On May 8, two bills to expand the 1994 Clinton Gun
Ban, the so-called "assault weapon" law, were introduced in Congress.
In the House of Representatives, Rep. Carolyn McCarthy introduced
H.R. 2038, a bill to ban millions more guns than the Clinton ban
does, by arbitrarily changing the federal definition of "assault
weapon" so that it applies to more guns and basic types of guns than
before. The bill also ban millions more ammunition magazines than the
Clinton ban does, and it begins backdoor registration of gun owners.
(Click
here for the H.R. 2038 fact
sheet.)
In the Senate, the 1994 law's authors, Sen. Dianne
Feinstein (D-Calif.) and Sen. (then-Rep.) Charles Schumer (D-N.Y.),
introduced S. 1034. The bill is less extreme than McCarthy's, which
they hope will give it a greater chance of passage. The two senators'
recently explained their strategy:
Feinstein also said she would like to push for
stronger gun controls, but
"it isn't in the cards
right now."
"We know that if we
push it too far, we'll have no bill,"
Schumer added. (Los Angeles Times, May 9,
2003.)
When Sen. Feinstein says "right now," it has a
special meaning. She is already on record supporting gun
confiscation, having said, "If I could have gotten 51 votes in the
Senate of the United States for an outright ban, picking up every one
of them, Mr. and Mrs. America, turn them all in, I would have done
it. I could not do that. The votes weren't there." --CBS 60
Minutes, Dec. 5, 1995
S.
1034 Does Not Merely "Reauthorize" or "Extend" the Clinton Gun
Ban
- It Permanently bans
millions of guns and ammunition magazines, including magazines
used in the most popular target shooting rifles and conventional
handguns. Congress limited the Clinton
Gun Ban to a 10-year trial period, and mandated that during that
period a study be conducted of its effectiveness. The study found
that the law has had little, if any, effect on crime, because "the
banned weapons and magazines were never involved in more than a
modest fraction of all gun murders." (Urban Institute, "Impact
Evaluation of the Public Safety and Recreational Firearms Use
Protection Act of 1994," 3/13/97.) Obviously, the law should not
have been imposed, and it deserves to terminate on
schedule.
- It expands the Clinton Gun
Ban by banning the importation of magazines.
Currently, all magazines made before the
Clinton ban took effect are legal. Most guns that would be
affected by a new ban on imported magzines are expensive,
conventional handguns, like Brownings and Berettas.
- It Places legitimate importers at increased risk of groundless prosecution for a 10-year felony
offense. Under the 1994 law,
when a person is charged with possessing a magazine manufactured
after the law's effective date, the government has the burden of
proving that the magazine was manufactured after that date.
However, S. 1034 does not impose the same burden of proof upon the
government if a person is charged with importing a magazine
manufactured after that date. The omission is designed to
intimidate legitimate importers into not importing magazines at
all, for fear that, unbeknowst to them, even a single magazine
they imported might have been manufactured after that
date.
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