1994 Assault Weapons Ban QUESTION

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Samson7

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Forgive me for my naivety, but I was in 4th grade when this law was passed...

Did the 1994 Assault Weapons Ban affect current ownership during that time, or just future ownership?

Owners didn't have to give up the "assault rifles" they already owned, did they?
 
Nope. Virtually all firearms legislation includes "Grandfather" Clauses.

OTOH there are some legislations that made it illegal to take said guns to the range.
 
The federal AWB did not affect current ownership of any firearm. Oddly, even the anti-gun people, who knew better, claimed that it "took those evil weapons out of the wrong hands" but it did nothing of the sort. Nor, of course, did it cause the 50% drop in violent crime that Brady and the other gun grabbers claimed it would when it was up for debate.

The AWB really made little difference as far as guns went, as most so-called "assault rifles" were still available, only without cosmetic features like flash hiders. The biggest impact was on magazines, with a 10 round limit on new magazines except for police and military. Those magazines made for LE/military had to be marked and sale to individuals was banned. Those mags are still around, but now the marking means nothing.

When some reasonably sensible lawmakers didn't quite believe the big lie, they went along with an expiration date for the law. The anti-gunners had the idea that after the ten year term was up, they would re-enact the law, adding a total ban and confiscation of both "assault weapons" and all handguns. Didn't happen.

But they haven't given up and we are going to have to watch an Obama second term very carefully. I have little doubt that the BATFE "gun walker" fiasco was ordered by Holder as part of the plan to "prove" that guns were going to Mexico and justify another AWB in the U.S. Meantime, the adminstration's friends in Nicaragua (Ortega) and Venezuela (Chavez) are pouring arms into Mexico to destabilze the country and ultimately use Mexicans as cannon fodder to fight the U.S.

Jim
 
Nope. Virtually all firearms legislation includes "Grandfather" Clauses.

Except that the current Carolyn McCarthy-sponsored "over-10-round magazine capacity" ban legislation specifically doesn't have a "grandfather clause." The antigunners seem to have learned two lessons -- that the grandfather clause was what made the original AWB ban a joke, and that what really makes the so-called "evil black rifles" effective is magazine capacity (forget silly cosmetic things like bayonet lugs or folding stocks).

If the McCarthy bill wasn't a political non-starter, it would be truly dangerous. Among other effects, it would make just about all feeding devices for registered full-automatic weapons (belts, links, drums, etc.) instantly illegal.
 
However several of the 'renewals' have included clauses without a grandfathering, or ones that allow the "attorney general' (read ATF) to declare firearms without the variously described features as also "assault weapons" at their discretion.



Then there was issues like in California where certain guns were declared allowed as long as they were registered before a specific date. Failure to register them was a felony, but if you registered them they would be grandfathered in.
Then later they said "oops",they are illegal and rounded them up from those who had registered them as required by law.
This happened with some SKS rifles.

Or grandfathered them in for the original owner, but made it a crime to transfer them to any regular person, effectively reducing the value of said firearms to nothing in said state.
This was the case in California, and could be the case in some national legislation as well.
Fortunately people in California could sell them to people out of state to offset the fact that the weapons become worthless in California, but if such a restriction was done at the national level your firearm becomes worth almost nothing with a tiny market of potential buyers. With the only option selling it to FFLs that will pay what they want and who can only sell it to law enforcement, which have so many and get government surplus that they won't pay even a fraction of the actual value.
You can't even leave your 'grandfathered' 'assault weapons' to family in state in California. Nor the 'grandfathered' 'high capacity' magazines. If you die or sell them to someone else they can never be possessed by a regular commoner within the state again, including your heirs.
In such a situation at the national level people that stock up for a ban would end up with firearms that can hardly be sold.



The other thing is the perception that changes when they are banned.
What can be normal is abnormal and scary 5-10 years later. I was surprised at how targeted firearms once viewed as just slightly worse by various people when they were legal become almost universally bad according to the majority once they had been banned long enough.
It is scary that once something is banned, you can force the population to support the ban as a new generation grows up with it having always been in place and afraid of the unknown.
Many of those that came of age during the AWB and knew nothing different actually believed it was accomplishing something.
And the population with less exposure becomes even more naive on the subject, plenty of people thought ARs in states like California were full auto m16s in 2003-2004.
It is the same situation you see with select fire weapons. You hear about how uncontrollable they are, how no regular person could safely use them, they are only good for spraying, essentially how such restrictions make us safer, and how they are fine with what they are prohibited from having, because obviously if it is prohibited there is a good reason for it. Such conclusions are heard even from gun people. Yet it is untrue, but since the population has the least experience with that which is most restricted or banned it is the scary unknown, where facts based on movies, games, and assumptions prevail.
If you prohibit the herd from owning something long enough they begin to defend the prohibition, having known nothing else and believing the fear of the unknown is justified and a change would be dramatic.

This also means even people that legally own such firearm or had them grandfathered go from normal to 'evil' in the eyes of society over time.
Once the majority of the herd has been unable to buy such things for a generation the people that have such things are seen as bad guys, nutjobs that think they are rambo and instantly are seen as the bad guy if they end up in court claiming self defense. The nutjob with a military rifle (or other "assault weapons" as the term has no real meaning, pistols with just a threaded barrel are an "assault weapon" in California), while normal people have other types of firearms.
 
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Then there was issues like in California where certain guns were declared allowed as long as they were registered before a specific date. Failure to register them was a felony, but if you registered them they would be grandfathered in.
Then later they said "oops",they are illegal and rounded them up from those who had registered them as required by law.
This happened with some SKS rifles.
Really? I know about the two periods for registration of AWs, but I never heard of confiscations.


On edit, I'm not calling you out. I just didn't know about this.
 
There were actually three "assault weapons" bans. In the late 1980s Bush I banned the importation of about 40 semi-auto milsurp rifles under the sporting pruposes clause of the GCA 1968. Then there was the AWB passed by the US congress. Clinton later claimed that importers were skirting the ban by making cosmetic changes to banned semi-auto guns. Clinton banned more semi autos from import under the sporting purposes clause of the GCA 1968.

BTW: In 1994 the US senate passed an extension of the AWB. The majority leadership in the US house refused to schedule a vote on the AWB extension.
 
In regards to CA's AWB and "confiscation" of "SKS Sporters"...

rromeo said:
Really? I know about the two periods for registration of AWs, but I never heard of confiscations.

On edit, I'm not calling you out. I just didn't know about this.

The Roberti-Roos AWB of 1989, banned SKS with detachable magazines. [PC 12276(a)(11)]

In early-1992, CA Attorney General Dan Lungren approved the selling/transfer of "SKS Sporter" rifles (Norinco SKS-M & SKS-D). Because at the time he concluded "SKS Sporter" was not the same as SKS.

After about 5 years of them being sold in CA, CA Attorney General Dan Lungren said he made a mistake in approving the "SKS Sporter" and declared them all to be illegal & banned under the Roberti-Roos AWB of 1989. So, all owners of the "SKS Sporter" became instant felons.

Some CA legislatures did not think that was right, so they passed legislation in 1998 to provide legal relief to owners of the "SKS Sporter" that purchased them in good faith during 1992-1997 [PC 12281]. As part of the legislation [PC 12281(h)], CA DOJ would "buy back" the "SKS Sporter" for $230.00 and owners of the "SKS Sporter" were given until 01-01-2000 to comply [PC 12281(f)].

The "buy back" of the "SKS Sporter" is often refered to as when CA DOJ confiscated the SKS.

Some people did not comply with the "SKS Sporter" "buy back" and later tried to register them as "assault weapons" under the SB23 AWB of 1999. Those people had their registration paperwork rejected, were arrested for possessing assault weapons and had their rifles confiscated. Because the SB23 AWB of 1999 did not grant "assault weapons" banned under the Roberti-Roos AWB of 1989 another registration period.

Because of the "SKS Sporter" debacle, many people in CA chose not to comply with the SB23 AWB of 1999 and register their "assault weapons". This was due to fear that after they registered their "assault weapons", that it would then lead to confiscation at a future time period.
 
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I have a Glock that came from that era with it's original magazines, both bear the AWB Mark of the Beast.

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I got into firearms after it expired, so I guess I'm lucky to have never dealt with it.
 
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