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Expired Assault Weapons Ban Would Have Covered Rifle Used In Colorado Shooting

ProudProgressive 2012/07/21 01:14:37
In the wake of the latest example of senseless violence that seems to be all too common lately, people of all political views are asking what can be done to at least try to prevent another tragedy like the one that unfolded in Aurora, Colorado last night. Predictably, many conservatives have taken the view that "if the audience had been armed this could have been prevented", despite the obvious conclusion that with tear gas swirling through the theatre the only thing more guns would have accomplished is more unnecessary death. A number of people have already pointed out that, had the Bush Administration not worked so hard to prevent an extension of the assault weapons ban passed under President Clinton in 1994, neither Jared Loughner nor James Holmes would have had the opportunity to wreak the havoc they did.

Personally, I have never remotely understood the mindset that believes that the answer to senseless gun violence is more guns. But that's just my humble opinion.

Article excerpt follows:

Expired Assault Weapons Ban Would Have Covered Rifle Used In Colorado Shooting
By Zack Beauchamp
Jul 20, 2012

One of the principal weapons used by James Eagan Holmes in the horrific Dark Knight Rises shooting would have been subject to a series of sharp restrictions under the now-expired federal Assault Weapons ban. The AR-15 rife carried by Holmes, a civilian semi-automatic version of the military M-16, would have been defined as a "semiautomatic assault weapon" under the Violent Crime Control and Law Enforcement Act of 1994. If the law was still in force, semiautomatic assault weapons would have been outright banned:

Such weapons were "unlawful for a person to manufacture, transfer, or possess" under section (a)(v)(i).

Though there were several loopholes in the Violent Crime Control Act that allowed gun manufacturers to legally produce slightly modified AR-15s, a new version of the bill proposed in 2008 closed them.

The 1994 Act contained a sunset provision that caused it to automatically expire 10 years after passage, and it was not renewed in 2004, meaning that there are no federal restrictions on the ownership of AR-15s and similar weapons. Both Congressman Ed Perlmutter (who represents Aurora, the site of the shooting) and President Obama proposed a new assault weapons ban during their campaigns.


Today, New York Mayor Michael Bloomberg called on the President and Governor Romney to address gun violence, saying "maybe it's time that the two people who want to be President of the United States stand up and tell us what they are going to do about it, because this is obviously a problem across the country."

Update: Holmes' guns, including his AR-15, were all legally purchased since May from two national chains, Bass Pro Shops and Gander Mountain Guns.

Update: Purportedly, the AR-15 used by Holmes had a high-capacity clip, which were banned as "large capacity ammunition feeding devices" in the 1994 legislation.

Read More: http://thinkprogress.org/justice/2012/07/20/557811...

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  • carl 2012/07/21 01:29:56
    carl
    +5
    Isnt it illegal to murder 17 people? So what will tougher gun laws do to someone who doesnt care about the law?

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  • Ryan 2012/09/06 03:08:34
    Ryan
    "If the law was still in force, semiautomatic assault weapons would have been outright banned:" False the was never illegal to transfer or possess guns made before the Ban was enacted.

    The "high capacity clip" he used caused the gun to jam, making it useless since Holmes didn't know how to clear it.

    The original AWB was a completely useless law. It was pushed as a bill to reduce crime even though "Assault Weapons" were used in less than 1% of crimes.

    Here's a little statistic for you.

    More people are beat to death than killed with assault weapons.

    Assault weapons are one of the best selling classes of firearms and used more in competitive shooting than any other type.

    The AR15's adaptability to other calibers, also make it a very popular hunting rifle.

    After all a gun that allows you to swap from a .22lr (rabbit & small game) to a .223 (very popular coyote and varmint round) to a .243 Super Short Magnum (for big game like Elk) by just pushing out two pins, installing a new upper, and inserting a new magazine is very nice.

    It's also that ability to customize the rifle with very little work to fit your exact need.





    "If the law was still in force, semiautomatic assault weapons would have been outright banned:" False the was never illegal to transfer or possess guns made before the Ban was enacted.

    The "high capacity clip" he used caused the gun to jam, making it useless since Holmes didn't know how to clear it.

    The original AWB was a completely useless law. It was pushed as a bill to reduce crime even though "Assault Weapons" were used in less than 1% of crimes.

    Here's a little statistic for you.

    More people are beat to death than killed with assault weapons.

    Assault weapons are one of the best selling classes of firearms and used more in competitive shooting than any other type.

    The AR15's adaptability to other calibers, also make it a very popular hunting rifle.

    After all a gun that allows you to swap from a .22lr (rabbit & small game) to a .223 (very popular coyote and varmint round) to a .243 Super Short Magnum (for big game like Elk) by just pushing out two pins, installing a new upper, and inserting a new magazine is very nice.

    It's also that ability to customize the rifle with very little work to fit your exact need.

    ar15

    ar15

    ar15
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  • Rogue_Loner 2012/07/21 12:22:40
  • Rogue_L... Rogue_L... 2012/07/21 12:24:02
  • ProudPr... Rogue_L... 2012/07/21 12:57:08
    ProudProgressive
    +1
    Maybe yes, maybe no, but we do know that if the law was still in force he wouldn't have been able to simply walk down to the corner gun store and buy one. Heroin is illegal yet some people still use it. Is that a reason to legalize heroin?
  • Rogue_L... ProudPr... 2012/07/22 14:51:38
  • mich52 2012/07/21 04:57:23
  • ProudPr... mich52 2012/07/21 12:58:20
    ProudProgressive
    Its better than nothing. If it prevents one unnecessary death then it's worth it, in my opinoin.
  • FindingHeartInThisCrazy World 2012/07/21 04:18:52
    FindingHeartInThisCrazy World
    +1
    that guy was very well armed...i have to wonder how he was able to acquire all of those munitions without being noticed...it's incredible.

    we have a neighbor boy we are quite concerned about right now. he is 19, lives with his mother, has no job and sits all day playing video games and surfing the net. he is a total recluse.

    one day he came over to ask us to help him open a tin of army munitions he bought at a show...that is when we realized that kid has some major weaponry over there. recently he came over to ask my husband for a power tool. my husband does not loan out tools so he said he would do the work.

    well...he wanted to alter a gun he has and my husband refused to do that. Is that even legal? anyway, my husband says the kid is accumulating a huge stockpile of weaponry and amunition..he recognized some of the guns that today's killer used over in his stash. He tells me he has quite a large collection of very high powered weapons. why? how?

    it concerns me greatly...

    i try to stay open minded. i try to understand.
  • Navin J... Finding... 2012/10/17 22:49:02
    Navin Johnson (The Jerk)
    +1
    what the? omg,my friend stockpiled a wholebunch of weaponary like that,i'm suprised he didn't use it on anybody
  • john Kills 2012/07/21 01:33:49
    john Kills
    +3
    the man killed 12 people. are you dumb enough to believe he would not have used that gun if it had been banned? i could have killed as many people with a sword or a machete and the only way anyone could stop me would be with a gun.
  • ProudPr... john Kills 2012/07/21 13:02:14
    ProudProgressive
    Somehow I doubt you would be able to stab 70 people from a distance with a machete.

    And no, I honestly don't think he would have used that gun if it had been banned. All of the weapons this guy had were legally obtained. There is no evidence to suggest that he had any contact of any kind with illegal gun runners. He went down to the corner gun shop and bought the most destructive weapon he could find there. If he had not found assault rifles he would not have used them. Yes people would probably have been shot anyway, but isn't it better to have a tragedy where five people are shot than one where seventy are?
  • Ryan ProudPr... 2012/09/06 02:47:13
    Ryan
    He could have purchased a Pre-Ban rifle, or a Full Auto Machine gun. Both Completely legal to own.

    He spent over $16,000 buying supplies for his attack.

    Then again that "dangerous rifle" he used jammed because of the magazine he used, and made it useless.
  • carl 2012/07/21 01:29:56
    carl
    +5
    Isnt it illegal to murder 17 people? So what will tougher gun laws do to someone who doesnt care about the law?
  • ProudPr... carl 2012/07/21 13:03:23
    ProudProgressive
    When you have a gun with six bullets you can shoot at most six people. When you have an assault rifle you can shoot seventy people. Personally, if I had to choose, I'd choose the former. You know, heroin is illegal yet people still use it. Does that mean we should legalize heroin?
  • carl ProudPr... 2012/07/21 14:48:00 (edited)
    carl
    +2
    One could injure hundreds with a single shotgun or kill hundreds with a single bic lighter and a can of gas. So what. We need more laws and more government control because we as a people are to stupid to control ourselves. The government should tag us all and monitor our actions, movements, and bodily fuctions to protect us from ourselves. We need to ban all automobiles also because they cause roughly 40000 deaths in the U.S. each year.
    Big Macs and Whoppers need tp be banned due to the needless deaths they cause people who are too incompetent to manage their own healthy diets. Where do we draw the line?
  • ProudPr... carl 2012/07/21 14:54:46 (edited)
    ProudProgressive
    We draw the line at handing items that have no function other than to kill people to anyone who wants one without making any effort to check whether or not they have a history of violence or mental illness. You might believe you have a legitimate right to protect yourself with a gun, and I respect that you have that right, though I choose not to exercise that right myself. But a six-shooter is enough to defend yourself. A semiautomatic assault rifle that can shoot fifty people in under a minute is not necessary. It's like going to the doctor because you have a hangnail and getting your arm amputated instead.

    When it comes to guns, there really are people (not ALL or even a majority of law abiding gun owners, but still...) who are too stupid to control themselves. Whether you like government or not, one of the key functions of a government is to keep the population safe. Allowing the Jared Loughners or the James Holmeses of the country to have access to weapons of mass destruction doesn't keep anyone safe.
  • carl ProudPr... 2012/07/21 15:00:08 (edited)
    carl
    It takes seconds to swap out a 10 round magazine so you arent accomplishing much by your further government control. I have no problem with background checks for gun purchases. We have much greater safety problems than assault weapons in this country. If he didnt have the assault weapon maybe he would have burned or blew the place up. You dont know.
  • ProudPr... carl 2012/07/21 15:20:11
    ProudProgressive
    Maybe we should limit legal guns to the kind they used to have in old Westerns, where you can only fire two shots and then have to reload. Or maybe we should go back to muskets, where you have to put one ball, and gun powder and other crap in the barrel and tamp it down before you can fire one shot.

    And we actually don't have greater safety problems than assault weapons in this country.
  • carl ProudPr... 2012/07/21 16:13:20
    carl
    No. What about greedy drug companies that dont research cures but only medications which require continual use. What about the toxic food industry? Just to name a few. If you dont like the U.S constitution and the amendments there are other countries.
  • ProudPr... carl 2012/07/21 16:36:27
    ProudProgressive
    As far as the greedy drug companies,, you folks way over there on the right are the ones who blocked the single payer system that President Obama wanted which would not only have eliminated those greedy drug companies but also saved you more money on health care than the ACA does.

    As far as the "toxic food industry", you folks way over there on the right are the ones who think that government inspection of food and regulations regarding cleanliness in food preparation is "government takeover of food", not to mention you folks are the same ones who want to abolish the EPA so that not only will you have no assurance that your next hamburger won't kill you, you won't even be assured that the next drink of water or breath you take won't kill you.

    I have the highest respect for the Constitution. You seem to be unfamiliar with anything it says.
  • carl ProudPr... 2012/07/21 16:39:46 (edited)
    carl
    You folks way over there on the right??? What the hell kind of statement is that? I see you are a bit warp minded. Im done here. Later. A damn obamite I should have known.
  • ProudPr... carl 2012/07/21 16:41:35
    ProudProgressive
    You've made your political leanings quite clear. Have a nice trip.
  • Ryan ProudPr... 2012/09/06 02:48:39
    Ryan
    You do realize more people are beat to death every year than killed with assault weapons right?
  • jerod.b... ProudPr... 2012/07/23 07:47:33
    jerod.burgess
    UMMM let me butt in here and say for one any Assault weapon that is purchased legally is not a full automatic weapon..... Also no gun in any case is, has been, or ever will be considered a weapon of MASS DESTRUCTION. What the Left wing liberals don't see or are to dumb to realize is that with out the second amendment there is nothing protecting the people from there own Government.The second amendment is what protects our First Amendment. Nevertheless the fact here isn't the guns he used it should be about him Had he drove a car bomb into the theater and brought the entire place down no one would turn and say Hey we need stiffer government regulations on who can buy a car. That is the same argument just from a different angle. And I know it sounds ridiculous but so does blaming guns for this act. The thing people are missing here is he had explosives so go ahead and take the assault weapons away then this story would read on the Front page Movie theater Bombing "NO" survivors. Evil will do Evil weather they have a gun explosives, a chain saw, a car, a can of gas and a bic lighter. We are a FREE NATION and I can own whatever kind of Gun I want and if you don't like it then don't buy any but DO NOT TREAD ON ME AND MY RIGHTS. To you these guns have no purpose but one reason this ...
    UMMM let me butt in here and say for one any Assault weapon that is purchased legally is not a full automatic weapon..... Also no gun in any case is, has been, or ever will be considered a weapon of MASS DESTRUCTION. What the Left wing liberals don't see or are to dumb to realize is that with out the second amendment there is nothing protecting the people from there own Government.The second amendment is what protects our First Amendment. Nevertheless the fact here isn't the guns he used it should be about him Had he drove a car bomb into the theater and brought the entire place down no one would turn and say Hey we need stiffer government regulations on who can buy a car. That is the same argument just from a different angle. And I know it sounds ridiculous but so does blaming guns for this act. The thing people are missing here is he had explosives so go ahead and take the assault weapons away then this story would read on the Front page Movie theater Bombing "NO" survivors. Evil will do Evil weather they have a gun explosives, a chain saw, a car, a can of gas and a bic lighter. We are a FREE NATION and I can own whatever kind of Gun I want and if you don't like it then don't buy any but DO NOT TREAD ON ME AND MY RIGHTS. To you these guns have no purpose but one reason this Country has never had a Foreign invasion on our soil is due to the fact that the number of citizens who KEEP AND BEAR ARMS is great then any Army in the world. The number is somewhere in the ball field of 15 million. That is why you are FREE to have what ever beliefs you want. People never see the need in anything until it is needed! I do respect your Opinion and you are entitled to it, but I am also entitled to own what ever type of firearm I wish to own. If Government can take some of our rights then guess what they can take all of our rights and no constitution written on a piece of fragile paper would stop them. The reason it is Amended that WE the American people have the right to keep and bear arms is not to just protect us from domestic threats such as the murders and criminals in general,but also ourselves. Abraham Lincoln said "If ever America should fall to an enemy it will not be to any enemy from without but to an enemy from within" And that enemy will be the ones who are throwing our Rights away just because they don't like them or don't believe in them.
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  • Samantha 2012/07/21 01:28:19
    Samantha
    +2
    Yes, it would have but, of course, don't expect anyone in the radical American gun culture to admit that fact.
  • ProudPr... Samantha 2012/07/21 13:04:09
    ProudProgressive
    Of course not.
  • Ryan Samantha 2012/09/06 03:12:07
    Ryan
    Because the law never banned owning an AR15.

    It just said no new ones could be sold.

    Guns made before the Ban were completely legal to own and sell.

    In fact machine guns were completely legal to own throughout the entire ban.

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