Impacts of the 1994 Assault Weapons

NT OF ME J T US U.S. Department of Justice R T A I P C E E D B O J C S Office of Justice Programs F A V M F O I N A C I J S R E BJ G O OJJ DP O F PR National Institute of Justice JUSTICE National Institute of Justice R e s e a r c h i n B r i e f Jeremy Travis, Director March 1999 Issues and Findings Impacts of the 1994 Assault Discussed in this Brief: This study examines the short-term impact Weapons Ban: 1994–96 (1994–96) of the assault weapons ban on gun markets and gun- by Jeffrey A. Roth and Christopher S. Koper related violence as contained in Title XI of the Federal Violent Crime On January 17, 1989, Patrick Edward zines. The legislation required the Attor- Control and Law Enforcement Act Purdy, armed with an AKS rifle—a ney General to deliver to Congress within of 1994. Title XI prohibits the semiautomatic variant of the military 30 months an evaluation of the effects of manufacture, sale, and possession AK–47—returned to his childhood the ban. To meet this requirement, the of specific makes and models of military-style semiautomatic fire- elementary school in Stockton, California, National Institute of Justice (NIJ) funded arms and other semiautomatics and opened fire, killing 5 children and research from October 1995 to December with multiple military-style features wounding 30 others. Purdy, a drifter, 1996 to evaluate the impact of Subtitle A. (detachable magazines, flash sup- squeezed off more than 100 rounds in This Research in Brief summarizes the pressors, folding rifle stocks, and 1 minute before turning the weapon on results of that evaluation. threaded barrels for attaching himself. silencers) and outlaws most large A number of factors—including the fact capacity magazines (ammunition- During the 1980s and early 1990s, this that the banned weapons and magazines feeding devices) capable of holding tragedy and other similar acts of seem- were rarely used to commit murders in more than 10 rounds of ammuni- ingly senseless violence, coupled with this country, the limited availability of tion. Weapons and magazines escalating turf and drug wars waged by data on the weapons, other components of manufactured prior to September urban gangs, sparked a national debate the Crime Control Act of 1994, and State 13, 1994, are exempt from the ban. over whether legislation was needed to and local initiatives implemented at the Key issues: Although the weapons end, or at least restrict, the market for im- same time—posed challenges in discern- banned by this legislation were used ported and domestic “assault weapons.” ing the effects of the ban. The ban ap- only rarely in gun crimes before Beginning in 1989, a few States enacted pears to have had clear short-term effects the ban, supporters felt that these their own assault weapons bans, but it on the gun market, some of which were weapons posed a threat to public was not until 1994 that a Federal law was unintended consequences: production of safety because they are capable of enacted. the banned weapons increased before the firing many shots rapidly. They law took effect, and prices fell afterward. argued that these characteristics On September 13, 1994, Title XI of the This suggests that the weapons became enhance offenders’ ability to kill and Federal Violent Crime Control and Law more available generally, but they must wound more persons and to inflict Enforcement Act of 1994—known as the have become less accessible to criminals multiple wounds on each victim, so Crime Control Act of 1994—took effect. because there was at least a short-term that a decrease in their use would Subtitle A (the Public Safety and Recre- decrease in criminal use of the banned reduce the fatality rate of gun ational Firearms Use Protection Act) of weapons. attacks. the act banned the manufacture, transfer, The ban’s impact on lethal gun and possession of certain semiautomatic Debated in a politically charged environ- violence is unclear because the firearms designated as assault weapons ment, the Public Safety and Recreational short period since the enabling and “large capacity” ammunition maga- Firearms Use Protection Act, as its title legislation’s passage created methodological difficulties for continued… R e s e a r c h i n B r i e f Issues and Findings suggests, attempted to balance two or “sporterizing” a rifle by removing continued… competing policy goals. The first was to its pistol grip and replacing it with a respond to several mass shooting inci- thumbhole in the stock, for example, researchers. The National Institute dents committed with military-style and was sufficient to transform a banned of Justice is funding a followup study by the authors that is ex- other semiautomatics equipped with weapon into a legal substitute. On April pected to be released in 2000. It magazines holding large amounts of am- 5, 1998, President Clinton signed an will assess the longer term impacts munition. The second consideration was to Executive order banning the imports of of the ban and the effects of the limit the impact of the ban on recreational 58 foreign-made substitutes. other firearms provisions of Title XI. gun use by law-abiding owners, dealers, The long-term impacts of the ban and manufacturers. The ban specifically Gun bans and gun crime could differ substantially from the prohibited only nine narrow categories of short-term impacts. pistols, rifles, and shotguns (see exhibit 1). Evidence is mixed about the effectiveness It also banned “features test” weapons, that of previous gun bans. Federal restrictions Key findings: The authors, using enacted in 1934 on the ownership of fully a variety of national and local data is, semiautomatics with multiple features (e.g., detachable magazines, flash suppres- automatic weapons (machine guns) ap- sources, examined market trends— pear to have been quite successful based prices, production, and thefts—for sors, folding rifle stocks, and threaded bar- on the rarity with which such guns are the banned weapons and close rels for attaching silencers) that appeared 1 substitutes before estimating useful in military and criminal applications used in crime. Washington, D.C.’s re- potential ban effects and their but that were deemed unnecessary in strictive handgun licensing system, which consequences. shooting sports (see exhibit 2). The law also went into effect in 1976, produced a drop banned revolving cylinder shotguns (large in gun fatalities that lasted for several ● The research shows that the 2 capacity shotguns) and “large capacity years after its enactment. Yet, State and ban triggered speculative price in- magazines,” defined as ammunition- local bans on handguns have been found creases and ramped-up production to be ineffective in other research.3 of the banned firearms prior to the feeding devices designed to hold more law’s implementation, followed by than 10 rounds, far more than a hunter or The inconsistency of previous findings a substantial postban drop in prices competitive shooter might reasonably need may reflect, in part, the interplay of sev- to levels of previous years. (see exhibit 3). eral effects that a ban may have on gun ● Criminal use of the banned guns Various provisions of the ban limited markets. To reduce criminal use of guns declined, at least temporarily, after its potential effects on criminal use. As and the tragic consequences of such use, the law went into effect, which shown in exhibit 1, about half the banned a ban must make the existing stockpile suggests that the legal stock of makes and models were rifles, which are of guns less accessible to criminals (see preban assault weapons was, at hard to conceal for criminal use. Imports exhibit 4) by, for example, raising their 4 least for the short term, largely in of the five foreign rifle categories on this purchase prices. However, the anticipa- the hands of collectors and dealers. list had been banned in 1989. Further, tion of higher prices may encourage gun manufacturers to boost production just ● Evidence suggests that the ban the banned guns are used in only a small may have contributed to a reduc- fraction of gun crimes; even before the before the ban takes effect in the hope of tion in the gun murder rate and ban, most of them rarely turned up in generating large profits from the soon-to- murders of police officers by crimi- law enforcement agencies’ requests to the be collectors’ items. Immediately after the nals armed with assault weapons. Bureau of Alcohol, Tobacco and Firearms ban, criminals may find it difficult to pur- (BATF) to trace the sales histories of guns chase banned weapons if they remain in ● The ban has failed to reduce the recovered in criminal investigations. dealers’ and speculators’ storage facili- average number of victims per ties. Over the long term, however, the gun murder incident or multiple As a matter of equity, the law exempted stockpiled weapons might begin flowing gunshot wound victims. “grandfathered” guns and magazines into criminals’ hands, through straw pur- Target audience: Congressional manufactured before the ban took effect. chases, thefts, or “off-the-books” sales representatives and staff; State and While it also banned “exact” or duplicate that dealers or speculators falsely report local legislators; Federal, State, and copies of the prohibited makes and mod- to insurance companies and government local law enforcement officials; els, the emphasis was on “exact.” Short- officials as thefts.5 criminal justice practitioners and ening a gun’s barrel by a few millimeters researchers; advocacy groups; State and local government officials. 2 R e s e a r c h i n B r i e f Exhibit 1.

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