Rethinking A Ban On Assault Weapons

By Donnell Suggs/Staff

During the presidential campaign and early in his presidency, President Obama indicated he would attempt to strengthen the laws regulating firearms by reinstating and making permanent the Federal Ban on Assault Weapons.

The Second Amendment to the United States Constitution declares that “the right of the people to keep and bear arms shall not be infringed.”  Since the enactment of the Second Amendment, however, high profile incidents such as Columbine, Virginia Tech, and the murders of the 5 Amish female students in October 2006, have led to calls for tougher laws on assault weapons.      

In Georgia, it is against the law to possess dangerous weapons unless they are inoperable or registered under the National Firearms Act.  O.C.G.A. § 16-11-122.   Dangerous weapons include, sawed-off shotguns or rifles, machine guns (which shoot or are designed to shoot, automatically, more than six shots, without manual reloading, by a single function of the trigger), silencers, and other devices commonly used for military purposes such as hand grenades.  It is not unlawful to purchase an AK-47.  The original AK-47 is a military assault rifle developed in the Soviet Union by Mikhail Kalashnikov in the 1940’s.  The AK-47 sold in gun shops today is a semi-automatic  (fires one round for every pull of the trigger) “look alike” of the military automatic assault rifle first developed.    

During the presidential campaign and early in his presidency, President Obama indicated he would attempt to strengthen the laws regulating firearms by reinstating and making permanent the Federal Ban on Assault Weapons.  The original ban was signed into law by then President Bill Clinton in 1994.  The ban prohibited the manufacture, sale, and possession of more than 19 types of semi- automatic military style guns.  A number of assault weapons were covered by the ban such as AR-15's, Tec-DC9's, Uzi’s and AK-47's,  as well as large capacity magazines capable of feeding more than 10 rounds without having to reload.  18 U.S.C. § 922.  There was an exemption for pre-existing weapons. The ban expired during the Bush Administration.     

At a February 25, 2009 news conference regarding the arrest of more than 700 alleged Mexican drug cartel members, Attorney General Eric Holder endorsed reinstating the ban on assault weapons. He said it would decrease the flow of guns from the U.S. into Mexico.   “There are just a few gun-related charges that we would like to make, and among them would be to reinstate the ban on the state of assault weapons,” said Holder.       

Holders’ comments led to an immediate backlash.  The National Rifle Association (NRA) sent out alerts to its members.  The purchase of guns and ammunition soared amidst fears that the Obama Administration would attempt to reinstate the ban.  Pressure was also mounted on politicians.  Sixty-five Democrats in the U.S. House of Representatives signed a letter saying they would oppose any new ban.  The representatives questioned the effectiveness of the ban.  Also, twenty-three State Attorney Generals, including Georgia’s Thurbert Baker, wrote a letter to Holder voicing opposition.  The backlash caused the Obama administration to rethink talk of reinstating the ban.  Senior White House Advisor, David Axelrod, reportedly said in April that the Obama administration had not yet committed to make an assault weapons ban a priority, given the other challenges the administration faces.  Holder himself retreated from his earlier comments stating a month later that “I think what we are going to do is try to obviously enforce the laws we have on the books.”     

The ban on assault weapons was controversial since its inception.  Those in support of a ban like the Brady Center to Prevent Gun Violence point out that in the first four years after the ban expired, at least 163 people have been killed, and 115 wounded with military-style assault weapons, including 38 police officers killed or wounded.  In a report titled On Target, the Brady Center claimed that before the ban the assault weapons named in the ban accounted for 4.82% of guns traced by the Bureau of Alcohol, Tobacco and Firearms (ATF) to criminal activity, or suspected criminal activity.  The Brady Center claimed that after the ban those assault weapons made up only 1.67% of ATF traces.  They maintained that the access to military weapons altered balance of power between criminals and the police, endangering the police, and making communities less safe.  Pennsylvania Governor Ed Rendell, says that there is no “rational reason” to allow the sale of assault weapons. “They are used for only one reason… to kill and maim people,” he said.       

Opponents of reinstating the ban, such as the NRA, call for stronger enforcement of existing laws.  They point out that these semi-automatic weapons are used by law abiding citizens for competitive shooting, hunting and self defense.  Opponents also fear a slippery slope of restrictions on personal liberty.  They maintain that tougher gun laws are useless because criminals buy guns through illegal means.  Opponents of a ban also reject the idea that the ban would have any impact on Mexican drug cartel violence.            

Georgia law does not require the registration of firearms.  However, in order to carry a firearm openly or concealed (outside your home, vehicle or business) a license is required.  O.C.G.A. § 16-11-129.  A concealed weapon being carried by a licensed person must be in a holster or other securing device.   In Georgia it is unlawful for convicted felons to keep, own, bear, wear, and/or carry firearms.  It is also a felony to act as a “straw purchaser” and buy a weapon for someone else.   O.C.G.A. § 16-11-113.  It is also unlawful, with limited exceptions for those under the age of 18 to possess handguns or to give a firearm to someone under the age of 18.