Romney Was for the 'Assault Weapon' Ban Before He Was Against It
Jacob Sullum | February 4, 2008, 12:25pm
LJ at Race 4 2008 catches Mitt Romney reversing his position on the federal "assault weapon" ban in the space of less than two months. In a December 16 interview with Tim Russert on NBC's Meet the Press, Romney said that if elected president he would sign a bill reviving the ban, which expired in 2004. In an interview with Glenn Reynolds and Helen Smith over the weekend, Romney said he saw no need for new gun control legislation and would veto any that crossed his desk.
Romney told Russert that he wanted to "keep weapons of unusual lethality from being on the street" and suggested that the "assault weapon" ban, a version of which he signed as governor of Massachusetts, was part of that effort. Evidently he does not realize that such laws ban firearms based not on their "lethality" but on their scary, militaristic appearance. Functionally identical guns fell on different sides of the line drawn by the federal ban because of irrelevant details such as the composition of the stock or the presence of a bayonet mount. Many firearms not covered by the law (e.g., ordinary shotguns) were more lethal than the intermediate-caliber guns it proscribed. As with the ban on "partial birth" abortions, the ban on "assault weapons" set a potentially powerful precedent precisely because the distinctions it drew were so arbitrary.
Not that Romney has given the issue much, if any, thought. When he wanted to look like a gun control moderate, he supported assault weapon bans. Now that he wants to look like a diehard defender of the right to keep and bear arms, he opposes them. He used to emphasize his differences with the NRA, and now he claims an NRA endorsement he never actually received.
joe | February 4, 2008, 1:00pm | #
Here is the entirety of the 1994 Assault Weapons Ban section of the Crime Bill:
SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
(a) RESTRICTION- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:
`(v)(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.
`(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.
`(3) Paragraph (1) shall not apply to--
`(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993;
`(B) any firearm that--
`(i) is manually operated by bolt, pump, lever, or slide action;
`(ii) has been rendered permanently inoperable; or
`(iii) is an antique firearm;
`(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or
`(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in Appendix A shall not be construed to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from Appendix A so long as this subsection is in effect.
`(4) Paragraph (1) shall not apply to--
`(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);
`(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or
`(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.'.
(b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON- Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:
`(30) 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) SWD M-10, M-11, 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;
`(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--
`(i) a folding or telescoping stock;
`(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
`(iii) a bayonet mount;
`(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
`(v) a grenade launcher;
`(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--
`(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
`(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
`(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
`(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
`(v) a semiautomatic version of an automatic firearm; and
`(D) a semiautomatic shotgun that has at least 2 of--
`(i) a folding or telescoping stock;
`(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
`(iii) a fixed magazine capacity in excess of 5 rounds; and
`(iv) an ability to accept a detachable magazine.'.
(c) PENALTIES-
(1) VIOLATION OF SECTION 922(v)- Section 924(a)(1)(B) of such title is amended by striking `or (q) of section 922' and inserting `(r), or (v) of section 922'.
(2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME- Section 924(c)(1) of such title is amended in the first sentence by inserting `, or semiautomatic assault weapon,' after `short-barreled shotgun,'.
(d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS- Section 923(i) of such title is amended by adding at the end the following: `The serial number of any semiautomatic assault weapon manufactured after the date of the enactment of this sentence shall clearly show the date on which the weapon was manufactured.'.
Nothing about "synthetic vs. wooden vs. metal stocks," but whole lotta banned weapons that were manufactured with metal stocks.
So, no Episiarch, you are talking out of your ass.