lcav: Battle for Strong Assault Weapon Ban is not Over

[Harry Tuttle]

Battle for Strong Assault Weapon Ban is not Over
9/16/2004


Press Release
Legal Community Against Violence
268 Bush Street, # 555
San Francisco, CA 94104
www.lcav.org

Contact:
Cori Stell
Phone: 415-433-2062

San Francisco-based public interest law center urges state and local action to fill the void left by expiration of federal assault weapon ban.

San Francisco, CA - The federal assault weapon ban expired September 13, 2004, thanks to the inaction of President Bush and the Republican leadership of Congress. The 1994 law, which included a 10-year sunset provision, was supported by every major law enforcement organization in the nation, as well as by Presidents Ford, Carter, Reagan and Clinton. The law and its reauthorization were bitterly opposed by the National Rifle Association (NRA).

"We are deeply troubled that President Bush and Congress have bowed to the will of the NRA and chosen to ignore the will of the people," said Sue Ann Schiff, Executive Director of Legal Community Against Violence (LCAV), a nonprofit law center formed in the wake of the 1993 assault weapon massacre at 101 California Street in San Francisco. "Renewal of the assault weapon ban was supported by an overwhelming majority of the American public, including gun owners," she stated.

Schiff urged state and local governments to act to adopt their own assault weapon laws. "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."

Today LCAV reissued its report, 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," Schiff said. "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, LCAV'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."

In addition to California, six other states -- Connecticut, New Jersey, Hawaii, Maryland, Massachusetts and New York -- have assault weapon bans in place. At least 17 local communities across the nation also have adopted assault weapon bans.

"Existing laws must be vigorously enforced and many more jurisdictions must act to help keep these horrific weapons of war off our streets," Schiff added.

Schiff observed that the gun industry has eagerly anticipated the expiration of the federal law. "Production of assault weapons is expected to increase and prices of the weapons are expected to drop as gun manufacturers flood the civilian marketplace," she stated. "The need for strong state and local gun policies is more urgent than ever."

Schiff noted that President Bush had repeatedly pledged support for reauthorization of the ban -- stating during the last presidential campaign that "It makes no sense for assault weapons to be around our society" - yet failed to act in furtherance of that pledge. She stated that the Republican leadership in the House had taken the position that it would only bring a bill to renew the assault weapon ban to a vote if instructed to do so by the President. The President, however, refused to act and the law was allowed to lapse.

Date of Release: September 14, 2004



This article is online at http://www.jointogether.org/z/0,2522,574645,00.html

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http://www.lcav.org/library/featured_topics.asp#aw

Assault Weapons

LCAV’s report, model law, model resolution and opinion editorial furnish advocates and public officials with tools for evaluating and pursuing options to ban assault weapons throughout the country.


Statement on the Expiration of the Federal Assault Weapon Ban September 14, 2004


Banning Assault Weapons - A Legal Primer for State and Local Action (2004)
Written for activists and public officials and intended to serve as a practical guide to the legal and policy issues surrounding the adoption and strengthening of assault weapon bans at the state and local level. Originally released in April 2004, and reissued with minor technical revisions in September 2004 following the September 13, 2004 expiration of the federal assault weapon ban.


Model Law Banning Assault Weapons
Bans assault weapons using provisions that are more comprehensive than federal law. Also bans large capacity ammunition magazines.


Model Resolution to Renew and Strengthen the Federal Assault Weapon Ban (June 2004)
Urges Congress and the President to renew and strengthen the federal assault weapon ban, which will expire on September 13, 2004 unless it is reauthorized.


Battle for Strong Assault Weapon Ban Is Not Over Press release issued September 14, 2004.


Expired ban on assault weapons will leave us vulnerable, San Francisco Chronicle (September 10, 2004).

 

[Harry Tuttle]

here's their model AWB

 

[Norton]

Well, it's obvious that they are going so far out there that they are leaving room for compromise to get back the recently lapsed law.

The good thing for us is that this will hopefully wake up the "they aren't after my guns" crowd when they see, by name, lever actions (grandpa's .30/.30) and .22s.......guess it's not just the EBRs after all, huh?

 

[Harry Tuttle]

Banning Assault Weapons – A Legal Primer for State and Local Action
http://www.firearmslawcenter.org/library/reports_analyses/assaultweaponreport.asp

A Publication of Legal Community Against Violence


This report has been created to provide public 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.




Statement on the Expiration of the Federal Assault Weapon Ban


Preface


Introduction: How to Use This Resource


Why Ban Assault Weapons?



A Brief History of Assault Weapon Regulation in the U.S.



Is the Federal Assault Weapon Ban Adequate?



Existing State and Local Assault Weapon Bans



Why Push for State and Local Action?



The Legal Background



How Can LCAV Help


_



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



Appendix E: Excerpts of the Federal Assault Weapon Ban



Appendix F: Excerpts of the California Assault Weapon Ban



Appendix G: LCAV Model Law to Ban Assault Weapons

 

[Harry Tuttle]

i managed to extract the text from their password protected .pdf


2. Definitions
(a) “Assault weapon†means any:
(1) 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) A second handgrip or 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.

(2) Semi-automatic pistol, or any semi-automatic, centerfire rifle with a fixed magazine, that has the capacity to accept more than ten 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) A second handgrip or 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 or a vertical handgrip;
(ii) A folding, telescoping or thumbhole stock;
(iii) A fixed magazine capacity in excess of five rounds; or
(iv) 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 ten rounds, but shall not be construed to include any of the following:
(1) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
(2) A 22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action firearm.

(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:

(1) Any government officer, agent, or employee, member of the armed 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 firearms manufacturer or dealer that is properly licensed under federal, state and local laws to any branch of the armed 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 (3)(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 (3)(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:
(1) 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).

(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 gunsmith 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:
(1) 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 15 years in prison (but may be lower for first-time offenders), and a fine of several thousand dollars is sometimes an 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.]

5. Severability If any provision or term 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 any one or more of its articles, sections, subsections, sentences or clauses.

 

[benEzra]

That is outrageous.

 

[Norton]

I fear that if that one passed, they would have to move "Enemies, Foreign and Domestic" from the fiction aisle to the non-fiction aisle

 

[Harry Tuttle]

looks quite similar to the verbage Neil Quinter proposed last session, no?

There is less than 2 degrees of separation from Neil to LCAV

 

[nico]

I thought of a couple things while reading that:
Maybe this will make hunters/clay shooters realize that they really are trying to ban their guns:
benelli "steady-grip" turkey guns

and

the ported version of the browning BOSS system fits these definitions:

(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.

and how can they possibly get away with this:

Severability If any provision or term 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 any one or more of its articles, sections, subsections, sentences or clauses.

 

[Harry Tuttle]

it would appear Michigan has stepped up to the plate:


HOUSE BILL No. 6239
September 29, 2004, Introduced by Reps. McConico, Hunter, Waters, Phillips, Hood, Smith, Tobocman, Condino, Vagnozzi, O'Neil, Sak, Minore and Hardman and referred to the Committee on Criminal Justice.

A bill to regulate the manufacture, possession, purchase, ________________________
___ sale, and transfer of assault weapons; to provide certain powers ___________
___ and duties for certain state and local officials and agencies; to __________
___ provide for the promulgation of rules; and to provide penalties. ___________

___ ___________ THE PEOPLE OF THE STATE OF MICHIGAN ENACT: _____________________

1__ ___ Sec. 1._ This act shall be known and may be cited as the ___________________
2__ "assault weapon regulation act". ____

http://www.michiganlegislature.org/documents/2003-2004/billintroduced/house/htm/2004-HIB-6239.htm

 

[RangerHAAF]

I would like to think that the vast majority of people from Michigan have the common sense to stop this legislative garbage from seeing the light of day; but if they don't they are headed in the same direction as California and they seem to come up with some new gun grabbing scheme and sign it into law every week.

 

[joab]

President Bush and Congress have bowed to the will of the NRA and chosen to ignore the will of the people,"

This statement burns my butt every time I see it.
The NRA represents a certain block of voters. Last class I took the voters were the people.
Therefore Congress and Bush have bowed to the will of the people and ignored the uninformed and misguided

 

[JL2152]

This proposal will hopefully awaken those who don't care because they think no one will come after thier so far PC guns. One of the things that sickens me more than anything is how many people in America don't care about anything untill it affects them. After they come for my guns they will come for thiers.

 

[Standing Wolf]

Look for the leftist extremists to turn up the heat all the way in January, 2005. This is just a little warm up exercise.

They want your guns. They want them all. They're willing to settle for starting with the guns that look vaguely military.

 

[carp killer]

It is just a starting point. The gun grabbers are more than willing to compromise on the text of the law. They will back off on Mini 14's, Garand's and SKS's. But they will ask that the gunnies give up pistol grips. Just like they did in California.

But it will never end. Every year it is some new law, but they antigunners are willing to compromise. And the gunnies lose more and more. More people quit the hobby, less people get involved with guns. The antigunners keep on bringing up more laws.

The only way to restore something that is taken away is to ask that the NRA to propose that gun laws be repealed. I can think of a few off the top of my head. '34,' 68, '86, '89.

 

[Sam Adams]

They want your guns. They want them all. They're willing to settle for starting with the guns that look vaguely military.

I suspect that they'll get a lot of bullets before the guns, delivered via air mail.

 

[Sindawe]

The creatures who proposed this <expletive deleted> deserve to be tarred, feathered and displayed in stocks in the public square.

Any legislator who votes in favor such a bill deserves rope neck-tie and an introduction to effect of gravity on unsupported bodies.