Assault Weapons Revisited

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Assault Weapons RevisitedPolicy Options for Regulating Rifles, Shotguns,

and Other Firearms 20 Years After the Passage

of the Assault Weapons Ban

By Arkadi Gerney and Chelsea Parsons September 2014


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Assault Weapons RevisitedPolicy Options for Regulating Rifles, Shotguns,

and Other Firearms 20 Years After the Passage

of the Assault Weapons BanBy Arkadi Gerney and Chelsea Parsons September 2014


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1 Introduction and summary

3 The evolution of regulations on different classes of firea

6 Current laws treat handguns and long guns differently

9 The impact of the assault weapons ban

11 Use of long guns in homicides and violent crime

15 Six recommendations for regulating long guns,

assault weapons, and other firearms

19 Conclusion

21 Endnotes

Contents


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1 Center for American Progress | Assault Weapons Revisited

Introduction and summary

oday20 years afer Presiden Bill Clinon signed he ederal assaul weapons

ban ino law in Sepember 1994 and a decade afer Congress allowed ha law o

lapsehe quesion o wheher and how o regulae paricularly lehal firearms

is no longer he primary ocus o he naional gun debae. While he quesion

o wha o do abou he prolieraion o cerain miliary-syle riflesso-called

assaul weaponsremains open, advocaes or sronger gun laws have recenly

ocused on he quesion o whomay possess guns, raher han whichype o guns

should receive heighened regulaion. In he wake o he December 2012 massacrea Sandy Hook Elemenary School in Newown, Connecicu, Presiden Barack

Obama, congressional leaders, and gun-violence prevenion advocaes alike made

deerring dangerous people rom accessing guns he op legislaive prioriy wih

a proposal or comprehensive background checks or all gun sales. In April 2013,

while he Senae also considered a new assaul weapons ban ha only musered 40

voes, he Manchin-oomey bill o expand background checks garnered 55 voes.1

Tis shif in ocus o preven dangerous people rom accessing guns is appropri-

ae: A broad se o research suggess ha such measures are effecive in reducing

gun violence.2Addiionally, here is overwhelming suppor in opinion polls or

expanding background checks and similar measures aimed a resricing danger-

ous people rom accessing guns.3Bu he debae persiss abou wheher and how

o bes regulae assaul rifles and oher ypes o firearms ha may pose heighened

risks o public saey. For more han 20 years, here has generally been only one

policy soluion offered in his debae: a ban on assaul weapons.

Tis repor considers how gun laws have evolved o address differen classes o

firearms and looks more broadly a how ederal and sae laws rea rifles and

shoguns differenly han handguns and wheher all o hose disincions coninueo make sense. I also examines daa on he changing naure o gun violence and

he increasing use o long guns and assaul rifles by criminals, wih a ocus on

Pennsylvania as a case sudy.


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Addiionally, his repor offers a new ramework or regulaing assaul weapons

and oher special caegories o guns ha balances he desire o law-abiding gun

owners o possess hese guns wih he need o proec public saey rom heir

misuse in dangerous hands. Tese policies include:

equire background checks or all gun sales equire dealers o repor muliple sales o long guns

Equalize inersae sales o long guns and handguns equire ederal firearms licenses or individuals ha manuacure guns

using 3D priners Bar possession and use o machine guns by individuals under he age o 16 equire a permi or possession o assaul weapons

weny years afer he successul passage o he ederal assaul weapons ban and

10 years afer is expiraion, he push or a ederal ban on hese guns seems suck

in neural. Bu much more can be done o srenghen regulaion o paricularlydangerous guns and o ensure ha laws regulaing handguns and long guns make

sense in odays conex.


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The evolution of regulations on

different classes of firearms

As commenaors on he gun debae in he Unied Saes have ofen noed, he ech-

nology o firearms has ransormed undamenally since he Second Amendmen

was raified in 1792.4A-15-ype assaul rifleswhich are now he mos popular

rifles in he U.S. marke and have been he weapon o choice or many recen mass

shooers5differ dramaically in capabiliy and lehaliy rom he muskes and flin-

lock pisols ha were commonplace in he evoluionary War era. As he echnol-

ogy o firearms has evolved, so has he debae abou how o regulae cerain ypes o

guns ha may be more dangerous or are oherwise inappropriae or civilian use.

Te firs major ederal firearms legislaion in he Unied Saeshe Naional

Firearms Ac o 1934, or NFAsingled ou wha were considered he mos dan-

gerous guns o he ime: machine guns and sawed-off shoguns.6Te Prohibiion

era saw he rise o organized criminal neworks ha were ofen armed wih fire-

arms such as he ommy gunhe ully auomaic Tompson submachine gun.7

Under his law and adjusmens made o i in he Firearm Owners Proecion Ac

o 1986, privae ownership o hese guns became sricly circumscribed. I is now

illegal or privae ciizens o buy or possess any machine gun ha was no already

in circulaion as o May 19, 1986,8and individuals who seek o own machine

guns mus undergo a heighened background-check process and regiser he gun

and he ransacion ranserring ownership wih he Bureau o Alcohol, obacco,

Firearms, and Explosives, or AF.9As a resul, hese guns are rarely used in crimes

in he Unied Saes: Only 0.6 percen o he guns recovered in connecion wih

crimes and raced by AF in 2013 were machine guns.10

Wih violen crime rising around he counry in he lae 1960s, a new ype o

firearm became he pariah o he naional gun debae. Cheap, low-qualiy, eas-

ily concealable handguns known as junk guns or Saurday nigh specialsbecame increasingly popular among criminals and emerged as he new arge or

regulaion during his period. Concern over hese gunsone o which was used

in he assassinaion o Sen. ober F. Kennedy in 196811led a number saes

o enac legislaion regulaing or banning hem.12While similar proposals a he


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ederal level were no successul, in he 1970s, here was suppor in boh paries

or banning such handguns, including rom Presiden ichard Nixon.13A num-

ber o naional advocacy groups launched during his period wih a ocus on

reducing handgun crime, including he organizaion now known as he Brady

Campaign o Preven Gun Violence, which was originally launched in 1980 as

Handgun Conrol, Inc.14

In he lae 1980s, he debae abou which guns o regulae mos ighly shifed

back o cerain kinds o rifles. Te ocus his ime was no on ully auomaic

machine guns bu raher on high-powered, semi-auomaic rifles wih miliary-

syle eaures.15Tese assaul weapons were used in a number o high-profile

shooings, mos noably he mass shooing a Cleveland Elemenary School in

Sockon, Caliornia, on January 17, 1989, during which 5 children were killed

and 29 ohers injured. Tis inciden moivaed Presiden George H.W. Bush o

sign an execuive order in July 1989 banning he imporaion o oreign-made

semi-auomaic assaul rifles in an effor o limi heir availabiliy in U.S. markes.16

Te Sockon shooing also led o he enacmen o a ederal assaul weapons ban

as par o he Violen Crime Conrol and Law Enorcemen Ac o 1994.17Tis

law prohibied manuacuring, selling, or possessing a semi-auomaic assaul

weapondefined by a lis o 19 specific guns, as well as guns wih cerain eaures,

such as olding or elescoping socks, a pisol grip, or a hreaded barrel.18Te

legislaion included a sunse provision ha he law would expire in 2004 unless

affirmaively renewed.19Congress ailed o renew he legislaion, and i lapsed in

Sepember 2004.20

Anoher ype o gun also received atenion in he lae 1980s due o an evoluion

in firearm echnology. Te gun manuacurer Glock spearheaded a process ha

allowed handguns o be manuacured using plasic polymer raher han meal,

which made hem poenially undeecable by meal deecors. Concern over

hese new guns and he hrea hey posed o airline securiy led o he enacmen

o he Undeecable Firearms Ac o 1988, which banned firearms ha did no

conain a cerain amoun o meal.21Te Glockwhich is now complian wih

his lawhas become he mos popular handgun in he Unied Saes.22


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In recen years, he Supreme Cour has also weighed in on he

quesion o wheher some ypes o guns warran heighened

regulaion. Is landmark 2008 decision inDistrict of Columbia v.

Heller23held ha he Second Amendmen guaranees he righ

o law-abiding persons o possess handguns in heir home24bu

deermined ha his righ is no unlimied and was no a righ okeep and carry any weapon whasoever in any manner whaso-

ever and or whaever purpose.25Te Cour gave a ew examples

o resricions on he individual righ o possess guns ha would

be presumpively valid, including bans and heighened regula-

ions on cerain ypes o guns ha he Cour called dangerous

and unusual weapons.26Te exac scope o he individual righ

ound in Hellerand he exen o which resricions on dangerous

and unusual weapons are wihin consiuional bounds has ye o

be deermined. However, lower ederal cours across he counry

have upheld sae limiaions on assaul weapons, mos recenlyin Maryland in Augus 2014.27

As he echnology and regulaion o firearms has evolved, so

oo has gun culure and consumer atiudes abou paricular

ypes o firearms. For much o he 20h cenury, he culure

o civilian gun ownership cenered on huning and shooing

spors. Bu firearm ownership has shifed disincly oward

sel-deense in recen years. In 1999, 49 percen o gun own-

ers repored possessing guns or huning and 26 percen or

proecion. By 2013, hose numbers had shifed o 32 percen

and 48 percen, respecively.28Semi-auomaic handguns wih

larger magazines have also gained populariy over radiional

6-sho revolvers, and miliary-syle semi-auomaic black rifles have overaken

he wooden-sock rifles ha used o predominae.29

Tese rends are boh a cause and a consequence o he shifing characer o he

Naional ifle Associaions, or NRs, advocacy. Te NRwhich suppored

some gun-conrol legislaion in he 1960sbecame a more sriden voice in policy

debaes beginning in he 1970s and now rouinely dismisses he ypes o legislaivecompromises i had previously suppored.30Tese changes in he characer o gun

ownership and in he larges organizaion purporing o represen gun owners have

made debaes abou regulaing cerain ypes o guns paricularly conenious.

1934 National Firearms Act enacted, imp

restrictions on machine-gun commerce

1970s Several states ban Saturday nigh

cial handguns

1986 Firearm Owners Protection Act ena

further regulates machine guns

1988 Undetectable Firearms Act enacted

1989 Stockton, California, schoolyard sho

and President George H.W. Bushs executivebarring importation of foreign-manufactur

assault rifles

1994 Federal assault weapons ban enact

2004 Federal assault weapons ban expire

2008 Supreme Court decision in District

Columbia v. Hellerindicates Second Amen

allows for regulation of dangerous and unu

weapons

The history offirearm regulation


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Current laws treat handguns

and long guns differently

Curren ederal and sae gun laws reflec he evolving concerns o he imes in

which hey were enaced. For a variey o valid reasonsincluding he rise in

violen crime beginning in he 1970s and he disproporionae use o handguns

in crimeodays laws regulae handguns more sricly han long guns, a cach-all

caegory ha includes rifles and shoguns. Some inrinsic eaures o handgunsin

paricular, he abiliy o easily conceal hemmake hem a beter fi or he urban

environmens where he lae-20h cenury crime waves ook hold. Moreover, rifles

and shoguns are he ypes o firearms mos associaed wih shooing spors andhuning. Tereore, many ederal and sae legislaors ocused on regulaing he

guns ha were mos conneced o urban gun crime and laws ha would have a

minimal impac on radiional huning and sporing aciviies. For all o hese rea-

sons, sae and ederal laws end o regulae handguns more sricly han long guns.

Federal law, or example, disinguishes beween long guns and handguns wih

regard o he minimum age a which one may possess such firearms. Federal law

prohibis he possession o handguns by individuals under he age o 18 bu has

no age resricion or rifles and shoguns.31Federal law also requires licensed gun

dealers o provide a lock or oher secure sorage device wih he sale o every

handgun bu does no impose a similar requiremen or long guns.32Similar

disincions are also presen a he sae level.33Anoher disincion in ederal law

beween handguns and long guns concerns he abiliy o individuals o purchase

guns ouside o heir sae o residence. Under a ederal law aimed a prevening

illegal inersae rafficking in handguns, a licensed gun dealer is prohibied rom

selling a handgun o an ou-o-sae residen bu may sell he same individual a

long gun, including an assaul rifle.34

One o he mos significan ederal disincions beween handguns and longguns perains o licensed gun dealers responsibiliy o repor when an individual

buys wo or more handguns in a five-day period o he AF.35Firs required in

1975,36his reporing is a crucial law-enorcemen ool since muliple purchases

are a srong indicaor o illegal gun rafficking.37However, similar reporing is

no required by saue or muliple sales o rifles and shoguns. Tis gap pus law


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enorcemen a a significan disadvanage in ideniying gun rafficking neworks

and illegal sraw purchases o hese guns. As discussed laer in his repor, long

guns make up a growing share o he guns used by violen criminals o commi

homicides and are requenly rafficked in illegal secondary markes. Addiionally,

Mexican drug gangs illegally raffic long guns across he souhern border in high

numbers. According o AF race daa, he percenage o rifles recovered byMexican law enorcemen in connecion wih crimesmany o which are assaul

rifleshas risen rom 28 percen o all crime guns recovered in 2007 o 43 per-

cen in 2011.38O he firearms recovered in connecion wih he criminal aciviy

o Mexican drug carels, U.S. gun dealers originally sold more han hal.39

Te Obama adminisraion parially filled his gap in 2011 hrough an execu-

ive order requiring gun dealers in our souhern-border saes o repor when-

ever an individual buys more han one semi-auomaic rifle wihin a five-day

period.40Tese repors have been a successul ool in he figh agains firearms

rafficking by drug carels along he U.S.-Mexico border. During he firs eighmonhs o he new reporing requiremen, AF iniiaed 120 invesigaions

based on repors o muliple assaul rifle sales and recommended prosecuion o

more han 100 deendans in 25 separae cases.41Bu or long-gun sales ouside

o hese our saes, his reporing is no required and law enorcemen does no

have he benefi o his valuable inelligence.

Te Chrismas Eve 2012 ambush o firefighers in Webser, New York, provides an

example o how ailure o repor muliple sales o all guns limis law enorcemens

abiliy o preven gun crimes. In his case, a sraw purchaser bough muliple

guns, including an assaul rifle, on behal o a conviced elon who was previously

conviced o killing his grandmoher wih a hammer.42Had he purchase involved

muliple handguns, he circumsances o he sale may have riggered a sraw-pur-

chase invesigaion by AFpossibly heading off he atack and prevening he

murder o wo firefighers. Bu because he purchase o muliple guns involved an

assaul rifle, i wen unrepored, which allowed he sraw purchaserand here-

ore he elon as wello avoid invesigaion prior o he atack.

Tere are also gaps in sae laws relaing o long guns ha creae serious risks o

public saey. Federal law only requires licensed gun dealersbu no privaeindividualso conduc background checks prior o selling a firearm, which

leaves a significan porion o gun ransers ree o occur wihou any mecha-

nism in place o ensure ha he purchaser is no prohibied rom gun ownership.

Closing his privae-sale loophole became he primary ocus o he legislaive

debae in he U.S. Senae in he monhs ollowing he Newown massacre.


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Alhough ha effor was unsuccessul, 17 saes have a leas parially closed his

loophole by requiring background checks or some privae sales. O he saes

ha have srenghened sae law o preven elons, domesic abusers, and oher

dangerous individuals rom having easy access o guns, six have expanded his

proecion only o handgun sales. In Pennsylvania43and Maryland,44background

checks are required or all privae sales o handguns bu no all privae sales orifles and shoguns. In Iowa,45Michigan,46Nebraska,47and Norh Carolina,48

all individuals who purchase a handguneiher hrough a licensed dealer or a

privae salemus firs obain a license or permi o purchase he gun, which

includes a background check. Bu hese permis and corresponding background

checks are no required or prospecive buyers o rifles and shoguns in hese

saes.

Exemping rifles and shoguns rom background-check requiremens only parially

closes he privae-sale loophole. Par o he raionale or imposing sronger over-

sigh on handguns is ha hey are used by criminals more ofen and, as he execu-ive vice presiden o he Norh Carolina Sheriffs Associaion explained, Is very

easy o conceal a handgun.49However, while handguns make up he majoriy o

firearms used in crimes, rifles and shoguns make up a subsanialand increas-

ingshare o crime guns, paricularly in suburban and rural communiies, and he

jusificaion or regulaing hem less sricly han handguns has largely dissipaed.


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The impact of the

assault weapons ban

While some areas o he law are more lenien wih respec o long guns, here has

been a movemen in a number o saes and a he ederal level o impose heigh-

ened regulaions on one class o long guns: assaul weapons.50Te definiion o

assaul weapons varies, bu i generally reers o semi-auomaic rifles ha have cer-

ain eaures common o miliary-syle firearms ha allow he gun o fire muliple

high-velociy rounds quickly and wih maximum conrol, such as barrel shrouds,

elescoping and olding socks, and pisol grips.51Assaul weapons pose a paricu-

lar concern o public saey because o he significan amoun o damage hey cancause in a shor period o ime. Tese firearms have ofen been used in he mos-

noorious mass shooings, such as he massacres in Newown, Connecicu, and

he July 2012 movie heaer shooing in Aurora, Colorado.52In ac, an Everyown

or Gun Saey analysis o all U.S. mass shooingshose in which our or more

people were killedbeween January 2009 and July 2014 ound ha 156 percen

more people were sho and 63 percen more people were killed when shooers used

assaul weapons or high-capaciy magazines han oher ypes o firearms.53

As previously discussed, Congress passed a ederal assaul weapons ban in 1994

ha was in effec or 10 years beore i was allowed o expire in 2004.54Boh sup-

porers and opponens o an assaul weapons ban criicize he 1994 law. While

opponens argue ha he ban was ineffecive and did no reduce crime, suppor-

ers argue ha he law suffered rom wo aal flaws. Firs, i applied only o guns

manuacured afer he effecive dae, meaning ha an esimaed 1.5 million

assaul weapons already in circulaion prior o 1994 were unaffeced. Addiionally,

he laws definiion o an assaul weapon made i easy or manuacurers o adjus

guns eaures o evade he ban.55

Afer he ban wen ino effec, research ound ha he law did reduce he useo assaul weapons in crime. Te primary ederal sudy conduced on he bans

impac ound ha he number o assaul weapons recovered in crimes and

submited o AF or racing ell dramaically while he ban was in effec: Te

percenage o assaul rifles banned under he law and raced in connecion wih

crimes ell by 70 percen rom 19921993 o 20012002.56A review o crime


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daa rom six ciies also ound a 32 percen reducion in he criminal use o

assaul weapons while he ban was in effec.57However, his sudy ulimaely

concluded, we canno clearly credi he ban wih any o he naions recen drop

in gun violence because any reducion in he use o assaul weapons in crime

was likely ouweighed by a rise in he use o non-banned semiauomaic firearms

wih large capaciy magazines.58

Te auhor o he sudy did find, however, hahe grandaher provisions o he ban mean ha he ull effecs o he law on he

use o assaul weapons in crime would occur only gradually over ime and ha

Tose effecs are sill unolding and may no be ully el or several years ino

he uure.59esricions on public access o gun racing daa have rusraed

effors o undersand he impac o he bans expiraion in 2004.60

An effor o enac a renewed ederal assaul weapons ban gained some momenum

afer hese ypes o guns were used in he mass shooings in Aurora and Newown;

however, his legislaion has since salled in Congress.61Seven saes and he Disric

o Columbia have also enaced laws banning assaul weapons,62and a number ohese saes srenghened laws hey already had afer he Newown shooing.63

Wih he expiraion o he 1994 ederal assaul weapon ban and because long guns

are generally regulaed less sricly han handguns, assaul rifles occupy a srange

legal posiion in mos saes oday: Tey are significanly lessregulaed han hand-

guns. Te differenial reamen o long guns and handguns daes back o an era

when he vas majoriy o rifles available or sale were radiional models designed

or huning, arge shooing, and oher shooing spors. However, in ligh o he

rising sales o assaul rifles, heir connecion o high-profile shooings and Mexican

carel rafficking, and he increasing share o gun murders using hese weapons, i is

ime o revisi how ederal and sae laws rea long guns and handguns.


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Use of long guns in homicides

and violent crime

Te major jusificaion or regulaing handguns and long guns differenly is he

ac ha handguns are more ofen used in crimes han rifles and shoguns. Bu

in recen decades, he share o crimes involving long guns has risen seadily.

According o FBI daa, 83 percen o homicides involving firearms in 1994

involved handguns and jus 17 percen involved rifles or shoguns. By 2011, hand-

guns coninued o be he main insrumen or killers using firearms, bu he share

o homicides using long guns had increased: 73 percen o homicides naionwide

commited wih a firearm involved a handgun, while rifles and shoguns were usedin 27 percen o gun murders.64

Addiionally, alhough naional daa show ha handguns coninue o be usedmore requenly in homicides naionwide, breaking down he daa by commu-

niy size reveals a differen sory. While handguns are used in 91 percen o gun

murders in he larges urban areashose wih 1 million or more residenslong

guns are used in a much higher share o murders in oher ypes o communiies.

FIGURE 1

Increasing use of long guns in homicides, 19942011

*Includes rifles, shotguns, and other firearms.

Source: Michael Planty and Jennifer L. Truman, "Firearm Violence, 1993-2011" (U.S. Department of Justice, 2013), available athttp://www.bjs.gov/content/pub/pdf/fv9311.pdf.

1994 2011

Other firearm*

Handgun

17.3% 27.1%

72.9%82.7%


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In rural areas, nearly hal o gun murders47 perceninvolved a gun oher

han a handgun, ypically rifles and shoguns.65In suburban areas, guns oher han

handguns were used in 31 percen o gun murders in 2011.66

In addiion o hese regional variaions, rifles and shoguns are also used agains

law-enorcemen officers wih alarming requency. O he 535 law-enorcemenofficers murdered in he line o duy naionwide beween 2003 and 2012, 24

percen were killed wih rifles or shoguns.67Long guns are also used requenly

in mass shooings. In 2011, 47 percen o homicides ha involved our or more

vicims were perperaed wih a gun oher han a handgun.68According o an

Everyown or Gun Saey analysis o all recen mass shooings in he Unied

Saes beween January 2009 and July 2014, 34 percen o he shooings in which

he ype o firearm could be idenified involved a rifle or shogun.69

Anoher measure o he requency wih which rifles and shoguns are used o

commi crimes is crime-gun race daa repored by AF. When law-enorcemenofficers recover a gun in connecion wih a crime, hey have he opion o submi-

ing inormaion abou ha gun o AF o be raced, a process ha racks he gun

rom is origin in he Unied Saes hrough a manuacurer or imporer o is firs

reail sale by a licensed firearms dealer.70AF raced more han 69,000 rifles and

shoguns in 201328 percen o all crime guns recovered and raced naionwide

ha year.71In a number o saes, he proporion o long guns recovered in connec-

ion wih crimes was significanly higher han he naional average. In 2013, long

guns made up more han 40 percen o crime guns raced in Hawaii, Idaho, Maine,

Maryland, Monana, Nebraska, Norh Dakoa, and Wes Virginia and more han

50 percen o crime guns raced in Souh Dakoa and Vermon.72


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Pennsylvania enacted a law in 1995 requiring background checks for

the private sale of handguns in the state.73However, this requirement

does not apply to the private sale of most rifles and shotguns.74State

crime data show that the nationwide trend toward increased use of

long guns in gun murders is also occurring in Pennsylvania. An analysis

of FBI data shows that the use of guns other than handguns in murders

has more than doubled from 8 percent of all gun murders in the state

in 1998 to 21 percent in 2012.75ATF aggregated trace data reports from

Pennsylvania also support this trend: Rifles and shotguns accounted for

an average of 22.75 percent of crime guns traced between 2006 and

2009 but an average of 26.2 percent between 2010 and 2013.76

Ensuring that felons and other dangerous individuals are not able toeasily buy rifles and shotguns through private sales without back-

ground checks has taken on particular importance in Pennsylvania

because of the frequency with which such guns are used to kill law-

enforcement officers. Between 2008 and 2014, 17 law-enforcement

officers were murdered in Pennsylvania, and 47 percent of them were

killed with a rifle or shotgun.77This toll is significantly higher than the

national average: 25 percent of officers murdered nationwide were

killed with rifles and shotguns between 2008 and 2012.78Several

recent cases in Pennsylvania highlight the risks of criminals armed

with assault rifles and other long guns:

Richard Poplawski ambushed two police officers in Pittsburgh on

April 4, 2009, as they responded to a 911 call placed by Poplawskis

mother, who reported a domestic disturbance and requested that

officers remove Poplawski from her home. When the officers arrived,

Poplawskiarmed with an assault rifle, a shotgun, and a pistol and

wearing a bullet proof vestshot them both in the head, killing

them. Poplawski also shot and killed the third officer to arrive at

the scene and shot and injured a fourth. The incident resulted in a

standoff with police that lasted four hours before Poplawski was ap-

prehended. Poplawski was convicted of three counts of first-d

homicide and other charges and was sentenced to death.79

Ronald Robinson shot and killed Penn Hills Police Officer MichCrawshaw with an assault rifle on December 7, 2009. Crawsh

responding to a 911 call reporting that Robinson had just sho

killed a civilian, Danyal Morton, following an argument. Craw

parked his patrol car two houses away from the crime scene a

was waiting for backup when Robinson shot him multiple tim

through the windshield, killing him. Robinson had a lengthy c

nal history and was prohibited from possessing guns. Robinso

was convicted for the murders of Crawshaw and Morton and

sentenced to two consecutive life sentences.80 conti

Case study:

Background checks in Pennsylvania

*Includes rifles, shotguns, and other firearms.Source: Center for American Progress analysis of Federal Bureau of Investigation, Uniform CrimCrime in the United States(U.S. Department of Justice, 19982012).

FIGURE 2

Breakdown of gun murders in Pennsylvania, by y

0

20

40

60

80

100

Percentageofhomicides

10

30

50

70

90

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

20 1

Handgun

Other gun*


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Te significan and rising share o gun crime and murder associaed wih long

guns is no driven by a sheer increase in long-gun crime, bu raher by he acha handgun crime has declined aser and more exensively ha long-gun crime.

Tere are many acors driving his rend, including ha overall crime is declin-

ing more significanly in large ciies han rural areas.84Bu, as a number o sudies

have concluded, sronger gun laws are associaed wih lower gun crime.85I is ime

o reassess some o he ederal and sae laws ha have less-robus regulaions or

long gunsincluding assaul rifleshan handguns.

Michael Connor shot and killed Burks County Sheriffs Deputy Kyle

Pagerly with an AK-47 assault rifle on June 29, 2011, as Pagerly

attempted to arrest him on charges stemming from an earlier in-

cident in which he had fired shots into the ground and threatened

to kill members of his family. Connor was shot and killed by policeat the scene. Connor had an extensive criminal record and was

prohibited from gun ownership but was able to obtain the rifle

used to kill Pagerly and a number of other guns through private,

no-background-check transactions with friends and family mem-

bers. Those individuals were subsequently convicted for ille

providing Connor with guns.81

Legislation has been introduced in the Pennsylvania General Ass

to close this loophole and require background checks for the privsale of rifles and shotguns, as well as handguns.82An overwhelm

majority of Pennsylvania voters support applying the backgroun

check requirement to all gun sales: A January 2013 Quinnipiac U

ty poll found that 95 percent of respondents supported the prop


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Six recommendations for

regulating long guns, assault

weapons, and other firearms

Te daa discussed above make one hing perecly clear: In he wrong hands, long

guns are jus as dangerous as handguns and, in he case o assaul rifles, are ofen

more so. While handguns are sill used more requenly in crimes, an increas-

ing porion o gun homicides are commited wih rifles and shogunsreaching

nearly 50 percen in many rural communiies. Many o he disincions in how

ederal and sae laws rea differen caegories o firearms made sense a he ime

o enacmen, bu some o hese disincions have creaed legal gaps ha meri

atenion. Below are a series o recommendaions ha would bring some key lawsregulaing long-gun commerce ino line wih hose regulaing handguns. Tese

proposals also offer an approach o limiing he risks associaed wih assaul rifles

and oher uniquely dangerous guns wihou banning sales or possession.

Require background checks for all guns sales

Firs, Congress and sae legislaures mus close he privae-sale loophole and

require background checks or all privae sales o firearms, wih some limied

excepions or amily ransers and emporary ransers. Only hrough a sysem

o universal background checks can we beter ensure ha dangerous, prohibied

individuals are no able o easily buy firearmsincluding miliary-syle assaul

rifleshrough privae sales wih no quesions asked. In addiion, he six saes

ha have parially closed his loophole or all handgun sales should amend hose

laws o include sales o long guns as well. Lawmakers in Pennsylvania have aken

a good firs sep oward his goal by inroducing H.B. 1010, which would require

background checks or privae sales o long guns. Tis bill should be passed and

signed ino law during he nex legislaive session.


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Require dealers to report multiple sales of long guns

Congress should require reporing o muliple sales o long guns by gun dealers

naionwide, jus as has been required or muliple sales o handguns since 1975. Te

reporing o muliple sales provides crucial inelligence regarding firearms raffick-

ing. As criminals increasingly use long guns in violen crimes, he law needs o keeppace. In lieu o congressional acion, he presiden should use execuive auhoriy

o expand he 2011 muliple-sale-reporing requiremen or long guns beyond he

curren requiremen or dealers in he our souhern border saes. Specifically, AF

should issue a new demand leter insrucing ederally licensed dealers who have

been associaed wih more han five crime-guns races in prior years o repor all

muliple sales involving rifles ha accep a deachable magazine and are capable o

firing a round larger han a .22 caliber or any acical shogun wih a pisol grip.86

Equalize interstate sales of long guns and handguns

Under curren law, no person may sell a handgun across sae lines o an ou-o-

sae residena measure inended o preven gun rafficking87bu here is no

such resricion on sales o rifles or shoguns, including assaul rifles. As a com-

promise, Congress should enac legislaion allowing licensed gun dealers o sell

any firearm o an ou-o-sae residen who appears in person. Tis would bring

he inersae sale o handguns ino line wih he curren law on sales o long guns,

which are permited under ederal law. However, o ensure ha law enorcemen

has adequae ools o ideniy and invesigae illegal inersae gun rafficking, his

loosening o resricions should be accompanied by a requiremen ha all sales

o firearms o ou-o-sae residensboh handguns and long gunsmus be

repored o AF and sae police in he buyers sae o residence, similar o he

way ha muliple sales are currenly repored.

Require federal firearms licenses for individuals

that manufacture guns using 3D printers

echnological advances in 3D prining have made i possible or individuals o man-uacure uncional guns and receivers simply by buying a priner and download-

ing a blueprin. No only does his creae he opporuniy or individuals who are

prohibied rom possessing firearms o evade he law, bu i also poses a new hrea

o naional securiy since hese guns are undeecable by meal deecors and oher

securiy screening devices. Congress should enac legislaion requiring individuals


20/28


seeking o manuacure firearms using a 3D priner o firs obain a ederal firearms

license and updae he Undeecable Firearms Ac o prohibi he producion,

ranser, or possession o firearms in which deecable elemens are no essenial o

he operaion o he firearm. Doing so would ensure some level o regulaion and

oversigh over hese individuals and help preven his newes generaion o uniquely

dangerousand poenially undeecableguns rom ending up in risky hands.

Bar possession and use of machine guns

by individuals under the age of 16

Machine guns have been sricly regulaed or 80 years. As described earlier, indi-

viduals seeking o possess hese highly dangerous guns mus apply or a special

license, undergo a rigorous background-check process, and receive approval rom

boh ederal and sae law enorcemen.88Ye, hese sric rules do no apply o

emporary use a a gun range. emarkably, no law prevens children rom han-dling ully auomaic guns a shooing ranges. Tis pracice recenly led o he aal

shooing o an insrucor in Whie Hills, Arizona, who was eaching a 9-year-old

girl how o operae a ully auomaic Uzi sub-machine gun.89While such incidens

are rare, his is no he firs ime ha allowing a young child o use a machine gun

a a shooing range has resuled in ragedy. In 2008, an 8-year-old boy, who was

learning how o shoo a similar machine gun in Massachusets, los conrol o he

gun and aally sho himsel in he head.90

While millions o American childrenincluding one o he auhors o his repor

when he was youngerhave saely engaged in arge range shooing wih proper

supervision and firearms ha are appropriae o heir age, mauriy, and physical

capabiliies, here is no appropriae and sae way or a child o operae a ully auo-

maic machine gun. Congress and he saes should enac legislaion prohibiing

even emporary possession and operaion o machine guns by any person under

he age o 16.91

Require a permit for possession of assault weapons

Finally,

Congress and/or he saes should enac legislaion ha requires individu-

als seeking o purchase or possess an assaul weapon o firs obain a permia less

resricive alernaive o an assaul weapons ban. While he precise conours o such

a permiting sysem require addiional consideraion, requiring individuals o ge


21/28


a permi prior o obaining an assaul weapon would help ensure ha hese high-

powered, miliary-syle firearms do no end up in he wrong hands and also allow

responsible, law-abiding individuals o coninue purchasing and owning hem.

Te idea o requiring permis or unusually dangerous guns or he poenially

dangerous use hereo is no new. Tere are wo models or such a sysem inhe curren law. Firs, ully auomaic guns are subjec o an exensive oversigh

sysem hrough he Naional Firearms Ac o 1934 under which any ranser mus

be approved by AF ollowing a process ha, among oher hings, requires he

submission o fingerprins and a cerificaion by local law enorcemen ha here

is nohing o indicae ha he individual will use he firearm or oher han lawul

purposes.92While his NFA Class III licensing sysem only permis licensees o

purchase machine guns ha were in circulaion in May 1986, a permiting sysem

or assaul weapons could allow purchases o new assaul rifles rom gun dealers.

Second, 46 saes have implemened permiting sysems or carrying concealed

guns. While he relaive srengh o hese laws vary widely, hey ypically requiresome degree o raining or educaion prior o issuance o a license, and here are

a leas some addiional exclusions and law-enorcemen review beyond he basic

ederal gun-possession sandards in mos saes.93

Boh o hese permiting approaches seek o srike a balance beween proecing

he public rom poenially dangerous aciviypossession o machine guns in

one circumsance and he carrying o loaded, concealed guns in anoherwhile

mainaining he abiliy o law-abiding gun owners o engage in hese aciviies.

A similar approach should be considered or he regulaion o assaul weapons,

which would offer a sensible middle ground beween miigaing he risk o pub-

lic saey and he desire o law-abiding individuals o coninue o purchase and

own hese very popular guns.


22/28


Conclusion

From he muskes o he evoluionary War era and he machine guns o

Prohibiion o he assaul rifles avored by odays mass shooers, differen hisori-

cal momens have ocused atenion on differen ypes o guns and heir proper

place in sociey. Each ime, here has been recogniion ha some guns are poen-

ially more dangerous han ohers and may warran heighened regulaion.

Te presen momen provides an opporuniy o look comprehensively a he evo-

luion o he echnology and culure o firearms and which regulaions make sensein odays environmen. In some areas, long-gun laws ough o be brough in line

wih hose regulaing handguns in recogniion o he increasing role o long guns

in crimes and he need o ensure ha all guns, even hose radiionally viewed as

he ools o huners, are kep ou o dangerous hands. New approaches should also

be considered or sronger regulaion o firearms ha pose heighened risks o

public saey, such as assaul rifles and 3D prined guns. In all o hese cases, poli-

cymakers should find opporuniies o craf laws ha boh proec he ineress o

responsible, law-abiding gun owners and make i harder or criminals, abusers, he

seriously menally ill, and oher dangerous persons o acquire and misuse guns.


23/28


About the authors

Arkadi Gerneyis a Senior Fellow a he Cener or American Progress. His work

ocuses on crime, gun policy, immigraion, daa innovaion, and daa privacy. Prior

o joining CAP, he was senior direcor or policy, parnerships, and public affairs a

Opower, a as-growing sofware company ha works wih more han 75 uili-ies in he Unied Saes and across he globe o improve he effeciveness o heir

energy-efficiency porolios and moivae heir cusomers o save energy. Prior o

joining Opower, Gerney worked as special advisor and firs depuy criminal

jusice coordinaor o New York Ciy Mayor Michael . Bloomberg (I), where he

managed Mayors Agains Illegal Guns, a naional coaliion ha Mayor Bloomberg

co-chairs. During his ime in he mayors office, Gerney oversaw he coaliions

growh o more han 600 mayors, led successul campaigns o influence ederal

legislaion, parnered wih Wal-Mar o develop a landmark gun-seller code o

conduc, and led New York Ciys undercover invesigaion o ou-o-sae gun

shows. He received his bachelors degree in governmen rom Harvard Collegeand a law degree rom Harvard Law School.

Chelsea Parsonsis Direcor o Crime and Firearms Policy a he Cener. Her

work ocuses on advocaing or progressive laws and policies relaing o guns and

he criminal jusice sysem a he ederal, sae, and local levels. Prior o joining

American Progress, she was general counsel o he New York Ciy criminal jusice

coordinaor, a role in which she helped develop and implemen criminal jusice

iniiaives and legislaion in areas including human rafficking, sexual assaul and

amily violence, firearms, ideniy hef, indigen deense, and jusice sysem

improvemens. She previously served as an assisan New York sae atorney gen-

eral and a saff atorney law clerk or he Second Circui Cour o Appeals. She is a

graduae o Sarah Lawrence College and Brooklyn Law School.

Acknowledgements

Te auhors wish o hank Nicholas Ahamed, Shira Goodman, Meredih Lukow,

Anne Paisley, Charles Posner, and Lauren Speigel or research assisance, daa

analysis, and ediing or his repor.


24/28


Endnotes

1 The official final vote count on the Manchin-Toomeybackground-checks amendment was 54 in favor and 46opposed; however, Majority Leader Harry Reid (D-NV)supported this legislation and originally voted in favorbut changed his vote to no when it was clear the mea-sure would not pass as a procedural tactic to allow him

to bring it to the floor again at a later date. JonathanWeisman, Senate Blocks Drive for Gun Control, TheNew York Times, April 17, 2013, available athttp://www.nytimes.com/2013/04/18/us/politics/senate-obama-gun-control.html?pagewanted=all.

2 See, for example, Daniel Webster, Cassandra KercherCrifasi, and Jon S. Vernick, Effects of the Repeal ofMissouris Handgun Purchaser Licensing Law on Homi-cides,Journal of Urban Health91 (2) (2014): 293302;Garen J. Wintemute and others, Prior MisdemeanorConvictions as a Risk Factor for Later Violent andFirearm-Related Criminal Activity Among AuthorizedPurchasers of Handguns, The Journal of the AmericanMedical Association280 (24) (1998): 20832087.

3 See, for example, Quinnipiac University, Getting InWas Wrong; Getting Out Was R ight, U.S. Voters TellQuinnipiac University National Poll; 92 Percent Back

Background Checks For All Gun Buys, Press release,July 3, 2014, available at http://www.quinnipiac.edu/news-and-events/quinnipiac-university-poll/national/release-detail?ReleaseID=2057; The Washington Post-ABC, National Poll March 2013, April 12, 12013, avail-able at http://www.washingtonpost.com/page/2010-2019/WashingtonPost/2013/03/12/National-Politics/Polling/question_10030.xml.

4 See, for example, Michael Waldman, The Second Amend-ment: A Biography(New York: Simon & Schuster, 2014).

5 Meghan Lisson, Run on Guns: AR-15 Sales Soar,CNBC, April 25, 2013, available athttp://www.cnbc.com/id/100673826; Natasha Singer, The Most WantedGun in America, The New York Times, February 2, 2013,available at http://www.nytimes.com/2013/02/03/business/the-ar-15-the-most-wanted-gun-in-america.html?pagewanted=all&_r=0.

6 Bureau of Alcohol, Tobacco, Firearms and Explosives,National Firearms Act (NFA), available athttp://www.atf.gov/firearms/nfa/index.html(last accessed February2014).

7 Bureau of Alcohol, Tobacco, Firearms and Explosives,History of ATF from Oxford University Press, Inc. 17891998 U.S., available at http://www.atf.gov/kids/about/history/(last accessed May 2014).

8 18 U.S.C. 922(o). The Firearms Owners Protection Actwas enacted in 1986 and strengthened the regulation offully automatic machine guns by prohibiting the transferor possession of these guns by civilians unless they werealready in circulation on the effective date of that act.Firearm Owners Protection Act, Public Law 99308.

9 26 U.S.C. 5841; Bureau of Alcohol, Tobacco, Firearms

and Explosives, National Firearms Act Handbook(U.S.Department of Justice, 2009), available at https://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8.pdf.

10 Bureau of Alcohol, Tobacco, Firearms and Explosives,Firearms Trace Data 2013, available athttps://www.atf.gov/content/About/statistics/firearms-trace-data-2013(last accessed September 2014).

11 Roy Macartney, Senate rejects Kennedy gun controlplan, The Age, August 9, 1972, p. 10; CongressionalRecord, daily ed., April 18, 1996, p. S3613.

12 Seven states have enacted laws regulating junk guns,including California, Massachusetts, and New York,

generally by imposing specific safety or design stan-dards for handguns that may be possessed or sold inthe state. Law Center to Prevent Gun Violence, DesignSafety Standards Policy Summary, December 1, 2013,available at http://smartgunlaws.org/gun-design-safety-standards-policy-summary/.

13 Associated Press, Richard Nixon wished for a TotalHandgun Ban, March 11, 2013 , available athttp://news.yahoo.com/ap-enterprise-nixon-wished-total-handgun-ban-081806381.html.

14 Brady Campaign to Prevent Gun Violence, Our History,available at http://www.bradycampaign.org/our-history?gclid=Cj0KEQjwveufBRDlsNb3kbtwMIBEiQASNH0xmMtFo080lpPuhdmNU2NT1i4ej2A95zSCIrZQackNK-caArV38P8HAQ(last accessed September 2014).

15 Fully automatic firearms continue to fire rounds as

long as the trigg er remains depressed. Semi-automaticfirearms fire one round with each pull of the trigger andcan fire rounds as quickly as the trigger can be repeat-edly pulled. See Mark Joseph Stern, The Gun Glossary,Slate, December 17, 2012, available athttp://www.slate.com/articles/news_and_politics/explainer/2012/12/the_gun_glossary_definitions_of_firearm_lingo_and_types_of_weapons.html.

16 Susan Rasky, Import Ban on Assault Rifles BecomesPermanent, The New York Times, July 8, 1989, availableathttp://www.nytimes.com/1989/07/08/us/import-ban-on-assault-rifles-becomes-permanent.html.

17 Kevin Johnson, Stockton School Massacre: ATragically Familiar Pattern, USA Today, April 2, 2013,available at http://www.usatoday.com/story/news/na-tion/2013/04/01/stockton-massacre-tragically-familiar-pattern-repeats/2043297/; Law Center to Prevent Gun

Violence, Key Congressional Acts Related to Firearms,May 21, 2012, available at http://smartgunlaws.org/key-federal-acts-regulating-guns/.

18 Law Center to Prevent Gun Violence, Assault WeaponsPolicy Summary, June 19, 2013, available athttp://smartgunlaws.org/assault-weapons-policy-summary/.

19 Ibid.

20 Associated Press, Congress lets assault weapons banexpire, NBC News, September 13, 2004, available athttp://www.nbcnews.com/id/5946127/ns/politics/t/congress-lets-assault-weapons-ban-expire/#.VAh-99CbD-70.

21 Josh Getlin, Congress Passes Bill to Ban Weapons Madeof Plastic, Los Angeles Times, October 21, 1988.

22 Paul M. Barrett, Glock: The Rise of Americas Gun(NewYork: Broadway Books, 2013) .

23 554 U.S. 570 (2008).
http://www.nytimes.com/2013/04/18/us/politics/senate-obama-gun-control.html?pagewanted=allhttp://www.nytimes.com/2013/04/18/us/politics/senate-obama-gun-control.html?pagewanted=allhttp://www.nytimes.com/2013/04/18/us/politics/senate-obama-gun-control.html?pagewanted=allhttp://www.quinnipiac.edu/news-and-events/quinnipiac-university-poll/national/release-detail?ReleaseID=2057http://www.quinnipiac.edu/news-and-events/quinnipiac-university-poll/national/release-detail?ReleaseID=2057http://www.quinnipiac.edu/news-and-events/quinnipiac-university-poll/national/release-detail?ReleaseID=2057http://www.washingtonpost.com/page/2010-2019/WashingtonPost/2013/03/12/National-Politics/Polling/question_10030.xmlhttp://www.washingtonpost.com/page/2010-2019/WashingtonPost/2013/03/12/National-Politics/Polling/question_10030.xmlhttp://www.washingtonpost.com/page/2010-2019/WashingtonPost/2013/03/12/National-Politics/Polling/question_10030.xmlhttp://www.cnbc.com/id/100673826http://www.cnbc.com/id/100673826http://www.nytimes.com/2013/02/03/business/the-ar-15-the-most-wanted-gun-in-america.html?pagewanted=all&_r=0http://www.nytimes.com/2013/02/03/business/the-ar-15-the-most-wanted-gun-in-america.html?pagewanted=all&_r=0http://www.nytimes.com/2013/02/03/business/the-ar-15-the-most-wanted-gun-in-america.html?pagewanted=all&_r=0http://www.atf.gov/firearms/nfa/index.htmlhttp://www.atf.gov/firearms/nfa/index.htmlhttp://www.atf.gov/kids/about/history/http://www.atf.gov/kids/about/history/https://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8.pdfhttps://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8.pdfhttps://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8.pdfhttps://www.atf.gov/content/About/statistics/firearms-trace-data-2013https://www.atf.gov/content/About/statistics/firearms-trace-data-2013https://www.atf.gov/content/About/statistics/firearms-trace-data-2013http://smartgunlaws.org/gun-design-safety-standards-policy-summary/http://smartgunlaws.org/gun-design-safety-standards-policy-summary/http://news.yahoo.com/ap-enterprise-nixon-wished-total-handgun-ban-081806381.htmlhttp://news.yahoo.com/ap-enterprise-nixon-wished-total-handgun-ban-081806381.htmlhttp://news.yahoo.com/ap-enterprise-nixon-wished-total-handgun-ban-081806381.htmlhttp://www.bradycampaign.org/our-history?gclid=Cj0KEQjwveufBRDlsNb3kbtwMIBEiQASNH0xmMtFo080lpPuhdmNU2NT1i4ej2A95zSCIrZQackNKcaArV38P8HAQhttp://www.bradycampaign.org/our-history?gclid=Cj0KEQjwveufBRDlsNb3kbtwMIBEiQASNH0xmMtFo080lpPuhdmNU2NT1i4ej2A95zSCIrZQackNKcaArV38P8HAQhttp://www.bradycampaign.org/our-history?gclid=Cj0KEQjwveufBRDlsNb3kbtwMIBEiQASNH0xmMtFo080lpPuhdmNU2NT1i4ej2A95zSCIrZQackNKcaArV38P8HAQhttp://www.bradycampaign.org/our-history?gclid=Cj0KEQjwveufBRDlsNb3kbtwMIBEiQASNH0xmMtFo080lpPuhdmNU2NT1i4ej2A95zSCIrZQackNKcaArV38P8HAQhttp://www.slate.com/articles/news_and_politics/explainer/2012/12/the_gun_glossary_definitions_of_firearm_lingo_and_types_of_weapons.htmlhttp://www.slate.com/articles/news_and_politics/explainer/2012/12/the_gun_glossary_definitions_of_firearm_lingo_and_types_of_weapons.htmlhttp://www.slate.com/articles/news_and_politics/explainer/2012/12/the_gun_glossary_definitions_of_firearm_lingo_and_types_of_weapons.htmlhttp://www.slate.com/articles/news_and_politics/explainer/2012/12/the_gun_glossary_definitions_of_firearm_lingo_and_types_of_weapons.htmlhttp://www.nytimes.com/1989/07/08/us/import-ban-on-assault-rifles-becomes-permanent.htmlhttp://www.nytimes.com/1989/07/08/us/import-ban-on-assault-rifles-becomes-permanent.htmlhttp://www.usatoday.com/story/news/nation/2013/04/01/stockton-massacre-tragically-familiar-pattern-repeats/2043297/http://www.usatoday.com/story/news/nation/2013/04/01/stockton-massacre-tragically-familiar-pattern-repeats/2043297/http://www.usatoday.com/story/news/nation/2013/04/01/stockton-massacre-tragically-familiar-pattern-repeats/2043297/http://smartgunlaws.org/key-federal-acts-regulating-guns/http://smartgunlaws.org/key-federal-acts-regulating-guns/http://smartgunlaws.org/assault-weapons-policy-summary/http://smartgunlaws.org/assault-weapons-policy-summary/http://smartgunlaws.org/assault-weapons-policy-summary/http://smartgunlaws.org/assault-weapons-policy-summary/http://smartgunlaws.org/key-federal-acts-regulating-guns/http://smartgunlaws.org/key-federal-acts-regulating-guns/http://www.usatoday.com/story/news/nation/2013/04/01/stockton-massacre-tragically-familiar-pattern-repeats/2043297/http://www.usatoday.com/story/news/nation/2013/04/01/stockton-massacre-tragically-familiar-pattern-repeats/2043297/http://www.usatoday.com/story/news/nation/2013/04/01/stockton-massacre-tragically-familiar-pattern-repeats/2043297/http://www.nytimes.com/1989/07/08/us/import-ban-on-assault-rifles-becomes-permanent.htmlhttp://www.nytimes.com/1989/07/08/us/import-ban-on-assault-rifles-becomes-permanent.htmlhttp://www.slate.com/articles/news_and_politics/explainer/2012/12/the_gun_glossary_definitions_of_firearm_lingo_and_types_of_weapons.htmlhttp://www.slate.com/articles/news_and_politics/explainer/2012/12/the_gun_glossary_definitions_of_firearm_lingo_and_types_of_weapons.htmlhttp://www.slate.com/articles/news_and_politics/explainer/2012/12/the_gun_glossary_definitions_of_firearm_lingo_and_types_of_weapons.htmlhttp://www.slate.com/articles/news_and_politics/explainer/2012/12/the_gun_glossary_definitions_of_firearm_lingo_and_types_of_weapons.htmlhttp://www.bradycampaign.org/our-history?gclid=Cj0KEQjwveufBRDlsNb3kbtwMIBEiQASNH0xmMtFo080lpPuhdmNU2NT1i4ej2A95zSCIrZQackNKcaArV38P8HAQhttp://www.bradycampaign.org/our-history?gclid=Cj0KEQjwveufBRDlsNb3kbtwMIBEiQASNH0xmMtFo080lpPuhdmNU2NT1i4ej2A95zSCIrZQackNKcaArV38P8HAQhttp://www.bradycampaign.org/our-history?gclid=Cj0KEQjwveufBRDlsNb3kbtwMIBEiQASNH0xmMtFo080lpPuhdmNU2NT1i4ej2A95zSCIrZQackNKcaArV38P8HAQhttp://www.bradycampaign.org/our-history?gclid=Cj0KEQjwveufBRDlsNb3kbtwMIBEiQASNH0xmMtFo080lpPuhdmNU2NT1i4ej2A95zSCIrZQackNKcaArV38P8HAQhttp://news.yahoo.com/ap-enterprise-nixon-wished-total-handgun-ban-081806381.htmlhttp://news.yahoo.com/ap-enterprise-nixon-wished-total-handgun-ban-081806381.htmlhttp://news.yahoo.com/ap-enterprise-nixon-wished-total-handgun-ban-081806381.htmlhttp://smartgunlaws.org/gun-design-safety-standards-policy-summary/http://smartgunlaws.org/gun-design-safety-standards-policy-summary/https://www.atf.gov/content/About/statistics/firearms-trace-data-2013https://www.atf.gov/content/About/statistics/firearms-trace-data-2013https://www.atf.gov/content/About/statistics/firearms-trace-data-2013https://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8.pdfhttps://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8.pdfhttps://www.atf.gov/files/publications/download/p/atf-p-5320-8/atf-p-5320-8.pdfhttp://www.atf.gov/kids/about/history/http://www.atf.gov/kids/about/history/http://www.atf.gov/firearms/nfa/index.htmlhttp://www.atf.gov/firearms/nfa/index.htmlhttp://www.nytimes.com/2013/02/03/business/the-ar-15-the-most-wanted-gun-in-america.html?pagewanted=all&_r=0http://www.nytimes.com/2013/02/03/business/the-ar-15-the-most-wanted-gun-in-america.html?pagewanted=all&_r=0http://www.nytimes.com/2013/02/03/business/the-ar-15-the-most-wanted-gun-in-america.html?pagewanted=all&_r=0http://www.cnbc.com/id/100673826http://www.cnbc.com/id/100673826http://www.washingtonpost.com/page/2010-2019/WashingtonPost/2013/03/12/National-Politics/Polling/question_10030.xmlhttp://www.washingtonpost.com/page/2010-2019/WashingtonPost/2013/03/12/National-Politics/Polling/question_10030.xmlhttp://www.washingtonpost.com/page/2010-2019/WashingtonPost/2013/03/12/National-Politics/Polling/question_10030.xmlhttp://www.quinnipiac.edu/news-and-events/quinnipiac-university-poll/national/release-detail?ReleaseID=2057http://www.quinnipiac.edu/news-and-events/quinnipiac-university-poll/national/release-detail?ReleaseID=2057http://www.quinnipiac.edu/news-and-events/quinnipiac-university-poll/national/release-detail?ReleaseID=2057http://www.nytimes.com/2013/04/18/us/politics/senate-obama-gun-control.html?pagewanted=allhttp://www.nytimes.com/2013/04/18/us/politics/senate-obama-gun-control.html?pagewanted=allhttp://www.nytimes.com/2013/04/18/us/politics/senate-obama-gun-control.html?pagewanted=all


25/28


24 The Court in the District of Columbia v. Heller decisionultimately struck down a D.C. law that differentiatedbetween handguns and long guns by banning posses-sion of handguns in the District, reasoning that theAmerican people have considered the handgun tobe the quintessential s elf-defense weapon and thatan outright ban on handguns therefore violated theSecond Amendment. 554 U.S. at 628-630.

25 554 U.S. at 626.

26 554 U.S. at 626-27.

27 Ian Duncan, Federal judge upholds assault rifle ban,The Baltimore Sun, August 12, 2014, available at http://articles.baltimoresun.com/2014-08-12/news/bs-md-gun-law-upheld-20140812_1_assault-weapons-gun-rights-advocates-second-amendment.

28 Pew Research Center, Gun Control: Key Data Pointsfrom Pew Research, July 27, 2013, available at http://www.pewresearch.org/key-data-points/gun-control-key-data-points-from-pew-research/.

29 Erin McCarthy, Why the Glock Became AmericasHandgun, Popular Mechanics, January 12, 2012,available at http://www.popularmechanics.com/technology/military/weapons/why-the-glock-became-americas-handgun; Randy Dotinga, The rifle: Its historyand its place in the future, Christian Science Monitor,December 20, 2012, available at http://www.csmonitor.

com/Books/chapter-and-verse/2012/1220/The-rifle-Its-history-and-its-place-in-the-future.

30 Arkadi Gerney and Chelsea Parsons, 9 Reasons WhyProgress on Stronger Gun Laws Is Within Reach (Wash-ington: Center for American Progress, 2013), p. 5, avail-able at http://cdn.americanprogress.org/wp-content/uploads/2013/05/GerneyTop9Brief-1.pdf.

31 18 U.S.C. 922 (x). There are also different rulesunder federal law regarding the permissible age foran individual to buy a handgun or long gun from alicensed firearms dealer. Licensed dealers may not sella handgun to an individual under age 21 and may notsell a long gun to an individual under age 18. 18 U.S.C. 922 (b).

32 18 U.S.C. 922 (z).

33 For a detailed description of state laws relating tominimum age to purchase and possess handguns andlong guns, see Law Center to Prevent Gun Violence,Minimum Age to Purchase & Possess Firearms PolicySummary, October 1, 2013, available at http://smart-gunlaws.org/minimum-age-to-purchase-possess-firearms-policy-summary/.For a detailed description ofstate laws relating to safety devices, see Law Center toPrevent Gun Violence, Safe Storage & Gun Locks PolicySummary, September 1, 2013, available at http://smart-gunlaws.org/safe-storage-gun-locks-policy-summary/.

34 18 U.S.C. 922 (b) (3). The statute requires that theout-of-state resident appear in person at the gun storein order for the sale of a rifle or shotgun to proceed.

35 18 U.S.C. 923 (g) (3) (A).

36 Government Accountability Office, Federal Firearms

Licensee Data: ATFs Compliance with Statutory Restric-tions, GAO-96-174, September 1996, p. 11.

37 Bureau of Alcohol, Tobacco, Firearms and Explosives,Fact Sheet: Multiple Sales Reporting for Certain RiflesReporting, February 2013, available at http://www.atf.gov/publications/factsheets/factsheet-multiple-sales-reporting.html.

38 Bureau of Alcohol, Tobacco, Firearms and Explosives,Mexico, Calendar Years 2007-2011(U.S. Department ofJustice, 2012), available athttps://www.atf.gov/files/statistics/download/trace-data/international/2007-2011-Mexico-trace-data.pdf.

39 Bureau of Alcohol, Tobacco, Firearms and Explosives,ATF R eleases Government of Mexico Firearms TraceData, Press release, April 26, 2012, available at http://www.atf.gov/press/releases/2012/04/042612-atf-atf-releases-government-of-mexico-firearms-trace-data.html.

40 Charlie Savage, New Reporting Rules on Multiple Salesof Guns Near Border, The New York Times,July 11, 2011,available at http://www.nytimes.com/2011/07/12/us/politics/12guns.html?_r=0.

41 Alan Berlow, Current gun debate may not help belea-guered ATF, The Center for Public Integrity, February11, 2013, available at http://www.publicintegrity.org/2013/02/11/12155/current-gun-debate-may-not-help-beleaguered-atf. This reporting requirement hasalso been upheld every time it has been challenged infederal court in both the 5th and D.C. Circuits. See 10Ring Precision v. Jones, 2013 U.S. App. LEXIS 14083 (5thCir. 2013); The National Shooting Sports Foundation, Inc.v. Jones, 716 U.S. 200 ( D.C. Cir. 2013).

42 Associated Press, Rochester woman who acted asstraw buyer of guns used by William Spengler in

Webster shooting is busted for lying about who wouldown the weapons, Daily News, December 29, 2012,available at http://www.nydailynews.com/new-york/straw-buyer-guns-webster-shooting-arrested-article-1.1229180#ixzz2TrQyZWw5.

43 18 Pa.C.S. 6111(c) (f) (2).

44 Md. Code Ann., Pub. Safety 5-101 (r), 5-124 (a).Maryland law requires background checks for all salesof handguns and assault weapons; however, Marylandpassed legislation banning most assault weapons in2013.

45 Iowa Code 724.15.

46 Mich. Comp. Laws 28.422.

47 R.R.S. Neb. 69-2404.

48 N.C. Gen. Stat. 14-402.

49 Mark Binker and Bryan Mims, New gun bill drafteliminates pistol purchase permit system, WRAL,June 11, 2013, available at http://www.wral.com/new-gun-bill-draft-eliminates-pistol-purchase-permit-system/12539332/.

50 Although there are some semi-automatic handgunsthat are classified as assault weapons, the designationusually refers to assault riflesor long gunswhenused to describe a class of weapons.

51 Law Center to Prevent Gun Violence, Assault WeaponsPolicy Summary.

52 Neera Tanden and others, Preventing Gun Violence inOur Nation (Washington: Center for American Prog-

ress, 2013), available at http://cdn.americanprogress.org/wp-content/uploads/2013/01/GunViolenceBrief-1.pdf.

53 Everytown for Gun Safety, Analysis of Recent MassShootings (2014), available at http://3gbwir1ummda16xrhf4do9d21bsx.wpengine.netdna-cdn.com/wp-content/uploads/2014/07/analysis-of-recent-mass-shootings.pdf.
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54 Associated Press, Congress lets assault weapons banexpire, NBC News, September 13, 2004, available athttp://www.nbcnews.com/id/5946127/ns/politics/t/congress-lets-assault-weapons-ban-expire/#.U_IUdibD-70.

55 Michael Luo and Michael Cooper, Lessons in Politicsand Fine Print in Assault Weapons Ban of 90s,TheNew York Times, December 19, 2012, available athttp://www.nytimes.com/2012/12/20/us/lessons-in-politics-and-fine-print-in-assault-weapons-ban-of-90s.html?pagewanted=all&_r=0;Law Center to Prevent

Gun Violence, State Assault Weapons Bans, June 19,2013, available at http://smartgunlaws.org/assault-weapons-policy-summary/#identifier_15_5773; TheViolence Policy Center, Officer Down: Assault Weaponsand the War on Law Enforcement (2003).

56 Christopher Koper, An Updated Assessment of theFederal Assault Weapons Ban: Impacts on Gun Marketsand Gun Violence, 1994-2003 (Washington: NationalInstitute of Justice, 2004), available athttps://www.ncjrs.gov/pdffiles1/nij/grants/204431.pdf.

57 Ibid.

58 Ibid.

59 Ibid. In addition, a study of the impact of the federalban on high-capacity magazines in Virginia found thatseveral years into the ban, there was a measurable

decrease in the number of weapons with high-capacitymagazines recovered by police. After the ban expiredin 2004, the number of high-capacity magazines re-covered increased significantly, by 11 percent between2004 and 2010. David S. Falls, Data indicate a drop inhigh-capacity magazines during federal gun ban,TheWashington Post, January 10, 2013, available at http://www.washingtonpost.com/investigations/data-point-to-drop-in-high-capacity-magazines-during-federal-gun-ban/2013/01/10/d56d3bb6-4b91-11e2-a6a6-aabac85e8036_story.html.

60 Arkadi Gerney and Chelsea Parsons, Blindfolded, andwith One Hand Tied Behind the Back (Washington:Center for American Progress, 2013), p. 5-6, availableat http://cdn.americanprogress.org/wp-content/up-loads/2013/03/GunRidersBrief-7.pdf.

61 Ed OKeefe, Gun background check compromise,

assault weapon ban fail in Senate, The Washington Post,April 17, 2013, available at http://www.washingtonpost.com/blogs/post-politics/wp/2013/04/17/senate-to-vote-on-amendments-to-gun-bill-with-background-check-plan-in-doubt/.

62 California, Connecticut, Hawaii, Maryland, Mas-sachusetts, New Jersey, and New York have enactedan assault weapons ban. Law Center to Prevent GunViolence, Assault Weapons Policy Summary. Theseseven states have also enacted a ban on high-capacitymagazines, and Colorado enacted a ban on hig h-capacity magazines in 2013. Law Center to PreventGun Violence, Large Capacity Ammunition MagazinesPolicy Summary, May 31, 2013, available at http://smartgunlaws.org/large-capacity-ammunition-maga-zines-policy-summary/.

63 The New York Times, State Gun Laws Enacted in the

Year Since Newtown, December 10, 2013, available athttp://www.nytimes.com/interactive/2013/12/10/us/state-gun-laws-enacted-in-the-year-since-newtown.html?_r=0.

64 Bureau of Justice Statistics, Firearm Violence, 1993-2011(U.S. Department of Justice, 2013), p. 3, table 3.

65 Erica Smith and Alexia Cooper, Homicide in the U.S.Known to Law Enforcement, 2011 (Washington: Bu-reau of Justice Statistics, 2013), available at http://www.bjs.gov/content/pub/pdf/hus11.pdf.

66 Ibid.

67 Federal Bureau of Investigation, Criminal Justice Infor-mation Services Division, 2012 Law En forcement Of-ficers Killed and Assaulted, Table 27: Law EnforcementOfficers Feloniously Killed, Type of Weapon, 2003-2012,[date], available at http://www.fbi.gov/about-us/cjis/

ucr/leoka/2012/officers-feloniously-killed/felonious_topic_page_-2012

68 Erica Smith and Alexia Cooper, Homicide in the U.S.Known to Law Enforcement, 2011 (Washington: Bu-reau of Justice Statistics, 2013), available at http://www.bjs.gov/content/pub/pdf/hus11.pdf.

69 Everytown for Gun Safety, Analysis of Recent MassShootings.

70 By tracing crime guns, ATF seeks to identify perpetra-tors in individual cases, identify individuals engaged inillegal firearms trafficking, and recognize patterns in thesources of crime guns to specific communities. Bureauof Alcohol, Tobacco, Firearms and Explosives, NationalTracing Center Division: Information for Law EnforcementAgencies(U.S. Department of Justice, 2005), availableat https://www.atf.gov/files/publications/download/p/

atf-p-3312-7.pdf.

71 Bureau of Alcohol, Tobacco, Firearms and Explosives,Firearm Types Recovered and Traced in the United Statesand Territories(U.S. Department of Justice, 2014), avail-able at https://www.atf.gov/content/About/statistics/firearms-trace-data-2013.

72 Bureau of Alcohol, Tobacco, Firearms and Explosives,Firearms Trace Data 2013.

73 Specifically, the Pennsylvania statute requires thatprivate sellers of handguns facilitate the sale througheither a licensed dealer or a county sheriff, who is thendirected to conduct the background check. 18 Pa.C.S. 6111 (c).

74 This background-check requirement does apply to theprivate sale of short-barreled shotguns and rifles. 18

Pa.C.S. 6111 (F) (2).

75 Based on authors analysis of Federal Bureau of Investi-gation, Uniform Crime Report, Crime in the United Statesfor the years 1998 through 2012.

76 Bureau of Alcohol, Tobacco, Firearms and Explosives,Firearms Trace Data 20062013, available at http://www.atf.gov/statistics/index.htmland https://www.atf.gov/content/About/statistics/firearms-trace-data-2013.

77 Data for 2008 through 2012 come from FederalBureau of Enforcement, Criminal Justice InformationServices Division, Law Enforcement Officers Killed andAssaulted. Data from 2013 through the present comefrom the Officer Down Memorial Page, which tracksdeaths of law enforcement officers nationwide. Ac-cording to the Officer Down Memorial Page, no policeofficers were murdered in Pennsylvania from 2013 to

the present. Officer Down Memorial Page, Find a FallenOfficer, available at http://www.odmp.org/search?name=&agency=&state=Pennsylvania&from=2008&to=2014&cause=Gunfire&filter=all(last accessed September2014).

78 Federal Bureau of Investigation, Criminal JusticeInformation Services Division, 2012 Law En forcementOfficers Killed and Assaulted, Table 27.
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