition in the United States, and that are used for Olympic target shooting purposes at the time the act
adding this subdivision is enacted, and that would otherwise fall within the definition of "assault weapon"
pursuant to this section are exempt, as provided in subdivision (c).
(c) "Assault weapon" does not include either ofthe following:
54
(1) Any antique firearm.
(2) Any of the following pistols, because they are consistent with the significant public purpose
expressed in subdivision (b):
MANUFACTURER
BENELLI
BENELLI
BENELLI
BENELLI
HAMMERLI
HAMMERLI
HAMMERLI
HAMMERLI
LONG PARDINI
PARDINI
PARDINI
PARDINI
PARDINI
PARDINI
WALTHER
MODEL
MP90
MP90
MP95
MP95
280
280
SP20
SP20
GPO
GP-SCHUMANN
HP
MP
SP
SPE
GSP
CALIBER
.22LR
.32S&WLONG
.22LR
.32 S&W LONG
.22LR
.32S&WLONG
.22LR
.32 S&W
.22 SHORT
.22 SHORT
.32S&WLONG
.32 S&WLONG
.22LR
.22LR
.22LR
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WALTHER
WALTHER
WALTHER
GSP
OSP
OSP-2000
.32S&WLONG
.22 SHORT
.22 SHORT
(3) The Department of Justice shall create a program that is consistent with the purposes stated in
subdivision (b) to exempt new models of competitive pistols that would otherwise fall within the
definition of "assault weapon" pursuant to this section from being classified as an assault weapon. The
exempt competitive pistols may be based on recommendations by USA Shooting consistent with the
regulations contained in the USA Shooting Official Rules or may be based on the recommendation or
rules of any other organization that the department deems relevant.
(d) The following definitions shall apply under this section:
(1) "Magazine" shall mean any ammunition feeding device.
(2) "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10
rounds, but shall not be construed to include a feeding device that has been permanently altered so that
it cannot accommodate more than 10 rounds.
(3) "Antique firearm" means any firearm manufactured prior to January I, 1899.
(e) This section shall become operative January 1,2000.
Cal. Penal Code 12280
(a) (I) Any person who, within this state, manufactures or causes to be manufactured, distributes,
transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends
any assault weapon, except as provided by this chapter, is guilty ofa felony, and upon conviction shall
be punished by imprisonment in the state prison for four, six, or eight years.
(2) In addition and consecutive to the punishment imposed under paragraph (1), any person who
transfers, lends, sells, or gives any assault weapon to a minor in violation of paragraph (1) shall receive
an enhancement of one year.
(b) Except as provided in Section 12288, and in subdivisions (c) and (d), any person who, within this state,
possesses any assault weapon, except as provided in this chapter, is gUilty of a public offense and upon
conviction shall be punished by imprisonment in the state prison, or in a county jail, not exceeding one
year ... .
[Exceptions and mitigating circumstances (detailed under Cal. Penal Code 12280(b)-(d), 12285, 12288,
and elsewhere) have been omitted.]
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Appendix G
LeA v Model Law to Ban Assault Weapons
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LCAV Model Law to Ban Assault Weapons
Legal Community Against Violence (LCA V) has developed a model assault weapon law that combines the
best elements of assault weapon bans across the country, bringing together the strongest and most effective
provisions into a single document. Based on our review of existing laws, judicial decisions, policy
research, studies, and other gun violence prevention data, LCA V has created a comprehensive model to
improve upon, and avoid the loopholes present in, many existing assault weapon laws.
Model laws provide a starting point - a framework from which state or local legislation can be drafted,
reviewed, debated, and ultimately adopted. Every jurisdiction seeking to ban assault weapons - whether at
the state or local level- must determine which provisions are politically viable and appropriate for its
constituents.
LCAV's model has benefited tremendously from the complementary work of the Educational Fund to Stop
Gun Violence (Ed Fund) and the Violence Policy Center - particularly with regard to the military origins
and lethal nature of assault weapons. LCAV's model incorporates the important work of the Ed Fund to
define assault weapons based on the key features that make these weapons particularly dangerous. 55 The
principal elements of the LCA V model include:
Definition of assault weapons. Based on a "single military feature test," the definition eliminates
one of the weaknesses of the federal ban, and emphasizes high capacity and enhanced control
during firing, consistent with the Ed Fund's analysis.
Ban on assault weapons. The manufacture, importation, possession, purchase and transfer of assault
weapons are prohibited.
Ban on large capacity ammunition magazines. Also separately prohibited are the manufacture,
importation, possession, purchase and transfer oflarge capacity ammunition magazines - feeding
devices whose capacity greatly enhances the lethality of assault weapons and other fireanns.
Treatment of assault weapons already in circulation. Two options are included: (I) assault weapons
already in circulation are banned and must be removed from the jurisdiction, rendered permanently
inoperable, or surrendered for disposal to the appropriate law enforcement authority, an approach
adopted by several local communities; or (2) "pre-ban" assault weapons must be registered with the
appropriate law enforcement authority, a process included in a number of the state and local bans,
but not in the federal ban.
Please note that not all local governments have the authority to regulate firearms, and that even when they
do, such ordinances must be carefully tailored to ensure conformity with state law. For more information
and assistance in drafting a ban, please contact LCA Vat (415) 433-2062, or via e-mail at
stateandlocalbans@lcav.org.
55 LCAV would like to acknowledge the work of the Educational Fund to Prevent Gun Violence in developing a
model assault weapon ban as a supplement to its report, Killing Machines - The Case/or Banning Assault Weapons,
September 2003. Both documents can be found at: http://www.csgv.org/is5ues/assallltweapons/index.cfm.
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TEXT OF MODEL LAW TO BAN ASSAULT WEAPONS
Findings
[Findings in' support of a law are most effective when they are specific and localized. When possible,
incorporating state and/or local data from law enforcement, the public health community, and the media is
advised. General findings are included below.]
Whereas assault weapons are semi-automatic firearms designed with military features to allow rapid and
accurate spray firing for the quick and efficient killing of humans;
Whereas assault weapons have been the weapon of choice in many mass shootings of innocent civilians;
Whereas assault weapon shootings are responsible for a significant percentage of the deaths of law
enforcement officers killed in the line of duty;56
Whereas approximately 2 million assault weapons are already in circulation in the United States;S7
Whereas the wide availability of assault weapons is a serious risk to public health and safety;
Whereas most citizens - including most gun owners - support assault weapon bans and believe that assault
weapons should not be available for civilian use;58
Therefore, the State legislature/County or City governing body hereby adopts the following:
2. Definitions
(a) "Assault weapon" means any:
(I) Semi-automatic or pump-action rifle that has the capacity to accept a detachable magazine and
has one or more of the following:
(i) A pistol grip;
(ii) Any feature capable of functioning as a protruding grip that can be held by the non-
trigger hand;
(iii) A folding, telescoping or thumbhole stock;
(iv) A shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the non-trigger hand without being burned, but
excluding a slide that encloses the barrel; or
(v) A muzzle brake or muzzle compensator.
56 Violence Policy Center, Officer Down- Assault Weapons and the War on Low Eriforcement, May 2003,
~ U.S. Department of Justice, Bureau of Justice Statistics, Guns Used in Crime, 6, July 1995.
S8 See, e.g., Americans for Gun Safety, Taking Back the Second Amendment: A Seven-Step Blueprint/or Democrats to
Promote Responsibility and Win the Gun Vole, 7 (Oct. 2003) (citing a national poll of8021ikely 2004 presidential
election voters conducted by Penn Schoen & Berland from October 1-6,2003); Consumer Federation of America,
Consumers Strongly Support Renewing and Strengthening the Federal Assault Weapons Ban, Feb. 2004 (citing a
national survey of more than 1,000 adult Americans conducted by Opinion Research Corporation International from
February 18-22,2004, with a +/-3% margin of error); and The 2003 National Hunting Survey, Field & Stream, July
2003 (citing an informal survey of 2,897 readers).
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(2) Semi-automatic pistol, or any semi-automatic, centerfire rifle with a fixed magazine, that has
the capacity to accept more than 10 rounds of ammunition;
(3) Semi-automatic pistol that has the capacity to accept a detachable magazine and has one or
more of the following:
(i) Any feature capable of functioning as a protruding grip that can be held by the non-
trigger hand;
(ii) A folding, telescoping or thumbhole stock;
(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel,
allowing the bearer to hold the firearm with the non-trigger hand without being burned, but
excluding a slide that encloses the barrel;
(iv) A muzzle brake or muzzle compensator; or
(v) The capacity to accept a detachable magazine at any location outside of the pistol
grip;
(4) Semi-automatic shotgun that has one or more of the following:
(i) A pistol grip;
(ii) Any feature capable of functioning as a protruding grip that can be held by the non-
trigger hand;
(iii) A folding, telescoping or thumbhole stock;
(iv) A fixed magazine capacity in excess of 5 rounds; or
(v) An ability to accept a detachable magazine;
(5) Shotgun with a revolving cylinder;
(6) Conversion kit, part, or combination of parts, from which an assault weapon can be assembled
if those parts are in the possession or under the control of the same person.
(b) "Assault weapon" does not include any firearm that has been made permanently inoperable.
[Note: Some jurisdictions exclude from the definition of "assault weapon" antique firearms
(generally meaning firearms manufactured before 1899, although sometimes including replica
firearms) and weapons designed for Olympic target shooting events. However, these exceptions
are not required. Such categories of assault weapons also can be subject to registration rather than
an outright ban.]
(c) "Detachable magazine" means any ammunition feeding device, the function of which is to deliver one
or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the
use of any tool, including a bullet or ammunition cartridge.
(d) "Large capacity magazine" means any ammunition feeding device with the capacity to accept more
than 10 rounds, but shall not be construed to include any of the following:
60
(I) A feeding device that has been permanently altered so that it cannot accommodate more than
10 rounds.
(2) A 22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action firearm.
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(e) "Muzzle brake" means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce
recoil.
(f) "Muzzle compensator" means a device attached to the muzzle of a weapon that utilizes escaping gas to
control muzzle movement.
3. Prohibitions
(a) No person, corporation or other entity in the State/County/City may manufacture, import, possess,
purchase, sell or transfer any assault weapon or large capacity magazine.
(b) Section (a) shall not apply to:
(I) Any government officer, agent, or employee, member of the anned forces of the United States,
or peace officer, to the extent that such person is otherwise authorized to acquire or possess an
assault weapon and/or large capacity magazine, and does so while acting within the scope of his or
her duties; or
(2) The manufacture, sale or transfer of an assault weapon or large capacity ammunition feeding
device by a fireanns manufacturer or dealer that is properly licensed under federal, state and local
laws to any branch of the anned forces of the United States, or to a law enforcement agency in this
State/County/City for use by that agency or its employees for law enforcement purposes.
[Option 1- Banning assault weapons already in circulation: Section (J)(c)]
(c) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon
or large capacity magazine shall have 90 days from such effective date to do any of the following without
being subject to prosecution:
(1) Remove the assault weapon or large capacity magazine from the State/County/City;
(2) Render the assault weapon permanently inoperable; or
(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement
agency for destruction [subject to specific agency regulations].
(Option 2 - Registration of assault weapons already in circulation: Section (J)(c) through (g)]
(c) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon
or large capacity magazine shall have 90 days from such effective date to do any of the following without
being subject to prosecution:
(I) Remove the assault weapon or large capacity magazine from the State/County/City;
(2) Render the assault weapon permanently inoperable;
(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement
agency for destruction [subject to specific agency regulations]; or
(4) If eligible, register the assault weapon as provided in subsection (d).
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(d) Any person seeking to register an assault weapon that he or she legally possessed prior to the effective
date of this law must comply with the following requirements:
(1) Submit to a background check conducted by the appropriate law enforcement agency to
confirm that he or she is not a prohibited purchaser under 18 U.S.C. 922 [add the appropriate
state and local citations];
(2) Unless the person is currently prohibited by law from possessing a firearm, immediately
register the assault weapon with the appropriate law enforcement agency;
(3) Safely and securely store the assault weapon pursuant to the regulations adopted by the
appropriate law enforcement agency. Law enforcement is authorized to inspect the storage of
assault weapons to ensure compliance with this subsection;
(4) Annually renew the registration, subject to the completion of a new background check.
(5) Possess the assault weapon only on property owned or immediately controlled by the person,
or while on the premises of a licensed gunsmith for the purpose of lawful repair, or while engaged
in the legal use of the assault weapon at a duly licensed firing range, or while traveling to or from
these locations, provided that the assault weapon is stored unloaded in a locked container during
transport. The term "locked container" does not include the utility compartment, glove
compartment, or trunk of a motor vehicle.
(6) Report the loss or theft of a registered assault weapon to the appropriate law enforcement
agency within 48 hours of the time the discovery was made or should have been made.
(e) If a registered assault weapon is used in the commission of a crime, the registered owner shall
be civilly liable for any damages resulting from that crime. The liability imposed by this
subsection shall not apply if the assault weapon was stolen and the registered owner reported the
theft of the firearm to law enforcement within 48 hours of the time the discovery was made or
should have been made.
(f) Registered assault weapons may not be purchased, sold or transferred, except for transfer to a licensed
gunsmi th for the purpose of lawful repair, or transfer to the appropriate law enforcement agency for the
purpose of surrendering the assault weapon for destruction. Persons acquiring an assault weapon by
inheritance, bequest, or succession shall, within 90 days of acquiring title, do one of the following:
(I) ModifY the assault weapon to render it permanently inoperable; or
(2) Surrender the assault weapon to the appropriate law enforcement agency for destruction
[subject to specific agency regulations].
(g) Law enforcement may charge a fee for each registration and registration renewal pursuant to
Section (c).
4. Penalties
[Penalties vary significantly based on the standards of each state and local government. States almost
always make assault weapon violations a felony. Maximum penalties range from three to ]5 years in
prison (but may be lower for first-time offenders), and a fine of several thousand dollars is sometimes an
62 Legal Community AgaInst Violence
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additional penalty, depending on the circumstances. Local penalties are usually limited to one year in jail
and/or a $1,000 fine, although these penalties may be lower in some cases/jurisdictions. In almost all cases,
the weapons are subject to seizure and destruction.]
S. Severability
If any provision or tenn of this Chapter is for any reason declared unconstitutional or invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the
remaining portions of this Chapter or any part thereof. The State/County/City hereby declares that it would
have adopted this Chapter notwithstanding the unconstitutionality, invalidity or ineffectiveness of anyone
or more of its articles, sections, subsections, sentences or clauses.
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Statement of Professors of Constitutional Law: The Second Amendment and the
Constitutionality of the Proposed Gun Violence Prevention Legislation

January 30, 2013

Several proposed reforms to the nations gun laws, including universal background
checks and restrictions on high-capacity ammunition magazines and assault weapons,
are now pending before Congress. Concerns have been raised that these measures
might violate the Second Amendment. We, the undersigned professors with expertise
in constitutional law, write to address those concerns.

In 2008, the U.S. Supreme Court held that the Second Amendment, which provides, A
well regulated Militia, being necessary to the security of a free State, the right of the
people to keep and bear Arms, shall not be infringed, guarantees an individuals right
to have a functional firearm in the home for self-defense. The Courts decision in that
case, District of Columbia v. Heller, struck down a D.C. law that effectively barred the use
of any firearm for self-defense. The law is now clear that the government may not
completely disarm law-abiding, responsible citizens. The Court also made clear,
however, that many gun regulations remain constitutionally permissible. Like most
rights, the Court explained, the right secured by the Second Amendment is not
unlimited. Writing for the Court, Justice Antonin Scalia explained that restrictions on
dangerous and unusual weapons are constitutional and that nothing in our opinion
should be taken to cast doubt on laws that prohibit the possession of firearms by
felons or the mentally ill or laws that impose conditions and qualifications on the
commercial sale of arms.

In this sense, Justice Scalia recognized in Heller that, like other constitutional rights, the
Second Amendment is not an absolute. The First Amendment, for example, provides
that Congress shall make no law . . . abridging the freedom of speech, but the
Supreme Court has long and consistently held that some types of speech for example,
defamation, obscenity and threats can be regulated; that some people for example,
public employees, members of the military, students and prisoners are subject to
greater restrictions on their speech than others; and that the government can reasonably
regulate the time, place and manner of speech. As Justice Scalia explained in Heller, the
rights guaranteed by the Second Amendment are likewise subject to appropriate
regulation in order to enhance public safety.

In acknowledging the presumptive constitutionality of laws designed to prevent gun
violence, including restrictions on who has access to firearms and what types of
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firearms they may have, Heller is consistent with the history of the right to keep and
bear arms. The founding fathers who wrote and ratified the Second Amendment also
had laws to keep guns out of the hands of people thought to be untrustworthy. Such
laws were necessary to ensure that the citizen militia referenced in the Second
Amendment was well regulated. In the 1800s, many states restricted the sale or public
possession of concealable firearms. In the early twentieth century, the federal
government restricted access to unusually dangerous weapons, such as machine guns,
and states barred people convicted of certain felonies from possessing firearms. Laws
such as these were routinely upheld by the courts, which recognized the legitimacy of
legislative efforts to keep the most dangerous weapons out of the hands of the most
dangerous people.

While the permissibility of any particular reform depends on its details, the reforms
currently being considered by Congress are clearly consistent with the Second
Amendment. We express no view on the effectiveness or desirability of the policies
reflected in the various proposals, but we all agree that none infringes the core right
identified by the Court in Heller.

Universal background checks, especially those conducted instantaneously through the
National Instant Background Check System, do not impose a significant burden on law-
abiding citizens. Yet background checks may provide an important safeguard against
easy access to guns by members of criminal street gangs, other felons, and the mentally
ill. As with other rights that have eligibility criteria, such as the right to vote, the right to
keep and bear arms is not offended by neutral measures designed to ensure that only
eligible, law-abiding citizens exercise the right. Moreover, background checks imposed
at the point of sale are typical of the conditions and qualifications on the commercial
sale of arms recognized by the Supreme Court in Heller.

Restrictions on the manufacture and sale of high-capacity ammunition magazines and
assault weapons are also consistent with the Second Amendment. In a recent opinion
authored by Judge Douglas Ginsburg and joined by Judge Karen Henderson, the U.S.
Court of Appeals for the District of Columbia Circuit held that such regulations are
consistent with the Second Amendment and with the Supreme Courts decision in
Heller. The court of appeals recognized such weapons and magazines are not necessary
for individual self-defensewhat Heller called the core lawful purpose of the Second
Amendment. Restrictions on high-capacity magazines and assault weapons, the court of
appeals held, do not effectively disarm individuals or substantially affect their ability
to defend themselves. The Second Amendment, like the First Amendment, does not
prevent lawmakers from enacting reasonable regulations that do not seriously interfere
with the core right guaranteed by the Constitution.

The Supreme Court has clearly held that the Second Amendment preserves the right of
law-abiding citizens to have a firearm in the home for self-defense. As both the
historical tradition of the right to bear arms and the Courts decision suggest,
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reasonable and limited measures to enhance public safety that do not unduly burden
that right are consistent with the Second Amendment.

Signed,

Bruce Ackerman
Sterling Professor of Law and Political Science, Yale Law School

Albert W. Alschuler
Julius Kreeger Professor Emeritus, The University of Chicago Law School

Mitchell N. Berman
Richard Dale Endowed Chair in Law, The University of Texas School of Law

Ashutosh Bhagwat, Professor of Law
UC Davis School of Law

Joseph Blocher
Associate Professor of Law, Duke Law School

Lee C. Bollinger
President, Columbia University

Rebecca L. Brown
Newton Professor of Constitutional Law, USC Gould School of Law

Alan Brownstein
Professor of Law, Boochever and Bird Chair, UC Davis School of Law

Erwin Chemerinsky
Dean and Distinguished Professor of Law, UC Irvine School of Law

Dan T. Coenen
University Professor and Harmon W. Caldwell Chair, University of Georgia Law

Walter E. Dellinger III
Douglas B. Maggs Emeritus Professor of Law, Duke Law School

Michael C. Dorf
Robert S. Stevens Professor of Law, Cornell University Law School

Lee Epstein
Provost Professor and Rader Family Trustee Chair in Law, USC Gould School of Law

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Richard A. Epstein
Laurence A. Tisch Professor of Law, New York University School of Law

Daniel A. Farber
Sho Sato Professor of Law, UC Berkeley School of Law

Owen M. Fiss
Sterling Professor Emeritus of Law and Professorial Lecturer in Law, Yale Law School

Charles Fried
Beneficial Professor of Law, Harvard Law School

Barry Friedman
Jacob D. Fuchsberg Professor of Law, New York University School of Law

Risa Goluboff
Justice Thurgood Marshall Professor of Law, The University of Virginia School of Law

Jamal Greene
Professor of Law, Columbia Law School

H. Kent Greenfield
Professor of Law and Law Fund Research Scholar, Boston College Law School

Ariela Gross
John B. and Alice R. Sharp Professor of Law and History, USC Gould School of Law

Roderick M. Hills, Jr.,
William T. Comfort, III Professor of Law, New York University School of Law

Samuel Issacharoff
Bonnie and Richard Reiss Professor, New York University School of Law

John C. Jeffries, Jr.
David and Mary Harrison Distinguished Professor and former Dean, University of Virginia

Dawn Johnsen
Walter W. Foskett Professor of Law, Indiana University Maurer School of Law

Mark R. Killenbeck
Wylie H. Davis Distinguished Professor of Law, University of Arkansas School of Law

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Ronald J. Krotoszynski, Jr.
John S. Stone Chair, Professor of Law, University of Alabama

Carlton F.W. Larson
Professor of Law, UC Davis School of Law
Lawrence Lessig
Roy L. Furman Professor of Law, Harvard Law School

Sanford V. Levinson
W. St. John Garwood and W. St. John Garwood, Jr., Centennial Chair, University of Texas

William P. Marshall
William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina

Frank I. Michelman
Robert Walmsley University Professor, Emeritus, Harvard Law School

Darrell Miller
Professor of Law, University of Cincinnati College of Law

Alan B. Morrison
Lerner Family Associate Dean, The George Washington University Law School

Gene R. Nichol
Boyd Tinsley Distinguished Professor of Law, UNC School of Law

Spencer A. Overton
Professor of Law, The George Washington University Law School

Eric Posner
Kirkland & Ellis Distinguished Service Professor, The University of Chicago Law School

Lawrence Rosenthal
Professor of Law, Chapman University School of Law

Theodore Ruger
Professor of Law, University of Pennsylvania Law School

Jane S. Schacter
William Nelson Cromwell Professor of Law, Stanford Law School

Stephen J. Schulhofer
Robert B. McKay Professor of Law, New York University School of Law
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Neil S. Siegel
Professor of Law and Political Science, Duke Law School

Reva Siegel
Nicholas deB. Katzenbach Professor of Law, Yale Law School

Geoffrey R. Stone
Edward H. Levi Distinguished Service Professor and former Dean, The University of Chicago

David A. Strauss
Gerald Ratner Distinguished Service Professor of Law, The University of Chicago

Laurence H. Tribe
Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School

Mark Tushnet
William Nelson Cromwell Professor of Law, Harvard Law School

Jonathan D. Varat
Professor of Law and former Dean, UCLA School of Law

Keith Wehran
Ashton Phelps Chair of Constitutional Law, Tulane University School of Law

Adam Winkler
Professor of Law, UCLA School of Law

University affiliation provided for identification purposes only.
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The Violence Policy Center (VPC) is a national non-profit educational organization that
conducts research and public education on firearms violence and provides information and analysis to
policymakers, journalists, grassroots advocates, and the general public. The Center examines the role
of firearms in America, analyzes trends and patterns in firearms violence, and works to develop policies
to reduce gun-related death and injury.
This report was authored by VPC Legislative Director Kristen Rand and VPC Policy Analyst Marty
Langley. It was edited by VPC Publications Coordinator Aime Stenzel and VPC Executive Director Josh
Sugarmann.
This study was funded in part with the support of The David Bohnett Foundation, The California
Wellness Foundation, The George Gund Foundation, The Joyce Foundation, The John D. and Catherine
T. MacArthur Foundation, and The Streisand Foundation. Past studies released by the VPC include:
Firearms Production in America 2002 EditionA Listing of Firearm Manufacturers in America
with Production Histories Broken Out by Firearm Type and Caliber (March 2003)
Just Like Bird HuntingThe Threat to Civil Aviation from 50 Caliber Sniper Rifles (January
2003)
When Men Murder Women: An Analysis of 2000 Homicide Data (October 2002)
No Deal: The Drop in Federally Licensed Firearms Dealers in America (September 2002)
Sitting DucksThe Threat to the Chemical and Refinery Industry from 50 Caliber Sniper Rifles
(August 2002)
License to Kill IV: More Guns, More Crime (June 2002)
American Roulette: The Untold Story of Murder-Suicide in the United States (April 2002)
The U.S. Gun Industry and Others UnknownEvidence Debunking the Gun Industrys Claim that
Osama bin Laden Got His 50 Caliber Sniper Rifles from the U.S. Afghan-Aid Program (February
2002)
A .22 for ChristmasHow the Gun Industry Designs and Markets Firearms for Children and
Youth (December 2001)
Kids in the Line of Fire: Children, Handguns, and Homicide (November 2001)
Unintended Consequences: Pro-Handgun Experts Prove That Handguns Are a Dangerous Choice
For Self-Defense (November 2001)
Voting from the Rooftops: How the Gun Industry Armed Osama bin Laden, Other Foreign and
Domestic Terrorists, and Common Criminals with 50 Caliber Sniper Rifles (October 2001)
Shot Full of Holes: Deconstructing John Ashcrofts Second Amendment (July 2001)
Hispanics and Firearms Violence (May 2001)
Whered They Get Their Guns?An Analysis of the Firearms Used in High-Profile Shootings,
1963 to 2001 (April 2001)
A Deadly Myth: Women, Handguns, and Self-Defense (January 2001)
Handgun Licensing and Registration: What it Can and Cannot Do (September 2000)
Pocket Rockets: The Gun Industrys Sale of Increased Killing Power (July 2000)
Gunland USA: A State-by-State Ranking of Gun Shows, Gun Retailers, Machine Guns, and
Gun Manufacturers (June 2000)
Guns For Felons: How the NRA Works to Rearm Criminals (March 2000)
One Shot, One Kill: Civilian Sales of Military Sniper Rifles (May 1999)
Cease Fire: A Comprehensive Strategy to Reduce Firearms Violence (Revised, October 1997)
Violence Policy Center
1140 19th Street, NW
Suite 600
Washington, DC 20036
202-822-8200 phone
202-822-8205 fax
www.vpc.org web
May 2003
Violence Policy Center
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1
Jake Tapper, Gore Shoots Blanks on Guns, Salon, October 24, 2000.
2
Day 2, Morning Session of a Hearing of the Senate Judiciary Committee, Federal
News Service, January 17, 2001.
3
Shannon McCaffrey, In Surprise Move, Bush Backs Renewing Ban on Assault
Weapons, Knight Ridder/Tribune News Services, April 12, 2003.
Introduction
In 1994, Congress passed, and President Clinton signed, a ban on the production of
certain semiautomatic assault weapons as well as high-capacity ammunition magazines
that hold more than 10 rounds. The law banned specific assault weapons by name
and also classified as assault weapons semiautomatic firearms that could accept a
detachable ammunition magazine and had two additional assault weapon design
characteristics. The law is scheduled to end on September 13, 2004.
This study reveals the gun industrys efforts to evade the 1994 ban and documents
the significant threat assault weapons still pose to law enforcement. These facts
make clear the need to not only renew, but also strengthen, the ban before it expires
next year. Legislation will soon be introduced in the U.S. Congress to accomplish this
goal. Without action this Congress, the 1994 law will expire in 2004.
Both President Bush and Attorney General Ashcroft have expressed support for the
assault weapons ban. President Bushs support for the ban has been longstanding.
In October 2000, Bush campaign spokesperson Ray Sullivan told Salon magazine that
he would expect then-candidate Bush to reauthorize the ban.
1
That position was
reiterated by Attorney General John Ashcroft during his confirmation hearings on
January 17, 2001, when he stated, It is my understanding that the president-elect
of the United States has indicated his clear support for extending the assault weapon
ban, and I would be pleased to move forward that position, and to support that as a
policy of this president, and as a policy of the Justice Department.
2
Most recently,
in April of this year, White House spokesperson Scott McClellan told Knight Ridder
news service, The President supports the current law, and he supports reauthorization
of the current law."
3

This study contains three sections. Section One: Assault Weapons, the Gun Industry,
and Law Enforcement reveals how the firearms industry has evaded the current ban,
and how assault weapons continue to pose a stark threat to Americas law
enforcement personnel. Section Two: Law Enforcement Officers Killed in the Line of
Duty by Assault Weapons, 1998 Through 2001 is a chart listing the known incidents
of police officers killed by assault weapons, including year, state, manufacturer, model
of assault weapon, and caliber. Section Three: Selected Incidents of Law
Enforcement Officers Killed in the Line of Duty by Assault Weapons, 1998 Through
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4
Cop Killers: Assault Weapon Attacks on Americas Police, Violence Policy Center,
September 1995.
5
The law states, The term `semiautomatic assault weapon means(A) any of the
firearms, or copies or duplicates of the firearms in any caliber, known as(i) Norinco, Mitchell, and
Poly Technologies Avtomat Kalashnikovs (all models); (ii) Action Arms Israeli Military Industries UZI
and Galil; (iii) Beretta Ar70 (SC-70); (iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR, and
2
2001 offers expanded narratives for 15 of the law enforcement shootings that
occurred during this period. Each narrative also includes a representative illustration
of the model of assault weapon used in the shooting (each weapon shown is
representative of the brand or model of assault weapon and may not be identical to the
specific weapon used in the shooting detailed in the narrative).
Section One: Assault Weapons, the Gun Industry,
and Law Enforcement
Assault Weapons: A Clear Threat to Law Enforcement
A primary stimulus for the 1994 law was the severe threat that assault weapons pose
to law enforcement officers. Police and other law enforcement personnel were some
of the first victims of the assault weapon trend that emerged in the 1980s. For
example, in October 1984, a San Jose, California, police officer was gunned down
with an UZI carbine. In a high-profile shootout in April 1986, two agents from the
Federal Bureau of Investigation (FBI) were killed by robbery suspects wielding a Ruger
Mini-14 assault rifle. Five other agents were wounded in the gun battle. As high-
capacity assault weapons became more commonplace, police routinely complained that
they were being outgunned by suspects. As a result, major law enforcement
organizations supported passage of the 1994 federal assault weapons ban.
In 1995, the first full year in which the ban was implemented, police continued to be victims of assault weapons.
Approximately one in 10 of the 74 law enforcement officers killed in the line of duty in 1995 was slain with a banned
assault weapon.
4
The Gun Industry Evades the Law
Immediately after the 1994 law was enacted, the gun industry moved quickly to make
slight, cosmetic design changes in their post-ban guns to evade the law, a tactic the
industry dubbed sporterization. Of the nine assault weapon brand/types listed by
manufacturer in the law,
5
six of the brand/types have been re-marketed in new,
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FNC; (vi) SWD 10, M-11/9, and M-12; (vii) Steyr AUG; (viii) INTRATEC TEC-9, TEC-DC9 and
TEC-22; and (ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker
12....
6
Assault weapons that have not been reintroduced are the Beretta AR70, Street
Sweeper and Striker 12 assault shotguns (the latter two guns were re-classified by the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) as subject to the strict regulations of the National
Firearms Act of 1934), and Steyr AUG, although Steyr has begun marketing a new assault
weaponthe Vectorthat, like the AUG, is of a bullpup design.
7
Rock Rivers LE Tactical Carbine, Gun World (May 2003), p. 50.
3
sporterized configurations.
6
In fact, gunmakers openly boast of their ability to
circumvent the assault weapons ban. Their success is described in an August 2001
Gun World magazine article about the new Vepr II assault rifle, a sporterized version
of the AK-47:
In spite of assault rifle bans, bans on high capacity magazines, the rantings of
the anti-gun media and the rifles innate political incorrectness, the Kalashnikov
[AK-47], in various forms and guises, has flourished. Today there are probably
more models, accessories and parts to choose from than ever before.
Equally blunt was an article in the May 2003 issue of Gun World reviewing the LE
Tactical Carbine, a post-ban, sporterized AR-15 clone:
Strange as it seems, despite the hit U.S. citizens took with the passage of the
onerous crime bill of 1994 [which contained the federal assault weapons ban],
ARs are far from dead. Stunned momentarily, they sprang back with a
vengeance and seem better than ever. Purveyors abound producing post-ban
ARs for civilians and pre-ban models for government and law enforcement
agencies, and new companies are joining the fray.
7
Just such a post-ban AR, the Bushmaster XM15 M4 A3 assault rifle, was used by the
Washington, DC-area snipers to kill 10 and injure three in October 2002. The
Bushmaster is the poster child for the industrys success at evading the ban. The
snipers Bushmaster is even marketed as a Post-Ban Carbine. [Please see page four
for catalog copy.]
The industrys efforts have been aided by the fact that not all assault weapons are
covered by the 1994 ban. For example, assault weapons with more conventional
designs, such as the Ruger Mini-14, were not covered by the 1994 lawalthough gun
experts define them as assault weapons. Furthermore, any gun that was legally
possessed as of the date the 1994 law took effect may still be legally possessed and
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4
The Bushmaster XM15 used by the Washington, DC-area snipers to kill 10 and wound three in October 2002 is the poster child
for the gun industrys cynical efforts to circumvent the federal assault weapons ban. Maine-based Bushmaster even advertises
the gunbased on the banned Colt AR-15 assault rifleas a Post-Ban Carbine.
A-1260
4 Bushmaster Rifles .. Carbines Internet: WIfVVY'.bushnaaster.c:otn
BushDlaster XM1S M4 Type 16
11
Post-Ban carbine .
M4 ProfiLe BarreL Mini Y Comp Muzzle Brake' Fixed Length BATF Approved TeLe-style Stock
A npw rnodt>l from in 2001. this XMI5 E2S M4 lYPe Post-Ban Carbine features
a lightweight 14.5- Bdrrel ITldLllilied ill the M4 with a permanently
atU"lched Mini Y Comp muzzle brake. Tho:; configuration yield,. a total barrcllength of 16'
to comply VVlth Post -Ban regulations. A BATF approved fixed tele-style buttstod< is
i'lrldPd to complete the military look of this new carbine. The 14.5- barrel is chrome
lined in both bore dlld c.lkllI Il.Jer fur rrldllilllUITl lur'<.jevily d"U uf maintenance. M.
The barrel's button rifling. in a 1 II 9" right hand tvvi,.t, will ,.tabilizc;]
wide range of currently available ammunition with bullet weights up
to b<,l fJrains Ihe MlhAI ri,,,,,i roj">f'"rtllrp. (Pror <;iqhl <;y<;IPm offf'; hath
windage dnd elevation - e""vdli...,., Ldl ilJ'dled f,urn 300
to 800 meters. The two different ilfX'rtUrc-:; give either il short range,
quid: target acquisition sight picture or a smaller "peep" aperture
for long rii<;lronn" ;w-n ,,<tey ThP IPiP-<;lock <;tylf' hun:<;tock is pinned
dnd filled ill drl "UIJ"'II" lJ"U'>iliun ""'u BATF app,oved
for use on Post-Ban milnufactured c')rbincs
As with all other Bushmasters, the forged 7075T6
aim-roft 'l"rolity rollFmintlm rf'("f'ivp; rorf' finishPd in a non-
refle<..tive lIli!. "diU d l oucJi.e fu, uU'dIJility, and
include all M 16A2 design improvements such
as cartridge case deflector, last round bolt
hold-opPn ronri r-'li<.Pri tnr I"Tl-'Ig-'l7inf' .....
releil5e buttun pruleLliulI . A '[IiI.
manganese phosph,)te cO,)ting
insures complete protection
rogroin<;1 rorro<;i on or rtl<;t on
wr l el ",rlu ull'e' elll-'<r.oeu
steel parts. The M4- 16'
Carbine is shipped in a
lorl<:rohlp, harr! plastic
- LLKIII-'I,..le w,th 10
round magazine, carrying
sling, and Operator's Safety
ronnln<;tn,rtion M<'Inurol

Chrome
lined 8arrel
& MiniY Comp
Brake
<l-manentiy
.. Ill ii, vI<tu<)
SPECIFICATIONS:
XM1S M4 Type 16"
Post-Ban Carbine
........
(00:""" .... "'161)'1><)
0.-" L""!!'h }JI.l'I75 ro- ($8.6<;m)
8.Yn!IUongrh 16'lOI.'lIw.MiniYC"..,.,
(40.6=)
XM15 E2S
M4 1)tpe 'fiR Pan-Ban Carbine
{Model Number PCWAlX 14M4MY)
Call your FFL Dealer for Price.
BATF Approved,
Fixed Position,
Te/e-StyJe
Buttstock
ShipPQd with 10 Round Magazine,
Sling and Operator's Manual in
BU5hmarter's loc:kable riflc casc.
ORDERS 24 hrs.
1 aoo 998 7928
Bushmaster Value ! .. ,
This new carbine is also available in em .. A3" type
modeL including the Bushmaster riat-top Upper
Re<eiver <lnd Remov;]blc A3 Carry H<lndk' to offer
you the ultimate in sight and scope mn, ,nt,ng
versatility.
your FFL dealer for pric:ing on
ModeJ If PCWA3X 14M4MY
AI complete 9ushm<>ster Rifles "nd
( "'h'",", ""' shopped on thIS foam lined.
1,,,, 0 1ocl<:...t>Ie Cd""".
A $14.95
162 of 284
8
The Federal Bureau of Investigation data does not identify the firearm used in some
instances, in those cases the type of firearm is listed as unknown. Therefore, the number of law
enforcement officers killed with assault weapons may actually be higher. (This figure does not
include the 72 law enforcement deaths that resulted from the events of September 11, 2001. The
foreword of the FBIs Law Enforcement Officers Killed and Assaulted, 2001 states, Because a
catastrophe such as the September 11 attacks falls far outside the normal course of police
experience, the FBI has not included those fatalities in the 2001 rate, trend, or disposition tables for
to do so would skew the data and render analyses meaningless.) The year 2001 is the most recent
year for which complete information is available from the FBI.
9
Police Killings Baffling, State-Times/Morning Advocate, February 22, 2003.
5
transferred without restriction. With respect to high-capacity ammunition magazines,
manufacturers stockpiled thousands, or perhaps hundreds of thousands, of magazines
before the ban took effect. Those magazinessome of which can hold up to 75
rounds of ammunitionare still widely available.
Still a Threat to PoliceOne in Five Law Enforcement Officers Slain in the
Line of Duty is Killed With an Assault Weapon
The gun industrys evasion of the 1994 ban on assault weapons and high-capacity
ammunition magazines continues to put law enforcement officers at extreme risk.
Using data obtained from the Federal Bureau of Investigation, the Violence Policy
Center has determined that at least 41 of the 211 law enforcement officers slain in the
line of duty between January 1, 1998, and December 31, 2001, were killed with
assault weapons.
8
Using these figures, one in five law enforcement officers slain in
the line of duty was killed with an assault weapon.
While no comprehensive information is yet available for the years 2002 and 2003, it
is clear that law enforcement personnel continue to be killed by assault weapons. For
example, on February 20, 2003, in Alexandria, Louisiana, two police officers were
killed in an ambush with an AK-47-type assault rifle. Anthony Molette, age 25, had
a long criminal history, including a charge of attempted first-degree murder. The day
before the murders, Molette opened fire on an officer in his patrol car. The officer was
not hurt, but 18 to 20 rounds were fired into the vehicle. Molette bragged to his
friends about the shooting, prompting Alexandria police to search for him. When
officers arrived at Molettes residence to serve a warrant, Molette opened fire, fatally
wounding Officers Charles Ezernack, age 26, and Jeremy Jay Carruth, age 29.
Molette was shot and killed as he charged two other police officers.
9
The fact that from 1998 through 2001 one in five law enforcement officers slain in
the line of duty was killed with an assault weapon indicates that the ban in its current
form is inadequate to protect police and the public from the hazards presented by
assault weapons.
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10
Roth and Koper, Impact Evaluation of the Public Safety and Recreational Firearms
Use Protection Act of 1994 Final Report, Urban Institute, March 13, 1997.
6
According to the Urban Institutes 1997 study of the effects of the 1994 ban,
10
the
relatively high use of assault weapons in murders of police suggests that police gun
murders should be more sensitive to the effects of the ban than gun murders of
civilians. The stark reality that murders of law enforcement personnel committed
with assault weapons have not abated demonstrates the need to not only renew, but
significantly strengthen, the current ban.
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11
The SKS is not banned by name under the 1994 federal assault weapons ban. Only
SKS rifles that were modified to be defined as an assault weapon under Section (B) of the law were
affected by the ban. Section (B) defines a semiautomatic assault weapon as a semiautomatic
rifle that has an ability to accept a detachable ammunition magazine and has at least 2 of(i) a
folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the
weapon; (iii) a bayonet mount; (iv) a flash suppressor or threaded barrel designed to accommodate a
flash suppressor; and (v) a grenade launcher.... Legislation to be introduced this Congress would
explicitly ban any SKS able to accept a detachable ammunition magazine. Unless otherwise stated,
the exact configuration of SKS weapons used in police shootings cited in this study cannot be
determined.
7
Section Two: Law Enforcement Officers Killed in the Line of Duty by
Assault Weapons, 1998 Through 2001
Year State Manufacturer Model Caliber
1998 Alaska Colt AR-15 7.62mm
Georgia Iver Johnson M1 Carbine .30
Oregon Norinco SKS
11
7.62mm
New York Unknown MAC-11 9mm
California Armalite M151A .223
Mississippi Colt AR-15 .223
Mississippi Colt AR-15 .223
Michigan DPMS, Inc. AR-15 .223
Florida Unknown SKS 7.62mm
Colorado Unknown SKS 7.62mm
Texas Unknown AR-15 .223
Texas Unknown AR-15 .223
Missouri Unknown MAK 90 7.62mm
California Ruger Mini-14 .223
Indiana Norinco SKS 7.62mm
1999 California Ferunion/Hungarian
Arms
SA85 7.62mm
Indiana Norinco SKS 7.62mm
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Year State Manufacturer Model Caliber
12
Inconsistency between manufacturer and weapon type from FBI data.
8
New Jersey Intratec TEC-9 9mm
Arizona Unknown AK-47 7.62mm
California Norinco MAK 90 7.62mm
Oklahoma Colt AR-15 H-BAR .223
Texas Norinco MAK 90 Sporter 7.62mm
Texas Norinco MAK 90 7.62mm
2000 North Carolina Maadi ARM 7.62mm
Georgia Ruger AR-15
12
.223
California Colt CAR-15 .223
Texas Ruger Mini-14 .223
Georgia Intratec TEC-9 9mm
Maryland Unknown M1 Carbine .30
2001 California Unknown AR-15 .223
Florida SWD, Inc. M-11 9mm
Indiana Unknown AK-47 7.62mm
Kentucky Underwood M1 Carbine .30
Kentucky Underwood M1 Carbine .30
Michigan Unknown SKS 7.62mm
Tennessee Maadi MAK 90 7.62mm
Texas Unknown M-11 9mm
Texas Norinco SKS 7.62mm
Utah Norinco SKS 7.62mm
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13
Each weapon shown is representative of the brand or model of assault weapon and is
not a picture of the specific weapon used in the shooting described in the narrative.
9
Section Three: Selected Incidents of Law Enforcement Officers
Killed in the Line of Duty by Assault Weapons,
13

1998 Through 2001
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10
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11
Date: January 27, 1998
Location: Portland, Oregon
Assault Weapon: Norinco SKS 7.62mm rifle
On January 27, 1998, one police officer was killed and two were wounded with a Norinco
SKS 7.62mm rifle. The officers, working on a drug investigation in Portland, entered the
home of Steven Douglas Dons and were met with gunfire. Colleen Waibel, a six-year veteran,
was hit with multiple gunshots, becoming the first female officer killed in the line of duty in
Portland. Kim Keist, a 15-year veteran, was wounded in the chest and arm despite wearing
a bullet-proof vest. A third officer was treated for a gunshot wound to the hand. A neighbor
reported that Dons was known to have a large arsenal of weapons and that police had been
called to the house weeks before on a complaint of weapons being fired. Dons committed
suicide while awaiting trial.
Lauren Dodge, Three Portland Officers Ambushed at House; One Dead, Two Wounded, Associated
Press, January 28, 1998; Victim, Husband Have Mixed Feelings Over Apparent Suicide of
Suspect, The Columbian, February 26, 1998.
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12
Date: April 25, 1998
Location: Millbrae, California
Assault Weapon: Armalite M151A .223 rifle
On April 25, 1998, one police officer was killed with an Armalite M151A .223 rifle. Officer
David Chetcuti responded to another officers call for help in a traffic stop on the Millbrae
Avenue off-ramp of U.S. 101. Officer Seann Graham had pulled over Marvin Patrick Sullivan
for not having a current registration sticker for his vehicle. Sullivan, who was heavily armed
and had bombs strapped to his body, opened fire, wounding Officer Chetcuti. Chetcuti
returned fire hitting the suspect once in the side before being killed by two shots to the head
from close range. Several of the bullets penetrated Chetcutis bullet-proof vest, and more
than 40 bullet casings were recovered at the scene. Officer Graham escaped harm by diving
into a drainage ditch. Sullivan was arrested after leading several police cars in a chase across
the San Mateo Bridge. Sullivan has been repeatedly declared incompetent to stand trial, and
sent to a California state mental hospital.
Tyche Hendricks and Jim Herron Zamora, Cop Killing: No Fremont Tie, San Francisco Examiner,
April 27, 1998; Judge: Man isn't competent; Defendant Sent Back to Hospital in Millbrae Cop
Slaying Case, San Jose Mercury News, July 23, 2002.
A-1268
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170 of 284
13
Date: May 29, 1998
Location: Cortez, Colorado
Assault Weapon: SKS 7.62mm rifle
On May 29, 1998, one police officer was killed and two were wounded with an SKS 7.62mm
rifle. Officer Dale Claxton stopped a truck that had been reported stolen the day before. As
Officer Claxton was checking the stolen trucks license plate, a passenger in the truck fired
approximately 40 rounds through the front of Claxtons police cruiser. Montezuma County
Sheriffs Deputy Jason Bishop responded to the radio call of an officer being shot, and was
wounded as his cruiser was hit with approximately 40 more rounds from the SKS. Minutes
later, Deputy Todd Martin was wounded in the left arm and right leg. The three suspects,
described by authorities as anti-government, end-of-the-world-fearing survivalists, escaped
into Colorado. Two of the suspects were later found dead, while the third, Jason Wayne
McVean, is still at large.

Greg Burton, Posse Scours Badlands for 3 Cop Killers, Salt Lake Tribune, May 31, 1998; Julie
Cart, Answers Vanished Along With Four Corners Outlaw, Los Angeles Times, November 24,
1999.
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14
Date: July 7, 1998
Location: San Benito, Texas
Assault Weapon: AR-15 .223 rifle
On July 7, 1998, two U.S. Border Patrol agents were killed with an AR-15 .223 rifle. Ernie
Moore, reportedly enraged over a broken love affair, shot and wounded Dan Morin, who had
been dating Moores former girlfriend, and killed Morins mother and sister. Two hours later,
a shootout ensued between Moore and police officers resulting in the death of two Border
Patrol agents before Moore was fatally wounded. In addition to a cocaine habit, Moore had
a history of emotional problems and displayed Nazi posters and photos of Adolf Hitler in his
bedroom.
James Pinkerton, Two Border Patrol Agents Are Slain During Rampage, Houston Chronicle, July 8,
1998; Assault Rifle Costs Border Town $35M, National Law Journal, March 4, 2002.
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15
Date: November 29, 1998
Location: Los Angeles, California
Assault Weapon: Ruger Mini-14 .223 rifle
On November 29, 1998, Los Angeles Police Department training officer Brian Brown was
killed with a Ruger Mini-14 .223 rifle. Brown and his partner witnessed a drive-by shooting
in Culver City and attempted to stop the suspects. The gunmen fired multiple rounds from
the Mini-14, killing Officer Brown. Police shot and killed one of the suspects near the scene
while the other managed to commandeer a taxi, leading police on a five-mile chase before
also being fatally wounded.
Anthony Breznican, Three Dead, Including Police Officer, During Violent Arrest for Drive-By
Shooting, Los Angeles Times, December 1, 1998.
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16
Location: Oakland, California
Assault Weapon: MAK-90 or SA85 7.62mm rifle
On January 10, 1999, Officer James Williams was killed with a MAK-90 or SA85 7.62mm
rifle. Officer Williams was among a group of officers who were searching for a rifle that had
been discarded by the occupants of a vehicle that was involved in a chase with police. While
they were searching for the rifle, a gunman opened fire from a nearby overpass, killing Officer
Williams. Chad Rhodes was arrested and charged with special-circumstances murder,
attempted murder, three counts of firing an assault weapon, and possessing an assault
weapon. Rhodes pleaded guilty to second-degree murder and was sentenced to life in prison
without parole.
Henry K. Lee, Arrest in Oakland Sniper Slaying, San Francisco Chronicle, January 12, 1999; Henry
K. Lee, Sniper Suspect Enters Plea of Not Guilty, San Francisco Chronicle, February 6, 1999;
Man Pleads Guilty in Killing of Oakland Cop, San Francisco Chronicle, April 9, 2003.
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17
Date: April 8, 1999
Location: Orange, New Jersey
Assault Weapon: TEC-9 9mm pistol
On April 8, 1999, Officer Joyce Carnegie was killed with a TEC-9 9mm pistol. Condell
Woodson pleaded guilty to felony murder in the death of Officer Carnegie. Woodson claimed
that his gun accidentally went off, shooting Carnegie in the head and abdomen as she was
attempting to arrest Woodson for armed robbery. Woodson also pleaded guilty to robbery
and weapons offenses. Carnegie was the second policewoman killed in the line of duty in
New Jersey history.
Amy Westfeldt, Man Pleads Guilty to Policewomans Murder, Associated Press, May 13, 1999.
A-1273
TEC9 SERIES .. RUGGED, RELIABLE, AFFORDABLE .
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175 of 284
18
Date: June 12, 1999
Location: Orange County, California
Assault Weapon: MAK-90 or SA85 7.62mm rifle
On June 12, 1999, Sheriffs Deputy Brad Riches was killed with a MAK-90 or SA85 7.62mm
rifle. Deputy Riches was sitting in his patrol car outside a 7-Eleven when his police cruiser
was riddled with assault weapon fire. The 7-Eleven clerk said that a customer told him he
was carrying an AK-47-style assault rifle to shoot a police officer. Maurice Steksal was
convicted on November 19, 2002 of the first-degree murder of Deputy Riches.
Jack Leonard, Thousands Pay Last Respects to Slain Deputy, Los Angeles Times, June 17, 1999;
Greg Hardesty, Laborer Guilty of Deputys Murder, Orange County Register, November 20, 2002.
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19
Location: Lexington, North Carolina
Assault Weapon: Maadi 7.62mm rifle
On January 27, 2000, Sheriffs Deputy Todd Cook was killed with a Maadi 7.62mm rifle.
Deputy Cook was serving a warrant at the home of Christopher Lee Cooper who had been
accused of trespassing and was also wanted by Lexington police for questioning about a
statutory rape. Deputy Cook was shot at least five times from behind. After the shooting,
Cooper led police on a car chase that ended when he crashed through a roadblock. Officers
found Cooper dead in the car from a self-inflicted gunshot wound.
Piedmont Community Mourns Loss of Slain Deputy, Associated Press, January 29, 2000.
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20
Date: August 3, 2000
Location: San Marcos, Texas
Assault Weapon: Ruger Mini-14 .223 rifle
On August 3, 2000, State Trooper Randall Vetter was killed with a Ruger Mini-14 .223 rifle.
Trooper Vetter stopped 72-year-old Melvin Hale for not wearing his seat belt. Hale got out
of his car and aimed his rifle at Vetter because he believed the traffic stop violated his
constitutional rights. Vetter raised his pistol and ordered him to put down his gun. Hale fired
at least twice, hitting Vetter in the head as he sat in his patrol car. Six months earlier,
another San Marcos trooper had written a letter warning Hays County law enforcement
officers to exercise caution around Hale. The trooper said Hale had threatened him with a
rifle when he stopped at Hales ranch to ask about deer hunting on the 125-acre property.
Hale pleaded guilty to the shooting and was sentenced to life in prison.
Jason Spencer, A Somber Salute for a Fallen Officer, Austin American-Statesman, August 9,
2000; Trooper's Shooter Gets Life Sentence; 74-year-old Accepted Surprise Plea Agreement as
Jury Selection Began, Austin American-Statesman, January 24, 2002.
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21
Date: March 29, 2001
Location: San Antonio, Texas
Assault Weapon: M-11 assault pistol
On March 29, 2001, San Antonio Police Officer Hector Garza, age 48, was shot and killed
while responding to a domestic disturbance report. Jessica Garcia, age 21, had called police
to ask for an officers protection while she moved out of her home. When Garcias husband,
Frank, learned of her plans, he drove home and killed both Jessica and Officer Garzaa 25-
year police veteranby shooting them both in the head with an M-11 assault pistol. Frank
Garcia, 28, was arrested at the scene and charged with two counts of capital murder and
three counts of attempted murder. Garcia was convicted of the murders in February 2002.
Bill Hendricks, Cops Slaying Stuns City, San Antonio Express-News, March 30, 2001; Garcia
Gets Death Penalty; Cop Killer Sentenced, San Antonio Express-News, February 12, 2002.
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22
Date: April 4, 2001
Location: Detroit, Michigan
Assault Weapon: SKS assault rifle
On April 4, 2001, Detroit Police Officer Neil Wells, age 41, was fatally shot during a drug raid
at an abandoned apartment house. While on patrol, Wells and his partner received a
complaint of drug sales at the building. When the officers arrived, the gunman was waiting
in ambush behind a door. Wells was shot twice at close range with an SKS assault rifle.
Lamont Smith, age 21, was charged with murder and felony firearm violations. Smith was
convicted of second degree murder and sentenced to 60 to 90 years in prison.
Norman Sinclair, Gun Owner Sought in Cops Killing, The Detroit News, April 8, 2001; Man
Given 60-90 Years in Cop Killing, Detroit Free Press, January 16, 2002.
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23
Date: September 6, 2001
Location: Hamilton County, Tennessee
Assault Weapon: MAK 90 assault rifle
On September 6, 2001, Hamilton County Sheriffs Deputy Donald Bond, age 35, was shot
and killed when he stopped at a fruit and vegetable stand to check on a suspicious vehicle.
When Deputy Bond did not respond to a 2:18 AM call from his dispatcher, an alert was sent
out to locate him. A fellow deputy found Bond dead beside his patrol car, shot multiple times
with an MAK 90 assault rifle. Later that morning, acting on a tip, a SWAT team evacuated
the suspects street and waited for a chance to make an arrest. After observing Marlon
Duane Kiser, age 31, throw out a front panel of body armor and Deputy Bonds service
weapon, police arrested Kiser and charged him with first-degree murder. Kiser is awaiting
trial in the case.
Mike ONeal and Gary Tanner, Suspect Held in Deputys Death, Chattanooga Times Free
Press, September 7, 2001; Law Enforcement Officers Killed and Assaulted, 2001,
Federal Bureau of Investigation; Courts News Digest, Chattanooga Times Free Press,
February 18, 2003.
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24
Date: September 17, 2001
Location: Indianapolis, Indiana
Assault Weapon: AK-47 assault rifle
On September 17, 2001, Marion County Sheriffs Deputy Jason Baker, age 24, was killed
during a car chase and gun battle. On his way to a report of a domestic dispute, Deputy
Baker tried to make a traffic stop. The driver refused to stop and a chase ensued. Allen
Dumperth, a convicted felon, and Michael Shannon, both age 20, fired at Baker from their
fleeing car. When Bakers fellow officers found him, he was dead from a gunshot wound to
the head. The front and rear windows of his patrol car were shot out. After crashing his car,
Dumperth was shot and killed by members of the police SWAT team. Shannon later pleaded
guilty in court to shooting Deputy Baker.
Vic Ryckaert, Role in Deputy Death Brings 40 Years; 21-Year-Old Bought the Assault Rifles Used
by 2 Men Accused in Slaying of Jason Baker, Indianapolis Star, April 11, 2002.
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25
Date: November 13, 2001
Location: Nicholasville, Kentucky
Assault Weapon: M1 Carbine
Jessamine County Sheriffs Deputies Billy Ray Walls, age 28, and Chuck Morgan, age 51,
were shot and killed, and another deputy was wounded, when they tried to serve a warrant
for misdemeanor terroristic-threatening to Phillip Walker, age 75, on his drydocked houseboat.
Walker had threatened to kill a family member with a gun. While in the houseboat with the
deputies, Walker fired 11 shots from a 30-caliber M1 Carbine, killing Deputy Walls and fatally
injuring Deputy Morgan. Walker was killed in the gun battle.
Greg Kocher, Man Who Killed Deputy Fired 11 Times Police Say, Lexington Herald Leader,
November 15, 2001.
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~ 1 " 1 C"I. .11 Ca rbine ~ h lolding " ' ~ ... <:lock
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More Than Half of Mass Shooters Used Assault
Weapons and High-Capacity Magazines
Congress considers banning weapons that have caused carnage in shopping malls, schools, and city
streets.
By Mark Follman, Gavin Aronsen, and J aeah Lee | Wed Feb. 27, 2013 4:01 AM PST
The political fortunes of the Assault Weapons Ban of 2013 [1] have looked dim [2] from the start. But
as Congress considers the new legislation put forth by Sen. Dianne Feinstein (D-Calif.), one thing is
clear: If it were to pass, the bill would outlaw highly lethal firearms that dozens of mass shooters in the
United States have used to unleash carnage.
More than half of the killers we studied in our investigation of 62 mass shootings over the last three
decades [3] possessed weapons that would be banned by Feinstein's bill, including various semi-
automatic rifles, guns with military features, and handguns using magazines with more than 10 rounds.
The damage these weapons can cause has been on grim display since last summer, from Aurora to
Milwaukee to Minneapolis to Newtown, where attacks carried out with them left a total of 118 people
injured and dead [4].
Ultimately, "assault weapon" and "high-capacity magazine" are
political termsthere is no official or widely accepted definition [5]
for either, and different legislation has treated them differently [6].
Feinstein's new bill seeks to improve upon the 1994 ban she authored,
which expired in 2004; gun manufacturers easily sidestepped that law
[7] by making superficial modifications to their weapons.
The new legislation aims to outlaw weapons that let a shooter fire a
large number of bullets quickly without having to reload. Law
enforcement officials we consulted generally considered that to be a
reasonable approach for distinguishing between firearms used for sport or self-defense and military-style
weapons designed to maximize body counts.
"They got the most
shots," said a
Chicago teenager
who prefers high-
capacity
magazines. "You
can shoot forever."
Page 1of 4 More Than Half of Mass Shooters Used Assault Weapons and High-Capacity Magazines
6/21/2013 http://www.motherjones.com/print/217131
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Using the parameters of the new bill, we dove deeper into the data on mass shootings that we first began
gathering in J uly after the slaughter at the movie theater in Aurora, Colorado. We dug up additional
specific details on the perpetrators' guns and ammunition devices (often elusive, particularly with older
cases). In our initial analysis we had used broader criteria for "assault weapons," including some
modified shotguns and bolt-action rifles; now, our more detailed chart and data set use four categories of
firearms: semi-automatic handguns, rifles, revolvers, and shotguns. Across those four categories, we
account for assault weapons and guns using high-capacity magazines that would be specifically
outlawed by the new legislation. The data includes all guns recovered at the scene in each case, though
not all of them were used in the crimes. Using this criteria we found:
42 guns with high-capacity magazines, across 31 mass-shooting cases
20 assault weapons, across 14 mass-shooting cases
33 cases involving assault weapons or high-capacity magazines (or both)
A total of 48 of these weapons (accounting for the overlap between the two categories) would be illegal
under the new legislation.*
Feinstein's Assault Weapons Ban of 2013 isn't just about mass shootings, of course. By far the most
common weapons used in these cases are semi-automatic handgunsthe type of weapon also at the
heart of the daily gun violence plaguing American communities [8]. Banning high-capacity magazines
may be especially key with regard to these guns, not only because they're popular among mass shooters,
but also because they tend to increase casualties in street violence, as a veteran ATF agent explained [6]
to us in a recent interview.
The devices have appeal on the streets. A Chicago high school student [9] recently described his
preference for 30-round magazines to a reporter for This American Life: "They got the most shots. You
can shoot forever. Let out 15. Run back to where you going. Somebody else come out and let out five
more. There you go."
Don't miss our yearlong investigation into gun laws and mass shootings [10]. And click here for the
full view [11] of the below data set.
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Mother Jones' Investigation: Assault Weapons and High-Capacity Magazines
Case & location Date Guns possessed
Guns with
high-capacity
magazines
Assault weapons
per Feinstein bill
Sandy Hook Elementary - 12/14/2012 10mm Glock, 9mmSIG 4 2
Accent Signage Systems 9/27/2012 9mm Glock semiautoma 1 0
Sikh temple - Oak Creek, W 8/5/2012 9mmSpringfield Armory 1 0
Aurora movie theater - CO 7/20/2012 Two .40-caliber Glock se 2 1
Seattle cafe - WA 5/20/2012 Two .45-caliber semiaut unknown 0
Oikos University - Oaklan 4/2/2012 .45-caliber semiautomat 0 0
Su Jung Health Sauna - N 2/22/2012 .45-caliber semiautomat unknown 0
Hair salon - Seal Beach, C 10/14/2011 .45-caliber Heckler & Ko unknown 0
IHOP - Carson City, NV 9/6/2011 AK-47 Norinco Arms var 2 2
Tucson shooting - AZ 1/8/2011 9mmGlock 19 semiauto 1 0
Hartford Distributors - Ma 8/3/2010 Two 9mm Ruger SR9 se 1 0
Coffee shop - Parkland, W 11/29/2009 9mm Glock 17 semiauto unknown 0
Fort Hood massacre - TX 11/5/2009 FN Five-seveN semiauto 1 0
Immigration center - Bing 4/3/2009 9mm Beretta, .45-calibe 1 0
Nursing home - Carthage, 3/29/2009 Winchester 1300 pump- 0 0
Atlantis Plastics - Hender 6/25/2008 .45-caliber Hi-Point sem unknown 0
Northern Illinois Universit 2/14/2008 9mm Glock 19, Hi-Point 3 0
City Council - Kirkwood, W 2/7/2008 .40-caliber Smith & Wes unknown 0
Westroads Mall - Omaha 12/5/2007 WASR-10 Century Arms 1 1
Homecoming party - Cran 10/7/2007 AR-15 SWAT semiautom unknown 1
Virginia Tech - Blacksburg 4/16/2007 9mm Glock 19, .22-calib 2 0
Trolley Square - Salt Lake 2/12/2007 Mossberg Maverick 88 F 0 0
Amish school - Lancaster 10/2/2006 Springfield semiautomat unknown 0
Capitol Hill afterparty - Se 3/25/2006 .40-caliber Ruger, one o unknown 1
Goleta post office - CA 1/30/2006 9mm Smith & Wesson 9 1 0
Red Lake Senior High Sch 3/21/2005 .40-caliber Glock 23, .22 unknown 0
Living Church of God - Br 3/12/2005 9mm Beretta semiautom unknown 0
Damageplan show - Colum 12/8/2004 9mm Beretta 92FS sem unknown 0
Lockheed Martin - Meridia 7/8/2003 .45-caliber Ruger P90 s unknown 0
Navistar - Melrose Park, IL 2/5/2001 SKS 1954R, .30-caliber unknown 0
Edgewater Technology - W 12/26/2000 .32-caliber Retolaza sem 1 1
Radisson Bay Harbor Inn 12/30/1999 9mm Lorcin semiautoma unknown 0
Xerox office - Honolulu 11/2/1999 9mm Glock 17 semiauto 1 0
Wedgwood Baptist - Fort 9/15/1999 .380-caliber, 9mm Ruge 1 0
Day trader spree - Atlanta 7/29/1999 .45-caliber Colt 1911-A1 unknown 0
Columbine High School - 4/20/1999 9mm Intratec DC-9 sem 1 2
Thurston High School - Sp 5/21/1998 9mm Glock, .22-caliber 2 0
Westside Middle School - 3/24/1998 FIE 380, .380-caliber St 1 0
Connecticut Lottery - New 3/6/1998 9mm semiautomatic han 1 0
Caltrans maintenance yar 12/18/1997 7.62mm AK-47 Chinese 1 1
R.E. Phelon - Aiken, SC 9/15/1997 9mm semiautomatic han unknown 0
Municipal trailer - Fort Lau 2/9/1996 9mm Glock semiautoma unknown 0
Walter Rossler - Corpus C 4/3/1995 9mm Ruger semiautoma unknown 0
Fairchild Air Force Base - 6/20/1994 MAK-90 semiautomatic 1 1
Chuck E. Cheese's - Auro 12/14/1993 .25-caliber semiautomat unknown 0
Long Island Rail Road - G 12/7/1993 9mm Ruger P89 semiau 1 0
Luigi's - Fayetteville, NC 8/6/1993 .22-caliber rifle; two 12-g unknown 0
101 California Street - San 7/1/1993 Two Intratec DC-9, .45-c 3 2
County office - Watkins G 10/15/1992 9mmLlama semiautoma unknown 0
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Source URL: http://www.motherjones.com/politics/2013/02/assault-weapons-high-capacity-magazines-
mass-shootings-feinstein
Links:
[1] http://www.feinstein.senate.gov/public/index.cfm/assault-weapons-ban-summary
[2] http://www.motherjones.com/mojo/2013/01/assault-weapons-ban-just-doesnt-have-votes
[3] http://www.motherjones.com/politics/2012/07/mass-shootings-map
[4] http://www.motherjones.com/politics/2012/12/mass-shootings-victims-2012
[5] http://www.nytimes.com/2013/01/17/us/even-defining-assault-weapons-is-complicated.html?
_r=0&pagewanted=all
[6] http://www.motherjones.com/politics/2013/01/high-capacity-magazines-mass-shootings
[7] http://www.washingtonpost.com/blogs/wonkblog/wp/2012/12/17/everything-you-need-to-know-
about-banning-assault-weapons-in-one-post/
[8] http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/expanded-
homicide-data-table-8
[9] http://www.thisamericanlife.org/radio-archives/episode/488/transcript
[10] http://www.motherjones.com/special-reports/2012/12/guns-in-america-mass-shootings
[11] https://docs.google.com/spreadsheet/ccc?
key=0Ah9Oqlm_qMOGdDJ MczNPMXJ Udmx6andjX1lnTG93N0E#gid=0
Correction: Due to a labeling mistake, the chart at the top originally showed a total of 62 weapons
rather than 48.
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ANALYSIS OF RECENT MASS SHOOTINGS

Mayors Against Illegal Guns conducted a comprehensive analysis of every mass shooting
between January 2009 and January 2013 that was identifiable through FBI data and media
reports. This report describes the 56 mass shootingsmore than one per monththat
occurred in 30 states
1
in the four-year period. Each description includes the location of the
shooting, number of people killed and/or injured, and information on the shooter, guns,
ammunition, and gun purchase where available.
For purposes of tracking crime data, the FBI defines mass shooting as any incident where at
least four people were murdered with a gun.
2
Mayors Against Illegal Guns identified these
shootings by reviewing mass shootings in the FBIs Supplementary Homicide Reports from
2009-2011, the most recent data available, and by searching the media for further details about
those incidents as well as for mass shootings that occurred in 2012.
This survey adopts strict, straightforward criteria for including shooting incidents, making it a
representative sample of shootings in which at least four people were murdered with a gun.
3
The
findings reveal a different portrait of mass shootings in America than conventional wisdom
might suggest:
! Small share of gun violence: Mass shootings represent a small share of total U.S. firearm
homicides. Less than one percent of gun murder victims recorded by the FBI in 2010 were
killed in incidents with four or more victims.
! Role of assault weapons and high-capacity magazines: Assault weapons or high-capacity
magazines were used in at least 13 of the incidents (23%). These incidents resulted in an
average of 14.8 total people shot 135% more people shot than in other incidents (6.8)
and 8.0 deaths 57% more deaths than in other incidents (5.1).
! Domestic or family violence: There was a noteworthy connection between mass shooting
incidents and domestic or family violence. In at least 32 of the cases (57%), the shooter killed
a current or former spouse or intimate partner or other family member, and at least 8 of those
shooters had a prior domestic violence charge.
! Mental health: We did not find evidence that any of the shooters were prohibited from
possessing guns by federal law because they had been adjudicated mentally ill or
involuntarily committed for treatment. In 4 of the 56 incidents (7%), we found evidence that
concerns about the mental health of the shooter had been brought to the attention of a
medical practitioner, school official or legal authority prior to the shooting.
4

1
AL, AR, AZ, CA, CO, CT, DC, GA, ID, IL, IN, KS, KY, LA, MA, MD, MN, MO, NC, NM, NV, NY, OH, SC, TX, VA, WA,
WI, WV, and WY.
2
A 2005 FBI crime classification report defines a mass murderer as having killed four or more people in a single incident.
Available online: http://1.usa.gov/Vs05uQ
3
Availability of FBI data for 2009-11 but not for 2012 resulted in a sample that is more comprehensive in the earlier period and
subject to greater reporting bias in the final year. With the assistance of FBI data, Mayors Against Illegal Guns identified an
average of 16 mass shootings per year from 2009-11; but exhaustive press searching for 2012 yielded only 8 mass shootings.
4
In another 4 incidents (7%), the shooters mental health problems were known to friends or family but were not reported or
known more widely until after the shooting.
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Mayors Against Illegal Guns

2

! Role of prohibited possessors: Certain categories of people, including felons, certain
domestic abusers, and people adjudicated mentally ill are prohibited by federal law from
possessing guns.
5
We had sufficient evidence to judge whether the shooter was a prohibited
gun possessor in 42 of the 56 incidents (74%). Of those 42 incidents, 15 (36%) involved a
prohibited possessor, and 27 (64%) did not.
! Gun-free zones: Thirty-two of the 56 incidents (56%) took place wholly in private
residences. Of the 24 incidents in public spaces, at least 11 took place wholly or in part
where concealed guns could be lawfully carried. All told, no more than 13 of the shootings
(23%) took place entirely in public spaces that were so-called gun-free zones.
! Suicide: In 26 of the 56 incidents (46%), the shooter committed suicide during the incident.
! Schools: Three of the 56 shooting incidents (5%) took place in schools, including primary,
secondary, and college campuses.
! Law enforcement: In 6 of the 56 shootings (11%), law enforcement or military officers were
targeted in the shooting or killed or injured responding to it.
! Workplace shootings: Two of the 56 shootings (4%) occurred at the shooters current or
former workplace.

MASS SHOOTING INCIDENTS, JANUARY 2009-JANUARY 2013,
(in reverse chronological order)

! Albuquerque, NM, 1/19/13: The shooter killed his parents and three siblings in their home.
He then loaded a van with guns and ammunition with the intent to kill his girlfriends family
and die in a shootout at Wal-Mart, according to court documents. Instead, he spent the next
day with his girlfriend and her family and went to a church he regularly attended, where he
was arrested for murder after speaking with the pastor.
" Shooter Name: Nehemiah Griego, 15
" Gun details: AR-15 assault rifle, .22 rifle, and two shotguns
" Ammo details: Unknown
" Gun acquired: The guns had been legally purchased by his parents.
" Prohibiting criteria: As a juvenile, the shooter was prohibited from purchasing firearms,
but it was lawful for him to possess long guns like those used in the incident.

! Newtown, CT (Sandy Hook Elementary School), 12/14/12: The shooter killed his mother
in her home and then traveled to a nearby elementary school where he shot twenty-eight
people, killing twenty-six of them, including twenty children, before killing himself.
" Shooter Name: Adam Peter Lanza, 20
" Gun details: A Bushmaster .223 assault-style rifle was used in the attack at the
elementary school. A 10mm Glock handgun, a 9mm SIG Sauer handgun, and a shotgun
were also recovered at the crime scene.

5
18 U.S.C. 922(a)(6).
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3

" Ammo details: Lanza was carrying multiple high-capacity clips, reportedly enough
ammunition to kill nearly every student at school.
" Gun acquired: The guns were legally registered to Lanzas mother, who he shot and
killed earlier in the day and with whom he lived.
" Prohibiting criteria: Under Connecticut law, Lanza would have been prohibited from
possessing handguns because he had not reached the legal age, 21. However, he would
not have been prohibited from possessing a long gun like the Bushmaster rifle used in the
shooting. Lanzas mental health was also scrutinized after the shooting, and while his
social isolation had been noted, we did not find evidence that concerns had been brought
to the attention of a public authority.

! Minneapolis, MN, 9/27/12: The shooter killed six people and injured two at a signage
business, from which he was fired earlier in the day, before killing himself.
" Shooter Name: Andrew John Engeldinger, 36
" Gun details: Glock 9mm semiautomatic handgun
" Ammo details: Engeldinger fired at least 46 bullets during the shooting. At his home,
police recovered packaging for 10,000 rounds of ammunition.
" Gun acquired: Engeldinger purchased the gun used in the shooting one year before at
KGS Guns and Ammo in Minneapolis after passing a background check and obtaining a
permit-to-purchase. Around the same time, Engeldinger purchased another, similar
handgun that police recovered when searching his home.
" Prohibiting criteria: Engeldinger had a concealed carry permit and was not prohibited
from possessing a gun. But his family suspected he had paranoid schizophrenia and two
years before the shooting they reached out on his behalf to the National Alliance on
Mental Illness. Engeldinger did not pursue treatment.
" Online connection: According to Minneapolis Police, Engeldinger may have purchased
some or all of his stockpiled ammunition online from out-of-state dealers.

! Oak Creek, WI, 8/5/12: The shooter killed six people at a Sikh temple and injured three
others, including a responding police officer, before killing himself.
" Shooter Name: Wade Michael Page, 40
" Gun details: 9mm semiautomatic handgun
" Ammo details: Page reportedly bought three 19-round magazines when he purchased the
gun.
" Gun acquired: Page acquired the gun at a local gun shop a week before the shooting.
" Prohibiting criteria: Page was involved with the white supremacist movement but he
does not appear to have been prohibited from purchasing a gun. Federal officials
investigated Pages ties to supremacist groups more than once prior to the shooting, but
did not collect enough evidence to open an investigation.
" Not a gun-free zone: Nothing restricted the possession of a firearm on the property.
Wisconsin state law permits people to carry their guns in temples and other places of
worship unless there is a sign or they have been personally notified that carrying firearms
is prohibited by the property owner or occupant. Amardeep Kaleka, whose father founded
the temple and was killed during the attack, confirmed that there was no such sign on the
property.
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! Aurora, Co, 7/20/12: The shooter killed twelve and wounded fifty-eight in an attack on a
suburban movie theater during a midnight screening of Batman.
" Shooter Name: James Holmes, 24
" Gun details: Smith & Wesson AR-15 assault-style rifle, Remington 870 12-gauge
shotgun, and two Glock .40 caliber handguns.
" Ammo details: Holmes had a 100-round drum magazine for the AR-15 and reportedly
only ceased firing with it when it jammed.
" Gun acquired: Holmes acquired the guns at local gun shops.
" Prohibiting criteria: While a student at the University of Colorado, Holmes was treated
by the school psychiatrist, who expressed concern about his behavior and referred him to
the university Behavioral Evaluation and Threat Assessment (BETA) team. They took no
further action and he was never adjudicated mentally ill.
" Online connection: Holmes purchased over 6,000 rounds of ammunition online.

! Newton Falls, OH, 7/6/12: The shooter killed his girlfriend, another couple, and their son in
two separate shootings, before being cornered by the police and killing himself.
" Shooter Name: Robert Brazzon, 55
" Gun details: Unknown
" Gun acquired: Unknown
" Prohibiting criteria: Brazzon had previously pled guilty to felony drug trafficking after
police seized 47 guns from his home in 1999 (the guns were later returned to Brazzons
brother and son following a court petition). But due to Ohio laws that provide for the
restoration of felons firearm rights, it is unclear whether Brazzon was prohibited from
possessing firearms at the time of the shooting.

! Seattle, WA, 5/20/12: The shooter killed five people in a string of neighborhood shootings
that began in a coffee shop, and later killed himself.
" Shooter Name: Ian Lee Stawicki, 40
" Gun details: At least one Para-Ordnance .45 caliber handgun some reports say he
carried two.
" Gun acquired: Stawicki legally purchased the weapon used in the shooting in addition to
two others.
" Prohibiting criteria: The shooter was a concealed carry permit holder but had a history
of mental illness. Before the shooting, Stawickis family attempted to have his concealed
carry permit revoked. Stawickis family had become concerned that his mental health had
worsened. However, his family was rebuffed by authorities, who said they had no legal
basis to revoke Stawickis permit on claims about Stawickis behavior alone.

! Oakland, CA (Oikos University), 4/2/12: The shooter killed seven people at a Korean
Christian college, where he had formerly been a student.
" Shooter Name: One L. Goh, 43
" Gun details: .45 caliber handgun
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5

" Ammo details: Goh was armed with four magazines of ammunition, holding 10 rounds
each.
" Gun acquired: The gun was purchased legally in California two months before the
shooting.
" Prohibiting criteria: None apparent, though Goh was expelled from the school for
disciplinary problems.

! Norcross, GA, 2/20/12: The shooter returned to a Korean spa from which he'd been kicked
out after an altercation, where he shot and killed two of his sisters and their husbands before
committing suicide.
" Shooter Name: Jeong Soo Paek, 59
" Gun acquired: Police reported that he acquired the gun legally.
" Prohibiting criteria: Paek does not appear to have been prohibited, although he had
allegedly served two months in jail for assaulting his sister six years earlier.
" Not a gun-free zone: We could find no indication that the property owner forbade
possession of a firearm on their property.

! Grapevine, TX, 12/25/11: The shooter killed his estranged wife, two children, and three
other family members as they opened their Christmas presents, before killing himself. The
shooters wife had filed for bankruptcy in August 2010 and reportedly separated from him
during the proceedings, moving to the apartment complex where the shooting took place.
" Shooter Name: Aziz Yazdanpanah, 56
" Gun details: 9mm and .40 caliber handguns
" Gun acquired: The 9mm was purchased in 1996 and registered to the shooter.
" Prohibiting criteria: In 1996, the shooter pled guilty to one count of subscribing to a
false income tax return, and was fined $1000 and placed on three years probation. But
police said the 9mm was legally registered to the shooter and there is no evidence that he
was otherwise prohibited from purchasing a gun.

! Gargatha, VA, 12/15/11: The shooter killed two of his children, their mother, and the man
she was living with before killing himself. The shooter was reportedly involved in a custody
dispute with the woman at the time of her death.
" Shooter Name: Esteban Quintero-Gonzales, 37
" Prohibiting criteria: Unknown

! Bay City, TX, 11/30/11: The shooter and his wife argued in their mobile home, and when
she exited he shot her three times in the front yard, injuring her, before killing his four
children aged 2 to 5 and then killing himself.
" Shooter Name: Jose Avila-Alva, 24
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6

" Gun details: .22 caliber revolver
" Gun acquired: The handgun was reported stolen in 2010.
" Prohibiting criteria: The shooter was not a legal resident of the U.S., and had been
deported to Mexico in 2006 for unlawful entry, which would have prohibited him from
purchasing a gun. One week earlier, on November 22,

2011, the shooters wife filed an
assault report against him and was taken to a crisis center by police, but she did not press
charges.

! Liberty, SC, 10/14/11: The shooter killed her ex-husband, two sons, and their step-
grandmother. When investigators arrived, she told them one of her sons had committed the
homicides and then killed himself, but this story was inconsistent with forensic evidence.
Nine days after the shooting she was taken into custody and charged with four counts of
homicide. She had reportedly taken out a $700,000 life insurance policy for her family
members with herself named as the beneficiary.
" Shooter Name: Susan Diane Hendricks, 48
" Prohibiting criteria: In April 2006, Susan Hendricks shot and killed Doyle OBrian
Teaguein in her home after he had allegedly entered uninvited and threatened her. No
charges were filed against Hendricks at the time, and the case was never closed. There is
no evidence that she was prohibited from possessing a gun in 2011.

! Seal Beach, CA, 10/12/11: The shooter injured one and killed eight at a hair salon, including
his ex-wife, before being taken into police custody.
" Shooter Name: Scott Evans Dekraai, 41
" Gun details: Dekraai carried 3 handguns a 9 mm Springfield, a Heckler & Koch .45,
and a Smith & Wesson .44 Magnum and used at least two in the shooting.
" Ammo details: News articles say Dekraai was carrying extra ammunition when the
shooting began.
" Gun acquired: All three guns were purchased legally and registered in accordance with
California law.
" Prohibiting criteria: Dekraai was subject to a restraining order that specifically
prohibited him from possessing guns, but the order expired in 2008. Dekraai had been
diagnosed with Post Traumatic Stress Disorder, and during a custody suit his ex-wife had
filed court papers claiming that he was mentally unstable and had threatened to kill
himself or someone else at least once.

! Laurel, IN, 9/26/11: The shooter killed a man, the mans estranged wife, their two children,
and a neighbor. The male victim reportedly had sold the addictive pain-reliever Oxycontin to
the shooter, and on the day of the murders they had argued over the price.
" Shooter Name: David E. Ison, 46
" Gun details: A .380 caliber handgun was used in the slayings. Another stolen .380
handgun and an AK-47 were recovered during the investigation.
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" Prohibiting criteria: The shooter had a lengthy criminal record, including a conviction
for armed robbery, which would have prohibited him from possessing a gun, and at the
time of the murders was on probation for 10 counts of burglary.

! Carson City, NV (IHOP Shooting), 9/6/2011: The shooter killed four people at an IHOP
restaurant, including three National Guard members, before killing himself.
" Shooter Name: Eduardo Sencion, 32
" Gun details: A Norinco Mak 90 assault rifle that had been illegally modified into a fully
automatic machine gun. A Romarm/Cugir AK-47 type assault rifle and a Glock 26
semiautomatic handgun were also recovered.
" Ammo details: Police recovered 450 rounds of AK-47 ammunition from Sencions van
and box upon box of additional ammunition at his home.
" Gun acquired: Five years earlier, the gun had been sold by a private party in California
to an unknown buyer.
" Prohibiting criteria: Sencion was taken into protective custody during a mental health
commitment in April 2000 but no court order was involved and it remains unclear if a
record of the incident was reported to the NICS database.
" Not a gun-free zone: IHOP allows individual franchises to determine their own firearm
policies, and this franchise allows concealed carrying of firearms on the premises.

! Monongalia County, WV, 9/6/2011: The shooter killed five people and injured one before
fleeing from the police and then killing himself.
" Shooter Name: Shayne Riggleman, 22
" Gun details: A .30-.30 rifle was used. A second rifle and a .22 caliber pistol were also
recovered.
" Prohibiting criteria: In 2008, Riggleman was sentenced to 14 months in prison for
armed robbery, an offense that would prohibit him from possessing firearms, though it is
possible his rights were restored under West Virginia law.

! Wheatland, WY, 7/30/11: The shooter killed his three sons and his brother and shot and
injured his wife before surrendering to police. His wife later reported he had become upset
because he wanted to keep the curtains of their home drawn to prevent the neighbors from
looking inside.
" Shooter Name: Everett E. Conant III
" Gun details: Two semiautomatic handguns were used in the shooting. A shotgun and a
rifle were also recovered.
" Ammo details: Police testified that about 50 rounds were fired during the incident.
" Prohibiting criteria: The police reported that the shooter did not have a criminal record.
There is no evidence to indicate he was prohibited from possessing a gun.

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! Grand Prairie, TX, 6/25/11: The shooter killed his wife and four of her family members at
his daughters birthday party before killing himself.
" Shooter Name: Tan Do, 35
" Gun details: Reported to be a handgun
" Prohibiting criteria: Tan Do had a history of domestic violence. His wife had obtained a
protective order against him but had withdrawn it earlier that year against the advice of a
prosecutor.

! Medford, NY, 6/9/11: The shooter killed four people at a pharmacy, Haven Drugs, and stole
thousands of hydrocodone pills before fleeing in a vehicle. During the trial he acknowledged
that he and his wife were addicted to prescription medication.
" Shooter Name: David Laffer
" Gun details: A .45 caliber handgun was used in the shooting. Several other legally
registered guns were also recovered from the shooters home.
" Prohibiting criteria: The gun was legally registered to the shooter, and there is no
evidence he was prohibited from possessing a gun. But five months before the shooting,
Suffolk County Detective Kenneth Ripp investigated an identity theft claim made by the
shooters mother, who said the shooter had stolen her debit card. After questioning the
shooter and his mother, Ripp advised the Suffolk County Pistol License Bureau that the
shooter was dangerous and that his guns should be confiscated. Despite Ripps report, the
guns were not removed.
" Gun-free zone: We could find no evidence that Haven Drugs posted a sign or had a
policy prohibiting the carrying of firearms. Current employees declined to comment.

! Yuma, AZ, 6/2/11: In a series of separate shootings over a five-hour period, a gunman shot
and killed his ex-wife, three of her friends, and her attorney, before killing himself.
" Shooter Name: Carey H. Dyess, 73
" Gun details: Handgun
" Prohibiting criteria: Dyesss ex-wife alleged there had been domestic abuse and a judge
had issued an order of protection against him in 2006, but there is no evidence that he
was a prohibited from possessing firearms at the time of the shooting.

! Ammon, ID, 5/11/11: The shooter killed his two infant children, their mother, and her sister
before setting fire to the house and shooting himself. He had separated from the victim
several months before the incident, and in the week before the shooting he had sent her
harassing text messages.
" Shooter Name: Gaylin Leirmoe
" Ammo details: Eight shots were fired during the shooting.
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" Prohibiting criteria: In October 2009, the shooter was charged with misdemeanor
battery for domestic violence with no traumatic injury after hitting his girlfriend the
woman he would ultimately kill at her birthday celebration. The charges were later
dismissed. There is no evidence that he was prohibited from possessing a gun.

! Oak Harbor, Ohio, 4/16/11: The shooter killed his wife and three children, age 1 to 4,
before killing himself.
" Shooter Name: Alan Atwater
" Gun details: .22 caliber rifle, shotgun
" Prohibiting criteria: The shooter and his wife separately reported to friends that in the
past he had held her against a wall and choked her. But there is no evidence he was
prohibited from possessing a gun.

! Willowbrook, CA, 2/1/11: Two brothers, their uncle, and their cousin were shot and killed
by an unknown assailant on the patio of their home.
" Shooter Name: Unknown
" Ammo details: Witnesses reported that the shooting was loud and continuous. Police
believe a semiautomatic weapon was used.
Prohibiting criteria: Unknown

! Tucson, AZ, 1/8/11: The shooter attacked a constituent event hosted by Congresswoman
Gabrielle Giffords, killing six and wounding fourteen, including Giffords, before he was
subdued.
" Shooter Name: Jared Loughner, 22
" Gun details: 9mm Glock 19 semiautomatic handgun
" Ammo details: 33-round magazine
" Gun acquired: Loughner passed a background check and purchased the Glock handgun
at Sportsmans Warehouse in Tucson two months before the attack. Loughner also
purchased a Harrington & Richardson shotgun in 2009; this gun was not used in the
attack.
" Prohibiting criteria: Loughner had a history of mental illness and drug use. He was
rejected from Army enlistment in 2008 after failing a drug test and admitting to drug use
on his U.S. Army medical history application form, which should have prohibited
Loughner from buying a gun for at least one year. However, Loughner successfully
purchased a Harrington & Richardson shotgun in 2009, within a year of his Army
rejection. Loughners purchase of the Glock 19 handgun in 2010 violated the plain intent
of federal law, which prohibits someone considered an/to be unlawful user of or
addicted to any controlled substance from purchasing a gun, but the purchase was still
allowed under current enforcement practices. Loughner was also suspended from Pima
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Community College in 2010 for erratic behavior, and exhibited other signs of mental
instability in posts to websites.
" Not a gun-free zone: It was lawful to carry a firearm in the area of the shooting. An
armed bystander, Joe Zamudio, mistook someone else as the shooter and prepared to fire
on him before he was stopped by other bystanders.

! Boston, MA, 09/28/10: The shooter killed four and wounded one during a drug-related
robbery.
" Shooter Name: Edward Washington, 33, and Dwayne Moore, 35, were both charged in
the killings. Washington was acquitted. In Moores first trial, the jury deadlocked 11-1 in
favor of his guilt, but he was later convicted in a retrial.
" Gun details: .40 caliber Iberia handgun and 9mm Cobray semiautomatic. The Cobray
has not been recovered, but the weapon was identified based on recovered bullets and
shell casings.
" Ammo details: 14 rounds fired
" Not a Gun-free zone: Any person holding the appropriate license could lawfully carry a
firearm in this area. As of 2012 there were an estimated 250,000 concealed weapons
permit holders in Massachusetts, and neither state or local law prohibits them from
carrying in the city of Boston.

! Jackson, KY, 9/10/10: The shooter, reportedly enraged at how his wife prepared his eggs,
fatally shot her, his stepdaughter, and three neighbors. He killed himself when the police
arrived.
" Shooter Name: Stanley Neace, 47
" Gun details: Shotgun

! Chicago, IL, 9/2/10: The shooter murdered four individuals execution-style in a garage on
South Kildare Avenue. Officials believe he was part of a drug-trafficking crew that had been
involved in at least 10 other killings.
" Shooter Name: Raul Segura-Rodriguez, 36

! Lake Havasu City, AZ, 8/29/10: The shooter killed his ex-girlfriend, her boyfriend, and
three others while they were celebrating her boyfriends birthday and took his own life later
that night.
" Shooter Name: Brian Diez, 26
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" Prohibiting criteria: The gunmans girlfriend had taken out a restraining order against
him earlier that year, which would likely prohibit him from purchasing or possessing a
gun.

! Buffalo, NY, 8/14/10: The shooter opened fire on a group of people outside a bar, killing
four and wounding four others.
" Shooter Name: Riccardo McCray, 24
" Prohibiting criteria: McCray had been arrested earlier that year on felony drug charges
and the previous year for having a loaded rifle in his car. If he was found guilty of either
crime, he would have been prohibited from possessing firearms.
" Not a gun-free zone: We could find no indication that it was unlawful to carry a firearm
in the area. There are an estimated 100,000 concealed weapon permit holders in New
York and other than limiting a person's ability to carry when he is under the influence of
drugs or alcohol, Buffalo does not add any additional requirements to state law.

! Lanham, MD, 8/6/10: The shooter killed two children, their mother, and their paternal aunt
in the home where they resided. Police said the shooter was involved in drug trafficking and
the victims owed him money.
" Shooter Name: Darrell Lynn Bellard
" Prohibiting criteria: The shooter did not have a criminal record in Maryland, according
to online court documents, and there is no evidence that he as was prohibited from
possessing a gun.

! Manchester, CT, 8/3/10: The shooter killed eight coworkers at a beer distributor and
wounded two others before killing himself.
" Shooter Name: Omar Thornton, 34
" Gun details: Two Ruger SR9 9mm handguns
" Ammo details: The shooter allegedly carried two extra magazines and two extra boxes
of ammunition with him to the attack.
" Prohibiting criteria: There is no indication that he was prohibited from possessing
firearms and the guns he used were registered to him.

! Chicago, IL, 4/14/10: The shooter who had converted to Islam in prison killed his family for
not going along with his conversion, fatally shooting his mother, pregnant wife, infant son,
and two nieces, and injuring one other.
" Shooter Name: James A. Larry, 33
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" Gun details: Shotgun
" Prohibiting criteria: Larry was almost certainly prohibited from purchasing a gun,
having recently served a prison term for a weapons charge. He had also recently pled no
contest to misdemeanor battery against his wife.

! Los Angeles, CA, 4/3/10: The shooter killed four and injured two at a San Fernando Valley
restaurant after a dispute with other patrons. He was indicted in a separate investigation for
engaging in the business of dealing firearms without a license and possession of a firearm
with an obliterated serial number, having sold firearms to an informant working for federal
agents the previous year.
" Shooter name: Nerses Arthur Galstyan, 28
" Gun details: Unspecified handgun

! New Orleans, LA, 3/26/10: The shooter killed his ex-girlfriend, her sister, and two children.
" Shooter Name: Damian Jordan, 22
" Gun details: Handgun
" Prohibiting criteria: Jordan was likely prohibited from possessing a gun due to a
lengthy history of domestic abuse, though he had repeatedly pled down the crimes to
simple battery.

! Washington, DC, 03/30/10: Three gunmen killed four and wounded five in retaliation for
another murder.
" Shooter Name: Nathaniel D. Simms, 26; Orlando Carter, 20, and unnamed 14-year-old
juvenile.
" Gun details: An AK-47 assault rifle and 9mm and .45-caliber handguns
" Prohibiting criteria: The adults were reported to have lengthy criminal histories, which
prohibited them from purchasing guns, and the 14-year-old was too young to purchase or
own a gun.

! Appomattox, VA, 1/19/10: The shooter killed eight family-members and acquaintances and
fired at responding police officers even forcing a helicopter to make an emergency landing
before surrendering. He wore a bulletproof vest during the attack.
" Shooter Name: Christopher Speight, 39
" Gun details: High-powered rifle
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" Prohibiting criteria: The shooter was a concealed carry permit holder and was not
prohibited from possessing a gun.

! Bellville, TX, 1/16/10: The shooter, angered after a household argument, fatally shot his
mother, stepfather, sister, brother and niece.
" Shooter Name: Maron Thomas, 20
" Gun details: Handgun and shotgun

! Lakewood, WA, 11/29/09: The shooter killed four police officers in a Tacoma Coffee shop,
eluding police for two days before being killed as he fled.
" Shooter Name: Maurice Clemmons, 37
" Gun details: When he was killed, he was in possession of the handgun of one of the
officers he had killed.
" Prohibiting criteria: The shooter was prohibited from purchasing a firearm, having been
charged with at least 13 felonies across two states. He had posted bail for raping a child
just six days before the attack.
" Not a gun-free zone: The police officers were armed at the time of the shooting.

! Osage, KS, 11/28/09: The shooter killed his estranged wife, her grandmother, and his two
daughters in their home.
" Shooter Name: James Kahler, 46
" Gun details: Assault rifle
" Prohibiting criteria: Kahler was charged with a misdemeanor domestic violence assault
in March 2009. If convicted, he would have been prohibited from purchasing a firearm.

! Pearcy, AR, 11/12/09: Three shooters killed five people in their mobile homes and stole
wheel rims, televisions, a handgun, and a vehicle. One of the shooters injured a police officer
while he was being apprehended several days later.
" Shooter Name: Samuel Conway, Marvin Lamar Stringer, and Jeremy Pickney
" Gun details: .22 and .25 caliber handguns
" Prohibiting criteria: There is no evidence that the shooters were prohibited from
possessing guns.

! Fort Hood, TX, 11/5/09: The shooter killed thirteen and wounded thirty soldiers during an
attack at the Fort Hood army base.
" Shooter Name: Nidal Malik Hasan, 39
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" Gun details: A FN Five-seven handgun was used in the attack. A Smith and Wesson
.357 revolver also recovered.
" Ammo details: Hasan fired at least 220 rounds of ammunition and had 200 rounds in his
pocket when he was detained.
" Gun acquired: Purchased legally at a local gun shop, Guns Galore.
" Prohibiting criteria: The shooter had links with terrorist organizations, but being placed
on a terror watch list does not prohibit purchase or possession of firearms under current
law.

! Mount Airy, NC, 11/01/09: The shooter killed four people outside a television store before
eventually surrendering to the police.
" Shooter Name: Marcos Chavez Gonzalez, 29
" Gun details: Assault rifle.
" Prohibiting criteria: The shooter was a prohibited purchaser, having been convicted of
kidnapping a minor in 2002.
" Not a gun-free zone: It was lawful to carry a firearm in the area of the shooting.

! Lawrenceville, GA, 08/27/09: The shooter killed his girlfriend, his daughter, and two others
in a domestic dispute.
" Shooter Name: Richard Ringold, 44

! Kansas City, KS, 6/22/09: The shooter killed a woman with whom he had been romantically
linked and three others at the house where she was staying. He had argued with the woman
and followed her to the house.
" Shooter Name: Adrian Burks
" Prohibiting criteria: The shooter was prohibited from possessing firearms. He had
served 10 years in Kansas prisons for robbery, aggravated assault, and burglary. He also
fatally shot a man in March 2009, but he was not charged in the incident, which his
cousin later described as self defense. In April 2009, he was charged with battery and a
criminal threat against the sister of the man he killed and was ordered not to possess
firearms.

! Middletown, MD, 04/19/09: The shooter killed his wife and three children in their home
before committing suicide.
" Shooter Name: Christopher Alan Wood, 34
" Gun details: .25-caliber handgun
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15


! Graham, WA, 4/4/2009: After a dispute with his wife in which she told him she was ending
their relationship, the shooter returned home and killed his five children. Police believe he
then made an unsuccessful attempt to find his wife again and then killed himself in his car.
" Shooter name: James Harrison
" Gun details: Unspecified rifle
" Prohibiting criteria: There is no evidence Harrison was prohibited from possessing a
gun. Since 2001 the state had received five complaints about the shooter, including one
for abuse in 2007 that stemmed from a slapping incident with one of his children. None
of the complaints resulted in a domestic violence conviction. After the shooting, his wife
said that she and her children had sustained years of abuse.

! Binghamton, NY, 4/3/09: The shooter killed fourteen and wounded four at the American
Civic Association where he had been taking English classes before killing himself. He wore a
bulletproof vest during the attack.
" Shooter Name: Jiverly A. Wong, 42
" Gun details: 9mm and .45 caliber Beretta handguns.
" Ammo details: Allegedly fired 98 rounds during the attack. At least one magazine with a
30-round capacity was recovered at the scene.
" Gun acquired: The guns were registered to his New York State pistol license.
" Prohibiting criteria: Wong was not prohibited from possessing a gun, and had a New
York State concealed carry permit. People who knew Wong said he exhibited no outward
signs of mental instability, although a letter he wrote that was delivered to a newspaper
after the shooting indicated he was paranoid and suffering from mental illness.

! Carthage, NC, 3/29/09: The shooter opened fire at a nursing home where his estranged wife
worked, killing eight and injuring three before he was shot and arrested by a police officer.
" Shooter Name: Robert Stewart, 45
" Gun details: .357 Magnum handgun and Winchester 1300 shotgun
" Gun acquired: The guns were acquired legally from a local sporting good store.
" Prohibiting criteria: There is no indication the Stewart was prohibited from possessing a
gun.

! Santa Clara, CA, 3/29/09: The gunman killed five family members and wounded two in an
apparent murder-suicide.
" Shooter Name: Devan Kalathat, 45
" Gun details: Two .45 caliber pistols
" Gun acquired: Purchased legally weeks before the incident.
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16

" Prohibiting criteria: There is no indication that Kalathat was prohibited from possessing
a gun.

! East Oakland, CA, 3/21/09: The shooter used a semiautomatic handgun to kill two police
officers after they stopped his car and then fled on foot to an apartment where he killed two
SWAT officers with an assault weapon and injured a third before being killed by police.
" Shooter Name: Lovelle Mixon
" Gun details: 9mm semiautomatic handgun and SKS assault-style rifle
" Ammo details: Police said the assault weapon had a high-capacity magazine.
" Gun acquired: The shooter took part in a home invasion robbery in Modesto, CA, on
February 21 2009 in which a rifle was reported stolen. Police did not comment on
whether the stolen rifle was the one used in the shooting.
" Prohibiting criteria: The shooter had a lengthy criminal history, including a conviction
for armed battery, which would have prohibited him from possessing a gun, and he was
on parole for assault with a deadly weapon at the time of the shootings.
" Gun-free zone: Two of the victims were shot on a public roadway the 7400 block of
Macarthur Boulevard in East Oakland where no state law would have prohibited a
citizen with the appropriate permit to carry a gun. All of the police officers killed in the
incident were armed.

! Raytown, MO, 3/16/09: The gunman shot and stabbed his former girlfriend, her boyfriend,
and her two nephews, killing all four.
" Shooter Name: Gevante Anderson, 26

! Catawba, NC, 3/12/09: The gunman shot and stabbed a woman and her three children in
their home. He later killed himself and his girlfriend after a police chase in Utah.
" Shooter Name: Chiew Chan Saevang, 38

! Geneva County, AL, 3/10/09: The shooter killed ten, including four members of his family,
before killing himself.
" Shooter Name: Michael Kenneth McLendon, 28
" Gun details: Bushmaster AR-15, SKS rifle, shotgun, and .38 pistol
" Ammo details: Police recovered additional ammunition from his vehicle after the
shooting.
" Prohibiting criteria: The shooter had no criminal record and there is no indication he
was prohibited from possessing a gun.
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17

" Not a gun-free zone: It was lawful to carry a firearm in the public intersection and gas
station where two of the individuals were shot.

! Cleveland, OH, 3/05/09: The shooter killed his new wife and four of her relatives before
committing suicide.
" Shooter Name: Davon Crawford, 33
" Gun details: At least one semiautomatic handgun.
" Prohibiting criteria: Crawford was likely prohibited from possessing a gun. He was
convicted of manslaughter in 1995 and pled guilty to felonious assault with a firearm in
2005, though Ohio enables felons to restore their gun rights so it is possible he was no
longer prohibited.

! Wilmington, CA, 1/27/09: The shooter killed his wife and their five children before killing
himself.
" Shooter Name: Ervin Lupoe, 40
" Prohibiting criteria: The shooter did not have a criminal record and there is no
indication he was prohibited from possessing a gun.
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(
l'f?iP
A(';'1
/'71 '-i
Table of Contents
AK's - Norlnc::o, Mitchell, Poly Technologies ........................................ I
M-IO, M.l1, &1.11/9, aDd &112 3
AcdoD AI-ms IIZI aDd Galli.................................................................... 5
BeJaetta. 0.. 70 7
Colt .D.. 15 ............................................................................................... 9
Fabrlqae Natlonale FNlFAL, FNIIAll, and FNC ................................. II
Steyr AUG 13
IDtratec mC-9, TEC-DC9, aDd TEC-22 ................. ............................. 15
Street Sweeper/Strlker 12 (also IDdudlDg the USAS 12) ................... 17
Questiollll and AD8wen About SemI-Automatic Assault Weapollll 19
Firearms Exempted ID PropoMd Leglslatlon as
BUD.tIDg and Spos-tlDg FlI-e8l1ll8 21
'V
JNi\/r- . , 1-'-'
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A-1307
AK's .. Norinco, Mitchell, Poly
Technologies
Background
These assault rifles are semi-automatic copies of macbineguns designed in
block countries. They are variations of post-World War n military rifles.
Production
These firearms have been imported as follows: Norinco from China, Mitchell from
Yugoslavia, Poly Technologies from China. In 1989, these assault rifles were banned from
importation into the United States, because they did not meet the sporting purpose criteria
under the Gun Control Act. Approximately 100,000 of these firearms have been imported into
the U.S., and are still in circulation.
Ammunition Magazine
These assault rifles come equipped with a 30-round magazine.
Numbers Traced *
During the years 1990 to 1993. these firearms accounted for 2.061 of the firearms traced
for law enforcement officials nationwide. The traces included 329 narcotics investigations and
272 murder cases.
not all firearms used in crime are lnICed.
Examples of Use in Crime
In a Detroit, Michigan suburb. a Norinco AK-47 was recovered in a narcotics-related
double homicide. The weapon had an obliterated serial number. The AK.-47 was one of the
weapons purchased by an individual who was diverting them to drug traffickers.
Federal. State and local officers recently raided the Kentucky Courts public housing
complex in Washington. DC, following the fatal shooting of police officer Jason White. The
seizure turned up six guns, including an AK-47 assault rifle. The Kentucky Court Crew gang
is suspected of doling out guns, including assault weapons, and crack from an apartment
within firing range of where Officer White was gunned down.
Shown is Norinco AK-47
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A-1308
1\1-10, M-l1, M-11/9, and M-12
Background
These semi-automatic assault pistols are manufactured in the United States, and designed
as semi-automatic copies of submacbine guns. The M-11l9 weighs 3.25 pounds unloaded,
4.25 pounds when fully loaded, some of SWD's M-l119 models were manufactured as rifles.
Production
Approximately 100,000 of these firearms have been manufactured.
Ammunition Magazine
These assault pistols come equipped with a 32-round magazine.
Numbers Traced *
During the years 1990 to 1993, these firearms accounted for 3,091 of the firearms traced
for law enforcement officials nationwide. They were traced for 561 narcotics investigations,
313 murder cases, and 125 instances of assault.
According to ATFs Tracing Center, from 1991 through the present, the Mll/9 has been in
the top 10 firearms that were traced.
'" not all fireanns used in crime are traced.
In October 1992, a bank in Sykesville, Maryland was robbed by two gunmen using a
MAC firearm that had been purchased in West Vuginia. Four tellers were taken hostage and
shot. Two of the tellers subsequently died.
In Atlanta, Georgia, 11 individuals were indicted in a gun-trafficking scheme. For 2
years, nearly 1,000 guns were shipped illegally to New York, where many were recovered in
crimes in New York City. The men had converted a number of semi-automatic Cobray 9mm
pistols (MAC 10) into automatic operation.
A Houston, Texas police officer made a traffic stop and was critically wounded, shot four
or five times by the driver. The suspect got away and later, the suspect attempted a robbery. A
trooper approached the suspect's car and was met with assault weapon fire. After abandoning
his car, the suspect continued shooting at the pursuing officers and a gun battle ensued. The
suspect was clutching a MAC 11 when he was killed. A search of his vehicle disclosed an
AK-47.
Shown is SWD M1119
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A-1309
Action Arms UZI and Galil
Background
These assault rifles and pistols are semi-automatic copies of macbineguns designed in
Israel. They are variations of post-World War II military rifles.
Production
In 1989. these assault rifles were banned from importation into the United States because
they did not meet the sporting purpose criteria under the Gun Control Act. Approximately
10.000 of these firearms were imported into the U.S. prior to the ban and are in circulation
today. The UZI assault pistol was banned from importation into the United States in 1993 by
President Clinton because it did not meet the sporting purpose criteria under the Gun Control
Act. The UZI assault rifle has the same appearance as the submachine gun. and was first
imported in 1980. The Galil was introduced into U.S. commerce in 1982.
AmmUDition Magazine
The UZI Carbine chambers 9mm ammunition, and comes equipped with a 25-round
magazine.
The Galil is a .308 caliber semi-automatic rifle and comes equipped with a 20-shot
magazine.
Numbers Traced *
During the years 1990 to 1993, these firearms accounted for 755 of the firearms traced for
law enforcement officials nationwide. Galils were traced for 9 narcotics investigations, 2
murder cases, and 2 instances of assault. UZIs were traced for 151 narcotics investigations, 47
murder cases, and 30 instances of assault.
... DOt all firearms used in crime are traced.
A Louisville, Kentucky police officer stopped a suspect in a shooting incident. The
officer found, in the suspect's car, a 9mm UZI with an obliterated serial number and loaded
with a magazine of 17 rounds.
In Boston, Massachusetts. an undercover agent infiltrated an Asian gang involved in
illegal narcotics and gun sales. The undercover agent bought over a kilo of 91 % pure heroin
(street value of $1 million). and 29 guns. The purchased firearms included an Action Arms
UZI, an SWD/Cobray M-1l/9 pistol. an Intratec TEC-9 (converted to frre fully automatic), and
Shown is UZI Pistol
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A-1310
Beretta AR70
Background
These assault rifles are semi-automatic copies of machineguns designed in Italy. They are
variations of post-World War n military rifles.
Production
In 1989, these assault rifles were banned from imponation into the United States because
they did not meet the sporting purpose criteria under the Gun Control Act Approximately
1,000 of these firearms were imported into the U.S. prior to the ban. and remain in circulation.
Ammunition Magazine
This gas-operated semi-automatic 5.56 x 4S mm assault rifle comes equipped with a 30-
round ammunition magazine.
Numbers Traced *
law enforcement officials nationwide.
not all firearms used in crime are traced.
In April 1992, ATF agents in Fargo, North Dakota recovered a Beretta AR-70, another
long gun. 3 handguns and approximately 8,000 rounds' of ammunition from a convicted illegal
manufacturer of explosives.
In May 1993, the San Bernardino, California Sheriff's Office recovered a Beretta AR-70
and Intratec TEC 9 mm pistol and two pounds of methamphetamine from a suspected drug
dealer. The suspect was convicted under California law of possessing an unregistered assault
weapon and is awaiting trial on the drug charges.
Shown is Beretta AR 70
212 of 284
A-1311
ColtAR1S
Background
These assault rifles are semi-automatic copies of machineguns manufactured in the
United States. Semi-automatic versions of the M-16, they are variations of post-World War n
military rifles. '
Production
Approximately 400,000 of these fireanns have been manufactured. In 1989, these assault
rifles were banned from re-importation into the United States because they did not meet the
sponing purpose criteria under the Gun Control Act.
Ammunition Magazine
The Colt AR-15 comes equipped with a 5-round detachable box magazine. However, this
firearm. is typically fitted with a 30-round magazine as shown below.
Numbers Traced *
During the years 1990 to 1993, these firearms accounted for 1.802 of the firearms traced
106 mmder cases, and 39 instances of assault.
not all firearms used in crime are ttaced.
In San Fernando Valley. California, a son shot and killed his father u s ~ an AR-15. He
then opened fire on the police as they arrived on the scene. One police officer was killed.
Seven-year old Dantrell Davis and his mother were walking to school in the Chicago,
TIlinois housing project where they lived. A sniper armed with an AR-15 fired into the area as
part of a violent feud between gangs. A shot hit the boy in the head and he was killed
instantly.
Shown isAR-lS
213 of 284
A-1312
Fabrique Nationale
FNlFAL, FNILAR, and FNC
Background
These assault rifles are semi-automatic copies of machineguns designed in Belgium, and
used by various NATO countries. They are variations of post-World War IT military rifles.
Production
In 1989, these assault rifles were banned from importation into the United States because
30,000 of these firearms had been imported into the U.S., and are in circulation today.
Ammunition Magazine
These semi-automatic assault rifles come equipped with a 30-round magazine.
Numbers Traced *
'" not all firearms used in crime are traced.
Police in Las Vegas, Nevada recovered an FN rifle and silencer, RPB 9mm converted
machinegun and 2,268 r o ~ s of ammunition from a convicted burglar.
A suspect was arrested by ATF agents in St. Louis, Missouri for dealing in cocaine. The
suspect was arrested at his residence with 30 firearms in his possession, the majority of which
were assault weapons, including an FN FNC assault rifle. .
Shown is FN FNe
214 of 284
A-1313
SteyrAUG
Background
These assault rifles are semi-automatic copies of machineguns designed in Austria. They
are used by military forces in Austria. Australia and various NATO countries. and are
variations of post-World War n military rifles.
Production
In 1989, these assault rifles were banned from importation into the United States because
10,000 of these firearms were imported into the U.S. prior to the ban. and remain in
circulation. They have subsequently been manufactured in the United States in limited
quantities.
Ammwdtion Magazine
This semi-automatic assault rifle comes equipped with either a 30 or 40-shot magazine.
Numbers Traced *
During the years 1990 to 1993. these firearms accounted for 18 of the firearms traced for
not all firearms used in crime are tnICed.
A self-styled survivalist and weapons expen was arrested by ATF agents in Dallas, Texas
for posession of a large quantity of cocaine. Police searched a storage unit owned by the
suspect and seized 2 Steyr AUGs and parts to convert them to fully automatic opemtion (all of
the work to conven had been completed on the guns). a grenade launcher on a Colt AR-IS
with the parts to conven the firearm to fully automatic. another AR-IS and several other
firearms. The suspect later was convicted on Federal firearms charges and received 27 months
in prison.
Shown is Steyr AUG
215 of 284
A-1314
Intratec TEC9, TECDC9, and TEC-22
Background
The TEC-9 weighs 50 ounces unloaded, and 72 ounces when fully loaded.
Production
This semi-automatic assault pistol is manufactured domestically by Intratec in Miami.
Approximately 200,000 have been manufactured.
Ammunition Magazine
The TEC-9 chambers 9mm ammunition and comes equipped with a 36-round magazine.
Numbers Traced
During the years 1990 to 1993, these firearms accounted for 3,710 of the firearms traced
319 murder cases, and 234 instances of assault.
According to ATFs Tracing Center, from 1991 through 1993, the TEC-9 has been in the
top 10 firearms that were traced .
... not all firearms used in crime are traced.
An ATF undercover agent in Colorado Springs, Colorado attempted to buy illegally
purchased fireanns from members of a Los Angeles based street gang (in Colorado). The gang
members critically wounded the agent with a TEC-9, 9mm semi-automatic pistol.
In Anchorage, Alaska, the police department investigated an armed robbery in which a
TEC-9 semiautomatic assault pistol was used. The suspect was one of 17 defendants in an
ATF drug/gun conspiracy investigation.
A convicted felon with gang affiliations was arrested after taking a TEC-22 into the
Louisiana State University Medical Center.
Shown is TEC 9 (DC 9)
216 of 284
A-1315
Street Sweeper/Striker 12
(also including the USAS 12)
Background
On March 1, 1994, these assault shotguns were classified as desb'Uctive devices under the
National Firearms Act. As such. they may still be manufactured. but must be registered with
ATF.
Production
In 1984 and 1988. these shotguns were denied for importation because they did not meet
the sporting purpose criteria under the Gun Control Act. They have subsequently been
manufactured in the United States. Approximately 18,000 have been manufactured
domestically to date.
The Striker was originally designed in Rhodesia and manufactured in South Africa for the
purposes o{ crowd control. The Street Sweeper is a domestic copy of the original Striker 12.
The USAS-12 was originally produced in Korea and was based on an automatic version of the
weapon used by the military.
Ammunition Magazine
These shotguns come equipped with magazine capacities of 12 shotgun shell rounds.
Numbers Traced *
During the years 1991 to 1993. these shotguns accounted for 176 of the fireanns traced
for law enforcement officials nationwide. They were traced for 42 narcotics investigations. 11
murder cases, and 6 instances of assault.
not all firearms used in crime are traced.
In New Orleans. Louisiana. a multiple conviction felon. with a conviction for drive-by
shootings, was found in possession of a Street Sweeper and TEC-22. He was a known gang
member and escaped from custody after an initial arrest. He has been recaptured and is a
suspect in several California homicides.
A Street Sweeper was confiscated from a tax protester in Minneapolis, Minnesota during
a OWl. The Street Sweeper was decorated with Nazi insignias - the words "White Power"
and swastikas.
A Street Sweeper was confiscated from a suspect who was believed to have participated
in the recent Brooklyn Bridge attack on a group of Hasidic Jews in New York City.
217 of 284
A-1316
Questions and Answers About
Semi-Automatic Assault Weapons
What are ..,..,I-automatlc .... uIt weapou?
As dcfiDed in the SeDate Crime Bill and in legislation pending in the House of
RepresenWives. assault we&pODS arc large capacity. scmi-automadc fin:mms deaiped aDd
configured for rapid fire. combat use (the Street SweepedSlribr 12 shDtpns have a wind-up'
dram). Most arc paUaDed after machie pili used by mWtary for:ecs. They have distinct
features which separate them from sporting firemns.
May arc banned from being imported iDIo me United Stares. but all CID be leplly
manafaclmed in this CODIItty. Passin& assault wcapoas legislation removes tbeIe guns from
c:irculadon.
Why baa """'-automatlc au)t weapou?
Assaalt weapoIIS make up only 1 of the pili in circuladon in the United StIleS. They
account for up to 89& of die JUDI trac:ed by law eDforcement ofBcials in die investipDon of
crimiDaI activity. They arc pcfened by criminals over law abidiDg c:itizeDS
8 to 1. A Il1IIIlber of Cbc8e pas DDk ill the lOp 10 of all pas uaced in relation to crime.
1be way to show dill we arc serious about violeDt crime is to baD assault weapons. We
are Dot being tough on pngstas if we allow open access to pngsII:r weapons. Passing assault
weapGDS legislation puIS an end to an anns IBCe on our streeIS.
Some people .y ..... -autom.tIc .... uIt weapGlIS anjast
dUfenmt lookbag weniO" of 8pOI1IDg firearms?
Some people might tty to tell us dill a eliese1l0c0m0tive is lib a family acdaD because
they have intemal combustion engines. Assault weapons were desigaed for rapid fire. close
quarter shooting at human beings. That is why they were put togedler die way they were.. You
will Dot find these JIIDS in a duck bliDd or at Ibe Olympics. 1'bey IrC mass produced mayhem.
Can't coDveutloDBI sporting be Sued with large
mapzlDes?
1be legislation DOW pending in Conpess bans ammunition magazines with a capacity
grcaIa' than 10 rounds.
If someone crafts an illegal magazine. we can proseco1e that person. Right now factories
legally tum out such magazines BOd distribute them by the truckload,
218 of 284
A-1317
DoD't lIODle pm. owuen say that thIil baD wUllead to a ban of
their semiautomatic sportIDg firearms?
The legisladon pending in Congress specifically exempts uearty 700 conventional
sporting firealms from its provisions. 'Ibis legislation doesn't dIn:aIen the law abidiag J1ID
owners: it proll:ClS them and o ~ those who own no pas at all.
WID hanDing these have aD Impact OD clime?
Yes. it wiJ1. 'Ibcse SUDS help cbe crjmjnals who bave diem to commit dleir crimes, addiDg
to the camase. 1bey emboldallbe crook. Access to Ibem sbifts me halaDce of power to die
lawless.
It is IIao a __ of priDciple 1bat we baD 1bese semi-'IIIJ:'I'ft!IdC assault weapons. Por
people who a.y Ibey are _GUS about addmssiq violent crime. it is lime to vOle seriously
about die 6Jeaams c:rimjna1s prefer.
The AR II comea eqaIppecI with a 5-rcnuuI m.prine. Bow
caD you cl.-dry this firearm .. a rapid fire ... ault weapoD?
Ally weapcm 1iW iakes a decacbab1e magazine will bold a magaziDe of a Jarpr capacity.
Larp capacity mapziaes ofap to ISO JOUDds are available in UDkDowD quamities for all of
die firearms identified iD tbis Jegislatioa, eMCrpt die Street Sweeper. Howew::r. twenty IDd
fifty-rouad mapziaes are readily available for use with Ibcse fireanDs.
219 of 284
A-1318
Firearms Exempted in Proposed
Legislation as Hunting and
Sporting Firearms
CeDterfire lWl---.Autoloaden
Browning BAR Mark n Safari Semi-Auto Rifle
BrowniDg BAR Mark n Safari ltIapum Rifle
Bl'OW'DiDr HichPower Bille
Heckler II; Koch Model 800 Rifle
lver Johnson M-l Carbine
1m" JohDIOn 50th AImivenary M-l Carbine
Marlin Model 9 Camp Carbine
Hartin Model 45 Cubine
RemiJacton Nylon 66 Auto-LoadiDg Rifle
RemiDctAm Model 7400 Auto Rifle
Remington Model 7400 Bifle
Bem.iDgton Model 7400 Special Purpoee AuW Bi&
Rupr Mini14 Autoloading Bit1e (w/o foldbJc atoek)
Rupr Mini Thirty Riae
Ceat.dlre BUlee-Lever A SlIde
BrowniDg M:oclel 81 BLB Lever-Action Rit1e
Browning' Model 81 Long Action BLB
Browning Model 1886 Lever-.Aet.ion Carbine
Browning Model 1886 HiRh Grade Carbine
Cimanon 1860 Hemy Replica
Cimanon 1866 Wmcbester Replicas
Cimanon 1873 Short IW1e
Cimanon 1873 Sporting Rifle
Cimarron 1873 80'" Espress Rifle
Dixie Engraved 1873 lWle
E.K.F. 1866 YeUowboy Lever Actions
E.lLF. 1860 Henry lWle
E.lLF. Model 73 Lever-Aetion Rifle
Harlin Model 33608 Lner-Action Carbine
Harlin Model 30AS Lner-Action Carbine
Harlin Model 44488 Lever-Action Sporter
Harlin Model 18948 LeverAction Carbine
Harlin Model1894CS Carbine
Marlin Model 1894CL OJusic
Marlin Model 1895SS Lever-Action Rifle
Mitehe1l1858 Helll)' Beplica
Mitchell 1866 Wmebester Replica
Mitchell 1873 Wmeheater Replica
Navy .Arms Military Bemy Rifle
N8\'Y Arms Hemy Trapper
Nny Arms Iron Frame Henry
N8\'Y Arms Henry Carbine
Navy .Arms 1866 Yellowboy Rifle
Navy .Arms 1873 Wmehester-Style RiOe
Navy Arms 1873 Sporting lWle
Remington 7600 Slide Action
Remington Model 7600 Special Purpose Slide Action
. 21
220 of 284
A-1319
&asi M92 SBC Saddle-Ring Carbine
Rossi M92 SRS Short Carbine
Savap 99C Lever-.Action Rifle
Uberti Henry Rifle
Uberti 1866 Sporting Rifle
Uberti 1873 Sporti", Rifle
Wmchester Model 94 Side Fdeet IAverAction Rifle
Wmehester Model 94 Trapper Side Eject
Model 94 Big Bore Side Fdeet
Wmeheater Model 94 BaDpr Side Eject Lever-.Action Rit1e
WmeheBter Model 94 Wrangler Side Eject
CeDterfIre Rifle. Bolt ActiOD
Alpine Bolt-Action Rifle
A.Square Caesar Bolt-.Aetion Rifle
ASquare Hannibal Bolt-Action Rifle
.Anachutl 1700D Claaaic Rifles
.Anachutl 1700D Custom RUles
.Anschutz 1700D Bavarian Bolt-.Aetion Rifle
.Anachutl 1783D Mann1iaber IWle
Bam!t Model 90 BoIt-Aetion Rifle
BeemanIHW 60J Bolt-Action Rifle
Blaser R84 BoltAction RHIe
BRNO 537 Sporter Bolt-Aotion Rifle
BRNO ZKB 527 Fox Bolt-Action Rifle
BRNO ZKK 600, 601, 602 BoltAction Rifles
Browning ABoI,t Rifle
Browning A-Bolt Stainleaa Stalker
Browning A-Bolt Left Hand
Browning A-Bolt Short Aet.ion
Bl'OWIIins Euro-Bolt Rifle
Browning ABolt Gold Medallion
Browning ABolt Miero edallion
Century Centurion 14 Sporter
Century Enfield Sporter #4
Century Swedish Sponer #38
Century 'Mauser 98 Sporter
Cooper Model 38 Center5re Sporter
Dakota 22 Sporter BoltAction Rifle
Dakota 76 Classic Bolt-Action Rifle
Dakota 76 Short Action Rifles
Dakota 76 Safari BoltAction Rifle
Dakota 416 Rigby African
E.A.AJSabatti Rover 870 BoltAction Rifle
Auguste Francotte BoltAction Rifles
Carl Gustat 2000 BoltAction Rifle
Heym Macnum EJqJress Series Rifle
Howa Lithtninr Bolt-Action Rifle
Howa Realtree Carno Rifle
Interarma Mark X VIlICOUDt Bolt-Action Rifle
Interanns MiniMark X Rifle
Interanna Mark X Whitworth BoltAction Rifle
Interanns Whitworth Expreas Rifle
Iver Johnson Model 5100Al Rifle
KDF Kl5 Ameriean Bolt-Action Rifle
Krico Model 600 BoltAetion RUle
Krico Model 700 Bolt-Action Rifles
221 of 284
A-1320
Mauser Model 66 Bolt-Action RiOe
Mauser Model 99 Bolt-Action RiOe
McMillan Signature Classic Sporter
McMillan Signature Super Vanninter
McMillan Signature Alaskan
McMillan Signature Titanium Mountain RiOe
McMillan Clasaic BtaiDIeBa 8porter
McMillan Talon Safari Rifle
McMillan Talon Sporter RiDe
Midland 1500S 8amwr Rifle
Navy Arms TU-33140 Calbine
Parker-Hale Model 81 Claaaic RiDe
Parker-Hale Model 81 Claaaic .Afriean Rifle
Parker-Hale liodel1000 RiDe
Parker-Hale Model 1100M African Magnum
Parker-Hale Model 1100 LiBhtweiPt Rifle
Parker-Hale Model 1200 Super Rifle
Parker-Hale Model 1200 Super Clip RiDe
Parker-Hale Model 18000 Scout RiDe
Parker-Hale Model 2100 Midland RiOe
Parker-Hale Model 2700 Lightweight RiOe
Parker-Hale Model 2800 Midland RiOe
Remington Model Seven Bolt-Action RiOe
Reminpon Model Seven Youth RiOe
Remington Model Seven Custom KS
Remington Model Seven Custom MS RiOe
Remington 700 ADL Bolt-Action RiOe
Remington 700 BDL Bolt-.Action Rifle

Remington 700 BDL European Bolt-Action RiOe
Remington 700 Vannint Synthetic Rifle
Reminpon 700 BDL sa RiOe
Remington 700 Stainlea Synthetic RiOe
Remington 700 MTRSS RiOe
Remington 700 BDL Left Hand
Remington 700 Camo Synthetic RiDe
Remington 700 Safari
Remington 700 Mountain RiDe
Remington 700 Custom KS Mountain Rifle
Remington 700 Claaic Rifle
Ruger M77 Mark n Rifle
Ruger M77-Mark n Mapum Rifle
Ruger M77RL tntra Light
Ruger M77 Mark n All-Weather Stainless Rifle
Ruger M77 RBI International Carbine
Ruger M77 Mark n Express RiOe
Ruger M77VT Target RiOe
Sako Hunter RiOe
Sako Fiberclass Sporter
Sako Safari Grade Bolt .Action
Sako Hunter Left-Hand RiOe
Sako Classic Bolt .Action
Sake Hunter LS RiOe
Sako Deluxe Lightweight
&ko Super Deluxe Sporter
&ko Mannlieher-Style Carbine
&ko Varmint Heavy Barrel
222 of 284
A-1321
Sako TRG-S Bolt-Action Rifle
Sauer 90 Bolt-Action Rine
Sa...., 1100 Bolt-.Aetion Rifle
Savaae 110CY YoutblLadiea Rifle
Savaae llOWLE One of One Tbouaand Limited Edition Rifle
Savage 110GXP3 Bolt-Action Rifle
Savqe 1l0F Bolt-..Action Rifle
Savage 1l0FXP3 Bolt-Aetion Rifle
Savage llOGV VanaiDt Rifle
Savage 112FV Varmint Rifle
Sawp Model 112FV8 VarmiDt Bille
Savage Model 112BV ~ Baml VarmiDt Rifle
Savqe 116FSS Bolt-Action Rifle
Savap model 116FSK Kodiak Rifle
Savap 1l0FP Poliee Rifle
Steyr-Mamilicher Sporter Models SL, L, M, S, SIT
Step.-MannJicher Lama Model L, M, 8
Steyr-Mannlicber Model M Professional Rifle
Tikka Bolt-Action Rifle
Tikka Premium Grade Rifles
Tikka Varmint/Continental Rifle
Tikka WhitetaiVBattue Rifle
Ultra Lilbt .Anna Model 20 Rifle
Ultra LiPt Anna Model 28, Model 40 Rifles
Voere VEe 91 LigbtDiDg Bolt-Aetion RiDe
Voere Model 2165 Bolt-Action Rifle
Voere Model 2155, 2150 Bolt-Action Rifles
Weatherby Mark V Dehue Bolt-Action Rifle
Weatherby Laaermark V Rifle
Weatherby Mark V Crown Cusmm Rifles
Weatherby Mark V Sporter Rifle
Weatherby Mark V Safari Grade Custom Rifles
Weatherby Weathennark Rifle
Weatherby Weathermark Alaskan Rifle
Weatherby Claaaiemark No. 1 Rifle
Weatherby Weatherpard Alaskan Rifle
Weatherby Vanpard vax Delase Rifle
WeatherbyVanpard Claaaic Rifle
Weatherby Vanpard Classic No.1 Rifle
Weatherby Vanpard Weatherpard Rifle
WJChita Classic Rifle
WIChita Vannint Rifle
Wmchester Model 70 Bporter
Wmchester Model 70 Sporter WmTuff
Wmchester Model 70 S1rI Bport.er
Wmcheater Model 70 StaiDIesa Rifle
Wmchester Model 70 Varmint
Wmchester Model 70 Synthetic Heavy Vannint Rifle
Wmchester Model 70 DBM Rifle
Wmchester Model 70 DBM-S Rifle
Wmcheater Model 70 Featherweight
Winchester Model 70 Featherweight WmTutT
Wmchester Model 70 Featherweight Classic
Wmchester Model 70 Lightweight Rille
24 \ WInChester Ranger Rifle
Wmchester Model 70 Super E:ipreaa Magnum
Wmchester Model 70 Super Grade
223 of 284
A-1322
Winchester Model 70 Custom Sharpshooter
W'mchester Model 70 Custom Sporting Sharpshooter Rifle
Ceater&e Rill.. Single Shot
Annsport. 1866 Sharps Rifle, Carbine
Brown Model One Single Shot Rifle
Browning Model 1885 Single Shot Rifle
Dakota Single Shot Rifle
Desert Industries G-90 Single Shot RiDe
Haninpn &; Richardson Intra Varmint Rifle
Model 1885 High Wall Rifle
Navy Arms Rolling Block Buffalo Rifle
Navy Arms #2 Creedmoor Bil'Ie
Na'f)' Anna Sharpa Cavalry Carbine
Navy Arms Sba.,. PlaiDs Rifle
New EngIaDd FireanDa Handi-RiOe
Red Willow .AnnOI")' Ballard No. 5 Pacific
Red Willow AnnoI")' BaUard No. 1.5 Hunting RiOe
Red Willow .AnnOI")' Ballard No.8 Union Hill Rifle
Red WiUow .AnnOI")' Ballard No. 4.5 Target Rifle
Remington-Style Rolling Block CarbiDe
Ruger No. IB Single Shot
Ruger No. lA Light Sporter
Ruger No. 1H Tropical Rifle
Buser No. IS Medium Sporter
Ruger No. 1 RSI International
Ruger No. IV Special Varminter
C. Sharpa Anna New Model 1874 Old Reliable
C. Sharpe Arms New Model 1875 RiOe
C. Sharps Arms 1875 Classic Sharps
C. Sbarpa Arms New Model 1875 Target &; Long Range
Shiloh Sharps 1874 Long Range Express
Shiloh Sharps 1874 Montana Rougbrider
Shiloh Sba11J8 1874 Military Carbine
Shiloh Sharps 1874 Business RiOe
Shiloh Sharps 1874 Military Rifle
Sharps 1874 Old Reliable
ThompsorVCenter Contender Carbine
Thompaon'Center Stainless Contender Carbine
Tbompaon/CeDter Contender Carbine Survival Syatem
Thompson/CeDt.er Contender Carbine Y OIlth Model
Thompson/CeDter TOR '87 Single Shot Rifle
Uberti RolliDg Block Baby Carbine
DrilliDp, Comblaalion Guu, Double IWI ..
Baretta Expreaa SSO oro Double Rifles
Baretta Model 455 &S ElqJreas Rifle
ChapWs RGExpreaa Double Rifle
Aupate Francotte Sidelock Double RiOes
Auguste Francott.e BoDlck Double Rifle
Heym Model 55B oro Double Rifle
Heym Model 55FW oro Combo Gun
Heym Model 88b Side-by-Side Double Rifle
Kodiak Mk. IV Double Rifle
Kreighoff Teck oro Combination Gun
Kreighotr Tnunpf' Drilling
224 of 284
A-1323
Merkel OverIUnder CombiDaaon GaDa
Merkel Drillinp
Merkel Model 160 Side-by-Side Double Rifles
Merkel OverIUnder Double RifIee
Savqe 24F oro Combination Gun
Savage 24F-12T Turkey Gun
Springfield Inc. M6 Scout RitkIShotpn
Tikka Model 412s CombiDation Gun
Tikka Model 412S Double Fire
A. Zoli Rifle-Shottan oro Combo
JUmftre Rlfl.. Autoloaden
.wT LiPtnintr 2&122 Rifle
AMT LiPtning Small-Game Hunting RiDe n
.AlIT Magnum Hanter AufA) Rifle
Anschutz 525 Deluxe Auto
.Annaeor Model 20P Auto Rifle
Bl"OWIlinr Aato-22 Rifle
BrovmiDr Auto-22 Grade VI
Krico Model 260 AufA) Rifle
Lakefield Arms Model 64B Auto Rifle
Martin Model 60 Self-Loadiag Rifle
Martin Model 60ss Self-Loading Rifle
Marlin Model 70 HC Auto
!WHo Model 9901 Self-Loading 1WIe
Marlin Model 70P Papoose
Marlin Model 922 Mqnum Self-Loading Rifle
Marlin Model 995 Selt-Loading Rifle
Norinco Model 22 A.TD Rifle . .
Remincton Model 522 V1peJ' Autoloading RiDe
Remington 552BDL Speedmaater Rifle
Ruger l0i22 Autoloading Carbine (w/o folding stock)
Sarviwl Anna AR-7 Explorer Rifle
Texas Remington RevoIrinr Carbine
Voere Model 2115 Auto Rifle
lUaftn IWI __ Lever 4: Slide Actlon
Browninr BL-22 LeverAction Rifle
Marlin 39TDS Carbine
Marlin Model 39AS Golden Lever-.Action Rifte
Remm,ton 572BDL Fieldmaster Pump Rifle
Norinco EM-321 Pump Rifte
Rossi Model 62 SA Pump Rifte
Rossi Model 62 SAC Carbine
Wmeheeter Model 9422 LeverAction Rifle
Wmehester Model 9422 Mqnam Lever-.Aetion Rifle
Rlmtire Rlft_ Bolt ActiOD8 " SiDgle Shots
Anschutz Achiever Bolt-Action Rille
Anachutz 1416D11516D Classic Rifles
.Anschutz 1418DI1518D Mannlidler riDes
Anschutz 1700D Classic Rifles
Allachutz 1700D Cnstom Rifles
.Anschutz 1700 FWT Bolt-Action Rifle
Anachutz 1700D Grapbite Custom Rifte
225 of 284
A-1324

ADachutz 17000 Bavarian Bolt-Action Rifle
Armacor Model 14P Bolt-Aetion Rifle
Armacor Model 1500 Rifle
BRNO ZKM-452 Delme Bolt-Action Rifle
BRNO ZKM 452 Deluxe
BeemanIHW 6()...J-ST Bolt-Action Rifle
Browning A-Bolt 22 Bolt-Aetion Rifle
Browning A-Bolt Gold Medallion
Cabanas Phaaer Rifle
Cabanas Muter Boh-Action Rifle
Cabanas Esproneeda IV Bolt-Action Rifle
Cabanas Leyre Bolt-Action RiDe
Chipmunk Single Shot Rifle
Cooper Arms Model 36S Sporter Rifle
Oakota 22 Sporter Bolt-Action RiOe
Krico Model 300 Bolt-Action Rines
Lakefield .Anna Mark n Bolt-Action Rifle
Lakefield ArmII Mark I Bolt-Action Rifle
Magtech Model MT-22C Bolt-Action Rifle
Marlin Model 880 Bolt-Action RiOe
Marlin Model 881 Bolt-Action Rifle
Marlin Model 882 Bolt-Action RiDe
Marlin Model 883 Bolt-.A.etion Bifle
Marlin Model 883BS Bolt-.Aetion Rifle
Marlin Model 25MN Bolt-Aetion Rifle
Marlin Model 25N Bolt-Action Repeater
Marlin Model 15m ''Little Buckaroo"
Maoser Model 107 Bolt-Action Rifle
Maoser Model 201 Bolt-.Aetion Rifle
Navy Arms TU-KKW Tnining Rifle
Navy Anna TU-33140 CBJbine
Navy .Arms TU-KKW Sniper Trainer
Norinco JW-27 Bolt-Action Rifle
Norinco JW-15 Bolt-Action RiDe
Remington 541-T
Remington 4O-XR Rimtire Custom &pOrter
Remington 541-T lIB Bolt-Action Rifle
Remington 5 8 ~ Sportaman RiDe
Rugw 77122 Rimfire Bolt-Action Rifle
Ruger K77fl2 Vamdnt RiDe
Ulb'a Light arms Model 20 RF Bolt-Action Rifle
Wmchester Model 52B Sporting Rifle
Co_petitio. 1Wl.. Centerfire A Rim.fire
Ansehutz 64-MS Left Silhouette
Anschutz 18080 RT Super Match 54 Target
Anschutz 1827B Biathlon Rifle
Anschutz 19030 Match RiOe
Anschutz 18030 Itennediate Match
Anschutz 1911 Match Rifle
Ansehutz 54.18MS REP DeIoxe Silhouette Rifle
Anschutz 1913 Super Match Rifle
.Anschutz 1907 Match Rifle
Anachutz 1910 Super Match D
Anachutz 54.18MS Silhouette Rifle
ADlebutz Super Match 54 Tarpt Hodel 2013
226 of 284
A-1325
.Anachuu Super Match 54 Target Model 2007
BeemulFeiDwerkbau 2600 Tarpt Bifle
Cooper Anna Model TRP-1 ISU Standard Rifle
E.A.AJWeihrauch BW 60 Tarpt Rifle
E..A.AJHW 660 Match Rifle
FiDniah Lion 8tandani Target Rifle
Krico Model 360 82 Bi&tblon Rifle
Krieo Model 400 Match Rifle
Krieo Model 3608 Biathlon Rifle
Krico Model 500 KrieotI'Cmio Match Rifle
Krieo Model 600 Sniper Rifle
Krieo Model 600 Match Rifle
Lake6eld Anna Model lOB Target Rifle
Lakefield Arms Model 91 T Target Rifle
Lake&eld .Arm. Model 928 Silhouette Rifle
Marlin Model 2000 Target Rifle
Maoaer Model 8&-SR Specialty Rifle
McMillan M-86 Sniper Rifle
McMillan Combo M-87/M-88 SO-Caliber Rifle
McMillan 300 Pboeaix Long Range Rifle
McMillan M-89 Sniper Rifle
McMillan National Match Rifle
M:cMillaD Long Ranp Bif1e
Parker-Hale M-87 Target Rifle
Parker-Hale M-85 8Diper Bille
RemiD(rton 4O-XB Baagemaster Tmoget CentBtire
RemiJJBtcm 4O-XR KS Rim6re Position Rifle
Remingtml 4O-XBBR KS
BemiDRton 4O-XC KS National Match Course Rifle
SaIto TRG-21 Bolt-Action Rifle
Steyr-Marmlieher Match SPG-urr Rifle
Steyr-Mannlicller SSG P-I Rifle
Steyr-Mannlieher SSG p-m Rifle
Steyr-Mannlieher SSG P-IV Rifle
Tanner Standard U1T Rifle
Tanner 50 Meter Free Rifle
Tanner 300 Meter Free Rifle
Wichita Silhouette Rifle
Shotcm-Autoloaden
American AnnIIFranchi Black Magie 4S1AL
BeIIelli Super Black Eagle Sbotpn
Beaelli Super Blact Eagle Slug Gun
BeneUi M1 Soper 90 Field Auto Shotgun
Benelli MonteCeltro Super 90 20-Gaop Shotpn
Benelli MonteCeltro Super 90 Shotpn
Benelli M1 SPOrtinc Speeial Auto Shotpn
BenelB Blaelt Eagle Competition Auto Shotgun
Beretta A-303 Auto Sbotpn
Beretta 390 Field Auto SboquD
Beretta 390 Super Tnp, Super Skeet ShotguDa
Beretta Vittoria Auto Shotpn
Beretta Model 1201F Auto Shotpn
Browuinc BaA 10 Auto Bbotpn
Browning BSA 10 Stalbr Auto Shotpn
Browning A-500R Auto Shotgun
227 of 284
A-1326
Browning A-500G Auto Shotgun
BI'OW1linr A-500G 8portiDg Clays
Browniar Auto-5 LiBbt 12 and 20
Browning Auto-5 Stalker
Browning Auto-5 Mapmn 20
Browning .Auto-5 Mapum 12
Churchill Turkey Aotomatie Shotgun
Cosmi Automatic Shotgun
Maverick Model 60 .Auto Shotgun
Mosaberg Model 5500 Shotgun
Mosaberg Model 9200 Bepl Semi-Auto Shotgun
MOI8berg Model 9200 USST Auto Shotgun
Mossberg Model 9200 Camo Shotgun
Mossberg Model 6000 Auto Shotgun
Remington Model 1100 Shotgun
Remington 11-87 Premier Shotgun
Remington 11-87 Sporting Clays
Remington 11-87 Premier Skeet
Remington 11-87 Premier Trap
RemiDgton 11-87 SpecW Purpose Magnum
Remiagton 11-87 SPS-T Camo Auto Shotgun
Remington 11-87 SpecW Purpose Deer Gun
Remington 11-87 SPS-BG-Camo Deer/Tul'key Shotgun
Remington 11-87 SPS-Deer ShotpD
Remington 11-87 Special Purpose Synthetic Camo
Remington SP-I0 Magnum-Camo Auto Shotgun
Remington SP-I0 Mapum.Auto Shotgun
Remington SP-I0 Mapum Turkey Combo
Remington 1100 LT-20 Auto
Remington 1100 Special Field
Remington 1100 2O-Gauge Deer Gun
Remington 1100 LT-20 Tournament Skeet
W"mcbester Model 1400 SemiAuto Shotgun
Browning Model 42 Pump Shotgun
Browning BPS Pump Shotgun
Browning BPS Stalker Pump Shotgun
Browning BPS Pigeon Grade Pump Shotgun
Browning BPS Pump Shotgun (Ladies and Youth Model)
Browning BPS Game Gun Turkey Special
Browning BPS Game Gun Deer Special
Ithaca Model 87 Supreme Pump Shotgun
Ithaca Model 87 Deerslayer Shotun
Ithaca Deerslayer n RiDed Shotgun
Ithaca Model 87 Turkey Gun
Itbaea Model 87 DehDe Pump Shotgun
Magteeh Model 586-VR Pump Shotgun
l a ~ Models 88, 91 Pump Shotuns
Mossberg Model 500 Sporting Pump
M088berg Model 500 Camo Pump
M088berg Model 500 Maaleloader Combo
M088berg Model 500 Trophy siupter
Mouberg Turkey Model 500 Pump
M088berg Model 500 Bantam Pump
M088berg Field Grade Model 835 Pump Shotgun
228 of 284
A-1327
,
M088berg Model 835 Rep) UJtiMag Pump
Remington 870 W"mpaater
RemiDgton 870 Special Pmpoae Deer GaD
RemiDgton 870 SPS-BG-Camo Deerfl'urkey Shotgun
RemiDgton 870 SPS-Deer Shotgun
RenaiJlpm 870 Marine Magnum
Remington 870 TC Trap
Remington 870 Special Purpose Synthetic Camo
Remington 870 W"mgmaster Small Gauget
Remiqton 870 Express Rille Sighted Deer Gun
Remington 879 SPS Special Purpose Magnum
RemingtoD 870 SPS-T CAmo Pump Shottrun
Remington 870 Special Field
Remington 870 Exprea Turkey
Remington 870 High Grades
Remington 870 &press
Reminpon Model 870 Expl"lllll Youth Gun
Winchester Model 12 Pump Shottrun
WJDchester Model 42 High Grade Shotgun
Winchester Model 1300 Walnut Pump
W"mchester Model 1300 Slug Hunter Deer Gun
W'mcheater Model 1300 Ranger Pump Gun Combo &: Deer Gun
Winchester Model 1300 Turkey Gun
W"mchester Model 1300 BaDger Pump Gun

American AnnaIFranehi Falconet 2000 010
American Arms Silver I oro
American Arms Silver n Shotpn
American Arms Silver Skeet oro
American AIm&'Francbi SportiDg 2000 OIU
American Arma Sihw SportiDg oro
American Arma Silver Trap OIU
American Arms WSlOU 12, TS{()U 12 Shotguns
American .Anna WT/OU 10 Shotgun
Armsport 2700 oro Goose Gun
Annsport 2700 Series oro
Armsport 2900 TriBarrel Shotgun
Baby Bretton OverlOnder Shotgun
Beretta Model 686 UltraliPt OIU
Beretta ABE 90 Competition oro Shotgun
Beretta OverJUnder Field Shotguns
Beretta On,yx Hunter Sport OIU Shotgun
Beretta Model 805, 806, 809 Shotguns
Beretta Sportintr CIa,y SbotpDa
Beretta 687EL Sporting oro
Beretta 682 Super Sportm, OIU
Beretta Series 682 Competition OverIUnden
Browning Citori oro Shotpn
Browning Superlight Citori OvedUoder
Browning LightniDg Sporting a.,.
Browning MiCl'O Citori LightniDg
Browning Citori Plus Trap Combo
Browning Citori PJua Trap Gua
Browning Citori oro Skeet Models
Browning Citori oro Trap ModeJa
229 of 284
A-1328
Browning Special Sporting Clays
Browning Citori GTI SportiDc Clays
Browning 325 Sporting Clays
Centurion OverlUnder Shotgun
Chapuia OverlUnder Shotgun
Conneeticut Valley Claaaiea Claaaic Sporter OIU
Connecticut Valley Classiea Classic Field Waterf'owler
Charles Daly Field Grade OIU
Charles Daly Lax Owr/Under
E.A.AJSabatti Sporting Clays Pro-Gold OIU
E.A.AJSabatti Falcon-Mon OverlUnder
Kaaanar Grade I oro Shotgun
Krieghoff K-80 Sporting Clays OIU
Krieghoff K-80 Skeet Shotgun
Krieghoff K-80 IDtemational Skeet
Krieehoff K-80 Four-Barrel Skeet Set
Kriechoft' K-8OIRT Bbotcans
Kriegboft' K-80 oro Trap Shotpn
LaUJ'Ona Silhouette 300 Sporting Clays
Laorona Silhouette 300 Trap
LaUJ'Ona Super Model OverIUudeJ'B
~ u t i LM-6 Delwre OIU Shotpn
Maroccbj Conquista OverIUnder Shotpn
Marocchl Avanza oro Shotgun
Merkel Model 200E oro Shotgun
Merkel Model200E Skeet, Trap OverlUndeJ'B
Merkel Model 203E, 303E OverIUnder Shotguns
Perazzi Mirqe Special SportiDc OIU
Perazzi Miraae Special Foar-Gaap Skeet
Perazzi Sporting Cluaic O/U
Perazzi MX1 OverIUnder SbotgaJJa
Perazzi Mirage Speeial Skeet OverIUnder
Perazzi MX8IMX8 Special Trap, Skeet
Peraui MX.8I20 OvedUnder Shotpn
Peraui MX9 Single OverIUnder Shotguns
Perazzi MXl2 Hunting OverIUnder
Perazzi MX28, MX410 Game OIU Shotguns
Perazzi MX20 Hunting OverIUnder
Piotti Boas OverlUnder Shotgun
RemiDgton Peerlea OverIUnder Shotgun
Rupr Red Label oro Shotpn
Ruger Sporting Clays oro Shotgnn
San Marco 12-Ga. Wildflower Shotpn
San Kareo Field Special DIU Shotpn
San Marco 10-Ga. O/U Sbotpn
SKB Model 505 Deluxe OverIUnder Shotgun
SKB Model 685 OverIUnder Shotgun
SKB Model 885 OverIUnder Trap, Skeet, Sporting Clays
Stoeger/IGA Condor I oro Shotpn
Stoeger/IGA ERA 2000 OverlUnder Shotgun
Techni-Mec Model 610 OverlUnder
Tikka Model 412S Field Grade OverlUnder
Weatherby Athena Grade IV oro Shotguns
Weatherby Athena GTade V Classic Field OIU
Weatherby Orion oro Shotguns
Weatherby n, m Classic Field 008
Weatherby Orion n Classic Sporting Clays OIU
230 of 284
A-1329
(
WeatherbY Orion n Sporting CIa,ya oro
W'uiehester Model 1001 oro Shotpn
W'mchester Model 1001 Sporting Clays oro
Pietro Zaooletti Model 2000 Field oro
American Arms Brittany Shotpn
American Arms Gently Double Shotgun
American Arms Derby Side-by-Side
American Arms Grulla #2 Double Shotgun
American Arms WPJSS 10
American Anna TSISS 10 Double Shotgun
American Anna TtWS 12 Side-by-Side
Arrieta Sideloek Double SbotpDB
Annaport 1050 Series Double Shotpna
.Arizaga Model 31 Double Shot.sun
AYA Boslack ShotpDB
AYA Sidelock Double Shot(JunB
Beretta Model 452 Sideloek Sbotpn
Beretta Side-by-Side Field Shottrana
Crucelepi HenDaDOI Model 150 Double
Cbapais Side-by-Side Sbotpn
E.A..AJSabatti Saba-Mon Double Shotgun
Charles Daly Model Dsa Double
FerbD Model F vn Double Sbotcan
Auauate FraneottA Boslack Shotcun
Aquste FraDCOtte 8ide1ock Sbotcan
Gubi Model 100 Double
Gubi Hodel 101 Side-by-Side
Garbi HodeII03.A, B Side-by-Side
Garbi Model 200 Side-by-Side
Bill Hanus BiJodpa Doublet
Hat&eld Uplander Shotgun
Merkell Model 8, 47B SicJe..b1-Side SbotpnI
Merkel Model 47LSC 8portiDg ClayB Doable
Merkel Model 478, 1478 Slde-by-Sidea
Parker Reproductiona Side-by-Side
Piotti King No. 1 Side-by-Side
Piotti LuIIik Side-by-Side
Piotti King Extra Side-by-Side
Piotti Piuma Side-by-Side
Precision Sports Model 600 Series Doubles
Rir.ziDi Boxlock Side-by-Side
Bizzini Sidelock Side-by-Side
StoeserIIGA Uplander Side-by-Side Shotgun
Uprteehea 10-Ga. Magnum Shotgun
ShotpDe-Boit ActiOD8 a SiDale Shot.
Armsport Single Barrel Shotgun
Browning BT-99 Competition Trap Special
Browning BT-99 Plus Trap Gun
Browning BT-99 Plus Micro
\
Browning Recoilless Trap Shotgun
32 Browning Micro &coilleas Trap Shotgun
Desert Industries Bir Twenty Shotgun
231 of 284
A-1330
Harrington " Riehardaon Topper Model 098
Harrington 4: RicbardIon Topper Claaaic Youth Shotgun
BaniDgton "lUchardaon N.W.T.F. Turkey Mag
Harrington " Riebardaon Topper Deluxe Model 098
Kri.,poff XS-5 Trap Gun
Kriegboff XS-5 Special
Kriepoft' 1:-80 Siqle Barre1 Trap Gun
~ u t i Mono Gun Single Barrel
~ u t i e LTX Super Dehue :Mono Gun .
i4utie Beeoi11ea Space Gun Shotcun
Marlin Model 55 Goose Gun Bolt Action
New EnPmd Itn.rma Turkey and Goose Gun
New England Firearms N.W.T.F. Shotgun
New England Firearms Tracker Slug Gun
New England Firearms Standard Pardner
New England Firearms 8nrvival Gun
Peraai TMI SpeeiaI SiDgle Trap
Remington 9O-T Super Sinale Shotgun
Snake Charmer U Sbotpn
SWegeJflGA Reuua SiDgle Barrel Sbotpn
Thompsonl'Oenter TOR '87 Hunter Shotpn.".
232 of 284
A-1331

233 of 284
A-1332
<l:lio!rell1l1lElWom!lIllrltME rnmtiJm!mt2lll1L 1!ilIftIj<OO!l!!ifllB 1Rim<'11affffi
Exhibit 5
IN lHE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
DICK ANTHONY HELLER, el 01.
Plaintiffs
Y.
THE DISTRICT OF COLUMBIA, el al.
Deft:ndants
)
)
)
)
) CASE: I :08-cY-0 1289
) Hon. Ricardo M. Urbina
)
)
)
)
DECLARATION OF MARK OVERSTREET
I, Mark Overstreet, do hereby swear or affinn:
1. I am employed as the Research Coordinator for the National Rifle Association
of America, Inc., in Fairfax, Virginia. One afmy functions is to collect research,
primarily from United States government sources, on the production and availability of
fireanns in the United States.
2. The following addresses estimated production of AR-15 type rifles from 1986
to the present. It also addresses production of detachable ammunition magazines.
AR-15 Type Rifle Production
3. The teml "Colt AR-J 5 series" refers to different models of a rifle
manufactured by Colt's Defense and its predecessor companies. "AR-15" is commonly
used as a generic term to describe the same or similar rifles made by other manufacturers.
4. AR-15s arc semiautomatic, meaning that they arc designed to fire only once
when the trigger is pulled. They have the capacity to accept a detachable magazine.
Standard magazines hold 20 or 30 rounds of ammunition, but magazines of other
234 of 284
A-1333
capacities are also available. They also have a pistol grip typically 3'/. to 4 indies in
length that protrudes at a rearward angle beneath the action of the rifle.
S. Since Colt's introduced the AR-IS SP-I in 1963. roughly two million AR-ISs
have been manufoctured. This estimate is based upon annual fircarm manufacturing and
expon statistics published by the Bureau of Alcohol, Tobacco, Firearms !\nd Explosives
C'ATF") for the years 1986-2007, as set forth below. I
6. 196]-1985. Data for thesc first 23 ycars of AR-IS production are not reflected
herein. Colt's and othcr manufacturers produced AR-1Ss in this time frame.
7. J986-1QQ7. In these years, more thall 1.62 million AR-I Ss were made and nol
exported by the most prolific AR-IS manuracturers.
l
The following manufacturers,
whose rifle production is limited exclusively or almost exclusively to AR-I S5, reported
dIe following numbers of rifles made and not exported produced during years 1986-2007:
Armalite
Bushmaster/Quality Parts
Colt's
CMMG
DPMS
Eagle Arms
Essential Arms
Olympic
PWA
Rock River
Sabre Defense
Sendra
Slag Arms
Total
105,364
526,252
496.937
4,753
174.623
7.107
31,552
99.332
33,807
80.538
5.797
],301
57.162
1,626,525
1 The annual reports for 1998-2007 are available at WW\Y.atf.gov/flIeannslstatslindex.htm.
Reports for 1986-1997 are available in hard copy from A TF.
l See attached spreadsbeet for annual production per manufacturer. ATF reports do not
show model names, but show fireann types (rifle, shotgun, pistol, revolver, and
miscellaneous). ManufactureJS listed are known to make primarily AR-lS type rifles.
The tolal is an underoount; it does not include AR-ISs made by Smith & Wesson,
Remington, and other prolific rifle manufHClurers whose AR-15 production cannot be
distinguished from their total rifle production within the A TF reports.
2
235 of 284
A-1334
8. 2008-1009: Fireann sales have increased dramatically in recent months. The
FBI reports that background checks processed through the National Instant Criminal
Background Cheek System (l\ICS). which are conducted for pw-chascs of fircanns by
consumers from dealers, increased approximately 11.4 percent in 2007 compared to
2006; npprox.imlltely 13.7 percent in 2008 compared to 2007; and approximately 25.6
percent during the first five months of2009 compared to the same period in 2008.
3
9. Estima/ed AR-J5 Production. /986-2009. lfthe trend for AR-IS rifle
production in 2008-2009 is identical to that for NICS trnllSllCtions for the same period,
nearly 340,000 AR-15s were made and not exported in 2008 and the first months of
2009. That figure, added to the 1.62 million-plus noted earlier. implies" conservative
estimate of nearly 1.97 mi llion AR-15s for thc pcriod 1986-May 2009. If the 25.6 percent
increase for the first five months of2009 continues throughout the year, D. projected
2,145,162 AR-15 type rifles will have been produced and not exported from 1986
through 2009. See attached spreadsheet.
10. AR-/ 5 Production Relative to Thqt QrA" FireamLf and Rifles. In
2007, there were 3,677.387 firearms (excluding fully-automatic firearms) made in the
U.S. and not exported. Of these, 1,401,251 were rifles, including at least 202,213 AR-
15s. Thus, accoWlted for at least 5.S percent of f-.reanns, and at least 14.4
percent of rifles, made in the U.S. for the domcstic market that yeW'.
11 . U.S -Mude firearm ... as q Q/All Newly-Manufactured Firearms
Available for Commercial Sale in the United Stales. Since at least 1986, U.S.-made
frrcarms have accounted for roughly three-fourths of al1 new firearms available on the
3 FBI monthly and yearly NICS transaction data are available onl ine at
www.fbi.!!Ov/hglcjjsd/nicslnies checks tOlnl .pdf.
3
236 of 284
A-1335
oonunercial market in the United States. Even with the addition of imported firearms to
the above calculations, AR-15s account for a significant percentage of newly-
manufactured firearms available for commercial sale in the United States.
Magazine Pruduction
12. The following addresses certain aspects of the manufacture lind importation
of ammwlition feeding devices for fircanns. Ammunition feeding devices that have a
capacity of more than to rounds of ammunition are primarily detachable box: magazines
designed for semiautomatic rifles or semiautomatic pistols, or tubular magazines
designed for .22 rimfire caliber rifles.
13. Piyto/ Mqgazines. Annual firearm manufacturing and export statistics
published by ATF indicate that semiautomatic pistols rose as a percentage of total
hnndguns mode in the United States and not e){ported, from 52 percent of 1.3 million
handguns in 1986. to 77 percent of 1.5 million handguns in 2007.
4
14. Standard magazines for very commonly owned semiautomatic pistols hold up
to 17 rounds ofammunition. In 2001, about two-thirds of the 1.2 million pistols made in
the United States and not exported were in calibers typically using magazines that hold
more than 10 rounds.
15. [n recent decades. the trend in semiautomatic pistols commonly acquired by
private citizen.s in the United States has been away from those designed to hold 10 rounds
or fewer, to those designed to hold more than 10 rounds. This tracks with trends among
law enforcement personnel. Before the widespread adoption of semiautomatic pistol:! by
law enforcement agencies, most law enforcement officers carried five- or six-shot
4 1998-2007 annual reports available online at www.atf.gov/fireanns/stats/index.htrn.
Reports for 19861997 were provided in hard copy fonn by A TF.
4
237 of 284
A-1336
revolvers. Today, law enforcement officers typically carry pistols the standard
magazines for which hold more tbnn 10 rounds, such as the Glock 17, the standard
maga7Jnes for which hold 17 munds. Pistols commonly carried by law enfoTt%ment
officers are also widely owned by private citizens ill the United Sillies.
16. 1be same trend has developed relative 10 pislols issued in our armed forces,
which are also commonly owned by private citizens in the United Slates. The standard
magazine for the armed forces' Beretta M9 9mm service pistol holds 15 rounds. The M9
replaced the MI911 .45 caliber pistol, the standard magazine for which holds seven
rounds.
17. RIDe MagazineJ. Beginning with the Ml Carbine, introduced in the 19405,
rifles capable of accepting detachable magazines holding more than 10 rounds. and
typically equipped with such magazines, have been inereasingly common among private
citizens in our country. More than six million MI Carbine series rifles have been made
since their introduction in the 19405, and the standard magazines for them hold 15 or 30
rounds. ' As noted above, there are roughly two million AR-IS type rifles, and they are
typically sold with between one and three standard magazines. More than 800,000 Ruger
Mini-14 series rifles have been produced since their introduction in J 974, and many are
equipped with starxilud magazines of20 or 30 rounds.' Numerous other rifle makes and
models also have the capacity to accept, and are commonly equipped with, magazines
holding more than 10 rounds.
, Edward Clinton Ezell, Small r m ~ of the World, J tit &iUion, Stackpole Books, 1983, p.
779,784.
6 Stunn, ltuger website, rifle serial numbers by year, http;llwww,ruger-
fireaons.com/FirearrnslPSSerialNumberllistorv-RJ.html#.
5
238 of 284
A-1337
18. Magazine Production Data. There are no reliablc published figurcs for the
number of magazines that are made or imported caeh year. ATF does not require
manufacturers to reIXlrt magazine production. In addition to magazines sold with
fireanns, many more magazines are widely available on the open market.
19. Estimates arc sct forth in Christopher S. Koper, AM Updated Assessment af
Ihe Federal Assault Weapons Ban: Impacts 0"1 Gun Markets and Gun Violer/ce. 1994
2003 (Report to the National Institute of Justice, U.S. Dep't. of Justice 2(04). available at
httpllwww.sas.upenn.edu/ jerryleelresearchlaw fillaI2004.pdf. Koper reported that, a<; nf
1994, 18 percent of civilian-owned firearms, including 21 percent of civilian-owned
handguns. were equipped with magazines holding over ten rounds, and that 25 million
gWlS were equipped with such magazines. Id. at 1. Some 4.7 million such magazines
were imported during 1995-2000. Id.
20. Koper further reported that, as of 1994, 40 percent of the semiautomatic
handgun models and a majority of the semiautomatic rifle models manufactured and
advertised before the ban were sold with, or had a variation that was sold with, a
magazine holding over 10 rounds. !d. at 6.
[declare Wider penalty of perjury that the foregoing is true and correct.
MARK OVERSTREET
Date: July 8,2009
6
239 of 284
A-1338

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A-1360
262 of 284
A-1361
263 of 284
A-1362
Copyrisht C aOO4 by David Hemmway
AU rigbta reserved
Published In the U n!ted StaleS of America by
The UDlverlity of Michigan Preu
Manufactured In the UDlted States of America
8 Printed on acid-free paper
:&007 :&006 :&004 4 3 10 I
No part of thia publication may be reproduced. stored In a retrieval system.
or transmitted in any form or by any means. electronic. mechanical. or otherwise.
without the written permlaslon of the publisher.
A C1P utaID, record fin mu book is frtnn the British Libra,.".
Library of Conpas Cataloging-in-Publication Data
Hemenway. David, 1945-
Private guns. public health I David Hemenway.
p.;CDI.
Includes bibliographical references and Inde&.
ISBN 0-47:&-1l405-0 (cloth : alk. paper)
I. Gunshot wounds-UDlted States-Prevention. 2. Firearms-Law and
legidatlon-Unlted States. 3. Gun control- United States. 4. Public
policy-United States. Medical poller-Unlted States. 6. FImU1IIII
States.
[DNLM: I. Firearm ownership-United Stata. 2. Wounds.
States.,. Public Health-United States.
4 Public Policy-United Stata. WO 807 H498p 20041 I. Tide.
RD96., .H45 2004
617.1' 4s'09:n-dcu
INJURY
264 of 284
A-1363 (
J
PRIVATE GUNS, PUBLIC HEALTH
claimed that when gun prevalence is high, burglars seek out unoccupied
dwellings to avoid being shot (Kleck 1988, 1997b). Yet the evidence comes not
from a scientific study but from a flawed comparison using different victim-
ization surveys in different time periods for four areas--the United States,
Britain, the Netherlands, and Toronto. In the United States, compared to the
other three areas, a higher percentage of burglaries are committed when no
one is at home. Kleck's analysis does not take into account relevant factors
that might explain the association (e.g., the percentage of time in which
dwellings are occupied). The areas are compared to the United States but not
to each other, and only four nations/cities are examined. One could jwt as
well argue that since cigarette consumption is higher in Japan and Stockholm
than in the United States. and the Japanese and Swedish live longer than
Americans, cigarettes are good for longevity.
A more reliable study wed data from the Uniform Crime Reports for all
fifty U.S. states for 1977-98 and data from the U.S. National Crime Victimiza-
tion Survey (NCVS) for 330,000 households for 1994-98. The findings from
both analyses were that U.S. counties and states with more guns have higher
rates of burglary and higher per capita rates of "hot burglary" (burglary when
someone is at home) (Cook and Ludwig 2003). Homes with firearm collec-
tions are considered prime targets for burglars.
Surveys of burglars in the United States do indicate that most would prefer
that no one is at home--and presumably that no one is armed-when they
enter the premises (Rengert and Wasilchick 1985; Wright and Rossi 1986).
There is little question that professional burglars, who are anIong the least
violent of serious criminals, want merchandise and do not want to get
arrested, bludgeoned, or shot. But there is currently no credible evidence that
a high prevalence of gun ownership reduces burglary or any other crime or in
any way reduces potential violent confrontations.
HOW COMMON IS SELF-DEFENSE GUN USE?
Much discussion about the protective benefits of guns has focwed on the
incidence of self-defense gun use. Proponents of such putative benefits often
claim that 2.5 million Americans use guns in self-defense against criminal
attackers each year (Kleck and Gertz 1995). This estimate is not plausible and
has been nominated as the "most outrageous number mentioned in a policy
discussion by an elected official" (Cook, Ludwig, and Hemenway 1997, 463)
The estimate comes from a national telephone survey in which respon-
66
265 of 284
A-1364 (
SELF-DEFENSE USE OF GUNS
dents reported their own behavior. All attempts at external validation reveal
it to be a huge overestimate (Hemenway 1997b). For example, in 34 percent of
the cases in which respondents stated that they used guns for self-defense,
they said they used guns to protect themselves during burglaries. If true, this
would translate into guns being used in self-defense in approximately 845,000
burglaries each year. From sophisticated victimization surveys (the NCVS),
however, we know that there were fewer than 6,000,000 burglaries in the year
of the survey, and in only 1,300,000 of those cases was someone certainly at
home. Since only 41 percent of U.S. households owned firearms, and since the
victims in two-thirds of the occupied dwellings remained asleep, the 2.5 mil-
lion figure requires us to believe that burglary victims used their guns in self-
defense more than 100 percent of the time.
A more reasonable estimate of self-defense gun use during burglary comes
from a retrospective analysis of Atlanta police department reports. Examin-
ing home invasion crimes during a four-month period, researchers identified
198 cases of unwanted entry into single-family dwellings when someone was
at home (Kellermann et al. 1995). In only three cases (less than 2 percent)
a victim use a firearm in self-defense. If this figure were extrapolated nation-
ally for the year the survey covers, it would suggest approximately twenty
thousand gun uses against burglary.
If it were true, the estimate of 2.5 million self-defense gun uses per year
would lead to many other absurd conclusions. There just aren't enough seri-
ous crimes for victims to use guns so many times. For example, the nwnber
of respondents who claim to have used a gun against rape and robbery
attempts suggests that victims of these attempted crimes are more likely to
use a gun against the offender than the attackers are to use a gun against the
victim--even though the criminal chooses the time and place for the attack,
most citizens do not own guns, and very few people carry guns. Similarly, the
number of people who claim to use guns in self-defense and report the inci-
dent to police (64 percent in the Kleck survey) often exceeds the total nwnber
of such crimes reported to police, including all the crimes when the victim did
not have a gun (Ludwig 2000).
Other results coming from this telephone survey are also grossly exagger-
ated. Respondents claim to have shot more than two hundred thousand
criminals. Yet each year, only about one hundred thousand people total (typ-
Ically victims of assaults, suicide attempts, or accidents) are treated in emer-
gency departments for gunshot wounds (Annest et al. 1995). Kleck (1997b)
makes the strange claim that most gunshot victims are and when
67
J
266 of 284
A-1365
PRIVATE GUNS. PUBLIC HEALTH
criminals are shot they do not seek professional, medical care. But surveys of
jail detainees find that even among criminals, almost all go'to hospital emer-
gency rooms for treatment of their wounds. Of more than 380 surveyed crim-
inals in jails in California, Ohio. Nevada, Georgia, Maryland, and Washing-
ton, D.C., who had been wounded in incidents, few of which were related to
their incarceration, more than 90 percent went to the hospital for treatment
(Mayet al. 2000a; May, Hemenway, and Hall 1002).
While the survey respondents claimed to be shooting more than 200,000
criminals, FBI's Uniform Crime Reports (UCR) for that year reported only
350 justifiable homicides by private citizens, and not all of these were with
firearms (U.S. Department ofJustice 1993). Per week, that would mean about
3,850 shootings of bad guys-but fewer than 7 died? Even if the UCR figure ,
may be somewhat of an underestimate (discussed later in this chapter) the
wounding/death rates just don't make sense.
Respondents from this telephone survey also report being victims of more
than four times the number of robberies as is estimated by the NCVS, whose
purpose is to determine rates of victimization. But none of these additional
robberies seem to show up in police records or in hospital admissions of
injured patients.
Survey respondents in the self-defense telephone survey also claim to have
used their guns to save more than four hundred thousand people a,year from
death. Yet only twenty-seven thousand homicides occurred in the year of the
survey. In other words, for every person actually murdered, gun owners
claimed to be saving fifteen (usually themselves and their families) from cer-
tain death. One might then expect that non-gun owners, of whom few are
saved by guns, would have much higher rates of homicide victimization than
gun owners. Yet the evidence shows that non-gun owners are less likely to be
murdered than are gun owners.
It is clear that the claim of 2.5 million annual self-defense gun uses is a vast
overestimate. But what can account for it? The main causes are telescoping
and the false-positive problem-a matter of misclassification that is wen
known to medical epidemiologists. (See appendix A for a discussion of .elf
defense gun use and the false-positive problem.) Fortunately, the NCVS.
which includes information on self-defense, drastically reduces these prob-
lems.
Housing units in the NCVS remain in the sample for three years, and resi-
dents are interviewed every six months. To eliminate telescopin,-the
reporting of events that occurred outside the time frame in question-Ind-
68
267 of 284
A-1366
SELF-DEFENSE USE OF GUNS
dents reported in the first interview are excluded. Residents are asked in sub-
sequent interviews only about events that occurred since the most recent
interview. In surveys of criminal victimization, telescoping can increase esti-
mates "by between 40% and 50% depending on the type of crime; the
inflation rate is greatest for violent crimes" (Skogan 1990,262; see also Cantor
1989).
More important, the NCVS properly restricts claims of self-defense gun
use to those who report a threatened, attempted, or completed victimization;
it cannot be a genuine self-defense gun use unless there is an actual threat.
Limiting the defensive gun use issue to this group e1iminates most of the
false-positive problem. The resulting estimate for annual defensive gun uses
is between 55,000 and 120,000 per year, less than one-twentieth of the 2.5 mil-
lion figure (Cook 1991; McDowall and Wiersema 1994; National Archive
1998).
The NCVS estimate has some limitations. It does not ask about all crimes
(e.g., trespassing or vandalism), but only about six serious ones-rape and
sexual assault, robbery, assault, burglary, nonbusiness larceny, and motor
vehicle theft. However, no one claims that instances of self-defense gun use
for the minor crimes that are omitted would dramatically swell the total. We
also might expect the NCVS to give an underestimate of self-defense gun use
since it prompts respondents not by asking directly whether they used a gun
in self-defense but only by asking, "What did you do?" and "Anything else?"
However, there is little reason to expect that respondents might forget or
migltt be unwilling to report using a gun to protect themselves against a crime
that occurred within the past six months. (See appendix A on self-defense
gun use.)
Whatever its it seems clear that the NCVS estimates of self-
defense gun use are more valid than the private telephone survey estimates of
millions of self-defense gun uses each year.
IS MORE BETTER?
A presumption exists that the higher the number of reported self-defense gun
uses, the greater the benefit of guns, both to the user and to society generally.
This assumption may be incorrect.
An increased likelihood of self-defense gun use may change the behavior of
criminals in a perverse direction. Rather than being deterred from commit-
ting crimes, criminals may instead increasingly arm themselves in the belief
268 of 284
A-1367
APPENDIXES
1. Retaliation. If more guns lead to more serious violence. the victims'
family. friends, or gang associates may be more likely to seriously
retaliate. killing the perpetrator and his friends or gang associates. by
any means, gun or nongun.
2. Court congestion. If more guns lead to more serious crime. the police
and court system may become overtaxed. reducing the probability of
apprehending and convicting the correct perpetrator. This reduces
the costs of crime to the perpetrator. which can increase the amount
and seriousness of criminal behavior.
3. Reduction i11 social capital. When serious crime increases. commu-
nity trust and interaction fall. Regular citizens become afraid to go
out at night, making the streets even less safe. Fear may lead to
neighborhood instability as longtime residents decide to move out.
The reduction in the social fabric of the community may increase the
likelihood of serious crime, including homicide by all methods. Evi-
dence shows that in the United States, states with more guns not only
have more homicides but also have lower levels of trust and social
interaction (Hemenway et al. 2001).
4. Changes in social norms. An increase in gun homicide may increase
the social tolerance for lethal violence of all kinds, reducing commu-
nity responses to high homicide rates.
The fact that areas with more guns have higher nongun homicide rates m;
also result from reverse causation-higher homicide rates. by any metho
lead to more households obtaining guns for protection. Studies have not bee
able to accurately determine the extent to which the gun-homicide conne
tion comes from reverse causation. However, it is sometimes also claim.
that if gUllS become less available, determined killers will simply substitu
other methods of killing. This hypothesis suggests that in areas with few
guns, after accounting for other factors. there should be more nongun hon
cides. However, studies typically show either a positive relationship (Mill,
Azrael, and Hemenway 200le) or no relationship (Killias 1993. Hemenw
and Miller 2000) rather than a negative relationship between gun prevalen
and nongun homicide, which is inconsistent with the claim of substitutior
SELF- DEFENSE GUN USE
Estimates of the Humber of self-defense gun uses come from self-report Sl
veys. A large potential problem with using this approach is what epidemio
269 of 284
A-1368
APPENDIXES
gists call the false-positive problem. Misclassification is an important source
of bias in virtually all surveys. (ncorrect classification comes from a wide vari-
ety of causes, including miscoding, misunderstanding, misremcmbering,
misinterpretation of events, mischief, and downright mendacity. All self-
report surveys have some problems with inaccuracy (misclassification). For
example, respondents substantially overreport seat belt use and often incor-
rectly report whether and for whom they voted in the last election (Parry and
Crossley 1950). People do not report with great accuracy whether they were
employed or unemployed during the past year (Akerlof and Yellen 1985).
Some people do not report truthfully about such mundane details as their
age, height, and weight (Weaver and Swanson 1974). A literature review ofthe
validity of self-report responses characterizes as "quite high" 83-98 percent
accuracy rates for answers to questions about possession of an automobile, a
home, a driver's license, or a library card (Wentland and Smith 1993). In other
words. in very good surveys, responses are inaccurate between). and 17 per-
cent of the time.
A figure of 2.5 million self-defense gun uses each year is cited continually in
the gun debate. The number comes from a survey by Kleck and Gertz (1995).
Two aspects of this survey combine to create a severe false-positive problem.
The first is the likelihood of "social desirability" responses (sometimes
referred to as personal-presentation bias) . The bias occurs as individuals
respond to questions in a way that presents themselves in the best possible
light. For example, an individual who acquires a gun for protection and then
uses it successfully to ward off a criminal is displaying the wisdom of his pre-
cautions and his capacity to protect himself. His action is to be commended
and admired. In addition, an individual with a good self-defense story pre-
sents himself as interesting.
Some positive social-desirability bias might not by itself lead to serious
overestimation. However, combined with a second aspect ofthe survey-the
attempt to estimate a rare event-it does. The search for a needle in a
haystack has major methodological dangers (Cook, Ludwig, and Hemenway
199]; Hemenway 1997a, 1997b).
For example, assume that the actual incidence of a rare event in the popu-
Idtion is 0 .2 percent. In a random survey, on average, for every 1,000 respon-
dents, 998 will have a chance to be misclassilleu as a positive (a false positive).
On average, however, only two respondents could be misclassified as a nega-
tive (a false negative). In addition, because the survey is trying to estimate the
incidence of a rare event, a small percentage bias can lead to extreme overes-
239
270 of 284
A-1369
~
.,'
.. -
. ~
T
~
APPENDIXES
timation. Say that survey findings are a 1 percentage point overestimate of the
true incidence. If the true incidence were 40 percent, estimating it at 41 per-
cent might not be a problem. But if the true incidence were 0.2 percent, mea-
suring it at 1.2 percent would be six times higher than the true rate, and if the
true incidence were 0.1 percent, measuring it at 1.1 percent would be a tenfold
overestimate. In Kleck and Gertz's (1995) self-defense gun survey, if as few as
1.3 percent of respondents were randomly misc1assified, the 2.5 million figure
would be thirty-three times higher than the true figure.
Using surveys to estimate rare occurrences, especially occurrences with
some positive social-desirability bias, will lead to large overestimates. For
example, the NRA reports about three million dues-paying members, or
about 1.5 percent of American adults. In national surveys, however, 3-9 per-
cent of respondents regularly claim that they are dues-paying NRA members .
Similarly, although Sports Illustrated reports that fewer than 3 percent of
American households purchase the magazine, in national surveys, 15 percent
of respondents claim that they are current subscribers (Hemenway 1997a). In
a recent survey, five times as many respondents claim to have been hospital-
ized for fractures in the past year as are reported in hospital discharge data
(Harvard Injury Control Research Center 2001).
Consider the most extreme case, in which the true incidence is 0 percent.
In that case, a survey can overestimate but not underestimate the true inci-
dence. In May 1994> ABC News and the Washington Post conducted a ran-
dom-digit-dial telephone survey of more than fifteen hundred adults. One
question asked, "Have you yourself ever seen anything that you believe was a
spacecraft from another planet?" Ten percent of respondents answered in the
affirmative. These 150 individuals were then asked, "Have you personally ever
been in contact with aliens from another planet or not?" and 6 percent
answered, "Yes." Extrapolating to the U.S. population as a whole, we might
conclude that 20 million American adults have seen alien spacecraft and 1.2
million have been in actual contact with beings from other planets.
Doctors testing patients for a rare disease are well aware of the problem of
false positives. As one example, consider the Breast Cancer Screening Projec1
conducted by the Health Insurance Plan of greater New York (Hennekem
and Buring 1987). In a total of almost sixty-five thousand screening examina
tions (mammography plus physical exam), more than one thousand womer
tested "positive" and were followed up with biopsies. As it turned out, 92 per
cent of these positive tests were false. Yet the result is not an indictment Q
mammography-indeed, the false-positive rate was only 1.5 percent. But tb.
271 of 284
A-1370
APPENDIXES
was sufficient, given the rarity of the true disease, to ensure that most positive
results would be false. Any ill-advised attempt to use the mammography
results to estimate the actual prevalence of breast cancer among these women
would lead to a huge overestimate.
The main way the National Crime Victimization Surveys (NCYS) reduce
the false-positive problem is by asking about self-defense gun use only to
those respondents who first report that someone tried to commit a crime
against them. After all, it is not a genuine self-defense gun use unless it is pro-
tecting against an attempted crime. A preemptive strike should not be con-
sidered a genuine self-defense use.
It turns out that Kleck and Gertz's estimate of self-defense gun use is more
than twenty times higher than the estimates using the NCYS. To preserve the
2.5 million self-defense gun estimate, Kleck and Gertz are forced to claim that
nineteen out of every twenty people with a genuine self-defense use do not
report it to the NCYS (and virtually no one without a genuine self-defense
use in the time frame does report one).
Given the problem of social-desirability response, Kleck and Gertz are also
forced to argue that there is little that is positive about self-defense gun use
and much that is negative. They claim the reports of self-defense gun use are
"distinctly unheroic." "What was most striking about the reported events was
their banality" (1997, 1455).
However, to get huge overestimates, the social-desirability bias does not
have to be important for most people. Given the rare nature of the event, it
just has to be dominant for /I few. And all the available evidence indicates that
most people perceive self-defense gun use as beneficial, socially desirable, and
often heroic. For example, in Kleck and Gertz's survey, more than 46 percent
of respondents claimed that their gun use might have saved-or probably
would have saved or almost certainly did save-someone from dying. If the
respondents' claims are correct, hundreds of thousands of murders a year
may have been directly prevented by self-defense gun use.
Progun organizations and advocates--and Kleck and Gertz-see self-
defense gun use as a good thing. Every issue of the American Rifleman
includes a column entitled 'The Armed Citizen," with examples of self-
defense gun incidents in which "good guys" fend off "bad guys. As Kleck and
Gertz write, "To acknowledge high defensive gun use frequency would be to
concede the most significant cost of gun prohibition" (1997,1447).
Kleck and Gertz's self-defense gun users almost always report that they are
defending themselves against serious crimes, crimes that should be reported
241
272 of 284
A-1371
APPENDIXES
on the NCV5. 50 Kleck and Gertz imply that much self-defense gun use is
deliberately hidden from NCVS surveyors. These authors argue that "most of
the reported defensive gun uses involved illegal behavior" (1997, 1455) and
that asking about self-defense gun use is equivalent to "requiring respondents
to report their own illegal behavior" (1458,1447).
Kleck and Gertz claim that respondents are acting illegally because the survey
"revealed at least seventeen million adults carrying guns for protection in pub-
lic, only a small fraction of whom have permits allowing them to do this legally"
(Kleck 1997b, 209). The authors claim that these respondents would not report
this behavior to the Bureau of Census surveyors conducting the NCVS.
But the NCVS never asks directly about respondents' potentially unlawful
activity. Admitting to owning, carrying, or using a gun admits nothing about
illegal behavior, just as responding that one was the driver in a car crash admits
to no illegal behavior. (n addition, the NCVS responses are confidential; it
would be illegal for the interviewers to provide individual information to the
authorities, and there is no evidence that interviewers have ever done so.
Finally, much evidence exists that people being surveyed willingly report
minor and not-so-minor criminal behavior, even behavior that has little pos-
sibility of positive social-desirability bias. (n one of the earliest self-report
studies, a suggestive if nonrandom survey of one thousand adult males, 64
percent of respondents effectively admitted to being unarrested felons, hav-
ing engaged in such activities as grand larceny (13 percent), auto theft (26 per-
cent), assault (49 percent), and burglary (17 percent) (Wallerstein and Wyle
1947). More recent self-report stl,1dies find that well over 70 percent of adoles-
cents aged twelve to nineteen admit to having engaged in delinquent behav-
ior for which they could have been arrested (Fagan, Weis, and Cheng 1990).
Even prisoners willingly report prior illegal behavior (Wright and Rossi 1986).
In summary, Kleck and Gertz argue that most respondents do not report
their self-defense gun use to NCVS interviewers because it was illegal. This
claim is not persuasive because (1) it is not clear why the use should be illegal;
(2) respondents are not asked about any possible illegality; (3) Census Bureau
interviewers are not permitted to report individual information to any
authority, and ethical survey researchers on self-defense gun use cannot and
will not report such information; (4) there is no evidence that any such infor-
mation has ever been provided to authorities; (5) no respondent has ever
been punished for providing a particular response; and (6) on similar surveys,
respondents report all sorts of real crime.
Finally, in a search for rare events, false negatives (Le., people who report
273 of 284
A-1372
APPENDIXES
"no" who should have reported "yes") are almost never the issue. Even if 50
percent of those with a genuine self-defense gun use in K1eck and Gertz's sur-
vey deliberately lied and answered in the negative, if only one of one hundred
true negatives is misclassified, then the 2..5 million figure is still seventeen
times too high.
K1eck and Gertz's claim can be put to the test. For example, one implica-
tion is that the ratio of gun/nongun selfdefense use should be higher on the
type of survey they did than on the NCVS. After all, respondents should not
be afraid to report self-defense with a baseball bat to NCVS surveyors. How-
ever, this is not the case. Ratios of gun/nongun self-defense uses are similar
on the NCVS and on onetime private surveys. Kleck and Gertz's claim about
respondents' fear of reporting gun use to the NCVS is not supported by any
evidence.
In conclusion, the order-of-magnitude difference between K1eck and
Gertz's results and the NCVS results regarding self-defense gun use shows
that there must be some differential misreportinglmisclassification. Even
though the NCVS asks only about serious crimes, the results should be com-
parable for almost all Kleck and Gertz's 'respondents' claims that their self-
defense gun use was for protection during a serious crime.
Kleck and Gertz do not believe that sixty out of five thousand respondents
in their survey might be misclassified, but they are quite wiUing to claim that
more than 95 percent of the individuals who supposedly used their guns in
self-defense do not tell census surveyors. If we were to accept K1eck and
Gertz's 2.5 million figure as accurate for 1993, then 1,400 of the more than
100,000 adults interviewed in 1993 by the NCVS had a self-defense gun use.
However, only about forty report any such use. If we are to believe Kleck and
G ~ r t z s results, this pattern of misrepresentation occurs continuously on the
semiannual NCVS surveys.
To put it another way, say we believed that either K1eck and Gertz's or the
NCVS results were perfectly correct. Let's determine the pattern of mis-
classification that could have caused the incorrect findings on the other sur-
vey. All it would take to make Kleck and Gertz's results compatible with the
NCVS would be a random misclassification of 1.3 percent of respondents.
However, to make the NCVS compatible with K1eck and Gertz's results
Would require that 95 percent of the people with genuine self-defense gun
uses did not report them and none of the more than one hundred thousand
individuals who did not have genuine self-defense gun uses reported one.
Which pattern of misclassification seems more likely?
243
274 of 284
A-1373
Case 1:13-cv-00291-WMS Document 79-5 Filed 06/21113 Page 1 of 9
The Cun Debate's Mythical Number: How ,\-1 any Defensi\:e Uses Per Year?
Philip J. Cook; Jens Ludwig; David Hemenway
Journal of Polic)' Analysis al1d Management, Vol. 16, No.3, Special Issue: The New Publi c
Management in New Zealand and beyond. (Summer, 1997), pp. 463-469.
Stable URL:
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275 of 284
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Insights
Janet Weiss
Editor
Candidates for inclusion in the insights section may be sent directly to the
Insights Editor. Hec addre;;s is: Janet A. Weiss, School uf Public Policy, Univer-
sity of Michigan. Ann Arbor. MI 48109-1220.
THE GUN DEBATE'S NEW MYTNICAL NUMBER, HOW MANY DEFENSIVE USES
PER YEAR?
Philip J. Cook, Jens ludwig. and David Hemenway
In 1986, Peter Reuter suggested t hat the Association for Public Policy Analysis
and Management (APPAM) consider offeri ng an annual award for the "most
outrageous number mentioned in a pulicy discussion by an elecled official Of
agency head," with one of the criteria being that the number have "no reason-
a ble basis" (pp. 81 L-812).
]n this article, we discuss the candidacy of one of the morc surprising num-
bers to surface ill the course of AmeriUl'sgun ueb<:tle: thal2.S million Ameri cans
use a gun defensively against a criminal attacker each year [Kleck and Gertz,
1995]. News items, 1 editorial writers? even the Congressional Research Service
[Bea, 1994] have mentioned. the 2.5 million defensive gun uses (DGUs) as
established fact. This number is considerably higher than our best estimate
of the number of crimes committed ead year with a firearm (1.3 million)
[U.S. Department of Justice, Bureau of Justice Statistics, 1996b], and has
been used as an argument agai nst regulations that would restrict widespread
firearms ownership. The implicit notion seems to be that if there are more
legitimate uses than criminal uses of guns agai nst people, then Widespread
gun ownership is a net plus for public safety.
, One an kJe begins, Ihat's righl. Owning a gun, presuming you know hoI'." t l l l ~ it, m:ly be good
for you" [Harper. 1996]. See also Wi tkin [19941.
, Sec Kumcnta r 19951.
Joumal of Policy Analysis and Management, Vol. 16, No.3, 463-469 (1 997)
(Q 1997 by the ASSOCiat ion for Public. Policy Analysis and Management
Publisl ,w uy Julut Wilt:)' & Sons, 111(;. CCC 0276-873919iI03046J-07
276 of 284
A-1375
Case 1:13-cv-00291-WMS Document 79-5 Filed 06121113 Page 3 of 9
464 l insigil ts
For reasons documented in this article. we believe that the 2.5 million figure
is an example of what Max Singer has termed a "mythical number" [Singer.
19711. Singer notes, ULE]ven responsible officials. responsible newspopers, and
responsible research groups pick up and pass on as gospel numbers that have
no real basis in fact. ... [Blecause an estimate has been used widely by a
variety of people who should know what they are talking about, one cannot
assume that the estimate is even approximately: correct" (p. 9).
Estimates for the number of defensive gun uses are likely to be substantially
overstated because of the problem of "false positives" {Hemenway. 1996]. This
source of bias is a common problem in survey estimates of rare events, but
largely unrecognized or ignored. We recount the evidence which indicates that
the 2.5 million DGU estimate is far too hi gh, and suggest that implications for
both the policy debate over gun regulation, and for survey research
Survey Results on SeH-Defense
What distinguishes this remarkable statist ic is the entirely respectable source
and estimation method. We usually think of mythical numberS:lS coming from
obviously flawed procedures, generated by advocat es seeking attention for the
problem of homelessness or heroin addiction or youthful predators or some
other cause [Reuter, t 984, 1986].
In contrast , the DGU estimate was calculated by researchers affiliated with
a major research university (Professors Gary ICleek and Marc Gertz of Florida
State University), using widely accepted met hods and published in a topflight,
peer-reviewed Criminology journal (Northwestern Univershy Law School's
Journal of Criminal Law and Criminology). Although many m)1hical numbers
may be debunked by simply probing beneath the press reports to identify the
source, such is not the case with the OGU fi gure.
In panicuiar, Kleck and Gertz conducted <l telephone survey of almost 5000
American adults in 1993, with the specifi c intent of examining the defensive-
gun-use issue. On the basis of the suIve)' responses, Kleck and Gertz were
able to generate a range of estimates depending on the exact defini tion and
judgments concerning the credibility of responses. Their now-famous estimate
of 2.5 million is at the conservative end of this array of possibilities.
Their survey appears to have been conducted according to currcnt standards,
and the results have been reproduced in several subsequent surveys.l In 1994,
for example. the National Institute of Justice sponsored a telephone survey of
2600 American adults examining gun ownership and uses, includi ng defensive
gun uses [Cook and Ludwig, 1996j. This National Survey of Private Ownership
of Firearms (NSPOF) incorpuratt!d a st:qut!llee of DGU questions very similar
to that used by K1eck and Gertz. Each respondent was asked, "Within the past
12 months, have you yourself used a gun, even if it was not fired, to protect
yourself or someone else, or for the protection of property at home, work, or
elsewhere?" Rc:sporu.lcllt:s who n::pOIlt::u experiencing a defe nsive gun use were
then asked 30 additional questions concerni ng their most recent DCU. Two
of us (Cook and Ludwig) have analyzed these data, alll.l report 0[1 them here.
4
, Threl'" nalionally rcprcsenlllli vt random-digit-difll tf'If'l"nonf' SlltyCYS of d u l t ~ nave focused on
the issue of selfdefensive gun usc, [lsking questions simi larto those of Kl ock and Gertz. In addition
to the survC)' reported nexl, there was a survey of 800 gun owners and 400 nono\.-ocJ'$ in 1994
sponsored by the Centers for Disease Control [Hemenway and Azracl , 19963.] and a sun.ey of
1905 adults in 1996 sponsored by thl'" Nat ional lnstitutc of Just ice (HemenWllY and A?rael . lQ%h] .
Fnr details concerning survey design and resul ts. sec Cook and Ludwig [ 1997].
277 of 284
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lruiRltlS 1465
wt: folluw the example of Kleck and Gertz and exclude all res{XJndents
whose most recent DGU was part of military or law-enforcement work, who
did not report a specific crime or use of the gun as part of the incident. or
who did not actually see a perpetrator, we estimate 1.5 million defensive gun
users. (Because many of the relevant respondents said that they experienced
more than one, we estimate a total of 4.7 million defensive gun uses per
annum.) Thus. our estimate, based on the NSPOF, is in the same ballpark as
that propounded by KJ eck and Gertz. The difference could plausibly be due
to sarnplingennL Kled:.and Geltz's DGU estimates do not appear to be altifacts
of any particular computational or weighting decisions made in their analysis.
If there is a problem here, it is intrinsic to the method.
Some Troubling Implications
One check on the credihility of these nGU estimates is made possible hy lhe
detailed follow-up questions included in both these surveys. In the NSPOF,
respondents were asked whether they fired thei r guns, and jf so, whether they
managed to hit the mark. The responses to this item from our 19 "genuine"
defensive gun miers, multiplied by our sampling weights, imp1:y that approxi-
mately 132,000 perpetrators were either wounded or ki lled at the hands of
armed civilians in 1994. That number, it turns out. is just about the same as
the total of aU people who were shot and killed or received trcattncnt for
nonfatal gun!'>hnt wound!'> in an emergem.,), room lhat year-yet we know that
almost all of those are there as a result of criminal assault, suicide attempt, or
accident.
5
There is no trace in these official statistics of the wounded assai lants.
Respondents are also asked to rcpon thc circumstances under which they
were provoked into using their gun. From the NSPOF, we estimate that322,OOO
used a gun to defend against a would-be I"3pist. But that is more than the total
numbel'of rapes and attempted rapes estimated from the best available source,
the National Crime Victimization Survey (NCVS)!6
puzzles are fllund in Kleck and Geltz's finding." [Hemenway, 1996].
Our closer examination of the DGU reports in the NSPOF suggests that almost
half of the incidents appear to contain some internal inconsistency, or other-
wise do not make sense. We are persuaded that surveys of this son generate
estimates that grossly exaggerate the true number of DGUs. The most likely
explanation provides an important insight about the limitations of the sur-
vey method.
Why SulVeys Overestimote Defensive Gun Use
Surveys which include Quesr.ions about nGUs are trying to eSTimate a rare
event, in which even a small false-positive rate will lead to a relatively large
overestimate. Medical epidemiologists have traditionally been much more ale11
to this problem than have sUlVey researchers. As one of many possible exam-
ples, consider the Brea.. ... l Cancer Screening Project conducted !'>ome years ago
by the Health Insurance Plan of greater New York [Hennekens and Buring,
I About toO,OO() people wen: m.lllfatall}" amI treatt:d ill an elllt:fgelll:)' room ur in
1992 [Annest et ai., 1995], and an additional 16.()()0 WeTC shot and killed in cli minal
[U.S. Department of Just ice, Federal Bureau of Investigation, 1995J.
" Thc NCVS is a large (48,000 households) SUIVC)' that has been conducted bv the U.S. Census
Bureau since 1973. It is by fur the most and best designed survey of its kind.
278 of 284
A-1377
466 I InsiSlrts
1987, p. 332]. In a total of almost 65,000 screening examinations (mammog-
raphy plus physical exam), t 11 5 women were "positive" and followed up with
biopsies. As it turned out, 983 (92 percent) of these positive tests were false,
in the sense that they were not confirmed in the follo ..... -up. Yet this result is
not an indictment of mammography-indeed, the false-positive rate was only
1.5 percent. But thaI was sufficient. given the rari ty of the true positives (less
than 0.3 percent ) to ensure that most positive results would be fal se. and that
t he estimated prevalence of breast cancer from this initial screen would far
exceed the t rue prevalence.
Of cuurse, ill all)' suney L1lt::re is a possi bility uf false negatives as well a!'i
false positives. KleekandGertzemphasize this possibility, arguing that because
many respondents may worry that their defensive actions were somehow ille-
gal, they will not admit to them during the survey interview. Kleck and Gertz
argue t hat this effeet should outweigh any other misreporting effects and lead
TO, if anyt hing, an underestimate of the annual number of defensive uses.
Yet b:y any measure, including the Kl eck-Gertz estimate, defensive gun use
is a relat ivel y rare event. If 0.5 percent of adults experience a DGU each yeal",
in a sun'cy of 1000 adults only about five would logicruly have the opportunity
10 provide a false negaTive. On the other hand, for 995 of the 1000 respondents,
the only logically possible misclassihcation error is a fal se posit ive-and there
good n:asolls why some might falsely claim tu have used a gun in self-
defense. Forone, using a gun defensively against a criminal may be a genuinely
heroic a CT, and is often portmyed as such in movies <'lnd occasionally so in the
nightly news.
Take, for example, the case of Dorothy Newton, who shot two robbers on
the street in Richmond after having been wounded herself in a robbery one
year earl ier. The WashingTon Post repons that. although Newton had mixed
feelings about the incident, the reaction of many in Richmond has been decid-
edly less ambiguous.
J
The Richmond Times Di5pafch wrote in an editorial: "The
thought of cocky young predators scurrying like scalded dogs is one decent
people find immensely satisfying."s
The falsehood may stem from real events, given that sur .... ey respondents
typically wish to present themsel ves favorabl) to intervi ewers [Suciman and
Bradburn, 19741. The falsehood may also stem fromconfusion on t he part of the
resrxmdent: memories fade, and Lhey also distort. "Telescoping," fur example, is
a common problem in survey research, where respondents who are asked to
report about cvcnts occurri ng duri ng the previous year will report an event
that in fact happened 13 months or more earlier.9 Actual experience may be
revised in the telling, or may e\'en elide with fiction. Given the prevalence of
relevant mental disorders,10 a nationally representati ve sample would include
a number who were delusional, senile, or intoxicated-people unlikel y to be
reliable reporters in science survP.ys.
' See Bowles [1996].
'See "NewlOn's Law;' Richmond Tj,nes-Djspalch, June 7. 1996. p. A1 6
' In the Na[ional Crime Victimizat ion which questions the .same house.holds f':Vi':T)' SIX
months concerning their epxerience WiTh crime during the six rales of reponed
vict imization in the first-tlme panel are typically over 50 percent hIgher than the bounded rates
of suhsequent [Cantor. 1989].
Recent estimates from the National Institute for Mental Health suggest that 51 .1 million Ameri-
can adults aged 1 g and over have one or more mental or addicti ve disorders. - which 2
mill ion f1(lil hs with schimphrenic disorder.! and 4.9 mill ion wi th what are classifie<i as severe
cognitive impairments [Bourndon et al .. 19941.
279 of 284
A-1378
Inslg1ttr I 467
An additional possible source of false DGU reports is strategic responses by
gun owners. With around 3 million National Rifle Association (NRA) members
[Klcck, 1993, p. 370]. it would not be surprising to have as much as 1 percent
of respondents who an:: bOlh aware of the ongoing empirical debate on this
topic and feel a vested interest in the perpetuation of high DGU estimates.
lI
Is More Detter?
About 40 percent of American households currently own a gun, and 14 million
people routinely cHrry one when they go oul [Cook and Ludwig. 1997]. Would
we be better-off if these figures were, say, 80 percent and 28 million carriers?
No doubt that would increase the number of DGUs, however defined or mea-
sured. But what would be the net benefit?
Tbe difficulty in answering this question arises in part because of the ambigu-
ous nature of many gun uses that are reported as "defensive" by respondents.
Among the incidents in the NSPOF that meet the Kleck and Gertz-type criteria
fur "gt:nuille" defensive gun uses, hl almost one third the most seIious crime
reported by the respondent is a fight or attack. Assigning fault in a violent
encounter can be a daunting probl em even to a detective who has a chance
to interview everyone involved, let alone a survey interviewer who is asking a
few questions of just one of the combatants. In a recent telephone survey of 1905
adults [Hemenway and Azrael, 1996b], 13 respondents reponed a defensive
glln llse against a criminal attacker. Tn contrast, .18 respondents indicated that
a gun had been displayed against them in a hostile manner during an argument
or some other circumstance. We suspect that many of the 38 gun users involved
in these hostile brandishings would have claimed self-defense if they had been
cOnTact.ed by t.elephone.
Moreover, it is difficult in many cases to determine whether t he gun use
leads to an outcome that is better in some sense than what would have happened
had a gun not been available. For the DGU repons in the NSPOF, a theft or
trespass is the most serious crime reponed in one out of every fi ve cases. Tn
such instances, is SOCiety necessarily made better-off when someone uses a
gun rather than dials 911?
In our judgment, the most important effects of more guns would not show
up in tht: DGU at all. Smut: robbt=l"S or ft:ari ng
risk of confrontation with an armed victim, might retire (or switch to auto
theft), and others might decide to arm themselves more heavily and act more
aggressively in committing thei r crimes. Both of these effects. deterrence and
escalation. are plausible. and the net effect is not obvious from armchair
theorizing. One empirical study suggested that the murder rate in robbery
tends to be higher in cities with many gun owners than in cities with relatively
few [Cook, 19i9]. In any event, these behavioral considerations, important as
they may be, do not figure in the DGU calculus. Taking a broader view, we
conclude that more guns may lead to more DGUs. but not necessarily to safer
streets and homes.
Some Concluding Thoughts
The survey is a weU-developed measurement tool which perlorms satisfactorily
for a variety of purposes. But something goes wrong in the effort to use surveys
11 to David Kennedy fnr oh9.ervation.
280 of 284
A-1379
468 / Jruigflfj
to estimate defensive gun uses. False positives are always a problem, and if
the event is rare enough, then they may swamp the truth. What is to be done?
One possibility has long been incorporated in t he National Cr ime Victimiza-
tion SUlvey (NCYS). conducted for the U.S. Department of Justice by the
Census Bureau [U.S. Department of Justice. Bureau of Justice Statistics.
1996a]. In this sUlVey the false-positive problem is minimized by the design
of the questionnaire. The only respondents who are asked whether they at-
tempted 10 defend themselves in a crime are those who indicated that they
had been the vict im of a crime in which they had direct contact with the
perpetrator. Limiting the DGU question to this small group changes the false-
positive arithmetic dramatically. The resulting estimate for the annual number
of DGUs (l992- 1994) is about 108,000, a small fracti on of the K1eck- Gertz
estimate.
Anuther approach is suggested by ordinal) ' practice in medical screening:
When an initial test comes out positive, a follow-up test is usually applied to
distinguish "true" trom "false" positi ves. If knowing the true prevalence is
sufficiemly important, t hen it is wnrthwhil e devising systems for dist ingui shing
true bum false positives aft er the initial screen.
Detennining the social value of repon ed gun uses will be at least as difficult
as overcoming t he fal se-positive problem, More detailed information about
the entire sequence ofevems, including the respondent's acti ons prior t n lIsing
a gun, is necessaJ:y. Another interesting exercise would start with a sample of
gun uses that are reported to the police, and interview each of the participants.
Comparisons between these responses and the results of the police investiga-
tion may provide some sense of the ways in which survey report" are "shaded."
Meanwhile, the myt h that there are millions of legitimate DGUs each year
influences public opinion and helps fuel the bandwagon to li beralize regula-
tions on gun possession and carrying. With respect to gun regulation, 2.5
million is rhe wrong answer to the wrong question.
ThiS research u.:as supponoo by a grant from the NMional Tnst it1l1e of (NU) 10 l hp. Police
Foundation. The ,;iews expressed herei n reflect those of the authors alone, and do not reflect the
vicws of cither NIJ or the Police Foundation. Thanks to Davi d Kennedy, Kri stin Goss, Kate
Whetten_Gddstein, 2.nd Duncan Chitpli n for hdpf1l1 commenTS
PHILIP 1. COOK is ITT/Sanford Professor of Public Policy at Duke University.
JENS LUDWIG is Assistarll Professor of Public Policy at Georgetown Universil),.
DAVID HEMENWAY;s Professor of Public Health at Harvard UniversilY.
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LINKED CITATIONS
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YOIi have primed fhe jollo'wing arricle:
The Gun Debate's New Mythical Number : lI ow Many Defensh'e Uses Per Year?
Philip 1. Cook; Jens Ludwig; David Hemenway
Journal of Policy Al1a(vsis alld Management, Vol. 16, No.3, Special Issue: The New Publi c
Management in New Zealand and beyond. (Summer, 1997), pp. 463-469.
Stable URL:
h t'P"/lioks istor orgisici'/,ici nv n.871"-"'1? ... " 1<.)9722%29' I\%\A Wg 1C 46W. 1ATGI INMf\%\f? (J f'lr .l tn _
This ar/icle references the following linked citations. If you are tIJling to access articles from all
off-campus location, you may be required (0 first logon via your librmJ' web site 10 access JSTOR. Please
visit your libralY's website or contact a librar;an to learn aboftt opt;onsfor remote access to JSTOR.
References
Survey H.esearch and Self-Defense Gun Use: An Explanation of Extreme Overestimates
navit! Hemenway
The Journal 0/ Criminal Law and Criminology (1973-), Vol. 87, NO.4. (Sli mmer, 1997), pp.
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Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun
Gary Kl eck; Marc Gem
The journal o/Criminal Law and Criminology (1973-), Vol. 86, No. I. (Autumn, 1995) , pp.
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The Social Costs of the Demand for Quantification
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Journa! of Policy AnalYSIS alld Management, Vol. 5, NO.4. (Summer, 1986), pp. 807-8 12.
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283 of 284

Opinion
The Police Department's 9-Millimeter Revolution
By Raymond W. Kelly
Published: February 15, 1999
The tragic death of Amadou Diallo in a barrage of police gunfire requires us to look back at how New York City police officers went from carrying
virtually any weapon they wanted to the current high-capacity, semi-automatic pistols that allowed 41 shots to be fired at Mr. Diallo in a matter
of seconds.
When I was New York Police Commissioner, I sat at the same desk Theodore Roosevelt used when he held the job in the 1890's. It served to
remind me of the reforms he brought to American law enforcement, including the standardization of weapons. Before Roosevelt insisted that
they be issued the same revolvers, individual New York City police officers carried any weapon they liked, regardless of firepower or reliability.
As a result of Roosevelt's reforms, New York City police officers were required to carry a six-shot, .38-caliber revolver as their on-duty weapon for
most of the 20th century. It was reliable and easy to maintain. It also provided better or equal firepower in most gunfights. Most criminals were
armed with cheap, easily concealed, small-caliber guns -- ''Saturday night specials'' that were no match for superbly manufactured Smith &
Wesson or Colt police revolvers.
Things changed, however. By the mid-1980's, the streets of most American urban centers were awash in narcotics, cash and ''nines,'' or 9-
millimeter semi-automatic pistols that became the weapon of choice for drug dealers. They were light and accurate and carried a capacity of up to
16 rounds. For more firepower, street criminals relied on machine pistols and other high-capacity, high-velocity guns. Their use in drive-by
shootings killed or wounded scores of innocent bystanders, including children, whose mounting fatalities prompted the Dinkins administration
to hire thousands of new police officers in the early 1990's.
Semi-automatics in the hands of criminals posed another problem. They outgunned the police. Criminals not only had the advantage of greater
bullet capacity, but they could also reload much faster after they emptied their guns. Officers with revolvers faced the choice of reloading one
bullet at a time or using a so-called speed loader, which involved the insertion of five or six bullets at a time if done just right. But neither method
could compete with the speed and ease of dropping a magazine from a semi-automatic pistol and replacing it with another 16-bullet clip. The
difference was demonstrated most dramatically during a 1986 gunfight in which an outlaw executed Scott Gadell, a New York City police officer
who was in the process of reloading his revolver.
Most other major police departments and Federal law enforcement agencies had already switched to semi-automatics by the time I authorized
their use by New York City police officers in September 1993. I approached the decision slowly and deliberately -- and after careful testing --
because more was at stake in densely populated New York than in smaller cities. The semi-automatic's capacity, and the potential for
overshooting, still concerned me. So I directed that the guns' magazines be reconfigured to limit capacity to 10 rounds. The decision was not
popular in the Police Department, but I thought the precaution necessary given the vagaries of policing New York.
After I left the Police Department, in 1993, that restriction was lifted. Now may be the time to re-impose it and to intensify training that teaches
police officers to hold their fire until they know why they are shooting.
Raymond W. Kelly was the Police Commissioner of New York City in 1992 and 1993.

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