An assault weapon is generally defined by the public in the United States since 1994 as a semi-automatic firearm that is similar in name, appearance, or design to a fully automatic firearm or military weapon. Note that this term is not synonymous with assault rifle, which has an established technical definition. The general public definition used in the US was codified by the language defining semi-automatic rifles with certain characteristics in the 1994 "Assault Weapon Ban".[1]
The term assault weapon has been adopted into regulatory use, and there are a variety of different statutory definitions in local, state, and federal laws in the United States that define them by a set of characteristics they possess. Supporters of gun rights generally consider these uses of the phrase assault weapon to be pejorative when used to describe civilian firearms. This term is seldom used outside of the United States in this context.
In United States military parlance, assault weapon refers to weapons used primarily in assault operations. Examples include weapons used to breach obstacles during an assault, such as the SMAW, SRAW, Bangalore torpedo, and the APOBS. The military definition of an "assault weapon" was applied in WWII to flame throwers primarily used on the battlefield to assault bunkers or caves.[2] A second definition of "assault weapon" came about as a political term to admittedly energise anti-gun sentiment for the purposes of regulation in the United States.
The political definition, in contrast to the military definition, is non-descriptive as the semi-automatic weapons are not used in assault operations. More recently this term has begun to evolve into the terms "Semi-Automatic Assault Weapon" and "Semi-Automatic Assault Rifle."[3] Again, these new terms are non-descriptive as the semi-automatic rifles in question are not used in assault operations.
Characteristics
Exact definitions vary from state to state, but an assault weapon is most frequently defined as a semi-automatic rifle, shotgun, or pistol which has two or more of the following characteristics:
- A detachable magazine holding more than 10 rounds. This is often referred to as a "large" or "high" capacity magazine in legislation even when it is actually the standard magazine size for the firearm in question.
- Military-style appearance, including semi-automatic replicas of military selective-fire assault rifles and machineguns
- A folding or telescoping stock
- Attached grenade launchers such as the M203 or muzzle attachments that allow the firing of a rifle grenade (note that grenades and grenade launchers are separately regulated as destructive devices by the National Firearms Act)
- On rifles and shotguns, pistol grips that extend vertically from the stock
- A bayonet lug
- Threaded barrel capable of accepting a flash suppressor, muzzle brake, or sound suppressor (Sound suppressors themselves are regulated separately from the firearm)
- Weapons that include a barrel shroud or other covering that prevents the shooter from being burned on the barrel or gas system
- On pistols, those on which the magazine attaches outside of the pistol grip
- A forward mounted pistol grip
Exactly which characteristics should be used is a matter of debate and varies between jurisdictions. In the United States, nearly a dozen States have their own differing assault weapons laws. There was also a federal Assault Weapons Ban in the United States which expired in 2004.
Under the former federal Assault Weapons Ban, two such features made a weapon an "assault weapon", in addition to a slate of specific named weapons or replicas thereof. The current ban in California, the nation's most restrictive, applies to any one of several specific features listed above, and a list of named weapons or replicas.
Additionally, in California, any rifle chambered to fire the .50 BMG cartridge is defined by statute as an assault weapon, regardless of action type. There have been similar efforts to outlaw the .50 BMG at the federal level by classifying these weapons under the 1934 National Firearms Act[citation needed], which provides for federal regulation of machine guns, short-barreled shotguns and rifles, suppressors, and destructive devices.
Common misconceptions
The close similarity to the term assault rifle and wide variety of definitions has led to considerable confusion over this term. In addition, inaccurate media reporting and political propaganda have created a common public misperception that this term covers many items regulated in the United States by the National Firearms Act (NFA) of 1934. For instance, although grenade launchers are covered in many of the assault weapons laws, each individual grenade is already controlled, registered, and taxed as a "destructive device" under the NFA.
Perhaps the largest area of confusion surrounding this term is the difference between a machine-gun and an assault weapon. A machine-gun is universally recognized as a fully automatic weapon, while the current statutory definitions for assault weapons describe them as semi-automatic. Further, the National Firearms Act of 1934 specifically addresses fully automatic weapons, and the private ownership and usage of them is extremely regulated.
There is also the perception that firearms that fall under this category can be easily modified for fully automatic fire. This is not the case since the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulations for manufacturers place certain restrictions on firearm product design to comply with the provisions of the National Firearms Act (NFA) of 1934 and the amendments to the McClure-Volkmer Act of 1986 that pertain to machine-gun ownership. These regulations require that semi-automatic firearms sold in the United States be especially difficult to convert to fully automatic operation.
The use of the term assault weapon and its similar appearance to military rifles has led to a misconception that they are more dangerous or powerful than other semi-automatic firearms and hence in need of additional regulation. In fact, the rifles designated assault weapon are most often small caliber and would be used only for small game such as rabbits or prairie dogs by hunters. Many states ban the use of the most common chambering, .223 Remington / 5.56 × 45 mm NATO, for hunting deer as it is underpowered for that purpose.
Supporters and Detractors
There are a wide variety of opinions concerning the appropriateness of legislative attempts to ban assault weapons and the suitability of these weapons for private ownership. This section merely attempts to provide the reader with some of the more widely held viewpoints for further consideration.
Those who support legislative attempts to ban assault weapons, including but not limited to groups such as the Brady Campaign and the Coalition to Stop Gun Violence, are highly critical of the private ownership of these weapons. They hold that assault weapons are designed to maximize lethal effects through a rapid rate of fire and by being spray-fired from the hip. They further contend that because of their design, a shooter can maintain control of an assault weapon even while firing many rounds in rapid succession, and thus, assault weapons pose an especially serious threat to public safety and should be banned. They also believe that all Americans have the right to be safe from gun violence; the availability and lethality of guns, and especially assault weapons, make death or severe injury more likely in domestic violence, criminal activity, suicide attempts, and unintentional shootings; and that it is possible to reduce the number of deaths and injuries caused by gun violence in general with reasonable, common sense policy, but especially through banning assault weapons. Many who oppose weapons of all kinds, but especially assault weapons, contend that there is no need in modern society for weapons, and that weapons only serve to escalate hostile situations, such as in hostage-taking or spree killings.
Those who oppose attempts to ban "assault weapons", including groups such as the National Rifle Association and Gun Owners of America, hold that the statutory laws defining "assault weapons" describe cosmetic appearances, only. As such, the operating characteristics of, and the firepower of these weapons is not significantly different from many other firearms having a different appearance. To bolster this argument, it is often pointed out that many weapons commonly classified as "assault weapons", such as semi-automatic versions of military assault rifles, use smaller calibers and less-powerful ammunition than many legal hunting rifles. They also suggest that these weapons are generally suitable for target shooting, collecting, and when necessary, civil and self defense (for example, to defend life and property during civil disturbances and emergencies when law enforcement services are not available, as evidenced in their successful usage by Korean-American store owners during the 1992 Los Angeles riots). They further contend that these types of weapons are not frequently used in crime, as evidenced by US Department of Justice statistics. Authors supporting gun rights such as Kenneth W. Royce additionally counter the "rapid rate of fire and spray-fired from the hip" beliefs by stating that rapid rates of fire do not necessarily increase the lethal effects of weapons, but all too often serve only to convert money (for purchasing ammunition) into noise at a more rapid rate. The end result, according to such authors, is that "assault weapons" only pose an apparent threat to public safety through their appearance, and banning them is for purely political reasons, and not for increasing public safety. Many who oppose attempts to ban assault weapons also assert that the right of Americans to possess them is guaranteed by the Second Amendment.