NYSRPA V Cuomo, Record On Appeal, Volume 6

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

United States Court of Appeals
for the
Second Circuit

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

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

JOINT APPENDIX
Volume 6 of 9 (Pages A-1383 to A-1656)

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

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

Case: 14-36 Document: 69-1 Page: 1 04/29/2014 1212256 158
1 of 290

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

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

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

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

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

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

Attorney for Defendants-Appellees-
Cross-Appellants

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i

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

3 of 290

Page
ii
Exhibit F to Plaintiffs Motion -
Declaration of Dr. Gary Kleck, dated April 15,
2013 in Support of Plaintiffs Motion for
Preliminary Injunction ........................................... A-254
Notice of State Defendants Cross-Motion to
Dismiss and/or for Summary J udgment, dated
J une 21, 2013 ......................................................... A-264
Declaration of Kevin Bruen, dated J une 20, 2013 in
Support of Defendants Cross-Motion to Dismiss
and/or for Summary J udgment .............................. A-266
Declaration of Christopher Koper, executed J une
2013 in Support of Defendants Cross-Motion to
Dismiss and/or for Summary J udgment ................ A-283
Exhibit A to Koper Declaration -
Curriculum Vitae of Christopher Koper ................ A-307
Exhibit B to Koper Declaration -
Koper and Roth, Impact Evaluation of the
Public Safety and Recreational Firearms Use
Protection Act. (Koper 1997) ........................... A-327
Exhibit C to Koper Declaration -
Koper, An Updated Assessment of the Federal
Assault Weapons Ban (Koper 2004) ................ A-444
Exhibit D to Koper Declaration -
Koper, Americas Experience with the Federal
Assault Weapons Ban (from Reducing Gun
Violence in America) (Koper 2013).................... A-558
Declaration of Franklin Zimring, dated J une 20,
Dismiss and/or for Summary J udgment ................ A-576
4 of 290

Page
iii
Exhibit A to Zimring Declaration -
Curriculum Vitae of Franklin E. Zimring .............. A-587
Declaration of Lucy Allen, dated J une 20, 2013 in
Support of Defendants Cross-Motion to Dismiss
and/or for Summary J udgment .............................. A-610
Defendant Gerald J . Gils Notice of Cross-Motion
to Dismiss or for Summary J udgment, dated
J une 21, 2013 ......................................................... A-623
Declaration of Kathleen Rice, dated J une 18, 2013
in Support of Defendants Cross-Motion to
Dismiss or for Summary J udgment ....................... A-625
Declaration of J ames Sheppard, dated J une 21, 2013
in Support of Defendants Cross-Motion to
State Defendants Local Rule 56(a)(1) Statement of
Undisputed Material Facts, dated J une 21, 2013 ... A-637
Declaration of William J . Taylor, J r., dated J une 21,
Exhibit 2 to Taylor Declaration -
LCPGV Website, Introduction to Gun Violence
Statistics (undated) ............................................... A-656
CDC Statistics, 2005-2010 US Homicide Firearm
Deaths and Rates per 100k .................................... A-659
Exhibit 4 to Taylor Declaration
CDC Statistics, 2010 US Homicide Firearm
Deaths and Rates per 100k .................................... A-660
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Page
iv
Governors SAFE Act Program Bill ...................... A-663
NYS Senate Memo in Support of SAFE Act ......... A-672
NYS Senate Introducers Memo in Support of
SAFE Act ............................................................... A-680
Violent Crime Control and Law Enforcement Act
of 1994 ................................................................... A-688
J udiciary Committee Report re Fed AW Ban
1994 ....................................................................... A-714
ATF Study re Importability of Certain Shotguns
(2011) ..................................................................... A-763
ATF Study re Sporting Suitability of Certain
Modified Semiautomatic Rifles (1998) ................. A-797
Laws of New York, 2000 Chapter 189 ............... A-923
Governors Program Bill Memorandum (2000) .... A-939
NY State Senate Introducers Memorandum in
Support Bill Number S8234 ............................... A-948
NYS Assembly Debate Excerpt J une 23, 2000 ..... A-957
6 of 290

Page
v
NYS Assembly Debate Excerpt J une 22, 2000 .... A-963
Governor Proposes Five Point Plan to Combat
Gun Violence, Mar. 15, 2000 (Gov. 2000 Press
Release) ................................................................ A-979
ATF Study re Importability of Certain Shotguns
(2012) ..................................................................... A-989
City of Rochester, Chapter 47.Dangerous Articles
(Rochester Ordinance) ....................................... A-993
City of Albany Chapter 193. Firearms and City
of Albany, Chapter 193. Firearms and
Ammunition (Albany Ordinance) ...................... A-1005
New York City Administrative Code, 10.301,
10.303.1, 10.305, 10.306 ....................................... A-1010
Laws of New York, 2013, Chapter 1 (SAFE
Act) ...................................................................... A-1024
Governors Press Release, Governor Cuomo
Signs NY SAFE Act in Rochester, J anuary 16,
2013 ....................................................................... A-1063
New York State Assault Weapon Registration
Form ....................................................................... A-1066
7 of 290

Page
vi
Lawrence Tribe Congressional Testimony
February 12, 2013 .................................................. A-1068
Brian Siebel Congressional Testimony
October 10, 2008 ................................................... A-1104
The Return of the Assault Rifle; High-Powered
Weapons Seem to be Regaining Their Deadly
Role in WNY Crime and Violence, The Buffalo
News, Nov. 21, 2010, Lou Michel. ........................ A-1112
BCPGV, Assault Weapons: Mass Produced
Mayhem (Oct 2008) ............................................. A-1115
LCAV, Banning AWs - A Legal Primer for State
and Local Action (2004) ...................................... A-1176
Statement of Professors of Constitutional Law:
The Second Amendment and the
Constitutionality of the Proposed Gun Violence
Prevention Legislation (2013) .............................. A-1249
VPC, Officer Down: AWs and the War on Law
Enforcement (2003) ............................................. A-1255
Mother J ones, More Than Half of Mass
Shooters Used AWs an High-Capacity
Magazines February 27, 2013 .............................. A-1284
8 of 290

Page
vii
MAIG, Analysis of Recent Mass Shootings
(undated) ................................................................ A-1288
BATF, Assault Weapons Profile (April 1994) .... A-1305
Overstreet Declaration from Heller ....................... A-1332
VPC, Firearm J ustifiable Homicides and Non-
fatal Self Defense Gun Use (April 2013) ............. A-1340
Hemenway, Private Guns Public Health (2007). A-1361
Hemenway, Cook, The Gun Debates New
Mythical Number (1997) ..................................... A-1373
Exhibit 49 to Taylor Declaration
The Police Departments 9-Millimeter
Revolution, The New York Times, Feb. 15, 1999,
Raymond W. Kelly ................................................. A-1382
Heller Historians Brief ........................................... A-1383
On Target: The Impact of the 1994 Federal
Assault Weapon Act, Brady Center to Prevent
Gun Violence, March 2004 .................................... A-1418
NYS Assembly Debate May 24, 2005 ................... A-1439
NYS Assembly Debate J anuary 9, 2006 ................ A-1443
9 of 290

Page
viii
United States of Assault Weapons, Gunmakers
Evading the Federal Assault Weapons Ban,
Violence Policy Center, J uly 2004 ......................... A-1454
A Further Examination of Data Contained in the
Study On Target Regarding Effects of the 1994
Federal Assault Weapons Ban, Violence Policy
Center, April 2004 .................................................. A-1514
In Virginia, high-yield clip seizures rise,
Washington Post, J an. 23. 2011 ............................. A-1544
High-capacity magazines saw drop during ban,
data indicate, Washington Post, J an. 13, 2013 ...... A-1548
Various Collected Articles ..................................... A-1551
Baltimore Police Chief Testimony
J anuary 30, 2013 .................................................... A-1563
Excerpts from Amended Complaint New York
State Rifle and Pistol Association, Inc. v. City of
New York, 13-2115 ............................................... A-1566
Images from SAFE Act website, Pictures of
Rifles Banned Features ....................................... A-1570
Shotguns Banned Features .................................. A-1582
10 of 290

Page
ix
Pistols Banned Features ...................................... A-1590
The Criminal Purchase of Firearm
Ammunition, Injury Prevention (August 4,
2006) ...................................................................... A-1599
Images from SAFE Act website, Listing of Rifles
that Are Classified as Assault Weapons ................. A-1603
Images from SAFE Act website, Listing of
Shotguns that Are Classified as Assault Weapons . A-1614
Images from SAFE Act website, Listing of
Pistols that Are Classified as Assault Weapons ..... A-1616
USDOJ BJ S Report, Selected Findings: Guns
Used in Crime (J uly 1995) ................................... A-1618
SAFE Act Amendment .......................................... A-1625
Exhibit 11 (Corrected) to Taylor Declaration -
ATF Study re Importability of Certain
Semiautomatic Rifles (1989) ................................. A-1628
City of Buffalo, Chapter 180. Firearms, Arrows
and Other Weapons ................................................ A-1648

11 of 290

Page
x
NYS Assembly Debate Excerpt J anuary 15, 2013 A-1657
Images of Rifles that are Not Classified as
Assault Weapons .................................................... A-1669
Images of Pistols that are Not Classified as
Images of Shotguns that are Not Classified as
NYS Assembly Debate March 28, 2013 ................ A-1731
Certificate of Service ................................................. A-1742
Notice of Cross-Motion for Summary J udgment and
Permanent Injunctive Relief by Plaintiffs, dated
August 19, 2013 ..................................................... A-1745
Plaintiffs Response to Defendants Local Rule
56(a)(1) Statement of Undisputed Material Facts,
dated August 19, 2013 ........................................... A-1749
Plaintiffs Local Rule 56(a)(2) Counter-Statement of
Undisputed Material Facts, dated
August 19, 2013 ..................................................... A-1797
Exhibit A to Statement -
Pew Research Center, Gun Homicide Rate
Down 49% Since 1993... (May 2013) .................. A-1844
Exhibit B to Statement -
USDOJ BJ S Report, Firearm Violence 1993-
2011 (May 2013) .................................................. A-1908
12 of 290

Page
xi
Exhibit C to Statement -
Congressional Research Service, Public Mass
Shootings in the United States: Selected
Implications for Federal Public Health and Safety
Policy (March 2013) ............................................ A-1937
Exhibit D to Statement -
Summary of FBI Uniform Crime Reports, 1991-
2011 ....................................................................... A-1978
Exhibit E to Statement -
Tom King Affidavit in Support of Plaintiffs
Cross-Motion for Summary J udgment and
Permanent Injunctive Relief .................................. A-1987
Exhibit F to Statement -
Scott Sommavilla Affidavit in Support of
Plaintiffs Cross-Motion for Summary J udgment
and Permanent Injunctive Relief ........................... A-1994
Exhibit G to Statement -
J on Karp Affidavit in Support of Plaintiffs
Exhibit H to Statement -
J ohn Cushman Affidavit in Support of Plaintiffs
Exhibit I to Statement -
Thomas Galvin Affidavit in Support of Plaintiffs
13 of 290

Page
xii
Exhibit J to Statement -
Dan Bedell Affidavit in Support of Plaintiffs
Exhibit K to Statement -
Hans Farnung Affidavit in Support of Plaintiffs
Exhibit L to Statement -
Ben Rosenshine Affidavit in Support of
Plaintiffs Cross-Motion for Summary J udgment
and Permanent Injunctive Relief ........................... A-2028
Exhibit M to Statement -
Michael Barrett Affidavit in Support of Plaintiffs
Exhibit N to Statement -
Diagram of Rifle .................................................... A-2036
Exhibit O to Statement -
Declaration of Dr. Gary Roberts , dated August
16, 2013 in Support of Plaintiffs Cross-Motion
for Summary J udgment and Permanent Injunctive
Relief ...................................................................... A-2038
State Defendants Response to Plaintiffs Local Rule
56(a)(2) Statement of Undisputed Material Facts,
dated September 24, 2013 ...................................... A-2061
Supplemental Declaration of Christopher Koper,
dated September 23, 2013 in Support of
Defendants Cross-Motion to Dismiss and or for
Summary J udgment ............................................... A-2230
14 of 290

Page
xiii
Supplemental Declaration of William J . Taylor, J r.,
dated September 24, 2013 ...................................... A-2244
Exhibit 71 to Taylor Supplemental Declaration -
Memorandum of Decision, Benjamin v. Bailey,
CV 93-0063723 (Conn. Super. Ct. J une 30, 1994) A-2247
CDC Statistics, 2000 - 2010 US Violence Related
Firearm Deaths and Rates per 100k ....................... A-2290
Appellants Notice of Supplemental Authority
under Fed. R. App. P. 28(j), Kwong v.Bloomberg,
No. 12-1578 (2d Cir.), dated J an. 17, 2013 ............ A-2292
Aaron Smith, New Rifle Mimics Machine Guns
Rapid Fire and Its Legal, CNNMoney.com,
Sept. 12, 2013 ........................................................ A-2295
New York Pattern Criminal J ury Instructions 2d,
Penal Law 265.02(7), Criminal Possession of a
Weapon Third Degree, Possession of Assault
Weapon .................................................................. A-2300
Declaration of Richard Lynch, dated October 8,
2013 ....................................................................... A-2305
Reply Memorandum of Law in Further Support of
Plaintiffs Motion for Summary J udgment, dated
October 9, 2013
(Omitted Herein)
15 of 290

Page
xiv
Exhibit A to Reply Memorandum -
Supplemental Declaration of Dr. Gary Kleck,
dated October 8, 2013 in Support of Plaintiffs
Declaration of William J . Taylor, J r., dated October
18, 2013 ................................................................. A-2312
Exhibit A to Taylor Declaration -
Transcript of Proceedings, Tardy v. OMalley,
Civil No. CCB-13-2841 (D. Md. October 1,
2013) ...................................................................... A-2314
Exhibit B to Taylor Declaration -
Order, Tardy v. OMalley, Civil No. CCB-13-
2841 (D. Md. Oct. 1, 2013) ................................... A-2407
Order, dated December 23, 2013 denying Plaintiffs
Motion for Hearing ................................................ A-2409
Plaintiffs Notice of Appeal, dated J anuary 3, 2014 . A-2410
State Defendants Notice of Cross-Appeal, dated
J anuary 3, 2014 ...................................................... A-2414

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[ORAL ARGUMENT NOT YET SCHEDULED]
CASE NO. 10-7036
IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
DICK ANTHONY HELLER, ABSALOM J ORDAN,
WILLIAM CARTER, AND MARK SNYDER
APPELLANTS,
V.
THE DISTRICT OF COLUMBIA AND
ADRIAN M. FENTY, MAYOR, DISTRICT OF COLUMBIA,
APPELLEES.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
BRIEF FOR PROFESSIONAL HISTORIANS AND LAW PROFESSORS
SAUL CORNELL, PAUL FINKELMAN, STANLEY N. KATZ, AND
DAVID T. KONIG AS AMICI CURIAE IN SUPPORT OF APPELLEES
MATTHEW M. SHORS
OMELVENY &MYERS LLP
1625 Eye St. NW
(202) 383-5300
Dated: September 20, 2010 Attorney for Amici Curiae
Case: 10-7036 Document: 1266982 Filed: 09/20/2010 Page: 1
Case 1:13-cv-00291-WMS Document 80-1 Filed 06/21/13 Page 1 of 35
A-1383
17 of 290
CERTI FI CATE AS TO PARTI ES, RULI NGS AND RELATED CASES
Pursuant to Circuit Rule 28(a)(1)(A), the undersigned counsel of record
certifies as follows:
(A) Par ties and Amici. To ami ci s knowledge, all parties, intervenors, and
ami ci appearing in this court are listed in the Brief for Appellees, other than the
professional historians and law professors filing this brief as ami ci cur i ae in
support of Appellees.
(B) Ruling Under Review. References to the ruling at issue appear in the
Brief for Appellants.
(C) Related Cases. References to related cases appear in the Brief for
Appellants.
A-1384
18 of 290
TABLE OF CONTENTS
Page
i
INTERESTS OF AMICI CURIAE AND SUMMARY OF ARGUMENT..............1
INTRODUCTION AND SUMMARY OF ARGUMENT........................................1
ARGUMENT.............................................................................................................3
I. STATES AND MUNICIPALITIES HAVE LONG IMPOSED
REQUIREMENTS AKIN TO THE DISTRICTS REGISTRATION
REGULATIONS, AND THESE REQUIREMENTS HAVE BEEN
UNDERSTOOD TO BE CONSISTENT WITH THE RIGHT TO
BEAR ARMS..................................................................................................3
A. States in the Early Republic Regularly Conditioned the Right to
Bear Arms on Registration, Training, and Reporting with the
Authorities.............................................................................................3
B. States Have Continued to Use Registration for the Sale,
Transfer, or Possession of Firearms to Protect the Public Safety.........8
II. STATES AND MUNICIPALITIES HAVE LONG BANNED
DANGEROUS WEAPONS, AND COURTS HAVE UPHELD
THESE REGULATIONS AS CONSISTENT WITH THE RIGHT TO
BEAR ARMS................................................................................................12
A. States and Cities Have Historically Outlawed Dangerous
Weapons..............................................................................................13
B. Courts Have Historically Upheld Restrictions on Dangerous
Weapons..............................................................................................18
C. Leading Treatises Recognized States and Cities Authority to
Regulate Arms to Protect the Public Safety........................................23
CONCLUSION........................................................................................................25
A-1385
19 of 290
TABLE OF AUTHORI TI ES
Page(s)
*Authorities upon which we chiefly rely are marked with asterisks.
ii
CASES
Andr ews v. State,
50 Tenn. 165 (1871) ...................................................................................... 20, 21
Aymette v. State,
21 Tenn. 154 (1840) .............................................................................................18
Bar ton v. State,
66 Tenn. 105 (1874) .............................................................................................17
Bl i ss v. Commonweal th,
12 Ky. 90 (1822)...................................................................................................19
Br own v. Mar yl and,
25 U.S. (12 Wheat.) 419 (1827)...........................................................................13
Car son v. State,
241 Ga. 622 (1978)...............................................................................................20
Day v. State,
37 Tenn. 496 (1857) .............................................................................................18
Dycus v. State,
74 Tenn. 584 (1880) .............................................................................................17
Engl i sh v. State,
35 Tex. 473 (1871) ...............................................................................................22
Ex par te Thomas,
97 P. 260 (Okla. 1908) .........................................................................................22
Fi fe v. State,
31 Ark. 455 (1876) ...............................................................................................22
Foote v. Fi r e Dep t of New Yor k,
5 Hill 99 (N.Y. Sup. Ct. 1843) .............................................................................13
* Hel l er v. Di str i ct of Col umbi a,
128 S. Ct. 2783................................................................. 1, 2, 3, 4, 6, 7, 8, 13, 22
Hi l l v. State,
53 Ga. 472, 474 (1874).........................................................................................22
Nunn v. State,
1 Ga. 243 (1846)...................................................................................................19
A-1386
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(continued)
Page(s)
iii
State v. Buzzar d,
4 Ark. 18 (1842) ...................................................................................................18
State v. Chandl er ,
5 La. Ann. 489 (1850) ..........................................................................................18
State v. Jumel ,
13 La. Ann. 399 (1858) ........................................................................................18
State v. Rei d,
1 Ala. 612 (1840)..................................................................................................18
State v. Wi l bur n,
66 Tenn. 57 (1872) ...............................................................................................22
State v. Wor kman,
35 W. Va. 367 (1891)...........................................................................................22
Str i ckl and v. State,
137 Ga. 1 (1911)............................................................................................ 19, 20
Thur l ow v. Massachusetts (The Li cense Cases),
46 U.S. (5 How.) 504 (1847)................................................................................20
Wi l l i ams v. Ci ty Counci l ,
4 Ga. 509 (1848)...................................................................................................13
CONSTI TUTI ONS
*U.S. Const. amend. II ...............................................................................................4
Ala. Const. of 1868, art. I, 28................................................................................16
Ark. Const. of 1868, art. I, 5.................................................................................16
Del. Const. of 1897, art. I, 20................................................................................16
Ky. Const. of 1850, art. XIII, 25...........................................................................19
Or. Const. of 1857, art. I, 27.................................................................................16
*Pa. Decl. of Rights XIII (1776).............................................................................7
Pa. Const. of 1874, art. I, 21.................................................................................16
S.C. Const. of 1868, art. I 28................................................................................16
S.D. Const. of 1889, art. VI, 24............................................................................16
A-1387
21 of 290
(continued)
Page(s)
iv
Wash. Const. of 1889, art. I, 24............................................................................16
Wyo. Const. of 1889, art. I, 24..............................................................................16
STATUTES
Act of J une 30, 1837,
1837 Ala. Acts 11.................................................................................................15
Act of Apr. 1, 1881, No. 96
1881 Ark. Acts 191.................................................................................. 16, 17, 18
Act of May 4, 1917, ch.145,
1917 Cal. Laws 221..............................................................................................10
Act of May 8, 1792,
1792 Conn. Pub. Acts440......................................................................................4
Act of Apr. 10, 1917, ch. 129,
1917 Conn. Laws 98.............................................................................................10
Colo. Rev. Stat. 149 (1881) ..................................................................................17
Act of Feb. 5, 1782,
1782 Del. Laws 3....................................................................................................4
Dodge City, Kan., Ordinance No. 16 (Sept. 22, 1876)............................................18
Fla. Act of Aug. 8, 1868..........................................................................................18
Fla. Act of Feb. 12, 1885, ch. 3620,.........................................................................17
Act of Aug. 12, 1910, No. 432,
1910 Ga. Laws 134........................................................................................ 10, 11
Small Arms Act, Act 206,
1927 Haw. Laws 209............................................................................................11
Ill. Act of Apr. 16, 1881.................................................................................... 17, 18
Act of Feb. 13, 1813, ch. 89,
1813 Ky. Acts 100................................................................................................15
Ky. Gen. Stat., ch. 29, 1 (1880) ............................................................................17
Act of Mar. 14, 1776, ch. 7,
1776 Mass. Acts 31................................................................................................8
A-1388
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(continued)
Page(s)
v
Act of J uly 19, 1776, ch. I,
1776 Mass. Acts 15............................................................................................4, 5
1850 Mass. Laws, ch. 194, 2.................................................................................18
Act of J une 26, 1792, ch. 10,
1792 Mass. Acts 208............................................................................................13
Act of J une 2, 1927, No. 372,
1927 Mich. Laws 887.................................................................................... 11, 12
Neb. Cons. Stat. 5604 (1893)................................................................................16
Act of Mar. 17, 1903, ch. 114,
1903 Nev. Laws 208.............................................................................................11
Act of Apr. 6, 1909, ch. 114,
1909 N.H. Laws 451.............................................................................................11
Act of Apr. 3, 1778, ch. 33,
1778 N.Y. Laws 62.............................................................................................4, 5
Act of Apr. 13, 1784, ch. 28,
1784 N.Y. Laws 627.............................................................................................13
Act of May 25, 1911, ch. 195,
1911 N.Y. Laws 442........................................................................................ 9, 10
1879 N.C. Sess. Laws, ch. 127................................................................................16
N.D. Pen. Code 457 (1895)...................................................................................16
Ohio Act of Feb. 17, 1831, ch. 834..........................................................................14
Act of Mar. 18, 1859,
1859 Ohio Laws 56..............................................................................................15
Act of Feb. 18, 1885, ch. 8,
1885 Or. Laws 33.................................................................................................16
Act of Feb. 21, 1917, ch. 377,
1917 Or. Laws 804...............................................................................................11
Act of J une 13, 1777, ch. 21,
1777 Pa. Laws 61...................................................................................................8
Act of Mar. 20, 1780, ch. 167,
1780 Pa. Laws 347.................................................................................................4
A-1389
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(continued)
Page(s)
vi
Act of Dec. 6, 1783, ch. 1059,
11 Pa. Stat. 209.....................................................................................................13
Act of Mar. 26, 1784,
1784 S.C. Acts 68...............................................................................................4, 5
1880 S.C. Acts 448.................................................................................................16,
S.D. Terr. Pen. Code 455 (1877) ..........................................................................16
Act of Dec. 3, 1825, ch. 292,
1825 Tenn. Priv. Acts306....................................................................................14
Act of J an. 27, 1838, ch. 137,
1837-1838 Tenn. Pub. Acts 200...........................................................................15
1879 Tenn. Pub. Acts, ch. 96...................................................................................18
1879 Tenn. Pub. Acts, ch. 186.................................................................................16
Tenn. Act of J une 11, 1870......................................................................................21
Tex. Act of Apr. 12, 1871................................................................................. 16, 18
Act of May 5, 1777, ch. III,
1777 Va. Acts 8......................................................................................................7
Act of Feb. 4, 1806, ch. 94,
1805-1806 Va. Acts 51.........................................................................................13
Act of J an. 30, 1847, ch. 79,
1846-1847 Va. Acts 67.........................................................................................13
1869-1870 Va. Acts510..........................................................................................16
Wash. Code 929 (1881) ........................................................................................16
W. Va. Code ch. 148, 7 (1870).............................................................................16
Act of Apr. 23, 1925, ch. 95,
1925 W.V. Laws 389............................................................................................11
1876 Wyo. Laws ch. 52, 1............................................................................. 16, 18
OTHER AUTHORI TI ES
2 J oel Prentiss Bishop, Commentar i es on the Cr i mi nal Law (4th ed. 1868)...........20
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Page(s)
vii
*Saul Cornell, A Wel l -Regul ated Mi l i ti a: The Foundi ng Father s and the Or i gi ns of
Gun Contr ol i n Amer i ca (2006) ................................................................ 9, 14, 15
Saul Cornell, The Or i gi nal Meani ng of Or i gi nal Under standi ng: A Neo-
Bl ackstoni an Cr i ti que, 67 Md. L. Rev. 150 (2007)..............................................15
Saul Cornell & Nathan DeNino, A Wel l Regul ated Ri ght: The Ear l y Amer i can
Or i gi ns of Gun Contr ol , 73 Fordham L. Rev. 497 (2004).....................................5
*Clayton E. Cramer, Conceal ed Weapon Laws of the Ear l y Republ i c:
Duel i ng, Souther n Vi ol ence, and Mor al Refor m (1999)............................... 14, 15
Robert R. Dykstra, The Cattl e Towns (1968) ..........................................................18
Ernst Freund, The Pol i ce Power : Publ i c Pol i cy and Consti tuti onal Ri ghts 90-91
(1904)....................................................................................................................24
Roger Lane, Pol i ci ng the Ci ty: Boston, 1822-1885 (1967).......................................9
William J . Novak, The Peopl e' s Wel far e: Law and Regul ati on i n Ni neteenth-
Centur y Amer i ca (1996).......................................................................................12
5The Feder al and State Consti tuti ons, Col oni al Char ter s, and Other Or gani c
Laws 3081, 3083 (Francis N. Thorpe ed., 1909)....................................................7
3The Founder s Consti tuti on (Philip B. Kurland & Ralph Lerner eds., 1987)........6
*J ohn Norton Pomeroy, An I ntr oducti on to the Consti tuti onal Law of the Uni ted
States (1868).................................................................................................. 22, 23
Revol ver Ki l l i ngs Fast I ncr easi ng; Legi sl ati ve Measur e to be Ur ged for Cur bi ng
the Sal e of Fi r ear ms, New York Times, J an. 30, 1911..........................................9
Dennis Rousey, Pol i ci ng the Souther n Ci ty: New Or l eans, 1805-1889 (1996)........9
The Ri ght to Keep and Bear Ar ms for Publ i c and Pr i vate Defence,
1 Cent. L.J . 259 (Hon. J ohn F. Dillon & Seymour D. Thompson, eds., 1874)....23
J oel Tiffany, A Tr eati se on Gover nment, and Consti tuti onal Law (1867)..............23
George Washington, Sentiments on a Peace Establishment (May 2, 1783) .............6
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I NTERESTS OF AMI CI CURI AE AND SUMMARY OF ARGUMENT
Ami ci are Saul Cornell, Professor of History at Fordham University; Paul
Finkelman, Professor of Law and Public Policy at Albany Law School; Stanley N.
Katz, Lecturer with Rank of Professor in Public and International Affairs at
Princeton University; and David T. Konig, Professor of History and Professor of
Law at Washington University. Ami ci have taught courses and published
scholarship on the Second Amendment and legal and constitutional history, and
file this brief in support of appellees. As set forth below, there is ample historical
precedent for the type of reasonable gun regulations enacted by the District of
Columbia at issue in this case.
I NTRODUCTI ON AND SUMMARY OF ARGUMENT
InDi str i ct of Col umbi a v. Hel l er , the Court observed that the right secured
by the Second Amendment is not unlimited, and that nothing in our opinion
should be taken to cast doubt on the validity of various historical regulations of
gun use. 128 S. Ct. 2783, 2816-17 (2008). It identified some of these historical
regulations, such as laws prohibiting the possession of firearms by certain types
of persons, laws imposing conditions and qualifications on gun sales, and noted
the historical tradition of prohibiting the carrying of dangerous and unusual
weapons. I d.
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2
The regulations at issue here fall within the tradition of historical gun use
regulations identified in H el l er . The use of registration requirements to regulate
firearms has been a consistent and common historical practice in the United States.
For example, early laws regulating the militias, which at the time comprised the
body of all citizens capable of military service, required regular weapons
inspections and registration with the States. Early registration laws often extended
even more broadly, as several states conditioned the ownership of firearms on the
swearing of an oath of loyalty and also required the recordation of related
information. And states and cities continued to use registration requirements into
the twentieth century by enacting laws designed to control the new dangers arising
from the use of handguns in densely populated urban centers.
State and local governments have also exercised their police powers
throughout our nations history to limit and ban the use of particularly dangerous
weapons and ammunition. At or near the time of the founding, governments
regulated the storage of gunpowder in order to protect against fires and accidental
shootings. By the early nineteenth century, governments placed many limitations
on the use and carrying of certain classes of concealable weapons, which were
perceived to pose unique dangers to the citizenry. And state legislatures continued
to enact broad restrictions on the possession of dangerous weapons in the years
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following adoption of the Fourteenth Amendment. All of these restrictions (if
challenged at all) have by and large been upheld by the courts.
ARGUMENT
I . STATES AND MUNI CI PALI TI ES HAVE LONG I MPOSED
REQUI REMENTS AKI N TO THE DI STRI CT S REGI STRATI ON
REGULATI ONS, AND THESE REQUI REMENTS HAVE BEEN
UNDERSTOOD TO BE CONSI STENT WI TH THE RI GHT TO BEAR
ARMS.
From the nations founding until today, states have used registration
requirements to regulate the possession of firearms. During the founding period,
these state and local laws included registration and training requirements, as well
as requirements that persons eligible for militia service subject their personal
firearms to regular inspection. Several states even conditioned the exercise of gun
rights on individual registration with local governments and the swearing of an
oath of loyalty to the State. Governments also continued to use registration
schemes throughout the nineteenth and twentieth centuries to protect the public
safety, most recently as a tool to control new dangers arising from the use of
handguns in densely populated urban centers.
A. States in the Ear ly Republic Regular ly Conditioned the Right to
Bear Ar ms on Registr ation, Tr aining, and Repor ting with the
Author ities.
1. Registration requirements and similar laws date back to the militia-
related origins of the Second Amendment. In the early Republic, militias were
crucial to the nations defense, and were responsible for repelling invasions and
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suppressing insurrections. Di str i ct of Col umbi a v. Hel l er , 128 S. Ct. 2783, 2800
(2008). Thus, the Second Amendment states that a well regulated Militia is
necessar y to the secur i ty of a fr ee State. U.S. Const. amend. II (emphasis
added). As with the individual right to bear arms, the State militias were assumed
by Article I [and the Bill of Rights] already to be i n exi stence at the time of
ratification. See Hel l er , 128 S. Ct. at 2800. Early militias did not consist merely of
persons with specialized training or weaponry. Rather, the conception of the
militia at the time of the Second Amendments ratification was the body of all
citizens capable of military service, who would bring the sorts of lawful weapons
that they possessed at home to militia duty. I d. at 2817.
1
Accordingly, during the
founding era, most States enacted militia laws regulating large portions of the
population deemed eligible for service. See, e.g., 1776 Mass. Acts at 15-22; 1778
N.Y. Laws at 62-71; Act of Mar. 20, 1780, ch. CLXVII, 1780 Pa. Laws 347; Act
of Feb. 5, 1782, 1782 Del. Laws 3; Act of Mar. 26, 1784, 1784 S.C. Acts 68; Act
of May 8, 1792, 1792 Conn. Pub. Acts 440.
State militia laws generally required that all persons eligible for service
sumbit to training and registration with appropriate authorities, and also required
1
In New York, for example, the militia consisted of every able bodied male
person Indians and slaves excepted residing within [the] State from sixteen years
of age to fifty. Act of Apr. 3, 1778, ch. 33, 1778 N.Y. Laws 62, 62. In
Massachusetts, the militia was divided into different groups, but generally included
any able-bodied Male Persons . . . from sixteen Years old to fifty. Act of
J uly 19, 1776, ch. I, 1, 1776 Mass. Acts 15, 15.
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those same individuals to submit their arms for inspection. See Saul Cornell &
Nathan DeNino, A Wel l Regul ated Ri ght: The Ear l y Amer i can Or i gi ns of Gun
Contr ol , 73 Fordham L. Rev. 497, 508-10 (2004). For example, in South Carolina
the Governor could order regimental musters at least once a year, and individual
companies could be mustered every two months. See 1784 S.C. Acts at 68. In
New York, members were required to attend a regimental parade in April and
November of every year. See 1778 N.Y. Laws at 65. During these parades, the
the arms, ammunition and accoutrements of each man [were] examined, and the
defaulters . . . noted. I d. Also noted were the names of those who failed to attend
altogether. Individuals who either failed to attend, or whose arms failed
inspection, were fined, and the names of those absent were sent to the governor or
brigadier general for appropriate disciplinary action. I d. Similarly, in
Massachusetts, the clerk of each company was required biannually to make an
exact List of [each man in the] Company, and of each Mans Equipments. 1776
Mass. Acts at 18. These lists were sent on to the companys and the regiments
commanding officers. I d. In addition, those who neglected their duties, either by
failing to muster or by neglecting their firearms, faced steep fines. I d. at 19.
George Washington similarly expressed his understanding that the nations
security demanded that its citizens submit to regular inspection of their firearms.
Thus, Washington stated that the federal militia ought to be regularly Mustered
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and trained, and to have their Arms and Accoutrements inspected at certain
appointed times, not less than once or twice in the course of every [year]. George
Washington, Sentiments on a Peace Establishment (May 2, 1783), i n 3 The
Founders Constitution 129 (Philip B. Kurland & Ralph Lerner eds., 1987).
The Supreme Court explained in Hel l er that the Framers codified the right to
bear arms in the Second Amendment with the aim of protecting and preserving
militias as they existed at the time of the foundingincluding the laws and
regulations described above, which were necessary to the militias continued
existence. See 128 S. Ct. at 2801. Accordingly, these laws and regulations, which
included requirements that gun-owners regularly assemble for weapons training,
submit their firearms for inspection, and identify themselves to the state, would
have been understood to be consistent with (and indeed supportive of) the right to
bear arms in the early Republic.
2. States in the early Republic also enacted loyalty statutes requiring all
males over a certain age to identify themselves and swear allegiance to state and
local authorities, or else to be disarmed. These loyalty statutes effectively
conditioned the very possession of firearms in the general population on
registration and other requirements more burdensome than those at issue in this
case.
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Virginia, for instance, enacted a law requiring citizens to take a recorded
loyalty oath or face disarmament. The law stated that allegiance and protection
are reciprocal, and those who will not bear the former are not entitled to the
benefits of the latter, and accordingly conditioned the possession of arms by all
free born male inhabitants . . . above the age of sixteen years on the taking of an
oath or affirmation before some one of the justices of the peace of the county,
city, or borough, where they shall respectively inhabit. Act of May 5, 1777, ch.
III, 1777 Va. Acts 8. Additionally, the justices of the peace were directed to make
a tour of the county, and tender the oath . . . to every free born male person above
the age of sixteen, to r ecor d the name and information of oath-takers, and to
cause . . . recusants to be disarmed. I d.
Similar requirements were enforced in states that, as the Supreme Court
concluded, had adopted provisions analog[ous] to the Federal Second
Amendment in their constitutions prior to the ratification of the Bill of Rights.
Hel l er , 128 S.Ct. at 2802-03. Pennsylvanias 1776 Constitution, for example,
guaranteed [t]hat the people have a right to bear arms for the defence of
themselves and the state. Pa. Decl. of Rights XIII (1776), i n 5 The Feder al and
State Consti tuti ons, Col oni al Char ter s, and Other Or gani c Laws 3081, 3083
(Francis N. Thorpe ed., 1909); Hel l er , 128 S. Ct. at 2802. One year after the
ratification of its Constitution, the Pennsylvania government passed the Test Acts,
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which required each male white inhabitant above the age of eighteen years to
r egi ster his name with the local justice of the peace and take a loyalty oath before
the State or else be disarmed by the lieutenant or sublieutenants of the City or
County [where he inhabits]. See Act of J une 13, 1777, ch. 21, 1777 Pa. Laws 61,
62-63.
Similarly, Massachusetts required that every Male Person above sixteen
Years of Age . . . who shall neglect or refuse to subscribe a printed or written
[loyalty oath] . . . shall be disarmed, and have taken from him . . . all such Arms,
Ammunition and Warlike Implements, as by the strictest Search can be found in
his Possession or belonging to him. Act of Mar. 14, 1776, ch. VII, 1776 Mass.
Acts 31, 32; c.f. H el l er , 128 S. Ct. at 2803. A related provision authorized state
officials to search a non-compliant persons home for any weapons, and to seize
those weapons upon evidence that he violated the registration and oath
requirements. 1776 Mass. Acts at 32-33.
B. States Have Continued to Use Registr ation for the Sale, Tr ansfer ,
or Possession of Fir ear ms to Pr otect the Public Safety
State and local governments continued to use registration to protect the
public safety into the twentieth century, primarily as a tool to address new dangers
arising from firearms becoming cheaper, deadlier, and more readily available in
more densely populated urban centers.
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The expanding economy in the nineteenth century increased the availability
of pistols and other weapons used for personal self-defense. See Saul Cornell, A
Wel l -Regul ated Mi l i ti a: The Foundi ng Father s and the Or i gi ns of Gun Contr ol i n
Amer i ca 137 (2006). Major cities, including Boston, Philadelphia, New Orleans,
and New York began to issue revolvers to their police forces for the first time.
See, e.g., Roger Lane, Pol i ci ng the Ci ty: Boston, 1822-1885 (1967); Dennis
Rousey, Pol i ci ng the Souther n Ci ty: New Or l eans, 1805-1889 (1996). The growth
of urban centers was also bringing more people of more varied backgrounds closer
together than ever before. This combination of urbanization and the increased
availability of firearms brought new dangers, and gun-related homicide rates
steadily increased. See Revol ver Ki l l i ngs Fast I ncr easi ng; Legi sl ati ve Measur e to
be Ur ged for Cur bi ng the Sal e of Fi r ear ms, New York Times, J an. 30, 1911.
States and localities once again turned to registration and licensing
requirements to address these public safety concerns. An assassination attempt on
New Yorks Mayor William J . Gaynor in 1910, for example, led the state to
consider its first major gun reform, which included significant licensing and
registration requirements. See Cornell, A Wel l Regul ated Mi l i ti a, supr a, at 197.
The legislation, which was signed into law on May 29, 1911, required the issuance
of a license by the local government for the possession of a pistol, revolver, or
other concealable firearm. See Act of May 25, 1911, ch. 195, 1, 1911 N.Y. Laws
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442, 443. It also directed sellers to record the date of sale, name, age, occupation
and residence of every purchaser of such a pistol, revolver or other firearm,
together with the calib[er], make, model, manufacturers number or other mark of
identification on such pistol, revolver or other firearm. I d. 2, 1911 N.Y. Laws at
444.
Many other states enacted similar licensing and registration requirements
during this period. Although the details of these varied, as a general matter they
required individuals to provide detailed information to, and obtain permission
from, a government official in order to bear arms. In addition, some states required
inspection of weapons and obtaining particular licenses. For example:
x In California, any person selling, leasing, or transferring a firearm of the
type which could be concealed was required to keep a register containing
information about the sale and the purchaser, and the seller and the
purchaser were directed to sign a form with the information and submit it to
government officials. Act of May 4, 1917, ch.145, 7, 1917 Cal. Laws 221,
222-23.
x Connecticut made it a crime for any person to carry . . . any pistol [or]
revolver . . . unless such person shall have been granted a written permit
issued and signed by the mayor or chief of police of a city, warden of a
borough, or the first selectman of a town, authorizing such person to carry
such weapon or instrument within such city, borough or town. Act of
Apr. 10, 1917, ch. 129, 1917 Conn. Laws 98, 98.
x Georgia made it unlawful for any person to have or carry about his person,
in any county in the State of Georgia, any pistol or revolver without first
taking out a license from the Ordinary of the respective counties in which
the party resides. Act of Aug. 12, 1910, No. 432, 1, 1910 Ga. Laws 134,
134. A public official was directed to keep a record of the name of the
person taking out such license, the name of the maker of the fire-arm to be
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carried, and the caliber and number of the same. I d. 2, 1910 Ga. Laws at
135.
x A Nevada law made it unlawful for any person . . . to wear, carry or have
concealed upon his person, in any town any . . . pistol . . . or other dangerous
weapon, without first obtaining permission from the Board of County
Commissioners. Act of Mar. 17, 1903, ch. CXIV, 1, 1903 Nev. Laws
208, 208-09.
x A New Hampshire law provided that [t]he selectmen of towns or the mayor
or the chief of police of cities may, upon the application of any person issue
a license to such person to carry a loaded pistol or revolver in this State, if it
appears that the applicant is a suitable person to be so licensed. Act of
Apr. 6, 1909, ch. 114, 3, 1909 N.H. Laws 451, 451-52.
x Oregon law stated that [n]o person shall carry in any city, town or
municipal corporation of this State any pistol, revolver or other firearm . . .
of a size which may be concealed upon his or her person, without a license
or permit therefor, issued to him or her [by the local government] . . . Act
of Feb. 21, 1917, ch. 377, 1, 1917 Or. Laws 804.
x In West Virginia, it was a misdemeanor to carry about [ones] person any
revolver or other pistol, but a license could be obtained by publishing in a
newspaper notice of intent to acquire a license, and making a showing to a
circuit court judge that the applicant was of good moral character and had
cause for carrying a weapon. Act of Apr. 23, 1925, ch. 95, 1925 W.V. Laws
389, 389-90.
x Hawaii also generally prohibited carrying a pistol or revolver outside the
home without a license. Small Arms Act, Act 206, 1927 Haw. Laws 209.
Licenses were issued by [t]he judge of a court of record or the sheriff of a
county, or city and county . . . if it appears that the applicant has good reason
to fear an injury to his person or property, or has any other proper reason for
carrying a pistol or revolver, and that he is a suitable person to be so
licensed. I d. 7, 1927 Haw. Laws at 210.
x Michigan enacted a law that required any person within this State who
owns weapons or has in his possession a pistol to present such weapon for
safety inspection to the commissioner or chief of police . . . . A certificate of
inspection shall thereupon be issued . . . [and] mailed to the commissioner of
public safety and filed and indexed by him and kept as a permanent official
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record for a period of six years. Act of J une 2, 1927, No. 372, 9, 1927
Mich. Laws 887, 891.
For these reasons, it has been common practice for jurisdictions across the
United States to condition the right to bear arms on an individuals willingness to
provide information to government officials and register his or her firearms.
I I . STATES AND MUNI CI PALI TI ES HAVE LONG BANNED
DANGEROUS WEAPONS, AND COURTS HAVE UPHELD THESE
REGULATI ONS AS CONSI STENT WI TH THE RI GHT TO BEAR
ARMS.
Since the Founding, states and municipalities have possessed broad police
power to enact safety regulations protecting the public. See William J . Novak,
The Peopl e' s Wel far e: Law and Regul ati on i n Ni neteenth-Centur y Amer i ca 53-54
(1996). J urisdictions have exercised their police powers to regulate arms in many
ways, including, as explained above, with laws akin to the registration
requirements challenged here. But one constant has been that governments have
repeatedly banned weapons that the community views to be particularly dangerous
in that jurisdiction. That was the case with gunpowder in cities in the eighteenth
century, with certain types of knives and handguns in nineteenth-century states and
towns, and with certain types of semi-automatic weapons and ammunition in more
recent years. And courts have repeatedly upheld these types of bans of dangerous
weapons against constitutional challenges.
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A. States and Cities Have Histor ically Outlawed Danger ous
Weapons.
1. In one early form of regulation, several states regulated the storage of
gunpowder in order to protect against the accidental discharge of a weapon during
a fire, in some instances effectively banning the possession of loaded weapons in
the home.
2
As Chief J ustice Marshall observed, [t]he power to direct the removal
of gunpowder is a branch of the police power, which unquestionably remains, and
ought to remain, with the States. Br own v. Mar yl and, 25 U.S. (12 Wheat.) 419,
443 (1827). He explained that [t]he removal or destruction of infectious or
unsound articles is, undoubtedly, an exercise of that power. I d. at 444.
Shortly thereafter, other states, including Ohio, Tennessee, and Virginia,
enacted laws regulating the discharge of guns, particularly in potentially crowded
public places like the town square.
3
Since the Founding, then, states and local
2
See, e.g., Act of J une 26, 1792, ch. 10, 1792 Mass. Acts 208; Act of Apr. 13,
1784, ch. 28, 1784 N.Y. Laws 627; Act of Dec. 6, 1783, ch. 1059, 11 Pa. Stat. 209;
see al so Hel l er , 128 S. Ct. at 2819 (stating that the Massachusetts law would have
been construed to permit self-defense and, [i]n any case, we would not stake our
interpretation of the Second Amendment upon a single law, in effect in a single
city); i d. at 2849 (Breyer, J ., dissenting) (describing various laws regulating
gunpowder). Antebellum courts repeatedly upheld such regulations. See, e.g.,
Foote v. Fi r e Dep t of New Yor k, 5 Hill 99, 101 (N.Y. Sup. Ct. 1843) (The statute
is a mere police regulationan act to prevent a nuisance to the city . . . .);
Wi l l i ams v. Ci ty Counci l , 4 Ga. 509, 512 (1848).
3
See, e.g., Act of Feb. 17, 1831, ch. 834, 6, i n 3 The Statutes of Ohi o and of the
Nor thwester n Ter r i tor y 1740 (Salmon P. Chase ed., 1835); Act of Dec. 3, 1825, ch.
292, 3, 1825 Tenn. Priv. Acts 306; Act of J an. 30, 1847, ch. 79, 1846-1847 Va.
Acts 67; Act of Feb. 4, 1806, ch. 94, 1805-1806 Va. Acts 51.
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governments have regulated arms when necessary to protect citizens from such
threats to public safety as fires and accidental shootings.
2. In the early part of the nineteenth century, the states were confronted with
an additional problem concerning firearms. In the years since the colonial era,
weapons had grown smaller and cheaper, and the practice of traveling with
concealed weapons, such as handguns and knives, had become both common and
dangerous. See Cornell, A Wel l -Regul ated Mi l i ti a, supr a, at 137-40. Perceiving a
threat to their citizens safety, many state legislatures responded to this new danger
by enacting laws prohibiting the carrying of concealed weapons. See i d. at 140.
Kentucky passed the first of these in 1813, prohibiting the wearing of a pocket
pistol, dirk, large knife, or sword in a cane, concealed as a weapon, with a narrow
exception for when traveling on a journey. Act of Feb. 13, 1813, ch. 89, 1813
Ky. Acts 100, i n Cramer, supr a, at 143-44. Louisiana passed a similar ban the
same year. Other states soon followed suit.
4
Several states went further in response to this new threat, deciding not only
to outlaw the carrying of concealed weapons, but to proscribe entire classes of
concealable weapons, which by their nature posed threats to public safety. In
1837, for example, Alabama imposed a tax on the sale or giving of Bowie Knives
4
See statutes from Alabama, Virginia, Arkansas, and Indiana, i n Clayton E.
Cramer, Conceal ed Weapon Laws of the Ear l y Republ i c:
Duel i ng, Souther n Vi ol ence, and Mor al Refor m 145-46, 150-52 (1999), and from
Ohio, Act of Mar. 18, 1859, 1859 Ohio Laws 56.
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or Arkansas Tooth-picks. See Act of J une 30, 1837, 1837 Ala. Acts 11, i n Cramer,
supr a, at 146. The following year, Tennessee altogether banned the wearing, sale,
or giving of the same weapons. See Act of J an. 27, 1838, ch. CXXXVII, 1837-
1838 Tenn. Pub. Acts 200, i n Cramer, supr a, at 148-49; see al so Cornell, A Wel l -
Regul ated Mi l i ti a, supr a, at142 (describing the Alabama and Tennessee statutes as
more robust than earlier statutes by effectively moving from regulation to
prohibition of certain classes of weapons). The Founders understood the
protections of the Second Amendment to apply to these edged weapons, as they
were typically associated with the militia. See Saul Cornell, The Or i gi nal Meani ng
of Or i gi nal Under standi ng: A Neo-Bl ackstoni an Cr i ti que, 67 Md. L. Rev. 150, 157
n.42 (2007). It was therefore generally recognized in the period before the Civil
War that American governments could react to threats to the public safety through
reasonable regulation of the right to bear arms, including outlawing certain classes
of particularly dangerous weapons.
3. States continued to enact broad restrictions on the possession of weapons
in the years following the Civil War. These regulations were more pervasive than
those enacted during the antebellum period. Even when new state constitutions
contained a right to bear arms not expressly subject to legislative regulation,
5
5
See Ala. Const. of 1868, art. I, 28; Ark. Const. of 1868, art. I, 5; Del. Const.
of 1897, art. I, 20; Or. Const. of 1857, art. I, 27; Pa. Const. of 1874, art. I, 21;
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legislatures still regulated firearms.
6
Several even imposed outright bans on
handguns.
The most common regulations of the period were concealed-weapons laws.
At least fifteen states prohibited the carrying of concealed pistols and deadly
weapons, some explicitly covering all firearms or all weapons.
7
Although three of
these statutes created exceptions for travelers, persons on their own premises, or
those with a legitimate fear of attack,
8
the majority contained no such exceptions.
But concealed-weapons laws were not the only legislative prerogative
exercised at the time. At least four states banned the possession of all non-military
handguns. Tennessee criminalized carrying, publicly or privately, any . . . belt or
pocket pistol, revolver, or any kind of pistol, except the army or navy pistol,
usually used in warfare, which shall be carried openly in the hand. 1879 Tenn.
S.C. Const. of 1868, art. I 28; S.D. Const. of 1889, art. VI, 24; Wash. Const. of
1889, art. I, 24; Wyo. Const. of 1889, art. I, 24.
6
See Act of Apr. 1, 1881, 1881 Ark. Acts 191; Act of Feb. 18, 1885, ch. 8, 14,
1885 Or. Laws 33; 1880 S.C. Acts 448, 1; S.D. Terr. Pen. Code 455 (1877);
Wash. Code 929 (1881); 1876 Wyo. Laws ch. 52, 1.
7
See Act of Apr. 1, 1881, 1881 Ark. Acts 191; Colo. Rev. Stat. 149, at 229
(1881); Fla. Act of Feb. 12, 1885, ch. 3620, 1; Ill. Act of Apr. 16, 1881; Ky. Gen.
Stat., ch. 29, 1 (1880); Neb. Cons. Stat. 5604 (1893); 1879 N.C. Sess. Laws,
ch. 127; N.D. Pen. Code 457 (1895); Act of Feb. 18, 1885, ch. 8, 1-4, 1885
Or. Laws 33; 1880 S.C. Acts 448, 1; S.D. Terr. Pen. Code 457 (1877); Tex. Act
of Apr. 12, 1871; 18691870 Va. Acts 510; Wash. Code 929 (1881); W. Va.
Code ch. 148, 7 (1870).
8
See Neb. Cons. Stat. 5604 (1893); 1879 N.C. Sess. Laws, ch. 127; 1880 S.C.
Acts 448, 1.
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17
Pub. Acts, ch. 186. The only persons exempted from the statute were military
personnel and those performing specified law enforcement functions. I d. Perhaps
most pertinent here, the Tennessee Supreme Court construed the act to apply even
upon ones own farm or premises, or in fact in any pl ace. Dycus v. State, 74
Tenn. 584, 585 (1880) (emphasis added); see al so Bar ton v. State, 66 Tenn. 105,
105-06 (1874).
Tennessee was not alone in such regulation. Wyoming likewise forbade
anyone from bear[ing] upon his person, concealed or openly, any fire-arm or
other deadly weapon, within the limits of any city, town or village. 1876 Wyo.
Laws ch. 52, 1. Arkansas and Texas enacted similar bans. See Act of Apr. 1,
1881, No. 96, 1881 Ark. Acts 191; Tex. Act of Apr. 12, 1871. States also
outlawed the sale of non-military pistols,
9
or prohibited specific weapons elected
officials determined were public dangers.
10
Municipalities likewise enacted their own regulations. Dodge City, Kansas,
for example, banned the carrying of pistols and other dangerous weapons in
response to violence accompanying western cattle drives. See Dodge City, Kan.,
Ordinance No. 16, XI (Sept. 22, 1876); Robert R. Dykstra, The Cattl e Towns
121-22 (1968).
9
See Ark. Act of Apr. 1, 1881; 1879 Tenn. Pub. Acts, ch. 96.
10
See Fla. Act of Aug. 8, 1868; Ill. Act of Apr. 16, 1881; 1850 Mass. Laws, ch.
194, 2; N.D. Pen. Code 457 (1895); S.D. Terr. Pen. Code 455 (1877).
A-1408
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18
B. Cour ts Have Histor ically Upheld Restr ictions On Danger ous
Weapons
1. In the early Republic, state courts repeatedly upheld arms-regulating
statutes against constitutional attack, even when the pertinent state constitution
explicitly protected the right to bear arms. See, e.g., Day v. State, 37 Tenn. 496,
499 (1857); Aymette v. State, 21 Tenn. 154, 159-61 (1840) (right to keep weapons
is unqualified, but right to bear arms for purposes other than the common defense
can be regulated); State v. Buzzar d, 4 Ark. 18, 21 (1842); State v. Chandl er , 5 La.
Ann. 489, 489-90 (1850) (upholding a ban on concealed weapons that was
absolutely necessary to counteract a vicious state of society, growing out of the
habit of carrying concealed weapons); State v. Jumel , 13 La. Ann. 399, 400
(1858) (upholding a concealed-weapons law because it only banned a par ti cul ar
mode of bearing arms which is found dangerous to the peace of society); State v.
Rei d, 1 Ala. 612, 616-17 (1840) (holding that it was permissible for the state to
regulate weapons merely to promote personal security by prohibiting the
wearing of weapons in such a manner as is calculated to exert an unhappy
influence upon the moral feelings of the wearer, by making him less regardful of
the personal security of others). Courts thus recognized that states and localities
had authority to exercise their police powers to regulate weapons deemed
particularly dangerous.
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19
Against this backdrop, there are two major outliers. The first is Bl i ss v.
Commonweal th, 12 Ky. 90, 91, 93 (1822), in which the Kentucky Supreme Court
declared Kentuckys concealed-weapons ban in conflict with its Constitution. As
commentators in the era of the Fourteenth Amendment recognized, Bl i ss is
properly understood as the exception, not the rule, in judicial decisions involving
challenges to gun-safety regulations. See 2 J oel Prentiss Bishop, Commentar i es on
the Cr i mi nal Law 125, at 75-76 (4th ed. 1868). And, indeed, it was so
anomalous that the legislature responded by amending the state constitution to
allow a concealed-weapons ban. See Ky. Const. of 1850, art. XIII, 25.
The second outlier is Nunn v. State, in which the Georgia Supreme Court
used broad language in upholding a constitutional challenge against part of a
Georgia law banning the open carry of a horseman's pistol. Nunn v. State, 1 Ga.
243, 251 (1846). The same court, however, upheld the portion of the law which
prohibited the carry of certain weapons secretly. And the Georgia Supreme
Court has since taken a narrow reading of Nunn, stating on two separate occasions
that evidently [Nunn] was never intended to hold that men, women, and children
had some inherent right to keep and carry arms or weapons of every description,
which could not be infringed by the legislature, unless as a result of the
constitutional provision under consideration. Str i ckl and v. State, 137 Ga. 1, 8
(1911); Car son v. State, 241 Ga. 622, 627-28 (1978). Indeed, the Georgia
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20
Supreme Court later cited Nunn in uphol di ng a 1910 law that prohibited any person
from carrying a revolver without a license. Str i ckl and, 137 Ga. at 8.
Similarly, the vast majority of state and local laws regulating or outlawing
dangerous arms were upheld as paradigmatic examples of the exercise of police
power. The acknowledged police power of a State extends often to the
destruction of property. A nuisance may be abated. Every thing prejudicial to the
health or morals of a city may be removed. Thur l ow v. Massachusetts (The
Li cense Cases), 46 U.S. (5 How.) 504, 589-91 (1847) (McLean, J ., dissenting).
This power, J ustice McLean explained, is essential to self-preservation, and
exists, necessarily, in every organized community. It is, indeed, the law of nature,
and is possessed by man in his individual capacity. He may resist that which does
him harm, whether he be assailed by an assassin, or approached by poison. I d. at
589. Thus, for example, in light of the explosive nature of gunpowder, a city may
exclude it as an act[] of self-preservation. I d. For [i]ndividuals in the
enjoyment of their own rights must be careful not to injure the rights of others.
I d.
2. In the wake of the Civil War and adoption of the Fourteenth Amendment,
courts continued to recognize state legislative authority to regulate dangerous
weapons, including handguns. The Tennessee Supreme Courts Andr ews v. State
decision is illustrative. 50 Tenn. 165, 171 (1871). The plaintiffs there challenged
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21
a statute forbidding any person to publicly or privately carry any . . . pocket pistol
. . . or revolver, Tenn. Act of J une 11, 1870, asserting that it is in violation of,
and repugnant to the Second Amendment of the U.S. Constitution and
Tennessees constitution. 50 Tenn. at 171. The court interpreted the statute to
amount[] to a prohibition to keep and use such weapon for any and al l pur poses.
I d. at 187 (emphasis added). Although the court held that the federal Constitution
did not limit the state legislature, i d. at 175, it interpreted the state right-to-bear-
arms provision i n par i mater i a with the Second Amendment, i d. at 177.
Nevertheless, this right did not extend to every thing that may be useful for
offense or defense. I d. at 179. Weapons such as the pocket pistol and revolver
could be prohibited al together . I d. Even the use of weapons such as the rifle . . . ,
the shot gun, the musket, and repeater, could be subordinated to such regulations
and limitations as are or may be authorized by the law of the land, passed to
subserve the general good. I d. at 179-80; see al so State v. Wi l bur n, 66 Tenn. 57,
59-60 (1872).
Similarly, the Arkansas Supreme Court upheld that states prohibition on
carrying pistols. See Fi fe v. State, 31 Ark. 455 (1876). Tracking the reasoning of
Andr ews, the Arkansas Supreme Court upheld that States prohibition as a lawful
exercise of the police power of the State without any infringement of the
constitutional right to bear arms. I d. at 461. So, too, the Texas Supreme Court
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22
upheld a conviction for carrying an unloaded pistol for the purpose of getting it
repaired, and concluded that such carrying is not in any way protected either
under the State or Federal Constitution. Engl i sh v. State, 35 Tex. 473, 473, 478
(1871).
Courts in Georgia, West Virginia, and Oklahoma followed suit. See Hi l l v.
State, 53 Ga. 472, 474 (1874); State v. Wor kman, 35 W. Va. 367, 373 (1891); Ex
par te Thomas, 97 P. 260, 262 (Okla. 1908). In the Georgia case, the author of the
Courts opinion noted that he was at a loss to follow the line of thought that
extends the guaranteein the state Constitution of the right of the people to keep
and bear armsto the right to carry pistols, dirks, Bowie-knives, and those other
weapons of like character, which, as all admit, are the greatest nuisances of our
day. Hi l l , 53 Ga. at 474.
C. Leading Tr eatises Recognized States and Cities Author ity to
Regulate Ar ms to Pr otect the Public Safety.
Major legal treatises, including those from the earliest periods of American
history cement the conclusion that governments were widely understood to have
broad authority to regulate and ban dangerous weapons. In Hel l er , the Supreme
Court cited J ohn Norton Pomeroys treatise as representative of post-Civil War
19th-century sources commenting on the right to bear arms. 128 S. Ct. at 2812.
As the Court noted, Pomeroy observed that while [t]he object of the Second
Amendment is to secure a well-armed militia, a militia would be useless unless
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23
the citizens were enabled to exercise themselves in the use of warlike weapons,
and so the government is forbidden by any law or proceeding to invade or destroy
the right to keep and bear arms. J ohn Norton Pomeroy, An I ntr oducti on to the
Consti tuti onal Law of the Uni ted States 152 (1868). The very next sentence in
Pomeroys treatise is: But all such provisions, all such guarantees, must be
construed with reference to their intent and design. This constitutional inhibition is
certainly not violated by laws forbidding persons to carry dangerous or concealed
weapons, or laws forbidding the accumulation of quantities of arms with the design
to use them in a riotous or seditious manner. I d. at 152-53.
One early commentator on the right to bear arms similarly observed that the
right in the people to keep and bear arms, although secured by . . . the
constitution, is held in subjection to the public safety and welfare. J oel Tiffany, A
Tr eati se on Gover nment, and Consti tuti onal Law 394 (1867). Even where there is
a right to bear arms, the peace of society and the safety of peaceable citizens plead
loudly for protection against the evils which result from permitting other citizens to
go armed with dangerous weapons. The Ri ght to Keep and Bear Ar ms for Publ i c
and Pr i vate Defence, 1 Cent. L.J . 259, 287 (Hon. J ohn F. Dillon & Seymour D.
Thompson, eds., 1874). And so the law must strike some sort of balance between
these apparently conflicting rights. I d.
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24
In his authoritative survey of police power, published in 1904, Ernst Freund
reviewed nineteenth-century weapons regulations to conclude that the
constitutional guarantees of the Second Amendment and similar state constitutional
provisions had not prevented the very general enactment of statutes forbidding the
carrying of concealed weapons, and the possessi on or use of cer tai n deadl y
weapons. Ernst Freund, The Pol i ce Power : Publ i c Pol i cy and Consti tuti onal
Ri ghts 90-91 (1904) (emphasis added). He deemed this a classic illustration of the
more general principle whereby constitutional rights must if possible be so
interpreted as not to conflict with the requirements of peace, order and security.
I d. at 91.
CONCLUSI ON
For the foregoing reasons this Court should affirm the decision below.
/s/ Matthew M. Shors
MATTHEW M. SHORS
OMELVENY &MYERS LLP
1625 Eye St. NW
(202) 383-5300
Dated: September 20, 2010 Attor ney for Ami ci Cur i ae
A-1415
49 of 290
CERTI FI CATE OF COMPLI ANCE WI TH RULE 29(d)
In accordance with D.C. Circuit Rule 29(d), the undersigned certifies that
the accompanying brief is necessary. Ami ci are Professional Historians and Law
Professors who have taught courses and published scholarship on the Second
Amendment and legal and constitutional history. The Supreme Court in Hel l er v.
Di str i ct of Col umbi a, 128 S. Ct. 2783 (2008), looked to historical gun regulations
in determining the Second Amendments application to current gun laws. Ami ci
are not aware of any other brief in this case that describes in detail the history of
registration requirements and regulations of dangerous weapons dating back to the
early Republic.
Dated: September 20, 2010
Matthew M. Shors
OMelveny & Myers LLP
1625 Eye Street, NW
Washington, D.C. 20006
(202) 383-5300
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50 of 290
CERTI FI CATE OF SERVI CE
I hereby certify that on September 20, 2010, I caused a true and accurate
copy of the Brief for Professional Historians and Law Professors Saul Cornell,
Paul Finkelman, Stanley N. Katz, and David T. Konig as Ami ci Cur i ae in Support
of Appellees to be served upon the following counsel for the parties via the Courts
ECF system:
Stephen P. Halbrook
Richard E. Gardiner
3925 Chain Bridge Road, Suite 403
Fairfax, VA 22030
(703) 352-7276
Todd S. Kim
Office of the Attorney General for the District of Columbia
441 4th St., N.W., Suite 600-S
Matthew M. Shors
OMelveny & Myers LLP
1625 Eye Street, NW
(202) 383-5300
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A-1418
THE IMPACT OF THE 1994
FEDERAL ASSAULT WEAPON ACT
~ I l r F 2 I BRADY CENTER TO PREVENT GUN VIOLENCE
Data Analysis by Crime Gun Solutions LLC
52 of 290
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MARCH 2004
On Target
ACKNOWLEDGEMENTS
This study was prepared by the Brady Center to Prevent Gun Violence using data obtained and
analyzed by the experts at Crime Gun Solutions LLC. Founded in 1983, the Brady Center to
Prevent Gun Violence is a national non-profit organization working to reduce the tragic toll of
gun violence in America through education, research, and legal advocacy. The programs of the
Center complement the legislative initiatives of its sister organization, the Brady Campaign to
Prevent Gun Violence united with the Million Mom March.
This study was prepared under the direction of Brian ]. Siebel, Senior Attorney for the Brady
Center's Legal Action Project: Daniel Vice, Elizabeth Haile, and Dawn Canady prepared por-
tions of the study.
The crime gun tracing analysis in this study was done by Gerald A. Nunziato of Crime Gun
Solutions LLC (CGS). For eight years, Mr. Nunziato was the Spectal Agent in Charge of the
Bureau of Alcohol, Tobacco, and Firearm's National Tracing Center, during which he dramati-
cally improved and expanded firearms tracing as a law enforcement tool. The Brady Center
would also like to thank Joseph ]. Vince, Jr. ofCGS. Mr. Vince has held numerous positions with-
in ATF, including Special Agent in Charge, Intelligence Division; Chief, Firearms Division; and
Chief, Crime Gun Analysis Branch.
All material within this study is protected by copyright law and may not be reproduced without
the express written consent of the Brady Center to Prevent Gun Violence.
Copyright 2004
Brady Center to Prevent Gun Violence
Study available at www.bradyccnter.org; and www.gunlawSllits.org.
53 of 290
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TABLE OF CONTENTS
EXECUTIVE SUMMARY . ............................. 2
INTRODUCTION . .................................... 3
THE FEDERAL ASSAULT WEAPONS ACT ........... 3
THE "COPYCAT" PROBLEM ................. . ....... 4
PRIOR STUDIES OF ASSAULT WEAPONS LAWS ......... 5
FINDINGS . ......................................... 7
Finding #1: Assault weapons banned by name in the Federal Assault
Weapons Act have declined significantly as a percentage of
guns the Bureau of Alcohol, Tobacco, Firearms and Explosives
has traced to crime, and in absolute numbers of traces, since
the Act was passed. Had this decline not occurred, thousands
more of these banned assault weapons would likely have been
traced to crime over the last 10 years ............... 7
Finding #2: The gun industry's efforts to evade the Federal Assault
Weapons Act through the sale of "copycat" guns has not sub#
stantially undercut the positive effect of the statute in reducing
the incidence of assault weapons among crime guns. . . . . . . . . . . .. 10
CONCLUSION ...................................... 12
APPENDICES . ...................................... 13
ENDNOTES ........................................ 17
Brady Cenier to Prevent Gun Violence
On Target 1
54 of 290
A-1421
EXECUTIVE SUMMARY
To evaluate the questions below, the Brady Center to Prevent Gun Violence asked Crime Gun Solutions LLC
to revit::w and analyze national crime gun trace data maintained by the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF). The data rt::present guns nationwide that have been illegally possessed, used in a crime,
or suspt::cted of being used in a crime, thereafter recovered by law enforcement and then traced to learn about
the sales history of the gun.
Has the Federal A ssault Weapons Act reduced the incidence of assault
\Neapons used in crime?
Yes. In the five year period before enactment of the Federal Assault Weapons Act (1990-1994), assault weapons
named in the Act constituted 4.82% of the crime gun traces ATF conducted nationwide. Since the law's enact-
ment, however, these assault weapons have made up only 1.61 % of the guns ATF has traced to crime-a drop
of 66% from the pre-ban rate. Moreover, ATF trace data show a steady year-by-year decline in the percentage
of assault weapons traced, suggesting that the longer the statute has been in effect, the less available these guns
have become for criminal misuse. Indeed, the absolute number of assault weapons traced has also declined.
This decline is extremely significant to law enforcement and has clearly enhanced public safety, especially since
these military-style weapons are among the deadliest ever sold on the civilian market. For example, if the Act
had not been passed and the banned assault weapons continued to make up the same percentage of crime gun
traces as before the Act's passage, approximately 60,000 additional assault weapons would have been traced to
crime in the last 10 years-an average of 6,000 additional assaul t weapons traced to crime each year.
Have industry efforts to evade the Act throug h " copycat" assault
\Neapons eliminated its positive effects?
No. After the Assault Weapons Act was passed, gun manufacturers sought to evade the ban by producing '
weapons with minor changes or new model names. The Act was designed to prevent this nccurrence by defin-
ing assault weapons to indude "copies or duplicates" of the firearms listed in the ban in any caliher,' though thb
provision has never been enforced. Yet, even if copycats of the federally banned guns are considered, there has
still been a 45% decline between the pre-ban period (1990 - 1994) and the post-ban period (1995 and after)
in the percentage of ATF cri me gun traces involving assault weapons and copycat models.
The result!. of this study make it clear that the United States Congress needs to renew the Federal Assault
\Veapons Act. If the Act is not renewed, a decade of progress could be lost and thousands of additional
assault weapons are likely to be used in crime in the future.
2 On Target
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INTRODUCTION
THE FEDERAL ASSAULT
WEAPONS ACT
The Assault Weapons Problem
While all fin:anns are dangerous, assault weapons
pose special dangers. They are semiautomatic, civilian
versions of weapons designed for military use. The
weapons are capable of holding large-capacity maga-
zines that allow a shooter to fire lip to 150 shots with-
out having to reload. Assault weapons also typically
include features that help the shooter control the gun
during mpid firing, such as pistol grips or forward
handgrips.l
These weapons were specifically designed for mili-
tary use in order to kill greater numbers of people more
effectively. ATF has explained this as follows:
Assault weapons were designed for rapid fire,
close quarter shooting at human beings. That
is why they were put together the way they
were. You will not find these guns in a duck
blind or at the Olympics. They are mass pro-
duced mayhem.
1
As ATF has notell, the weapons "are not generally
recognized as particularly suitable for or readily adapt-
able to sporting purposes" and instead "are attractive
to certain criminals.'" The combination of semiauto-
matic firing capability with large capacity magazines
allows criminals to fire mote times within a limited
perind of time-making these weapons especially
lethal. According to ATF, semiautomatic assault
weapons "are preferred by criminals over law abiding
citizens eight to one ... . Access to them shifts the bal-
ance of power to the lawless."; A study of ATF tracing
data released prior to the enactment of the 1994 fed-
eral assault weapons law revealed that assault weapons
were 20 times more likely than conventional firearms
to be lIsed in crime.
6
In the 19805, law enforcement reported that assault
weapons were the "weapons of choice" for drug traf-
fickers, gangs, terrorists, and paramilitary extremist
groups. Assault weapons were u!>ed to perpetrate some
of the worst mass murders ever committed in the
United States.
In 1989, the Administration of Ge\)rge H.W. Bush
took the first step in addressing the problem of the
availability of assault weapons and assault weapon use
in crime by suspending importation ()f assault weapons
"not suitahle or readily adaptable to sporting purpos-
es."1 This import ban was expanded by President Bill
Clinton in 1998."
In May 1989, California became the first state to
pass an assault weapons ban.
9
The statute banned the
sale, production and possession of certain listed assault
weapons and those that have specific military features
such as pistol grips and folding stocks. People who
owned such assault weapons prior to the law were
Examples of Mass Shootings
With Assault Weapons
Using an Uz i assault pistol and a shotgun, James
Huberty killed 21 people and wounded 19 others
in a San Ys idro, California, McDonald's on July
18,1984.
Using an AK-47 rifle, two MAC-II assault pis-
tols, and a duffle-bag full of other firearms,
Joseph Wesbecker killed 7 people and wounded
\3 others on September 14, 1989, at his former
place of work in Louisville, Kentucky, before tak-
ing his own life.
Patrick Edward Purdy used an AK-47 to open
fire on a schoolyard in Stockton, California, fir-
ing over 100 rounds in less than 2 minutes,
killing 5 children and wounding 29 others on
January 17, 1989.
Us ing two TEC-DC9s, Gian Luigi Ferri opened
fire in a San Francisco, California, office tower
on July 1,1993, killing 8 people and wounding
6 more.
On Target 3
56 of 290
A-1423
required to register the weapons and were not allowed
to sell or give them to anyone in the state. California
also the sale of rapid-fire ammunition maga-
zines in excess of 10 rounds.
ll
'
Congress Responds to the Problem
In response to mass shootings and mounti ng publi c
pressure, Congress took up consideration of a ban on
assault weapons in 1989. Over a span of five years, sev-
eral bills were introduced aimed at curbing assault
weapon use hefore final passage of the current assaul t
weapons ban in 1994.
In hearings on the bills, the Senate Judiciary
Committee explained the need to:
address the carnage wrought by deadly mili-
tary-style assault weapons on innocent citizens
and the law enforcement officers who seek to
protect liS all. Recent events illustrate again,
and with chilling vividness, the tragedy that
results from the wide and easy availability of
guns with fire power that overwhelm our
police, of weapons that have no place in hunt-
ing ()f sport and whose only real function is to
kill human beings at a ferocious pace.
1l
The "Public Safety and Recteational Firearms Use
Protection Act of 1994," referred to here as the
"Federal Assault Weapons Act," was passed on
September 13, 1994, as part of a larger crime bill-The
Federal Violent Crime Control and Law Enforcement
Act of 1994. The Assault Weapons Act has a 1O-year
sunset provision. It will expire on September 1.3, 2004,
unless it is renewed by Congress.
The ban makes it unlawful to "mamlfacture, transfer
or possess a semiautomatic assault weapon," as well as
large capacity magazines capable of holding more than
10 rounds.1l However, assault weapons and large capac-
ity magazines legally possessed on the effective date (If
the Act remain legal under the Act's "grandfather
clause."l' Banned weapons encompass certain named
including the AK-47, Uzi, Colt AR-15, and
Street Sweeper, as well as cnpies or duplicates of these
named firearms in any caliber, and any weapons with
two or more of a list of military features, such as flash
suppressors or grenade launchers. H The Act also specif-
ically exempts by name 661 sporting rifles.
4 On Target
THE "COPYCAT" PROBLEM
The gun industry responded to passage of the Federal
Assault Weapons Act by renaming guns and/or mak-
ing minor changes in guns to skirt the ban. Below are
three examples out of dozens (If industry attempts to
evade tbe ban.
Bushmaster XM-15
Bushmaster Firearms of Windham, Maine, manufac-
tures the Bushmaster XM-lS rifle. This gun is an AR-
15 type rifle with minor changes that have allowed it
to evade the Assault Weapons Act. According t(l
Bushmaster officer and spokesperson Allen Faraday,
"the changes were all cosmetic and didn't affect the
gun's performance.
ms
The Bushmaster XM- lS rifle has
been used in violent crimes, including the
Washington, DC-area sniper attacks in late l002.
ln
Bushmaster markets the XM-lS to the general pub-
lic as a military style weapon made "to military speci-
fication."I; The XM-1S "fires ... the same round used in
the Colt M-16 (the standard U.S. military rifle)" and
"is a semiautomatic version of the M-16. This round
has an effective range of 300 meters and can pien:e
most body arm\)J'."I.i
Bushmaster advertises that the XM-lS is accurate
when sh()oting "targets" at long mnge with tht: slogan
"The Best-By A Long Shotl" Bushmaster designed
its guns to appeal to people wishing to prepare for and
engage in military-style operations. Bushmaster
advertises that the guns it sells to civilians have a
"military look" and that its guns have been used by
elite mili tary units such as "Special Forces Units;
Seals; Rangers [and] Green Berets." Bushmaster mar-
kers an "ultimate sniper grip" for its guns and touts
that a new model of its gun, which it concedes is not
legal for h unting in some states, "is proving to be very
popular CI!> a Counter-Sniper Rifle."I"
Bushmaster sells att achments for its guns, including
bayonets and bayonet lugs, flash suppressors, telescop-
ing stocks, flare launchers, and "Tactical ASSCllllt
Sling" adapters "to allow assault position carry of
your weapon." In addition, although the Assault
Brady Center to Prevent Gun Viol ence
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A-1424
Weapons Act prohibits the manufacture of ammuni-
tion magazines that can hold more than 10 rounds,
Bushmaster apparently stockpiled enough "pre-ban"
magazines that it still markets 40 round ammunition
magazines as available for sale to the general public for
only $24.95, allowing the firing of 40 ammunition
rounds without pausing to
I ntratec AB-IO - "After Ban-lO"
Prior to the Assault
Weapons Act, lntratec of
Miami, Florida, manufac-
tured the infamous TEC-9,
a high-powered gun weigh-
ing only 3.1 pounds, yet
equipped with a 32-round
ammUnItion magazine.
Intratec advertised the
TEC-9 to appeal to crimi-
nals, bragging that it had
"excellent resistance to
finger prints."ll
According to ATF data, annual production of the
TEC-9 increased dramatically from 2,995 pistols in
1981 to an average of 14,466 in the last four years of
the 19805. When Washington, DC, enacted a law in
1991 imposing strict liability for shootings with TEC-
9 guns, Intratec mockingly renamed the gun the
"TEC-DC9" to evade liability and the law. The TEC-
DC9 was used in massacres at Columbine High School
in Littleton, Colorado, and at the 101 CalifDrnia
Street office building in downtown San Francisco.
2
!
The Federal Assault Weapons Act banned both the
TEC-9 and TEC-DC9 by name. Intratec responded by
renaming the gun the A B-lO (AB standing for "after
ban") and making minor changes to evade the features
test. Even though the assault weapons ban prohibits
the manufacture of ammunition magazines that can
hold more than 10 rounds, Intratec marketed the AR-
lO with pre-ban 32-rounJ ammunition magazines.!!
Following passage of the Assault Weapons Act,
lntratec's productIon of semiautomatic pistols dropped
dramatically, from 75,102 semiautomatic pistols in
1994 to 9,584 in 1995 and 5,820 in 1996. lntratec
ceased operations in 2001.14
Olympic Arms PCR - "Politically Correct Rifle"
Following the Act's ban on assault rifles, Olympic
Arms of Olympia, Washington, redesigned its weapons
to evade the Act's features test. Although the Assault
Weapons Act prohibits the manufacture of Colt AR-
15 rifles, Olympic Arms sells an AR-lS type rifle
called the "peR," which the company contemptuous-
ly explains is short for "Politically Correct Rifle."H
This rifle incorporates changes, such as a removed bay-
onet lug, that have allowed it to skirt the Assault
Weapons Act.
26
PRIOR STUDIES OF ASSAULT
WEAPON LAWS
National Institute of Justice Study
Following enactment of the Assault Weapons Act,
the U.S. Department of Justice National lnstitute of
Justice conducted a study, mandated by the Act, of the
short-term impact on crime of the assault weapons
ban. The study, published in 1999, found that the ban
had "clear short-term effects on the gun market," lead-
ing to semiautomatic assault Weapl>I1S "becom[ingjless
accessible to criminals because there was at least a
short-term decrease in criminal use of the banned
weapons."lI
The study also explained that ATF data showed that
crime gun traces ()f assault weapons dropped 20% in
the year follOWing enactment of the Assault Weapons
A Study for the Department of
Justice published in 1999 concluded
that the ban led to assault weapons
"becom[ing] less accessible to crimi,
nals because there was at least a
short, term decrease in criminal use
of the banned weapons."
On Target 5
58 of 290
A-1425
Act. from 4,077 assault weapon traces in 1994 to 3,268
in 1991. This 20% drop in assault weapon traces was
double the 10% overa 11 decl ine in the gun murder rate
that year. suggesting that. at least in the short-term,
the han reduced the LIse of assault weapons in crime.
Moreover, murder rates dropped 6.7% below what the
rates were projected to be withom the ban, once
researchers isolated the impact of the Assault
Weapons Act by accounting for other factors such
as murder trends, demographic and economic changes,
a federal juvenile handgun possession ban, and state
initiatives.
I
.
1
After analyzing the short-term
effects of the Assault Weapons Act,
the study for the Department of
Justice concluded that the ban "may
affect gun markets in ways that at
least temporarily reduce criminals'
access to the regulated guns, with
little impact on law-abiding owners."
Murders of police officers with assault weapons also
dropped from ahout 16% of gun murders of police in
1994 and early 1995 to 0% of murders of police officers
in the latter half of 1995 and 1996.
29
The National Institute of Justice study also found
further evidence that the national decrease in assault
weapons traced to crime was an effect of the han.
Assaulr weapon traces from states that already had
their own assault weapon bans dropped only an esti-
mated 6-8% in 1995, suggesting that the national
downward trends in assault weapons traces reflect
effects of the Federal han.
J0
Further, the study found that there were fewer assault
weapon traces in 1995 than in 1993, suggesting that
the decrease in assault weapons traced to crime was
not attrihutable to a surge in assault weapon tracing
after the effective date of the Assault Weap1>11 Act.
Moreover, analysis of assault weapons recovered in
crime in two cities without preexisting state assault
weapon bans, Boston and St. LOllis, showed a respec-
6 On Target
tive 24% and 29% drop in assault weapons recovered
in crime, supporting the conclusion that the drop in
assault weapon use in crime was attributable to the ban
and not to any potential biases in trace dara.
11
Although National Institute of Justice researchers
could not reach long-term conclusions because of the
limited time-span of their study, their analysis of the
short-term effects of the assault weapons ban conclud-
ed: "The findings suggest that the relatively modest
gun control measures that are politically feasible in
this country may affect gun markets in ways that at
least temporarily reduce criminals' access to the regu-
lated guns, with little impact on law-abiding owners."ll
Maryland Assault Pistol Ban Study
A study of the effect of one state's han on assault pis-
tols showed similar positive effects. In June 1994, a
Maryland law took effect that banned the sale of
assault pistols and high capacity magazines, including
those manufactured prior to implementation of the
law. A year later a study was performed, based on data
provided by the Baltimore City Police Department,
that concluded that 55% fewer assault pistols were
used to commit crimes than would have heen used had
Maryland not a ban.
ll
Analysis Done for Senators Feinstein and
Schumer
A morc recent analysis of the long-term effects of
the Assault Weapons Act on crime confirmed the ini-
tial conclusions of the NI] Report that the ban has
resulted in a decline of the rate at which assault
weapons are recovered in crime. This analysis, by
United States Senators Dianne Feinstein and Charles
Schumer, showed that the proportion uf banned
assault weapons traced to crime has dropped by more
than 65% since 1995, according to ATF crime gun
trace data.J4 The Feinstein-Schumer report did not,
however, address the effect of the indllstry's develop-
ment of "copycat" guns on the overall effectiveness
of the ban in reducing the rate of weapons
in crime.
59 of 290
A-1426
FINDINGS
FINDING #1: Assault weapons banned by name in the Federal Assault
Weapons Act have declined significantly as a percentage of guns
ATF has traced to crime, and in absolute numbers of traces, since
the Act was passed. Had this decline not occurred, thousands
more of these banned assault weapons would likely have been
traced to crime over the last 10 years.
METHOD
This study analyzed nati onal crime gun trace data
maintained by ATF that it has previously released to
the public through the Freedom of Information Act.
u
1t is important to understand that the firearms listed in
this data are considered by ATF to be "crime guns,"
which means they have been illegally possessed, used
in a crime, or suspected of having been used in a

The data available for CGS to analyze covered the
years 1990-2001. This data includes more than
1,424,949 crime gun traces.
l1
To evaluate the effect of
the Assault Weapons Act, the Brady Center first asked
CGS to limit its calculations tn firearms named in the
Act. (These are identified in Appendix 1.) Guns that
could be considered "copies or duplicates" of those
fireanns were not. included.
To establish a pre-han level of tracing, CGS looked
at the five year period (1990-1994) leading up to the
federal ban. The federal han was passed in September
1994, hut, to be all of 1994 was includ-
ed in the pre-han analysis. 1ft
RESULTS
During the pre-ban perind (1990-1994), a total of
4.82% of the crime gun traces conducted by ATF
nationwide were assault weapons named in the Act,
even though ATF estimated that assault weapons com-
prised only about 1% of the 200 million guns then in
circulation in the United States. \9 The disproportion-
ate lise of these guns in cri me was one of the reasons
Congress passed the Assault Weapons Act.
4J
Since the law's enactment, however, assault
weapons have steadily decli ned as a percentage of
overall crime gun traces. In t he post-ban period (1995
and after) assault weapons have made up only 1.61 %
of the guns ATF has traced to crime-a drop of 66%
from the pre,ban rate. Moreover, as dramatic as this
drop has been, it measures only the decline in the
average percentage of assault weapons traces from the
pre-ban to the post-ban period. The year-fry-year per-
centage of assault weapons traced to crime has been
even lower than the average of 1.61 % since 1999. By
2001, the last year for which CGS has data, only 1.1 %
Pre-Ban
Percentage of
Assault Weapon
Traces In ATF
National Trace
Database
4.82%
Post-Ban
Percentage of
Assault Weapon
Traces In ATF
National Trace
Database
1.61%
Percentage Decline of Assault
Weapons Traces Between Pre-Ban and
Post-Ban Periods
66%
of ATF's traces involved assault weapons named in the
Federal ban. See Table 1. In addition, when measured
by total crime guns traced, the number of named
assault weapons traced in both 2000 and 2001 is less
than the number of these guns that were trHced in
1993 and 1994. This strongly suggests that over time
these deadly guns have become less for crim-
inal misuse. If this decline is to continue, it is impera-
tive that Congress renew the Assault Weapons Act.
On Target 7
60 of 290
A-1427
6%
5%
4%
3%
2%
1%
0
, ,0
5.72%
. Banned 'LS.\o:lulc
weapon:. nrc guns listed
hy name in [he t-=c(.)cral
Ass,Hllt Aer.
1990 1991
B On Target
TABLE 1 - Banned Assault Weapons as a Percentage
of All Crime Guns, 1990 - 2001
1992 1993 1994 1995 1996 1997 1998 1999 2000 2001
61 of 290
A-1428
This decline is extremely significant to law enforce-
ment and has clearly enhanced public safety, especially
since these military-style weapons are among the dead-
liest ever sold on the civilian market. For example, if
the Assault Weapons Act had not been passed, there is
every reason to believe the rate at which they would
have been traced would have at least stayed relatively
constant throughout the 1990s. After all, the rate
remained fairly steady above 5% of ATF traces in each
year from 1990-1993, before the ban was enacted.ll
If this pre-ban rate-which CGS has calculated was
4.82%--continued after the ban took effect, approxi-
mately 60,000 additional assault weapons would have
been traced to crime in the last 10 years. See Table 2,'1
If the ban is allowed to lapse, it is likely that these
weapons would comprise more and more of the guns
recovered in crime into the future.
Table 2-Potential Additional Assault
Weapon Crime Traces By Year,
Without Federal Assault Weapons Act
1995 - 1358 crime traces
1997
- 5679 crime traces
2002 - 7884* crime traces
Total: 60.895
*Estimated
On Target 9
62 of 290
A-1429
FINDING #2: The gun industry's efforts to evade the Federal Assault Weapons
Act through the sale of "copycat" guns has not substantially
undercut the positive effect of the statute in reducing the inci-
dence of assault weapons among crime guns.
METHOD
In addition to looking at assault weapons named in
the Federal Act, an evaluation of copycat weapons is
necessary. Many of these copycat guns should be cov-
ered under the original Act's intent to ban "copies or
duplicates" of listed firearms in any caliber. ATF has
never defined this phrase nor identified any firearms
that might be considered "copies or duplicates.";} The
gun industry has sought to exploit this by selling guns
they have advertised as "copies" of banned guns to
take advantage of their notorious image.
To determine the extent to which the gun industry
has been successful in undercutting the Act, the Brady
Center asked COS to evaluate tracing data for copy-
cat assault weapons. COS included copycat AK and
AR-15 assault weapons identified by name by the
California Department of Justice as models that are
only "variations, with minor differences" of those
firearms, regardless of the manufacturer.'H Certainly
these weapons should be considered copycats under
the Federal Act. In addition, COS counted all other
AK and AR-15 models listed in the ATF database,
regarJless of the manufacturer. (These guns are identi-
fied in Appendix 2.)
The Brady Center asked COS to consider addition-
al firearm models beyond AK or AR-l 'i variations that
are identified in legislation pending in the United
States House of Representatives (H.R. 2038, intro-
duced by Representative McCarthy), and in the
United States Senate (S. 1431, introduced by Senator
Lautenberg). The intent of the bills is to expand the
reach of the Federal Assault Weapons Act to encom-
pass a more comprehensive set of military-style guns.
(A list of the assault weapons banned by name in H.R.
2038 and S. 1431 is given in Appendix 3.) According
to COS's analysis of the ATF tracing data, only a few
of these additional guns have been traced in quantities
significant enough to affect the ,malysis. Of these guns
with significant trace counts, only one gun-the
Intratec A B- IO-could be cnnsidered a "copy or
duplicate" of a gun banned in the 1994 Act and it was
10 On Target
therefore included. The other guns with significant
trace counts-the Hi-Point Carbine, the Ruger Mini
14, various iterations of the M L Carbine, and various
SKS models-for the most part pre-dated the 1994
Act, but were not included by Congress in the defini-
tion of assault weapons. They, therefore, have not
been included in this analysis of the incidence of
copycat assault weapons among overall crime gun
traces.
Percentage
Decline
of Assault
Weapons Traces-
Including
Copycats-
Between Pre-Ban
and Post-Ban
Periods
45%
Percentage
Decline of
Assault Weapons
Traces -Incl uding
All Guns in H.R.
2038 and S.
1431-Between
Pre-Ban and Post-
Ban Periods
37%
RESULTS
COS found that even
if the grouping of copy-
cat guns is included in
the count of assault
weapons traced to
crime, there has still
been a significant
decline in the percent-
age of ATF crime gun
traces involving assault
weapons. In the pre-ban
period, assault weapons,
inch,ding copycats,
made up 5.7/c) of ATF
traces. In the post-ban
period, the same group
of guns has constituted
3.1 % of ATF traces, a
decline of 45/h. As
with Finding #1, this
measures the decline in
the average percentage
of (lSSfHilt weapons
traces frum the pre-ban
to the post-ban period.
The year-by-year per-
centage of assault
weapons traced has
been even lower than
63 of 290
A-1430
6"10
5"10
4"10
3"10
2"10
Nott! B:umal assault
1 , 0 \\'t!apons gun:, listed
by nanu: in lht!
\"eapons Act.
C\)pycm..;
lar to listed We:lpt1l\S,
but with minor changes
meant to e,"ade the ban.
1990 1991
TABLE 3 - Banned Assault Weapons and Copycats
as a Percentage of All Crime Guns, 1990 - 2001
6.15"10
1992 1993 1994 1995 1996 1997 1998
1999 2000 2001
On Target 11
64 of 290
A-1431
the average of 3.1 % since 1999. By 2001, the last year
for which COS has data, only 2.57% of ATF's crime
gun traces involved assault weapons named in the Act.
See Table 3.
Moreover, even if all of the guns listed in H.R. 2038
and S. 1431 (including the Hi-Point Carbine, the
Ruger Mini-14, the Ml Carbine, and the SKS) were
counted as assault weapons in the analysis, COS found
CONCLUSION
that assault weapons traced to crime made up 7.2% of
ATF's nationwide crime gun traces from 1990 - 1994,
but only 4.5% of crime gun traces after the Assault
Weapons Act took effect, a decline of more than 37%.
Thus, the data suggests that although, to some
extent, criminals are substituting copycat assault
weapons for guns banned by name, this substitution
effect is far from complete.
Enacted into law in 1994, the Federal Assault Weapons Act was designed to reduce the use in crime of mili-
tary-style semiautomatic firearms, seen by law enforcement authorities as posing a special threat to public safe-
ty. The Act was narrowly drawn to ban certain named assault weapons and their "copies and duplicates," along
with other guns that have certain specified military features. Soon after the Act went into effect, assault weapon
manufacturers sought to evade it by producing copycat assault weapons that were either renamed or differed in
design in minor ways from the banned weapons. The industry's success in introducing such copycat guns, along
with the federal government's failure to move against copycats under the "copies and duplicates" language of
the statute, has raised concerns about whether the Act has had any measurable impact on the use of assault
weapons in crime.
This study has demonstrated that, since the Act became law, assault weapons banned by name in the Act have
declined from almost 5% of guns traced to crirne in the pre-ban period to only 1.6% in the years following the
ban-a decline of 66%. The absolute number of named assault weapons traced to crime also has declined, even
though the absolute number of crime gun traces has steadily increased. Moreover, even if copycat guns are
included. assault weapons have declined from almost 6% of traced guns to about 3%-a decline of 45%. This
suggests that although, to some extent, criminals are substituting copycat assault weapons for guns banned by
name, this substitution effect is far from complete. Put another way, the Federal Assault Weapons Act has con-
tributed to a substantial reduction in the use of assault weapons in crime, despite the industry's efforts to evade
the law through the sale of copycat assault weapons.
Like most laws, the Assault Weapons Act is not perfect. It should be strengthened to cover a more compre-
hensive set of military-style weapons. Nevertheless, it has reduced the use of high-firepower assault weapons
available t ~ [ criminal use. Its loss, through Congressional inaction, would be a serious blow to publ ic safety.
12 On Target Brady Center to Prevent Gun Violence
65 of 290
A-1432
APPENDICES
Appendix 1: Assault Weapons
Named in the 1994 Assault
Weapons Act by Group
Israel Military Industries Action Arms UZI
Israel Military Arms Galil
North China Industries 56, 84, 86, 320,
AKM, AKS; Poly technologies AK47, AK47/S,
AKS; Mitchell Anns AK
Colt AR 15
Beretta AR 70
Blady Center to Prevent Gun Violence
Steyr AUG
Fabrique Nationale FN/FAL, FN/LAR, and FNC
Intratec TEC9, TEC DC9 and TEC,22
Street Sweeper/Striker 12
(includi ng USAS 12)
On Target 13
66 of 290
A-1433
Appendix 2: AK Series and AR-15 Series Copycat Assault Weapons
Identified by the California Department of Justice
American Arms DPMS MAADI Co.
AK-C47 Panther (all) AK47
AK-F39 ARM
AK-F47 Eagle Arms MlSR (all)
AK-Y39 EA-15 El MISTR (all)
EA-15 A2 H-BAR
American SQirit
MI5 (all) Mitchell Arms, Inc.
USA Model
M-76
Frankford Arsenal
M-90
Armalite
AR-15 (all)
RPK
ARlO (all)
Golden Eagle Hesse Ltd.
North China Industries
MI5 (all) HAR 15A2 (all)
MAK90
Model 47 (all)
NHM90
Arsenal Co. of Bulgaria
Wieger STG 940 Rifle
NHM90-2
SLG (all)
NHM91
SLR (all) Internationale Ordnance
RPK Rifle
AK-47 (all)
Hunter Rifle
B-West
M-97
AK-47 (all)
RPK
Ohio Ordnance Works
ROMAK 991
Bushmaster
Kalashnikov
AK-74
XM15 (all)
Hunter Rifle/Saiga
OlymQic Arms
Knights Mfg. Co.
AR-15
Colt
CAR-97
RAS (all)
Law Enforcement (6920)
SR-15 (all)
PCR (all)
Match Target (all)
SR-25 (all)
Sporter (all)
Ordnance, Inc.
Les Baer Custom, Inc.
AR-15
DalQhon
AR (all)
BFD
Pac West Arms
MARS
All Models
Pistol
14 On Target Brady Center to Prevent Gun Violence
67 of 290
A-1434
Palemtto Armory
SGA (all)
Professional Ordnance, Inc.
Carbon 15 Rifle
Carbon IS Pistol
Rock River Arms, Inc.
Car A2
Car A4 Flattop
LE Tactical Carbine
NM A2 DCM Legal
Standarcl A2
Standard A4 Flattop
Valmet
Hunter Rifle
76S
Wilson Combat
AR-15
Wum Wum
All Models
Additional Copycat AK and AR-15 Series Models*
American Arms
zcn08
Armsco
AK22
Armscorp of the Phillippines
ARIS
AK22
AK47
AK47/22
Arsenal Co. of Bulgaria
AK74
Charter Arms
AK7 series
AKC47
ARIS
FEG
AK47
AK47S
AK47SAM85
AKN Hungarian
Imez
Saiga
Jager, Armi
AK22
M/AK22
Knights Mfg. Co.
Stoner SRSO

(model unknown)
Machine Crafters, Inc.
AKS
Ohio Ordnance Works
AK47
Ratmil
WUMI
WUMZ
Rock Island Armory
AR15
Russian
AK47
Sendra Corp.
ARl5
SGW Enterprises
AR15
CARIS
LAR-AR
U.S.A. Military Surplus
ARlS
Valmet
M62
M71
M78
M8Z
Zastava
AK47
AKY39
* Model names are listed as they
appear in the ATF trace data.
Additional copycat models may
exist, but were not included if
they did not appear as crime gUlls
in the trace data.
On Target 15
68 of 290
A-1435
Appendix 3: Assault Weapons Identified in H.R. 2038 and S. 1431
Rifles:
AK
AKM
AKS
AKA7
AK-74
ARM
MAK90
Misr
NHM 90
NHM 91
SA 85
SA 93
VEPR
AR-JO
AR-15
Bushmaster XM15
Armnlite MIS
Olympic Arms PCR
AR70
Calico Uberty
Dragunov SVD Sniper Rifle
Dragunov SVU
Fabrique National FN/FAL
FN/LAR
FNC
Hi-Point Carbine
HK-91
HK-93
HK-94
HK-PSG-1
16 On Target
Kel-Tec Sub Rifle SUB series
Ml Carbine
Saiga
SAR-B
SAR-4BOO
SKS with detachable magazine
SLG 95
SLR9 95 or 96
Steyr AUG
Ruger Mini 14
Tavor
Thompson Center Arms Co.
1927 series
Thompson MI
Thompson 192 7 Commando
Uzi
Gali!
Uzi Sporter
Galil Sporter
Gali! Sniper Rifle (Galatz)
Pistols:
Calico M-IlO
MAC-tO series
MAC-II
MPA3
Olympic Arms OA
TEC-9
TEC-DC9
TEC-22
Scorpion
ABIO
Uzi
Shotguns:
Armscor 30 BG
SPAS 12
LAW 12
Striker 12
Streetsweeper
69 of 290
A-1436
ENDNOTES
, 18 U.s.c. 921(30)(A).
! ATF, Assault Weapons Profile at 20 (1994).
'Id. at 19.
4 Dep't of Treasury, Swdy on the Sporting Suitability of
Modified Semiautomatic Assault Rifles, at 38 (1998).
$ ATE Assault Weapons Profile at 19-20.
Jim Stewart & Andrew Alexander, Deadly Numbers for
Assault GUllS, The Atlanta Constitution, May 21, 1989,
at AI.
7 On March 21,1989, ATF announced a temporary suspen-
sion of the importation of five assault weapons. On March
29, 1989, ATF expanded the scope of the suspension to
cover all assault weapons "indistinguishable in design,
appearance and function to the original five" and estab-
lished a working group to decide whether to make this
import han permanent. On March 30, 1989, a gun
importer challenged ATF's authority to suspend the
importation of these weapons. The Eleventh Circuit
Court of Appeals upheld ATF's authority to issue the
import suspensions. Gun South, Inc. Brady, 877 F.2d
858 (lIth Cit. 1989). ATF then isslled its working group
report and, pursuant to 18 U.s.c. 925(d)(3), made the
import ban permanent. ATF, Report and Recommendaticm
of the ATF Working Grou/, on the lmportability of Certain
Semiautomatic Rifles (July 6,1989).
In April 1998, ATF determined that the 1989 ban on the
importation of assault rifles remained valid and expanded
the import ban to include rifles with the "ability tl> accept
a detachable large capacity military magazine" because
those weapons "cannot fairly be characterized as spurting
rifles." ATF, Dcparrmem of the Treasury Study 1m the
Sparting Suitability of Modified Semiautomatic Assault Rifles
(1998) .
Numerous other states have passed assault weapons bans
since Cal ifornia, including Connecticut, Hawaii,
Maryland, Massachusetts, New Jersey and New York.
'0 Roberti-Rons Assault WeilfX.1nS Control Act of 1989, Cal.
PeO(ll Code 12275-88.
" Hearings on S. 639 and S. 653 Before the Committe!:! un
the Judiciary, U.S. Senare, l03d Congo 1 (Aug. 3,1993)
(statement of Hon. Joseph Riden).
11 18 U.S.c. 922(v)(l) and (11')(1).
II 18 U.S.c. 922(v)(2) amI (w)(2).
" 18 U.s.c. 922(a)(30).
,; Man Wickenheiser, As Sales Soar. Bushmaster Shrugs At
Bid to Renew Gun Ba)l, Porrland Press Herald, May 14,
2003.
'" Eric M. Weiss, Uni ted in Loss, Fa milies
Independent ly; Sniper Case Leaves Sphc Legacy, The
Washington Post, October 4, 2003.
; Bushmaster Firearms 2002 product catrliog at Z.
" Congressional Research Service, Foreign Terrorists and the
of FirelmlS and Black Powder in the United
States, May 16, 200.3, at 9.
.. Bushmaster Firearms 2002 product catalog at 1-3,5,42.
20 'd. at 19,38,46,48.
2' lntratec brochure, "lntratec-Your Choice Keeps
America Working."
12 Richard Willing, Advocates of gun control protest law's loop-
holes, USA Today, April 27, 1999; Harriet Chiang, State
justices hear S.F. massacre case, Families want gunmaker
held liable, San Francisco Chronicle, May 10, 2001.
II Richard Willing, Advocates of gun control protest law's loop-
holes, USA Today, April 27, 1999.
Ii ld.; Larry Celona, Anatomy of a Nightmare: How NYPD's
Most Perilotls Job Cost 2 Cops Their Lives, New York Post,
March 12, 2003. Intratcc's corporate name was Navegar,
Inc.
,; Olympic Arms website, htrp://www.olyarms.com/
faq.html, visited February 27, 2004.
,. Ken Ramage (cd.), Gun Digest 2002 at 322.
'7 Jeffrey A. Rorh and Christopher S. Koper, Impacts of the
1994 Assault Weapons Ban: 1994-96 (U.S. Department of
Jusrtce Natiollallnstitute of Justice 1999) at l , 9 (avail-
able at Imp://www.ncjrs.org/pdffilesl/l73405.pclf) .
" ld. at 6,9.
ld.
'" ld. at 6-7.
HId.
l' ld. at 10.
H Douglas Wei) and Rebecca Knox, Estimating the ImJlact in
Baltimore of the Ma1')'iand Ban on the Sale oJ Assault Pistols
and High Capac it)' Magazines (Center to Prevent
Handgun Violence 1995) at 2, 4.
On Target 17
70 of 290
A-1437
H Sec report rele8sed on November 5, 2003, accessible at
http://fei oste i n .sena te. gov 103 Re leases/ r-assau I t
wepsrate l.htm.
I ; Unfortumltely, this year the U.S. Congress passed an
amendment [[) the Consolidated Appropriations Act of
2004, Public Law No. 108-199 (Division B, Title 1), bar-
ring ATF from continuing to release this valuable data to
the public.
10 ATF, The Youch Crime Gun Interdiction Initiative, Crime
Glin Trace Analysis Reports: The Illegal YOLLth Firearms
Market in 27 Communities, at 5 (1999).
37 During these years, ATF steadily increased the number of
guns traced as more and more law enforcement agencies
throughout the United States engaged in comprehensive
crime gun tracing. For this reason, simply counting the
absolute number of assault weapons traced to crime over
the relevant period would not accurately capture the
impact of the Federal Assault Weapons Act. Therefore,
CGS has calculated the percentage of traced guns that are
assault weapons. In this connection, however, two facts
are worth noting. First, as researchers for the National
Institute of Justice found, two cities that comprehensive-
ly traced firearms before the ban took effect-St. Louis
and Boston-showed similar post-ban declines in the per-
centage of assault weapons they traced to crime that the
researchers found in national data. NIJ Report at 6-7.
Second, since the data show there were fewer assault
weapons traced nationally in 2000 and 2001 than were
traced in 1993 or 1994, even the absolute number of
traces of dangerous weapons has declined over ti me.
\ij Including all of 1994 in the pre-ban analysis makes the
results more conservative than they otherwise might be,
as from 1990- 1993, the rate of assault weapons traces
remained above 5% each year. See Table 1.
I. Dep't of Justice, Bureau ofJustice Statistics, Guns Used in
Crime, Jul y 1995 .
0 See Hearing Before the SubLllmtnittee on Crime and
Criminal Justice of the Committee of the Judiciary on the
Public Safety and Recreational Use Protection
Act, J03d Cong 79 (April 25, 1994) (statement of Rep.
Reynolds) . In addition, an expert analysis completed by
Pmfessor James Alan Fox, noted criminologist at
Northeastern University, established that the TEC-9 was
four to five t imes mme likely to be traced to cri minal
activity than other handguns. This disproportionality was
even more pronounced for overall vi'.llent offenses and
murder. See Declaration of James Alan Fox in 101
California Street Litigation.
H In 1994, the year the Federal Assault Weapons Act was
passed, assault weapons traces as d percentage of overall
18 On Target
traces began to decline. We are not attributing this
declme to the Federal Act. By this time, however, sever-
al state assault weapons laws had heen passed, and these
could have begun to have an effect on overall assault
weapons traces. Indeed, as researchers for the National
Institute of Justice measured, after the federal law was
passed, there was a higher decline in Sf ares that had not
passed their own assault weapons laws than in states that
had. Jeffrey A. Roth and Christopher S. Koper, Impacts of
the 1994 Assault Weapons Ban: 1994-96 (Dep't of Justice
National Institute of Justice 1999), at 6-7 (available at
http;!lwww.ncjrs.org/pdffilesl/17340 5. pdf).
4' CGS calculated the number of assault weapons that
would have been traced to crime in each year from 1995
through 2001 if the 4.82% rate held and then subtracted
from this number the number of assault weapons that
were actually traced in each of those years. For the years
2002-2004, CGS applied the differential in the year 2001.
This is a fairly conservative estimate since the differential
increased in every year between 1995 and 2001.
H The California Department of Justice, pursuant to
California's assault weapons ban, has defined copycat
AK-47 and AR-15 assault weapons and published a list of
them on its website (available at http;/lcaag.state.ca.us/
firearms/awguide/). Crime Gun Solutions has considered
all of these guns in its tracing analysis of copycat assault
weapons.
4i Cal. Penal Code 12276(e).
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(
Brady Center
*-
..
*.....
4
--
To Prevent Gun Vio)l.'nce
t tl ol I.1t ..
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NYS ASSEMBLY MAY 24, 2005
make his own assault weapon.
Finally, we have also added someone who lawfully
owns an assault weapon but makes it inoperable by April 1, 2006 it is
exempt from prosecution.
MR. CROUCH: Would the sponsor yield to some
questions, please?
MR. LA YELLE: Yes, I will, Mr. Speaker.
ACTING SPEAKER LAFAYETTE: The sponsor
yields.
MR. CROUCH: Thank you, Mr. Lavelle.
It appears to me in reading the bill that you've
changed a couple of things that prior to your legislation the definition
of assault weapon would mean any semiautomatic, or pump action
rifle, or shotgun, or pistol possessing two or more of the following
characteristics and then they're listed in the previous legislation, am I
correct in that assumption that you've changed it to now that they only
have to possess one characteristic?
MR. LA YELLE: Yes, that is correct.
MR. CROUCH: Is there a reason for that, that
change, having just one characteristic?
13
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A-1440
MR. LAVELLE: Well, I would think it's more or
less to tighten it up, because, basically, when the law was passed some
weapons were mildly adjusted, et cetera, so that we really are not
removing enough, so that basically, we felt that with these three
characteristics we have listed that anyone of the three would suffice
to make it something I would like to ban.
MR. CROUCH: Are you aware that by that change
you're including a vast number of firearms presently legal, used by
legal hunters across the State in their hunting activities?
MR. LAVELLE: Well, the existing firearms are
grandfathered.
MR. CROUCH: Only if you render them inactive
and --
MR. LA VELLE: Or you register them with the
ballistics, with the State Police.
MR. CROUCH: Why would you want to include so
many firearms across the State that are presently just used as hunting
implements by legal hunters, favored by a good many hunters across
the State when they're not used in a malicious manner for assault?
MR. LAVELLE: Well, I think that they're
14
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A-1441
a larger magazine, am I correct in that understanding?
MR. LAVELLE: That's right. More than 10 rounds
of ammunition.
MR. CROUCH: So, any pistol, basically, that's got a
magazine in the handle that you could, theoretically, put out albeit an
illegal one, but the fact it could accept another magazine, you're
creating it as an assault weapon now, am I correct in that assumption?
MR. LA VELLE: That is correct. 1 would think that
the reason for that would be that you're basically enabling that gun to
fire a lot more rounds very rapidly.
MR. CROUCH: Well, would it be consistent that it's
an assault weapon once the magazine is installed for the purpose of
using a lot of ammunition at that time, the person might be in
violation if he were to install the larger magazine rather than just a
possession of a pistol that could accept the magazine, which every
pistol that's out there can accept a larger magazine. Are you aware
that you're making every pistol basically, an assault weapon, at that
point?
MR. LAVELLE: Well, you know, as 1 indicated
prior, as a matter of fact, when the Federal Assault Weapons Ban was
18
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A-1442
passed, manufacturers basically made little changes so that they could
get around the law. Now, maybe if we do this, they may make
changes so that it would be within the law, and if you're saying that
the existing weapons have the capability whether they have the extra
cartridge or not, the point is, that they have the ability, well, maybe
weapons will be manufactured in the future that will not have that
capability.
MR. CROUCH: In the first part of your legislation
you talked about guns designed to allow rapid and accurate spray
firing.
MR. LA YELLE: Yes.
MR. CROUCH: How do you, I guess, I find that
kind of like, an oxymoron, there's no way that you can rapid and
accurately hang on to a gun and spray fire. How did you come up
with that definition?
MR. LA YELLE: I would think that like the rapid
firing would be basically, with every pull of the finger would result in
a bullet going through the gun, so therefore, that's where the rapid,
accurately, is basically, 1 happen to think that the assault weapons are
designed to basically make them more accurate. So, I happen to
19
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NYS ASSEMBLY JANUARY 9, 2006
62
(The Clerk announced the results.)
The bill is passed.
The same page, Rules Report No. 6, the Clerk will
read.
THE CLERK: Bill No. 2466-A, Rules Report No. 6,
Lavelle, Koon, Lafayette, Cook. An act to amend the Penal Law and
the General Business Law, in relation to banning the possession, sale
or manufacture of assault weapons and to repeal Subdivision 22 of
Section 265 .00 of the Penal Law relating thereto.
ACTING SPEAKER LAFAYETTE: An explanation
is requested. Please, there is too much noise the Chamber. You asked
for an explanation. Mr. Lavelle will be happy to give it to you, but
please listen to the explanation.
MR. LAVELLE: This bill, basically, repeals the
existing definition of an assault weapon in New York and adds a new
definition of the assault weapon to the Penal Law. It adds exemption
to prosecution for such crimes including possession of an assault
weapon, legally possessed prior to J anuary 1st, 2007, if it has been
added to the automated electronic database established by Section 396
(ff) of the General Business Law.
Additionally, we have also added three new
subdivisions that define the three assault weapon enhancement
features, detachable magazine, muzzle break and muzzle
compensator. We now have included sale or possession of part kits
which were not included under present law, so that a person cannot
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63
make his own assault weapon.
Additionally, we have added that the Superintendent
of the State Police designate specific weapons identified by make,
model and manufacturer's name to be within the definition of an
assault weapon, if the Superintendent determines that such weapons
are particularly suitable for military and not sporting purposes. A list
of assault weapons as determined by the Superintendent of State
Police shall be made available on a regular basis to the general public.
Finally, we have also added someone who lawfully
owns an assault weapon but makes it inoperable by April 1st, 2007, is
exempt from prosecution.
ACTING SPEAKER LAFAYETTE: Mr. Manning.
MR. MANNING: Thank you very much, Mr.
Speaker. Will the sponsor yield for a couple of questions?
MR. LAVELLE: Yes, I will.
ACTING SPEAKER LAFAYETTE: The gentleman
yields.
MR. MANNING: Happy New Year, Mr. Lavelle.
MR. LAVELLE: Happy New Year, Pat.
MR. MANNING: Seeing that we have changed the
definition of what an assault weapon is within this bill, maybe you can
explain to me why this change is -- why you are defining assault
weapon as such. The New York State Legislature, and I quote from
your bill, finds that a semi-automatic assault weapons are
military-style guns, designed to allow rapid and accurate spray firing
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for the quick and efficient killing of humans. The shooter can simply
point, as opposed to carefully aim, the weapon to quickly spray a wide
area with a hail of bullets. Why are we defining it as such?
MR. LAVELLE: Well, basically, we feel that it has
to be defined that way because the manufacturers, you know, when we
make a definition in law, we have found that the gun manufacturers
find loopholes to modify weapons and, in such a way, to get around
the exact definition that we gave.
So, we do believe that these weapons that we are
defining, that we have identified, are basically weapons that are --
intended to kill humans.
MR. MANNING: Well, I would agree that any
firearm has the ability to kill a human, a mammal; however, under the
definition that you are giving, and we will get to -- and I see what you
are saying about the -- about gun manufacturers needing -- needing to
define it as such because gun manufacturers are finding ways around
the bill which reminds me of the time that I had a debate with one of
your predecessors who had this bill, and we said, "This is exactly what
would happen," that they would just go around the bill because you
cannot legislate these kind of firearms, they will just change them or
make adjustments to them. We are now defining this as, again, a
military-style gun designed to allow rapid and accurate spray firing for
the quick and efficient killing of humans quickly and allowing for the
quick spray of a wide area with a hail of bullets. Do you find this
would be an accurate definition of the firearms that you're looking to
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ban in New York State?
MR. LAVELLE: I believe that it is, yes.
MR. MANNING: Well, I have to severely disagree.
Anyone who knows and understands any of these firearms and the use
of these firearms and how they are used and how they work would
understand that these are all semi-automatic firearms. They do not
shoot in sprays, they shoot in single shots, as long as there is the finger
on the trigger and there is ammunition in the, you know, in the gun
itself, it shoots bang, bang, bang, bang.
The definition that you are using here is quite flawed.
It talks about quickly spraying. That would be an automatic firearm.
That would be an assault weapon as defined by the Federal
government and New York State, which is already dealt within law.
Do you think that the wide spray of bullets should be banned in New
York State.
MR. LAVELLE: Well, first of all, your definition of,
you know, the trigger has to be pulled once for each bullet and the
bang, bang, bang, I don't think, is truly accurate of what can be done
with such a weapon. It can go bang, bang, bang, bang, bang, bang,
bang, bang, as quickly as I can move my finger.
MR. MANNING: Or like that?
MR. LAVELLE: Yes.
MR. MANNING: Well, you know, are you basing
that on any knowledge or what the woman is trying to point out to you
up there? I mean, is there -- because my definition, you know, we can
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-- minus my -- the hesitation between bangs, my definition of assault
weapon is New York State's definition of assault weapon. You're now
making -- you're now defining assault weapon and the way an assault
weapon works to a host of semi-automatic firearms, which do not
work in that fashion. I am not -- really, I am not parsing words, you
are now saying it has a rapid and a rapid and accurate spray, which
you really can't have a rapid accurate spray of bullets, that is just bad
writing, but a rapid and accurate spraying of bullets in a wide area,
which is -- which a semi-automatic firearm does not do.
MR. LAVELLE: Well, current law does define
semi-automatic weapons as an assault weapon, current State law.
MR. MANNING: No, no, no, it does not. The
automatic firearm or, in essence, a machine gun, which has been
banned in New York State and also been under Federal regulation
since 1934 is those military-style that you see in the movie that sprays
everyone, which are, as you can see, they are used by gang, you know,
gang bangers and drug dealers, they are already illegal but they are
used. That is already illegal. These are firearms that have hesitation
as they are being used, not this spray trying to shoot everybody in
sight or everything in sight. That is already banned in New York
State.
And, as you said, when we started this, we are trying
to define them in a new way in order to get around the gun
manufacturers and their changes. I don't know if we will ever be able
to do that, Mr. Lavelle. If we will ever be able to incorporate them all,
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but that is probably why, I will assume, that we are going to one
characteristic versus the two characteristics because, again, changes
are made and firearms are easily taken out of the definition of assault
weapons under our definition. We are now just saying that we are
going to find that these weapons do this thing in spraying bullets,
therefore, even though they don't, therefore, they are assault weapons
and they are going to be banned, and you name these firearms that do
not spray bullets, that do not act in that fashion. It is just an inaccurate
term. It is very poor writing. I know you didn't write it. I am not
saying that you are not passionate about trying to get these, you know,
so-called "assault weapons" off the street. But, what we are looking to
pass right now would not even hold muster in a court of law. It is --
they are defined wrong. It is a very bad writing of a bill.
Do you think that we could find another way to
define what semi-automatic, what you are calling, assault weapons ,
do you think we could find another way to define them, other than in a
way that they do not work - that they do not function, I should say?
MR. LAVELLE: No, I mean, could we -- possibly
we could, but I do not necessarily agree with you. I happen to think
that the definition does describe what we are addressing. It does.
MR. MANNING: Okay. We will agree to disagree.
Why are we moving to change from, and I said, I assume, but let me
get you on the record, why are we changing that -- the definition of, at
least, two specifically-prescribed characteristics down to a list of only
one of these specifically-prescribed characteristics to be considered an
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assault weapon in New York State under this bill?
MR. LAVELLE: And you are correct, we are doing
it because of, you know, the loopholes that were found. We find that
we need to tighten it and, therefore, any one of these characteristics
that would be added to the weapon would change the definition to an
assault weapon.
MR. MANNING: However, once we do that and
bring it down to, and I think there were some colleagues here who
decided during that vote for legislation that I felt was flawed and
several others did, but those who did vote for the original assault
weapon ban felt that, at least, two characteristics defined the firearm
in such a way that it could be considered, and would not go into the
realm of including hunting rifles and shotguns and, actually, Olympic-
style pistols and guns like that. Once now that we have moved to one
characteristic to be called an assault weapon, we are adding a whole
new group of firearms in there, including these -- a whole list of guns,
handguns, excuse me, in that, as well. Is there any concern that you
have had that legally-owned and used hunting rifles and shotguns
would now be redefined as assault weapons?
MR. LAVELLE: I would think that there would be
that possibility, but legally-owned, such legally-owned weapons, can
be grandfathered.
MR. MANNING: Well, I mean, they could if it was
in your bill and if you think that, I think you have to be pretty darn
sure if you are going to take away the rights of New Yorkers of
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whether or not they can own a legally-fired rifle, pistol or shotgun. If
you want to grandfather that, I think you should put grandfathering in
it or we should not just think. We should be sure about those items.
MR. LAVELLE: We do have that in there.
MR. MANNING: Well, I daresay that those firearms
would have to be rendered useless, turned into the police --
MR. LAVELLE: Or registered with the --
MR. MANNING: -- or destroyed in some fashion.
MR. LAVELLE: No, or registered with the State
Police ballistic database; that is the only requirement, and I don't think
that is too onerous.
MR. MANNING: The issue of those two police
officers who were brought up, the undercover officers --
MR. LAVELLE: Yes.
MR. MANNING: As it says, "Was brutally murdered
while attempting to purchase an illegal Tech-9, semi-auto, what were
they killed with?
MR. LAVELLE: I do not know what the weapon
was they were killed with, but it was not assault weapon. They were
not killed with an assault weapon. But what their job was, what they
were doing that night, was arranging the purchase of assault weapons.
MR. MANNING: Right, absolutely, and they died
heroes and what they were doing is trying to get illegal guns off the
street.
MR. LAVELLE: That's right.
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MR. MANNING: Sadly, it is used, as other cases in
here were used, and I won't take more of my colleagues' time on a
case-by-case basis on the cases that you're using here to try to justify
why we should be taking law-abiding gun owners' firearms from them,
but in that case, just for the record, so you should know, as the author
of the bill, it was a .44 caliber handgun. So, they were shot dead, both
police officers, by .44 that was illegally obtained which is not affected
by this bill at all.
MR. LAVELLE: That is true.
MR. MANNING: They can still use a .44. Okay. I
thank the sponsor.
Mr. Speaker on the bill.
ACTING SPEAKER LAFAYETTE: Mr. Manning
on the bill.
MR. MANNING: Thank you very much.
I think we heard it from my colleague, the concern
that many of us have and, as my leader said, that we will never oppose
good legislation and we will never oppose good ideas or criticize the
compassion and passion of others who feel strongly about this issue,
but we will vigorously oppose bad legislation. The idea that the
sponsor understands that, as I said, legal hunting rifles and shotguns
and legal handguns might be declared assault weapons under this bill
and deemed illegal, that that would be, in essence, what would
happen, he believes, he thought, and, therefore, we could deal with, I
believe, it was his quote, with grandfathering, is not an area I want to
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go in.
I think, again, the comments that we made on the
floor of this Legislature a few years ago stand. You are not going to
deal with this scourge of guns used in an illegal fashion by just
banning names and banning characteristics because gun manufacturers
will just make changes, they will adjust in any way they need to
adjust, in order to be able to sell these firearms in a different but legal
way. To add in long-standing hunting rifles and shotguns is not the
way to go about business. It is about to put away the scourge of illegal
handguns and rifles and shotguns and assault weapons and, however
you want to define them. Again, assault weapons really is an auto,
and it is not a semi-auto but put those who use those in a criminal
activity behind bars for good. I know it makes a great press release in
an election year; it does not make good law.
In this bill, this will be the first time that it will
include handguns such as the Olympic-style pistol that is used in the
Olympics, but a "Saturday night special" is okay and still, is still
outside this bill. The 16-time national champion in Olympic shooting,
Rob Letham, his guns would be banned, but junk guns that are used
on the streets of our major cities are still okay under this. Again, the
.44 caliber that was used to kill the police officers is not even included
in this. I would say that was a true assault weapon.
I will finish up.
My biggest fear with this, the dealer bill that we are
about to see and other bills like that, the Gander Mountains, the Bass
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Pros in our areas in the State, that means a lot of revenue and a lot of
job creation. We can kiss them goodbye if we continue to do this
because we will, effectively, kill legal sport hunting in this State for
good if bills like this continue to be put up.
Thank you very much. I will be voting in the
negative.
ACTING SPEAKER LAFAYETTE: Read the last
section.
THE CLERK: This act shall take effect on the first
day of J anuary, 2007, next succeeding the date on which it shall have
become a law.
ACTING SPEAKER LAFAYETTE: Record the
vote.
(The Clerk recorded the vote.)
Announce the results.
(The Clerk announced the results.)
The bill is passed.
Page 4, Rules Report No. 7, the Clerk will read.
THE CLERK: Bill No. 2837, Rules Report No. 7,
Koon, Tokasz, J ohn, Destito, Ramos, Dinowitz, Hooper, Eddington,
Zebrowski. An act to amend the Penal Law, in relation to the
possession of armor-piercing, frangible or devastator ammunition.
ACTING SPEAKER LAFAYETTE: An explanation
has been requested, Mr. Koon.
MR. KOON: Thank you, Mr. Speaker.
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a
Estimate taken from Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) production
figures, analysis of gun industry trade publications and general readership gun magazines, and annual attendance
at the S.H.O.T. (Shooting, Hunting, and Outdoor Trade) Show, the annual trade show for the gun industry.
b
Because of the transient nature of the gun industry and the lack of reliable, comprehensive
information on firearms manufacturing in the United States, it is impossible to offer an exact number of
manufacturers currently producing copycat assault weapons as well as the actual number of such guns
manufactured. For this study, the Violence Policy Center collected information from manufacturers attending the
2004 S.H.O.T. Show, reviewed advertisements by gunmakers in industry trade publications and consumer gun
publications, and surveyed the Internet for manufacturer web sites.
c
The VPC estimate is taken from ATF production data, 1995 to 2001, and relies primarily on
gunmakers who are known to manufacture only, or primarily, assault weapons. This is an extremely conservative
estimate and does not take into account the large numbers of assault weapons imported into the U.S. since 1994.
Production data from ATF is extremely limited. Long guns are reported only as rifles or shotguns. In addition, in
2004 the U.S. Congress banned for at least one year the future release of firearms production data to the general
public.
i
Introduction
On September 13, 2004, the federal ban on assault weapons is scheduled to
end. As this date approaches, increasing attention has focused on the gun industrys
almost complete success in evading the ban. Based on the research conducted for
this report, the Violence Policy Center (VPC) estimates that there are more assault
weapon manufacturers and assault weapons available for sale in America than ever
before.
Contained in this study are more than 40 companies that are currently
marketing new assault weapons for sale legally in the United States. Many of these
companies either did not exist, or did not manufacture assault weapons, prior to the
1994 ban.
a

Semiautomatic assault weapons manufactured by these gunmakers include:
copycat AK-47s, AR-15s, UZIs, Galils, MP5s, and FN/FALs; semiautomatic versions
of classic weapons such as the Tommy Gun and Sten; and, various hybrids.
b
New
AK-47s equipped with high-capacity ammunition magazines that can hold 20, 30, 40,
or more rounds are common and can be purchased for less than $300.
At the same time, new assault weapon models that did not exist when the
1994 law was passed, such as the $199 Hi-Point Carbine used in the 1999 Columbine
massacre, have been introduced and are selling briskly.
The VPC estimates that more than one million new assault weapons have been
manufactured for sale in the United States since passage of the 1994 law.
c

If the 1994 ban is simply renewed, and not strengthened, every single one of
the assault weapons pictured in this study will remain on the market, legal for sale to
the American public. Simple renewal of the ban will do absolutely nothing to address
the threat posed by these weapons.
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ii
This study contains four sections.
Section One: A Flawed Law details how virtually from the inception of the
1994 law Americas firearms industry has easily evaded the bans intent and
bragged of its success in manufacturing copycat or sporterized assault
weapons. The section also briefly details the findings of a 2003 Violence Policy
Center analysis of Federal Bureau of Investigation data which found that from
1998 through 2001, one out of five law enforcement officers slain in the line
of duty were killed with an assault weapon, including copycat versions of
banned weapons and assault weapons not covered by the original law.
Section Two: Legislation That Would Effectively Ban All Assault Weapons
offers a brief summary of federal legislationthe Assault Weapons Ban and
Law Enforcement Protection Act of 2003"that has been introduced in the
U.S. Senate and House that would strengthen current law and address the
industrys subversion of the 1994 ban. The legislation is based on Californias
1999 state assault weapons ban, which, unlike federal law, addresses the
copycat issue.
Section Three: Assault Weapon Manufacturers contains brief profiles of 42
gunmakers that currently market post-ban, copycat assault weapons as well
as new assault weapon types. Each profile contains available company contact
information (address, telephone, fax, and web address) as well as examples of
the assault weapons sold by the gunmaker.
Section Four: A Listing of Assault Weapon Manufacturers by State is a chart
listing the state and city of each of the 42 current assault weapon
manufacturers.
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60 Minutes, CBS News Transcripts, Sunday, February 5, 1995. Does this violate the spirit and
intent of the law? Absolutely. Should they be doing this? No. And I think it does say that there are craven
interests out there who simply want to use this legislation to profiteer wherever they possibly can. And I can
assure you if I can figure a way to stop it, Ill try to do that.
2
The law states, The term `semiautomatic assault weapon means(A) any of the firearms, or
copies or duplicates of the firearms in any caliber, known as(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70); (iv)
Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR, and FNC; (vi) SWD10, M-11/9, and M-12; (vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (ix) revolving cylinder shotguns, such as (or similar to) the Street
Sweeper and Striker 12....
Section One: A Flawed Law
The 1994 law banned specific
assault weapons by namee.g. UZI,
Avtomat Kalashnikov (AK-47), AR-15
as well as their copies or duplicates.
The law also classifies as assault
weapons semiautomatic firearms that
can accept a detachable ammunition
magazine and have two additional
assault weapon design characteristics.
But immediately after the 1994 law was
enacted, the gun industry evaded it by
making slight, cosmetic design changes
to banned weaponsincluding those
banned by name in the lawand
continued to manufacture and sell these
post-ban or copycat guns.
Changes that allow an assault weapon to stay on the market can be as minor
as removing a flash suppressor at the end of a guns barrel. The gun industry dubbed
this process sporterization. Gunmakers quick and successful evasion of the law
was no secret. In February 1995, just five months after the bans enactment, lead
sponsor Senator Dianne Feinstein (D-CA), in a 60 Minutes interview, charged that the
industry was violating both the spirit and intent of the law and promised, I can
assure you if I can figure a way to stop it, Ill try to do that.
1
In the nearly 10 years following that interview, the situation has gone from bad
to worse. Today, of the nine assault weapon brand/types banned by name and
manufacturer in the law,
2
six of the brand/types are still marketed in post-ban,
...the Kalashnikov [AK-
47], in various forms
and guises, has
flourished. Today there
are probably more
models, accessories and
parts to choose from
than ever before.
Gun World, August 2001
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3
First horizontal row of chart.
4
Second and third horizontal rows of chart.
2
Pre-Ban Colt AR-15 Sporter
Post-Ban Colt AR-15 Match Target
Copycat
Bushmaster XM 15 AR Copycat
Pre-Ban Imported AK-47
Post-Ban VEPR II Copycat AK-47
MAK-90 AK-47 Copycat
(modified to evade import ban)
Guns Banned by the 1994 Law
3
and Their Legal Counterparts
4
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5
Assault weapons that have not been reintroduced are the Beretta AR70, Street Sweeper and
Striker 12 assault shotguns (the latter two guns were re-classified by ATF as subject to the strict regulations of
the National Firearms Act of 1934), and Steyr AUG.
3
copycat configurations.
5
In fact, gunmakers openly boast of their ability to
circumvent the ban. Their success is described in an August 2001 Gun World
magazine article about the Vepr II assault rifle, a sporterized version of the AK-47:
In spite of assault rifle bans, bans on high capacity magazines, the rantings of
the anti-gun media and the rifles innate political incorrectness, the Kalashnikov
[AK-47], in various forms and guises, has flourished. Today there are probably
more models, accessories and parts to choose from than ever before.
Equally blunt was an article in the May 2003 issue of Gun World reviewing a
post-ban, AR-15 copycat, the LE Tactical Carbine:
Strange as it seems, despite the hit U.S. citizens took with the passage of the
onerous crime bill of 1994 [which contained the federal assault weapons ban],
ARs are far from dead. Stunned momentarily, they sprang back with a
vengeance and seem better than ever. Purveyors abound producing post-ban
ARs for civilians and pre-ban models for government and law enforcement
agencies, and new companies are joining the fray.
Just such a post-ban AR-type assault rifle, the Bushmaster XM15 M4 A3, was
used by the Washington, DC-area snipers to kill 10 and injure three in October 2002.
The snipers Bushmaster is even marketed as a Post-Ban Carbine.
In addition to the threat assault weapons pose to the general public, they
continue to pose a unique threat to law enforcement. The May 2003 Violence Policy
Center study Officer DownAssault Weapons and the War on Law Enforcement
(http://www.vpc.org/studies/officecont.htm) revealed that, according to Federal
Bureau of Investigation data, one in five law enforcement officers (41 of 211) slain in
the line of duty from January 1998 through December 2001 were slain with an assault
weapon, many of which were post-ban models that will remain untouched by a
renewal of current law.
A-1459
93 of 290
4
A-1460
94 of 290
5
Section Two: Legislation That Would Effectively
Ban All Assault Weapons
Legislation to address the industrys subversion of the 1994 ban has been
introduced in the 108
th
Congress by Representatives Carolyn McCarthy (D-NY) and
John Conyers (D-MI) in the U.S. House of Representatives (H.R. 2038) and Senator
Frank Lautenberg (D-NJ) in the U.S. Senate (S. 1431). The legislation is based on
Californias 1999 state assault weapons ban, which, unlike federal law, addresses the
copycat issue. The Assault Weapons Ban and Law Enforcement Protection Act of
2003" would:
! Expand the list of named, banned assault weapons. The limited list of banned
assault weapons contained in the original law is expanded to address new,
post-ban weapons marketed by the industry as well as assault weapons not
covered by the 1994 law.
! Improve the definition of assault weapon to cover all assault weapons. The
definition is refined to include firearms that accept a detachable ammunition
magazine and incorporate one other assault weapon characteristic such as a
pistol grip or folding stock. Current law requires the presence of two such
characteristics before a gun is labeled an assault weapon. The narrowness
of this definition has resulted in a proliferation of post-ban assault weapons,
including legal versions of gunssuch as the MAC-10 and AR-15banned by
name in the 1994 law.
! Revise the list of assault weapon characteristics to delete some extraneous
characteristics and better define others. Some assault weapon characteristics
used to define such weapons in current law actually have no bearing on
whether the firearm functions as an assault weapon. For example, the ability
to attach a bayonet to the barrel of a gun has no bearing on whether the firearm
functions as an assault weapon. In addition, the term pistol grip is clarified
to include so-called thumbhole stocks or other design features that perform
the same function.
! Clarify the term firearm as used in the assault weapons ban to include the
frame or receiver of a prohibited gun. The receiver of any firearm is its major
working part. Receivers and frames are defined by the Gun Control Act of
1968 as firearms. The Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF), however, has adopted a different interpretation of this basic federal gun
law in the case of assault weapons, determining that the term firearm as
applied to assault weapons does not include receivers or frames. This
interpretation allows gun dealers and wholesalers to sell new receivers of
otherwise banned guns. Furthermore, all of the other parts necessary to make
an assault weapon are readily available, often sold as parts kits.
A-1461
95 of 290
6
Compounding this problem is the fact that it is legal for an individual to
manufacture a firearm for personal use.
! Prohibit manufacturers from using pre-ban, high-capacity ammunition magazines
in post-ban assault weapons. Under the 1994 law, no new firearm may be
manufactured or sold in the United States with an ammunition magazine that
has a capacity greater than 10 rounds. Assault weapon manufacturers are
circumventing the law by equipping new guns with grandfathered high-
capacity magazines of 10 rounds or more.
! Ban the Importation of high-capacity ammunition magazines. Currently, ATF
regulations allow for the importation of foreign-made, high-capacity magazines
manufactured prior to the 1994 ban. This not only ensures that there will
always be a supply of high-capacity magazines available for sale in the United
States, but also dramatically increases the possibility that the manufacture date
of new high-capacity magazines can be falsified.
As seen by the product lines of these manufacturers, the firearms industry has
successfully evaded the 1994 ban. Therefore, simple renewal of the existing ban will
do nothing to address the severe danger that assault weapons pose to public safety.
Reauthorization of the ban must include substantial improvements to prevent the gun
industry from continuing to flood Americas streets with these deadly weapons.
A-1462
96 of 290
7
Section Three: Assault Weapon Manufacturers
This section contains brief profiles of gunmakers that currently market post-ban,
copycat assault weapons as well as new assault weapon types. Each profile
contains available company contact information (address, telephone, fax, and web
address) as well as examples of the assault weapons sold by the gunmaker.
A-1463
97 of 290
8
A-1464
98 of 290
9
Alexander Arms, LLC
www.alexanderarms.com
US Army, Radford Arsenal
P.O. Box 1
Radford, VA 24143
540-639-8356 phone
540-639-8353 fax
50 Beowulf Entry
21 Genghis Entry
A-1465
Alexander Arms
--LLC--
99 of 290
10
American Spirit Arms, Corp.
www.gunkits.com
15001 N. Hayden Road
Suite 112
Scottsdale, AZ 85260
888-486-5487 phone
480-483-5301 fax
ASA C.A.R. 16" Rifle .223 cal
ASA 16" M4 Rifle .223 cal
A-1466
100 of 290
11
Arizona Expert Arms
www.azexarms.com
AZEX
723 W. Commerce
Unit Bay 2
Gilbert, AZ 85233
480-507-0200 phone

FAL

AK-47
A-1467
t:\ Arizona Expert AiMS
50.00 with 18" barrel
101 of 290
12
ArmaLite, Inc.
www.armalite.com
745 South Hanford Street
Geneseo, IL 61254
309-944-6939 phone
309-944-6949 fax
AR 10-A4 Carbine

M15A2 Carbine
A-1468
102 of 290
13
Armscor Precision Inc.
www.armscor.com.ph
5329 South Cameron
Suite 110
Las Vegas, NV 89119
702-362-7750 phone
702-362-5019 fax
MAK22 MAK22FS
M1600 M1600R
A-1469
103 of 290
14
Arsenal Inc.
www.arsenalinc.com
5015 W. Sahara Avenue
#125
Las Vegas, NV 89146
888-539-2220 phone
702-643-2088 fax
A-1470
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104 of 290
15
B & K Custom Firearms
www.bandkcustomfirearms.com
P.O. Box 17445
Jacksonville, FL 32245
904-727-9580 phone
A-1471
The 'Ultimate' .308 Tactical Law Enforcement
& International Match Rifles
T'lle,<;e FirPftnns Are S{lp.r:inl Order, (;U!;Ulm Mnrle, Hrmrt-F'itreri,
& Marched For Accuracy3-6 Mout1! Del. 50% Deposir Required
I', a : r>I Carbine Mod. BK-7
$s,J.S8;tW
Carbine Mod. BK-8
$5,1$9.00

.. ' . M
Carbine Mod. BK-7
Features:
ScllILe J.x.two:s A.s Cwbtlle
Mod. BK 6 Except:
J) Pioonrinny Flat-Top
2) Rear Ad,i. Flip-up Peep Site
3) Fronf Adj. filip-Up
Cross Hair Site
1) Q.D. Carry Handle \.{..I'RcarAdj.
PHp .'iltP. I'k SP.fl-"II1rnrJoh
ScupeMJ.
Carbine Mod. BK-8
Features:
Sat" '" Fmtr.!,-n A .. Co,b", ..
Mod.BK 7 xc.:pl.
,<;) SA.,4P.1f11, ."IM1<- WI ArlJ- F?"rr" Pnri
6
105 of 290
16
Barrett Firearms Manufacturing, Inc.
www.barrettrifles.com
P.O. Box 1077
Murfreesboro, TN 37133
615-896-2938 phone
615-896-7313 fax

Barrett M468
A-1472
106 of 290
17
Beretta U.S.A. Corp.
www.berettausa.com
17601 Beretta Drive
Accokeek, MD 20607
301-283-2191 phone
A-1473
@lBERETTA
PRODUCT SPOTLIGHT
Cx4 Storm Carbi ne
n.,."c's 3 Storm ~ the horizon.
See Our Intemation.Ji U ... 510nn Site
107 of 290
18
Bobcat Weapons Inc.
www.bobcatweapons.com
P.O. Box 21017
Mesa, AZ 85277-1017
480-832-0844 phone
206-350-5274 fax
BW-5 9mm Standard Sporting Rifle
A-1474
108 of 290
19
Bushmaster Firearms, Inc.
www.bushmaster.com
P.O. Box 1479
Windham, ME 04062
800-998-7928 phone
207-892-8068 fax
Carbon 15 Type 21 Pistol
XM15 E2S M4 Type Post-Ban Carbine
XM15 E2S Dissipator Carbine
A-1475
.

BUSHMlfsnER
,
109 of 290
20
Cavalry Arms Corp.
www.cavalryarms.com
929 E. Juanita Avenue
Suite 101
Mesa, AZ 85204
480-833-9685 phone
CAV-15 Rifleman

CAV-15 Trooper
Cav
A-1476
CAVALRY ARMS
110 of 290
21
Century International Arms Inc.
www.centuryarms.com
1161 Holland Drive
Boca Raton, FL 33487
561-998-1997 phone
561-998-1993 fax
A-1477
CENTURY
INTERNA'nONAL
ARMS
111 of 290
22
Colts Manufacturing Company LLC
www.colt.com
P.O. Box 1868
Hartford, CT 06144-1868
860-236-6311 phone
860-244-1442 fax

Match Target M4
A-1478
112 of 290
23
DoubleStar Corp.
www.star15.com
Box 430
Winchester, KY 40391
859-745-1757 phone
859-745-4638 fax
DSC STAR-15 Rifle

DSC STARCAR Carbine
A-1479
113 of 290
24
DPMS (Defense Procurement
Manufacturing Services, Inc.)
www.pantherarms.com
3312 12th Street SE
St. Cloud, MN 56304
320-258-4448 phone
320-258-4449 fax
Panther 16 AP4 Post Ban w/Miculek Comp (RFA2-AP4PMC)
Panther AP4 Training Rifle .22LR Post Ban (RFA2-AP422P)
A-1480
'n",,, 1-800- 518-);67
114 of 290
25
DS Arms, Inc.
www.dsarms.com
P.O. Box 370
Barrington, IL 60011
847-277-7258 phone
847-277-7259 fax

SA58 Tactical Rifle
A-1481
115 of 290
26
Eagle Arms
www.eagle-arms.com
P.O. Box 146
Geneseo, IL 61254
309-944-6977 phone
309-944-6978 fax
A-1482
116 of 290
27
Entrprise Arms
www.entreprise.com
15861 Business Center Drive
Irwindale, CA 91706-2062
626-962-8712 phone
626-962-4692 fax

Imbel Rifle

STG 58C Carbine
A-1483
Entreprise Arms
117 of 290
28
Feather USA
www.featherusa.com
P.O. Box 247
Eaton, CO 80615
800-519-0485 phone
Rav-22LR
Rav-45ACP
A-1484
118 of 290
29
Fulton Armory
www.fulton-armory.com
8725 Bollman Place, #1
Savage, MD 20763
301-490-9485 phone
301-490-9547 fax
Liberator FAR-15 Rifle (aka "Guardian II")
A-1485
,.
Ml Garand, Ml Carbine & M14 & M1A
119 of 290
30
Heckler & Koch
www.hk-usa.com
21480 Pacific Blvd.
Sterling, VA 20166-8903
703-450-1900 phone
703-450-8160 fax
A-1486
USC Carbine
120 of 290
31
Hi-Point Firearms
www.mkssupply.com
8611-A North Dixie Drive
Dayton, OH 45414
877-425-4867 phone
937-454-0503 fax

9mm Carbine

40 S&W Carbine
A-1487
121 of 290
32
Kahr Arms/Auto-Ordnance
www.tommygun.com
P.O. Box 220
Blauvelt, NY 10913
845-735-4500 phone
845-735-4610 fax
Thompson 1927A-1/1927A-1C
Thompson M1

Thompson 1927A-1 Commando
A-1488
122 of 290
33
Knights Manufacturing Company
www.knightarmco.com
7750 9
th
Street S.W.
Vero Beach, FL 32968
772-778-4643 phone
SR-15 M-4 Carbine
SR-15 M-5 Rifle
A-1489
,-I _---II
123 of 290
34
L&G Weaponry
www.faxworldcom.com/lgweap
Huntington Beach, CA
714-840-3772 phone
714-625-4631 fax
L&G AR-15 A2 16" Heavy Barrel Rifle

L&G AR-15 A2 20" Heavy Barrel Rifle
A-1490
124 of 290
35
L.A.R. Manufacturing, Inc.
www.largrizzly.com
4133 West Farm Road
West Jordan, UT 84088
801-280-3505 phone
801-280-1972 fax
Grizzly 15
A-1491
I I
125 of 290
36
Les Baer Custom, Inc.
www.lesbaer.com
29601 34th Avenue
Hillsdale, IL 61257
309-658-2716 phone
309-658-2610 fax
Les Baer Custom Thunder Ranch Rifle
A-1492
LES BAER AR.223 RIFLES
126 of 290
37
Ohio Ordnance Works
www.ohioordnanceworks.com
310 Park Drive
P.O. Box 687
Chardon, OH 44024
440-285-3481 phone
440-286-8571 fax
VZ 2000
A-1493
127 of 290
4
PCR stands for politically correct rifle.
38
Olympic Arms, Inc.
www.olyarms.com
624 Old Pacific Highway SE
Olympia, WA 98513
360-459-7940 phone
360-491-3447 fax
PCR-7 Eliminator
4
0A-98 Pistol
CAR-97M4
A-1494
128 of 290
39
Rapid Fire
www.ohiorapidfire.com
537 North Elm Street
Troy, OH 45373
937-332-0833 phone
A2
RF 33 AK
FN/FAL Carbine
A-1495
129 of 290
5
Weapon manufactured by Red Jacket Firearms for sale by JoeKen Firearms. Photo
taken from JoeKen Firearms (www.joeken.net).
40
Red Jacket Firearms
5
www.ronbr.com/redjacketfirearms.html
9378 S. Choctow Drive
Baton Rouge, LA 70819
225-214-3707 phone

AMD65 7.62X39

A-1496
130 of 290
41
Robinson Armament Company
www.robarm.com
P.O. Box 16776
Salt Lake City, UT 84116
801-355-0401 phone
801-355-0402 fax
VEPR KTR-03
M96 Expeditionary Rifle
A-1497
131 of 290
42
Rock River Arms, Inc.
www.rockriverarms.com
1042 Cleveland Road
Colona, IL 61241
309-792-5780 phone
309-792-5781 fax
A-1498
CARA2'S
. .. . ..... 7Pounds
16- {.hromc MOiy. I:Y T\\,lst
. . ... Mkl L""i/,Ih \.I, CAR
CALIBER.
WEIGHT.
TRIGGER.
I:lAHHU.
HANOGLIARDS .
BlJlTSTOCK.
O<>TIO\lS
. .... . .... A2 or Tactical A4 Butt5:ock
. . . Black Muzzle Brake
CAR A2 - CAR HANDGUARDS
W ith A2.
Willi A4 Nowu.>lldV,;l>1t: Bld<.k only.
CAR A2M - MID LElI.' C;TH H4NDr;U4RD5
$700 R .. I"l1 $Y25
$725 Ret.,l1 $950
Wi t h A2 BuUstock. . .. . $700 - Reloll $925
With A4 Non-collapsible Bull!>l.o ck, o nly . . ... . $725 Retail 5950
PIlone: 3091792/5780
Fax: 3091792/5781
,INC.
132 of 290
43
RPB Industries
www.rpbusa.com
P.O. Box 367
Avondale Estates, GA 30002
800-858-0809 phone
MPA20 SSA
A-1499
RPB
Indus t ries
133 of 290
44
Tactical Weapons Training
Academy
www.tactical-weapons.com
4613 E. Ivy Street
Suite 102
Mesa, AZ 85205
480-830-5652 phone
928-396-1538 fax
SP10 9mm Sporting Rifle
SW 760 Sporting Rifle
A-1500
134 of 290
45
Tactical Weapons Training Academy

SW AR47 CAR 7.62*39 Sporting Rifle
SW 32 Sporting Rifle
A-1501
135 of 290
46
Tromix Corp.
www.tromix.com
405 N. Walnut Avenue, #8
Broken Arrow, OK 74012
918-251-5640 phone
223 Tack-Hammer: FDR
.204 Ruger Tack-Hammer
A-1502
136 of 290
47
Valkyrie Arms, Ltd.
www.valkyriearms.com
120 State Avenue NE, #381
Olympia, WA 98501
360-482-4036 phone
Browning 1919 A4 .30 caliber

US M3-A1 Grease Gun

Sten Gun
A-1503
Olympia, Washington
137 of 290
48
Vector Arms, Inc.
www.vectorarms.com
270 West 500 North
North Salt Lake, UT 84054
801-295-1917 phone
801-295-9316 fax

Full-Size Post-Ban UZI

Mini Post-Ban UZI

RPD Semi-Auto
A-1504
138 of 290
49
Vector Arms, Inc.
V-53

AK-47

AK-47
A-1505
139 of 290
50
Vulcan Armament, Inc.
www.vulcanarmament.com
P.O. Box 2473
Inver Grove Heights, MN 55076-8473

V15-100 Rifle
A-1506
140 of 290
51
Vulcan Armament, Inc.
V94-100

V73-100 Rifle
A-1507
141 of 290
52
Wilson Combat & Scattergun Technologies
www.wilsoncombat.com
2234 CR 719
Berryville, AR 72616
870-545-3635 phone
870-545-3310 fax
UT-15 Urban Tactical Rifle
M-4T Tactical Carbine
A-1508
142 of 290
53
Z-M Weapons
www.zmweapons.com
203 South Street
Bernardston, MA 01337
413-648-9501 phone
413-648-0219 fax
LR-300SRF Post Ban Compensated Fixstock
A-1509
*
ZM
weapons
143 of 290
55
Section Four:
A Listing of Assault Weapon Manufacturers by State
State Manufacturer City
Arkansas Wilson Combat & Scattergun
Technologies
Berryville
Arizona American Spirit Arms, Corp. Scottsdale
Arizona Expert Arms Gilbert
Bobcat Weapons Inc. Mesa
Cavalry Arms Corp. Mesa
Tactical Weapons Training
Academy
Mesa
California Entrprise Arms Irwindale
L&G Weaponry Huntington
Beach
Colorado Feather USA Eaton
Connecticut Colts Manufacturing Company LLC Hartford
Florida B & K Custom Firearms Jacksonville
Century International Arms Inc. Boca Raton
Knights Manufacturing Company Vero Beach
Georgia RPB Industries Avondale
Estates
Illinois ArmaLite, Inc. Geneseo
DS Arms, Inc. Barrington
Eagle Arms Geneseo
Les Baer Custom, Inc. Hillsdale
Rock River Arms, Inc. Colona
Kentucky DoubleStar Corp. Winchester
A-1510
144 of 290
56
State Manufacturer City
Louisiana Red Jacket Firearms Baton Rouge
Maine Bushmaster Firearms, Inc. Windham
Maryland Beretta U.S.A. Corp. Accokeek
Fulton Armory Savage
Massachusetts Z-M Weapons Bernardston
Minnesota DPMS (Defense Procurement
Manufacturing Services, Inc.)
St. Cloud
Vulcan Armament, Inc. Inver Grove
Heights
Nevada Armscor Precision Inc. Las Vegas
Arsenal Inc. Las Vegas
New York Kahr Arms/Auto-Ordnance Blauvelt
Ohio Hi-Point Firearms Dayton
Ohio Ordnance Works Chardon
Rapid Fire Troy
Oklahoma Tromix Corp. Broken Arrow
Tennessee Barrett Firearms Manufacturing,
Inc.
Murfreesboro
Utah L.A.R. Manufacturing, Inc. West Jordan
Robinson Armament Company Salt Lake City
Vector Arms, Inc. North Salt Lake
Virginia Alexander Arms, LLC Radford
Heckler & Koch Sterling
Washington Olympic Arms, Inc. Olympia
Valkyrie Arms, Ltd. Olympia
A-1511
145 of 290
The Violence Policy Center (VPC) is a national non-profit educational organization that conducts
research and public education on firearms violence and provides information and analysis to
policymakers, journalists, advocates, and the general public. The Center examines the role of firearms
in America, analyzes trends and patterns in firearms violence, and works to develop policies to reduce
gun-related death and injury. This study was authored by VPC Executive Director Josh Sugarmann and
VPC Policy Analyst Marty Langley, and was edited by VPC Publications Coordinator Aime Newth.
Research assistance was supplied by Sofia Checa. This study was funded in part with the support of
The David Bohnett Foundation, The California Wellness Foundation, Richard and Rhoda Goldman Fund,
The George Gund Foundation, The Joyce Foundation, and, The John D. and Catherine T. MacArthur
Foundation. Past studies released by the VPC include:
! Vest Buster: The .500 Smith & Wesson MagnumThe Gun Industry's Latest Challenge to
Law Enforcement Body Armor (June 2004)
! A Further Examination of Data Contained in the Study On Target Regarding Effects of the
1994 Federal Assault Weapons Ban (April 2004)
! Really Big Guns: Even Bigger Lies (March 2004)
! Illinois: Land of Post-Ban Assault Weapons (March 2004)
! When Men Murder Women: An Analysis of 2001 Homicide Data (September 2003)
! Bullet HosesSemiautomatic Assault Weapons: What Are They? Whats So Bad About
Them? (May 2003)
! Officer DownAssault Weapons and the War on Law Enforcement (May 2003)
! Firearms Production in America 2002 EditionA Listing of Firearm Manufacturers in
America with Production Histories Broken Out by Firearm Type and Caliber (March 2003)
! Just Like Bird HuntingThe Threat to Civil Aviation from 50 Caliber Sniper Rifles (January
2003)
! Sitting DucksThe Threat to the Chemical and Refinery Industry from 50 Caliber Sniper
Rifles (August 2002)
! License to Kill IV: More Guns, More Crime (June 2002)
! American Roulette: The Untold Story of Murder-Suicide in the United States (April 2002)
! The U.S. Gun Industry and Others UnknownEvidence Debunking the Gun Industrys Claim
that Osama bin Laden Got His 50 Caliber Sniper Rifles from the U.S. Afghan-Aid Program
(February 2002)
! A .22 for ChristmasHow the Gun Industry Designs and Markets Firearms for Children
and Youth (December 2001)
! Kids in the Line of Fire: Children, Handguns, and Homicide (November 2001)
! Unintended Consequences: Pro-Handgun Experts Prove That Handguns Are a Dangerous
Choice For Self-Defense (November 2001)
! Voting from the Rooftops: How the Gun Industry Armed Osama bin Laden, Other Foreign
and Domestic Terrorists, and Common Criminals with 50 Caliber Sniper Rifles (October
2001)
! Shot Full of Holes: Deconstructing John Ashcrofts Second Amendment (July 2001)
! Hispanics and Firearms Violence (May 2001)
! Whered They Get Their Guns?An Analysis of the Firearms Used in High-Profile Shootings,
1963 to 2001 (April 2001)
! A Deadly Myth: Women, Handguns, and Self-Defense (January 2001)
! Handgun Licensing and Registration: What it Can and Cannot Do (September 2000)
! Pocket Rockets: The Gun Industrys Sale of Increased Killing Power (July 2000)
! Guns For Felons: How the NRA Works to Rearm Criminals (March 2000)
! One Shot, One Kill: Civilian Sales of Military Sniper Rifles (May 1999)
! Cease Fire: A Comprehensive Strategy to Reduce Firearms Violence (Revised, October
1997)
Violence Policy Center, 1140 19th Street, NW, Suite 600, Washington, DC 20036
202-822-8200 phone, 202-822-8205 fax, www.vpc.org web
July 2004, Violence Policy Center
A-1512
146 of 290
A-1513
147 of 290
A-1514
Case 1:13-cv-00291-WMS Document 84-2 Filed 06/21113 Page 1 of 30
A Further Examination of Data
Contained in the Study
On Target Regarding Effects
of the 1994 Federal Assault
Weapons Ban
Violence PolicV Center
148 of 290
A-1515
The Violence Policy Center (VPC) is a national non-profit educational organi zation that
conducts research and public education on firearms violence and provides information and analysis to
pol icymakers, journalists, advocates, and the general public. The Center examines the role of firearms
in America. analyz:es trends and patterns in firearms violence, and works to develop policies to reduce
gun-related death and injury . Past studies released by the VPC include:
Realfy Big Guns, Even B(q.qer Lies: The Violence Policy Center's Response to the Fifty C(Jliber
Insrirure"s Misrepresenrarions (March 2004)
Illinois Land of Post Ban Assault Weapons (March 2004)
When Men Murder Women: An Analysis of 2001 Homicide Data (September 2003)
Buller Noses - Semiautomlltic Assault Weapons; WhlJt Are They? Whllt 's So BlId About Them?
(May 2003)
"Officer - Assault Weapons and the War on Law Enforcement (May 2003)
Firellrms Production in AmeriCB 2002 Edition - A Listing of Firearm Manufacturers in America
with Production Histories Broken Out by Firearm Type and Caliber (March 2003)
"Just Like Bird I-Iunting " - The Thre8t to Civil AviBtion from 50 Caliber Sniper Rifles (Janu!l ry
2003)
Sitting Ducks- The Threar to the Chemical and Refinery Industrv from 50 Caliber Sniper Rilles
(August 2002)
License to Kill IV: More Guns, More Crime (June 2002)
American Rouleue: The Untold Stor v of Murder-Suicide ill the United States (Apri l 2002)
The U.S_ Gun Industry and Others Unknown - Evidence Debunking the Gun Industry's Claim that
Osama bin Laden Got His 50 Caliber Sniper Rifles from the U. S. Afghan-Aid Program (February
2002)
"A .22 for Christmlls"- I-Iow the Gun Industry Designs and Markets Firearms for Children lind
YOllth (December 2001 )
Kids in the Line of Fire: Children, Handguns, and Homicide (November 200 11
Unintended Consequences: Pro-Handgun Experts Prove That Handguns Are a Dangerous Choi ce
For Self-Defense (November 200 1 )
Voting from the Rooftops: How the Gun Industry Armed Osama bin Laden, Other Foreign and
Domestic Terrorists, and Common Criminals with 50 Caliber Sniper Rifles (Oct ober 2001)
Shot Fulf of Holes: Deconstructing John Ashcroft 's Second Amendment (July 2001 )
Hispanics and Firearms Violence (May 200 1)
Where'd They Gel Their GUl1s?- Ao Analysis 01 the Firearms Used il1 High-Profile Shootings,
1963 to 2001 (April 2001)
A Deadly Myth: Women, Handguns, and Self-Defense (January 2001 )
Pocket Rockers: The Gun industry' s Saie of Increased Killing Power (July 2000)
Gunland USA: A Stare by State Ranking of Gun Shows, Gun Retailers, Machine Guns, and
Gun Manufacturers (June 2000)
Guns For Felons.' How the NRA Works to Rearm Criminals (March 2000)
One Shot, One KiIJ: Civilian Sales of Military Sniper Rifles (May 1999)
Cease Fire: A Comprehensive Strategv to Reduce Firearms Violence (Revised, October 19971
Viol ence Policy Cent er
1 HO 19th Street, NW, Suite 600
202-822-8200 phone
202-822-8205 f<:lX
VJww.vpc.org web
2004
Viol ence Policy Center
149 of 290
A-1516
Key Findings
Unless Congress and the President act, the f ederal ban on assault weapons will expire
on Sept ember 13, 2004. The options for poli cymakers are:
allow t he ban to expi re;
renew the law in its present form; Of,
renew the law, and strengthen it to cover both "copycat" assault
weapons that gunmakers have designed over t he past decade to evade
the ban, as well as assault weapons not covered by the original law.
A new study, On Targer , presents crime gun tracing informat ion in an effort to make
the case t or simply renewing current law . It attempts to show t hat assault weapons'
use in cr ime has decreased since the law was enacted in 1994. But On Target
presents only part of the picture. Any analysis of the 19941aw must answer these key
questi ons: Regardless of name. are the weapons target ed by the 19941aw still being
manufactured today, are they readily available, and are they being used in crime? The
Violence Pol icy Center has conducted a further examinat ion of the information
contained in On Target to answer these questions. And unfortunately, the answer to
each is II resounding yes: assault weapons targeted by the 1994 law are still being
manufactured today, are readil y avai lable. and are being used in crime. The VPC
analysis of the information contained in On Target makes it clear that the federal
assault weapons ban must be strengthened in order to be effective.
Percentages Tell Only Part of the Story (pp. 7-81
On Target looks CIt assault weClpOfl trClces as CI percent(lge of all f irearms traced to
crime by the Bureau of Alcohol, Tobacco. Firearms and Explosives (ATF). However,
the approach of examining assault weapon traces as a percent age of total gun traces
has clear f laws. Tracing practices of l aw enforcement agencies have changed
dramat ically over time. For example, the number of t racing requests processed by ATF
grew from less than 40,000 in 1986 to more than 230,000 in 2001. On Target
presumes that as the universe of crime gun traces increases , t he number of assault
weapons traced to crime will increase at a corresponding mte. However, the exact
opposite should be expected to be true considering the reality of assault weapons
tracing.
150 of 290
A-1517
The Effect of "Time-to-Crime" (pp_ 8-10)
Even if one accepts On Target's methodology as a valid and accurate measure of the
effect of the ban on speciHc models of assault weapons banned by name in the 1994
law under that exact name and/or specific configuration, the decrease in the named
guns can j ust as easil y he accounted f or by t he accepted phenomenon known as "ti me-
to-crime." Time-ta-crime measures the t ime that elapses from the first retai l sale of a
firearm until it i s conf iscated at a crime scene. Generall y, the mor e t ime that passes,
the less likely any gun is to be traced to crime. The "ti me-t a-cr ime" effect account s
for a drop of 57 percent in the 1994 cohort of assault weapons. Since many of these
weapons were in fact brought onto the market as far back as the mid- 1980s, and t heir
production under these specific names was halted in 1994, the 66 percent drop in
assault weapon traces ci t ed in On Target is not surprisi ng.
Masking the Increase in Assault Weapon Traces (pp. 10-17)
Most importantly, the analysis presented in On Target masks the real increase in
assilult weapon traces. This dilta in filct strongly supports strengthening the current
ban so it effectively bans all assault weapons by addressing the threat posed by
"copycat" assault weapons as well as assault weapons not covered by the origi nal
1994 law. Using the data presented in On Target, the Violence Policy Center has
det ermined -
The number of "copycat" assault weapons traced to crime has increased
dramaticall y, from 96 in 1990 to 3,4 10 in 2001 .
From 1995 to 2000, the total number of crime gun traces of "copycat "
assault weapons, combined with crime gun traces for assault weapons
nol covered by lhe original 1994 law such as t he SKS ririe, HiPoint
Carbine, Ruger Mini-14 rifle, and M 1 Carbine, j umped from 3,050 to
6,527-an increase of 114 percent.
Using its own tracing dat abase for the years 1995 through 2000, the Violence Policy
Center also determined that from 1995 to 2000, the number of traces of select
"copycat" assault weapons increased dramatically:
the AB-10 assault pist ol increased from eight t o 746;
the Bushmaster assault rif le increased from 34 to 224; and,
the DPMS ass<lult rif le increased from two to 75.
2
151 of 290
A-1518
Using the same database, t he number of traces f rom 1995 through 2000 of select
assault weapons not covered by the 1994 law also increased dramati cally:
the Hi -Point Carbine increased from zero to 505;
the Ruger Mini- 14 assaul t ri f le increased from 285 to 620; and,
the SKS assault rifle increased from 1,264 to 2,079.
Additional Factors (pp. T 8-19)
Other vari ables that may have had an eff ect on the availability of assault weapons are
not considered in On Target . These include:
restri ctions imposed in 1989 and 1998 on foreign-made assault rif les
under the "'sporting purposes" t est , the federal law t hat governs assault
weapon import s and operales separately from t. he federal assaul t weapons
ban;
expansion in 1998 of the Brady background check t o include lang guns;
and,
st ronger local and st ate assault weapon laws, as well as other state and
federal anti -crime statut es and measures.
Real -World Problems Require Real -World Solutions (pp_ 79-221
On Target f ocuses solely on the incidence of assaul t weapon t races, tailing to take into
account key moti vating factors that led t o passage of the original assault weapons ban
in 1994. The impetus tor t he ban was not solely assault weapons' use in crime averalJ,
but thei r special appeal to cop killers, mass shoot ers, and other dangerous f ringe
elements of gun-owning society. Police and other law enf orcement personnel were
some of the f irst victi ms of the assaul t weapon trend that emerged in the 19805.
Today, one out of five law enf orcement officers slain in the line of duty i s kill ed with
an assault w eapon
The unintended yet undeniable conclusion to be drawn f rom the dat a presented in On
Targel, once Ihe full picture is revealed, i s Ihal to be effecti ve, Ihe federal assault
weapons ban must not only be renewed, but more importantly strengthened, to address
the gun industry's almost absolute success in evading t he ori ginal ban
3
152 of 290
A-1519
Introduction
On September 13, 2004, the federal ban on assault weapons is scheduled to end. As
thi s date approaches, increasing attention has focused on how the gun industry has
sLlccessfully circulllvp.nled 1. he ban.
The intent of t he 1994 law was to ban the continued production of assault weapons
by naming specifi c guns (e.g. UZI) as well as their "copi es or dupli cates.
u
It also
banned the f uture product ion of semiautomatic fi rearms with specific design
characteristics. But immediately after the 1994 law was enacted, the gun industry
evaded it by making s light, cosmetic des ign changes to banned weapons - incl uding
those banned by name in t he law- and continued to manufacture and sell these "post-
ban" or "copycat " guns. Changes that allow all assaul t weapon to stay on the Illarket
can be as minor as removing a flash suppressor at t he end of a gun's barrel. The gun
indust ry dubbed this process "sporterization. " Gunmakers' successful evasion of the
law was no secret. In February 1995, just fi ve months after the ban's passage, lead
sponsor Senat or Dianne Feinst ein (D-CA), in a 60 Minutes int erview, charged that the
indust ry was violati ng both "the spirit and intent of t he l aw" and promised, "I can
assure you if I can figure a way to stop it, I' ll try to do that. ,,'
In the nearly 10 years fol lowing that int erview, the sit uation has only worsened.
Today, of the nine assault weapon brand/types banned by name and manufacturer in
the law/ si x of the brand/ I.ypes are sLi 11 marketed in post -ban, "copycat"
configurations.
J
In fact , gunmakers openly boast of their ability to circumvent t he ban.
Thei r success is described in an August 2001 Gun World magazine article about the
Vepr II assault rifle, a "sporteri zed"" version of the AK-47:
In spiLe of assaulL ri fle bans, bans on high capacity magazines, the rantings of
the anti-gun media and the rifle's innat e politi cal incorrectness, t he Kalashnikov
[AK-47], in vari ous forms and guises, has f lourished. Today there are probably
more Illodels, accessories and parts t o choose from than ever before.
Equally blunt was an article in t he May 2003 i ssue of Gun World reviewing a post-ban,
AR-15 copycat, the LE Tacti cal Carbine:
Strange as it seems, despite the hit U.S. cit izens t ook with the passage of the
onerou s cri me bill of 1994 [whi ch contained the f ederal assault weapons ban],
ARs are f ar from dead. Stunned momentarily, they sprang back with a
vengeance and seem better t han ever. Purveyors abound producing post-ban
ARs f or civi lians and pre-ban model s for government and law enf orcement
agencies, and new companies are joi ning the fray.
4
153 of 290
A-1520
Just such a AR+type assault
rifl e, the XM 15 M4 A3, was
used by the Washington, DC-area snipers
to kill 10 and injure three in October
2002. The Bushmaster is the poster
child for t he industry's success at
evading t he ban. The snipers' Bushmaster
i s even marketed as a "Post-Ban
Carbine. " [See Chart One]
The industry's effort s have been aided by
t he f act that nat all assault weapons are
covered by t he 1994 ban. For example,
"_ .. the Kalashnikov fAK-
471- in various forms
and guises, has
flourished. Today there
are probably more
models, accessories and
parts to choose from
than ever before. "
assault weapons with more conventional Gun World
designs, such as the Ruger Mini-14 rifl e,
were not covered by the 1994
law- although gun experts defin e t hem as assault weapons. Furthermore, any gun that
was legall y possessed as of the date t he 1994 law took effect may st ill be legally
possessed and t ransferred without additi onal restriction, a legislati ve compromise
known as "grandfathering. ,,4
Chart One: Guns Banned by the 1994 Law and Their Legal Counterparts
PreBan (air AR 15 Sporrer
PMI.Bon (all All.] S M.l(h

BushmaSTer XM IS AR 8(OPYCIIT
8
...
:
'reBlln ImporTed AK47
MAIC-90 AK- 47 ' ,,,,, .. , "
(modified To import Iton)
'osl-Ion VEPR II "Copycat" AK-47
5
produc tio n
banned by 1994
law
reconfigured
guns thaI are
legal to produce
and seH
154 of 290
A-1521
A recent study, On Target/
i
looks at the
effect s of t he 1994 law on both assault
weapons banned by name and "copycat "
versions of t hese named weapons. It
attempts t o do t his by analyzing over
time the proportion that named or
"banned" assault weapons, as well as
"copycat" assaul t weapons, represent as
a percentage of al l firearms traced to
crime by the Bureau of Alcohol, Tobacco,
Firearms and Explosi ves !ATF),6 This
analyt ical structure has cl ea r l imitations
and, more importantly, serves to mask
the dramat ic increase in traces of
"copycat" assault weapons, as well as
assault weapons not banned by t he 1994
law. Mast notably, the study does not
cont ain the actual tracing numbers on
which the percentages are based.
Any useful analysis of
the 1994 law must
answer these key
questions: Regardless
of name, are the
weapons targeted by the
1994 law still being
manufactured today, are
they readily available,
and are they being used
in crime?
Any useful analysis of the 19941aw must answer these key questions; Regardless of
name, are t he weapons targeted by t he 1994 law st ill being manufactured t oday, are
they readil y available, and are they being used in crime?
Fi nally, the key motivating fact ors that led to passage of the origi nal assault weapons
ban in 1994 must not be forgott en. The impetus f or the ban was not solely these
weapons' use in crime overall, but t heir special appeal to cop killers, mass shooters,
and other dangerous fringe elements of gun-owning society. Police and other law
enf orcement personnel were some of the f irst victims of the assault weapon trend that
emerged in the 19805. Attempts t o measure assaul t weapon crime solely in terms of
quantit y, as reflected in t races, f ail to acknowledge a key impet us f or passage of the
original ban, and the need to not onl y renew it, but also strengthen it.
6
155 of 290
A-1522
Percentages Tell Only Part of the Story
On Target uses assaul t weapon traces as a percentage of t otal cri me gun t races to
measure t he effect of the ban.7 As seen in Chart Two, the number of ATF crime gun
traces has increased dramalicaliv over t he pasl 10 years. In 1995, ATF processed
79, 777 trace request s. By 200 1, that number had almost tripled, with 232,000 trace
r equests processed. On Target presumes that as the universe of crime gun traces
increases, t he number of assault weapons t raced t o crime will increase at a
correspondi ng rate. However, looki ng at t he real ity of assault w eapons t racing (it has
long been accepted that when law enforcement come across assault weapons t hey will
almost always tr ace them because of the guns' " exoti c" nat ure). f irearm production
history and trends, the domi nant role of handguns in crime , and the small percentage
of America's gun population t hat assault weapons compr ise, t he exact opposite should
be expected t o be true.
As crime guns are more routinely t raced,
the represent ation of the most common
types of fi rearms -such as st andard
pistols and revol vers -naturally increases.
For eXClrnpl e, t he 2002 Youth Crime Gun
Interdiction Initiative, which analyzed
88,570 gun t races in 44 major
mel ropoli tan areas,s idenliried the Smilh
& Wesson 38-caliber revolver as the most
commonly trClced crime gun.
9
This is CI
funct ion of t he simple fact that t his is
one of t he most popular and common
t ypes or guns made by one or the
count ry's largest handgun manufacturers.
At t he same time, once again, handguns
are t he most common firearm used in
crime.
As crime guns are more
routinelv traced, the
representation of the
most common types of
firearms-such as
standard pistols and
revolvers -naturally
increases_
A useful way to think of this i s to imagine a large jar in whi ch there are, f or example,
100 white marbles (represent ing assault weapons) and 900 bl ack marbles (represent ing
all ot her guns) . The whi t e marbles represent 10 percent of t he t otal. If another
t housand black marbles are added to t he jar, the percentage of marbles that are white
wi ll automat icall y decline_ This reduct ion has nothi ng to do w ith any Celli se ot her t han
the addit ion of the blaCK marbles.
7
156 of 290
A-1523
Chart Two: Total Number of Crime Gun Traces Conduct ed by t he Bureau of
Al cohol, Tobacco, Firearms and Expl osives (ATF) 10
Year
1986
1987
1988
1989
1990
1991
1992
1993
Number of Traces Year Number of Traces
39, 800 1994 83,000
35, 100 1995 79, 777
37,050 1996 11 6,674
41,807 1997 191 ,378
47,770 1998 188,299
53,924 1999 20 9,000
50,553 2000 20 9,000
55, 665 2001 232,000
Chart Two p r ~ s n t s total crime gun traces conducted by A TF
for the years 1986 to 2001
In conclusion, as the proportion of common pistols, rifl es, and shotguns increases, the
proporti on of assault weapons as a percentage of the whole will naturally decrease.
The Effect af " Time-ta-Crime"
Regardless of the dat e of the assault weapons ban, the decrease in traces of assault
weapons manufact ured bef ore 1994 is to be expected as a result of t he accept ed
phenomenon known as "time-to-crime." Time-to-crime measures the l ength of t ime
that elapses trom a firearm's t irst retail sale by a Federal Firearms License (FFL) holder
to its recovery as a crime gun by law enforcement. Time-to-crime data collected over
years by ATF demonstrates that f or all types of f irearms newer guns are more likely to
be recovered as crime guns. The most recent data shows that nearly a third of cr ime
guns recovered in 1999 and 2000 had been purchased within the last t hree years."
As can be seen from the ATF graph shown in Chart Three, the more t ime passes , the
l ess likely a particular gun is t o be traced to crime.
8
157 of 290
A-1524
Chart Three: ATF Time-to-Crime Chart
ll
Figure 6: Percent of Traced Crime Guns by Time-to-Crime

,
, , . g 1] 11 12 13 14 15 18 11 13 19 20
Years from Purchase
ChaIt Three l7/ustrates that as mare time passes, the less likely
an,! given gun is to be traced to crime
As seen in t he VPC's use ot the ATF gra ph in Chart Four measuring ti me-to-c rime,
firearms traced one year after purchase on average account f or 14 percent of t raced
guns. Firearms traced six years after purchase on average account f or six percent of
traced guns. Thus, "ti me-ta-crime" accounts for a drop of 57 percent in the 1994
cohort of assault weapons. Since many of these weapons were in fact brought onto
the market as far back as the mid-1980s, and their producti on under these specific
names was halted in 1994 , the 66 percent'3 drop in assault weapon traces cited in On
Targel is not surpri sing.
If the assault weapons named in t he 1994 law were the only assault weapons
manufactured by the industry, then the effect could be expected to
continue over time on assault weapons as a class of firearm. Unfortunatel y, as will be
seen in the next sect ion, because of the gun indust ry's evasion of the law and the
availabil ity of assault weapons not covered by t he ban, t his is not t he case.
9
158 of 290
A-1525
Chart Four: ATF Time-ta-Crime Applied to 1994
Cohort by VPC (Assumes All Guns "New" in 19941
Figure G: Per cent of Tnoced Crime Gu ns by Tl me t o-Crlme
"r--------------------------------------,
1995
..
2000
'. > 4 ", .... " ,',. .. .... ' ~ ..
~ ...... . 1'c ............. na
Reduction = 57 %
Chart Foul illustrates that thlough time-fa-clime, the percentage of "banned" assault weapons
would be expected to decrease 57 percent from 1995 to 2000
Masking the Increase in Assault Weapon Traces
On Target acknowledges that traces for "copycat" assault weapons and assault
weapons that fell outside of the scope of the 19941aw have increased as a percentage
of overall traces. Yet the informati on is present ed in a manner t hat masks t he full
scope of this increase.
The study counts as a "copycat" any assault weapon that is not specifically named in
the 1994 law by manuf acturer and spec ifi c model-including pre-ban, f ully configured
assault weapons as well as post-ban "sporteri zed" assault weapons.
14
On Target
stCites that:
even if t he grouping of copycat guns is included in the count of assault weapons
traced to cri me, l here has still been a signi ficanl decline in the percenLage of
ATF crime gun traces involving assault weapons. In the pre-ban peri od, assault
weapons, includi ng copycats, made up 5_7% of ATF traces_ In the post-ban
period, the same group of guns has const ituted 3.1 % of ATF t races, iI decline
10
159 of 290
A-1526
of 45%. 15 IBaid in original]
Comparing t hese figu res to t he declines cit ed for named guns onl y- 66 percent
16
- it
i s clear that using On Target's own measurement construct !assault weapon t races as
a percent age of tot al crime gun traces) that t he problem of "copycat" assault weapons
as measured by tracing is increasing. Using the percent ages contained in Table 1 and
Table 3 of On Target, !see Appendix) t he percentage of copycat weapons traced can
be det ermined. The result is ill ust rated in Chart Fi ve.
Chart Five: "Copycat" A5sault Weapons IAWs l as Percentage of Total Crime Guns Traced
as Determined by Subtracting "8anned
N
Assault Weapons Traced from " Banned" and
"Copycat " Assault Weapons Traced
Year 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000
" Banned" &.
5.92 5.90 5.63 S.15 5.24 4 .6 1 3.32 2.97 3.43 3.08 2.87
"Cop\,cat"
AWa as
Percentage of
Cnme GIXIS
Traced
17
"Banned" 5.72 5.41 5. 15 5_23 3 .67 3 .03 1.96 1. 70 1. 74 1_54 1. 28
AWsas
PercentaQe of
Cnme GUlH
T'(lccd"
"Cop\,cat"
.20 49 .48 .92 1.57 1.58 1.36 1.27 1.69 1.54 1.59
W ~ o o
Percentage of
Cnme Guns
l raced
Using th6 pfUcent ag6s from Table 1 and Table 3 of On Target, Chart Fiv6 ca/culat6s the
percentage of crime gun traces per year that are -copycat- assault weapons
2001
2.57
1 10
1.47
From 1990 t o 200 1, the percentage of "copycat" assault weapon traces as a
percent age of all cri me gun traces increases 635 percent .
Using On Target's own measure of comparing the average number of traces f or t he
fi ve-year period of 1990 to 1994 to t he seven-year peri od of 1995 t o 2001, the
percentage of "copycat " assault weapons as a percentage of all crime gun traces
increases 88 percent . [See Chart SixJ
1 1
160 of 290
A-1527
Chart Six: "Copycat" Assault Weapons as Percent age of Cri me Guns Traced, 1990 to
1994 Average, and 1995 to 2001 Average
"Copycat" Average 'Copycat" Average Percent
1990 to 1 994 1995 to 2001 Increase
.8 1.5 88 percent
"Copycat
N
assaul t weaf}ons as it percentage of crime guns trdced increased 88 percent when
comparing the periods 1990-1994 to 19952001
Yet, the most
strik. ing figures
are seen when
the percentage of
"copycat"
assault weapons
as a percentage
of all crime gun
t races is applied
aga i nst the
actual number of
crime gun traces
for each year.
[See Chart Eight ]_
Using the figures
suppl ied in On
Target for
"banned assault
weapons,,19 and
"banned assault
w eapons and
copycats,,20 as a
per cent age of
tot al gun traces,
one can calculat e
the number of
,
"
4000
3500
3000
2500
2000
1500 .
1000
500
0
Cha rt Seven: "Copycat" Assault Weapon Traces,
1990-2001
r--
:5"
1
..c..
.-<

Year
"copycat" assault weapons traced to crime. That number has
dramat ically- from 96 to 3.410-as illustrat ed in Chart s Seven and Eight.
12
increased
161 of 290
A-1528
From 1990 to 2001, the
number of "copycat "
assault weapons jumped
from 96 to 3.4 10_
Chart Ei ght : Number of Crime Gun Traces of "Copycat " Assault Weapons, 1990 to
2001 , Based on Percentage of Total Traces
Year
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
Total Number Copvcat" Assault Weapons Number of
of Traces as Percentage of All Assault Assault Weapon Traces
Weapon Traces
47,770 .20 96
53,924 .49 26.
50,553 .48 243
55,665 . 92 5 12
83,000 1.57 1,303
79,777 1. 58 1,260
11 6,674 1.36 1,587
19 1,378 1. 27 2 ,431
188,299 1. 69 3,182
209.000 1.54 3.2 19
209,000 1. 59 3,323
232,000 1.47 3,410
While in 1990 ATF tlaced onl y 96 "copycat " assault w9apons,
by 2001 this number had escalated to 3.410
In addi t ion, using a copy of the ATF tracing dat abase through 2000, t he VPC has
calculated t racing data f or specifi c assault weapons manuf actured after the ban that
have been redesigned t o evade it. Examples are offered on page 14.
13
162 of 290
A-1529
Tracing Data for Specific Post-Ban Assault Weapons
Chart Nine: AB-10 Pistols Traced,
1995-2000
800
6
600

/
u
400
~
40
200
----"'
0
1995 1996 1991 1996
19"
2000
Year
Chart 10: Bushma ster Rifl es Traced,
1995-2000
250
A
200
,/' 24

150
-462
0 7
E 100
~
...
50
~
-
0
1995
"96
1997 1998 1999 2000
Year
Chart 11: DPMS Rifles Traced,
1995-2000
80
~
60 -

0 40 -
f
...
25
20
0
~
1995 1996 1997 1998 1999 2000
Year
14
163 of 290
A-1530
On Target also states that:
even if .all of the guns listed in H.R. 2038 and S. 1431
1211
(including the Hi-Point
Carbine. the Ruger Mini -1 4. the 1'.1 1 Carbine. end the SKS) were counted as
assault weapons in the analysis, CGS found t hat assault weapons t raced to
crime made up 7.2% of ATF's nationwide crime gun traces from 1990- 1994,
but only 4.5% of crime gun t races after the Assault Weapons Act took effect,
a decline of more than 37%.22 [Bold in originalJ
Looking at actual t race numbers f or these weapons, however, the increase is dramatic.
Using the ATF tracing database for the year s 1995 to 2000 (the Violence Pol icy Center
does not have t racing data for the year 200 1) the VPC calculated t he number of crime
gun traces f or these weapons as detailed in the f ollowing chart s. (In 1998 ATF
stopped distingui shing in its tracing data between M1 Carbines, which are defined as
assaul t weapons, and other M1 models, which are noL As a result or t. his limit.ed dal.a,
a graph for M1 Carbines is not included.)

..
Chart 12: Hi-Point carbines Traced,
1995-2000
1995 1996 1997 1998 1999 2000
Year
Chart 13: Mini -14 Rifles Traced,
199!5-2000
800
600 -
r-
6'0
400
.0
200
..""
0
1995 1996 1997 1998 1999 2000
Year
15
164 of 290
A-1531
Chart 14: SKS Rifles Traced,
1996-2000
3000
2500 - - ')433

2000
.",<
20 9
u
1500
"
- T2t>4
... 1000
500
[v
,
0
1995 1996 1997 199B 1999 2000
Yea r
As detailed in the chart below. from 1995 to 2000, the actual trace numbers of the Hi -
Point Carbine, Ruger Mini 14. SKS, and Ml Carbine (only for t he years 1995 to 1998)
increased 79 percent . If the act ual truce numbers of "copycat" assllul t weapons as
calculated from On Target are added, the overall increase i s 114 percent .
Chart 15: Total Number of "Copycat:' SKS. Hi-Point. Ruger Mini-14. and Ml
Carbine Traces, 1995 to 2000
Tot,,1 Nurnll'" ul Nu, ,,u,,r tJu,nb", NUrT1u.. r Tuldl SKS, Tot,,1 HCUp'{cct."
Number Cnp'IcM" 1>1 SKS 01 Hi- III RUDer (If Ml Hi-PninT SKS. Hi -Pont,
"
Assault Assaul t !'omt MlnI 14 Carb'ne Carbine Auger rJlml-1 4,
Traces Weapon Weapcm Carbine Assault ASSault Ruger and M 1 Carbine
T,a(:t!:<
Trocca
ll ..... lt 'I\'e<lp(m W",,,p<,m 14 , <!,Jd MI
T,,,,,,, . 16 T",,,,,.21
Cl! ri>"'"
Traces" Traces
1995 79,777 1,260 1,264 0 285 241 1,790 3,050
1_
116,674 1,587 1,574 7 340 398 2,319 3,906
1997 191 ,378 2,431 2,031 134 488 480 3, 131 5,562
1998 188.299 3,1 62 2.210 408 566 oJ, 3.184 6.368
1999 209.000 3,219 2.433 476 541 n/a 3.452 6.671
2000 209.000 3.323 2,079 505 620
0"
3,204 6.527
16
165 of 290
A-1532
From 1995 to 2000, the total number
of crime gun traces of "copycat"
assault weapons, combined with SKS,
Hi-Point, Ruger Mini-14, and M1
Carbine traces, jumped from 3,050 to
6,527- 114 percent.
Chart 15: Graph of Total Number of "Copycat ," SKS, Hi-Point . Ruger Mini- 14. and
M 1 Carbine Traces, 1995 to 2000
~
8000
6000
~ 4000
2000
o
6 5 ~
+-
~
~ O
o ~ v
+---
-
1995 1996 1997 1998 1999 2000
Year
Returning to the questions posed at the beginning of this study-Regardless of name,
are the weapons targeted by the 1994 law still being manufactured today, are they
readily available, and are they being used in crime?-the answer, unfortunately, is a
r esounding yes.
17
166 of 290
A-1533
Additional Fact ors
There are many factors other than implementation of the federal assault weapons ban
that may affect the prevalence of assault weapons in cri minal gun traces that would
need t o be addressed for a full er understanding of t he impact of the 1994 law.
Foreign- made assault ri f les are regulated
under a separate federal statu1e. The 50-
called "'sporting purposes" test is what
t he Bureau of Alcohol, Tobacco, Firearms
and Explosives uses to determine the
importabili t y of assault rifles. In 1989
following the Stockton schoolyard
massacre, President George H. W. Bush
ordered a hal t t o imports of f oreign-made
assault rifles. including the UZI Carbine.
Heckler & Koch HK-9 1, AK-47, Galil,
Steyr AUG, and ot hers under the
"sport ing purposes" test.
27
Soon after,
foreign gunmuker s- with the help and
guidance of ATF - made sl ight
modif icat ions to their weapons, a process
dubbed "sporterization," and imports of
assault rifles resumed . The changes
made to make the guns eligible f or
importation took them outside the reach
of the 1 994 assault weapons ban and
Unaccounted for factors
include: foreign-made
assault rifles are
regulated under a
separate federal statute;
in 1998 the Brady
background check was
expanded to long guns;
local and state assault
weapon laws; and, other
federal anti-crime
statutes and measures.
created a t emplate to be f ollowed by domestic manufacturers int ent on evading the
1994 law. In 1997 the Clinton administrat ion attempted to deal with the imported
assault weapons problem and ordered A TF t o review its exist ing interpretation of the
"sport ing purposes" test. The result was implementation at a ban in 1998 on some
sporter i2ed assault weapons, but the door was still left open t o others. The Clinton
Administ rat ion also imposed, through nation-speci f ic trade agreements, restrict ions on
the import of certain assault weapons from China and Russia. The f act that a large
percent age of assault weapons on the American market t oday are imported highlights
the need to isolate and examine the of these various import restrictions.
Expansion of Background Checks t o Long Gun Sales. Anot her potentially important
factor on crime gun traces of assault weapons is the effect of the imposition of
background checks on ail lon9 guns sales by f ederal f irearms licensees starting in 1998.
The Brady background check syst em was implemented in two st ages. During t he f irst
stage that began in 1993, background checks were performed only on handguns
would have affected assault pistols). Background checks on shot guns and rifl es began
18
167 of 290
A-1534
in 1998. The effect of imposing background checks on t he most prevalent type of
assfJult wefJpons - <lssuul t ri fles - is not accounted f or in On Target.
Additional fact ors t hat could affect the represent ation of assault weapons in crime gun
traces include -
Some st at es and localities have more stri ngent restri ctions on assault weapons
t han t hose imposed by federal law. California is onc example. New Jersey is
another. The Di strict of Columbia bans all assault weapon sale and possession.
Other provisions included in federal crime legislat ion passed in 1994 and 1996
could impact gun traces. For example, the 1994 crime law contained provisions
t hat have si gnificantl y reduced the number of f ederal ly licensed firearms dealers,
shrinking t he number of assault weapon sell ers. The law al so f unded increases
in t he number of police on the streel s of major cilies.
Real-World Problems Require Real-World Solutions
The original impetus t o restrict assaul t weafJons was not how ohen they showed up as
crime guns, but rather the horri f ic nat ure of the crimes t hey were used to perpetrat e.
The fi rst real exposure Americans had to t he massive carnage these weapons are
capabl e of inflic ling was in San Ysidro, Cali forni a in 1984 . .l ames Hubert y declared 10
hi s wife that he was going " hunting humans, " and t hen opened fi re at a local
McDonald's with an UZI Carbi ne He shot 40 people, killing 2 1, before a police
sharpshooter was abl e to st op his deadly rampage. ' 1l Unfort unatel y, San Ysidro was t o
be only the first in a str ing of mass shootings perpetrated with assault weapons.
Anot her primary sti mulus for efforts t o rest ri ct access t o assault weapons was t he
sever e threat t hese weapons pose to law enf orcement officers. Police and ot her law
enf orcement personnel were some of t he fi rst vict ims of the assault weapon trend that
emerged i n the 1980s. For example, in October 1984, a San Jose, Cal ifornia, police
offi cer was gunned down with an UZI Carbine.
29
In a high-profi le shoot out in April
1986, two agents f rom the Federal Bureau of Invest igat ion were kill ed by robbery
suspect s wi elding a Ruger Mini-1 4 assault rif le. Five other agents were wounded in the
gun battle.
3D
As high-capacity assault weapons became more commonpl ace, police
routi nely compl ained that they were being out gunned by suspect s.
19
168 of 290
A-1535
In 1989, the massacre that would finally
spur legisl ative <let ian occurred, and again
the site was in California. Patrick Purdy
opened fire on a school yard full of children
in Stockton, Californi a with un AK-47
assault ri f le. He f ired 106 rounds of
ammunition in a rampage that killed five
and wounded 30.
31
That same year,
Cali fornia passed the Roberti -Roos Assault
Weapons Cont rol Act of 1989.
There would be many more mass murders
with assault weapons, however, bef ore
the U.S. Congress would act in 1994.
The original impetus to
restrict assault weapons
was not how often they
showed up as crime
guns, but rather the
horrific nature of the
crimes they were used
to perpetrate_
In September 1989, Joseph Wesbecker used three assault weapons-an
AK-47 assault rifle and two MAC-l 1 assault pistols - in a killing spree at
the St andard Gravure Corporation in Louisvi ll e. Kentucky. that left eight
people dead and 12 wounded .
32
In June 1990. James Edward Pough. armed with an M1 Carbine. killed
nine and wounded f our at the General Motors Acceptance Corporation
office in Jacksonville. Florida.
33
In January 1993. Mir Aimal Kansi opened f ire with an AK-47 on cars
waiting to enter the grounds ot the Central Intell igence Agency' s
headquarters in Langley, Virginia . He killed two people, both employees
of the agency. and wounded three others.
34
In July 1993, Gian Luigi Ferri entered the Pettit & Martin law offices in San
Francisco, Calif ornia, and opened fi re with two TEC-DeS assault pistols,
kill ing eight and wounding si x. Ferri had purchased the assault pistols in
neighbori ng Nevada.
35
In September 1994, Congress passed t he federal assault weapons ban as part of the
Violent Crime Control and Law Enforcement Act . As noted at the beginning of t his
study, the law. however, was quickly circumvented by the f irearms industry. By making
minor cosmetic changes in the design of banned assault weapons - some as
inconsequential as removing the flash suppressor f rom the end of a gun' s
barrel-gun makers were able to cont inue selling assault weapons. Moreover, the 1994
law "grandfathered" exist ing assault weapons, which all owed them to continue to be
possessed and transferred without rest riction. The result is that assaul t weapons
continued to be used in mass murders and shocking assaults on law enforcement:
20
169 of 290
A-1536
In November 1994, Bennie Lee Lawson killed two armed FBI agents and
a W<lshington, D.C. pol ice sergeant with a Cobmy M-l1 assault pistol
inside the headquarters of t he Metropolitan Police Department in
\ .....'ashingt on, DC.
3
1)
In February 1997. Emi l Dechebal Matasareanu and Larry Eugene Phill ips.
Jr. attempted to rob a bank in North Hollywood, California. They were
armed wi th multiple assault rifles purchased legal ly that were then illegally
resold and converted t o f ire in ful ly automatic mode. They injured 16 in a
stand-off with police t hat lasted hours.
37
In December 1997, Arturo Reyes Torres fi red 144 rounds in t wo minutes
trom an AK-47 assault ritle killing tour and wounding two at the Caltrans
Maintenance Yard in Orange, California. Torres bought his gun legally in
1988.
38
In March 1998, middle school students Andrew Golden and Mitchell
Johnson opened f ire with an M 1 Carbine on their fellow students and
teachers at their Jonesboro, Arkansas school . They killed five and
wounded 10.
39
On April 20, 1999 in littleton, Colorado, Eri c Harris and Dyl an Klebold
used a Hi-Point Carbine and a TEC-DC9 assault pistol in an attack on their
Columbine High School classmates that left 13 dead and 23 wounded,"o
Three months after Columbine, the Calitornia legislature, react ing to the firearms
industry'S ingenuity at evading both the federal and California assault weapons bans,
significantly strengthened California law to effectively ban virtually all assault weapons.
Mass killings with assault weapons continued in other parts of t he country.
In December 2000, Michael McDermott killed seven co-workers at
Edgewat er Technology in Wakefield, Massachusetts. He fired 49 rounds
from an AK 47 assault. ri ne.
o11
In February 2001, William D. Baker killed four and wounded four when he
opened fire with an SKS assaul t rifle at the Navistar Internat ional
Corporation in Melrose Park, Ill inois.42
In October 2002, t wo snipers, John Muhammad and Lee Malvo, armed
with a Bushmaster assault ri f le, terrori zed the VVashington, DC area. They
killed 10 and wounded three in a serial shooting spree that lasted wceks.
43
Mass shooters often choose assault weapons as their murder weapons. Criminals
anticipating confrontations with armed law enforcement agents often arm themselves
21
170 of 290
A-1537
wit h assault weapons. The 2003
Violence Policy Center study "Officer
Down" - Assault Weapons and the War
on Law Enforcement, revealed that from
1998 t hrough 2001, one in five law
enforcement officers slain in the line of
duty were killed with an assault
wcapon ,<'4 Such high-prof ile events are
in addit ion t o the countless incidents
t hat occur almost dail y in which assault
weapons are used in robberies, assaults
on police officers, and shootings that do
not result in the headl ines generated by
a mass kill ing. One recent exampl e
from March 23, 2004: a six+year+old
Richmond, Vi rginia gi rl was shot in the
head and chest with bull ets fired from
an AK-47 after gunfire erupted during
an argument between two groups of
men in a parking l o t 4 ~
The 2003 Violence Policy
Center study "Officer
Down"- Assault
Weapons and the War on
Law Enforcement
revealed that from 1998
through 2001, one in five
law enforcement officers
slain in the line of duty
were killed with an
assault weapon.
These facts must not be overlooked or diminished. How often assault weapons turn up
in crime should be secondary to the nat ure of the crimes committed with them.
Concl usion
The problem of assaul t weapons violence in Ameri ca is deadly serious, and nowhere
more so t han in its impact on law enforcement personnel. Yet powerful opponents of
regulat ing semiautomatic assault weapons are invested economically and ideologicall y
to killing the 1994 l aw and preventing the vital chore of strengt hening it.
If the proposals of public policy advocates to regulate semiautomatic assault weapons
are to be taken ser iously, they must be rigorously objective in their analysis of the
limitat ions of current law, the gun industry's success at evading it, the impact of assault
weapons on America, and the steps that must be taken t o fashion an eff ective l aw.
To be effective, the federal assault weapons b(lll must not only be renewed, but more
important ly strengthened, t o address the gun industry's almost absolute success in
evading the original ban
22
171 of 290
A-1538
Case 1:13-cv-00291-WMS Document 84-2 Fi led 06121113 Page 25 of 30
Appendix
On Target Table 1- Banned Assault Weapons as 8
Percentage of All Crime Guns. 1990-2001
T ..... 1 ... n ............ w_ .... _. hrc..tag.
ofAIIC .......

, 7&'10 11"""
1990 1991 1992 1193 tWf 1M !tiS , .7 ' M 19911 2000 2001
23
172 of 290
A-1539
Case 1:13-cv-00291-WMS Document 84-2 Fi led 06121113 Page 26 of 30
On Target Table 3-Banned Assault Weapons and Copycats as a
Percentage of All Crime Guns. 1990-2001
TabM , ....... d Anault _ .. ..- and COpycMII
Perc-.u .. " All C ....... 0 ...... 1".2081
~ - - - - - ~ ~ ~ ~ ~ ~ ~ - - - - - - - - ;
LlZ'I. .."..
'"
u ..
,.,
"'"
1990 1991 1992 1993 19G4 1995 1996 1997 1998 1m 2000 2001
"'* -B...-d.-a _apo ... _ so.- _ ty ..... In ... F_ -.uti We.",... N:I. CcpJcI"
... CJI.ftI tit'IfM b -.:I _1lo1_ niMIt CMIIOK ...... nI ." WIdI ... t.tI.
24
173 of 290
A-1540
Case 1:13-cv-00291-WMS Document 84- 2 Filed 06121/13 Page 27 of 30
Endnotes
1 . 60 Minult:S, CBS New:; Tr anscr ipts, Sunday, FelHuary 5, 1995. "Does Hris violate t he spir it
and int ent of t he law? Absolutely. Should they be doing thi s? No, And I t hink it does say that
t here are craven interests out there who simplv Vlant to use this l egislation t o prof iteer w herever
they possihly can. And I can IlSSlJre you if I can f i gure a way t o sorop it, I'll Try to do thill.
2. The law states, "The term' semiautomat ic assault weapon' means-tAl any of the firearms,
or copies or duplicates of The f irearms in any caliher, known as-Ii) Norinco, Mitchell, and Poly
Technologies Avtomat Kalashnikovs lall modals); (ii) Action Arms Israeli Military Industries UZI and
Gal il; (iii ) Beretta Ar70 (5C-70 ); (i vl Col t AR- 15; M Fabrique National FN/ FAL, FN/ LAA, and FNC;
(vi) 5WD - 10, M- 11 / 9, and M-12; (vii ) Steyr AUG; (viii ) INTRATEC TEe-9, TEC-De9 and TEC-22;
emu (ix) revol ving (;ylinder shot\l um:i, :::iuch (I:::i lor :::i imilar to) the Str etH Sweeper emu Striker 12 ..
3. Assault weapons that have not been reintroduced are the Beretta AR70, Street Sweeper and
St ri ker 12 assault shotguns (t he latter t wo guns were re-classi f i ed by t he Bureau of Alcohol,
Tobacco, Firearms and Explosives IATF) as subject to t he strict regulations of the National Firearms
Act of 1934), and Steyr AUG, although Steyr has begun market ing a new assault weapon-t he
Vector -th"t, like the AUG, is of a bul lpup design.
4 With respect to high-capacity ammunition magazines, manufacturers stockpiled hundreds of
thousands, or perhaps millions, of magazines before the ban took effect . Those magazines-some
of which can hold up to 75 round$; of ilmmllnitioo -are !'>t ill widely ilvaililhle. At t he same time, pre-
ban magazines are imported to t he Unit ed Stat es from around t he wor ld.
5. Siebel, Br ien, at al ., On Tarr;r:t - n,t; fmpi:fct of tire 1994 Fedt;ri:ff ASSilUft Weapuns Act,
(Washington, DC: Brady Center to Prevent Gun Viol ence, 2004).
6. Although On Target stales t hal the "study was prepared by lhe Brady Center t o Prevent
Gun Viol ence, using data obtained and analyzed by t he experts at Cri me Gun Sol uti ons LLC, in
conversat ions with VPC steff, Crime Gun Soluti ons st aff have st ated that the company only
computed the trace numbers, and did not offer any speci fic analysis of the data nor what it may
represen t as regards the effecti veness of t he 1994 assault weapons ban.
7. The explanation for t his approach is offered in endnot e 37 of t he study: "During thasa
years 11 990 t o 20011. ATF steadily increased t he number of guns t raced, as more and more lew
enforcement agencies throughout t he United States engaged in comprehensive crime gun tracing.
For this reason, simply count ing the absolut e number of assaul t weapons t raced t o crime over the
relevent period would not accurately capture the impact of the Federal Assaul t Weapons Act ."
8. The Youth Crime Gun Interdiction Initiative - Crime Gun Trace Reports (2000) NarionJ1
Report, (Washingt on, DC: Department of t he Treasury, Bureau of Alcohol, Tobacco and Firearms.
20021: 5.
9. The Youth Crime Gurr Intr:rdic:tiorr fnitiative - Crime Gun Trdc.:e Reports (2002) National
Report, (Washingt on, DC: Department ot t he Treasury, Bureau ot Alcohol, Tobacco and Firearms,
20021: 17.
10. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF1. variOUS sources_
25
174 of 290
A-1541
Case 1:13-cv-00291-WMS Document 84- 2 Filed 06121/13 Page 28 of 30
11 . The Youlh Coine Guo Interdictioo Inilialive - Crime Gun Trace Reaorts (2000) National
Report, {Washington, DC: Department of t he Treasury, Bureau of Alcohol, robacco and Fi rearms,
2002f: 30; The Youth Crime Gun Interdiction IniTiative - Crime Gon Trace Reports (f999) National
Report, (Washington, DC: Depart ment of the Treasury, Bureau of Alcohol, Tobacco and Firearms,
2000L 24.
12. The Youth Crime Gun Interdiction Initiative - Crime Gun Trace Reports (2002) National
Report, (Washington, DC: Department of t he Treasury, Bureau of Alcohol, Tobacco and Firearms,
20021: 3 1.
13. Siebel, Br ian, et aI., On T8rget - The Impact 01 the 1994 Federal Assault Weapons Act,
(Washingt on, DC: Brady Center to Prevent Gun Viol ence, 2004)' 9
14_ The study states: " To det ermine t he extent to which the gun industry has been successful
in undercutting the Act, the Brady Center ask.ed eGS to evaluate t racing data f or copycat assault
weapons. CGS included copycat AK and AR- 15 assault weapons ident ified by name by the
Cal ifornia Department of Justice as models t hat arc only' variat ions, w it h minor differences' of
those firearms, regardless of t he manuf act urer. Certainl y these weapons should be considered
copycats under the Federal Act In additi on, CGS counted all other AK and AA- 1 'j models listed in
the ATF datahase, regardless of the manufacturer. (These l l n ~ Fire identi f ied in Appendix 2.) The
Br ady Center asked CGS to consider addi t ional firear m modals beyond AK or AR- 15 variat ions that
are identified in legislC! tion pending in t he United StC!tes House of Represent atives (H.R. 2038.
introduced by Representat ive McCart hy) . and in the Uni ted St at es Senate (S. 1431, introduced by
Senator l autenbergl. The intent of t he bills is to expand t he l each of the Federal Assault Weapons
Act to encompass a more comprehensi ve set of military-st yle guns. (A list of the assault weapons
banned by name in H.R. 2038 and S. 1431 i s given in Appendix 3. ) According to CGS's analysis of
t he ATF tracing data. only a few of t hese additi onal guns have been traced in quantiti es significant
enough to affect the analysis. a t t hese guns wi t h si gni f icant t race counts, only one gun-the
Intratec A8- 10 - coul d be considered a . copy or duplicate' of a gun banned in t he 1994 Act and it
wos ther efore included. The other guns with signif icont t roce count s- t he Hi-Point Corbine, the
Ruger Mi ni 14, various iterations of the Ml Carbine, and var ious SKS models- ror the most par t pre-
dated the 1994 Act but were not included by Congress in the def ini tion of assault weapons. They,
therefore, hilve not been included in this il nil lysi s of the incidence of COflYCilt ilssil ult weilpons
among overall crime gun traces."
1 5. Siebel. Br iell. et al.. On Target - Tile lmaael ollhe 1994 Federal Assault Weapons Act,
(Washingt on, DC: Brady Cent er t o Prevent Gun Viol ence, 2004): 11 - 12.
16. Siebel, Br ian, et aI., On Target - The fmpact of the f 994 Federaf Assauft Weapons Act,
(Washington, DC: Brody Center to Prevent Gun Viol ence, 2004): 9 .
1 7_ Siebel, Brian, et al., On T8rget - The fmpact of the 1994 Federaf ASS8uft Weapons Act,
(Washington, DC: Brady Center to Prevent Gun Viol ence, 2004): 13.
18_ Siebel, Brian, et aI., On T8rget - The fmpact of the 1994 Federaf Assault Weapons Act,
(Washington, DC: Brady Center t o Prevent Gun Viol ence, 2004): 10.
19. Siebel, Br ien, et aI., On Target - The Impact 01 the 1994 Federal Assault Weapons Act,
26
175 of 290
A-1542
20. Siebel. Brian, et al.. On Targel - TfJe fmtJac/ of the 1994 Federal Assault Weapons Act,
21. The uAssault Weapons Ban and Law Enforcement Protection Act of 2003
n
sponsored by
Senator Frank. Lautenberg (O-NJ) and Representative Carolyn McCarthy (O-NY) improves the current
federal assault weapons ban and addresses industry efforts to evade t he ban. The legislation lists
additional assault weapons by name and improves the objective standards def inition f or what
consti t utes an assault weapon. For more information, visi t the VPC website
www.banassaultweapons.org.
22. Siebel, Brien, at al.. On T8rget - The Impact of the 1994 Federal Ass8ult We8pons Act,
(Washington, D ~ Brady Center to Prevent Gun Violence, 2004)' 12.
23. Source: ATF tracing data, analysis by Violence Policy Center
24. Source: ATF tracing data, analysis by Vi olence Policy Center.
25. Source: ATF trecing deta, enalysis by Violence Policy Center.
26. Source: ATF traci ng data, analysis by Violence Poli cy Center.
27. 18 USC Section 925(dH3) .
28. Langley, Marty, Where'd Thev Get Their Guns?- An Analysis of the Firearms Used in High-
Profile Shootings, 1963 to 2001, (Washington, DC: Violence Policy Center, 2001): 74.
29. Rand. Kristen and Langley. Marty, NOflicer D o w n ~ - Assault Weapons and the War on Law
Enforcement, (Washington, DC: Violence Policy Center, 2003): 2.
30. Rand, Kristen and Langley. Marty, NOfficef D o w n ~ Assault Weapons and the Waf on Law
Enforcement, (Washington, DC: Violence Policy Center, 2003): 2.
3 1 . Langley, Marty, Where'd Thev Get Their Guns? An Analysis of the Firearms Used in High
Profile Shoofings, 1963 {Q 2001, (Washi ngton. DC; Violence Policy Center, 2001); 70.
32. Langley, Marty, Where'd Thev Get Their Guns?- An AnalVsis of the Firearms Used in Hlgh-
33. Langley, Marty, Where'd Thev Get Their Guns?- An An8lysis of the Fire8rms Used in Nigh-
34. Langley, Marty, Where'd Thev Get Their Guns?- An An8lysis of the Fire8rms Used in High-
Profile Shootings, 1963 to 2001, (Washington. DC: Violence Policy Center, 2001): 65
35. Longl ey, Marty, Where'd Thev Get Their Guns?-An Analysis of the Firearms Used in High-
Profile Shootings, 1963 to 2001, (Washington, DC: Viol ence Policy Center, 2001): 64 .
Profile Shootings, 1963 to 2001, (Washington, DC: Violence Policy Center, 2001) : 58.
27
176 of 290
A-1543
37. Langley, Marty. Where'd Thev Gel Their Guos?- An Analysis of the Firearms Used in High-
38. Langley, Marty. Where'd They Get Their Guns?- An Analysis of the Firearms Used in High-
Profile Shootings, 1963 to 2007, (Washington, DC: Violence Policy Center, 2001): 47 .
39. Langley, Where'd Thev Get Their Guns?- An Analysis of the Firearms Used in High-
Profile Shootings, 1963(02001, (Washington, DC: Violence Policy Center, 2001): 44.
40. Langley, Marty, Where'd They Get Their Guns?- An Analysis of the Firearms Used in HI.qh-
Profile Shoorings, 1963 to 2001 , (Washington, DC Violence Policy Center, 2001): 38
4 1_ Langley, Marty, Where'd Thev Get Their Guns?- An Analysis of the Firearms Used'-n HJgh-
Profile Shootings, 1963 to 2001 , (Washington, DC: Violence Policy Center, 2001)' 16
Profile Shootings, 1963 to 2001 . (Washington, DC: Violence Policy Center, 2001): 15 .
43. Tom Jackman and Josh White. "Malvo is Sentenced to life; Teen Convicted in Fairf ax May
Plead Guilty in Other Sniper Attacks, U The Washington Post, 11 March 2004.
44. Rand, Kristen and Langley, Marty, "Officet Assault Weapons and the Wat on Law
Enforcement, (Washington, DC; Violence Policy Center, 2003); 5,
45. Mark Bowes, " 6-year-old . clinging to lite' -A dispute between' thugs' led to t he wounding
of a gi rl sitting in a van in a parking lot. poli ce Richmond Times Dispatch. TimesDispatch.com,
25 March 2004 .
28
177 of 290
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HEADLINE: In Virginia, high-yield clip seizures rise

BYLINE: David S. Fallis;J ames V. Grimaldi

BODY:
The number of guns with high-capacity magazines seized by Virginia police dropped during a decade-long federal
prohibition on assault weapons, but the rate has rebounded sharply since the ban was lifted in late 2004, according to a
Washington Post analysis.
More than 15,000 guns equipped with high-capacity magazines - defined under the lapsed federal law as holding 11
or more bullets - have been seized by Virginia police in a wide range of investigations since 1993, the data show.
The role of high-capacity magazines in gun crime was thrust into the national spotlight two weeks ago when
22-year-old J ared Lee Loughner allegedly opened fire with a semiautomatic handgun outside a Tucson grocery store,
killing six and wounding 13, including Rep. Gabrielle Giffords (D-Ariz.). Authorities say Loughner used a legally pur-
chased 9mmGlock 19 handgun with a 31-round clip and was tackled while changing magazines.
Of the seized Virginia weapons, 2,000 had magazines with a capacity of 30 or more bullets. Some states, including
California and Maryland, still limit magazine capacity to 10 rounds.
Last year in Virginia, guns with high-capacity magazines amounted to 22 percent of the weapons recovered and
reported by police. In 2004, when the ban expired, the rate had reached a low of 10 percent. In each year since then, the
rate has gone up.
"Maybe the federal ban was finally starting to make a dent in the market by the time it ended," said Christopher
Koper, head of research at the Police Executive Research Forum, who studied the assault weapons ban for the National
Institute of J ustice, the research armof the J ustice Department.
Congress is considering legislation to reinstitute the assault weapon ban's prohibition on high-capacity magazines, a
measure strongly opposed by gun rights advocates.
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In Virginia, high-yield clip seizures rise The Washington Post J anuary 23, 2011 Sunday Correction Appended
The analysis of the Virginia records, obtained under the state's public information law, provides a rare window into
the firepower of guns used in crimes. The Bureau of Alcohol, Tobacco, Firearms and Explosives, which traces guns for
local police agencies and regulates the firearms industry, does not track magazine sizes. Academic researchers said they
were unaware of any other comprehensive study of firearms magazines.
The pattern in Virginia "may be a pivotal piece of evidence" that the assault weapons ban eventually had an impact
on the proliferation of high-capacity magazines on the streets, said Garen Wintemute, head of the Violence Prevention
Research Programat the University of California at Davis.
"Many people, me included, were skeptical about the chances that the magazine ban would make a difference back
in 1994," Wintemute said. "But what I amseeing here is that after a few years' lag time the prevalence of high-capacity
magazines was declining. The increase since the ban's repeal is quite striking."
Guns with high-capacity magazines have appeared in Virginia crimes ranging fromthe mundane to the murderous.
The Post found that 200 guns with high-capacity magazines figured in Virginia homicides, including these incidents:
lIn Richmond in 2003, Michael Antoine Wilson, 21, used his semiautomatic rifle with its 30-round magazine to
shoot his 17-year-old girlfriend to death in front of children and relatives. Then he went to a nearby convenience store,
killed two workers and stole a van before turning the gun on himself.
lIn Roanoke in 2004, Marcus J erome Nance, 22, used his legally purchased 9mmGlock 17 handgun with a
high-capacity magazine to spray 33 bullets into a crowd that had gathered outside a Roanoke gas station after a night-
club closing, killing one and wounding two.
lIn Newport News last year, Antonio Johnson, 34, began shooting at police during a traffic stop with a 9mmsemi-
automatic handgun outfitted with a 15-round magazine. "Subject shot police officer and then killed himself with weap-
on," state records say.
In the Arizona shootings, Loughner allegedly used a Glock 19 that he had legally purchased at a Tucson sporting
goods store in November. The gun's capacity allowed Loughner to squeeze off more than 30 shots without reloading,
authorities said.
The federal assault weapons ban fromlate 1994 through late 2004 prohibited the manufacturing of magazines ca-
pable of holding more than 10 rounds. But the act permitted the sale of magazines manufactured before the ban.
The federal prohibition was spurred by a mass killing in 1989 in Stockton, Calif., where Patrick Edward Purdy, 24,
a mentally unbalanced drug addict, fired 110 shots froman AK-47 into a schoolyard, killing five children and wounding
29 others and a teacher. He used a 75-round rotary clip and a 35-round banana clip, one of four he was carrying.
Rep. Carolyn McCarthy (N.Y.) and 57 other Democrats proposed legislation last week to ban the sale or transfer of
high-capacity magazines, no matter when they were manufactured. McCarthy's husband and five others were killed in
1993 on the Long Island Rail Road by a gunman armed with a semiautomatic pistol and four 15-round magazines. He
fired 30 shots before being subdued while changing magazines.
The bill's prospects are considered slimin the Republican-controlled House. In the Senate, the National Rifle Asso-
ciation says it has a solid 50-senator pro-gun block that could delay any legislation.
The NRA has announced its opposition to proposals that limit magazine capacity.
"These magazines are standard equipment for self-defense handguns and other firearms owned by tens of millions
of Americans," according to a statement on its politics Web page, and in a letter circulating to members of Congress.
"Law-abiding private citizens choose themfor many reasons, including the same reason police officers do: to improve
their odds in defensive situations."
The firearms industry also opposes the proposal. "The tragedy in Tucson was not about firearms, ammunition or
magazine capacity," said Ted Novin, a spokesman for the National Shooting Sports Foundation, a gun industry group.
"It was about the actions of a madman. Period."
The analysis by The Post is possible because of a little-known database of guns seized in Virginia. The database,
called the Criminal Firearms Clearinghouse, has information on more than 100,000 firearms recovered by more than
200 local police departments since 1993. A federal law in 2003, known as the Tiahrt Amendment after the congressman
who sponsored it, banned the release of federal data on guns recovered in crimes.
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Last year, The Post mined the database to pierce the secrecy imposed by Congress on federal gun-tracing records.
The analysis found that a fraction of licensed dealers in Virginia sell most of guns later seized by police. The vast ma-
jority of the guns in the database were confiscated because of illegal-possession charges. But thousands were swept up
in the wake of assaults, robberies and shootings.
Two months before the ban expired in September 2004, Marcus Nance bought an extended magazine and a 9mm
Glock 17 handgun at a Roanoke gun store. Three nights later, down the street fromthe store, Nance opened fire on a
crowded parking lot after arguing and fighting with people in the crowd.
A police officer called to investigate a disturbance heard shots and saw Nance holding a gun at arm's length and
firing "randomly into the mass of people" before shooting several rounds into the air.
A police car's dashboard camera recorded the jackhammer sound of gunfire. In a car parked nearby, police found a
Glock gun box and two boxes of ammunition, one of thempartially empty.
Police went to the gun shop and confirmed that Nance had bought the handgun ($555), a laser sight ($380) and two
extended magazines ($135), paying cash in an entirely legal transaction. Police noted: "The magazines in question were
manufactured before 1994 and not considered prohibited."
Nance, who said he had been attacked by members of the crowd and shot in self-defense, was convicted of se-
cond-degree murder and is in prison.
Koper's 108-page 2004 study for the National Institute of J ustice found the ban on assault weapons had mixed re-
sults.
"Assault weapons were rarely used in gun crimes even before the ban," he said in the report. But he also concluded
that the prohibition on high-capacity magazines might have affected public safety, because such magazines allow
shooters to inflict more damage.
"Tentatively I was able to show that guns associated with large-capacity magazines tended to be associated with
more serious crimes, more serious outcomes," he said.
Some gun rights activists argue that a ban on high-capacity magazines would violate the Second Amendment right
to bear arms. One prominent gun rights activist who takes a less absolute position is Robert A. Levy, chairman of the
Cato Institute. He is also the lawyer who brought the case that overturned D.C.'s handgun ban.
But Levy said the government would need to prove that such a ban was effective.
"The burden is on the government, not on the individual to show that the regulation isn't unduly intrusive," Levy
said.
Colin Goddard, a lobbyist for the Brady Campaign to Prevent Gun Violence and a victim of the 2007 Virginia Tech
shootings, said the high-capacity ban could save lives. The Virginia Tech shooter, Seung Hui Cho, used several
15-round magazines to fire 174 shots and kill 32 people in the worst gun-related mass murder by an individual in U.S.
history.
"When you double and triple the amount of the clip size, you don't double or triple the number of deer you kill, you
double and triple the amount of innocent people who are killed in shootings like this," said Goddard, 25, who was shot
four times by Cho.
Bradley A. Buckles, ATF director from1999 to 2004, said bureau officials advised Congress to focus on
high-capacity magazines, which were "completely unregulated" and had almost no sporting purpose.
"The whole thing with magazine capacity came out of ATF," Buckles said. "It wasn't so much guns, but it was
firepower. What made themmore deadly than a hunting rifle was the fact that you could have a 20-round, 30-round clip,
when most hunting rifles wouldn't have more than five rounds."
Buckles said lawmakers should have extended the ban on high-capacity magazines in 2004. Banning themnow, he
said, just puts everyone back at square one.
"There are so many millions of themout there, it probably wouldn't make any immediate difference over the course
of 20 years," Buckles said. "It is not a short-termsolution to anything."
fallisd@washpost.com
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grimaldij@washpost.com
Research editor Alice Crites contributed to this report.

CORRECTION-DATE: J anuary 24, 2011

CORRECTION:
A J an. 23 Page One article about guns seized by police in Virginia misstated Maryland's limit on the capacity of
gun magazines. Maryland law limits magazines to 20 bullets, not 10.

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Copyright 2013 Washingtonpost.Newsweek Interactive Company, LLC d/b/a Washington Post Digital
All Rights Reserved

Washingtonpost.com

J anuary 13, 2013 Sunday 8:13 PM EST

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LENGTH: 1381 words

HEADLINE: High-capacity magazines saw drop during ban, data indicate

BYLINE: David S. Fallis

BODY:
During the 10-year federal ban on assault weapons, the percentage of firearms equipped with high-capacity maga-
zines seized by police agencies in Virginia dropped, only to rise sharply once the restrictions were lifted in 2004, ac-
cording to an analysis by The Washington Post.
The White House is leading a push to reinstate a national ban on large-capacity magazines and assault weapons af-
ter a gunman armed with an AR-15 and 30-round magazines killed 20 children and seven adults in Connecticut. Vice
President Biden has been holding advisory meetings to hammer out a course of action that will address the issue of the
larger magazines, which under the lapsed federal ban were those that held 11 or more rounds of ammunition.
In Virginia, The Post found that the rate at which police recovered firearms with high-capacity magazines - mostly
handguns and, to a smaller extent, rifles - began to drop around 1998, four years into the ban. It hit a low of 9 percent of
the total number of guns recovered the year the ban expired, 2004.
The next year, the rate began to climb and continued to rise in subsequent years, reaching 20 percent in 2010, ac-
cording to the analysis of a little-known Virginia database of guns recovered by police. In the period The Post studied,
police in Virginia recovered more than 100,000 firearms, more than 14,000 of which had high-capacity magazines.
Researchers see impact
To some researchers, the snapshot in Virginia suggests that the federal ban may have started to curb the widespread
availability of the larger magazines.
"I was skeptical that the ban would be effective, and I was wrong," said Garen Wintemute, head of the Violence
Prevention Research Programat the University of California at Davis School of Medicine. The database analysis offers
"about as clear an example as we could ask for of evidence that the ban was working."
The analysis is based on an examination of the Criminal Firearms Clearinghouse, a database obtained fromstate
police under Virginia's public information law. The data, which were first studied by The Post in 2011, offer a rare
glimpse into the size of the magazines of guns seized during criminal investigations. The Bureau of Alcohol, Tobacco,
Firearms and Explosives, which traces guns and regulates the industry, tracks details about the guns seized after crimes
but not the magazine size.
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High-capacity magazines saw drop during ban, data indicate Washingtonpost.comJ anuary 13, 2013 Sunday 8:13 PM
EST
The initial Post analysis was prompted by a mass shooting in Tucson. J ared Lee Loughner - armed with a legally
purchased 9mmsemiautomatic handgun and a 33-round magazine - opened fire outside a grocery store, killing six peo-
ple and wounding 13, including Rep. Gabrielle Giffords (D-Ariz.).
In the following two years, a succession of mass shootings has occurred, including several in which the gunmen
reportedly had high-capacity magazines.
At the Dec. 14 shooting in Newtown, Conn., the gunman was reported to have been armed with two handguns, an
AR-15 rifle and numerous 30-round magazines. He killed himself at the scene. The guns were legally purchased by his
mother.
The federal ban that expired in 2004 prohibited the manufacture of magazines capable of
holding more than 10 rounds. But the law permitted the sale of magazines manufactured before the ban. By some esti-
mates, 25 million of the large-capacity magazines were still on the market in 1995.
Many semiautomatic rifles and semiautomatic handguns accept magazines of various sizes. Larger
magazines increase a gun's firepower, enabling more shots before reloading.
The Virginia database analyzed by The Post lists about three-quarters of guns recovered by police, missing the rest
because some agencies failed to report their recoveries to the state. The database contains details about more than
100,000 guns recovered by 200 police departments in a wide range of investigations from 1993 through August 2010,
when The Post last obtained it.
In recent weeks, The Post conducted additional analysis into the type of guns confiscated with large-capacity mag-
azines. The guns included Glock and TEC-9 handguns and Bushmaster rifles. Most had magazines ranging from11 to
30 rounds.
Of 14,478 guns equipped with large-capacity magazines that were confiscated by police, more than 87 percent -
12,664 - were classified as semiautomatic pistols. The remainder were mostly semiautomatic rifles.
The Post also identified and excluded fromthe counts more than 1,000 .22-caliber rifles with
large-capacity tubular magazines, which were not subject to the ban.
In Virginia, handguns outfitted with large-capacity magazines saw the biggest fluctuation during and after the ban.
In 1997, three years into the ban, police across the state reported seizing 944 handguns with large-capacity maga-
zines. In 2004, the year the ban ended, they confiscated 452. In 2009, the last full year for which data were available,
the number had rebounded to 986 handguns, analysis showed.
Of these, the single biggest group were handguns equipped with 15-round magazines, accounting overall for 4,270
firearms over the 18 years.
Effect hard to measure
Nationwide, researchers who studied the federal ban had difficulty determining its effect, in part because weapons
and magazines manufactured before the ban could still be sold and in part because most criminals do not use assault
weapons.
Christopher Koper, who studied the ban's effect for the National Institute of J ustice, the research armof the J ustice
Department, noted in a 2004 report that the "success in reducing criminal use of the banned guns and magazines has
been mixed."
He found that gun crimes involving assault weapons declined between 17 and 72 percent in the six cities covered in
the study - Anchorage, Baltimore, Boston, Miami, Milwaukee and St. Louis. But he said he found no decline in crimes
committed with other guns with large-capacity magazines, most likely "due to the immense stock of exempted pre-ban
magazines."
Koper's study tracked guns through 2003. He said that The Post's findings, which looked at magazine capacity of
guns recovered in Virginia before and after 2003, suggests that "maybe the federal ban was finally starting to make a
dent in the market by the time it ended."
Koper, now an associate professor of criminology at George Mason University, also noted the ban on high-capacity
magazines might improve public safety because larger magazines enable shooters to inflict more damage.
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High-capacity magazines saw drop during ban, data indicate Washingtonpost.comJ anuary 13, 2013 Sunday 8:13 PM
EST
The use of high-capacity magazines is a contentious point in the gun debate.
"Anyone who's thought seriously about armed self-defense knows why honest Americans - private citizens and po-
lice alike - choose magazines that hold more than 10 rounds. Quite simply, they improve good people's odds in defen-
sive situations," Chris W. Cox, the executive director of the National Rifle Association's legislative institute wrote in a
piece posted online. He called the ban a "dismal failure."
The federal prohibition on high-capacity magazines and assault weapons was spurred in part by the 1989 mass kill-
ing in Stockton, Calif. Patrick Edward Purdy, a mentally unbalanced drug addict, fired 110 rounds froman AK-47 into a
schoolyard, killing five children and wounding 29 others and a teacher. Purdy used a 75-round drummagazine and a
35-round banana clip, one of four he carried.
Some states still limit magazine size. Maryland limits the size to 20 rounds; California limits it to 10. Connecticut,
the location of Sandy Hook Elementary School, does not.
After Giffords's shooting, Rep. Carolyn McCarthy (N.Y.) and other Democrats proposed legislation to ban the sale
or transfer of high-capacity magazines. McCarthy's husband and five others were killed in 1993 on the Long Island Rail
Road by a gunman armed with a semiautomatic pistol and four 15-round magazines. He fired 30 shots before being
subdued as he swapped magazines.
In the wake of the Newtown shooting, President Obama and lawmakers urged that a ban on assault weapons and
high-capacity magazines be made permanent.
The NRA and the National Shooting Sports Foundation, a gun industry group, have historically opposed any re-
strictions on magazine capacity. The NRA did not respond to requests for comment, and the sports foundation declined
to comment.
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Giffords Tucson Shooting: Arizona Heroes Subdued Alleged Gunman... http://abcnews. go.comlUS/heroes-rep-gabrielle-giffords-shooting-tuc ...
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Heroes of Thcson Shooting: 'Something Had to Be Done'
By JESSICA HOPPER, KEV1N DOLAK and LA UREN SHER
Jan. 10, 2011- abcnews.go.com
Retired Army Colonel Helped Subdue Gunman, Bullet Grazed the Back of His Head
A 74-year-old retired Army colonel decided to tackle the Tucson gunman after watching him.
"Something had to be done, It Bill Badger said today on "."
Badger wasn't the only one who risked his life to stop the carnage. One man clobbered on the back of
the head with a folding chair. A 61-year-old woman wrestled a fresh magazine away from Loughner as
he tried to reload.
Others jumped on him and held him down, ripping the gun from his hands.
Six people were killed in Saturday's shooting rampage at the Tucson, Ariz., grocery store, and Rep.
was left fighting for her life.
Badger was waiting in line to meet Giffords at the "Congress on Your Comer" event when he heard
gun shots.
"I turned and dropped to the ground, and I felt a sting in the back of the head, and that's where he shot
me, in the back ofthe head. I knew I'd been hit," Badger said.
Badger, who was treated for the injury at the University Medical Center and released, is among those
who've been hailed as heroes for subduing and stopping further carnage after a shooting that left .
" [Loughner] was standing right in front of me. He took about a half a step to my left and some
individual there took one of the folding chairs ... and hit him on the back of the head, and I was able to
grab him," Badger said.
Together, Badger and another man pushed the suspected shooter to the ground.
Woman Stopped Thcson Shooter From Reloading
Patricia Maisch, 61, was in the back of the line, waiting to greet and take a photo with Giffords. When
she heard gun shots, she hit the ground.
"I'm waiting to be shot because the lady next to me had been shot," Maisch said. "At the same time,
someone says, 'Get the magazine.'"
Loughner allegedly used a legally purchased Glock 19-9 mm gun with an extended magazine to carry
out the shootings.
Maisch grabbed the second magazine that Loughner was attempting to load into the gun.
Badger then helped tackle Loughner. Badger and Roger Salzgeber, who was reportedly standing with
his wife, third in line to meet with Giffords, sat on the gunman while Maisch held his ankles down.
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"When we pushed him to the ground, there was no struggle and no fight," Badger said. "I had this guy
by the throat ... in a chokehold."
Salzgeber isn't ready to comment on his role in stopping the gunman, saying that he's still "dealing with
it all."
Joseph Zamudio was at a nearby Walgreens when he heard the ring of gunshots.
"1 heard the gunshots and came running," Zamudio said on "GMA."
Zamudio helped restrain Loughner by hanging onto his legs.
Another individual grabbed the gun from Loughner, Badger said.
911 Call Detail Thcson Rampage
As Badger was tackling the man spraying bullets at innocent bystanders, Badger's wife was frantically
calling 911, seeking information about her husband.
"My husband just called me and told me he was shot. He was going to the Gabrielle Gifford event, and
I don't know where he is," Badger told 911. "He called me and then the phone went dead."
Badger's 911 call was one of several that even left operators losing their composure.
"Oh my God," exclaimed a 911 operator who got the first report of the carnage.
Badger was among those struggling, according to Maisch. When she noticed the blood coming from
the back of his head, she asked Zimude to hold down the shooter while she went to get paper towels
and made a compress.
Maisch was thankful for the heroic actions of Badger and others at the scene.
"He saved my life," she told "GMA."
"Those two gentlemen saved my life."
Pima County Sheriff Clarence Dupnik lauded the actions of Maisch and others that he said likely
saved dozens of lives.
"We could have had 31 more people shot," Dupnik said.
One of Congresswoman Giffords' interns, 20-year-old Daniel Hernandez, has been credited with
helping keep Giffords alive after she was shot in the head.
"When I heard gunshots, my first instinct was to head toward the congresswoman to make sure that
she was okay," Hernandez told Amanpour. "Once I saw that she was down and there were more than
one victim, I went ahead and started doing the limited triage that I could with what I had."
Hernandez held Giffords, applying pressure to her wound. He used smocks from the grocery store as a
bandage.
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"The congresswoman was alert. She was able to hold my hand when I asked her if she could hear me,"
Hemendez said. "I wasn't able to get any words from her. She may have been trying, but because of
the way that I was having to hold her it was a lot easier to just 'if you can hear me Gabby just grab my
hand to let me know that you're okay.'"
Giffords remains in critical condition in a medically induced coma with part of her skull removed to
ease pressure on her brain.
Loughner has been charged with multiple counts of murder and attempted murder. He will make his
first court appearance later today.
Copyright 2013 ABC News Internet Ventures
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Texas Capitol Gunman Was Reloading When Troopers Tackled Him http://gray.printthis.clickability.com/pt/cpt?expire=&title=Texas+Capi...
lofl
E@ PRINTTHIS
Powered by ..
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Texas Capitol Gunman Was Reloading When Troopers
Tackled Him
AUSTIN (January 22, 2010)--A man who fired
several shots Thursday outside the Texas Capitol
was trying to reload his weapon when Department
of Public Safety troopers confronted him and
tackled him to the ground, according to court
records.
Fausto Cardenas remained In Travis County's jail
Friday, charged with deadly conduct.
His bond was set at $250,000.
An arrest affidavit filed Friday describes the
shooting incident, which happened on the south
steps of the Capitol.
State Trooper Husain Roussel spotted Cardenas outside the Capitol after hearing shots ring
out, the affidavit said.
He saw Cardenas "reloading a magazine" and noticed a pistol in his waistband and empty
shell casings where Cardenas was standing, the affidavit said.
State troopers tackled Cardenas, 24, and arrested him.
No one was injured in the shooting, which briefly shut down the Capitol.
Next Story >
Find this article at:
http://WNW.kwtx.comihorrelheadlinesl82435837 . htrnl
o Check the box to include the list of links referenced in the article.
Copyright 2002-2010 - Gray Television Group, Inc.
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Church Gunman Brought 76 Shells and Expected to Use Them
By MARK MOONEY
July 28, 2008-
Church Shooter Expected to Kill Until He Was KiUed
abcnews.go.com
The gunman who yesterday shot up a Tennessee church that embraced gays and other liberal causes left behind a
long letter fuming that he couldn't fmd a job and expressing a profound "hatred for the liberal movement," police
said today.
Jim D. Adkisson, 58, ranted that "liberals and gays" taking jobs had prevented him from fmding work. He wrote that
he expected to keep shooting parishioners until the police showed up and killed him, Knoxville, Tenn., Police Chief
Sterling Owen told a news conference.
Owen said police recovered 76 shotgun shells after Adkisson allegedly opened flred in the sanctuary of the
Tennessee Valley Unitarian Universalist Church. Three shells had been flred before church members tackled
Adkisson, but two people were killed and five more wounded by the blasts before he was wrestled to the floor.
The angry gunman invaded the Knoxville church on Sunday and began blasting away as more than 200 parishioners
were packed inside to watch a children's performance of the musical "Annie."
Adkisson was tackled by church members when he paused to reload while terrified church members ducked beneath
pews or ran screaming from the church.
Investigating as a 'Hate Crime'
Adkisson, an out-of-work mechanical engineer, left a four-page letter in his car in the church parking lot in which he
railed against liberals and the fact that he had been unable to get a job since 2006. Owen said Adkisson was also
angry that his food stamps were about to be reduced or eliminated.
"It appears what brought him to this horrible event was his lack of being able to obtain a job, frustration over that
and his hatred for the liberal movement," Owen said.
The chieflater added, "He did express that frustration that the liberal movement was getting more jobs and he was
being kept out of the loop because of his age" and because he wasn't liberal.
"It appears he did choose that church intentionally," Owen said, possibly after it had received some publicity for its
advocacy of liberal causes. "We're certainly investigating it as a hate crime."
Owen said Adkisson had been preparing for his assault on the church "for a week or so."
But his anger had apparently been boiling over for a while. "I'm sure this is something that has been building for a
long time," Owen said.
Held on Murder Charges
Parishioner Barbara Kemper told the Associated Press that Adkisson said some "hateful things" before he started
shooting, but Owen would only say that the gunman spouted something that "wasn't very complimentary." Despite
the presence of the children, Owen said, "There was an indication he was not targeting the children." No children
were injured in the barrage.
Because many parents in the church was believed to be filming the show, police are looking for video evidence of
the rampage.
Owen said he believed that Adkisson was a former member of the Army's 101st Airborne Division and that he
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purchased the shotgun from a pawn shop. His only previous brushes with the law were a pair of driving under the
influence charges.
The alleged gunman told police that "he had no next of kin and no family," Owen said.
Adkisson has been charged with flrst-degree murder and was being held on $1 million bail under "close
observation," Knox County Sheriffs OffIce spokeswoman Martha Dolley said.
Hero Loses Life
The Tennessee Valley Unitarian Universalist Church promotes progressive social work, including advocacy of
women and gay rights. The Knoxville congregation also has provided sanctuary for political refugees, fed the
homeless and founded a chapter of the American Civil Liberties Union, according to its Web site.
Karen Massey, a neighbor to Adkisson, told the Knoxville News Sentinel about a lengthy conversation she had with
Adkisson a few years ago in which she told him her daughter had just graduated from a Bible college. She said she
was surprised by his reaction when she told him she was a Christian.
"He almost turned angry," she told the newspaper. "He seemed to get angry at that. He said that everything in the
Bible contradicts itself if you read it." She also said Adkisson spoke frequently about his parents, who "made him go
to church all his life . . . . He acted like he was forced to do that."
The shooting instantly created heroes inside the crowded church.
Greg McKendry, 60, died as he attempted to block the gunflre. Kemper described the burly McKendry as "a
refrigerator with a head." She said McKendry "stood in the front of the gunman and took the blast to protect the rest
of us."
Church members said one of the people who tackled the gunman was John Bohstedt, who played "Daddy Warbucks"
in the performance.
A second victim was identified as Linda Kraeger, 61 . She died at a hospital hours later. Five of the wounded
remained hospitalized.
The Associated Press and Reuters contributed to this report
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I Education
SHOOTINGS IN A SCHOOLHOUSE: THE HERO; Wounded Teen-Ager Is Called a Hero
By JERE lO_
Publshed: May 23,1998
On Thursday, his 17th birthday, Jacob Ryker was sitting with friends in the school cafeteria, waiting for classes to begin, when a boy in a
trench coat walked in and began shooting.
The first shots were mistaken for firecrackers, a prank someone must have been pulling because of student election day at Thurston High
School. But Jacob's girlfriend, Jennifer Alldredge, was shot in the upper body. Jacob yelled, "Gun!" and stood up, but a bullet from a
.22-caliber semiautomatic rifle pierced his right lung, sending him tumbling backward over a cafeteria bench.
"He knew he had to tackle the guy or other people would be killed," said Jacob's mother, Linda Ryker, who is a school bus driver. "He told
me, 'He had been shooting people, and I wasn't going to let him shoot again.' "
Students and law enforcement officials say Jacob performed a heroic act, getting to his feet even though he had been wounded, subduing the
gunman --identified by the police as 15-year-old Kipland P. Kinkel -- and containing an attack that could have been much worse. Two
students were killed and 23 were injured in the shooting.
''They started with 300 or 400 kids in that cafeteria," said Mark Clark, a local minister and volunteer with the Springfield Fire Department
who had rushed to Thurston High. "It was jampacked, and if the boy had continued shooting, there is no way those kids could have gotten
out of there fast enough. He could have killed or hurt double or triple the number that he did."
At 6-foot-4 and 18S pounds, with close-cropped hair and a rawboned build, Jacob Ryker, a junior, had joined the wrestling team this year.
Gary Bowden, who coaches wrestling and teaches social studies at Thurston High, said that Jacob never backed down from a challenge.
"This was perfectly consistent with his character, thinking about other people instead of himself," Mr. Bowden said. "He was angry that his
girlfriend got shot. It was just like Jake to go after him. He wouldn't have been afraid."
The gunman walked up to a student who was lying on the floor, placed the rifle to her head and attempted to fire three times, but nothing
happened, said Joshua Ryker, Jacob's 14-year-old brother.
As the gunman began to reload and other panicked students dived for cover, Jacob untangled his foot from the bench and charged 10 to IS
feet toward the boy with the rifle. Jacob knocked the gunman to the floor, his brother and other students said.
"I saw hinI run up and jump on the guy, and the gun fell from his hands," said Dee Strother, 18, a Thurston senior. "Jake started pounding
him."
The Ryker brothers, like many others in rural Oregon, are familiar with guns. They often go hunting and target shooting with their father,
Robert, a Navy diver, and their uncle, Jake Meyer.
"He heard a click, and he knew the rifle was out of ammo," Robert Ryker said, "and he knew it was time to get the gun away."
Jacob struggled with the gunman, who pulled out a 9-millimeter handgun, Mr. Ryker said. Jacob grabbed at the gun as it was pointed
toward his face and it discharged, striking the knuckle on his left index finger, his father said.
Several other boys then joined in to subdue the gunman, including Joshua; two brothers, 18-year-old Doug Ure and ls-year-old David Ure,
and another student, Adam Walberger. The other boys were not injured.
As the boys waited for teachers and the police to arrive, Joshua said, the gunman said to them, "Just shoot me, shoot me now."
Jacob was listed in serious condition at Sacred Heart Medical Center in nearby Eugene.
,Joshua's father, a National Rifle Association member, said that Jacob had a .30-06 and Joshua had a .22-caliber rifle but that his boys were
not allowed to fire their weapons unless an adult was present.
''I'm proud of my sons and the other boys," Mr. Ryker said. "I don't know about this hero business. All the boys did what they had to do to
survive. They all did the right thing. When they had a chance to jump in, they did."
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DEATH ON THE L.I.R.R.: The Rampage; Gunman in a Train Aisle Passes Out Death
By FRANCIS X CLJ\ES
Publshed: December 09, 1993
When the gunman emptied his first clip into passengers at the rear of the car and stopped to reload, Kevin Zaleskie, crouching in panic a few
seats farther along, realized he had one small chance to flee before aim was taken at him as the stalker worked the aisle, shooting to the
right, then to the left, as methodical as ifhe were taking tickets.
'1 got up to run, but the aisle was jammed with someone," Mr. Zaleskie, a financial analyst for I.B.M., said today, recalling what he thought
would be the violent ending of his life amid the most banal routine of commuting home. "I didn't think I was going to get out. I was very
panicky. I ducked back down the seat. The guy was moving in my direction, shooting again." A Ticket and a Gun
The rampage by the gunman aboard the 5:33 evening commuter train from Pennsylvania Station had moved Mr. Zaleskie and 80 other
passengers in the third car from the easiest oflulling habits to an instantaneous scramble ofterror and fear.
A man intent on murder who carefully paid for his ticket back in New York City was firing methodically with a 9-millimeter pistol, a
hallmark of modern America's pathology of violence and fear. In three minutes of gunfire, he reduced the defenseless commuters in the third
car to casualties on a one-sided battlefield.
As the gunman was finally brought to ground, tackled by one brave passenger and pinned by two others as he sought to reload his pistol for a
third 15-shot rampage, David Farrell joined a reinforcement group that came from hiding to grab his legs and arms. "We held on and the
gunman said, 'Dh God, what did I do? What did I do? I deserve whatever I get.' "
One ofthe men who subdued him could be heard commanding again and again from within the bloody scrimmage: "Stay where you are.
Shut up. Shut up. Shut up."
Passengers farther away in the train would not discover the carnage until well after the gunman was subdued and the first of his 25 victims
limped or were carried onto the Long Island Rail Road platform. One passenger, William A Warshowsky, had scrambled for his life from the
gunman's approach, leaped with a crowd into the darkness from the stopped train and ran all the way home, finally checking his body for
wounds and celebrating his survival intact.
Another passenger, Margaret Richards, was amazed even beyond the bloodied windows and three victims she saw slumped tightly together
with head wounds, when she saw the gunman handcuffed later in a patrol car. "He was very calm. No emotions showing. Everything fine,
you know, 'durn-de-dUD1,' " she related., songlike. "And then someone came over from all the blood of the train and lost it and began
shouting, 'How can he be sitting there so calm after everything he did?' "
In the moment after the gunman had been subdued, Mr. Zaleskie had turned in his mind from the next likely victim to someone of
immeasurable good fortune. In a minute, he was taking offhis necktie and began making a touruiquet for a woman bleeding nearby,
delivered from the terrifying stalker.
"The guy kept coming down the aisle with the gun," Mr. Zaleskie related of the height of the carnage. "And I just put my briefcase in front of
my face and hunched down with two other people in the seat," he said, describing something close to fearful resignation. "He walked past,
still shooting. And I didn't feel any bullets," the passenger continued in a very tight, very grateful monotone of recollection and survival.
At this point, more than a score of passengers were already cast about the car, wounded and bleeding, and the gunman tended his pistol, the
second 15-shot clip exhausted.
"So he's reloading again and he was certainly going to keep shooting," Mr. Zaleskie recalled. "But someone yells, 'Grab him!' "
That was when one passenger tackled the gunman in the center of the car before he could get off another round and two more men piled onto
him. The killer was pinned in a seat in the blood- and gore-smeared third car of the train, which had come to a stop at the Merillon Avenue
station, panic spreading in all directions.
"A horror," said Mr. Zaleskie of the scene inside the car, suddenly quiet after the outrageous siege. "An absolute horror, and lying around in
the aisles and in the seats, you see these people you never quite got to know across years of commuting," he said, his tone tinged with
wonder. "Faces you recognize each day, but don't really know. And this horror has happened to them."
At the front of the car, Mr. Warshowsky had got up to wait by the door as the train approached the station when he heard the pop ofthe
9-millimeter gunfire and mistook it for something harmless, caps or fireworks. "A woman yelled, 'He's got a gun! He's shooting people!' " the
passenger recalled, saying he was instantly moving in an adrenal blur, jumping down into a seat to hide as the bullets sprayed about the car.
"I heard 15 shots," said the 26-year-old purchasing department worker at The New York Times. 'The gunman was pressing the trigger every
half second or so. Going side to side shooting people. Not rapid fire, but pressing the trigger steadily -- pop, pop, pop. When he stopped to
reload I made a run for the next car. We were trampling each other. I thought the guy was right at my back," said the New York City native,
in his second year of suburban life.
In the next car, the second in the 12-car train, some passengers, unaware of the killing going on next door, seemed annoyed at the unruly
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influx. "Be calm," one shouted at Mr. Warshowsky, who joined a crowd that manually forced open a door as the train pulled into the station.
He burst forth to freedom.
The gunman had moved backward down the aisle, suddenly, briefly, facing each victim as or after he fired. The gunman was identified by the
police today as Colin Ferguson, a 35-year-old native of the island of Jamaica who authorities said was a rage-filled individual from a
furnished room in Brooklyn.
Police officials reported that the suspect was canying scraps of angry notes cast in racist tones but directed across a spectrum of institutions
and ethnic groups, including whites, Asians and black officials police said he characterized in his angry jottings as corrupt and racist. None
of his victims was black, and police officials, who described his siege as methodical and inclusive, were unable to say whether there were
other black passengers aboard the train.
'This was the work of a deranged, maniacal person who for a variety of reasons decided to explode," said Chief Joseph Flynn of the Long
Island Rail Road police.
When Mr. Warshowsky began fleeing, he saw a conductor peer into the bloody third car from the second, spot the gunman and make an
about-face. The railroad defended the crew's performance, saying the engineer, informed of the shooting, thought it best not to open the
doors immediately because two of the cars were not at the platform. A conductor finally managed to climb from a train window and open
some doors from outside so the panicky throng could flee.
As the gunman had moved in vicious pathology down the aisle, one passenger heard a man suddenly shout, "I have seven kids. Please don't
kill me." His fate was unknown.
Police detectives said it appeared that the gunman had been planning his foray for more than a week. In the aftermath, it was his
relentlessness that was most often recalled with lingering fear.
In the fourth car, Lorraine Oltadel's first notion of something going wrong aboard the 5:33 was the sudden shout, "He is coming with a gun!"
She did not immediately comprehend the warning but looked into the third car and saw the full threat, gun in hand, leveling passengers.
'There he was. He was coming."
Then came a pause free of gunfire. A man shouted, "I think he has run out of bullets." But then, Ms. Oltadel recalled, someone screamed
anew in the train: "He's coming again."
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TESTIMONY FOR
CHIEF JIM JOHNSON, BALTIMORE COUNTY, MARYLAND
CHAIR, NATIONAL LAW ENFORCEMENT PARTNERSHIP
TO PREVENT GUN VIOLENCE
Senate Judiciary Committee Hearing
Wednesday, January 30, 2013

Mr. Chairman, Ranking Member, and Members of the Committee, I want to thank you for the
opportunity to testify today. I am here on behalf of the National Law Enforcement Partnership to
Prevent Gun Violence, an alliance of the nations law enforcement leadership organizations
concerned about the unacceptable level of gun violence in the United States.

The Partnership, founded in 2010, includes: the Commission on Accreditation of Law
Enforcement Agencies; Hispanic American Police Command Officers Association; International
Association of Campus Law Enforcement Administrators; International Association of Chiefs of
Police; Major Cities Chiefs Association; National Association of Women Law Enforcement
Executives; National Organization of Black Law Enforcement Executives; Police Executive
Research Forum; and the Police Foundation.

We mourn those lost to gun violence, including the 20 children in Newtown, along with the six
brave adults whose lives were cut short by a deranged individual armed with firepower originally
designed for combat, not for gunning down innocent members of our communities.
More than 30 homicides occur in America each day. Two-thousand children, ages 18 and under,
die of firearm-related deaths in the U.S. every year. In 2011, for the first time in 14 years,
firearms were the leading cause of death for police officers killed in the line of duty. In just the
two-week period after the Newtown massacre, six police officers were killed and 10 injured in 12
separate shootings.
In a one-week period in 2011, the Police Executive Research Forum (PERF) found that gun
crime in six cities cost more than $38 million, and in the year 2010 cost the entire country more
than $57 billion.

We urgently need Congress to address the rising epidemic of gun violence. Law enforcement
leaders support the Presidents comprehensive approach, which includes enhancing safety at
educational institutions and addressing mental health issues. But on behalf of my colleagues
across the nation, I am here today to tell you that we are long overdue in strengthening our
nations gun laws. Doing so must be a priority for Congress.

The organizations in the National Law Enforcement Partnership to Prevent Gun Violence are
united in urgently calling on Congress to:

Require background checks for all firearm purchasers;
Ensure that prohibited purchaser records in the National Instant Criminal Background
Check System (NICS), are up-to-date and accurate; and
Limit high capacity ammunition feeding devices to ten rounds.

Seven of our nine groups, including the largest organizations among us, also support a ban on
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assault weapons and Senator Feinsteins legislation.

Federal law prohibits dangerous individuals, such as convicted felons and those with mental
health disqualifiers, from possessing firearms. While background checks are required for
purchases through federally licensed gun dealers, no check is required for private sales, such
as those through Internet postings, print ads or gun shows.

From November 2011 to November 2012, an estimated 6.6 million firearm transactions occurred
without a background check. Up to 40 percent of firearm transactions occur through private
individuals rather than licensed gun dealers. Allowing 40 percent of those acquiring guns to
bypass background checks is like allowing 40 percent of airline passengers to board a plane
without going through airport security.

Last October, in Brookfield, Wisconsin, seven women were shot by a prohibited purchaser who
was under a domestic violence restraining order. The shooter answered an online ad and was
able to buy a gun without a background check. Had the sale required a check, this tragedy could
have been prevented.

Background checks work. They stopped nearly 2 million prohibited purchases between 1994
and 2009. We already have a national background check system in place. Therefore, extending
background checks to all firearm purchasers can easily be implemented and should be,
without delay.

States cant do it alone. Interstate firearms trafficking is a serious problem that must be
addressed federally. The problem is rampant: According to the ATF, in 2009, 30 percent of guns
recovered at crime scenes had crossed state lines.

Submissions to NICS must be improved, especially mental health and drug abuse records. The
2007 massacre at Virginia Tech is a tragic example of a prohibited purchaser slipping between
the cracks due to incomplete NICS records.

The ban on assault weapons and high-capacity ammunition magazines must be reinstated. Like
assault weapons, high-capacity magazines are not used for hunting, do not belong in our homes
and wreak havoc in our communities. Banning these magazines will reduce the number of
bullets a shooter can use before having to reload. Reloading can provide a window of time in
which to take down a shooter, as we saw in Tucson.

In 1998, four years after the assault weapons and high-capacity ammunition magazine ban was
enacted, the percentage of firearms with large-capacity magazines recovered by Virginia police
decreased and continued to drop until it hit a low of 9 percent in 2004, the year the ban expired.
It hit a high of 20 percent in 2010, according to a Washington Post analysis.
After the 1994 law expired, 37 percent of police agencies saw increases in criminals use of
assault weapons, according to a 2010 PERF survey.
I have been in law enforcement for nearly 35 years, and have seen an explosion in firepower
since the assault weapons ban expired. It is common to find many shell casings at crime scenes
these days, as victims are being riddled with multiple gunshots.
The common-sense measures we are calling for will not infringe on Second Amendment rights,
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but will ensure that we keep guns out of dangerous hands and excessive firepower out of our
communities.

Generations of Americans, including our youngest ones, are depending on you to ensure they
will grow up and fulfill their roles in the great human experience. None of us can fail them. I urge
you to follow the will of the American public and stand with law enforcement to enact these
common-sense public safety measures.

Thank you.
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Case 1:13-cv-02115-RWS Document 7 Filed 05/01/13 Page 1 of 22 Case 1:13-cv-00291-WMS Document 80-8 Filed 06/21/13 Page 1 of 4
A-1566
GOLDBERG SEGALl)\.., LLP
11 Martine Avenue. Suite 705
White Plains, NY 10606
(914) 798-5400
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
THE NEW YORK STATE RIFLE
& PISTOL ASSOCIATION, ROMOLO
COLANTONE, EFRAIN ALVAREZ, and
JOSE ANTHONY IRIZARRY,
Plaintiffs,
-against-
THE CITY OF NEW YORK,
THE NEW YORK CITY POLICE,
DEP ARTMENT LICENSE DIVISION,
Defendants,
)
)
)
)
)
)
)
)
)
)
)
)
)
------------------------------)
Case Number: 1:13-cv-211S-RWS
AMENDED
COMPLAINT
RECEIVE
. M Y ~
I L U,S,D,C.
L WP
- --
AMENDED COMPLAINT
COME NOW the Plaintiffs, THE NEW YORK STATE RIFLE & PISTOL
ASSOCIATION, ROMOLO COLANTONE, EFRAIN ALVAREZ and JOSE ANTHONY
IRIZARRY, by and through their undersigned counsel, and complain ofthe Defendants as follows:
THE PARTIES
1. PlaintiffRomolo Colantone is a natural person and a citizen ofthe United States
residing in Staten Island, New York, Mr, Colantone is the holder of a Prcmises Residence firearms
license issued by the City of New York.
2. Plaintiff Efrain Alvarez is a natural person and a citizcn of the United States residing
in Bronx County, New York. Mr. Alvarez is the holder of a Premises Residence firearms license
issued by the City of New York. Mr. Alvarez also holds non-resident firearm permits issued by the
states of New Hampshire, Connecticut, Florida, Virginia, and Utah.
3. Plaintiff Jose Anthony ("Tony") Irizarry is a natural person and a citizen of the
United States residing in Bronx County, New York. Mr. Irizarry is the holder of a Premises
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GOLDBERG SEGALLA, LLP
While Plains, NY 1::1006
(914) 798-5400
competitions because the enforcement of 38 RCNY 5-23 by the New York City Police
Department made his attendance illegal.
25. As a direct and proximate result, Efrain Alvarez and Tony Irizarry did not attend the
Old Bridge or Simsbury competitions. Mr. Alvarez and Mr. Irizarry have refrained from attending
any shooting events that take place outside the City of New York since June of2012, for fear of the
revocation of their Premises Residence licenses, and also for fear of arrest, criminal prosecution,
and imprisonment.
26. Familiarity with firearms, and proficiency in their use, are a pre-requisite to the safe
and responsible use offireamls for private and public self-defense, and the defense of one's home.
27. Proficiency with firearms promotes public safety. Gun owners trained in and
familiar with the operations of their guns are less likely to be involved in accidental shootings, and
more likely to successfully use their firearms in self-defense in case of need.
28. Recreational and competitive sport shooting are traditional uses of firearms in the
United States. Recreational and competitive sport shooting events promote, foster and further
individual proficiency in and familiarity with the safe and responsible use of firearms.
29. The promotion of civilian marksmanship has been a priority of the federal
government throughout American history, beginning ,'lith the Second Militia Act of 1792 and
continuing through today with the modem implementation of the Civilian Marksmanship Program
through the federally-charted Corporation for the Promotion of Rifle Practice and Firearms Safety,
36 U.S.C. 4701, et seq.
30. Target shooting builds understanding and respect for firearms, and teaches patience,
discipline, and hand-eye coordination skills. Shooting sports and hunting are rated among the safest
7
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White Plains, NY 10606
(914) 798-5400
forms of recreation. Some 40 million people of all ages safely participate in these activities across
the United States each year.
31. Gun ranges, and recreational and competitive shooting events open to the public
exist in every American state.
32. The sport of competitive target shooting is defmed in large part by travel. It is the
nature and tradition of shooting competitions for a match or championship to be "hosted" by a range
or gun club, and to be attended by numerous competitors from within the region.
33. There are hundreds of indoor and outdoor competitive shooting events held across
the United States each year. In the Northeast, some of these include the Crossman Northeast Field
Target Championships (held in Bloomfield, NY); the Schutzenfest Sporting Clays and Top Shot
Competition (held each year in North Tonawanda, NY); the SCTP Mid-Atlantic Regional Olympic
Trap Championships (held each year in Dalmatia, PA); and the World Class Steel Regional
Championships (held each year in either Roslyn, NY or Old Bridge, NJ).
34. Defendant City of New York recognizes the value of firearms training and
proficiency, as evidenced by 38 RCNY 5-23(a)(3)'s stated purpose of maintaining "proficiency
with the handgun." In addition, 38 RCNY 5-22(14) (captioned "licensee responsibilities") states
that "the licensee should endeavor to engage in periodic handgun practice at an authorized small
arms range/shooting club." rd.
35. Despite the fundamental importance of training and practice as a pre-requisite to the
safe and responsible use of a firearm, only one (1) shooting range that is open to the public exists
within the borders of New York City: the West Side Pistol & Rifle Range ("WSPRR") located at 20
West 20
th
Street in Manhattan. New visitors to the WSPRR are required to schedule appointments
8
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A-1569
While Plams, NY 10606
(914) 798-5400
PRAYER FOR RELIEF
Plaintiffs request that judgment be entered in their favor and against the Defendants as
follows:
1. An order preliminarily and permanently enjoining the Defendants, their officers,
agents, servants, employees, and all persons in active concert or participation with them who
receive actual notice of the injunction, from enforcing 38 RCNY 5-23's prohibition from traveling
beyond the borders of the City ofN ew York to attend at a gun range, shooting competition, or to
use a lawfully possessed and licensed firearm for the purposes of defending one's home, person,
and/or property;
2. Attorney's fees and costs pursuant to 42 U.S.C. 1988;
3. Declaratory relief consistent with the injunction;
4. Costs of suit; and
5. Any other such further relief as the Court deems just and proper.
Dated: N ew York, New York
May 1, 2013
GOLDBE
, ' (-
By: [
Brian I St p .. lito ,Esq. I )
Matthew S.ILe r, Esq. J
Attorneys aintiffs .
White Plains, New York 10606-1934
(914) 798-5400
bstapleton@goldbergsegalla.com
mlerner@goldbergsegalla.com
19
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232 of 290
ORIGINAL ARTICLE
The criminal purchase of firearm ammunition
G E Tita, A A Braga, G Ridgeway, G L Pierce
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
See end of article for
authors affiliations
. . . . . . . . . . . . . . . . . . . . . . .
Correspondence to:
Professor G E Tita,
University of California
Irvine, Criminology, Law,
and Society, 2307 Social
Ecology II, Irvine, CA
92697-7080, USA;
gtita@uci.edu
Accepted 4 August 2006
. . . . . . . . . . . . . . . . . . . . . . .
Injury Prevention 2006;12:308311. doi: 10.1136/ip.2006.013052
Objective: Laws that prohibit certain individuals from owning firearms also pertain to ammunition.
Whereas retail sales of firearms to criminals are regularly disrupted by instant background checks, sales of
ammunition are essentially unchecked and the rate at which criminals acquire ammunition is unknown.
This research describes the ammunition market and estimates the rate at which criminals are acquiring
ammunition.
Design: Criminal background checks conducted on individuals purchasing ammunition in the City of Los
Angeles in April and May 2004.
Setting: Los Angeles, CA, USA.
Subjects: Ammunition purchasers.
Main outcome measures: Criminal activity that prohibits one from owning, purchasing, or possessing
ammunition.
Results: 2.6% (95% CI 1.9% to 3.2%) of ammunition purchasers had a prior felony conviction or another
condition that prohibited them from possessing ammunition. During the study period prohibited possessors
purchased 10 050 rounds of ammunition in Los Angeles.
Conclusions: These estimates suggest that monitoring ammunition transactions may help reduce the supply
of ammunition to criminals and the frequency of injuries from felonious gun assaults. Such a record can
also provide information for generating leads on illegal firearm possession.
F
rom 199396, emergency rooms in the United States
treated an estimated 413 186 incidents of non-fatal
firearm injuries stemming from causes ranging from
gunshot wounds, injuries sustained while trying to elude
gunfire, lacerations from recoil, and being struck by a
firearm.
1
Over this period, an estimated 7630 people were
treated annually for injuries resulting from purposefully
being struck by a gun. This number, however, pales in
comparison to the nearly 87 000 injuries caused by being
struck by a bullet fired from a gun. Clearly, guns without
ammunition are much less dangerous than loaded ones and,
besides the fear that guns induce, the unloaded gun is no
more dangerous than any other blunt object. Unlike the
public health view on drug policy, which recognizes the
importance of limiting access to both the agent of harm (the
narcotic) and the instrument of delivery (for example,
syringe), gun policy has focused primarily on limiting access
to the instrument of delivery, firearms, while eschewing
efforts to limit access to ammunition, the actual agent of
harm.
Gun violence has decreased over the past decade, yet many
Americans still die by gunfire and, of course, many more are
still affected by non-fatal gun violence. In 2004, there were
11 344 gun murders, 164 998 gun assaults, and 162 938 gun
robberies.
2
In 2003, there were 16 907 suicides with firearms.
3
Advocates on all sides of the gun control debate in the United
States agree that policies and interventions that make guns
and ammunition less available to those who are prone to
violence deserve high priority, will save lives, and reduce the
burden of gun violence on society. One broad class of
strategies is designed to limit access to different kinds of
weapons by different kinds of people.
4
The basic policy idea is
to restrict access to firearms and ammunition by the bad
guys without denying access to the good guys.
5
Existing
firearms regulations in the United States that prohibit certain
individuals from purchasing or possessing a firearm also
apply to the purchase and possession of ammunition. While
there has been considerable policy action at the federal, state,
and local level to identify and screen out ineligible purchasers
of firearms through criminal background checks, there has
been little action to identify and screen out disqualified
buyers from illegally acquiring ammunition. Most countries
restrict certain individuals, such as violent offenders and
those with certain mental illnesses, from possessing firearms
but the United Nations Group of Experts notes that
measures to control small arms and light weapons would
not be complete if they did not include ammunition and
explosives.
6
Clearly ammunition makes guns much more
lethal. If gun-using criminals could be hindered from
obtaining ammunition, it follows that gun violence may
decline. Furthermore, recent research suggests that even
within an urban center plagued by gun violence, guns are
more readily available for purchase than ammunition.
7
This
finding suggests that greater efforts to prevent criminal
access to ammunition may be more effective in reducing
firearm injury than further limiting access to firearms.
REGULATI NG AMMUNI TI ON SALES AND
SCREENI NG AMMUNI TI ON PURCHASERS
A number of nations as well as some US states currently
require ammunition purchasers to have valid identification
cards and/or firearms licenses. Proposed legislation in
California (SB 357) would further require ammunition
dealers in California to log all ammunition purchases and
their purchasers in a state database. Although this bill failed
in 2005, state law has not preempted city ordinances enacted
in Los Angeles, San Francisco, Oakland, and several other
California cities to regulate ammunition commerce. These
statutes have tougher proof of identification standards (state
issued identification card and the purchasers fingerprint)
and require the seller to retain documentation of all
Abbreviations: ATF, Bureau of Alcohol, Firearms, Tobacco and
Explosives; DOJ, Department of Justice; FFL, Federal Firearms Licensee;
LAPD, Los Angeles Police Department.
308
www.injuryprevention.com
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233 of 290
ammunition purchasers in a non-electronic ammunition
log.
Underpinning these legislative efforts is the belief that
prohibited possessors are currently purchasing ammunition
at licensed dealers and could be prevented from doing so
through criminal background checks and transaction records.
Currently there is no direct research evidence to support this
position and efforts against this legislation have pointed out
this lack of evidence. The Citizens Committee for the Right to
Keep and Bear Arms (CCRKBA) correctly noted following the
defeat of SB 1152 that there is no existing data to suggest that
an ammunition purchase registry will have any positive
impact on crime
8
(authors italics). Similarly, the National
Association of Firearms Retailers criticized the measure,
noting that no valid public safety purpose will be advanced
by burdening our members in California with keeping a
registry of perfectly legal ammunition sales and law-abiding
ammunition purchasers. We are aware of no scientifically valid
study that concludes an ammunition registry would be an
effective law enforcement tool
8
(authors italics).
As noted above, there is reason to believe that targeting
retail ammunition sales will in fact impact levels of firearm
injury. Recent ethnographic research on the workings of
illegal guns markets in Chicago suggests that it was more
difficult for criminals to acquire ammunition than guns.
7
Most youth reported trouble with securing ammunition and
faced considerable price markups compared to the legal
market. If it is true that for many criminals ammunition is
scarce then effective screening procedures or transaction
record keeping for ammunition purchases at retail outlets
could be used to good effect in reducing an important supply
line of ammunition.
In this study, we sought to learn more about the retail
market in ammunition by examining bullet and shotgun
shell purchases in the City of Los Angeles, which passed a city
ordinance in 1998 requiring proof of identification and a
thumbprint (55.11 LAMC). We examined the characteristics
of sales conducted in the City of Los Angeles, California with
a particular focus on the purchasers criminal history. We also
explored the frequency in which prohibited possessors
acquire ammunition from licensed dealers. Our results
indicate that prohibited possessors acquired about 10 000
rounds of ammunition during the two month study period.
DATA
These data were collected as part of a US Department of
Justice (DOJ) funded study aimed at understanding and
disrupting the illegal gun market serving criminals and youth
in Los Angeles. Local ordinance requires every Federal
Firearms Licensee (FFL) in Los Angeles that sells ammuni-
tion to maintain ammunition purchase logs on all transac-
tions, which the Los Angeles Police Department (LAPD) Gun
Unit periodically collects. The data recorded for each
transaction are handwritten into the ammunition log and
include purchaser-specific data, as well as purchase-specific
information. Identifying information for each purchaser
includes name, age, sex, date of birth, address, thumbprint,
and a drivers license/state issued identification number. Data
also include the type and quantity of ammunition purchased
along with the date for each transaction.
Our study uses ammunition log data to examine purchases
made in the City of Los Angeles during the months of April
and May 2004. During the study time period, there were only
15 FFLs in all of Los Angeles that sold ammunition: eight
sporting goods stores, three firing ranges, two law enforce-
ment facilities, one war surplus store, and one small business
that reloads ammunition for sale. As part of the DOJ study,
the LAPD Gun Unit collected the completed logs from 10
businesses and handed these records over to the Southern
California Regional Crime Gun Center operated by the
Bureau of Alcohol, Tobacco, Firearms, and Explosives
(ATF). We excluded the two law enforcement facilities
because they sell only to law enforcement employees, who
by definition cannot have a criminal background. Limited
availability of LAPD officers for collecting the data on
ammunition purchases during the studys time period
resulted in data not being collected from the ammunition
reload business, one of the sporting goods stores, and one of
the firing ranges. As such, these ammunition dealers were
excluded from our analyses. ATF personnel computerized the
data from the 10 remaining FFLs. For each transaction in the
ammunition logs, ATF personnel checked whether the
purchaser appeared in the National Criminal Information
Center (NCIC) data or in the California Department of
Justices Criminal History files. They recorded the full
criminal histories of the complete sample of ammunition
purchasers with criminal backgrounds.
Seven of the observed ammunition retailers are in the San
Fernando Valley, the northern half of the City of Los Angeles.
These retailers represent approximately 93% of the ammuni-
tion transactions recorded during the study period. None of
the business premises of the 10 ammunition retailers were
located near the high crime South Los Angeles area of the
city. Although this area leads the city in total homicide and
total gun crime, none of the local places to purchase
ammunition actually falls within the Los Angeles city limits.
According to the LAPD and ATF, the likely ammunition
supply for this area consists of the nearly one dozen
ammunition dealers near South Los Angeles which are
located just outside of the city limits in the surrounding
Los Angeles County municipalities, and therefore not
required to record ammunition purchases. Thus, our analysis
of Los Angeles ammunition data represents a snapshot of the
ammunition market in the northern half of the city. Though
it is only a portion of the city, in 2002 the San Fernando
Valleys 1.4 million residents comprised 37% of the citys
population. By itself it would rank as the seventh largest city
in the United States.
RESULTS
In April and May 2004 there were 2031 unique purchasers
who made 2540 transactions that resulted in the sale of 4823
boxes of ammunition that totaled 436 956 rounds.
Who buys ammuni t i on?
Though most of the ammunition purchasers reside locally, a
small number of non-California residents (n=60) also
purchased ammunition in the city. It is not clear whether
these individuals purchased ammunition while visiting or if
these are new local residents who have not yet changed their
official place of residence. Among the remaining 97% of
purchasers (n=1971), Los Angeles city residents make up
70% of the purchasers and another 19% reside within Los
Angeles County. The overwhelming majority of purchasers
live within the San Fernando Valley, which is to be expected
as ammunition prices are relatively stable across merchants.
An informal survey of local ammunition dealers in and
around Los Angeles indicated that a 500 round box of lower
end .22 ammunition ranged from $14 to $16, a difference for
which we do not expect consumers to travel great distances
given that local gas process peaked at $2.36 per gallon during
this period.
While 92% of gun purchasers in Los Angeles County are
male,
9
a slightly larger percentage (96%) of ammunition
purchasers in the city are male. As shown in table 1, bullet
purchasers are also more likely to fall into the 2124 years
age category (15%) than gun purchasers (9%).
Criminal purchase of firearm ammunition 309
A-1600
234 of 290
Shoul d t hey be buyi ng?
During the study period, 6.5% of ammunition purchasers had
a criminal record. A criminal record, however, is not
sufficient for prohibiting a purchaser from buying ammuni-
tion. Federal law prohibits convicted felons and domestic
violence misdemeanants from acquiring ammunition.
Additionally, California state law includes provisions that
prohibit individuals convicted of violent misdemeanors from
purchasing and possessing ammunition. Of the studys
ammunition purchasers, 1.5% had prior felony convictions;
13 drug related felonies, eight grand theft or burglary
felonies, two cases of felony check fraud, two weapon
offenses, and one case each of extortion, stalking, and sex
with client (details of two other felony convictions were
unknown). An additional 1.1% of the purchasers had other
conditions (for example, misdemeanor assault or an active
restraining order) that prohibited their purchases. Table 2
summarizes these findings.
These prohibited possessors made 2.8% (71/2540) of all
transactions and collectively purchased 2.3% (10 050/
436 956) of the rounds sold in the two month study period.
They generally purchase the same kinds of ammunition as
legal purchasers. For example among prohibited possessors,
40% purchased 9 mm ammunition while 38% of legal
purchasers bought 9 mm ammunition. By comparison, the
Violence Prevention Research Program
9
reported that 0.8% of
attempted gun purchases statewide involved a prohibited
possessor in 2000, but the background check and 10 day
waiting period interrupted those purchases. While the Los
Angeles ammunition ordinance requires ammunition trans-
actions to be recorded, there is no instant check and before
2004 the logs were only referenced when police were
following up on specific crimes. As a result prohibited
possessors were able to purchase ammunition with little risk
of detection.
CONCLUSI ONS
These data suggest that, despite having to identify themselves
through showing a drivers license, leaving a fingerprint, and
creating a record of the transaction, prohibited purchasers
still buy ammunition at Los Angeles dealers. Though some
ineligible buyers may be deterred by these requirements and
make purchases at dealers beyond the city limits, the lack of
enforcement of existing laws means that prohibited persons
still complete the required elements of the transaction and
walk out of the store with ammunition.
In an attempt to stem the flow of ammunition to
prohibited purchasers, policy makers might consider extend-
ing instant background checks to include ammunition
purchases. A criminal background check would be an
unnecessary inconvenience in about 97% of ammunition
transactions in Los Angeles. However, in just two months,
prohibited persons acquired some 10 050 rounds through
retail outlets. A background check would eliminate illegal
ammunition transactions at retail outlets and denied
ammunition purchase rate would probably converge to
around 0.8%, the denial rate for firearms. Similar to the
illegal market substitution effects associated with the passage
of the Brady Law,
10 11
prohibited purchasers seem likely to
exploit alternative sources of ammunition such as unregu-
lated private sellers operating in the secondary firearms
markets.
An alternative policy to the instant criminal background
check would be to use the ammunition transaction records as
an intelligence gathering tool for law enforcement. Routine
examination of ammunition purchasers could be used to
identify prohibited persons who illegally possess ammunition
and, most likely, illegally possess firearms as well. The
ammunition logs have been used as a basis for developing
probable cause in securing search warrants, some of which
have resulted in the recovery of illegal firearms [conversation
with the supervising attorney of the Gun Violence Section of
the Los Angeles City Attorneys office].
At present, the key impediment to the utility of the Los
Angeles ammunition log for law enforcement is that it is
restricted to dealers located within the city limits. Los
Angeles residents can easily cross into other areas of the
county and purchase untraceable ammunition. Given the
dearth of purchasers residing in South Los Angeles, and that
these neighborhoods have severe gun violence problems, it is
clear that Los Angeles retailers are not the source of this
areas ammunition supply. Illegal street sales, mail order
purchases, and retail purchases outside the city limits are all
possible ammunition sources, none of which is currently
monitored. A first step in turning the ammunition log into a
useful intelligence tool for South Los Angeles would be to
have neighboring municipalities cooperate in a concerted
effort to collect similar data on ammunition transactions.
Although our study focused on one part of Los Angeles, our
findings have implications for other states and nations that
monitor firearm sales but not ammunition purchases; with-
out monitoring or enforcement, prohibited purchasers are not
completely deterred from purchasing ammunition.
I mpl i cat i on for prevent i on
Relative to firearms and ammunition in legal hands, guns
and ammunition in the hands of a prohibited possessor are at
high risk of being used in violent crime.
12
Monitoring
ammunition transaction can reduce that risk by either
following those criminal purchasers back to their firearms
or interrupting criminal purchases at the point-of-sale with
an instant check. Expanding the monitoring to the county
level or the state level may result in FFLs beyond the
jurisdiction of the legislation becoming easy sources for illicit
ammunition purchases. Due to less stringent gun controls,
dealers in Nevada and Arizona are already noteworthy out-
of-state sources of crime guns recovered in Los Angeles
13
and
seem likely to become illicit sources of ammunition. A
statewide program might push the illegal ammunition
Table 1 Age distribution of Los Angeles county handgun
purchasers and Los Angeles city ammunition purchasers
Age (years) Handguns (county) Ammunition (city)
2124 9.0% 15.4%
2534 23.5% 28.6%
3544 25.3% 24.1%
4554 24.1% 18.0%
5564 12.9% 8.7%
65+ 5.2% 2.9%
Table 2 Criminal background of ammunition purchasers
n
Percentage during study
period (95% CI)
Unique purchasers 2031
Purchasers with a criminal record* 133 6.5 (5.5 to 7.6)
Purchasers prohibited from
purchasing ammunition
52 2.6 (1.9 to 3.2)
Felony conviction 30 1.5 (1.0 to 2.0)
Non-felony offense 22 1.1 (0.6 to 1.5)
*Having a criminal record does not necessarily prohibit ammunition
purchases.
The 95% confidence intervals are computed as if April and May are
representative of a stationary process of ammunition purchasing.
310 Tita, Braga, Ridgeway, et al
A-1601
235 of 290
purchases out of the state and, therefore, increase the
effective price of illegal ammunition sales on the streets
of Los Angeles.
14
Increasing the costs associated with the
illegal acquisition of ammunition may cause criminals to
economize on firearm use and, in turn, reduce gun violence.
The potential for substitution to alternative black market
sources is a concern for any gun market intervention.
15
Nonetheless, given the heavy burden of gun violence,
policymakers need to consider policy interventions that
remove easy opportunities for violent gun-using criminals
to arm themselves.
Study l i mi t at i ons
This study used administrative data from 10 of 13 non-law
enforcement ammunition retailers in the City of Los Angeles
over a two month period. Therefore, this studys findings may
not be representative of all ammunition transactions in the
greater Los Angeles area nor in other cities around the world.
Although the Los Angeles city ordinance requires dealers to
document all ammunition transactions there may be non-
compliance. Compliance could be associated with whether or
not the purchaser is eligible to possess ammunition. ATF
completed the background checks for all purchasers based on
names and state issued IDs from the hand written logs
collected from the retailers. Accurate criminal history checks
depended on this information being written correctly and
clearly on the forms.
ACKNOWLEDGEMENTS
This research was funded by a grant from the National Institute of
Justice No 2001-IJ-CX-0028. The funder was not involved in the
design or conduct of this study.
Authors affiliations
. . . . . . . . . . . . . . . . . . . . .
G E Tita, Criminology, Law and Society, University of CaliforniaIrvine,
Irvine, CA, USA
A A Braga, John F Kennedy School of Government at Harvard
University, Cambridge, MA, USA
G Ridgeway, Statistics Group, RAND, Santa Monica, CA, USA
G L Pierce, College of Criminal Justice, Northeastern University, Boston,
MA, USA
Competing interests: none.
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Key poi nts
N
Individuals prohibited from purchasing firearms and
ammunition continue to purchase ammunition through
licensed dealers because existing laws are rarely
enforced.
N
In the City of Los Angeles during the study period,
prohibited individuals purchased 10 050 rounds of
ammunition, 2.8% of all transactions.
N
Firearm policy should adopt the public health
approach, which recognizes the importance of addres-
sing both the mechanism of delivery (the gun) and the
agent of harm (the bullet) in order to be effective in
reducing gunshot injuries.
Criminal purchase of firearm ammunition 311
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251 of 290
By Marianne W. Zawitz
BJS Statistician
How often are guns used
in violent crimes?
According to the National Crime
Victimization Survey (NCVS), almost
43.6 million criminal victimizations oc-
curred in 1993, including 4.4 million
violent crimes of rape and sexual as-
sault, robbery, and aggravated assault.
Of the victims of these violent crimes,
1.3 million (29%) stated that they faced
an offender with a firearm.*
In 1993, the FBI's Crime in the United
States estimated that almost 2 million
violent crimes of murder, rape, rob-
bery, and aggravated assault were re-
ported to the police by citizens. About
582,000 of these reported murders,
robberies, and aggravated assaults
were committed with firearms. Murder
was the crime that most frequently in-
volved firearms; 70% of the 24,526
murders in 1993 were committed with
firearms.
How do we know about the guns
used by criminals?
No national collection of data contains
detailed information about all of the
guns used in crimes. Snapshots of
information about the guns used
by criminals are available from
official police records concerning the
guns recovered in crimes and reports
gathered from victims
surveys that interview criminals
surveys that interview victims
of crime.
From these sources, we know how
often guns are involved in crime, how
guns are used in crime, what general
categories of firearms are most often
used in crime, and, to a limited extent,
the specific types of guns most fre-
quently used by criminals.
Bureau of Justice Statistics
Selected Findings
Although most crime is not commit-
ted with guns, most gun crime is com-
mitted with handguns. pages 1 & 2
Although most available guns are
not used in crime, information about
the 223 million guns available to the
general public provides a context for
evaluating criminal preferences for
guns. page 2
By definition, stolen guns are avail-
able to criminals. The FBI's National
Crime Information Center (NCIC)
stolen gun file contains over 2 million
reports; 60% are reports of stolen
handguns. page 3
In 1994, the Bureau of Alcohol,
Tobacco and Firearms (ATF)
received over 85,132 requests from
law enforcement agencies for traces
of guns used in crime. Over three-
quarters of the guns traced by the
ATF in 1994 were handguns (mostly
pistols), and almost a third were less
than 3 years old. page 4
Surveys of inmates show that they
prefer concealable, large caliber
guns. Juvenile offenders appear to
be more likely to possess guns than
adults. page 5
Studies of the guns used in homi-
cides show that large caliber revolv-
ers are the most frequent type of gun
used in homicides, but the number
of large caliber semiautomatic guns
used in murders is increasing. page 5
Little information exists about the
use of assault weapons in crime. The
information that does exist uses vary-
ing definitions of assault weapons that
were developed before the Federal
assault weapons ban was enacted.
page 6
Highlights
U.S. Department of Justice
Office of Justice Programs
July 1995, NCJ-148201
Firearms, crime, and criminal justice
Guns Used in Crime
* See note on page 7.
A-1618

252 of 290
Handguns are most often the type
of firearm used in crime
According to the Victim Survey
(NCVS), 25% of the victims of rape
and sexual assault, robbery, and
aggravated assault in 1993 faced an
offender armed with a handgun. Of all
firearm-related crime reported to the
survey, 86% involved handguns.
The FBI's Supplemental Homicide
Reports show that 57% of all murders
in 1993 were committed with hand-
guns, 3% with rifles, 5% with shotguns,
and 5% with firearms where the type
was unknown.
The 1991 Survey of State Prison In-
mates found that violent inmates who
used a weapon were more likely to use
a handgun than any other weapon;
24% of all violent inmates reported that
they used a handgun. Of all inmates,
13% reported carrying a handgun
when they committed the offense
for which they were serving time.
What types of guns do criminals
prefer?
Research by Wright and Rossi in the
1980's found that most criminals prefer
guns that are easily concealable, large
caliber, and well made. Their studies
also found that the handguns used by
the felons interviewed were similar to
the handguns available to the general
public, except that the criminals pre-
ferred larger caliber guns.

What types of guns are available
generally?
The Bureau of Alcohol, Tobacco and
Firearms (ATF) estimates that from
1899 to 1993 about 223 million guns
became available in the United States,
including over 79 million rifles, 77 mil-
lion handguns, and 66 million shot-
guns. The number of guns seized,
destroyed, lost, or not working is
unknown.
The number of new handguns added
to those available has exceeded the
number of new shotguns and rifles
in recent years. More than half of the
guns added in 1993 were handguns.
2 Guns Used in Crime
What are the different types of firearms?
Types
Handgun A weapon designed to fire a small projectile from one or
more barrels when held in one hand with a short stock
designed to be gripped by one hand.
Revolver A handgun that contains its ammunition in a revolving cylin-
der that typically holds five to nine cartridges, each within a
separate chamber. Before a revolver fires, the cylinder ro-
tates, and the next chamber is aligned with the barrel.
Pistol Any handgun that does not contain its ammunition in a
revolving cylinder. Pistols can be manually operated or
semiautomatic. A semiautomatic pistol generally contains
cartridges in a magazine located in the grip of the gun.
When the semiautomatic pistol is fired, the spent cartridge
that contained the bullet and propellant is ejected, the firing
mechanism is cocked, and a new cartridge is chambered.
Derringer A small single- or multiple-shot handgun other than a
revolver or semiautomatic pistol.
Rifle A weapon intended to be fired from the shoulder that uses
the energy of the explosive in a fixed metallic cartridge to
fire only a single projectile through a rifled bore for each
single pull of the trigger.
Shotgun A weapon intended to be fired from the shoulder that uses
the energy of the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.
Firing action
Fully automatic Capability to fire a succession of cartridges so long as the
trigger is depressed or until the ammunition supply is ex-
hausted. Automatic weapons are considered machineguns
subject to the provisions of the National Firearms Act.
Semiautomatic An autoloading action that will fire only a single shot for
each single function of a trigger.
Machinegun Any weapon that shoots, is designed to shoot, or can be
readily restored to shoot automatically more than one shot
without manual reloading by a single function of the trigger.
Submachinegun A simple fully automatic weapon that fires a pistol cartridge
that is also referred to as a machine pistol.
Ammunition
Caliber The size of the ammunition that a weapon is designed to
shoot, as measured by the bullet's approximate diameter
in inches in the United States and in millimeters in other
countries. In some instances, ammunition is described
with additional terms, such as the year of its introduction
(.30/06) or the name of the designer (.30 Newton).
In some countries, ammunition is also described in terms
of the length of the cartridge case (7.62 x 63 mm).
Gauge For shotguns, the number of spherical balls of pure lead,
each exactly fitting the bore, that equals one pound.
Sources: ATF, Firearms & Explosives Tracing Guidebook, September 1993, pp. 35-40,
and Paul C. Giannelli, "Ballistics Evidence: Firearms Identification," Criminal Law Bulletin,
May-June 1991, pp. 195-215.
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Over 40 million handguns have been
produced in the United States since
1973.
Since over 80% of the guns available
in the United States are manufactured
here, gun production is a reasonable
indicator of the guns made available.
From 1973 to 1993, U.S. manufactur-
ers produced
6.6 million .357 Magnum revolvers
6.5 million .38 Special revolvers
5.4 million .22 caliber pistols
5.3 million .22 caliber revolvers
3.1 million 9 millimeter pistols
2.2 million .44 Magnum revolvers
1.2 million .32 caliber revolvers.
During the two decades from 1973
to 1993, the types of handguns most
frequently produced have changed.
Most new handguns are pistols rather
than revolvers. Pistol production grew
from 28% of the handguns produced
in the United States in 1973 to 80%
in 1993.
The number of large caliber pistols
produced annually increased substan-
tially after 1986. Until the mid-1980's,
most pistols produced in the United
States were .22 and .25 caliber mod-
els. Production of .380 caliber and
9 millimeter pistols began to increase
substantially in 1987, so that by 1993
they became the most frequently pro-
duced pistols. From 1991 to 1993, the
last 3 years for which data are avail-
able, the most frequently produced
handguns were
.380 caliber pistols (20%)
9 millimeter pistols (19%)
.50 caliber pistols (8%).
Stolen guns are a source
of weapons for criminals
All stolen guns are available to crimi-
nals by definition. Recent studies of
adult and juvenile offenders show that
many have either stolen a firearm or
kept, sold, or traded a stolen firearm:
According to the 1991 Survey of
State Prison Inmates, among those
inmates who possessed a handgun,
9% had acquired it through theft, and
28% had acquired it through an illegal
market such as a drug dealer or fence.
Of all inmates, 10% had stolen at least
one gun, and 11% had sold or traded
stolen guns.
Studies of adult and juvenile offend-
ers that the Virginia Department of
Criminal Justice Services conducted
in 1992 and 1993 found that 15% of
the adult offenders and 19% of the ju-
venile offenders had stolen guns; 16%
of the adults and 24% of the juveniles
had kept a stolen gun; and 20% of the
adults and 30% of the juveniles had
sold or traded a stolen gun.
From a sample of juvenile inmates
in four States, Sheley and Wright
found that more than 50% had stolen
a gun at least once in their lives and
24% had stolen their most recently ob-
tained handgun. They concluded that
theft and burglary were the original, not
always the proximate, source of many
guns acquired by the juveniles.
How many guns are stolen?
The Victim Survey (NCVS) estimates
that there were 341,000 incidents of
firearm theft from private citizens an-
nually from 1987 to 1992. Because
the survey does not ask how many
guns were stolen, the number of guns
stolen probably exceeds the number
of incidents of gun theft.
The FBI's National Crime Information
Center (NCIC) stolen gun file con-
tained over 2 million reports as of
March 1995. In 1994, over 306,000
entries were added to this file including
a variety of guns, ammunition, can-
nons, and grenades. Reports of stolen
guns are included in the NCIC files
when citizens report a theft to law
enforcement agencies that submit
a report to the FBI. All entries must in-
clude make, caliber, and serial num-
ber. Initiated in 1967, the NCIC stolen
gun file retains all entries indefinitely
unless a recovery is reported.
Most stolen guns are handguns
Victims report to the Victim Survey that
handguns were stolen in 53% of the
thefts of guns. The FBI's stolen gun
file's 2 million reports include informa-
tion on
1.26 million handguns (almost 60%)
470,000 rifles (22%)
356,000 shotguns (17%).
Guns Used in Crime 3
From 1985 to 1994, the FBI received an annual average
of over 274,000 reports of stolen guns
Source: FBI, National Crime Information Center, 1995.
1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994
0
100,000
200,000
300,000
Number of stolen gun
entries into NCIC
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How many automatic weapons
are stolen?
Under the provisions of the National
Firearms Act, all automatic weapons
such as machine guns must be regis-
tered with the ATF. In 1995, over
240,000 automatic weapons were
registered with the ATF. As of March
1995, the NCIC stolen gun file con-
tained reports on about 7,700 machine
guns and submachine guns.
What types of handguns are most
frequently stolen?
Most frequently reported handguns
in the NCIC stolen gun file
Percent
of stolen
handguns Number Caliber Type
20.5% 259,184

.38 Revolver
11.7 147,681 .22 Revolver
11.6 146,474 .357 Revolver
8.8 111,558 9 mm Semiautomatic
7.0 87,714 .25 Semiautomatic
3.3 41,318 .32 Revolver
3.1 39,254 .44 Revolver
1.3 16,214 .45 Revolver
Upon request, the ATF traces some
guns used in crime to their origin
The National Tracing Center of ATF
traces firearms to their original point of
sale upon the request of police agen-
cies. The requesting agency can use
this information to assist in identifying
suspects, providing evidence for sub-
sequent prosecution, establishing sto-
len status, and proving ownership.
The number of requests for firearms
traces increased from 37,181 in 1990
to 85,132 in 1994.
Trace requests represent an unknown
portion of all the guns used in crimes.
ATF is not able to trace guns manufac-
tured before 1968, most surplus mili-
tary weapons, imported guns without
the importer's name, stolen guns, and
guns missing a legible serial number.

Police agencies do not request traces
on all firearms used in crimes. Not all
firearms used in crimes are recovered
so that a trace could be done and, in
some States and localities, the police
agencies may be able to establish
ownership locally without going to
the ATF.

Most trace requests concern
handguns
Over half of the guns that police
agencies asked ATF to trace were
pistols and another quarter were
revolvers.
While trace requests for all types of
guns increased in recent years, the
number of pistols traced increased
the most, doubling from 1990 to 1994.
What are the countries of origin
of the guns that are traced?
Traced guns come from many coun-
tries across the globe. However, 78%
of the guns that were traced in 1994
originated in the United States and
most of the rest were from
Brazil (5%)
Germany (3%)
China (3%)
Austria (3%)
Italy (2%)
Spain (2%).
Almost a third of the guns traced
by ATF in 1994 were 3 years old
or less
Age of
traced guns
Traces completed in 1994
Number Percent
Total 83,362 100%
Less than 1 year 4,072 5
1 year 11,617 14
2 years 6,764 8
3 years 4,369 5
Type of gun
Percent of all
1994 traces
Total 100.0%
Handgun 79.1
Pistol 53.0
Pistol Revolver 24.7
Pistol Derringer 1.4
Rifle 11.1
Shotgun 9.7
Other including
machinegun 0.1
What crimes are most likely to result in a gun-tracing request?
Percent
of all 1994
traces
Percent of traces by crime type
Handgun
Crime type Total Total Pistol
Pistol
Derringer
Pistol
Revolver Rifle Shotgun
Weapons offenses 72% 100% 81% 55% 1% 25% 10% 9%
Drug offenses 12 100 75 50 2 23 14 11
Homicide 6 100 79 49 1 29 11 10
Assault 5 100 80 50 1 28 10 11
Burglary 2 100 57 34 1 22 24 19
Robbery 2 100 84 53 1 29 7 10
Other 2 100 76 54 1 21 14 10
Note: Detail may not add to total because of rounding.
Source: ATF, unpublished data, May 1995.
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What caliber guns do criminals
prefer?
In their 1983 study, Wright, Rossi, and
Daly asked a sample of felons about
the handgun they had most recently
acquired. Of the felons sampled
29% had acquired a .38 caliber
handgun
handgun
handgun.
Sheley and Wright found that the juve-
nile inmates in their 1991 sample in
four States preferred large caliber, high
quality handguns. Just prior to their
confinement
58% owned a revolver, usually
a .38 or .357 caliber gun
55% owned a semiautomatic
handgun, usually a 9 millimeter
or .45 caliber gun
51% owned a sawed-off shotgun
35% owned a military-style automatic
or semiautomatic rifle.

Do juvenile offenders use different
types of guns than adult offenders?
A study of adult and juvenile offenders
by the Virginia Department of Criminal
Justice Services found that juvenile of-
fenders were more likely than adults to
have carried a semiautomatic pistol at
the crime scene (18% versus 7%).
They were also more likely to have
carried a revolver (10% versus 7%).
The same proportion of adults and ju-
veniles (3%) carried a shotgun or rifle
at the crime scene.
Some studies of guns used in
homicides provide information
about caliber
McGonigal and colleagues at the Uni-
versity of Pennsylvania Medical Center
studied firearm homicides that oc-
curred in Philadelphia: 145 in 1985 and
324 in 1990. Most of the firearms
used in the homicides studied were
handguns: 90% in 1985 and 95% in
1990. In both years, revolvers were
the predominant type of handgun
used; however, the use of semiauto-
matic pistols increased from 24% in
1985 to 38% in 1990. The caliber of
the handguns used also changed:
In Philadelphia, handguns most often used:
In 1985, of 91
homicides
In 1990, of 204
homicides
44% .38 caliber
revolver
23% 9 mm pistol
19% .25 caliber
pistol
18% .38 caliber
revolver
14%

.22 caliber
revolver
16% .357 caliber
revolver
14%

.32 caliber
revolver
16% .22 caliber
revolver
3% 9 mm pistol 10% .32 caliber
revolver
2% .357 caliber
revolver
6% .380 caliber
pistol
The Virginia Department of Criminal
Justice Services studied 844 homi-
cides that occurred in 18 jurisdictions
from 1989 through 1991. Firearms
were identified as the murder weapon
in 600 cases. Over 70% of the fire-
arms used were handguns. Of those
handguns for which the caliber and
firing action could be identified, 19%
were .38 caliber revolvers, 10% were
.22 caliber revolvers, and 9% were 9
millimeter semiautomatic pistols.
The Hawaii Department of the Attorney
General, Crime Prevention Division,
studied 59 firearm-related homicides in
Honolulu from 1988 to 1992. Hand-
guns were used in 48 homicides (over
80%) including 11 handguns of 9 milli-
meter caliber, 10 of .357 caliber, 10 of
.38 caliber, and 5 of .25 caliber.
What caliber guns are used in
the killings of law enforcement
officers?
From 1982 to 1993, of the 687 officers
who were killed by firearms other than
their own guns, more were killed by
.38 caliber handguns than by any other
type of weapon.
Type of firearm
Percent of law
enforcement officers
killed with a firearm
.38 caliber handgun 25.2%
.357 Magnum handgun 12.1
9 millimeter handgun 9.5
12 gauge shotgun 7.4
.22 caliber handgun 5.4
.22 caliber rifle 4.4
What guns are the most frequently traced?
The most frequently traced guns vary from
year to year. The ATF publishes a list of the
10 specific guns most frequently traced annu-
ally. The total number of traced guns on the
top 10 list was 18% of the total traced from
1991 to 1994. Most of the top 10 guns were
pistols (over 30% were .25 caliber pistols),
although a number of revolvers and a few
shotguns and rifles were also included. The
most frequently traced gun was a Smith and
Wesson .38 caliber revolver in 1990, the Ra-
ven Arms P25 (a .25 caliber pistol) from 1991
through 1993, and the Lorcin P25 in 1994.
10 most frequently traced guns in 1994
Rank Manufacturer Model Caliber Type Number traced
1 Lorcin P25 .25 Pistol 3,223
2 Davis Industries P380 .38 Pistol 2,454
3 Raven Arms MP25 .25 Pistol 2,107
4 Lorcin L25 .25 Pistol 1,258
5 Mossburg 500 12G Shotgun 1,015
6 Phoenix Arms Raven .25 Pistol 959
7 Jennings J22 .22 Pistol 929
8 Ruger P89 9 mm Pistol 895
9 Glock 17 9 mm Pistol 843
10 Bryco 38 .38 Pistol 820
Source: ATF, May 1995.
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256 of 290
Sources

Assault Weapons and Homicide in New York City,
Office of Justice Systems Analysis, New York
State Division of Criminal Justice Services,
May 1994.
Bureau of Alcohol, Tobacco and Firearms,
ATF Facts, November 1994.
Firearms & Explosives Tracing Guidebook,
September 1993.
unpublished data.
BJS, Criminal Victimization 1993, Bulletin,
NCJ-151658, May 1995.
BJS, Guns and Crime, Crime Data Brief,
NCJ-147003, April 1994.
BJS, National Crime Victimization Survey,
1992, unpublished data.
BJS, Survey of State Prison Inmates, 1991,
NCJ-136949, March 1993.
"Crimes Committed with Firearms in the State
of Hawaii, 1983-1992," Crime Trends Series,
Department of the Attorney General, Crime
Prevention Division, Vol. 2, Issue 1, April 1994.
Federal Bureau of Investigation, Crime in
the United States 1993, October 4, 1994.
Federal Bureau of Investigation, Law Enforcement
Officers Killed and Assaulted, annually 1987 to
1992.
Federal Bureau of Investigation, National Crime
Information Center, unpublished data.
Giannelli, Paul C., "Ballistics Evidence:
Firearms Identification," Criminal Law Bulletin,
May-June 1991.
Guns and Violent Crime, Criminal Justice
Research Center, Commonwealth of Virginia,
Department of Criminal Justice Services, January
1994 with updated data for homicide study.
McGonigal, Michael D., MD, John Cole, BS,
C. William Schwab, MD, Donald R. Kauder, MD,
Michael R. Rotondo, MD, and Peter B. Angood,
"Urban Firearm Deaths: A Five-year Perspec-
tive," The Journal of Trauma, Vol. 35, No. 4,
October 1993, pp. 532-37.
Sheley, Joseph F., and James D. Wright, "Gun
Acquisition and Possession in Selected Juvenile
Samples," National Institute of Justice and Office
of Juvenile Justice and Delinquency Prevention,
Research in Brief, NCJ-145326, December 1993.
Wright, James D., and Peter H. Rossi, Armed
and Considered Dangerous (New York:
Adline de Gruyter) 1986.
Wright, James D., Peter H. Rossi, and Kathleen
Daly, Under the Gun: Weapons, Crime, and Vio-
lence in America (New York: Adline de Gruyter)
1983.
Little information exists about the use
of assault weapons in crime. The in-
formation that does exist uses varying
definitions of assault weapons that
were developed before the Federal
assault weapons ban was enacted.
In general, assault weapons are
semiautomatic firearms with a large
magazine of ammunition that were
designed and configured for rapid fire
and combat use. An assault weapon
can be a pistol, a rifle, or a shotgun.
The Federal Violent Crime Control
and Law Enforcement Act of 1994
bans the manufacture and sale of 19
specific assault weapons identified by
make and manufacturer. It also pro-
vides for a ban on those weapons that
have a combination of features such
as flash suppressors and grenade
launchers. The ban does not cover
those weapons legally possessed
before the law was enacted. The
National Institute of Justice will be
evaluating the effect of the ban and
reporting to Congress in 1997.
In 1993 prior to the passage of the
assault weapons ban, the Bureau
of Alcohol, Tobacco and Firearms
(ATF), reported that about 1%
of the estimated 200 million guns
in circulation were assault weapons.
Of the gun-tracing requests received
that year by ATF from law enforce-
ment agencies, 8% involved assault
weapons.
Assault weapons and homicide
A New York State Division of Criminal
Justice Services study of homicides
in 1993 in New York City found that
assault weapons were involved in
16% of the homicides studied. The
definition of assault weapons used
was from proposed but not enacted
State legislation that was more expan-
sive than the Federal legislation. By
matching ballistics records and homi-
cide files, the study found information
on 366 firearms recovered in the
homicides of 271 victims. Assault
weapons were linked to the deaths of
43 victims (16% of those studied).
A study by the Virginia Department of
Criminal Justice Services reviewed
the files of 600 firearm murders that
occurred in 18 jurisdictions from 1989
to 1991. The study found that hand-
guns were used in 72% of the mur-
ders (431 murders). Ten guns were
identified as assault weapons, includ-
ing five pistols, four rifles, and one
shotgun.
Assault weapons and offenders
In the 1991 BJS Survey of State
Inmates, about 8% of the inmates
reported that they had owned a
military-type weapon, such as an Uzi,
AK-47, AR-15, or M-16. Less than
1% said that they carried such a
weapon when they committed the
incident for which they were incarcer-
ated. A Virginia inmate survey con-
ducted between November 1992 and
May 1993 found similar results:
About 10% of the adult inmates re-
ported that they had ever possessed
an assault rifle, but none had carried
it at the scene of a crime.
Two studies indicate higher propor-
tions of juvenile offenders reporting
possession and use of assault rifles.
The Virginia inmate survey also cov-
ered 192 juvenile offenders. About
20% reported that they had pos-
sessed an assault rifle and 1% said
that they had carried it at the scene of
a crime. In 1991, Sheley and Wright
surveyed 835 serious juvenile offend-
ers incarcerated in 6 facilities in 4
States. In the Sheley and Wright
study, 35% of the juvenile inmates
reported that they had owned a
military-style automatic or semiauto-
matic rifle just prior to confinement.
How often are assault weapons used in crime?
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Note
Data in this report from the 1993 Na-
tional Crime Victimization Survey are
the first released on this topic since the
survey was redesigned. Because of
changes in the methodology, direct
comparisons with BJS's victim survey
data from prior years are not appropri-
ate. Additional information about the
survey's redesign can be obtained
from the Bureau of Justice Statistics
Clearinghouse at 1-800-732-3277.
Guns Used in Crime is the first of
a series of reports on firearms and
crime that will become part of a
longer document, Firearms, Crime,
and Criminal Justice. Other topics
to be covered in this series include
weapons offenses and offenders,
how criminals obtain guns, and
intentional firearm injury. The full
report will focus on the use of guns
in crime, trends in gun crime,
consequences of gun crimes,
characteristics of offenders who
use guns, and sanctions for offend-
ers who use guns. This report will
not cover the involvement of firearms
in accidents or suicides.
The Bureau of Justice Statistics is the
statistical arm of the U.S. Department
of Justice. Jan M. Chaiken, Ph.D., is
director.
BJS Selected Findings summarize
statistics about a topic of current
concern from both BJS and non-BJS
datasets.
Substantial assistance in preparing
this document was provided by Roy
Weise and Gary Boatman of the
Criminal Justice Information Systems
Division of the FBI; Edward Troiano,
Emmett Masterson, Gerald Nunziato,
Gary Kirchoff, and Kris Denholm of
the Bureau of Alcohol, Tobacco and
Firearms; Jim McDonough of the
Virginia Department of Criminal
Justice Services; Henry Brownstein
and Kelly Haskin-Tenenini of the
New York State Division of Criminal
Justice Services; and Larry Green-
feld, Thomas Hester, and Michael
Rand of the Bureau of Justice Statis-
tics. Verification and publication
review were provided by Yvonne
Boston, Ida Hines, Rhonda Keith,
and Priscilla Middleton of the Bureau
of Justice Statistics.
July 1995, NCJ-148201
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AB
S. 2607--D 128 A. 3007--D
1 payments, grants and loans for reasonable and necessary expenses, to an ________________________________________________________________________
2 eligible applicant for the creation, preservation or improvement of ________________________________________________________________________
3 affordable housing; or the creation, preservation or improvement of the ________________________________________________________________________
4 commercial, retail or community facilities component of mixed use ________________________________________________________________________
5 affordable residential developments, in rural and urban areas of the ________________________________________________________________________
6 state. ______
7 2. Program criteria. The corporation shall develop procedures, crite- ______________________________________________________________________
8 ria and requirements related to the application and award of projects ________________________________________________________________________
9 pursuant to this section which shall include: eligibility, market ________________________________________________________________________
10 demand, feasibility and funding criteria; the funding determination ________________________________________________________________________
11 process; supervision and evaluation of contracting applicants; report- ________________________________________________________________________
12 ing, budgeting and record-keeping requirements; provisions for modifica- ________________________________________________________________________
13 tion and termination of contracts; and such other matters not inconsist- ________________________________________________________________________
14 ent with the purposes and provisions of this article as the corporation ________________________________________________________________________
15 shall deem necessary or appropriate. ____________________________________
16 3. Fund allocation. Sixty percent of the total funds awarded pursuant ______________________________________________________________________
17 to this article in any fiscal year shall be allocated to projects ________________________________________________________________________
18 located in urban areas of the state. Forty percent of the total funds ________________________________________________________________________
19 awarded pursuant to this article in any fiscal year shall be allocated ________________________________________________________________________
20 to projects located in rural areas of the state. ________________________________________________
21 4. Funding criteria. A one-third match requirement shall be required ______________________________________________________________________
22 of any eligible applicant, which may include donated property, materials ________________________________________________________________________
23 or labor and other resources, and may be reduced or eliminated for ________________________________________________________________________
24 projects located within a declared disaster area. _________________________________________________
25 5. Funding and annual report. The corporation in its sole discretion ______________________________________________________________________
26 shall authorize all funding decisions and make all award announcements. ________________________________________________________________________
27 The corporation shall, on or before December thirty-first in each year ________________________________________________________________________
28 submit a report to the legislature on the implementation of this arti- ________________________________________________________________________
29 cle. Such report shall include, but not be limited to, for each award ________________________________________________________________________
30 made to a grantee under this article: a description of such award; ________________________________________________________________________
31 contract amount and cumulative total; the specific activities in rural ________________________________________________________________________
32 and urban areas performed by such grantee; the amounts of match monies ________________________________________________________________________
33 received by the grantee from sources other than payments made pursuant ________________________________________________________________________
34 to this article; and such other information as the corporation deems ________________________________________________________________________
35 pertinent. __________
36 2. This act shall take effect immediately.
37 PART EE
38 Section 1. Paragraph b of subdivision 2 of section 54-l of the state
39 finance law, as added by section 1 of part J of chapter 57 of the laws
40 of 2011, is amended to read as follows:
41 b. Within the amounts appropriated therefor, eligible municipalities
42 shall receive an amount equal to [forty-five] fifty-five percent of the __________
43 state aid payment received in the state fiscal year commencing April
44 first, two thousand eight from an appropriation for aid to munici-
45 palities with video lottery gaming facilities[, rounded up to the next
46 thousand dollars].
47 2. This act shall take effect immediately.
48 PART FF
49 Section 1. The opening paragraph of subdivision a of section 265.20 of
50 the penal law, as amended by chapter 496 of the laws of 1991, is amended
51 to read as follows:
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AB
S. 2607--D 129 A. 3007--D
1 [Sections] Paragraph (h) of subdivision twenty-two of section 265.00 ___________________________________________________________
2 and sections 265.01, 265.01-a, subdivision one of section 265.01-b, _____________ ________________________________________________
3 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15,_
4 265.36, 265.37 and 270.05 shall not apply to: ______________
5 2. Section 265.37 of the penal law, as added by chapter 1 of the
6 laws of 2013, is amended to read as follows:
7 265.37 Unlawful possession of certain ammunition feeding devices.
8 It shall be unlawful for a person to knowingly possess an ammunition
9 feeding device [that such person lawfully possessed before the effective
10 date of the chapter of the laws of two thousand thirteen which added
11 this section, that has a capacity of, or that can be readily restored or
12 converted to accept more than seven but less than ten rounds of ammuni-
13 tion,] where such device contains more than seven rounds of ammunition.
14 If such device containing more than seven rounds of ammunition is
15 possessed within the home of the possessor, the person so possessing the
16 device shall, for a first offense, be guilty of a violation and subject
17 to a fine of two hundred dollars, and for [a second] each subsequent _______________
18 offense, be guilty of a class B misdemeanor and subject to a fine of two
19 hundred dollars and a term of up to three months imprisonment.
20 If such device containing more than seven rounds of ammunition is
21 possessed in any location other than the home of the possessor, the
22 person so possessing the device shall, for a first offense, be guilty of
23 a class B misdemeanor and subject to a fine of two hundred dollars and a
24 term of up to six months imprisonment, and for [a second] each subse- ____________
25 quent offense, be guilty of a class A misdemeanor. _____
26 3. Section 265.45 of the penal law, as added by chapter 1 of the
27 laws of 2013, is amended to read as follows:
28 265.45 Safe storage of rifles, shotguns, and firearms.
29 No person who owns or is custodian of a rifle, shotgun or firearm who
30 resides with an individual who such person knows or has reason to know
31 is prohibited from possessing a firearm pursuant to 18 U.S.C. 922(g)
32 (1), (4), (8) or (9) shall store or otherwise leave such rifle, shotgun
33 or firearm out of his or her immediate possession or control without
34 having first securely locked such rifle, shotgun or firearm in an appro-
35 priate safe storage depository or rendered it incapable of being fired
36 by use of a gun locking device appropriate to that weapon. For purposes
37 of this section "safe storage depository" shall mean a safe or other
38 secure container which, when locked, is incapable of being opened with-
39 out the key, combination or other unlocking mechanism and is capable of
40 preventing an unauthorized person from obtaining access to and
41 possession of the weapon contained therein. With respect to a person who
42 is prohibited from possessing a firearm pursuant to 18 USC 922(g)(9),
43 for purposes of this section, this section applies only if such person
44 has been convicted of a crime included in subdivision one of section
45 370.15 of the criminal procedure law and such gun is possessed within
46 five years from the later of the date of conviction or completion of
47 sentence. Nothing in this section shall be deemed to affect, impair or _____________________________________________________________
48 supersede any special or local act relating to the safe storage of ________________________________________________________________________
49 rifles, shotguns or firearms which impose additional requirements on the ________________________________________________________________________
50 owner or custodian of such weapons. ___________________________________
51 A violation of this section shall constitute a class A misdemeanor.
52 4. Subdivision b of section 58 of chapter 1 of the laws of 2013
53 amending the criminal procedure law and other laws relating to suspen-
54 sion and revocation of firearms licenses, is amended to read as follows:
55 b. The amendments to subdivision 23 of section 265.00 of the penal law
56 made by section thirty-eight of this act shall take effect on the nine-
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AB
S. 2607--D 130 A. 3007--D
1 tieth day after this act shall have become a law, except that the amend-
2 ments [made to] designating paragraph (a) of subdivision 23 shall take ___________
3 effect immediately; and provided further that the effective date of the ____________________________________________________
4 amendments adding paragraphs (b) and (c) to such subdivision shall be ________________________________________________________________________
5 suspended and not effective; ____________________________
6 5. This act shall take effect immediately; provided, however, that
7 sections one and four of this act shall be deemed to have been in full
8 force and effect on the same date as chapter 1 of the laws of 2013 took
9 effect.
10 PART GG
11 Section 1. Subdivision 18 of section 2 of the workers' compensation
12 law is REPEALED.
13 2. Subdivision 9 of section 13-l of the workers' compensation law,
14 as added by chapter 940 of the laws of 1973, is amended to read as
15 follows:
16 9. The [chairman] chair shall appoint for and with jurisdiction in the _____
17 entire state of New York a single chiropractic practice committee
18 composed of [one duly licensed physician and two] three duly registered _____
19 and licensed chiropractors of the state of New York. Each member of said
20 committee shall receive compensation either on an annual basis or on a
21 per diem basis to be fixed by the [chairman] chair within amounts appro- _____
22 priated therefor. One of said chiropractic members shall be designated
23 by the [chairman] chair as a [chairman] chair of said chiropractic prac- _____ _____
24 tice committee. No member of said committee shall render chiropractic
25 treatment under this section nor be employed or accept or participate in
26 any fee from any insurance company authorized to write [workmen's] work- _____
27 ers' compensation insurance in this state or from any self-insurer, ____
28 whether such employment or fee relates to a [workmen's] workers' compen- ________
29 sation claim or otherwise. The [attorney-general] attorney general, upon ________________
30 request, shall advise and assist such committee.
31 3. Subdivision 10 of section 13-m of the workers' compensation law,
32 as added by chapter 589 of the laws of 1989, is amended to read as
33 follows:
34 10. The [chairman] chair shall appoint for and with jurisdiction in _____
35 the entire state of New York a single psychology practice committee
36 composed of [two] three duly registered and licensed psychologists, at _____
37 least one of whom shall be a member in good standing of the New York
38 state psychological association recommended by the president of such
39 organization[, and one duly licensed physician of the state of New
40 York]. Each member of said committee shall receive compensation either
41 on an annual basis or on a per diem basis to be fixed by the [chairman]
42 chair within amounts appropriated therefor. One of said psychologists _____
43 shall be designated by the [chairman] chair as a [chairman] chair of _____ _____
44 said psychology practice committee. No member of said committee shall
45 render psychological treatment under this section nor be an employer or
46 accept or participate in any fee from any insurance company authorized
47 to write workers' compensation insurance in this state or from any self-
48 insurer, whether such employment or fee relates to a workers' compen-
49 sation claim or otherwise. The attorney general, upon request, shall
50 advise and assist such committee.
51 4. Subdivisions 2, 3 and 4 of section 13-g of the workers' compen-
52 sation law, subdivision 2 as amended by chapter 649 of the laws of 1985,
53 subdivision 3 as amended by chapter 674 of the laws of 1994, and subdi-
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CORRECTED
EXHIBIT
11
Case 1:13-cv-00291-WMS Document 108 Filed 07/26/13 Page 1 of 20
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MEMORANDUM TO:
FROM:
SUBJECT:
DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, D.C. 20226
JUL 061989
Director
Associate Director (Compliance Operations)
Report and Recommendation on the
Importability of Certain Semiautomatic Rifles
The working group has completed its evaluation of the semiautomatic rifles whose importation
was suspended pending a determination as to whether these weapons are, as required by
18 U.S.C. 925(d)(3), ofa type "generally recognized as particularly suitable for or readily
adaptable to sporting purposes".
Attached for your review and approval is the report and recommendation on the importability of
these rifles.
Attachment

Appro_ C. Jrt-- dh
Disapprove: _______________ _
Page I
Report and Recommendation on the Importability of Certain Semiautomatic Rifles
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REPORT AND RECOMMENDATION OF THE ATF WORKING GROUP
ON THE IMPORT ABILITY OF CERTAIN
SEMIAUfOMA TIC RIFLES
SUSPENSION OF ASSAULT-TYPE RIFLE IMPORTATIONS
On March 14, 1989, ATF announced that it was suspending, effective immediately, the
importation of several makes of assault-type rifles, pending a decision as to whether these weapons
meet the statutory test that they are of a type generally recognized as particularly suitable for or
readily adaptable to sporting purposes. The announcement stated that A TF would not approve,
until further notice, the importation of AKS-type weapons, Vzi carbines, FNIF AL-type weapons,
FNIFNC-type weapons and Steyr Aug semiautomatic weapons. On AprilS, ]989, the suspension
was expanded to include all similar assault-type rifles.
For purposes of this suspension, assault-type rifles were rifles which generally met the following
criteria:
a. military appearance
b. large magazine capacity
c. semiautomatic version of a machinegun
Based on these criteria, ATF suspended action on pending applications and suspended outstanding
permits covering certain firearms listed in Attachment]. These included both centerfire and .22
rim fire caliber firearms. At that time, A TF indicated that the reexamination of these weapons
would take approximately 90 days.
This ATF working group was established to conduct the reevaluation of the importability of these
semiautomatic rifles. This report represents the findings and recommendations of the working
group.
BACKGROUND
Section 925(d)(3) of Title 18, United States Code, as amended, provides in pertinent part that:
The Secretary shall authorize a firearm .. .to be imported or
brought into the United States .. if the firearm ..
(3) is ofa type that does not fall within the definition
of a firearm as defined in section 5845(a) of the
Internal Revenue Code of 1954 and is generally
recognized as particularly suitable for or readily
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A-1631
adaptable to sporting purposes, excluding surplus
military firearms .. .
This provision was originally enacted by Title IV of the Omnibus Crime Control and Safe Streets
Act of 1968, and was also contained in Title I of the Gun Control Act of 1968, which amended
Title IV later that year. According to the Senate Report on Title IV, this provision was intended to
"curb the flow of surplus military weapons and other firearms being brought into the United States
which are not particularly suitable for target shooting or hunting." S. Rep. No. 1097, 90th Congo 2d
Sess. 80, 1968 U.S. Code Congo and Admin. News 2112, 2167.
Moreover, there is legislative history which indicates that Congress intended the standard to allow
the importation of traditional sporting rifles, while excluding military-type rifles. The Senate
Report on the Gun Control Act observed that the importation standards " . . . are designed and
intended to provide for the importation of quality made, sporting firearms, including ... rifles such
as those manufactured and imported by Browning and other such manufacturers and importers of
firearms. " S. Rep. No. 1501, 90th Congo 2d Sess. 38 (1968). Significantly, the rifles being
imported by Browning at that time were semiautomatic and manually operated traditional sporting
rifles of high quality"
An explanation of the effect of this section by one of the sponsors of the bill specifically stated that
military firearms would not meet the "sporting purposes" test for importation. The mere fact that a
military firearm may be used in a sporting event does not make it importable as a sporting firearm
2

There is a reierence in the Senate Report on Title IV which notes that the importation prohibition
" ... would not interfere with the bringing in of currently produced firearms, such as ritles . .. of
recognized quality which are used for hunting and for recreational purposes, or for personal
protection." S. Rep. No. 1097, 90th Congo 2d Sess. 80, 1968 U.S. Code Congo and Admin. News
2112,2167. However, this language is not inconsistent with the expressed purpose of restricting
importation to firearms particularly suitable for target shooting or hunting since firearms
particularly suitable for those purposes can obviously be used for other purposes such as
recreational shooting and personal protection.
The determination ofa weapon's suitability for sporting purposes "rest[s] directly with the
Secretary of the Treasury." 114 Congo Rec. 27465 (1968) (Statement of Sen. Murphy). Wh i Ie the
legislative history suggests that the term "sporting purposes" refers to the traditional sports of
target shooting, trap and skeet shooting, and hunting, the statute itself provides no criteria beyond
the "generally recognized" language of section 925(d)(3). S. Rep. No. 1097, 90th Congo 2d Sess.
80, 1968 U.S. Code Congo and Admin. News 2167. The Senate Report on the Gun Control Act
stated:
The difficulty of defining weapons characteristics to meet this target [of eliminating
importation of weapons used in crime] without discriminating against sporting quality
firearms, was a major reason why the Secretary of the Treasury has been given fairly broad
discretion in defining and administering the import prohibition.
S. Rep. No. 150 I, 90th Congo 2d Sess. 38 (1968).
Page 3
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Following enactment of the Gun Control Act in 1968, the Secretary established a Firearms
Evaluation Panel to provide guidelines for implementation of the "sporting purposes" test of
section 925(d)(3). This panel was composed of representatives from the military, law enforcement,
and the firearms industry. The panel focused its attention on handguns and recommended the
adoption of factoring criteria to evaluate the various types of handguns. These factoring criteria are
based upon such considerations as overall length of the firearm, caliber, safety features, and frame
construction. An evaluation sheet (ATF Form 4590) was developed thereafter by ATF and put into
use for evaluating handguns pursuant to section 925(d)(3). Attachment 2.
The 1968 Firearms Evaluation Panel did not propose criteria for evaluating rifles and shotguns
under section 925(d)(3). Other than surplus military firearms which Congress addressed separately,
long guns being imported prior to 1968 were generally conventional rifles and shotguns
specifically intended for sporting purposes. Thus, in 1968, there was no cause to develop criteria
for evaluating the sporting purposes of rifles and shotguns. Until recently, all rifles and shotguns
were approved for importation so long as they were not otherwise excluded by section 925(d)(3).
Only rifles and shotguns covered by the National Firearms Act (NFA), 26 U.S.C. S 5845(a) (for
example, machineguns and short-barreled rifles and short-barreled shotguns), and surplus military
rifles and shotguns had been denied importation.
The Firearms Evaluation Panel did briefly comment on whether a model BM59 Beretta, 7.62mm
NATO Caliber Sporter Version Rifle was suitable for sporting purposes. Minutes of the Firearms
Advisory Panel, December 10, 1968. Attachment 3. It was the consensus of the Panel that this rifle
did have a particular use in target shooting and hunting. Accordingly, it was recommended that
importation of the Beretta BM59, together with the SIG-AMT 7.62mm NATO Caliber Sporting
Rifle and the Cetme 7.62mm NATO Caliber Sporting Rifle, be authorized for importation. (The
Beretta BM59 and the Cetme, the predecessor to the HK91, are two of the rifles whose importation
has been suspended. The SIG-AMT is no longer being produced.) However, the Panel
recommended that importation of these weapons should include the restriction that they not
possess combination flash suppressors/grenade launchers.
The working group found the Panel's consideration of these rifles to be superficial and
unpersuasive. The vast majority of the work of the 1968 Panel was devoted to handguns and the
establishment of the factoring criteria for the importation of handguns. Indeed, we found
compelling evidence that these rifles are not generally recognized as particularly suitable for
sporting purposes.
The first time that A TF looked beyond the restrictions on NFA and surplus military rifles and
shotguns and undertook a meaningful analysis under the "sporting purposes" test was in 1984. At
that time, A TF was faced with a new breed of imported shotgun. It was clear that the historical
assumption that all shotguns were sporting was no longer viable. Specifically, ATF was asked to
determine whether the Striker-l 2 shotgun was suitable for sporting purposes. This shotgun is a
military/law enforcement weapon initially designed and manufactured in South Africa for riot
control. When the importer was asked to provide evidence of sporting purposes for the weapon,
ATF was provided information that the weapon was suitable for police/combat style competitions.
A TF determined that this type of competition did not constitute "sporting purposes" under the
statute, and that this shotgun was not suitable for traditional sporting purposes, such as hunting,
and trap and skeet shooting. Accordingly, importation was denied. Attachment 4.
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A-1633
Thereafter, in 1986, the Gilbert Equipment Company requested that the USAS-12 shotgun be
classified as a sporting firearm under section 925(d)(3). After examination and testing of the
weapon, ATF found that it was a semiautomatic version of a selective fire military-type assault
shotgun. In this case, A TF determined that, due to its weight, size, bulk, designed magazine
capacity, configuration, and other factors, the USAS-12 was not particularly suitable for or readily
adaptable to sporting purposes. Again, ATF refused to recognize police/combat competitions as a
sporting purpose under section 925(d)(3). The shotgun was reviewed on the basis of its suitability
for traditional shotgun sports of hunting, and trap and skeet shooting and its importation was
denied. Attachment 5. This decision was upheld by the United States District Court in Gilbert
Equipment Company, Inc. v. Higgins, 709 F. Supp. 1071 (S.D. Ala. 1989). The case is currently
on appeal to the Eleventh Circuit.
These two cases involving shotguns represent ATF's first thorough examination of the suitability
of certain combat-type weapons for sporting purposes. In these cases A TF adopted an
interpretation of sporting as being limited to certain traditional sports and not simply any lawful
activity in which the weapons might be employed.
ANALYSIS
A. Defining the type of weapon under review.
As noted above, section 925(d)(3) expressly provides that the Secretary shall authorize the
importation of a firearm that is of a that is generally recognized as particularly suitable for
sporting purposes. The legislative history also makes it clear that the Secretary shall scrutinize
types of firearms in exercising his authority under section 925(d). Specifically, in its explanation of
section 925(d)(3), the Senate Report on the Gun Control Act stated:
This subsection gives the Secretary authority to permit the importation of ammunition and
certain of firearms--( 1) those imported for scientific or research purposes or for use in
competition or training under chapter 401 of title 10 of the United States Code; (2) an
unserviceable firearm other than a machinegun; (3) those firearms not coming within the
purview ofthe National Firearms Act (26 U.S.C. 580 I, et seq.) and suitable for sporting
purposes (in the case of surplus military weapons this type is limited to shotguns and rifles)
and those taken out ofthe United States. (Emphasis added.)
S. Rep. No. 1501, 90th Congo 2d Sess. 38 (1968).
In light of the statutory mandate that types of firearms be scrutinized, the working group first
attempted to determine whether the semiautomatic rifles suspended trom importation fall within a
type of firearm.
The working group determined that the semiautomatic rifles in question are generally
semiautomatic versions of true selective fire military assault rifles.
3
As a class or type of firearm
they are often referred to as "assault rifles," "assault-type rifles," "military style rifles," or
"paramilitary rifles.,,4 Since we are only concerned with semiautomatic ritles, it is somewhat of a
misnomer to refer to these weapons as "assault rifles." True assault rifles are selective fire
Page 5
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A-1634
weapons that will fire in a fully automatic mode.
s
For the purposes of this paper, it was necessary
to settle on one term that best describes the weapons under consideration, and we will refer to
these weapons as "semiautomatic assault rifles." They represent a distinctive type of rifle
distinguished by certain general characteristics which are common to the modem military assault
rifle. The modem military assault rifle, such as the U.S. MI6, German 03, Belgian FNIFAL, and
Soviet AK47, is a weapon designed for killing or disabling the enemy and, as described below, has
characteristics designed to accomplish this purpose.
We found that the modern military assault rifle contains a variety of physical features and
characteristics designed for military applications which distinguishes it from traditional sporting
rifles.
6
These military features and characteristics (other than selective fire) are carried over to the
semiautomatic versions of the original military rifle. These features and characteristics are as
follows:
I. Military Configuration.
a. Ability to accept a detachable magazine. Virtually allmodern military firearms are
designed to accept large, detachable magazines.
7
This provides the soldier with a fairly
large ammunition supply and the ability to rapidly reload. Thus, large capacity
magazines are indicative' of military firearms. While detachable magazines are not
limited to military firearms, most traditional semiautomatic sporting firearms, designed
to accommodate a detachable magazine, have a relatively small magazine capacity. In
addition, some States have a limit on the magazine capacity allowed for hunting,
usually 8 rounds or less.
s
That a firearm is designed and sold with a large capacity
magazine, rounds, is a factor to be considered in determining whether a
firearm is a semiautomatic assault rifle.
b. stocks. Many military firearms incorporate folding or telescoping
stocks. The main advantage of this item is portability, especially for airborne troops.
These stocks allow the firearm to be fired from the folded position, yet it cannot be
fired nearly as accurately as with an open stock. With respect to possible sporting uses
of this feature, the folding stock makes it easier to carry the firearm when hiking or
backpacking. However, its predominant advantage is for military purposes, and it is
normally not found on the traditional sporting ritle.
c. Pistol grips. The vast majority of military firearms employ a well-defined pistol grip
that protrudes conspicuously beneath the action of the weapon.1O rn most cases, the
"straight line design" ofthemilitary weapon dictates a grip of this type so that the
shooter can hold and fire the weapon. Further, a pistol grip can be an aid in one-handed
firing of the weapon in a combat situation. Further, such grips were designed to assist in
controlling machineguns during automatic fire. On the other hand, the vast majority of
sporting firearms employ a more traditional pistol grip built into the wrist of the stock
of the firearm since one-handed shooting is not usually employed in hunting or
competitive target competitions.
d. Ability to accept a bayonet. A bayonet has distinct military purposes. II First, it has a
psychological affect on the enemy. Second, it enables soldiers to fight in close quarters
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A-1635
with a knife attached to their rifles. We know of no traditional sporting application for a
bayonet.
e. Flash suppressor. A flash suppressor generally serves one or two functions. First, in
military firearms it disperses the muzzle flash when the firearm is fired to help conceal
the shooter's position, especially at night. A second purpose of some flash suppressors
is to assist in controlling the "muzzle climb" of the rifle, particularly when fired fully
automatic. 12 From the standpoint of a traditional sporting firearm, there is no particular
benefit in suppressing muzzle flash. Those flash suppressors which also serve to
dampen "muzzle climb" have a limited benefit in sporting uses by allowing the shooter
to reacquire the target for a second shot. However, the barrel of a sporting rifle can be
modified by "magna-porting" to achieve the same result. There are also muzzle
attachments for sporting firearms to assist in the reduction of muzzle climb. In the case
of military-style weapons that have flash suppressors incorporated in their design, the
mere removal of the flash suppressor may have an adverse impact on the accuracy of
the firearm.
f. Bipods. The majority of military firearms have bipods as an integral part of the firearm
or contain specific mounting points to which bipods may be attached. J3 The military
utility of the bipod is primarily to provide stability and support for the weapon when
fired from the prone position, especially when fired fully automatic. Bipods are
available accessory items for sporting rifles and are used primarily in long-range
shooting to enhance stability. However, traditional sporting rifles do not come equipped
with bipods, nor are they specifically designed to accommodate them. Instead, bipods
for sporting firearms are generally designed to attach to a detachable "sling swivel
mount" or simply clamp onto the firearm.
g. Grenade launcher. Grenade launchers are incorporated in the majority of military
firearms as a device to facilitate the launching of explosive grenades. 14 Such launchers
are generally of two types. The first type is a flash suppressor designed to function as a
grenade launcher. The second type attaches to the barrel of the ritle either by screws or
clamps. We are not aware of any particular sporting use for grenade launchers.
h. Night sights. Many military firearms are equipped with luminous sights to facilitate
sight alignment and target acquisition in poor light or darkness.
ls
Their uses are
generally for military and law enforcement purposes and are not usually found on
sporting firearms since it is generally illegal to hunt at night.
2. Whether the weapon is a semiautomatic version of a machinegun.
The vast majority of modern military firearms are selective fire, i.e., they can shoot
either fully automatic or semiautomatic. Since machineguns are prohibited fTOm
importation (except for law enforcement use) the manufacturers of such weapons have
developed semiautomatic versions of these firearms. 16
3. Whether the rifle is chambered to accept a center fire cartridge case having a length of2.25
inches or less.
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Modem military assault rifles and are generally chambered to accept a
centerfire cartridge case of2.25 inches or less. On the other hand, while many
traditional sporting rifles will fire a cartridge of2.25 inches or less, such firearms
usually do not have the other military features outlined in Items I a-h.
These features and characteristics are not usually found on traditional sporting
firearms.
18
This is not to say that a particular rifle having one or more ofthe listed
features should necessarily be classified as a semiautomatic assault rifle. Indeed, many
traditional sporting firearms are . semiautomatic or have detachable magazines. Thus,
the criteria must be viewed in total to determine whether the overall configuration
places the rifle fairly within the semiautomatic assault rifle category.
Using these criteria, we determined that, on balance, all of the firearms on the original
suspension list are properly included in the semiautomatic assault rifle category, with
the exception of the .22 rim fire caliber rifles and the Valmet Hunter. While the .22
rimfire caliber rifles bear a striking resemblance to the true assault rifle, these rifles
employ, by and large, conventional .22 rimfire caliber semiautomatic mechanisms.
19
Moreover, they are not semiautomatic versions of a machinegun and contain only a few
of the other relevant characteristics. Further, the working group determined that, in
general, .22 caliber rifles are generally recognized as suitable for small game hunting.
The Valmet Hunter, while based on the operating mechanism of the AK47 assault rifle,
has been substantially changed so that it is now akin to a traditional sporting rifle and
does not properly fall within the semiautomatic assault rifle category. More
specifically, its receiver has been modified and its pistol grips, bayonet, and flash
suppressor have been removed. The trigger mechanism has been moved to the rear of
the modified receiver to facilitate its use with a traditional sporting stock. Also, its
military-style sights have been replaced with traditional sporting-style sights. See
Attachment 6.
B. Scope of "Sporting Purposes".
The second step of our process was to determine the scope of "sporting purposes" as used in the
statute. This is a critical aspect of the process. The broadest interpretation could take in virtually
any lawful activity or competition which any person or groups of persons might undertake. Under
this interpretation, any rifle could meet the "sporting purposes" test. A narrower interpretation
which focuses on the traditional sports of hunting and organized marksmanship competition would
result in a more selective importation process?O
To determine the proper interpretation, we consulted the statute itself, its legislative history,
applicable case law, the work of the original Fireanns Evaluation Panel, and prior interpretations
by ATF. In terms of the statute itself, the structure of the importation provisions would suggest a
somewhat narrow interpretation. In this regard, firearms are prohibited from importation (section
922(1 with certain specific exceptions (section 925(d)(3). A broad interpretation which permits
virtually any firearm to be imported because someone may wish to use it in some lawful shooting
activity would render the statute meaningless.
As discussed earlier, the legislative history suggests a narrow meaning and indicates that the term
"sporting purposes" refers to the traditional sports of target shooting, skeet and trap shooting, and
hunting. Moreover, the history discussed earlier strongly suggests that Congress intended the
provision to allow the importation of traditional sporting type rifles while excluding military type
rifles. There is nothing in its history to indicate that it was intended to recognize every conceivable
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A-1637
type of activity or competition which might employ a firearm. To the contrary, the history
indicates that mere use in some competition would not make the rifle a sporting rifle.
Finally, the 1968 Firearms Evaluation Panel specifically addressed at least one informal shooting
activity and determined that it was not a legitimate sporting purpose under the statute. The panel
addressed what is commonly referred to as "plinking" (shooting at randomly selected targets such
as bottles and cans). It was the Panel's view that ''while many persons participated in this type of
activity and much ammunition was expended in such endeavors, it was primarily a pastime and
could not be considered a sport for the purposes of importation ... "
See Attachment 3.
Based on the above, the working group determined that the term "sporting purpose" should
properly be given a narrow reading. It was determined that while hunting has been a recognized
rifle sport for centuries, and competitive target shooting is a recognized rifle sport, the so-called
activity of plinking is not a recognized sport. Moreover, we believe that reference to sporting
purposes was intended also to stand in contrast to military and law enforcement applications.
Consequently, the working group does not
believe that police/combat-type competitions should be treated as sporting activities. This position
is supported by the court's decision in Gilbert Equipment Company. Inc .. v Higgins. 709 F. Supp.
1071 (S.D. Ala. 1989) and is consistent with prior interpretations of A TF as noted on pages 4 and 5
in discussing the Striker-12 shotgun and USAS-12 shotgun.
C. Suitability.
The final step in our review involved an evaluation of whether semiautomatic assault rifles are a
type of rifle generally recognized as particularly suitable tor or readily adaptable to the traditional
sporting applications discussed above.
The criminal misuse of semiautomatic assault rifles is a matter of significant public concern and
was an important factor in the decision to suspend their importation. Nevertheless, the working
group did not consider criminal misuse as a factor in its analysis of the importability of this type of
rifle. Instead, the working group confined its analysis to the question of whether this type of rifle
meets the test provided in section 925(d)(3).
Rather than criminal misuse, our comprehensive examination of this issue focused on the legal
analysis and technical assessment of these firearms discussed earlier. In addition, the working
group used the information gathered under Items 1-7 outlined in the next section in determining
whether this type of firearm is generally recognized as particularly suitable for sporting purposes.
These items take into account technical and marketing data, expert opinions, the recommended
uses of the firearms, and data on the actual uses for which the weapons are employed in this
country.
In evaluating these firearms, we believe that all rifles which are fairly typed as semiautomatic
assault rifles should be treated the same. Therefore, the fact that there may be some evidence that a
particular rifle of this type is used or recommended for sporting purposes should not control its
importability.21 Rather, all findings as to suitability of these rifles as a whole should govern each
rifle within this type.
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This is consistent with the approach taken with respect to handguns since 1968. Although certain
handguns may be used or recommended for sporting purposes, they may fall within the type of
easily concealable handguns barred from importation by the administrative factoring criteria used
by ATF to determine the importability of handguns. Furthermore, a pistol specifically designed for
target shooting, but lacking a safety as required by the factoring criteria, would be a type of
handgun prohibited from importation as not particularly suitable for sporting purposes for this
reason. Finally, just as ATF allows handguns to be modified so as to meet the factoring criteria, a
semiautomatic assault rifle could be modified into a sporting configuration and be importable, as
was done in the case of the Valmet Hunter referred to ea{lier.
D. Evaluation ofInformation from Outside Sources
As part of our comprehensive analysis as to whether semiautomatic assault rifles meet the statutory
criteria for importation, the following sources of information were also considered:
1. How has the weapon been advertised, marketed and categorized by the manufacturer and/or
importer?
2. How has the use of the rifle been described by firearms technical writers?
3. What is the rifle's reported use by importers?
4. Do hunting guides recommend the rifle?
5. Do editors of hunting magazines recommend the rifle?
6. Is the rifle used in target shooting competitions?
7. Do State game commissions allow the use of the rifle to hunt?
Items 1-6 focus upon how the rifles are marketed, advertised, and recommended for use. Item 7
addresses the legal restrictions pertaining to the use of the weapons for sporting purposes.
The working group reviewed the advertising and marketing literature concerning each of the
weapons (Item I) and reviewed evaluations ofthe firearms by technical writers (Item 2). In
addition, the working group solicited information from the importers of the weapons and other
knowledgeable sources (Items 3-6).
Questionnaires were drafted and sent out to licensed hunting guides, State game and tish
commissions, local hunting associations, competitive shooting groups, and hunting/shooting
magazine editors to determine the extent to which the weapons are used for sporting purposes or
recommended for such use. The working group believed that the actual uses of the weapons for
sporting purposes would be a factor to be considered in determining whether this type of rifle
meets the sporting purposes test.
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The review of advertising and marketing literature indicates that these rifles are not generally
marketed for hunting or competitive shooting. The review of the technical evaluations revealed
that these rifles are not regarded as suitable for these sporting activities.22
To the extent that the technical evaluations made recommendations with respect to the use ofthe
rifles suspended from importation, the majority recommended them for law enforcement or
military use or for activities such as collecting, plinking, home and self-defense, and combat target
shooting. Only 5 of over 50 evaluations reviewed contained recommendations for the use of these
firearms for hunting purposes.
The importers were asked to submit information concerning the sporting uses of the semiautomatic
rifles they import. Thirty-nine importers were asked to submit this infonnation and 19 responded.
In general, their comments were conclusory and stated that their weapons could be used for
sporting purposes. A small number of importers, ~ u n South, Inc., and Heckler & Koch, Inc.,
provided more specific data showing the sporting uses made of their firearms by their customers.
0f3 hunting associations to whom questionnaires were sent, 2 responded. They stated that they
place no restrictions on the use of semiautomatic rifles by their members, on the minimum caliber
of ammunition used to hunt large game, or on the number of rounds allowed in semiautomatic rifle
magazines. However, over 1,800 hunting guides were sent questionnaires and, of these, 706
responded. Over 73 percent of those responding indicated that their patrons used either bolt or
lever action rifles for hunting. Only 10 of the 706 guides indicated that their patrons had used any
of the rifles whose importation had been temporarily suspended.
Of the 20 hunting/shooting editors to whom questionnaires were sent, 14 responded. Nine of the
fourteen editors recommended semiautomatic rifles for use in hunting large game, including 5 who
recommended use of any of the rifles subject to the temporary suspension. Eleven ofthe fourteen
editors recommended semiautomatic rifles for target competitions, including 7 who recommended
semiautomatic assault rifles for such use.
The recommendations of editors were contradictory. One editor pointed out that what made the
assault rifle successful as a military weapon made the semiautomatic version totally unfit for any
other use. On the other hand, another editor stated that semiautomatic rifles had certain advantages
over conventional sporting rifles especially for the physically disabled and left-handed shooters.
While this may be true, there appears to be no advantage to using a semiautomatic assault rifle as
opposed to a semiautomatic sporting rifle.
A total of 54 competitive shooting groups were sent a questionnaire and 53 groups responded
(some of the responses were from unsolicited groups). Fifty of these groups indicated that they
sponsor high power rifle competition events. While none of the groups prohibited the use of the
semiautomatic assault rifles in their competitions, none stated that any of the rifles covered by the
temporary suspension were used in a specific event.
Finally, the information gathered under Item 7 reveals that most of these weapons could legally be
used in most States for most hunting purposes.
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The working group reviewed all of the intormation gathered under Items 1-6 and determined that
while these weapons may legally be used for sporting purposes in most States, the evidence was
compelling that, as a type of firearm, the semiautomatic assault rifle is not generally recognized as
particularly suitable for sporting purposes. The working group found persuasive the technical and
expert evaluations of these firearms which generally did not recommend them as particularly
suitable for sporting purposes. The group was also impressed by the comments of the hunting
guides which showed that these rifles were not widely used for hunting purposes. The comments
of the hunting guides are consistent with the opinion of the technical experts who generally do not
recommend the rifles for hunting purposes.
The opinions of the editors were fairly divided with respect to the sporting uses of these rifles. The
importers generally recommended their own weapons for such uses. The competitive shooting
groups indicated that the rifles could be used in certain shooting events. Thus, while there was
some evidence that these rifles could be used for hunting and target shooting, there was no
evidence of any widespread use for such purposes. The mere fact that they are not generally
prohibited from use for sporting purposes does not mean that the rifles meet the test for
importation.
CONCLUSIONS
The working group has dealt with a complex issue, the resolution of which has required the group
to take into account interpretations oflaw, technical assessments of firearms and their physical
characteristics, marketing data, the assessment of data compiled from responses to questionnaires
and, finally, Bureau expertise with respect to firearms. We fully recognize that particular findings
as well as the results will be controversial.
From the cross section of representation within A TF, we have brought to bear our technical, legal,
and administrative expertise to resolve the issues in what we believe to be a fair manner, taking
into consideration all points of view. While some of the issues were difficult to resolve, in the end
we believe that the ultimate conclusion is clear and compelling. These semiautomatic assault rifles
were designed and intended to be particularly suitable for combat rather than sporting applications.
While these weapons can be used, and indeed may be used by some, for hunting and target
shooting, we believe it is clear that they are not generally recognized as particularly suitable for
these purposes.
The purpose of section 925(d)(3) was to make a limited exception to the general prohibition on the
importation of firearms, to preserve the sportsman's right to sporting firearms . This decision will
in no way preclude the importation of true sporting firearms. It wi\l only prevent the importation of
military-style firearms which, although popular among some gun owners for collection,
self-defense, combat competitions, or plinking, simply cannot be fairly characterized as sporting
rifles.
Therefore, it is the finding of the working group that the semiautomatic assault rifle is not a type of
firearm generally recognized as particularly suitable for or readily adaptable to sporting purposes
and that importation of these rifles should not be authorized under 18 U.S.C.
925(d)(3).
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Based on our evaluation, we recommend that the firearms listed on Attachment 7 not be authorized
for importation. For the reasons discussed in this report, we recommend that the firearms listed on
Attachment 8 be authorized for importation. These are the .22 rimfire caliber rifles and the Valmet
Hunter which we do not believe are properly included in the category of semiautomatic assault
rifles. Attachment 9 is a compilation of the responses from the questionnaires. Attachment 10
combines the criteria for identifying semiautomatic assault rifles and the items considered in
assessing suitability. Attachments 11 and 12 contain the data compiled for each of the criteria
listed in Attachment 10. Finally, Attachment 13 contains the source materials used in locating
persons and organizations who were sent questionnaires.
NOTES
1. Paul Wahl, ed., Gun Trader's Guide, 13th Edition, (South Hackensack, NJ. 1987), 155-162.
2. Although a firearm might be recognized as "suitable" for use in traditional sports, it would
not meet the statutory criteria unless it were recognized as particularly suitable for such use.
Indeed, Senator Dodd made clear that the intent of the legislation was to" [regulate] the
importation of firearms by excluding surplus military handguns; and rifles and shotguns that
are not truly suitable for sporting purposes." 114 Congo Rec. 13325 (1968) (Statement of
Sen. Dodd) [emphasis added].
Similarly, it is apparent that the drafters of the legislation did not intend for "sports" to
include every conceivable type of activity or competition which might employ a firearm;
otherwise a "sporting purpose" could be advanced for every firearm sought to be imported.
For example, in response to Sen. Hansen' s question concerning the meaning of "sporting
purposes" in the bill which became section 925(d), Senators Dodd and Hansen engaged in
the following colloquy:
Mr. HANSEN. Would the Olympic shooting competition be a "sporting purpose? "
Mr. DODD. I would think so.
Mr. HANSEN. What about trap and skeet shooting?
Mr. DODD. I would think so. I would think trap and skeet shooting would certainly
be a sporting activity.
Mr. HANSEN. Would the Camp Perry national matches be considered a "sporting
purpose?"
Mr. DODD. Yes: that would not [sic] fall in that arena. 1t should be described as a
sporting purpose.
Mr. HANSEN. I understand the only difference is in the type of firearms used at
Camp Perry which includes a wide variety of military types as well as commercial.
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Would all of these firearms be classified as weapons constituting a "sporting
purpose?"
Mr. DODD. No. I would not say so. I think when we get into that, we definitely get
into military type of weapon for use in matches like these at Camp Perry; but I do
not think it is generally described as a sporting weapon. It is a military weapon. I
assume they have certain types of competition in which they use these military
weapons as they would in an otherwise completely sporting event. I do not think
that fact would change the nature of the weapon from a military to a sporting one.
Mr. HANSEN. Is it not true that military weapons are used in Olympic competition
also?
Mr. DODD. I do not know. Perhaps the Senator can tell me. I am not well infonned
on that.
Mr. HANSEN. It is my understanding that they are. Would the Senator be inclined
to modify his response if
I say that is true? (27461)
Mr. DODD. It is not that I doubt the Senator' s word. Here again 1 would have to
say that if a military weapon is used in a special sporting event, it does not become
a sporting weapon. It is a military weapon used in a special sporting event. I think
the Senator would agree with that. J do not know how else we could describe it.
Mr. HANSEN. If} understand the Senator correctly. he said that despite the fact
that a military weapon may be used in a sporting event it did not. by that action
become a sporting rifle Is that correct?
Mr. DODD. That would seem right to me ..... As I said previously the language
says no firearms will be admitted into this country unless they are genuine sporting
weapons ...... I think the Senator and I know what a genuine sporting gun is.
114 Congo Rec. 27461-62 (l968).(Emphasis added.)
3. Ken Warner, ed., Gun Digest 1989, (Northbrook, 11. 1988), pp. 293-300; William S.
Jarrett, ed., Shooter's Bible. No. 80, (Hackensack, NJ. 1988), pp. 345-363; Edward Clinton
Ezell, Small Anns of the World, (Harrisburg, Pa. 1983), p. 844; Pete Dickey, "The Military
Look-A likes," American Rifleman, (April 1980), p. 31. Also, see generally, Ian V. Hogg,
ed., Jane's InfantrY Weapons, 1987-88. (New York 1987); Jack Lewis, ed., The Gun Digest
Book of Assault Weapons, (Northbrook, ] I. 1986).
4. Art Blatt, "Tomorrow's State-of-the-Art Sporting Rifle," Guns & Ammo, (July 1981),
p. 48; Jarrett, pp. 345-363; Warner, pp. 293-300.
5. Daniel D. Musgrave and Thomas B.Nelson, The World's Assault Rifles, (Virginia, 1967),
p. 1.
6. See generally, Angus Laidlaw, ed., Paul Wahl's Big Gun Catalogll, (Bogota, NJ . 1988);
Musgrave and Nelson; Hogg; Jarrett; and Warner.
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7. Ibid.
8. Arizona, 5 rounds; Colorado, 6 rounds; Michigan 6 rounds; New Hampshire, 5 rounds;
New York, 6 rounds; North Carolina, 6 rounds; North Dakota, 8 rounds; Oregon, 5 rounds;
Pennsylvania, semiautomatic rifles prohibited; Vermont, 6 rounds.
9. See generally, Hogg; Musgave and Nelson; Ezell; Warner; Jarrett; Laidlaw; and Lewis.
10. Ibid.
11. Ibid.
12. Ibid.
13. Ibid.
14. Ibid.
15. Ibid.
16. Ezell, p. 844; Dickey, p. 31.
17. Musgrave and Nelson, pp. 11-29; and, see generally, Hogg; and Ezell.
18. Ezell, pp.844-866; and, see generally, Warner; Jarrett; and Laidlaw.
19. See, for example, Walter Rickell, "The Plinker's AK GunsMagazine, (July 1986) p. 21;
John Lachuk, "Bantam Battle Rifles," Guns & Ammo, (January 1987), p. 37; John Lachuk,
".22 Erma Carbine," Guns & Ammo, (May 1968), p. 58; JackLewis, "Something New: The
AK in Twenty-Two," Gun World, (July 1985), p. 32; Roger Combs, "A Most Unique
Carbine," Gun World, (December 1985), p. 28; Garry James, "Mitchell Arms AK-22,"
Guns & Ammo, (November 1985), p. 72.
20. See note 2, colloquy between Senators Dodd and Hansen.
21. Ibid.
22. See generally, bibliography.
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BIBLIOGRAPHY
"Anna lite AR-180 Rifle," American Rifleman, (February 1981),65-66.
"Beretta AR. 70 Rifle," American Rifleman, (March 1988),64-66.
Blatt, Art. "Beretta M-70/Sport Rifle," Guns & Ammo, (December 1983), 64-65.
Blatt, Art. "Tomorrow's Sporting Rifles," Guns & Ammo, (July 1981), 48-57, 78,79.
Bruce, Robert. "The AUG Assault System," Guns Magazine, (September 1986), 37-39,42,43,
57-6l.
Clapp, Wiley. "Great To-Do With the Daewoo," The Gun Dieest Book of Assault Weapons.
(1986),82-87.
Combs, Roger. "A Most Unique Carbine," Gun World, (December] 985),28-31,47.
Combs, Roger. "Galil 7.62mm Nato Rifle", Gun World, (October 1985), 32-36.
Combs, Roger. "The Avtomat Kalashnikov Goes .22," The Gun Digest Book of Assault Weapons,
(1986), 182-195.
Combs, Roger. "The Uniquely Unique F-11," The Gun Digest Book of Assault Weapons, (1988),
188-195.
"Cooking and Heckling with H & K's HK94A3," Gun World, (August 1984), 18-20.
Davis, Russ. "Have Your AK and Shoot it, Too," Guns Magazine, (February 1987),39,62-64.
Dickey, Pete. "The Military Look-Alikes," American Rifleman, (April 1980),30-31, 76.
Egolf, Dick. "Heckler & Koch ' s Super Semi-Auto," American Rifleman, (June 1985),29-32,
65-67.
Ezell, Edward Clinton. Small Anns of the World. Harrisburg: Stackpole Books, 1983.
"FN FNC Rifle," American Rifleman,(January 1988), 58-60.
Ferguson, Tom. "A Hard Look at The AR-180", The Gun Digest Book of Assault Weapons,
(1986),121-127.
French, Howard. "H & K's 9mm Paracarbine," Guns & Ammo, (November 1983), 42-44.
Grennell, Dean A. "The Mitchell AK-47," Gun World, (September 1986),40-41 .
Page 16
278 of 290
A-1645
"Heckler & Koch 91," American Rifleman, (October 1981), 56-58.
"Heckler & Koch Model 94 Carbine," American Rifleman, (February J 988), 46-48.
Hogg, Ian V., ed. Janes' Infantry Weapons. 1987-1988. New York: Jane's Publishing Company,
1987.
Hunnicutt, Robert W. "The Bullpups Have Arrived", American Rifleman, (March 1987),30-35,
70-71.
James, Frank W. "The Springfield Armory SAR-3, " Special Weapons and Tactics, (July 1989),
42-46.
James, Garry. "Austrailian L1AIA Rifle," Guns & Ammo, (December 1987),
James, Garry. "Chinese AK-47 .223," Guns & Ammo, (August 1986),84-86.
James, Garry. "Mitchell Arms AK-22," Guns & Ammo, (November 1985), 72-73, 97.
James, Garry. "Mitchell Heavy Barrel AK-47," Guns & Ammo, (November 1986), 83-84.
James, Garry. "PTK Chinese M-14S Rifle," American Rifleman, (July 1988), 81-82.
James, Garry. "The SAR-48 Rifle, Springfield Armory Reproduces a Classic," Guns & Ammo,
(August 1985), 64-66.
Jarrett, William S., ed. Shooter's Bible. No. 80. Hackensack: Stoeger Publishing Company, 1988.
Kapelsohn, Emanuel. "Steyr's Space-Age AUG," The Gun Digest Book of Assault Weapons,
(1986),45-49.
Karwan, Chuck. "The Fetching Famas," Gun World, (October 1988), 18-21, 78.
Karwan, Chuck. "The Rugged Rifles of Springfield Armory," Gun World, (March 1989), 72-76.
Karwan, Chuck. "ilalmet's Assault Family," The Gun Digest Book of Assault Weapons, (1986),
70-75.
Lachuk, John. ".22 Erma Carbine," Guns & Ammo, (May 1968),58-60.
Lachuk, John. "Bantam Battle Rifles," Guns & Ammo, (January 1987), 36-39, 75-76.
Laidlaw, Angus, ed. Paul Wahl's Big Gun Catalog/I. Bogatao Paul Wahl Corporation, J 988.
Lewis, Jack, ed. The Gun Digest Book of Assault Weapons. Northbrook: OBI Books, Inc., 1986.
Lewis, Jack. "A Family Affair," The Gun Digest Book of Assault Weapons, (1986), 76-81 .
Page 17
279 of 290
A-1646
Lewis, Jack. "EMF's Look-Alike AP-74," The Gun Digest Book of Assault Weapons, (1986),
166-171.
Lewis, Jack. "Something New: The AK in Twenty-Two," Gun World. (July 1985), 32-35.
Lewis, Jack. "Springfield's S.A.R. 48," The Gun Digit Book of Assault Weapons, (1968), 88-93 .
Lewis, Jack. "The Why and How of Rim fires," The Gun Digest Book of Assault Weapons, (1986),
160-171.
Mason, James D. "The Maadi in America," Guns Magazine, (January 1983),33-35, 78.
Musgrave, Daniel D. and Nelson, Thomas B. The World's Assault Rifles. Washington, DC: Goetz
Company, 1967.
O'Meara, Robert. "The Guns oflsrael," Guns Magazine, (January 1989), 33-35, 51.
Paige, Alan. "The AK-47 As A Bullpup?" Firepower, (January 1989), 48-53.
Rees, Clair. "Val met M71-S," Guns & Ammo, (October 1976), 86, 137.
Riekell, Walter. "The Plinker's AK," Guns Magazine, (July 1986), 21.
Roberts, J.B. "Bemosky Wins His Fourth," American Rifleman. (Oct. 1980),49-51.
Sanow, Ed. ''National Match AK-47/S," Firepower, (January 1989),66-71.
Shults, Jim. "The Mean Machine," Gun World, (April 1982),26-28.
"Springfield Armory S.A.R. 48," American Rifleman, (March 1986), 57-58.
Steele, Kevin E. "Beretta BM-59," Guns Magazine. (January 1983), 14.
Steele, Kevin E. "Sporting Firearms Update," Guns Magazine. (Feburary 1980), 52-55. 79, 84-85.
"Steyr-AUG: The Terrible Toy," Gun World, (December 1984), 32-35.
Swenson, Thomas J. "The Incredible Uzi," Guns & Ammo, (Jaunary 1982),32-36, 76.Tappan,
Mel. "Survive: Survival Rifles-Part 2, "Guns & Ammo, (August 1978), 68, 96-97.
Traister, John. "AK Rifle: Chinese AKS or Type 56S," American Rifleman, (May 1988), 50-51 .
"UZI Semi-Automatic .45 Carbine," American Rifleman, (January 1986), 59.
"Uzi Semi-Automatic Carbine," American Rifleman, (August 1981), 55-57.
Page 18
280 of 290
A-1647
"Valmet M78 Rifle," American Rifleman, (April 1988), 64-66
Wahl, Paul, ed. Gun Trader's Guide, 13th Edition, South Hackensack: Stoeger Publishing
Company, 1987.
Warner, Ken, ed. Gun Digest 1989. Northbrook: OBI Books, Inc., 1988.
Wood, J.B. "Beretta's AR70 Sporter," Guns Magazine, (March 1986),38-39,65-66.
Woods, Jim. "Firepower From the Far East-Daewoo," Guns Magazine, (February 1986),28-29,
60-61.
Zwirz, Bob. "Valmet's Military Look," Gun World, (September 1988), 28-30.
NOTE: This information was extracted from the document titled, "Report
and Recommendation of the ATF Working Group on the
Importability of Certain Semiautomatic Rifles", published in a
memorandum to the Director, Stephen E. Higgins from the
Associate Director, Daniel R. Black and approved on July 6, 1989.
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CORRECTED
EXHIBIT
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City of Buffalo, NY
Monday, July 1, 2013
Chapter 180. FIREARMS, ARROWS AND OTHER
WEAPONS
[HISTORY: Derived from Secs. 6, 6-A,7, '4 and 39 of Ch. IX of the Charter and
Ordinances, 1974, of the City of Buffalo; amended in its entirety 5-30-2000, effective
6-12-2000. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order - See Ch. 313.
Obstruction of public safety - See Ch. 345.
Article I. Firearms and Arrows
180-1. Firearms, shotguns, rifles and other dangerous
weapons.
A. Purpose and intent. The City of Buffalo finds that violent crime is a serious problem in the
City and firearms and other dangerous weapons are frequently used in the commission of
crimes, particularly homicides and assaults. The possession of such weapons also often
leads to accidental deaths and injuries. The possession and use of assault weapons and
ammunition-feeding devices for criminal purposes is increasing and poses a serious danger
to public safety. The use of weapons by persons under the influence of drugs and/or alcohol
can readily lead to serious injury or death. The possession of weapons in public facilities and
places also a serious danger to public safety. The possession of toy or imitation
weapons which substantially duplicate actual weapons poses a danger to the person
possessing the weapon and to others. In order to promote and protect the health, safety
and welfare of the public, the City of Buffalo finds it necessary to place restrictions upon the
possession and use of such weapons. The restrictions imposed by this section are intended
to be in addition to restrictions found in state law and are not intended to conflict with
state law provisions.
B. Definitions. As used in this section, the following terms shall have the meanings indicated:
AMMUNITION
Explosives to be fired from a firearm, machine gun, pistol, revolver, rifle, shotgun,
assault weapon or other dangerous weapon.
AMMUNITION-FEEDING DEVICE
Magazines, belts, feedstrips, drums or clips capable of being attached to or utilized with
any center-fire rifle, shotgun or pistol which employs the force of the expanding gases
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from a discharging cartridge to chamber a fresh round after each single pull of the
trigger which, in the case of a rifle or shotgun, holds in excess of five cartridges, or in the
case of a pistol holds in excess of 17 cartridges.
ASSAULT WEAPON
(1) Any center-fire rifle or shotgun which employs the force of the expanding gases
from a discharging cartridge to chamber a fresh round after each single pull of the
trigger, and which is loaded or capable of being loaded with a combination of more
than six cartridges in the ammunition-feeding device and chamber combined. For
the purposes of this section, a weapon is capable of being loaded if it is possessed
by one who, at the same time, possesses:
(a) In the case of a rifle, a fixed or detachable ammunition feeding device which
is attached to or utilized with or capable of being attached to or utilized with
such rifle and which has a capacity of more than five cartridges; or
(b) In the case of a shotgun, an ammunition-feeding device which is attached to
or utilized with or capable of being attached to or utilized with such shotgun
and which has a capacity of more than five cartridges.
(2) A center-fire rifle or shotgun which employs the force of expanding gases from a
discharging cartridge to chamber a fresh round after each single pull of the trigger,
and which has:
(a) A flash suppressor attached to the weapon reducing muzzle flash;
(b) A grenade launcher;
(c) A sighting device making a target visible at night;
(d) A barrel jacket surrounding all or a portion of the barrel, to dissipate heat
therefrom; or
(e) A multi-burst trigger activator.
(3) Any stockless pistol grip shotgun.
(4) For purposes of this section, the term "assault weapon" shall not include any of the
following:
(a) Any weapon which has been modified to render it permanently inoperable
or permanently make it a device no longer defined as an "assault" weapon.
(b) Weapons that do not use cartridges or shells.
(c) Manually operated bolt-action weapons, lever-action weapons, slide-action
weapons or Single-shot weapons.
(d) Multiple-barrel weapons, revolving-cylinder weapons except shotguns,
weapons that use exclusively a rotary Mannlicher-style magazine.
(e) Any antique firearm as defined in 265.00 of the New York State Penal Law
or any curio or relic as defined under United States law which is possessed
by a licensed collector in accordance with United States law.
DISPOSE OF
To dispose of, give away, give, lease, loan, keep for sale, offer, offer for sale, sell, transfer or
otherwise dispose of.
DRUG
Any substance listed in 3306 of the Public Health Law of the State of New York.
DWELLING
One or more rooms, in a building or portion thereof designed or used exclusively as the
residence or sleeping place of one or more persons, designed for occupancy by one
family for cooking, living and sleeping purposes, as defined in Chapter 511, Zoning, of this
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Code.
FIREARM
Any pistol or revolver, or a shotgun having one or more barrels less than 18 inches in
length or any weapon made from a shotgun (whether by alteration, modification or
otherwise) if such weapon, as modified, has an overall length of less than 26 inches; or a
rifle having one or more barrels less than 16 inches in length or any weapon made from a
rifle (whether by alteration, modification or otherwise) if such weapon, as modified, has
an overall length of less than 26 inches. For purposes of this definition, the length of a
barrel on a shotgun or rifle shall be determined by measuring the distance between the
muzzle and the face of the bolt, breech or breechlock when closed and when the shotgun
or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the
distance between the extreme ends of the weapon measured along a line parallel to the
center line of the bore. Such definition, except as otherwise indicated, shall include both
loaded and unloaded firearms, except that it shall not include any antique firearm as
defined in federal or New York State law or any curio or relic as defined under United
States law which is possessed by a licensed collector in accordance with United States
law.
LOCKING DEVICE
A design adaptation or attachable accessory that will prevent the use of the firearm, rifle
or shotgun by an unauthorized user, and includes but is not limited to a trigger lock,
which prevents the pulling of the trigger without the use of a key, or a combination
handle, which prevents the use of the firearm, rifle or shotgun without the alignment of
the combination tumblers.
POSSESS
Have physical possession or otherwise to exercise dominion or control over. The
presence in an automobile of any firearm, rifle or shotgun which is openly visible is
presumptive evidence of its possession by all persons occupying such automobile at the
time such firearm, rifle or shotgun is found, except if such firearm, rifle or shotgun is
found in a vehicle for hire.
PUBLIC PLACE
Any street, including the sidewalk portion thereof, park, playground, recreation area,
cemetery or lot owned, leased, operated or controlled by or on behalf of any
government, municipality or public authority or corporation within the boundaries of the
City, which is generally accessible to the public, except grounds used for educational
purposes.
PUBLIC FACILITY
Any building or facility owned, leased, operated or controlled by or on behalf of any
government, municipality or public authority or corporation within the boundaries of the
City, except buildings or facilities used for educational purposes.
RIFLE
A weapon designed or redesigned, made or remade and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the energy of the
explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore
for each single pull of the trigger.
SHOTGUN
A weapon designed or redesigned, made or remade and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the energy of the
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explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball
shot or a single projectile for each single pull of the trigger.
C. No person shall possess a loaded or unloaded firearm, rifle, shotgun or air gun, or a dagger,
dangerous knife, dirk, razor or stiletto, in a public place or public facility in the City. This
prohibition shall not apply to:
(1) A police officer or peace officer authorized to possess the same.
(2) A government employee or licensed security guard authorized or required by
employment or office to possess the same while acting within the scope of such
employment.
(3) A person in the military service of the State of New York or the United States when duly
authorized to possess the same.
(4) A person transporting a rifle or shotgun in a motor vehicle in the City in accordance
with the provisions of 11-0931, Subdivision 2, of the New York State Environmental
Conservation Law, or otherwise transporting an unloaded rifle, shotgun or air gun in
the City, provided that the same is completely enclosed or contained in a
nontransparent carrying case and either:
(a) Said carrying case is locked; or
(b) A locking device is attached to the weapon and locked in a manner so as to prevent
the weapon from being fired.
(5) An authorized person who, for the purpose of shooting practice, possesses a weapon at
an established target range in a public place other than a park or public facility.
(6) A person voluntarily surrendering the same in accordance with the provisions of Section
265.20 of the Penal law.
(7) Possession of a firearm by a person licensed to carry a firearm pursuant to 400.00 of
the Penal Law or possession or transportation by a gunsmith or dealer in firearms in
accordance with a license issued by the State of New York or the United States, except
that this subsection shall not apply in a park or a public facility other than a parking
garage.
D. No person shall store a firearm, rifle, shotgun or air gun in a dwelling in the City unless said
firearm, rifle, shotgun or air gun is completely enclosed or contained in a nontransparent
locked carrying case or in a locked gun rack, cabinet, closet or safe, or a locking device is
attached to the weapon and locked in a manner so as to prevent the weapon from being
fired. This requirement shall not apply to a rifle, shotgun or licensed firearm carried on the
body of the owner or within such close proximity of the owner that the owner can retrieve
it as quickly and easily as if it were carried on the owner's body.
E. No person shall dispose of any firearm, rifle, shotgun, air gun or ammunition in the City. This
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(1) A gunsmith or dealer in firearms duly licensed by the State of New York or the United
States.
(2) A person disposing of the same to a gunsmith or dealer in firearms duly licensed by the
State of New York or the United States.
(3) A person voluntarily surrendering the same in accordance with the provisions of
265-20 of the Penal Law.
(4) A person disposing of a licensed firearm in accordance with law.
(5) Disposition by intestate or testamentary bequest.
(6) A person disposing of a rifle, shotgun, air gun or ammunition to a family member.
F. No person shall possess an assault weapon or an ammunition-feeding device in the City. This
(1) A police officer or peace officer authorized to possess the same.
(2) A person in the military service of the State of New York or the United States when duly
authorized to possess the same.
265.20 of the Penal law.
States for weapons to be used by police officers or persons in the military service or for
delivery outside of the City.
G. No person shall dispose of an assault weapon or ammunition-feeding device in the City. This
265.20 of the Penal Law.
States for weapons to be used by police offices or persons in the military service or for
delivery outside of the City.
H. No person shall carry a firearm, shotgun, rifle or air gun in the City while such person has
1/10 of 1% or more by weight of alcohol in the person's blood as shown by chemical analysis
of the person's blood, breath, urine or saliva.
I. No person shall carry a firearm, shotgun, rifle or air gun in the City while in an intoxicated
condition.
J. No person shall carry a firearm, shotgun, rifle or air gun in the City while the person's ability
to safely carry such weapon is impaired by the use of a drug.
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K. Any person who carries a firearm, shotgun, rifle or air gun in the City shall be deemed to have
given consent to a breath test and a chemical test of the person's breath, blood, urine or
saliva for the purpose of determining the alcoholic or drug content of the person's blood,
provided that any test is administered at the direction of a police officer having reasonable
grounds therefor. A chemical test must be administered within two hours after such person
has been placed under arrest for a violation of this section or any other law or ordinance
involving the use or possession of a firearm, rifle, shotgun or air gun, or within two hours
after a breath test indicates that alcohol has been consumed by such person. Upon the trial
of any action arising out of an arrest for a violation of Subsection H, I or J of this section,
the court shall admit evidence of the amount of alcohol or drugs in the blood of the person
carrying the firearm, shotgun, rifle or air gun as shown by a test administered pursuant to
this section. Evidence of a refusal to submit to a chemical test shall be admissible in any trial,
proceeding or hearing based upon a violation of such subsections, but only upon a showing
that the person was given sufficient warning, in clear and unequivocal language, of the effect
of such refusal and the person persisted in such refusal.
L. Discharge of weapons; permits.
(1) No person shall discharge an air gun, shotgun, rifle, assault weapon, machine gun,
submachine gun or a firearm of any kind or description in the City, except police
officers, peace officers, members of the military and persons holding permits as in this
subsection provided.
(2) The Commissioner of Police is hereby authorized to grant permits for the discharge of
shotguns at clay pigeons at any particular location or for the discharge of weapons at
target ranges subject to such restrictions and conditions as the Commissioner may
deem necessary. Any person holding such a permit shall obey all the restrictions and
conditions contained herein.
M. Penalties for offenses. A violation of any provision of this section shall be punishable by a fine
not to exceed $1,500 or by imprisonment not to exceed 15 days, or by both such fine and
imprisonment.
N. The provisions of this section are severable, and if any of its provisions shall be held
unconstitutional or invalid, the decision of the court shall not affect or impair any of the
remaining provisions of the same. It is hereby declared to be the intention of the Council
that this section would have been adopted had such unconstitutional or invalid provision
not been included herein. If any term or provision of this section shall be declared
unconstitutional, invalid or ineffective in whole, or in part, by a court of competent
jurisdiction, then to the extent that it is not unconstitutional, invalid or ineffective, such
term or provision shall be in force and effect, nor shall such determination be deemed to
invalidate the remaining terms or provisions thereof. .
180-2. Carrying loaded shotgun or rifle; exceptions.
Nothing herein contained shall be construed to prohibit the possession, custody or use of said
shotgun or rifle for the lawful purpose of self-defense or the defense of others.
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180-3. Sale and use of arrows by children.
A. No person shall offer, sell, loan, lease or give broad head arrows or broadhead tips, also
known as ''hunting arrows or tips," to any child under the age of 16 years.
B. The unlawful use of bows and arrows or other archery devices and the unlawful possession
by a child under 16 years of age of broadhead arrows or tips is hereby declared a nuisance,
and said unlawfully used or possessed archery equipment shall be destroyed as a nuisance in
accordance with law.
180-4. Throwing of missiles prohibited; use of designated
areas required.
No person shall throw stones, snowballs, missiles or other objects or shoot with or use a bow
and arrow or sling or play at ball in a public place or a private place of assemblage except as to
such public or private places designated for such use.
Article II. Open Display or Carrying of Weapons in Certain
Public Buildings
180-5. Legislative findings.
The Common Council, in order to assure the proper protection, health, safety and welfare of
persons lawfully in the public buildings of the City of Buffalo and in order to ensure the
performance of essential governmental functions by City employees without threat or
intimidation to such employees or others, finds it to be in the public interest to prohibit the
open display or transport of any weapon in certain public bUildings of the City.
180-6. Definitions.
When used in this article, the following words and phrases shall have the meanings herein
ascribed to them:
OPENLY CARRY OR DISPLAY
The possession or transport by any person of a weapon, as hereinafter defined, in such a
manner that the weapon is visible to persons in the immediate vicinity, except where such
possession or transportation is consistent with an authorized activity of function at the
specific City building where such possession occurs.
PERSON
Any person, except a police officer or a peace officer.
PUBLIC BUILDING
The following buildings, structures or property owned, occupied or operated by the City of
Buffalo:
A. City Hall.
B. City Court Building.
C. Dunn Tire Park.
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D. Johnnie B. Wiley Sports Pavilion.
E. Kleinhans Music Hall.
WEAPON
A firearm, electronic dart gun, gravity knife, switchblade knife, cane sword, billy, blackjack,
bludgeon, metal knuckles, chuka stick, sandbag. shuriken, sandclub, slingshot dagger,
dangerous knife, dirk, razor, stiletto, imitation pistol or any other dangerous or deadly
instrument or weapon.
180-7. Prohibited acts.
No person shall openly carry or display a weapon in any public building owned, occupied or
operated by the City of Buffalo.
180-B. Surrender and return of weapon.
No person who openly carries or displays a weapon in any public building shall refuse to
surrender such weapon at the request of any police officer or peace officer. Any weapon so
surrendered shall be returned to such person upon his or her departure from the public
building. provided that the possession thereof is lawful.
1BO-9. Possession of illegal weapons.
Nothing contained in this chapter shall be deemed to authorize the possession of any weapon,
the possession of which is made unlawful by any other law, statute, ordinance or resolution.
1BO-10. Possession of legal weapons.
Nothing contained in this chapter shall be deemed to prohibit the possession of any weapon
otherwise lawful under the circumstances herein specified.
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NYSRPA V Cuomo, Record On Appeal, Volume 6

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