Public Safety And Recreational Firearms Use Protection Act Pdf
File Name: public safety and recreational firearms use protection act .zip
- Assault Weapons and High-Capacity Magazines Must Be Banned
- NIJ – Gun Violence
- Consulenza prima e dopo l’acquisto.
Assault Weapons and High-Capacity Magazines Must Be Banned
Topic Areas About Donate. The Act identifies prohibited weapons either by specific make or model, or by the presence of specific characteristics, varying according to whether the weapon is a rifle, pistol, or shotgun.
The Act contains several exemptions to the general prohibition on semiautomatic assault weapons and large capacity ammunition feeding devices, such as specifically identifying roughly types or models of firearms that are not covered under the ban, and further providing that the provisions of the ban do not apply to the possession or transfer of any weapon or feeding device that was otherwise lawfully possessed on the date of enactment.
Additionally, the ban was authorized for a period of ten years, and is slated to expire on September 13, Several constitutional challenges have been lodged against the provisions of the assault weapons ban, all of which have been rejected by reviewing courts.
In particular, it has been determined that the Act does not violate the Ninth Amendment, does not constitute a Bill of Attainder, and is not unconstitutionally vague. Lopez that the ban operates in violation of the Commerce Clause. Additionally, courts have considered arguments maintaining that the ban violates the Equal Protection Clause since it prohibits weapons that are the functional equivalents of weapons exempted from the Act and because the prohibition of other weapons based upon an amalgam of independent characteristics serves no legitimate governmental purpose.
Such challenges have been rejected upon a determination that Congress may rationally distinguish between firearms commonly used in the commission of violent crimes and those suited for sporting purposes, irrespective of their functional similarity, and that Congress could logically conclude that a confluence of dangerous characteristics on a firearm could increase the likelihood that such a firearm would be used for dangerous purposes.
Despite judicial validation of the ban, a lack of accord remains between those who view the ban as an essential part of federal efforts to reduce firearm violence and those who maintain that the difference between banned and exempted weapons largely hinges on cosmetic distinctions with little bearing on functionality.
As such, initial proposals to reauthorize the ban prior to its expiration have not progressed legislatively, raising questions regarding the future scope of federal firearm laws.
Contents Introduction. Restrictions on Sales. Restrictions on Interstate Transfers. Banned Weapons and Devices.
Exempt Weapons and Devices. Treatment of Assault Weapons Under 18 U. Commerce Clause. Equal Protection. In addition to providing an overview of the ban and its relation to federal firearm laws, this report also discusses the disposition of legal challenges to the ban, as well as legislative proposals to extend and modify the ban beyond September 13, , when the ban is currently slated to expire.
The individuals targeted by this provision include: 1 persons convicted of a crime punishable by a term of imprisonment exceeding one year; 2 fugitives from justice; 3 individuals who are unlawful users or addicts of any controlled substance; 4 persons legally determined to be mentally defective, or who have been committed to a mental institution; 5 aliens illegally or unlawfully in the United States, as well as those who have been admitted pursuant to a nonimmigrant visa; 6 individuals who have been discharged dishonorably from the Armed Forces; 7 persons who have renounced United States citizenship; 8 individuals subject to a pertinent court order; and, finally, 9 persons who have been convicted of a misdemeanor domestic violence offense.
The GCA, as enacted and amended, contains a public interest exception for all but one of the aforementioned disqualification categories. Specifically, except for 18 U. CRS-2 A. In order to effectuate the general prohibitions outlined above, the GCA also imposes significant requirements on the transfer of firearms.
Pursuant to the Act, any person who is engaged in the business of importing, manufacturing, or dealing in firearms must possess a Federal Firearms License FFL issued by the Attorney General.
CRS-3 firearm to a disqualified individual, but are not required to conduct Brady background checks or maintain official records of transactions. In addition to the aforementioned requirements imposed upon the sale of firearms by licensed and unlicensed individuals generally, federal law also places significant limitations on the actual interstate transfer of weapons.
While the possession of a FFL grants a dealer the ability to sell and ship firearms in interstate or foreign commerce, the GCA places several restrictions on the manner in which a transfer may occur.
Instead, a licensee making a firearm sale to a non-resident must transfer the weapon to a licensee in the destination state, from whom the transferee may obtain the firearm after passing the required NICS check. Firearms, including handguns, may be shipped by common carrier upon disclosure and subject to the restrictions discussed above.
See 18 U. The provisions of the assault weapons ban are slated to expire on September 13, Codified at 18 U. May 2, See Caroline Wolf Harlow, Ph.
September 13, It is interesting to note that the assault weapons ban marks only the second time that Congress has prohibited the manufacture of specific firearms. The Undetectable Firearms Act of , P. CRS-5 Weapons banned under the Act are identified either by specific make or model including copies or duplicates thereof, in any caliber , or by specific characteristics, varying according to whether the weapon is a rifle, pistol, or shotgun.
Regarding weapons with specific characteristics that fall under the Act, semiautomatic rifles that have the ability to accept a detachable magazine in addition to possessing at least two of the following five features are banned: 1 a folding or telescoping stock; 2 a pistol grip that protrudes conspicuously beneath the action of the weapon; 3 a bayonet mount; 4 a flash suppressor or threaded barrel capable of accepting such a suppressor; or 5 a grenade launcher.
This definition does not include an attached tubular device designed to accept and capable of operating only with. ATF has issued regulations requiring that large capacity ammunition feeding devices manufactured or imported under the Act be identified with a serial number, and domestically continued CRS-6 B. The Act contains several exemptions to the general prohibition on the manufacture, transfer, and possession of semiautomatic assault weapons and the transfer or possession of large capacity ammunition feeding device.
As noted above, the Act applies only to covered weapons and devices manufactured after September 13, Accordingly, the Act does not prohibit the possession or transfer of any semiautomatic assault weapon or large capacity ammunition feeding device that was otherwise lawfully possessed on the date of enactment. Rather, the Act provides that absence from the list shall not be construed to mean that the weapon is banned unless it is otherwise prohibited, either by specific identification, or by the presence of the qualifying characteristics discussed above.
Other exemptions include transfer for purposes of federal security pursuant to the Atomic Energy Act, as well as possession by a retired law enforcement officer who is not otherwise prohibited from receiving the weapon or device. Imported devices must bear the name of the manufacturer and the country of origin, and, since July 5, , must bear the name, city, and state of the importer. It should also be noted that no weapon can be removed from the list of exempted weapons so long as the assault weapons ban is in effect.
Accordingly, on April 6, , the ATF prohibited the importation of 56 such rifles, ruling that they were unsuitable for sporting purposes. Legal Challenges to the Assault Weapons Ban The assault weapons ban has been challenged unsuccessfully as being violative of several different constitutional provisions.
While arguments that the Act constitutes an impermissible Bill of Attainder,35 is unconstitutionally vague,36 and contrary to the Ninth Amendment37 have been dismissed readily, challenges relating to the Commerce Clause and the Equal Protection Clause have received more measured consideration. United States, F. Starr, F. Reno, 98 F.
CRS-8 A. CRS-9 Courts addressing the impact of Lopez on the validity of the assault weapons ban have readily determined that the Act meets minimum constitutional requirements under the Commerce Clause. In Navegar, Inc. United States,47 for instance, the Court of Appeals for the District of Columbia addressed the question of whether the assault weapons ban fell within one of the three categories of activity identified in Lopez.
For that reason, it is necessary to examine the purposes behind the Act to determine whether it was aimed at regulating activities which substantially affect interstate commerce. See also, Olympic Arms v. Magaw, 91 F. Buckles, F. Darby, U. Filburn, U.
CRS receiver. It has also been argued that the assault weapons ban violates the Equal Protection Clause in that it prohibits weapons that are the functional equivalents of weapons protected under the Act, and because the prohibition of other semiautomatic assault weapons based upon their characteristics serves no legitimate governmental purpose.
Determining the level of scrutiny to be applied under the Equal Protection Clause hinges upon an analysis of whether a law negatively impacts a suspect class or a fundamental right. If there is such an impact, the law is subjected to strict scrutiny, requiring the government to prove that the law is necessary to satisfy a compelling governmental interest.
In Olympic Arms v. Cleburne Living Center, U. Doe, U. See Olympic Arms v. CRS outlawed destroy the constitutional legitimacy of the Act. In particular, the court found it significant that the list of prohibited firearms was developed to target weapons commonly used in the commission of violent crimes. The fact that many of the protected weapons are somewhat similar in function to those that are banned does not destroy the rationality of the congressional choice.
Three bills aimed at repealing the expiration date and making substantive changes to the provisions of the Act have been introduced, one in the House, and two in the Senate. Senator Diane Feinstein has forwarded a proposal, S. Williams, U. Natural Carbonic Gas, U. However, these measures would make additional significant changes to the Act, such as: 1 making numerous additions to the list of specifically prohibited firearms including the M1 Carbine and the Sturm, Ruger Mini ; 2 making the characteristic-based prohibitions more restrictive; 3 removing the exemption for any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; 4 requiring that semiautomatic assault weapons not prohibited under the Act may only be transferred through a licensed dealer or a state or local law enforcement agency; 5 prohibiting the transfer of any assault weapon with a large capacity ammunition feeding device; and 6 prohibiting the transfer to, or possession by, any juvenile of any semiautomatic assault weapon or large capacity ammunition feeding device, without exception.
While the provisions of the assault weapons ban have been a significant source of controversy, reviewing courts have rejected all challenges to the validity of the Act, determining that it comports with minimum constitutional requirements.
Irrespective of judicial affirmance, there remains little political accord on the Act. As such, initial efforts to ensure the reauthorization of the ban prior to its expiration on September 13, , have garnered scant legislative attention, raising questions regarding the future scope of federal firearm laws.
Download PDF. Download EPUB. Topic areas American Law.
NIJ – Gun Violence
The term assault weapon is controversial. In state and federal gun laws, it generally refers to specific semiautomatic firearm models that are designed to fire a high volume of ammunition in a controlled way or that have specified design features, such as folding stocks or pistol grips for differences in definitions across states, see the state implementation section on this page. Furthermore, they argue that the characteristics used to differentiate banned firearms from nonbanned semiautomatic weapons are cosmetic and do not make them more deadly than similar weapons without those features. In , Congress passed the Violent Crime Control and Law Enforcement Act, which banned "the manufacture of military-style assault weapons, assault weapons with specific combat features, 'copy-cat' models, and certain high-capacity ammunition magazines of more than ten rounds" U. Department of Justice, ; see also Pub. The law included a sunset provision, calling for its repeal after ten years.
Click here to view other fact sheets in this series. Assault weapons and high-capacity magazines have repeatedly been used to commit some of the worst mass shootings in modern U. They are weapons of war that have no place in civilian society. Congress must enact a federal ban on assault weapons and high-capacity magazines to keep these dangerous weapons out of U. Assault weapons are semi-automatic firearms—meaning that they fire a round every time the trigger is pulled—that are capable of accepting a detachable magazine and have another military-style feature such as a pistol grip, a folding stock, or a threaded barrel. Firearm manufacturers, in response to declining sales of handguns, began selling assault rifles in the civilian market in the s as part of a broader effort to create a new market for military-style guns among civilian gun owners.
The reactions of the gun market, including those of producers, wholesalers, retailers, and consumers, play an important role in shaping the potential impact of gun control policies on gun crime. As a case in point, this paper examines the federal Violent Crime Control and Law Enforcement Act of , which bans a group of military-style semiautomatic firearms i. Using a variety of national and local data sources, we assess the short-term — impact of the assault weapons ban on gun markets, examining trends in prices and production of the banned weapons in legal markets and assessing the availability of the banned weapons in illicit markets as measured by criminal use. Prices of assault weapons rose substantially around the time of the ban's enactment, reducing the availability of assault weapons to criminal users in the very short run. However, a surge in assault weapon production just before the ban caused prices to fall in the months following the ban. Implications of the findings for assessing this and other gun control policies are discussed.
Senate version). H.R. (rd): Public Safety and Recreational Firearms Use Protection Act. enacted into law. Download PDF AN ACT. To make unlawful the transfer or possession of assault weapons. Be it enacted by This Act may be cited as the 'Public Safety and Recreational Firearms Use Protection Act'.
Consulenza prima e dopo l’acquisto.
Firearms account for a substantial proportion of external causes of death, injury, and disability across the world. Legislation to regulate firearms has often been passed with the intent of reducing problems related to their use. However, lack of clarity around which interventions are effective remains a major challenge for policy development. We restricted our search to studies published from to Evidence from studies in 10 countries suggests that in certain nations the simultaneous implementation of laws targeting multiple firearms restrictions is associated with reductions in firearm deaths.
The Public Safety and Recreational Firearms Use Protection Act or Federal Assault Weapons Ban AWB was a subsection of the Violent Crime Control and Law Enforcement Act of , a United States federal law which included a prohibition on the manufacture for civilian use of certain semi-automatic firearms that were defined as assault weapons as well as certain ammunition magazines that were defined as " large capacity. The ban applied only to weapons manufactured after the date of the ban's enactment.
Ban advocates argue that these weapons are particularly dangerous because they facilitate the rapid firing of high numbers of shots. In response to a Congressional mandate for an impact assessment of the law, this study utilized national and local data sources and a variety of analytical techniques to examine the ban's short-term impact on gun violence. The ban may have contributed to a reduction in gun homicides, but a statistical power analysis of our model indicated that any likely impact from the ban will be very difficult to detect statistically for several more years. We found no evidence of reductions in multiple-victim gun homicides or multiple-gunshot wound victimizations.
Джабба встряхнул бутылочку с острой приправой Доктор Пеппер. - Выкладывай. - Может быть, все это чепуха, - сказала Мидж, - но в статистических данных по шифровалке вдруг вылезло что-то несуразное.
Если бы Сьюзан не была парализована страхом, она бы расхохоталась ему в лицо.