JOINT APPENDIX Volume 5 of 9 (Pages A-1115 to A-1382)

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( ), 14-0037-cv(XAP) 14-0036-cvL United States Court of Appeals for the Second Circuit

WILLIAM NOJAY, THOMAS GALVIN, ROGER HORVATH, BATAVIA MARINE & SPORTING SUPPLY, NEW YORK STATE RIFLE AND PISTOL ASSOCIATION, INC., WESTCHESTER COUNTY FIREARMS OWNERS ASSOCIATION, INC., SPORTSMEN'S ASSOCIATION FOR FIREARMS EDUCATION, INC., NEW YORK STATE AMATEUR TRAPSHOOTING ASSOCIATION, INC., BEDELL CUSTOM, BEIKIRCH AMMUNITION CORPORATION, BLUELINE TACTICAL & POLICE SUPPLY, LLC, Plaintiffs-Appellants-Cross-Appellees, (For Continuation of Caption See Inside Cover) –––––––––––––––––––––––––––––– ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

JOINT APPENDIX Volume 5 of 9 (Pages A-1115 to A-1382)

STEPHEN P. HALBROOK, ESQ. GOLDBERG SEGALLA LLP 3925 Chain Bridge Road, Suite 403 11 Martine Avenue, Suite 750 Fairfax, Virginia 22030 White Plains, New York 10606 (703) 352-7276 (914) 798-5400

COOPER & KIRK, PLLC 1523 New Hampshire Avenue, N.W. Washington, DC 20036 (202) 220-9600 Attorneys for Plaintiffs-Appellants-Cross-Appellees (For Continuation of Appearances See Inside Cover)

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– v. –

ANDREW M. CUOMO, Governor of the State of New York, ERIC T. SCHNEIDERMAN, Attorney General of the State of New York, JOSEPH A. D’AMICO, Superintendent of the New York State Police,

Defendants-Appellees-Cross-Appellants,

FRANK A. SEDITA, III, District Attorney for Erie County, GERALD J. GILL, Chief of Police for the Town of Lancaster, New York, LAWRENCE FRIEDMAN,

Defendants-Appellees.

SHAWN P. HENNESSY HODGSON RUSS LLP ERIE COUNTY DISTRICT ATTORNEY’S 140 Pearl Street, Suite 100 OFFICE Buffalo, New York 14202 25 Delaware Avenue (716) 856-4000 Buffalo, New York 14202 (716) 858-2424 Attorneys for Defendant-Appellee Gerald J. Gill, Chief of Police for the Attorney for Defendant-Appellee Town of Lancaster, New York Frank A. Sedita, III, District Attorney for Erie County CLAUDE S. PLATTON NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL 120 Broadway, 25th Floor New York, New York 10271 (212) 416-8000

Attorney for Defendants-Appellees- Cross-Appellants

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TABLE OF CONTENTS Page District Court Docket Entries ...... A-1 Complaint, dated March 21, 2013 for Declaratory Judgment and Injunctive Relief ...... A-43 First Amended Complaint, dated April 11, 2013 for Declaratory Judgment and Injunctive Relief ...... A-89 Plaintiffs’ Motion for Preliminary Injunction, dated April 15, 2013 ...... A-134 Exhibit A to Plaintiffs’ Motion - Declaration of Mark Overstreet, dated April 15, 2013 ...... A-138 Exhibit B to Plaintiffs’ Motion - NSSF, “MSSR Comprehensive Consumer Report” (2010) ...... A-150 Exhibit C to Plaintiffs’ Motion - Declaration of Guy Rossi, dated April 15, 2013 in Support of Plaintiffs’ Motion for Preliminary Injunction ...... A-235 Exhibit D to Plaintiffs’ Motion - Affidavit of Roger Horvath, dated April 15, 2013 in Support of Plaintiffs’ Motion for Preliminary Injunction ...... A-246 Exhibit E to Plaintiffs’ Motion - Affidavit of Thomas Galvin, dated April 15, 2013 in Support of Plaintiffs’ Motion for Preliminary Injunction ...... A-250

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ii Page Exhibit F to Plaintiffs’ Motion - Declaration of Dr. Gary Kleck, dated April 15, 2013 in Support of Plaintiffs’ Motion for Preliminary Injunction ...... A-254 Notice of State Defendants’ Cross-Motion to Dismiss and/or for Summary Judgment, dated June 21, 2013 ...... A-264 Declaration of Kevin Bruen, dated June 20, 2013 in Support of Defendants’ Cross-Motion to Dismiss and/or for Summary Judgment ...... A-266 Declaration of Christopher Koper, executed June 2013 in Support of Defendants’ Cross-Motion to Dismiss and/or for Summary Judgment ...... A-283 Exhibit A to Koper Declaration - Curriculum Vitae of Christopher Koper ...... A-307 Exhibit B to Koper Declaration - Koper and Roth, “Impact Evaluation of the Public Safety and Recreational Firearms Use Protection Act.” (“Koper 1997”) ...... A-327 Exhibit C to Koper Declaration - Koper, “An Updated Assessment of the Federal Assault Weapons Ban” (“Koper 2004”) ...... A-444 Exhibit D to Koper Declaration - Koper, “America’s Experience with the Federal Assault Weapons Ban” (from Reducing Gun Violence in America) (“Koper 2013”)...... A-558 Declaration of Franklin Zimring, dated June 20, 2013 in Support of Defendants’ Cross-Motion to Dismiss and/or for Summary Judgment ...... A-576

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iii Page Exhibit A to Zimring Declaration - Curriculum Vitae of Franklin E. Zimring ...... A-587 Declaration of Lucy Allen, dated June 20, 2013 in Support of Defendants’ Cross-Motion to Dismiss and/or for Summary Judgment ...... A-610 Defendant Gerald J. Gil’s Notice of Cross-Motion to Dismiss or for Summary Judgment, dated June 21, 2013 ...... A-623 Declaration of Kathleen Rice, dated June 18, 2013 in Support of Defendants’ Cross-Motion to Dismiss or for Summary Judgment ...... A-625 Declaration of James Sheppard, dated June 21, 2013 in Support of Defendants’ Cross-Motion to Dismiss or for Summary Judgment ...... A-630 State Defendants’ Local Rule 56(a)(1) Statement of Undisputed Material Facts, dated June 21, 2013 ... A-637 Declaration of William J. Taylor, Jr., dated June 21, 2013 in Support of Defendants’ Cross-Motion to Dismiss or for Summary Judgment ...... A-649 Exhibit 2 to Taylor Declaration - LCPGV Website, “Introduction to Gun Violence Statistics” (undated) ...... A-656 Exhibit 3 to Taylor Declaration - CDC Statistics, 2005-2010 US Homicide Firearm Deaths and Rates per 100k ...... A-659 Exhibit 4 to Taylor Declaration CDC Statistics, 2010 US Homicide Firearm Deaths and Rates per 100k ...... A-660

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iv Page Exhibit 5 to Taylor Declaration - Governor’s SAFE Act Program Bill ...... A-663 Exhibit 6 to Taylor Declaration - NYS Senate Memo in Support of SAFE Act ...... A-672 Exhibit 7 to Taylor Declaration - NYS Senate Introducer’s Memo in Support of SAFE Act ...... A-680 Exhibit 8 to Taylor Declaration - Violent Crime Control and Law Enforcement Act of 1994 ...... A-688 Exhibit 9 to Taylor Declaration - Judiciary Committee Report re Fed AW Ban 1994 ...... A-714 Exhibit 10 to Taylor Declaration - ATF Study re Importability of Certain Shotguns (2011) ...... A-763 Exhibit 12 to Taylor Declaration - ATF Study re Sporting Suitability of Certain Modified Semiautomatic Rifles (1998) ...... A-797 Exhibit 13 to Taylor Declaration - Laws of New York, 2000 – Chapter 189 ...... A-923 Exhibit 14 to Taylor Declaration - Governor’s Program Bill Memorandum (2000) .... A-939 Exhibit 15 to Taylor Declaration - NY State Senate Introducer’s Memorandum in Support – Bill Number S8234 ...... A-948 Exhibit 16 to Taylor Declaration - NYS Assembly Debate Excerpt June 23, 2000 ..... A-957

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v Page Exhibit 17 to Taylor Declaration - NYS Assembly Debate Excerpt June 22, 2000 .... A-963 Exhibit 18 to Taylor Declaration - Governor Proposes Five Point Plan to Combat Gun Violence, Mar. 15, 2000 (“Gov. 2000 Press Release”) ...... A-979 Exhibit 19 to Taylor Declaration - ATF Study re Importability of Certain Shotguns (2012) ...... A-989 Exhibit 21 to Taylor Declaration - City of Rochester, Chapter 47.Dangerous Articles (“Rochester Ordinance”) ...... A-993 Exhibit 22 to Taylor Declaration - City of Albany – Chapter 193. Firearms and City of Albany, Chapter 193. Firearms and Ammunition (“Albany Ordinance”) ...... A-1005 Exhibit 23 to Taylor Declaration - New York City Administrative Code, §§ 10.301, 10.303.1, 10.305, 10.306 ...... A-1010 Exhibit 24 to Taylor Declaration - Laws of New York, 2013, Chapter 1 (“SAFE Act”) ...... A-1024 Exhibit 25 to Taylor Declaration - Governor’s Press Release, Governor Cuomo Signs NY SAFE Act in Rochester, January 16, 2013 ...... A-1063 Exhibit 26 to Taylor Declaration - New York State Assault Weapon Registration Form ...... A-1066

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vi Page Exhibit 28 to Taylor Declaration - Lawrence Tribe Congressional Testimony February 12, 2013 ...... A-1068 Exhibit 29 to Taylor Declaration - Brian Siebel Congressional Testimony October 10, 2008 ...... A-1104 Exhibit 30 to Taylor Declaration - The Return of the Assault Rifle; High-Powered Weapons Seem to be Regaining Their Deadly Role in WNY Crime and Violence, The Buffalo News, Nov. 21, 2010, Lou Michel...... A-1112 Exhibit 31 to Taylor Declaration - BCPGV, “Assault Weapons: Mass Produced Mayhem” (Oct 2008) ...... A-1115 Exhibit 33 to Taylor Declaration - LCAV, “Banning AWs - A Legal Primer for State and Local Action” (2004) ...... A-1176 Exhibit 36 to Taylor Declaration - “Statement of Professors of Constitutional Law: The Second Amendment and the Constitutionality of the Proposed Gun Violence Prevention Legislation” (2013) ...... A-1249 Exhibit 37 to Taylor Declaration - VPC, “Officer Down: AWs and the War on Law Enforcement” (2003) ...... A-1255 Exhibit 38 to Taylor Declaration - Mother Jones, “More Than Half of Mass Shooters Used AWs an High-Capacity Magazines” February 27, 2013 ...... A-1284

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vii Page Exhibit 39 to Taylor Declaration - MAIG, “Analysis of Recent Mass Shootings” (undated) ...... A-1288 Exhibit 40 to Taylor Declaration - BATF, “Assault Weapons Profile” (April 1994) .... A-1305 Exhibit 41 to Taylor Declaration - Overstreet Declaration from Heller ...... A-1332 Exhibit 42 to Taylor Declaration - VPC, “Firearm Justifiable Homicides and Non- fatal Self Defense Gun Use” (April 2013) ...... A-1340 Exhibit 43 to Taylor Declaration - Hemenway, “Private Guns Public Health” (2007). A-1361 Exhibit 44 to Taylor Declaration - Hemenway, Cook, “The Gun Debate’s New Mythical Number” (1997) ...... A-1373 Exhibit 49 to Taylor Declaration – The Police Department’s 9-Millimeter Revolution, The New York Times, Feb. 15, 1999, Raymond W. Kelly ...... A-1382 Exhibit 50 to Taylor Declaration - Heller Historians Brief ...... A-1383 Exhibit 51 to Taylor Declaration - On Target: The Impact of the 1994 Federal Assault Weapon Act, Brady Center to Prevent Gun Violence, March 2004 ...... A-1418 Exhibit 52 to Taylor Declaration - NYS Assembly Debate May 24, 2005 ...... A-1439 Exhibit 53 to Taylor Declaration - NYS Assembly Debate January 9, 2006 ...... A-1443

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viii Page Exhibit 54 to Taylor Declaration - United States of Assault Weapons, Gunmakers Evading the Federal Assault Weapons Ban, Violence Policy Center, July 2004 ...... A-1454 Exhibit 55 to Taylor Declaration - A Further Examination of Data Contained in the Study On Target Regarding Effects of the 1994 Federal Assault Weapons Ban, Violence Policy Center, April 2004 ...... A-1514 Exhibit 56 to Taylor Declaration - In Virginia, high-yield clip seizures rise, Washington Post, Jan. 23. 2011 ...... A-1544 Exhibit 57 to Taylor Declaration - High-capacity magazines saw drop during ban, data indicate, Washington Post, Jan. 13, 2013 ...... A-1548 Exhibit 58 to Taylor Declaration - Various Collected Articles ...... A-1551 Exhibit 59 to Taylor Declaration - Baltimore Police Chief Testimony January 30, 2013 ...... A-1563 Exhibit 60 to Taylor Declaration - Excerpts from Amended Complaint New York State Rifle and Pistol Association, Inc. v. City of New York, 13-2115 ...... A-1566 Exhibit 61 to Taylor Declaration - Images from SAFE Act website, Pictures of Rifles – Banned Features ...... A-1570 Exhibit 62 to Taylor Declaration - Images from SAFE Act website, Pictures of Shotguns – Banned Features ...... A-1582

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ix Page Exhibit 63 to Taylor Declaration - Images from SAFE Act website, Pictures of Pistols – Banned Features ...... A-1590 Exhibit 64 to Taylor Declaration - “The Criminal Purchase of Firearm Ammunition,” Injury Prevention (August 4, 2006) ...... A-1599 Exhibit 65 to Taylor Declaration - Images from SAFE Act website, Listing of Rifles that Are Classified as Assault Weapons ...... A-1603 Exhibit 66 to Taylor Declaration - Images from SAFE Act website, Listing of Shotguns that Are Classified as Assault Weapons . A-1614 Exhibit 67 to Taylor Declaration - Images from SAFE Act website, Listing of Pistols that Are Classified as Assault Weapons ..... A-1616 Exhibit 68 to Taylor Declaration - USDOJ BJS Report, “Selected Findings: Guns Used in Crime” (July 1995) ...... A-1618 Exhibit 69 to Taylor Declaration - SAFE Act Amendment ...... A-1625 Exhibit 11 (Corrected) to Taylor Declaration - ATF Study re Importability of Certain Semiautomatic Rifles (1989) ...... A-1628 Exhibit 20 (Corrected) to Taylor Declaration - City of Buffalo, Chapter 180. Firearms, Arrows and Other Weapons ...... A-1648

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x Page Exhibit 27 (Corrected) to Taylor Declaration - NYS Assembly Debate Excerpt January 15, 2013 A-1657 Exhibit 45 (Corrected) to Taylor Declaration - Images of Rifles that are Not Classified as Assault Weapons ...... A-1669 Exhibit 46 (Corrected) to Taylor Declaration - Images of Pistols that are Not Classified as Assault Weapons ...... A-1689 Exhibit 47 (Corrected) to Taylor Declaration - Images of Shotguns that are Not Classified as Assault Weapons ...... A-1713 Exhibit 48 (Corrected) to Taylor Declaration - NYS Assembly Debate March 28, 2013 ...... A-1731 Certificate of Service ...... A-1742 Notice of Cross-Motion for Summary Judgment and Permanent Injunctive Relief by Plaintiffs, dated August 19, 2013 ...... A-1745 Plaintiffs’ Response to Defendants’ Local Rule 56(a)(1) Statement of Undisputed Material Facts, dated August 19, 2013 ...... A-1749 Plaintiffs’ Local Rule 56(a)(2) Counter-Statement of Undisputed Material Facts, dated August 19, 2013 ...... A-1797 Exhibit A to Statement - Pew Research Center, “Gun Homicide Rate Down 49% Since 1993...” (May 2013) ...... A-1844 Exhibit B to Statement - USDOJ BJS Report, “Firearm Violence 1993- 2011” (May 2013) ...... A-1908

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xi Page Exhibit C to Statement - Congressional Research Service, “Public Mass Shootings in the United States: Selected Implications for Federal Public Health and Safety Policy” (March 2013) ...... A-1937 Exhibit D to Statement - Summary of FBI Uniform Crime Reports, 1991- 2011 ...... A-1978 Exhibit E to Statement - Tom King Affidavit in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-1987 Exhibit F to Statement - Scott Sommavilla Affidavit in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-1994 Exhibit G to Statement - Jon Karp Affidavit in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-2001 Exhibit H to Statement - John Cushman Affidavit in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-2008 Exhibit I to Statement - Thomas Galvin Affidavit in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-2014

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xii Page Exhibit J to Statement - Dan Bedell Affidavit in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-2019 Exhibit K to Statement - Hans Farnung Affidavit in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-2024 Exhibit L to Statement - Ben Rosenshine Affidavit in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-2028 Exhibit M to Statement - Michael Barrett Affidavit in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-2032 Exhibit N to Statement - Diagram of Rifle ...... A-2036 Exhibit O to Statement - Declaration of Dr. Gary Roberts , dated August 16, 2013 in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-2038 State Defendants’ Response to Plaintiffs’ Local Rule 56(a)(2) Statement of Undisputed Material Facts, dated September 24, 2013 ...... A-2061 Supplemental Declaration of Christopher Koper, dated September 23, 2013 in Support of Defendants’ Cross-Motion to Dismiss and or for Summary Judgment ...... A-2230

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xiii Page Supplemental Declaration of William J. Taylor, Jr., dated September 24, 2013 ...... A-2244 Exhibit 71 to Taylor Supplemental Declaration - Memorandum of Decision, Benjamin v. Bailey, CV 93-0063723 (Conn. Super. Ct. June 30, 1994) A-2247 Exhibit 72 to Taylor Supplemental Declaration - CDC Statistics, 2000 - 2010 US Violence Related Firearm Deaths and Rates per 100k ...... A-2290 Exhibit 73 to Taylor Supplemental Declaration - Appellants’ Notice of Supplemental Authority under Fed. R. App. P. 28(j), Kwong v.Bloomberg, No. 12-1578 (2d Cir.), dated Jan. 17, 2013 ...... A-2292 Exhibit 74 to Taylor Supplemental Declaration - Aaron Smith, New Rifle Mimics Machine Gun’s Rapid Fire – and It’s Legal, CNNMoney.com, Sept. 12, 2013 ...... A-2295 Exhibit 75 to Taylor Supplemental Declaration - New York Pattern Criminal Jury Instructions 2d, Penal Law § 265.02(7), Criminal Possession of a Weapon Third Degree, Possession of Assault Weapon ...... A-2300 Declaration of Richard Lynch, dated October 8, 2013 ...... A-2305 Reply Memorandum of Law in Further Support of Plaintiffs’ Motion for Summary Judgment, dated October 9, 2013 (Omitted Herein)

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xiv Page Exhibit A to Reply Memorandum - Supplemental Declaration of Dr. Gary Kleck, dated October 8, 2013 in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Permanent Injunctive Relief ...... A-2308 Declaration of William J. Taylor, Jr., dated October 18, 2013 ...... A-2312 Exhibit A to Taylor Declaration - Transcript of Proceedings, Tardy v. O’Malley, Civil No. CCB-13-2841 (D. Md. October 1, 2013) ...... A-2314 Exhibit B to Taylor Declaration - Order, Tardy v. O’Malley, Civil No. CCB-13- 2841 (D. Md. Oct. 1, 2013) ...... A-2407 Order, dated December 23, 2013 denying Plaintiffs’ Motion for Hearing ...... A-2409 Plaintiffs’ Notice of Appeal, dated January 3, 2014 . A-2410 State Defendants’ Notice of Cross-Appeal, dated January 3, 2014 ...... A-2414

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Assault Weapons: “Mass Produced Mayhem”

Brady Center to Prevent Gun Violence October 2008

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October 2008 October 2008

ACKNOWLEDGEMENTS

The Brady Center to Prevent Gun Violence is a national non-profit organization working to reduce the tragic toll of gun violence in America through education, research, and legal advocacy. Through its project, Gun Industry Watch, the Brady Center works to monitor and publicly expose gun industry practices that contribute to gun violence, with the goal of bringing about life-saving industry reform. The programs of the Brady Center complement the legislative and grassroots mobilization efforts of its sister organization, the Brady Campaign to Prevent Gun Violence and its network of Million Mom March Chapters.

Assault Weapons: “Mass Produced Mayhem” was written by Brian J. Siebel. Thanks go to Robyn Steinlauf, Sarah McLemore, Molly Warren, Lindsay Brooker, Talesia Simon, Natalie Durham, and Elizabeth Haile for their assistance in preparing this report. If you have questions about any part of this report, or would like a copy, please write to Gun Industry Watch, Brady Center to Prevent Gun Violence, 1225 Eye Street, N.W., Suite 1100, Washington D.C. 20005. The report and other Gun Industry Watch reports are also available at www.bradycenter.org/gunindustrywatch and www.gunlawsuits.org.

A Note About the Title

The phrase “mass produced mayhem” is taken from the federal Bureau of Alcohol, Tobacco, Firearms and Explosive’s description of assault weapons in its “Assault Weapons Profile” (April 1994).

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TableTable of Contentsof Contents

Executive Summary...... iv

Assault Weapons Are Designed to Slaughter People ...... 1

Assault Weapons Threaten Law Enforcement and Terrorize Civilians...... 3

Police Outgunned ...... 3 Civilians Massacred...... 7 Crime Use Disproportionate ...... 10 Terrorists Armed...... 10

Assault Weapons Have No Sporting or Self-Defense Purpose ...... 14

“Dangerous and Unusual” Weapons Are Not Protected by the Second Amendment...... 18

A Strong Federal Assault Weapons Ban Should Be Enacted...... 19

Effect of 1994 Federal Ban ...... 19 Support by Law Enforcement, the Public, and Presidents...... 20

Conclusion ...... 22

Appendix: Examples of Assault Weapons Violence Reported Since Federal Ban Expired ...... 23

Endnotes ...... 50

iii

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Executive Summary

Assault weapons are military-style weapons of war, made for offensive military assaults. It is no accident that when a madman, Gian Luigi Ferri, decided to assault the law offices at 101 California Street in San Francisco, he armed himself with two TEC-9 assault weapons with 50-round magazines, which enabled him to kill eight people and wound six others.1 Or that the Columbine high school shooters, who killed 12 students and a teacher, included a TEC-9 assault pistol in their arsenal.2 Or that the Branch- Davidians at Waco, Texas, accumulated an arsenal of assault weapons to prepare for battle against the federal government, including 123 AR-15s, 44 AK-47s, two Barrett .50 calibers, two Street Sweepers, an unknown number of MAC-10 and MAC-11s, 20 100- round drum magazines, and 260 large-capacity banana clips.3 Or that James Huberty used an UZI assault pistol and a shotgun to kill 21 people and wound 19 others at a McDonald’s in San Ysidro, California.4 Or that Patrick Purdy used an AK-47 assault rifle to kill five children and wound 29 others and a teacher at an elementary school in Stockton, California. Equipped with a 75-round “drum” magazine, Purdy was able to shoot 106 rounds in less than two minutes.5 The list of horrific attacks goes on.6

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has called assault weapons “mass produced mayhem.”7 They have been weapons of choice for gangs, drug dealers, and mass killers. They have been used to slaughter innocents in numerous high-profile shootings, and have been used to outgun police officers on the streets. They are of no use for hunters and are counterproductive for lawful defense of one’s home. Law enforcement throughout the nation has called for them to be banned. Presidents Gerald Ford, Jimmy Carter, Ronald Reagan, Bill Clinton, and George W. Bush did not agree on much, but they all supported an assault weapons ban.

For ten years, from 1994-2004, federal law banned these weapons of war. Although this now-expired law was limited in scope, and was circumvented by many gun manufacturers, it reduced the use of assault weapons in crime. The experience suggests that a stronger, more comprehensive law would enhance public safety even more.

In the four years since the federal ban expired, hundreds of people have been killed in this country with military-style assault weapons. This report lists incidents in which at least 163 people have been killed and 185 wounded in with assault weapons, including at least 38 police officers killed or wounded by them. Moreover, as these incidents are only those that we could find reported in the press, the actual tally of fatalities and injuries is almost certainly much higher.

Since the federal assault weapon expired in 2004, politicians from President George W. Bush to Senator John Warner have called for its renewal. But on this issue, the two major presidential candidates offer two starkly opposing views: Senator Barack iv

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Obama has stated as recently as his convention acceptance speech that it is imperative that criminals be denied the use of assault weapons. Senator John McCain, who has opposed the NRA on gun shows and other issues, has been firm in his opposition to assault weapon bans. The question should be asked of the candidates, “Senator, why should civilians be allowed to wield these weapons of war?”

This report provides the factual basis for answering that question, and makes the evidentiary case for an assault weapons ban. The report also outlines how the availability of assault weapons to criminals has altered the balance of power on urban streets between police and criminals, placing police officers in grave risk of harm.

SWD M-10, M-11, M-11/9, and M-12 Assault Pistol

AK-47 Assault Rifle (Many variants)

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assaultAssault Weapons Are Designed to Slaughter People

Assault weapons are semiautomatic versions of fully automatic guns designed for military use. These guns unleash extraordinary firepower. When San Jose, California, police test-fired an UZI, a 30-round magazine was emptied in slightly less than two seconds on full automatic, while the same magazine was emptied in just five seconds on semiautomatic.8

As the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) has explained:

Assault weapons were designed for rapid fire, close quarter shooting at human beings. That is why they were put together the way they were. You will not find these guns in a duck blind or at the Olympics. They are mass produced mayhem.9

ATF has also described semiautomatic assault weapons as “large capacity, semiautomatic firearms designed and configured for rapid fire, combat use…. Most are patterned after machine guns used by military forces.”10 In short, as a Montgomery County, Alabama Sheriff has said: “[T]here’s only one reason for owning a gun like that – killing people. There’s no other use other than to kill people. That’s all they’re made for.”11

Assault weapons have distinct features that separate them from sporting firearms.12 While semiautomatic hunting rifles are designed to be fired from the shoulder and depend upon the accuracy of a precisely aimed projectile, the military features of semiautomatic assault weapons are designed to enhance their capacity to shoot multiple human targets very rapidly. Assault weapons are equipped with large- capacity ammunition magazines that allow the shooter to fire 20, 50, or even more than 100 rounds without having to reload. Pistol grips on assault rifles and shotguns help stabilize the weapon during rapid fire and allow the shooter to spray-fire from the hip position. Barrel shrouds on assault pistols protect the shooter’s hands from the heat generated by firing many rounds in rapid succession. Far from being simply “cosmetic,” these features all contribute to the unique function of any assault weapon to deliver extraordinary firepower. They are uniquely military features, with no sporting purpose whatsoever.13

Accordingly, ATF has concluded that assault weapons “are not generally recognized as particularly suitable for or readily adaptable to sporting purposes” and instead “are attractive to certain criminals.”14 An ATF survey of 735 hunting guides, conducted during the administration of President George H.W. Bush, found that sportsmen do not use assault weapons.15 These findings were confirmed in a second study performed by ATF under the Clinton Administration.16

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A researcher hired by the Department of Justice to analyze the effect of the 1994 federal ban on assault weapons confirmed that the firepower of assault weapons gives them greater destructive potential. His analysis found that:

attacks with semiautomatics – including assault weapons and other semiautomatics equipped with large capacity magazines – result in more shots fired, more persons hit, and more wounds inflicted per victim than do attacks with other firearms.17

This contradicts the National Rifle Association’s (“NRA”) assertion that there are only “cosmetic” differences between the guns affected by the assault weapon ban and other firearms.

TEC-9, TEC-DC-9, and TEC-22 Assault Pistol

Steyr AUG Assault Rifle

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AssaultAssault WeaponsWeapons Threaten Threaten Law Law Enforcement Enforcement and andTerrorize Terrorize Civilians Civilians

Since the federal assault weapons ban expired in September 2004, assault weapons have again flooded our streets, causing mayhem. Law enforcement agencies throughout the United States have reported an upward trend in assault weapons violence, forcing many police departments to invest in expensive assault weapons to keep from being outgunned by criminals. However, even with greater firepower and the availability of bulletproof vests, many officers have lost their lives to assault weapon attacks. Hundreds of civilians have also been victimized by assault weapons, many of them in multiple-victim attacks. In an appendix to this report, we list more than 200 assault weapons shootings and attacks that have occurred since the federal ban expired – and the list does not purport to be comprehensive. Assault weapons may not be used in the majority of crimes – handguns are – but they are disproportionately used in crime compared to their numbers in circulation. Moreover, assault weapons have special appeal to terrorists. They have no place in a civilized society.

Police Outgunned

Law enforcement has reported that assault weapons are the “weapons of choice” for drug traffickers, gangs, terrorists, and paramilitary extremist groups. As Los Angeles Police Chief William Bratton said:

There is a reason that these weapons are so appealing to criminals. They are designed to be easily concealed and kill as many people as possible as quickly as possible. Congress must act and act now to protect the American public and our police officers from these deadly weapons. This is about public safety and law enforcement.18

Law enforcement officers are at particular risk from these weapons because of their high firepower, which often leaves them outgunned by criminals. A researcher for the Department of Justice found that:

[A]ssault weapons account for a larger share of guns used in mass murders and murders of police, crimes for which weapons with greater firepower would seem particularly useful.19

Indeed, numerous law enforcement officers have been killed with high-firepower assault weapons.20 In black sidebars on the following pages, we list ten cases of officers down since the federal assault weapons ban expired in September 2004. Unfortunately, there have been many more.21

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I n a d d i t i o n , police departments have found that the OFFICERS DOWN San Antonio, Texas. September 8, 2008. ban’s expiration has led to A man shot two police officers with an assault rifle increased criminal access to when the police attempted to arrest him. A standoff assault weapons and levels of between the suspect and police followed, ending hours violent crime, forcing many to outfit later when the suspect shot and killed himself.22 their officers with assault rifles of their own.27 An informal survey of Tucson, Arizona. June 1, 2008. about 20 police departments A man shot at several houses with an assault rifle, then conducted by the International lead police in pursuit across Tucson for more than an Association of Chiefs of Police hour. During the chase, the gunman shot at police revealed that since 2004, all of the multiple times, fatally shooting one officer and injuring agencies have either added two Sheriff’s deputies.23 assault weapons to patrol units or replaced existing weapons with Philadelphia, Pennsylvania. May 3, 2008. 28 Officer Stephen Liczbinski was shot and killed by an military-style assault weapons. assault rifle as he was responding to a robbery at a Bank of America branch. Three men robbed the bank “We’re in an arms race,” and were fleeing when Officer Liczbinski stopped their said Police Chief Scott Knight, car and exited his patrol car. At that time, one of the chairman of the firearms committee bank robbers opened fire with an SKS assault rifle, of the International Association of striking Liczbinski numerous times. One suspect was Chiefs of Police.29 Indeed, data eventually shot and killed by police and the other two collected from ATF found that, were arrested and charged with murder.24 since 2005, the first full year after Miami, Florida. September 13, 2007. the federal ban on assault Police spotted a vehicle driving erratically and followed weapons expired, ATF recorded an it until it stopped in a residential complex. The suspect 11% increase in crime gun tracings 30 got out and hopped a fence to the rear of the home; the of AK-47-type assault weapons. officers exited their patrol car and went to the front of the home and were granted permission to search by a The Chicago Police female resident. The suspect grabbed a high-powered, Department reported a 10% military-style assault rifle and fired at the police officers increase in the number of assault through a window, killing Officer Jose Somohano. The weapons seized. Superintendent suspect then exited the house and shot three other Phil Cline said, “[t]hese are guns officers as he escaped. The shooter was caught later that can shoot up to 30 rounds with that day but would not relinquish his assault rifle so he was shot and killed by police officers.25 a couple pulls of the trigger. And it puts our police in grave danger out Floyd County, Indiana. June 18, 2007. there. So, we’d like still to see Two officers responded to a domestic disturbance call some kind of ban, either by the between a mother and her son. The officers were state or federally.”31 speaking with the mother on the driveway when the 15- year-old son ambushed both officers from an upstairs In 2006, law enforcement in window and shot at them with a high-powered assault Miami noted the effect of the rifle. One officer was killed and the other was seriously 26 expiration of the assault weapons wounded. ban on the rash of crimes used with these now-legal weapons.

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County state attorney Katherine Fernandez-Rundle stated that the AK-47 is the “favorite weapon” of dangerous gangs gaining influence in Miami.32 Miami-Dade Police Director Robert Parker stated “there was nothing positively gained by the lifting of the ban on assault weapons by the government.”33

Just over a year later, Miami police said that the amount of assault weapons they recovered, and homicides using assault weapons, had continued to increase. While just four percent of homicides in Miami in 2004 were committed with assault weapons, in 2007, it was one in five.34 “It's almost like we have water pistols going up against these high-powered rifles,” said John Rivera, president of the Dade County Police Benevolent Association. “Our weaponry and our bulletproof vests don't match up to any of those types of weapons.”35

The death of Miami police officer Sgt. Jose Somohano - killed by a shooter wielding a MAK-90 three years to the day after the federal ban expired - prompted Miami Police Chief John Timoney for the first time to authorize officers to start carrying assault weapons. The Chief blamed the expiration of the federal ban for the current “arms race” between police and drug gangs using assault weapons:

This is really a failure of leadership at the national level. We are absolutely going in the wrong direction here. The whole thing is a friggin disgrace.36

He added:

Two or three years ago, we had the lowest homicide rate since 1967 in Miami. Then the homicides skyrocketed with the availability of AK-47s. And it went from 3% of all homicides being committed with AKs, up to 9% two years ago, then 18% last year, and this year it is around 20%. And it’s going up…. We’re being flooded with these AK-47s.”37

Shootings involving assault weapons were among the reasons U.S. Attorney R. Alexander Acosta set up an anti-gang task force of federal, state, and local law enforcement officials in Florida in 2007. Fifteen federal prosecutors were assigned to the effort. Said Acosta of assault weapons:

These bullets are very powerful: they go through walls, they go through cars, and if you just spray the general vicinity you're going to get innocent bystanders. A shooting that might have been an injury previously is now a death.38

Pittsburgh law enforcement also has noticed an increase in criminal use of assault weapons since the expiration of the ban. Firearms like the AK-47 and Soviet SKS Carbine have become the weapons of choice for street criminals. Pittsburgh’s Assistant Chief of Police William Mullen blamed the expiration of the ban for this

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increase and noted, “[t]here’s a lot more assault OFFICERS DOWN weapons in the area in districts now than ever Biloxi, Mississippi. June 5, 2007. A before.”44 gunman with an AK-47 ambushed police officers in a shootout, killing In Houston, where homicides were up one, then shooting himself. The gunman lured police by firing shots in significantly in 2006, Police Chief Harold Hurtt said the AK-47 assault rifle had become “a the neighborhood and waiting. After 45 shooting one officer, the gunman weapon of choice” among warring gangs. unloaded an additional round into the patrol car. The gunman had a cache Palm Beach County police have noted an of backup guns and ammunition alarming trend of AK-47 use in violent crimes. waiting inside his home.39 Sheriff’s Lieutenant Mike Wallace said: “It seems to be the weapon of choice right now. It’s a Chantilly, Virginia. May 8, 2006. A weapon of war, and the function is to kill and teenager with an AK-47 and 5 maim. When somebody gets hit with that, it handguns engaged in a firefight at a causes horrendous damage.”46 Sergeant Laurie police station in suburban Virginia, Pfiel of the same office said: “[Criminals] don’t killing Detective Vicky Armel 47 immediately and wounding two other have .38s anymore. They have AK-47s.” officers, one of whom, Officer Michael Garbarino, died nine days later from Martin County Sheriff’s Office Captain Ed his injuries.40 Kirkpatrick of Florida details the effect of criminal possession of assault weapons on effective law Las Vegas, Nevada. February 1, enforcement: “Everyone is taking more 2006. A 22-year-old fired at least 50 precautions. When you stop a car in the middle rounds from an assault rifle, shooting of the night, you [didn’t] think about it. Now you two Las Vegas police officers and do. These are very powerful weapons.”48 killing one, before being shot and killed by the surviving officer.41 Franklin County, North Carolina Sheriff Livingston County, Kentucky. June Pat Green said: “I’ve been in this business 25 2, 2005. A deputy was shot when he years, and it’s just getting worse,” referring to a responded to a domestic disturbance report that they have been finding more and call placed by a couple’s 18-year-old more assault weapons at crime scenes in the daughter. When the officer entered state.49 In South Carolina, Lieutenant Ira the home, a male fired at least 8 Parnell, head of the State Law Enforcement rounds from an assault rifle at him, Division’s firearms lab, noted that investigators hitting him four times and killing him. are seeing an increase in criminal use of AK-47 The officer was able to fire one round and SKS assault rifles.50 which killed the gunman.42

Ceres, California. January 9, 2005. Fort Wayne, Indiana police reported a A 19-year-old Marine armed with an significant spike in seizures of assault weapons SKS assault rifle shot two police since the ban expired, from two in 2003, to nine officers, killing one, in a gun battle in 2004, eight in 2005, 29 in 2006, and 20 in outside a liquor store.43 2007. “[W]e’re certainly seeing them more and more,” said Police Chief Rusty York.51 Similarly, Omaha, Nebraska police seized 39 assault rifles in 2007, up from nine in 2006.52

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In San Francisco, Police Officers Association President Gary Delanges said: “Just about every crook you run into out there [who] is a drug dealer or a gang banger’s got one of these weapons. And it’s putting our officers’ lives at risk.”53 Deputy Chief Morris Tabak displayed some of the seized assault weapons, including a .22 caliber gun modified to hold 100 rounds. “These are what could be described only as anti- personnel weapons,” he said.54

Israeli Military Industries Action Arms UZI Assault Rifle

Civilians Massacred

Assault weapons have been used to perpetrate some of the most horrific crimes, including mass murders, ever committed in the United States. Some of the most infamous ones are cited in the Executive Summary of this report. Unfortunately, this gruesome death toll has grown since the expiration of the 10-year federal ban on assault weapons.

As can be seen from the following examples, assault weapons have been used to kill civilians engaged in common activities of life, in all types of circumstances and places. The Appendix lists more than 200 examples from just the last four years.

• Teens slaughtered at a swimming hole in Wisconsin

On July 31, 2008, a man used an assault rifle to massacre a group of teenagers, killing three and injuring a fourth near Niagara, Wisconsin. The teens were gathered along a river to go swimming when the gunman emerged from surrounding woods and began shooting.55

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• Apartment employees shot by a disgruntled tenant in Virginia

On March 19, 2008, in Virginia Beach, Virginia, a man shot five people, killing two, with an AK-47 assault rifle and .9mm handgun before killing himself. The man was about to be evicted from his apartment and targeted the apartment complex’s employees in his attack.56

• Churchgoers gunned down in Colorado

On December 9, 2007, a man armed with an assault rifle attacked a missionary training center in Arvada and a church in Colorado Springs. He killed two people and injured two others in Arvada, and killed two and injured three others, including two teenage sisters, in Colorado Springs. He was injured by a security guard and then shot himself.57

• Mall shoppers massacred in Nebraska, Washington, and New York

On December 5, 2007, nine people were shot to death and five others were injured after a 20-year-old shooter, armed with a military-style assault rifle, attacked shoppers in a department store in an Omaha, Nebraska mall.58

On November 20, 2005, a 20-year-old male opened fire in a Tacoma, Washington mall, wounding six. The shooter took four hostages, all of whom were released unharmed.59

On February 13, 2005, a gunman fired more than 60 shots from an AK-47 assault rifle in the Hudson Valley Shopping Mall in Ulster, New York, wounding two and causing tens of thousands of dollars of damage before being apprehended. A few hours earlier, the shooter had purchased armor-piercing ammunition from a nearby Wal- Mart.60

• Birthday party celebrants spray-fired in Louisiana

On September 15, 2007, at least 28 bullets were fired from an AK-47 at an outdoor birthday party for five-year-old twins in the courtyard of a housing complex in Kenner, Louisiana. A 19-year-old was killed and three children were wounded, ages 7, 8 and 13.61

• Pregnant woman and child shot while sleeping in Illinois

On June 25, 2006, in Calumet City, Illinois, a 22-year old pregnant woman and her three-year old son were shot and killed while they were sleeping when an unknown gunman fired 30 rounds from an AK-47 into their home at 1:15 a.m.62

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• Family massacred in a home robbery in Indiana

On June 2, 2006, in Indianapolis, Indiana, seven family members, four adults and three children, were shot and killed in their home by a robber armed with an assault rifle. Nearly 30 shell casings were found.63

• Two young girls shot in their homes in Illinois

On March 11, 2006, 10-year-old Siretha White was killed by a shot to her head as she was celebrating her birthday in her living room. A spray of bullets from an assault weapon peppered the house from a nearby fight.64

Just over a week earlier, on March 3, 2006, a stray bullet from an assault rifle struck a 14-year-old honor student as she was looking out the window of her home, killing her instantly.65

• College students murdered while camping in Florida

On January 7, 2006, two college students camping in the Ocala National Forest in Florida were randomly targeted by a man who shot and killed them with a stolen AK- 47.66

• Domestic violence leads to mass shootout on courthouse steps in Texas and triple-slaying in Ohio

On February 25, 2005, in Tyler, Texas, a gunman who was reportedly fighting with his ex-wife over child support for their two youngest children, shot over 50 rounds from an SKS assault rifle on the steps of his local courthouse, killing his ex-wife and a bystander. The shooter’s 23-year-old son and three law enforcement officers were wounded in a shootout. 67

Just a day earlier in Akron, Ohio, a man shot and killed his girlfriend and her seven-year-old son using an AR-15 assault weapon, then fired more than 100 rounds at a dozen law enforcement officers as he fled the murder scene. The gunman was arrested the next morning inside the apartment of a Kent State University student, who he also murdered with the AR-15 assault weapon. Police subsequently seized 21 weapons kept by the suspect, including an Uzi and an AK-47.68

• Hunters gunned down in the woods in Wisconsin

On November 21, 2004, near Hayward, Wisconsin, a 36-year-old man opened fire with an SKS semiautomatic rifle, killing six members of a hunting party and wounding two after being asked to leave another hunter’s property.69

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Crime Use Disproportionate

The firepower of assault weapons makes them especially desired by violent criminals and especially lethal in their hands. Prior to the Act, although assault weapons constituted less than 1% of the guns in circulation,70 they were a far higher percentage of the guns used in crime. ATF’s analysis of guns traced to crime showed that assault weapons “are preferred by criminals over law abiding citizens eight to one…. Access to them shifts the balance of power to the lawless.”71

In arguing against assault weapon bans, the NRA and its supporters have cited Justice Department studies based on surveys of state and federal prisoners to claim that assault weapons are used in only 2% of crimes nationally. These studies, however, actually confirm the disproportionate use of assault weapons in crime. More than 80% of these prisoners used no firearm in the commission of their crime. Within the category of inmates who used guns to commit crimes, semiautomatic assault weapons were actually used in 6.8% of state prosecutions and 9.3% of federal prosecutions.72 Both percentages are much higher than the estimated 1% of guns in circulation that are assault weapons.73

In addition, research by Dr. Garen Wintemute of the University of California at Davis has found that gun buyers with criminal histories were more likely to buy assault weapons than buyers without such histories. Wintemute further found that the more serious the offender’s crimes, the more likely he is to buy assault weapons. Assault weapon buyers also are more likely to be arrested after their purchases than other gun purchasers.74

Fabrique Nationale FN/FAL, FN/LAR, and FNC Assault Rifle

Terrorists Armed

As our nation wages a war on terrorism – at home and abroad – one salient fact is especially unassailable: terrorists and assault weapons go together. The assault weapon’s capacity to mass-murder within a matter of seconds makes it an ideal weapon for domestic and foreign terrorists alike. The oft-seen file footage of Osama Bin Laden,

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aiming his AK-47 at an unknown target, is now a familiar reminder of the incontrovertible connection between terrorism and assault weapons.

After America’s bombing of terrorist camps in Afghanistan after 9/11, the Chicago Tribune reported that, among the mounds of rubble found at a training facility in Kabul for a radical Pakistan-based Islamic terrorist organization, was a manual entitled “How Can I Train Myself for Jihad” containing an entire section on “Firearms Training.”75 Tellingly, the manual singles out the United States for its easy availability of firearms and advises al-Qaeda members living in the United States to “obtain an assault weapon legally, preferably AK-47 or variations.” Further, the manual sets forth guidelines for how would-be terrorists should conduct themselves in order to avoid arousing suspicion as they amass and transport firearms.

As the following examples indicate, terrorists have sought and obtained assault weapons in the U.S.

• Conspirators armed to attack within the United States

On May 7, 2007, five New Jersey men were indicted for conspiring to attack the United States Army base at Fort Dix, NJ. Over several months, the conspirators managed to stockpile numerous assault weapons, along with shotguns and various other small arms, and used these weapons in tactical training for their attack. The men had also arranged to purchase five fully automatic AK-47s and several M-16s at the time of their arrest.76

On March 16, 2005, in New York, Artur Solomonyan, an Armenian, and Christian Dewet Spies, of South Africa, were indicted for smuggling a small arsenal of assault weapons into the U.S. from Russia and Eastern Europe. The two men, who had entered the U.S. illegally, stored these weapons in storage lockers in New York, Los Angeles, and Fort Lauderdale. When approached by an FBI informant with ties to terrorist organizations, Solomonyan and Spies offered to sell him AK-47s and machine guns, along with RPG-launchers, mines, and other military-grade ordnance.77

In late April 2004, Michael J. Breit of Rockford, Illinois, was arrested after firing his AK-47 in his apartment. Federal agents recovered seven guns, more than 1,300 rounds of ammunition, pipe bomb making components and other explosives, a list of government officials and political and public figures with the word "marked" written next to them, and a written plan for 15 heavily armed men to kill 1,500 people at a Democratic presidential event. Breit's library included The Turner Diaries, the anti- government cult novel that inspired Timothy McVeigh, and Guns, Freedom and Terrorism, the book authored by NRA CEO Wayne LaPierre, investigators said.78

In September 2001, Ben Benu, Vincente Pierre and his wife were arrested in Virginia for illegally buying assault weapons and other guns. The arrests were part of the post-September 11th sweep of terrorism suspects. They were alleged to be part of a militant group called Muslims of America (also linked to a terrorist group called Al

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Fuqra). They bought guns including an SKS assault rifle, a 9mm pistol, and AK-47 ammunition.79

Street Sweeper/Striker 12 Assault Shotgun

• Arming terrorists and criminals abroad with assault weapons bought here

On May 6, 2008, Phoenix gun dealer George Iknadosian and two associates were arrested after receiving a shipment of weapons intended for sale to a Mexican drug cartel. An undercover investigation by ATF indicated that Iknadosian sold at least 650 AK-47 assault rifles for trafficking to Mexico but that the actual number might have been be closer to 1,000. Such weapons feed the on-going conflict between drug traffickers and Mexican authorities, a conflict which resulted in more than 2,000 law enforcement deaths in an 18-month period.80

Over several months in 2006, Adan Rodriguez purchased more than 100 assault rifles, along with many other weapons, from Dallas area gun shops on behalf of Mexican drug traffickers who paid him in cash and marijuana. Rodriguez’s arrest was one of several key arrests in a five-year crack-down on weapons smuggling to Mexico. AK-47’s, AR-15’s, and other high-powered assault weapons, obtained either at gun shows or through straw purchasers, fuel an on-going war between major Mexican cartels and police and military officials. Over 4,000 people were killed in this drug- related violence during an 18-month period in 2007-2008.81

On September 10, 2001, Ali Boumelhem was convicted on a variety of weapons charges plus conspiracy to ship weapons to the terrorist organization Hezbollah in Lebanon. He and his brother had purchased an arsenal of shotguns, hundreds of rounds of ammunition, flash suppressors and assault weapons components at Michigan gun shows. Had it not been for a police informant, these purchases would have eluded any scrutiny.82

Stephen Jorgensen purchased hundreds of firearms, including AK-47 clones called MAK-90s, with plans to ship them overseas from Tampa, Florida. Jorgensen bought 800 MAK-90s, loading them on to small planes. US customs officials say the guns were headed to the FARK guerilla movement in Colombia, a group on the U.S. terrorism watch list. Jorgensen was caught because he illegally exported the guns.83

12 ~~

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In June 2001 federal agents arrested Keith Glaude when he tried to purchase 60 AK-47 assault rifles and 10 machine guns in Florida. He told authorities that he intended to ship the guns to an Islamic extremist group in his native Trinidad. Previously, that group had acquired over 100 assault weapons in Florida that it used in a 1990 attempt to overthrow the government of Trinidad and Tobago.84

• Using assault weapons in terrorist attacks

Over a period of weeks in 2002, John Mohammed, a convicted felon, and his juvenile cohort, Lee Boyd Malvo, terrorized the entire metropolitan Washington, D.C. area by engaging in a series of sniper attacks on randomly-selected victims. In all, they shot 16 victims with a Bushmaster XM-15 E2S .223 caliber semiautomatic assault rifle that one of the snipers allegedly shoplifted from a Tacoma, Washington gun store. Each of the victims was randomly gunned down while going about simple activities of daily living, like closing up a store after work,85 filling a car with gas at a service station,86 mowing a lawn,87 or loading one’s car in a mall parking lot.88 Both shooters have been convicted of their offenses.

On March 1, 1994, terrorist Rashid Baz opened fire on a van of Hasidic students crossing the Brooklyn Bridge, killing one student and wounding another. Baz used a Cobray M-11 assault pistol in the crime. He assembled it from a mail-order kit.89

On January 25, 1993, Pakistani national Mir Aimal Kasi killed 2 CIA employees and wounded 3 others outside the entrance to CIA headquarters in Langley, Virginia. Kasi used a Chinese-made semiautomatic AK-47 assault rifle equipped with a 30-round magazine purchased from a Northern Virginia gun store.90 After fleeing the country, he was arrested in Pakistan in June 1997 and convicted by a Virginia jury in November of that year.91

Colt AR-15 Assault Rifle

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Assault WeaponsAssault WeaponsHave No SportingHave No orSporting Self-Defenseor Self-Defense Purpose Purpose

Prior to passage of the federal assault weapons ban, the importation of certain types of assault weapons from overseas was banned during the Reagan and George H.W. Bush Administrations. These import bans were ordered by ATF under the 1968 Gun Control Act, which bars the importation of guns that are not “particularly suitable for or readily adaptable to sporting purposes.”92

Under the Reagan Administration, ATF blocked the importation of certain models of shotguns that were not suitable for sporting purposes. In 1989, during the George H.W. Bush Administration, ATF expanded this list to permanently ban the importation of 43 types of semiautomatic assault rifles that were also determined not to have a sporting purpose. Later, in 1998, President Clinton banned the importation of 58 additional foreign-made “copycat” assault weapons in order to close a loophole in the existing import ban.93

Assault weapons, as opposed to hunting rifles, are commonly equipped with some or all of the following combat features that have no sporting value:

• A high-capacity ammunition magazine enabling the shooter to continuously fire dozens of rounds without reloading. Standard hunting rifles are usually equipped with no more than three or four-shot magazines. • A folding or telescoping stock, which sacrifices accuracy for concealability and for mobility in close combat. • A pistol grip or thumbhole stock, which facilitates firing from the hip, allowing the shooter to spray-fire the weapon. A pistol grip also helps the shooter stabilize the firearm during rapid fire. • A barrel shroud, which allows the shooter to grasp the barrel area to stabilize the weapon, without incurring serious burns, during rapid fire. • A flash suppressor, which allows the shooter to remain concealed when shooting at night, an advantage in combat but unnecessary for hunting or sporting purposes. In addition, the flash suppressor is useful for providing stability during rapid fire, helping the shooter maintain control of the firearm. • A threaded barrel designed to accommodate a flash suppressor or silencer. A silencer is useful to assassins but clearly has no purpose for sportsmen. Silencers are also illegal. • A barrel mount designed to accommodate a bayonet, which obviously serves no sporting purpose.

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Combat Hardware Commonly Found on Assault Weapons Assault weapons generally include features that are useful for offensive assaults on people, but have no sporting or self-defense function. Some of these are shown below.

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lee 9 High Capacity Magazine Outside Pistol Grip Perm 15 iI $Ilocter to fn dozeM 01 Il'IlIr r\!l 01 p.mrnll11101'1 ..... hCII.! fflloru:lin[j

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• A grenade launcher or flare launcher, neither of which could have any sporting or self-defense purpose.

• A shortened barrel designed to reduce the length of an assault rifle to make it more concealable. This reduces accuracy and range.94

In addition to utilizing military features useful in combat, but which have no legitimate civilian purpose, assault weapons are exceedingly dangerous if used in self defense, because the bullets many of the weapons fire are designed to penetrate humans and will penetrate structures, and therefore pose a heightened risk of hitting innocent bystanders. As Jim Pasco, executive director of the Fraternal Order of Police has explained: “An AK-47 fires a military round. In a conventional home with dry- wall walls, I wouldn’t be surprised if it went through six of them.” 95 A bullet fired in self-defense that penetrated a home’s walls, could strike bystanders in neighboring rooms, apartments, or houses.

High capacity magazines containing more than 10 rounds, which were also banned as part of the Federal Assault Weapons Act, are also not useful for self- defense, as former Baltimore County Police Department Colonel Leonard J. Supenski has testified:

The typical self-defense scenario in a home does not require more ammunition than is available in a standard 6-shot revolver or 6-10 round semiautomatic pistol. In fact, because of potential harm to others in the household, passersby, and bystanders, too much firepower is a hazard. Indeed, in most self-defense scenarios, the tendency is for defenders to keep firing until all bullets have been expended.96

Assault weapons were designed for military use. They have no legitimate use as self-defense weapons.

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Sportsman Jim Zumbo Speaks Out “Assault” Rifles are “Terrorist” Rifles

A long-standing writer for Outdoor Life magazine, Jim Zumbo, created a huge controversy within the gun lobby when he admitted in an online blog that assault rifles have no place as hunting weapons. Zumbo wrote:

“I must be living in a vacuum. The guides on our hunt tell me that the use of AR and AK rifles have a rapidly growing following among hunters, especially prairie dog hunters. I had no clue. Only once in my life have I ever seen anyone using one of these firearms.

I call them ‘assault’ rifles, which may upset some people. Excuse me, maybe I’m a traditionalist, but I see no place for these weapons among our hunting fraternity. I’ll go so far as to call them ‘terrorist’ rifles. They tell me that some companies are producing assault rifles that are ‘tackdrivers.’

Sorry, folks, in my humble opinion, these things have no place in hunting. We don’t need to be lumped into the group of people who terrorize the world with them, which is an obvious concern. I’ve always been comfortable with the statement that hunters don’t use assault rifles. We’ve always been proud of our “sporting firearms.

This really has me concerned. As hunters, we don’t need the image of walking around the woods carrying one of these weapons. To most of the public, an assault rifle is a terrifying thing. Let’s divorce ourselves from them. I say game departments should ban them from the prairies and woods.”97

Israel Military Industries Action Arms Galil Assault Rifle

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“Dangerous and “Dangerous Unusual and Unusual Weapons” Weapons” Are AreNot Protected Not By the Second ProtectedAmendment by the Second Amendment

The Second Amendment does not provide constitutional protection for military- style assault weapons. In District of Columbia v. Heller,98 the Supreme Court recently ruled that the Second Amendment protects an individual right to keep and bear arms for self-defense in the home.99 However, the Court also went out of its way to indicate that the right is limited in a number of ways. One limitation, the Court held, is that not all “arms” are protected.

We also recognize another important limitation on the right to keep and carry arms. [U.S. v.] Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.” We think that limitation is fairly supported by the historical tradition of prohibiting carrying of “dangerous and unusual weapons.”100

Assault weapons are certainly “dangerous and unusual weapons” according to any reasonable analysis of that phrase. They are military-style offensive weapons designed to slaughter human beings.101 This differentiates them from all hunting rifles and shotguns, as well as common handguns, which are often used in crime but have also been used in self-defense.

Moreover, assault weapons have never been “in common use” at any time. As semi-automatic versions of machine guns developed for use during the World Wars of the 20th Century, they are a relatively recent invention. In addition to being banned by the federal government for 10 years, they have been banned in several states.102 Plus, ATF has twice concluded, after thorough analyses in 1989 and 1998, that assault weapons have no “sporting purpose.”103 This conclusion has blocked them from being imported into the United States.

Another factor suggesting that the Second Amendment does not protect assault weapons is that state supreme courts have consistently upheld the constitutionality of assault weapon bans as reasonable regulations designed to protect public safety under broadly-worded right-to-bear-arms provisions in state constitutions.104 The Heller Court relied on these state constitutional provisions, many of which were adopted in the 18th and 19th centuries, to support its interpretation that the Second Amendment protects an individual right to bear arms. Courts construing the Second Amendment, post-Heller, can be expected to apply a similar standard of review, and uphold a federal assault weapons ban.

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AA Strong Strong Federal Federal Assault Assault Weapons Weapons Ban Ban ShouldShould Be Be Enacted Enacted

In response to mass shootings and mounting public pressure, Congress finally passed a nationwide ban on assault weapons in 1994. In hearings on the bills, the Senate Judiciary Committee explained the need to:

address the carnage wrought by deadly military-style assault weapons on innocent citizens and the law enforcement officers who seek to protect us all. Recent events illustrate again, and with chilling vividness, the tragedy that results from the wide and easy availability of guns with fire power that overwhelm our police, of weapons that have no place in hunting or sport and whose only real function is to kill human beings at a ferocious pace.105

Those factors are just as prevalent today. Indeed, after 9/11, the need may be greater.

Unfortunately, the 1994 statute’s scope and effectiveness were limited in several important ways. First, the law included a 10-year sunset provision allowing it to lapse when it was not re-enacted in 2004. Second, the law contained a list of assault weapons banned by make and model, but this list was not comprehensive. Third, the statute also banned guns by reference to their military features, but required guns to have two of these features (in addition to being semiautomatic firearms capable of accepting a detachable, high-capacity ammunition magazine) in order to be banned. The requirement of two military features created a loophole that allowed gun makers to continue manufacturing and selling stripped-down assault weapons.106

The result was a piece of legislation that was valuable at keeping many of the most dangerous assault weapons out of criminals’ hands, but one that also had an opening for gun manufacturers to evade the ban. Some manufacturers evaded the ban by developing guns, like the Bushmaster XM-15, Intratec’s AB (“After Ban”)-10, and Olympic Arms PCR (“Politically Correct Rifle”), with only minor changes in features to banned weapons.

Effect of the 1994 Ban

According to a study published by the Brady Center in 2004 entitled On Target: The Impact of the 1994 Federal Assault Weapons Act, the federal assault weapons ban reduced the incidence of assault weapons use in crime. In the five-year period (1990- 1994) before enactment of the ban, assault weapons named in the Act constituted 4.82% of the crime gun traces ATF conducted nationwide. In the post-ban period after 1995,107 these assault weapons made up only 1.61% of the guns ATF has traced to crime – a drop of 66% from the pre-ban rate.108 Moreover, ATF trace data showed a steady year-by-year decline in the percentage of assault weapons traced, suggesting that the longer the statute was in effect, the less available these guns became for 19

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criminal misuse. Indeed, the absolute number of banned assault weapons traced also declined. An initial report issued by the Department of Justice supported these findings.109 These findings were further supported in a later report by one of the same researchers.110

This analysis was based on crime gun trace data compiled by ATF of more than 1.4 million crime guns recovered across the United States between 1990 and 2001.111 If the ban had not been enacted, and had the banned assault weapons continued to make up the same percentage of crime gun traces as before the Act’s passage, it was estimated that approximately 60,000 more of the banned assault weapons would have been traced to crime in the 10 years the law was in effect. Former ATF officials at Crime Gun Solutions, LLC, including the former Special Agent in Charge of ATF’s National Tracing Center, analyzed the data for the Brady Center.

On Target also looked at the problem of “copycat” assault weapons developed by the gun industry to enable the continued sale of high-firepower weapons. The study found that industry efforts to evade the federal ban through the sale of these “copycat” weapons was able to diminish, but not eliminate, the 1994 Act’s beneficial effects. Even including copycats of the federally banned guns, there was still a 45% decline between the pre-ban period (1990-1994) and the post-ban period (1995 and after) in the percentage of ATF crime gun traces involving assault weapons and copycat models.

The lesson to be drawn from this study is that a new assault weapons ban should be passed to reduce criminal use of these dangerous weapons, but it should be stronger and more comprehensive than the original federal ban to reduce indirect evasion through the manufacture of “copycat” weapons. One model for a strong assault weapons ban is the law California enacted in 2000 that bans military-style weapons capable of accepting high-capacity ammunition magazines that have even a single combat feature.112 Representative Carolyn McCarthy has introduced similar strong assault weapons legislation in the U.S. House of Representatives.113

Support by Law Enforcement, the Public, and Presidents

The law enforcement community has long supported strong assault weapons bans. Every major national law enforcement organization in the country supported the Federal Assault Weapons Act and urged its renewal, including the Law Enforcement Steering Committee, Fraternal Order of Police, National Sheriffs’ Association, International Association of Chiefs of Police, Major City Chiefs Association, International Brotherhood of Police Officers, National Association of Police Organizations, Hispanic American Police Command Officers Association, National Black Police Association, National Organization of Black Law Enforcement Executives, Police Executive Research Forum, and Police Foundation.

In poll after poll, the American people, regardless of party affiliation, have consistently supported a federal ban on assault weapons. In an ABC/Washington Post poll conducted in August-September 1999, 77% of adults supported a nationwide ban

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on the sale of assault weapons.114 That same percentage held firm through the end of 2003 when an NBC News/Wall Street Journal poll found that 78% of adults nationwide expressed support for renewing the federal ban.115 In September 2004, just after the assault weapons ban expired, a Harris poll found that a substantial majority of Americans, 71%, favored reinstatement of the ban.116 As more time has passed without a federal assault weapons ban in effect, support for a ban has grown. For example, a 2007 poll from Illinois found that 80% of voters favored banning semiautomatic assault weapons.117 Newspaper editorial boards have also continued their strong support for getting assault weapons off our nation’s streets.118

Presidents across the political spectrum have supported an assault weapons ban. Former Presidents Ford, Carter, and Reagan wrote Congress in support of the 1994 ban to “urge you to listen to the American public and to the law enforcement community and support a ban on the further manufacture of these weapons.”119 In 2004, Presidents Ford, Carter, and Clinton wrote to urge re-authorization of the ban.120 President George W. Bush also stated that he supported the ban and would sign its reauthorization if it passed Congress.

• Senator Obama Opposes Assault Weapons for Civilians, While Senator McCain Supports Them

Of the Presidential candidates, Senator Barack Obama supports banning assault weapons. He also addressed the issue in his acceptance speech to the 2008 Democratic Convention, saying, "The reality of gun ownership may be different for hunters in rural Ohio than they are for those plagued by gang violence in Cleveland, but don't tell me we can't uphold the Second Amendment while keeping AK-47s out of the hands of criminals."

Senator John McCain has consistently opposed an assault weapon ban, saying it “represented an arbitrary restriction on the constitutional rights of law-abiding citizens.”

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ConclusionConclusion

Assault weapons are weapons of war that are sought after and used by street gangs, drug dealers, and terrorists, but are of no use to law-abiding persons who own guns for sporting purposes and self-defense. Law enforcement and an overwhelming majority of the American public realize that these guns have no place in civilian hands, and should be banned. For 10 years, America attempted to limit the mayhem caused by assault weapons and the high-capacity ammunition magazines that they utilize. Although the gun industry worked hard to evade the federal ban by marketing assault weapons stripped of enough features to get by, gun makers were not wholly effective at neutralizing the federal ban’s effect. Even accounting for the industry’s evasive efforts, the use of assault weapons in crime declined substantially. Unfortunately, President Bush and the 108th Congress allowed it to lapse.

We need to enact a new, stronger federal assault weapons ban to keep these dangerous guns off the streets – a law that will ban all military-style weapons and with no sunset provision.

The lives of our law enforcement officers and our citizens hang in the balance.

Beretta AR 70 Assault Rifle

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APPENDIX:APPENDIX: Examples of Assault Weapon Violence Since Federal Ban Expired

• North Tulsa, Oklahoma. October 6, 2008. A man accidentally shot his roommate with an SKS assault rifle. The victim and shooter were arguing with the victim’s estranged wife and another man when the shooter fired warning shots, hitting his roommate inadvertently.1

• Madison, Illinois. October 6, 2008. A 12-year-old boy died after getting caught in the middle of a gunfight. More than 40 shots were fired as a man with an assault rifle exchanged fire with gunmen in cars.2

• Springfield, Missouri. October 4, 2008. A 21-year-old shot two men with an AR- 15 Assault Rifle during an argument at a nightclub.3

• Kansas City, Missouri. October 2, 2008. Two men, one armed with an assault rifle, shot at two undercover police officers. The officers returned fire, injuring the two assailants.4

• Brownsville, Texas. September 30, 2008. Two men armed with an AK-47 Assault Rifle and .38 revolver shot multiple rounds at a group of men gathered outside a home twice in one night. There was a long-standing argument between the shooters and one of the victims. Nobody was hurt in either incident.5

• Battle Creek, Michigan. September 28, 2008. A felon with an assault weapon shot two teenagers in retaliation for a shooting several weeks prior.6

• Jackson, Mississippi. September 26, 2008. Two men armed with an assault rifle shot repeatedly at a house, hitting a woman and a one year old boy inside.7

• Lenoir, North Carolina. September 21, 2008. A former police officer and army veteran, who was armed with an assault rifle, shot two sheriff’s deputies, killing one of them.8

• San Antonio, Texas. September 18, 2008. A gunman with an AK-47 assault rifle fired more than 15 rounds at a home, hitting a woman sleeping inside twice.9

1 Man accidentally shot by roommate, KJRH- TV 2, Tulsa, Oklahoma, Oct. 6, 2008. 2 12 Year Old Shot Dead In Madison, Illinois Overnight, ASSOCIATED PRESS, Oct. 7, 2008. 3 Dirk Vanderhart, Shooting prompted by conflict over woman, hat, SPRINGFIELD NEWS-LEADER, Oct. 7, 2008. 4 KCMO Officers Fired on with Assault Rifle, WDAF-TV 4, Kansas City, Missouri, Oct. 2, 2008. 5 Police: 10-year grudge prompts downtown shooting, BROWNSVILLE HERALD, Oct. 3, 2008. 6 Trace Christenson, B.C. man faces attempted murder charge, BATTLE CREEK ENQUIRER, Oct. 2, 2008. 7 2 men charged in shooting denied bond, ASSOCIATED PRESS, Oct. 2, 2008. 8 Dee Henry, Armed and dangerous, HICKORY DAILY HERALD, Sept. 22, 2008. 23

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• Charlotte, North Carolina. September 15, 2008. Two people were sitting in a car outside an apartment building when a man shot at them with an assault rifle. One person in the car was hit twice and the other individual was injured by shattered glass.10

• Houston, Texas. September 9, 2008. One person died and two were injured in an overnight shooting. The assailants were carrying several weapons, including an assault rifle.11

• San Antonio, Texas. September 8, 2008. A man shot two police officers with an assault rifle when the police attempted to arrest him. A standoff between the suspect and police followed, ending hours later when the suspect shot and killed himself. 12

Tulsa, Oklahoma. September 7, 2008. A gunman with an assault weapon opened fire on a car carrying five teenagers home from church. Four of the five passengers were hit: Donivan Crutcher died from his wounds, Adrion Crutcher sustained damage to his spinal cord, Jeremy Williams lost the sight in his left eye, and Jahmal Bryant was in the intensive care unit. Four days later, a suspect was arrested in connection with the shooting.13

• Birmingham, Alabama. September 5, 2008. A man shot and killed his landlord with an SKS assault rifle after the two argued over stolen property.14

• Dayton, Ohio. August 26, 2008. A 31-year-old man sustained severe leg injuries when he was shot multiple times with an assault rifle.15

• Hope Mills, North Carolina. August 25, 2008. An 18-year-old shot a man in the head with an assault rifle. The victim was leaving the shooter’s house by car, along with a woman and baby, when the incident occurred.16

• Miami, Florida. August 23, 2008. An intoxicated customer was shot with an AK-47 assault rifle after being kicked out of a strip club. The shooter was then shot by another man, who was also carrying an assault rifle.17

9 Shooter Opens Fire On Home, Sleeping Woman Hit Twice, WOAI – TV 4 San Antonio, Sept. 18, 2008. 10 Apartment Complex Evacuated After Double Shooting, WSOC-TV 9, Sept. 16, 2008. 11 Suspects in Triple Shooting Had Assault Rifle, Multiple Weapons, FOX 26 TV Houston, Sept. 10, 2008. 12 SAPD Details Monday Shooting Investigation, KSAT12-TV, San Antonio, Texas, Sept. 10, 2008. 13 Arrest made in deadly drive-by, TULSA WORLD, Sept. 12, 2008. 14 Landlord Killed After Argument Over Stolen Copper, NBC13-TV, Birmingham, Alabama, Sept. 8, 2008. 15 Man Targeted By Shooter With Assault Rifle, WHIOTV, Dayton, Ohio, Aug. 27, 2008. 16 Three charged in Hope Mills shooting, THE FAYETTEVILLE OBSERVER, Aug. 28, 2008. 17 2 Dead in Shootout At Strip Club, NBC6-TV, Miami, Florida, Aug. 23, 2008. 24

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• Youngsville, North Carolina. August 22, 2008. A 12-year-old boy accidentally shot an 11-year-old neighbor with an AK-47 assault rifle.18

• San Antonio, Texas. August 20, 2008. A man was chased by a group of young men outside an apartment complex and was shot twice with an assault rifle.19

• West Valley City, Utah. August 15, 2008. Three men in an SUV shot at another car with an assault rifle and then led police on a high-speed chase. The police recovered drugs, alcohol, live casings, and an assault rifle from the car.20

Newark, New Jersey. August 14, 2008. 15-year-old Bukhari Washington was killed after a bullet fired from a Chinese-made Norinco SKS assault rifle struck his bed while he slept. The gun was fired accidentally when its owner, 19-year-old Terrance Perry, was “fiddling” with it in the apartment below. Washington was a student at Christ the King Preparatory School and interned at a nursing home for people with HIV and AIDS.21

• Birmingham, Alabama. August 11, 2008. A 17-year-old girl was in a car that was sprayed by bullets from an AK-47. The girl exited the car and tried to run home when she was shot twice, once in the chest and again in her left hand, severing it. She died moments later from her injuries.22

• New Orleans, Louisiana. August 10, 2008. One man was injured and another man died after being shot with an AK-47 assault rifle.23

• New Orleans, Louisiana. August 8, 2008. A gunman carrying an assault rifle shot two people.24

• Niagara, Wisconsin. July 31, 2008. A man with an assault rifle massacred a group of teenagers, killing three and injuring a fourth. The group was gathered along a river to go swimming when the gunman emerged from surrounding woods and began shooting.25

18 Sheriff says boy, 11, shot with AK-47, THE NEWS & OBSERVER, Aug. 24, 2008. 19 Man Chased Down and Shot to Death, WOAI-TV, San Antonio, Texas, Aug. 21, 2008. 20 Shooting triggers high-speed chase; 3 arrested, THE SALT LAKE TRIBUNE, Aug. 15, 2008. 21 Jonathan Schuppe, Senseless Shot, Random Death: Respected teen is slain in bed, to Newark’s grief, THE STAR-LEDGER, Aug. 15, 2008. 22 Dan Barry, Gunshot, then silence: And the sorrow spreads, NEW YORK TIMES, Aug. 17, 2008. 23 Nicole Dungca & Ramon Antonio Vargas, Two die Sunday in separate slayings, THE TIMES-PICAYUNE, Aug. 11, 2008. 24 Leslie Williams, Mob scene follows double shooting, THE TIMES-PICAYUNE, Aug. 9, 2008. 25 Niagara, Wisconsin shooting suspect caught, THE CHICAGO TRIBUNE, Aug. 1, 2008. 25

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• Pittsburgh, Pennsylvania. July 31, 2008. Two men with an assault rifle shot and killed two cousins as they talked outside a home.26

• Orlando, Florida. July 30, 2008. A man with an assault rifle shot and killed two teenagers and another man over stolen property.27

• Dallas, Texas. July 29, 2008. A Dallas Morning News deliveryman was shot multiple times with an assault rifle while delivering papers early in the morning. His 14-year-old son was with him, but was not injured.28

• Kansas City, Missouri. July 28, 2008. Three men broke into a home and held up the occupants at 1:30 in the morning. The men were armed with an assault rifle with a bayonet attached.29

• Detroit, Michigan. July 27, 2008. Three people died, including a 17-year-old girl, after being shot with an assault rifle while leaving a bar.30

• Salt Lake City, Utah. July 26, 2008. A 19-year-old airman shot a 22-year-old with an assault rifle after the two argued at a nightclub. The airman shot another person several months earlier.31

• Chattanooga, Tennessee. July 24, 2008. Two men armed with an SKS assault rifle shot a 28-year-old man in the head and back.32

Oakland, California. July 23, 2008. 23-year-old Amanda Hunter was killed when she was accidentally shot in the head with an assault rifle. Hunter was attempting to remove the weapon from her home when it fell to the ground and fired. Her boyfriend, the owner of the weapon and a convicted felon, was arrested for weapons related charges including being a felon in possession of a firearm.33

• New Orleans, Louisiana. July 15, 2008. A man died after being shot repeatedly with an AK-47 while asleep in his trailer.34

26 Jill King Greenwood, 72 killings set bloody pace in city, county, PITTSBURGH TRIBUNE-REVIEW, Aug. 2, 2008. 27 Vincent Bradshaw & Willoughby Mariano, Flurry of bullets near Orlando playground kills three, THE ORLANDO SENTINEL, July 31, 2008. 28 Scott Goldstein, Father, son survive shooting during News delivery, THE DALLAS MORNING NEWS, Aug. 7, 2008. 29 Mike Rice, Home invasion robbery reported in Gladstone, KANSAS CITY STAR, July 28, 2008. 30 Candice Williams, Girl, 17, two men fatally shot outside Detroit bar, THE DETROIT NEWS, July 27, 2008. 31 Airman’s arrest for shooting not his first, STANDARD-EXAMINER, July 29, 2008 32 Jacqueline Koch, Police investigate assault-rifle shooting, CHATTANOOGA TIMES FREE PRESS, July 25, 2008. 33 Oakland woman killed when assault rifle accidentally fires, July 24, 2008, available at: http://www.insidebayarea.com/ci_9977524 (last visited Sept. 26, 2008). 34 Ramon Antonio Vargas, AK-47 fire kills sleeping former rapper, THE TIMES PICAYUNE, July 16, 2008. 26

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• Daytona Beach, Florida. July 13, 2008. A distraught man fired 30 rounds into the side of an occupied building with an AK-47 assault rifle.35

• Eatonville, Florida. July 8, 2008. A father and son were shot during a robbery with an AK-47 assault rifle.36

• Youngstown, Ohio. July 8, 2008. A man beat up and attempted to shoot his girlfriend with an assault weapon.37

• Edwardsville, Illinois. July 7, 2008. Two 19-year-olds repeatedly shot at a sheriff’s deputy with an assault weapon as he pursued them during a car chase.38

• Van Buren, Michigan. July 6, 2008. Two 19-year-olds with an assault rifle shot and killed a man they had argued with earlier.39

• Beaumont, Texas. July 5, 2008. One person was injured when a man shot an assault rifle into a crowd standing outside a nightclub.40

• Dallas, Texas. July 4, 2008. A gunman shot at an apartment building with an AK- 47 assault rifle, killing a 17-year-old girl inside. The gunman had been arguing with the girl’s stepfather outside.41

• Buena Vista, Michigan. July 3, 2008. A gunman shot an AK-47 multiple times into a car carrying two teenage girls, hitting one in the leg.42

35 Julie Murphy, Outlaws clubhouse shot up. Police: man fires 30 rounds, accuses members of rape, DAYTONA BEACH NEWS JOURNAL, July 17, 2008. 36 Shooting may be linked to Orlando Incident, WESH.COM, Orlando, FL, July 8, 2008, available at: http://www.wesh.com/print/16817435/detail.html (last visited Sept. 26, 2008). 37 Man charged with assault over domestic dispute, VINDY.COM, July 9, 2008, available at: http://www.vindy.com/news/2008/jul/09/man-charged-with-assault-over-domestic-dispute/ (last visited Sept. 26, 2008). 38 Sandord J. Schmidt, Two accused of shooting at deputy, THE TELEGRAPH.COM, July 8, 2008, available at: http://www.thetelegraph.com/news/county_15966___article.html/madison_accused.html (last visited Sept. 26, 2008). 39 Susan L. Oppat, 2 Van Buren teens charged in slaying, THE ANN ARBOR NEWS, July, 10, 2008. 40 Heather Nolan, Beaumont police seek help in investigating shooting at night club, BEAUMONTENTERPRISE.COM, July 7, 2008, available at: http://www.beaumontenterprise.com/news/local/beaumont_police_seek_public_s_help_in_investigaton_0 7-07-2008_10_43_01.html (last visited Sept. 26, 2008). 41 Seema Mathur, Teen hit by stray bullet at dallas apartment, CBS11TV.COM, July 6, 2008, available at: http://cbs11tv.com/local/dallas.teen.shot.2.764557.html (last visited Sept. 26, 2008). 42 Buena Vista gunman fires AK-47, strikes girl, WNEM.COM, July 8, 2009, available at: http://www.wnem.com/print/16821122/detail.html (last visited Sept. 26, 2008). 27

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Warsaw, North Carolina. July 2, 2008. 18-year-old high school football star Derrick Barden was killed after being shot with an AK-47. Three teenagers were charged with his death, which occurred as a group of people played with an AK-47 outside of an apartment complex.43

• Adairsville, Georgia. June 29, 2008. A man carrying an AK-47 assault rifle shot a woman twice in the chest during a robbery attempt.44

• Overtown, Florida. June 28, 2008. A 15-year-old died after he was shot with an assault weapon during a drive-by shooting.45

• Mobile, Alabama. June 27, 2008. A 6-year-old boy was shot three times and a man twice when a group of men fired AK-47 and SKS assault weapons at the two cars they were riding in.46

• Powhatan, Virginia. June 25, 2008. A 17-year-old with an assault weapon shot and killed an 18 year old after the two argued.47

• Powhatan County, Virginia. June 24, 2008. An 18-year-old high school student was shot and killed with an assault rifle following an altercation at a gas station. A juvenile was also wounded in the shooting.48

• Anderson, South Carolina. June 22, 2008. A man fired more than 30 rounds from an assault rifle at a group of people, killing a 16-year-old who was hit three times and wounding a man.49

• Opa Locka, Florida. June 22, 2008. A man shot an AK-47 assault rifle at a business, injuring three people inside.50

43 Steve Herring, Three teens charged in player’s shooting, GOLDSBORO NEWS-ARGUS, July 9, 2008. 44 Hayden Jennings, Suspect arrested in Adairsville shooting, ROMENEWSWIRE.COM, June 30, 2008, available at: http://www.romenewswire.com/index.php/2008/06/30/suspect-arrested-in-adairsville- shooting/ (last visited Sept. 26, 2008). 45 David Ovalle, 2 deaths raise 2008 homicides to 136, THE MIAMI HERALD, July 2, 2008 46 Ron Colquitt, Four suspects denied bail, THE PRESS-RESGISTER, June 28, 2008. 47 Authorities: Powhatan teen’s killer was 17-year-old, INRICH.COM, June 30, 2008, available at: http://www.inrich.com/cva/ric/news.PrintView.-content-articles-RTD-2008-06-30-0195.html (last visited Sept. 26, 2008). 48 Linda Dunham & Reed Williams, Suspects in fatal shooting surrender: Sheriff: Trio wanted in Powhatan teen’s death face murder charges; suspected weapon found, RICHMOND TIMES-DISPATCH, June 29, 2008. 49 Craig Stanley, Westside student, shooting victim, is remembered, INDEPENDENTMAIL.COM, June 27, 2008, available at: http://www.independentmail.com/news/2008/jun/27/westside-student-shooting-victim- remembered/ (last visited Sept. 26, 2008). 50 3 shot in Opa Locka, NBC6.NET, June 22, 2008, available at: http://www.independentmail.com/news/2008/jun/27/westside-student-shooting-victim-remembered/ (last visited Sept. 26, 2008). 28

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• Little Rock, Mississippi. June 21, 2008. A man died after being shot in the head with an AK-47 assault rifle. The gunman and victim had argued over a dice game.51

• Elyria, Ohio. June 14, 2008. A woman died after being shot with an AK-47 assault rifle during a robbery.52

• Miami, Florida. June 13, 2008. A man shot six people at a graduation party with an assault rifle. One of the victims died.53

• Lavaca County, Texas. June 11, 2008. A 14-year-old boy died after being accidentally shot by his grandfather with an AK-47 assault rifle.54

• Longview, Texas. June 10, 2008. A man opened fire with an AK-47 assault rifle after arguing with his girlfriend, injuring three people, including a 7-year-old girl.55

• Wilkes, North Carolina. June 6, 2008. A 17-year-old was seriously injured after being shot with an AK-47 assault rifle. Several teenagers were playing with the gun when it was fired.56

• Shreveport, Louisiana. June 1, 2008. A 25-year-old man was seriously injured after being shot multiple times with an assault rifle while in his car.57

• Tucson, Arizona. June 1, 2008. A man shot at several houses with an assault rifle, then lead police in pursuit across Tucson for more than an hour. During the chase, the gunman shot at police multiple times, fatally shooting one officer and injuring two Sheriff’s deputies.58

51 Tim Doherty, Foxworth man held in slaying THE HATTIESBURG AMERICAN, June 24, 2008. 52 Matt Suman, AK-47 used in deadly Gas USA robbery, THEMORNINGJOURNAL.COM, June 25, 2008 available at: http://www.zwire.com/site/news.cfm?newsid=19801129&BRD=1699&PAG=461&dept_id=46371&rfi=6 (last visited Sept. 26, 2008). 53 Teen shot and killed while leaving graduation party, WSVN.COM, Miami Gardens, FL, available at: http://www.wsvn.com/news/articles/local/MI88522/ (last visited Sept. 26, 2008). 54 Teen shot, killed in hunting accident, KSAT.COM, June 12, 2008, available at: http://www.zwire.com/site/news.cfm?newsid=19801129&BRD=1699&PAG=461&dept_id=46371&rfi=6 (last visited Sept. 26, 2008). 55 3 wounded in Longview gunfire,THE DALLS MORNING NEWS, June 10, 2008. 56 Wilkes teens play with rifle, one shot, GOBLUERIDGE.NET, June 9, 2008, available at: http://www.goblueridge.net/index.php?option=com_content&task=view&id=3821&Itemid=1 (last visited Sept. 26, 2008). 57 Katrina Webber, Violent weekend in Shreveport leaves 3 with gunshot wounds, KSLA NEWS 12, June 2, 2008, available at: http://www.ksla.com/Global/story.asp?S=8410023&nav=0RY5RQCK (last visited Sept. 26, 2008). 58 Brady McCombs & Alexis Huicochea, Officer on life support after crosstown pursuit, ARIZONA DAILY STAR, June 2, 2008. 29

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• New Orleans, Louisiana. May 26, 2008. Two people were injured when a gunman carrying an AK-47 assault rifle fired more than twenty rounds at them.59

• Jackson, Mississippi. May 26, 2008. Five people were shot, one fatally, at a Memorial Day barbecue. A man left the party after an argument and returned with an assault rifle and fired indiscriminately into the crowd.60

• Shreveport, Louisiana. May 19, 2008. A 15-year-old shot a 14-year-old with an assault weapon.61

• Brooklyn, Connecticut. May 14, 2008. A 16-year-old boy with Asperger syndrome shot an assault rifle near a group of people playing basketball in a park who he had argued with earlier.62

• Miami, Florida. May 14, 2008. A man was shot multiple times after his car was sprayed with bullets from an assault weapon.63

• San Jacinto, California. May 12, 2008. A SWAT team was called in after a man and woman armed with assault rifles shot at security guards and then Sheriff’s deputies. The two were killed in the resulting shootout.64

• Raceland, Louisiana. May 12, 2008. Three men attacked three other men in their car, killing all three. Each victim was shot multiple times with an AK-47 assault rifle.65

Calabash, North Carolina. May 8, 2008. James Murdock, 25, was killed in a drive-by shooting. Murdock was sitting in a car when a dark SUV pulled up and fired at him with an assault rifle. He died at the scene. Two men were charged with the murder.66

• San Jacinto, California. May 8, 2008. A 26-year-old man shot at Sheriff’s deputies with an assault rifle. The man was killed when the policemen returned fire.67

59 Pair gunned down by AK-47, WDSU.COM, May 27, 2008, available at: http://www.wdsu.com/news/16401761/detail.html (last visited Sept. 26, 2008). 60 Kathleen Baydala, Man arrested in fatal holiday party shooting, THE CLARION LEDGER, May 28, 2008. 61 Arrest made in shooting of 14 year old boy, KSLA NEWS 12, May 20, 2008, available at: http://www.ksla.com/Global/story.asp?S=8350809&nav=menu50_11_16_4 (last visited Sept. 26, 2008). 62 Dustin Racioppi & Don Bond, Conn. teen with autism held in assault rifle shooting, THE METRO WEST DAILY NEWS, May 15, 2008, available at: http://www.metrowestdailynews.com/archive/x2118739287/Conn-teen-with-autism-held-in-assault-rifle- shooting (last visited Sept. 26, 2008). 63 Man shot with high-powered assault weapon, LOCAL 10 NEWS, May 14, 2008, available at: http:www.local10.com/print/16261614/detail.html (last visited Sept. 29, 2008). 64 Gillian Flaccus, Deputies kill 2 in gun battle on Calif. Reservation, ASSOCIATED PRESS ARCHIVE, May 14, 2008. 65 Raymond Legendre, Grand jury to consider Raceland triple-slaying case, THE COURIER, August 11, 2008. 66 Shannan Bowen, Two charged in Calabash murder, STAR-NEWS, May 20, 2008. 30

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• Ripon, Wisconsin. May 6, 2008. A 19-year-old accidentally shot and killed an 18-year-old friend with an assault rifle while the two were at a friend’s house.68

Stafford, Virginia. May 5, 2008. Aaron Poseidon Jackson shot his children, 1-year-old Aaron and 2-year-old Nicole, with a .38 caliber handgun, then shot their mother, Latasha Thomas, with an AK-47. When police arrived at the home, Jackson, wearing a bulletproof vest and surrounded by guns and ammunition, was found dead from a self inflicted gunshot wound.69

• Burien, Washington. May 4, 2008. A man died when he was shot in the head with an assault rifle after arguing with the shooter in a bar. The shooter left after the initial incident but returned with the gun.70

• Chicago, Illinois. May 4, 2008. A college student died after being shot with an assault rifle when she was caught in crossfire from a gang while in a car.71

• Cordova, New Mexico. May 4, 2008. A man killed his 17-month-old son by shooting him in the chest with an assault rifle.72

• Philadelphia, Pennsylvania. May 3, 2008. A police officer was shot and killed by an assault rifle as he was responding to a bank robbery. Three men robbed the bank and were fleeing when the officer stopped their car and exited his patrol car. At that time, one of the bank robbers opened fire with an SKS assault rifle, striking the officer numerous times. One suspect was eventually shot and killed by police and the other two were arrested and charged with murder.73

• San Antonio, Texas. May 2, 2008. Two teens armed with an assault rifle shot at a man after he tried to stop a fight between groups of teenagers.74

67 Jose Arballo Jr., Steve Fetbrandt & Michelle DeArmond, Soboba member killed in gun battle with deputies, THE PRESS-ENTERPRISE, May 8, 2008. 68 Teen charged with negligent homicide in Ripon shooting posts bond, NBC 15 NEWS, Feb. 29, 2008, available at: http://www.nbc15.com/home/headlines/15839617.html last visited (Sept. 29, 2008). 69 Keith Epps & Ellen Biltz, Gunman heavily armed, FREDERICKSBURG.COM, May 7, 2008, available at: http://fredericksburg.com/News/FLS/2008/052008/05072008/377460 (last visited Sept. 26, 2008). 70 Casey McNerthney, Man shot after Burien bar fight dies, SEATTLE POST-INTELLIGENCER, May 5, 2008. 71 Annie Sweeney & Stefano Esposito, We had so many plans, THE CHICAGO SUN-TIMES, May 6, 2008. 72 Isaac Paul Vasquez, Police allege father killed son, KFOXTV.COM, May 4, 2008, available at: http://www.kfoxtv.com/news/16157794/detail.html (last visited Sept. 26, 2008). 73 Joseph A. Gambardello, Liczbinski suspect’s girlfriend to stand trial, PHILADELPHIA INQUIRER, July 17, 2008; Officer shot, killed after bank robbery, NBC 10.COM, May 3, 2008; See Sergeant Stephen Liczbinski, www.odmp.org, available at: http://www.odmp.org/officer/19359-sergeant-stephen-liczbinski (last visited Sept. 30, 2008). 74 Man shot at after breaking up fight, KSAT TV 12, May 2, 2008, available at: http://www.ksat.com/news/16136482/detail.html (last visited Sept. 26, 2008). 31

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• Compton, California. April 29, 2008. A 19-year-old with an assault rifle exchanged fire with Sheriff’s deputies. No one was injured in the incident.75

• Chicago, Illinois. April 21, 2008. The owner of a plumbing company was shot in the stomach by an employee using an AK-47 and died as a result. The employee also shot at three police officers later in the evening.76

• York, Pennsylvania. April 11, 2008. A man died after he was shot multiple times with an assault rifle. The victim and shooter had argued earlier.77

• Miami, Florida. April 5, 2008. A 16-year-old boy died and his mother was injured when they were shot with an assault rifle outside of their home by people they had previously argued with.78

• Sharonville, Ohio. April 3, 2008. A 14-year-old girl was shot in the leg when a man fired an assault weapon randomly into the street. The bullet went through a car door and hit the victim.79

• Miami, Florida. April 3, 2008. A 20-year-old with over thirteen firearms, including four AK-47s, and more than 5,000 rounds of ammunition, was arrested after threatening over the internet that he was going to carry-out a Virginia Tech style massacre.80

• Tarpon Springs, Florida. March 30, 2008. A man fired several rounds from an assault weapon toward another man who was exiting his car.81

• Donaldsonville, Louisiana. March 22, 2008. A five-year-old boy and a man were injured after being shot with an assault rifle on the street.82

• Virginia Beach, Virginia. March 19, 2008. A man shot five people, killing two, with an AK-47 assault rifle and .9 mm handgun before killing himself. The man was

75 Suspect arrested in connection to Compton shootout, CBS2.COM, May 1, 2008, available at: http://cbs2.com/local/Compton.Shooting.Arrest.2.713125.html (last visited Sept. 26, 2008). 76 Lisa Donovan et. al., SWAT will go on patrol, CHICAGO SUN TIMES, Apr. 22, 2008. 77 Kristin Thorne, York man killed in shooting involving assault rifle, ABC27 NEWS, Apr. 11, 2008, available at: http://cfc.whtm.com/printstory.cfm?id=510600 (last visited Sept. 29, 2008). 78 Teen killed, mother injured in shooting, NBC6.NET, Apr. 6, 2008, available at: http://www.nbc6.net/news/15806302/detail.html (last visited Sept. 26, 2008). 79 Teenage girl accidentally shot in Sharonville, WCPO 9 NEWS, Apr. 3, 2008, available at: http://www.wcpo.com/news/local/story.aspx?content_id=c473d379-e54d-4b46-a24d-397f12369149 (last visited on Sept. 29, 2008). 80 Police: Man threatened to re-enact Virginia Tech-style killings, ASSOCIATED PRESS, Apr. 4, 2008. 81 Tarpon Springs man arrested in assault rifle attack, TBO.COM, Mar. 31, 2008, available at: http://suncoastpasco.tbo.com/content/2008/mar/31/tarpon-springs-man-arrested-assault-rifle-attack/ (last visited Sept. 26, 2008). 82 Samuel Irvin, Sheriff promises to boost patrols, THE ADVOCATE, Mar. 27, 2008 available at: http://www.2theadvocate.com/news/17040851.html (last visited Sept. 26, 2008). 32

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about to be evicted from his apartment and targeted the apartment complex’s employees in his attack.83

• Chattanooga, Tennessee. March 15, 2008. A man fired more than 20 rounds from an assault rifle at another man outside of an apartment building. The victim was not hit.84

• Baton Rouge, Louisiana. March 7, 2008. A 16-year-old male shot his father in the arm with an AK-47 and was placed in juvenile detention on one count of attempted murder.85

• Kansas City, Missouri. March 5, 6, 7, 2008. One man was killed and three injured during a drive-by shooting of a tire store. The shooters used two .223-caliber assault rifles, one of which had two large drum magazines and could fire 100 bullets without reloading. Police pursued the shooters, who were eventually apprehended, and were shot at with the same assault rifles. The following day, three retaliatory shootings occurred; the day after, one retaliatory shooting occurred in which a woman was shot seven times in the chest and torso.86

• Roanoke, Virginia. February 29, 2008. A car chase ended when the driver pulled over and began shooting at police with an SKS assault rifle. The police shot and seriously wounded the driver. None of the police were seriously injured.87

Gainesville, Georgia. February 19, 2008. 52-year old Mary Bailey was killed after being shot with an AK-47. Bailey was sleeping on the sofa when her 19-year old son, Derrick Bailey, cleaned his assault weapon and it fired. Derrick claims he did not know the weapon was loaded.88

• Marrero, Louisiana. February 16, 2008. An 18-year-old was killed and a 16-year- old wounded after being shot with an AK-47 multiple times. The shooter fired more than 20 rounds at the two victims.89

• Pulaski, Kentucky. February 9, 2008. A man fired more than 50 rounds from his assault rifle into a mobile home and garage after arguing with the owner. The homeowner received only minor injuries in the incident.90

83 Gunman in mass shooting identified, WVEC 13 NEWS, Mar. 20, 2008, available at: http://www.wvec.com/news/vabeach/stories/wvec_local_031908_vb_shooting.79dfc43.html (last visited Sept. 29, 2008). 84 Amy Katcher, East Lake shootout caught on tape, WDEF NEWS 12, Mar. 26, 2008, available at: http://wdef.com/news/east_lake_shootout_caught_on_tape/03/2008 (last visited Sept. 26, 2008). 85 Police and fire briefs, BATON ROUGE ADVOCATE, Mar. 8, 2008. 86 Christine Vendel, Heavy firepower in KC: Officers outgunned by suspects, KANSAS CITY STAR, Mar. 8, 2007. 87 Jessica Marcy, Shots end U.S. 220 chase in Roanoke County, WWW.ROANOKE.COM, Mar. 1, 2008, available at: http://www.roanoke.com/news/roanoke/wb/152736 (last visited Sept. 26, 2008). 88 Gainesville teen: ‘I shot my mother’, WSBTV.COM, Feb. 19, 2008, available at: http://www.wsbtv.com/news/15345707/detail.html (last visited Sept. 26, 2008). 89 Harvey teen booked with murder, THE TIMES PICAYUNE, Feb. 19, 2008. 33

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• Phoenix, Arizona. February 9, 2008. A 17-year-old died and a 23-year-old was injured after being shot with an assault rifle during an attack by four men.91

• Indianapolis, Indiana. February 8, 2008. An 8-year-old girl died after being shot in the head when someone sprayed her house with bullets from an assault weapon.92

• Macon, Georgia. February 4, 2008. A man fired over 70 rounds from an assault rifle into the front of a house, killing the woman at the door. The man was looking for the woman’s son but shot her after learning he was not at home.93

• Cleveland, Tennessee. February 2, 2008. A 20-year-old man died after being shot several times with an assault rifle as he exited a car. The gunman shot at the other people in the car and at a nearby house as well.94

• Pittsburgh, Pennsylvania. January 28, 2008. A 12-year-old girl was killed and her mother badly injured after they were shot with an AK-47 assault rifle. The two were visiting a family member when an assailant sprayed the house with dozens of bullets.95

• Camp Hill, Alabama. January 22, 2008. A 19-year-old shot a 17-year-old in the face with an assault rifle after the two argued over the stolen weapon.96

• Miami, Florida. January 20, 2008. Three cousins were injured when dozens of rounds were fired from an assault rifle into their car. One of the cousins was left brain-dead.97

• Carmichael, California. January 16, 2008. A 24-year-old man was shot with an assault rifle in a drive-by shooting and died.98

90 Eubank man jailed following hail of bullets fired into residence, WKYT.COM, Feb. 9, 2008, available at: http://www.wkyt.com/home/headlines/15476381.html (last visited Sept. 26, 2008). 91 David Biscobing, Teen gunned down in Phoenix with rifle, EAST VALLEY TRIBUNE, Feb. 9, 2008. 92 Community mourns eight-year-old’s shooting death, WTHR 13 NEWS, Feb. 26, 2008, available at: http://www.wthr.com/Global/story.asp?S=7853369 (last visited Sept. 29, 2008); Man charged in 8-year- old’s shooting death, WTHR 13 NEWS, Feb. 27. 2008, available at: http://www.wthr.com/Global/story.asp?s=7865668 (last visited Sept. 29, 2008). 93 Ashley Tusan Joyner, Woman died after man sprays home with bullets, THE MACON TELEGRAPH, Feb. 6, 2008. 94 Ryan Harris, Bradley murder victim identified, CHATTANOOGA TIMES FREE PRESS, Feb. 5, 2008. 95 Michael Hasch, Girl, 12, killed as 40 shots blast into North Side home, THE PITTSBURGH TRIBUNE- REVIEW, Jan. 29, 2008. 96 Teen shot in face by assault rifle, WTVM.COM, Jan. 22, 2008, available at: http://www.wtvm.com/Global/story.asp?S=7757100&nav=menu91_2 (last visited Sept. 26, 2008). 97 David Ovalle, Little Haiti: Gun violence tears family, THE MIAMI HERALD, January 24, 2008. 98 Two Carmichael killings may be connected, KCRA.COM, Jan. 16, 2008, available at: http://www.kcra.com/news/15067608/detail.html (last visited Sept. 26, 2008). 34

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• Louisville, Kentucky. January 14, 2008. A man carrying an assault rifle fired several rounds at a police officer during a traffic stop. The officer was not injured.99

• North Miami Beach, Florida. January 8, 2008. An off-duty Miami police detective was killed by a man who shot him with an AK-47 assault rifle as he sat in his car.100

• Merrillville, Indiana. December 31, 2007. A 25-year-old man shot a 20-year-old man with an assault rifle. The shooter asked the victim and another man to leave his apartment after they argued, then followed them outside and shot the victim multiple times.101

Little Rock, Arkansas. December 29, 2007. 6-year-old Kamya Weathersby was shot at least 7 times by gunmen outside her home as she was lying in bed. Police believe at least one assault rifle was used to fire 50 or more rounds at her home. The following day, Kamya died when her family made the decision to take her off life support. 102

• Ozark, Alabama. December 29, 2007. An 18-year-old man repeatedly shot a 22- year-old man using a SKS assault rifle after the two argued. The 22-year-old died from his injuries.103

• Southington, Connecticut. December 24, 2007. One man shot another in the head with an assault rifle, killing him, after the two argued.104

• Arvada & Colorado Springs, Colorado. December 9, 2007. One man with an assault rifle attacked a missionary training center in Arvada and a church in Colorado Springs. He killed two people and injured two others in Arvada, and killed two and injured three others in Colorado Springs. He died after being shot by a security guard and then shooting himself.105

99 4th arrest made in SWAT case, WLKY.com, Jan. 14, 2008, available at: http://www.wlky.com/news/15048297/detail.html (last visited Sept. 26, 2008). 100 David Quinones, Dispute boils over mourning of detective, MIAMI HERALD, Jan. 19, 2008; See Detective James Walker, www.odmp.org, available at: http://www.odmp.org/officer/19128-detective- james-walker (last visited Sept. 30, 2008). 101 M’ville man charged in shooting, THETIMESONLINE.COM, Jan. 4, 2008, available at: http://www.thetimesonline.com/articles/2008/01/04/news/lake_county/doc88e35a05299f4540862573c600 061f09.txt (last visited Sept. 26, 2008). 102 Girl, 6, dies after being shot 7 times – Ark. police search for suspects, motive, MEMPHIS COMMERCIAL APPEAL, Jan. 1, 2008. 103 Ozark shooting suspect surrenders, PRESS-REGISTER, Jan. 1, 2008. 104 Chris Velardi, $2million bond for Southington murder suspect, WTNH.COM, Jan. 2, 2008, available at: http://www.wtnh.com/global/story.asp?s=7566985 (last visited on Sept. 29, 2008). 105 Erin Emery, Report details church shooting, the document chronicles the days leading up to the Dec. 9 deaths of four young people, DENVER POST, Mar. 13, 2008. 35

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• Omaha, Nebraska. December 5, 2007. Nine people were shot to death and five others were injured after a 20-year-old shooter, armed with a military-style assault rifle, attacked shoppers in a department store in a Nebraska mall.106

• Arden, South Carolina. December 4, 2007. One man was injured when he was shot at close range in the leg and foot with an AK-47 assault rifle.107

• Memphis, Tennessee. November 13, 2007. One man was killed and another injured after an unidentified man opened fire on a grocery store parking lot with an AK-47 assault rifle.108

• Vallejo, California. November 4, 2007. One man died after being shot several times with an assault rifle while arguing with two other men. Witnesses of the shooting pursued the shooters by car and were also shot at, although none were injured.109

• Crandon, Wisconsin. October 7, 2007. An off-duty Sheriff’s deputy killed six and wounded a seventh person when he burst into a pizza party and started shooting with an assault weapon. The shooter later killed himself as the police closed in.110

• West Palm Beach, Florida. September 18, 2007. Two men were killed and another injured when they were attacked in their car by two men carrying a handgun and an assault rifle. The suspects shot at the police as they escaped.111

• New Orleans, Louisiana. September 15, 2007. At least 28 bullets were fired from an AK-47 at an outdoor birthday party for 5-year-old twins in the courtyard of a public housing complex. A 19-year-old was killed and three children were wounded, ages 7, 8 and 13.112

• Miami, Florida. September 13, 2007. Police spotted a vehicle driving erratically and followed it until it stopped in a residential complex. The driver got out and hopped a fence to the rear of the home; the officers exited their patrol car and went to the front of the home where they were granted permission to search by a female resident. The suspect grabbed a high-powered, military-grade rifle and fired at the police officers through a window, killing one officer, then exited the house and shot

106 The American Way, REGISTER-GUARD, Dec. 17, 2007. 107 Clarke Morrison, Arden man gets 12 years for assault rifle shooting, THE CITIZEN-TIMES, Aug. 8, 2008. 108 Chris Conley & Jody Callahan, Drive-by shooting kills 1—police search for two gunmen in B-52 Market incident, MEMPHIS COMMERCIAL APPEAL, Nov. 13, 2007. 109 Henry K. Lee, Two suspects sought in Vallejo homicide, SFGATE.COM, Nov. 10, 2007, available at: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/11/10/BAUJT9HSA.DTL (last visited Sept. 26, 2008). 110 Todd Richmond, Crandon mass murder-suicide: Questions linger in killing of seven, officials tight- lipped despite suspect’s death, ST. PAUL PIONEER PRESS, Dec. 4, 2007. 111 2 killed in West Palm shootings, suspects escape on foot after one fires at police officer pursuing them, SOUTH FLORIDA SUN-SENTINEL, Sept. 19, 2007. 112 Mary Sparacello, Housing Authority reining in parties, Kenner shooting leads to regulations, THE TIMES PICAYUNE, Oct. 11, 2007. 36

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three other officers as he escaped. The shooter was caught later that day but would not relinquish his assault rifle so he was shot and killed by police officers.113

• Aiken, South Carolina. September 12, 2007. A 20-year-old man died after being shot multiple times with an assault rifle by a 19-year-old when they were having an argument.114

• Rome, Georgia. August 26, 2007. One man was killed and a woman seriously injured inside their home. The shooter was found with an AK-47, from which several clips of ammunition had been emptied, and a 12-gauge shotgun when police arrived at the scene.115

• Treme, Louisiana. August 13, 2007. Two men were killed and another was seriously wounded as a shooter sprayed the crowd with an AK-47 assault rifle at a recreational league basketball game.116

• Dallas, Texas. August 12, 2007. One person was killed and three others wounded in a shooting outside a poetry/coffee shop. The gunman, who used an assault rifle, fled the scene.117

Hialeah, Florida. August 5, 2007. Eric Lopez, 38, was fatally shot in his home, and his wife, Olga, was shot in the leg. The incident began around noon when gunmen entered their home and began firing with a military-style semi-automatic weapon. Police arrested four people in connection with the shooting.118

• Oakland, California. August 4, 2007. A gunman with an assault rifle unleashed a barrage of bullets at a van parked on a North Oakland street, killing one man who lived nearby and wounding his brother and their friend. The gunman then fled.119

• Orangeburg, South Carolina. July 19, 2007. A man brandishing an assault rifle shot a woman once in the leg. The man was charged with assault and battery with intent to kill.120

113 David Ovalle et al., The murder and the manhunt started in a South Miami-Dade townhouse, zigzagged…, MIAMI HERALD, Sept. 15, 2007. 114 Michelle Guffey, Police seek murder suspects, THE AUGUSTA CHRONICLE, Sept. 19, 2007. 115 Man goes on shooting rampage, kills one, severely injures another, ROMENEWSWIFE.COM, available at: http://www.romenewswire.com/index.php/2007/08/26/police-on-scene-of-possible-murder-in-west-rome/ (last visited Sept. 29, 2008). 116 Richard A. Webster, Soaring murder rate in New Orleans undermines recovery strides, NEW ORLEANS CITY BUSINESS, Aug. 20, 2007. 117 Marissa Alanis, Peacekeeper is killed outside club, police say: Dallas 3 others injured as gunman fires assault rifle into crowd, DALLAS MORNING NEWS, Aug. 13, 2007. 118 Laura Figueroa, Hialeah: 4 charged in ‘crime of passion’, MIAMI HERALD, Aug. 7, 2007. 119 Two more slain in Oakland weekend violence, THE OAKLAND TRIBUNE, Aug. 5, 2007. 120 Richard Walker, Woman recovering after being shot with AK-47, THE TIMES AND DEMOCRAT, July 20, 2007. 37

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• North Augusta, South Carolina. July 15, 2007. Twenty-one bullets were shot from an assault rifle into a home, hitting a 14-year-old boy sleeping inside. The bullets reportedly came from a car outside, tore through a foosball table, couch, and the wall to a back bedroom, where they pierced furniture, blasted a TV to the floor, and hit the boy.121

• Floyd County, Indiana. June 18, 2007. Two officers responded to a domestic disturbance call between a mother and her son. The officers were speaking with the mother on the driveway when the 15-year-old son ambushed both officers from an upstairs window and shot at them with a high powered assault rifle. One officer was killed and the other was seriously wounded.122

• Biloxi, Mississippi. June 5, 2007. A gunman with an AK-47 ambushed police officers in a shootout, killing one, then shooting himself. The gunman lured police by firing shots in the neighborhood and waiting. After shooting one officer, the gunman unloaded an additional round into the patrol car. The gunman had a cache of backup guns and ammunition waiting inside his home.123

• Dallas, Texas. March 23, 2007. A Dallas police officer was killed when he was struck in the neck and chest by an assault weapon as he approached a suspect’s car.124

• Metairie, Louisiana. February 27, 2007. Two AK-47s were among several guns fired into a Metairie apartment that resulted in four men being shot, one fatally and another critically.125

• Philadelphia, Pennsylvania. February 13, 2007. A gunman used an assault weapon to kill 3 and wound another before killing himself.126

• Palm Beach County, Florida. January 1, 2007. An 8-month-old baby boy was shot in his car seat after his mom parked in front of a drug house and rivals opened fire with assault rifles.127

• New Bedford, Massachusetts. December 12, 2006. Three people were killed and two police officers were injured when a gunman opened fire at the Foxy Lady strip

121 Meredith Anderson, North Augusta 14-year-old shot, WRDW 12 NEWS, July 16, 2007, available at: http://www.wrdw.com/home/headlines/8526357.html (last visited on Sept. 29, 2008). 122 See Officer Frank Charles Denzinger, odmp.org, available at: http://www.odmp.org/officer/18926- officer-frank-charles-denzinger (last visited Sept. 30, 2008). 123 Ryan LaFontaine, Gunman had a large arsenal, Police say Asher used AK-47, SUN HERALD, June 9, 2007. 124 Tanya Eiserer et al., Dallas officer dies after shootout, THE DALLAS MORNING NEWS, Mar. 24, 2007. 125 Michelle Hunter, Cops say victim not innocent bystander, THE TIMES PICAYUNE, Feb. 28, 2007. 126 Larry King & Joseph A. Gambardello, Investor rage, lethal trap, PHILADELPHIA INQUIRER, Feb. 14, 2007. 127 Rochelle E.B. Gilken, County has most homicides since ’89, PALM BEACH POST, Jan. 6, 2008. 38

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club; the shooter was fatally shot. One of the weapons used was described as an AR-15.128

• Westboro, Massachusetts. December 2, 2006. Police seized a semiautomatic assault rifle from the bedroom closet of a young Shrewsbury man who posted threatening internet messages and who claimed to admire one of the Columbine High School killers.129

• Newport, Kentucky. November 19, 2006. A fight at a nightclub led to four people being shot that evening. A 23-year-old was shot several times and left for dead on a bridge. An hour later, police found a 20-year-old man shot dead in his vehicle. Two other people were taken to the hospital with gunshot wounds and police recovered casings from an assault weapon.130

• Chicago, Illinois. October 30, 2006. Members of the New Breed Street gang shot at Chicago police officers with an AK-47 from their car, injuring one officer. One gang member was killed and another critically wounded in the shoot-out.131

• Palm Beach County, Florida. August 15, 2006. A 50-year-old landscaper was shot at least 15 times as he walked toward a house to collect money for completed yard work. The shooters used assault weapons in the drive-by and police say the shooters mistook the victim for a gang member. 132

• Chapel Hill, North Carolina, July 29, 2006. A gunman with an assault rifle shot a man multiple times outside a nightclub, killing him. The shooter fled in a getaway car and later turned himself in.133

128 Jessica Heslam, Strip club gunman at ‘crossroads’, killer bid farewell in cell phone messages, BOSTON HERALD, Dec. 14, 2006. 129 Kevin Keenan, State police seize weapons, WORCESTER TELEGRAM & GAZETTE, Dec. 2, 2006. 130 A fight at a Northern Kentucky nightclub lead to a wild shooting spree, WLEX TV 18, Lexington, KY, Nov. 19, 2006, available at: http://www.lex18.com/Global/story.asp?S=5704257&nav=EQ1p (last visited Oct. 2, 2008). 131 Lisa Donovan et al., Shoot-out ‘looked like a movie’: Cops kill 2 men they say were about to execute gang rivals, CHICAGO SUN TIMES, Oct. 31, 2006. 132 Tim Collie, Two members offer a look inside a South Florida gang, SOUTH FLORIDA SUN-SENTINEL; July 22, 2007; Jerome Burdi, ‘Innocent victim’ killing unsolved, family awaits arrest in 2006 Boynton drive-by shooting, SOUTH FLORIDA SUN-SENTINEL, Aug. 20, 2007. 133 Chapel Hill nightclub under review after fatal shooting, WRAL.COM, July 31, 2006, available at: http://www.wral.com/news/local/story/1056918/ (last visited Sept. 29, 2008). 39

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St. John the Baptist Parish, Louisiana. June 27, 2006. 25-year-old Kelvin Thomas Jr. died after being shot in the abdomen with an assault rifle. Alonzo Bolden, 20, was arrested and booked with second-degree murder in connection with the shooting. Police believe the two men were engaged in an argument that was part of a long- running feud and ended with Bolden firing multiple shots at Thomas at close range. Thomas had three young children.134

• Calumet City, Illinois. June 25, 2006. A 22-year-old pregnant woman and her 3- year-old son were shot and killed while they were sleeping when an unknown gunman fired 30 rounds from an AK-47 into their home at 1:15 a.m.135

• St. John the Baptist Parish, Louisiana. June 20, 2006. A man who had killed a deputy police officer and injured another during a crime spree broke into the house of an 81-year-old man and held him hostage with an AK-47 until he eventually gave himself up and released the hostage.136

• Metairie, Louisiana. June 15, 2006. Police attempted to serve a man with an emergency committal order but the man barricaded himself in his home and engaged in a 12-hour standoff with police. Seven hours into the standoff, the man shot and wounded two Sheriff’s deputies with an assault rifle.137

• Reno, Nevada. June 12, 2006. An owner of a gun shop, with a license to carry concealed weapons and access to a cache of guns, stabbed his wife to death and then shot the family court judge presiding over his divorce with a Bushmaster .223 high-powered assault rifle with sniper capabilities. The judge survived.138

• Howard County, Maryland. June 8, 2006. County police officers were shot at by a man wielding an assault rifle whom they were attempting to serve a warrant on.139

• Norman, Oklahoma. June 7, 2006. Two men opened fire on a Native American gathering of over 300 with an SKS assault rifle, killing one man and injuring another.140

134 Allen Powell II, Garyville man held in fatal shooting, Deputies suspect long-running feud, THE TIMES PICAYUNE, June 27, 2006. 135 Tom Rybarczyk, Calumet City reels after spray of bullets, CHICAGO TRIBUNE, June 26, 2006. 136 Allen Powell II, Mourners salute slain St. John deputy, NEW ORLEANS TIMES PICAYUNE, June 21, 2006. 137 Michelle Hunter & Walt Philbin, 2 deputies wounded in Metairie standoff, THE TIMES PICAYUNE, June 16, 2006. 138 FOX NEWS, June 24, 2006. 139 Tyrone Richardson, Man found guilty of murder attempt, BALTIMORE SUN, Oct. 29, 2006. 140 Tom Blakely, Pair arraigned in Sunday crowd shooting, THE NORMAN TRANSCRIPT, June 7, 2006. 40

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• Miami, Florida. June 6, 2006. Three men were killed and another injured when the van they were riding in was shot numerous times by assault weapons. About 50 rounds were fired into the van.141

• Indianapolis, Indiana. June 2, 2006. Seven family members, four adults and three children, were shot and killed in their home by a robber armed with an assault rifle. Nearly 30 shell casings were found.142

• San Diego, California. June 2, 2006. A 17-year-old was wounded in an accidental workplace shooting when the teen’s co-worker brought an AK-47 to work and was unaware that there was a live round inside the rifle’s chamber.143

• New Milford Township, Pennsylvania. May 27, 2006. Two brothers were camping with their wives and children when they were awakened by gunshots coming from a neighbor’s property at 3:00 a.m. The brothers knew the neighbor so they went to his house to ask him to stop shooting. The neighbor, armed with a shotgun, told the two brothers to leave and then told his stepson to pick up an AR-15 rifle. The brothers were both shot in the stomach and wounded severely.144

• West Palm Beach, Florida. May 17, 2006. Two men carrying AK-47 assault rifles ordered a man out of his car at gun-point, mugged him, and ripped off his pants.145

• Kingston, Tennessee. May 14, 2006. A deputy sheriff and another individual were shot and killed by high-powered assault rifles. The deputy had 33 gunshot wounds.146

• Port Salerno, Florida. May 12, 2006. A deputy sheriff was shot and wounded with an AK-47 assault rifle.147

141 David Ovalle, Ambush takes lives of 3 men, MIAMI HERALD, June 6, 2006. 142 Ashley M. Heher, Suspect in slaying of 7 family members surrenders / Indianapolis police say he had nowhere else to go, HOUSTON CHRONICLE, June 4, 2006. 143 Debbi Farr Baker, Man accidentally shoots co-worker, SAN DIEGO UNION-TRIBUNE, June 3, 2006. 144 Nyier Abdou, Somerville brothers still hospitalized after shooting: Pa. Man charged with assaulting rescue squad members during family camping trip, THE STAR-LEDGER, May 31, 2006. 145 Digest, SOUTH FLORIDA SUN-SENTINEL, May 17, 2006. 146 Duncan Mansfield, ‘Anti-government’ man sought in ambush of Tennessee deputy, CHARLESTON GAZETTE, May 13, 2006. 147 Leon Fooksman, Police fearful of violent crime trend: AK-47 shootings, SOUTH FLORIDA SUN-SENTINEL, May 13, 2006. 41

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Fort Worth, Texas. May 9, 2006. 16-year-old Derick Giles, an innocent bystander, was killed after being shot in the abdomen in the crossfire of a gang shooting outside a convenience store. Five minutes later, one man was shot in the leg and another in the foot during a second drive-by shooting. One hour and half later, a 50-year-old woman was shot in the shoulder by gunfire from a high-powered assault weapon as she stood in her kitchen.148

• Chantilly, Virginia. May 8, 2006. A teenager with an AK-47 and 5 handguns engaged in a firefight at a police station, killing a female detective immediately and wounding two other officers, one of whom died nine days later from his injuries.149

• Los Angeles, California. May 8, 2006. Police arrested a man and found over 20 assault weapons in his home after the man fired multiple rounds in the air while driving through his neighborhood with a semiautomatic pistol. The man had his young son in the car with him.150

• Oskaloosa, Iowa. May 5, 2006. A 17-year-old shot his 13-year-old friend in the chest with a military-style rifle and then shot himself.151

• West Palm Beach, Florida. April 28, 2006. Shots were fired into an apartment at 6:00 in the morning, hitting one man in the right leg and left knee. Seventeen shell casings from an AK-47 were found at the scene.152

West Palm Beach, Florida. April 27, 2006. An AK-47 was used to shoot 24-year-old David Paulk and his 16-year-old sister. Mr. Paulk was critically injured and died four days later. The next day, the alleged gunman, Brandon Williams, was shot in the back with an assault rifle and taken to the hospital, where he was treated and left before police were able to find cause to arrest him.153 However, he was arrested soon after.154

148 Deanna Boyd, Teen killed in shooting at convenience store, FORT WORTH STAR-TELEGRAM, May 9, 2006. 149 Ian Urbina, Fatal police station attach shocks tranquil community, NEW YORK TIMES, May 10, 2006; Officer Killed, BOSTON GLOBE, May 18, 2006. 150 Man said to be on ‘edge of Armageddon’, LONG BEACH PRESS-TELEGRAM, May 9, 2006. 151 AP-News Agenda, Broadcast News, May 5, 2006. 152 Police Blotter, PALM BEACH POST, Apr. 29, 2006; Jerome Burdi, Rash of shootings hits city in 2 days, SOUTH FLORIDA SUN-SENTINEL, Apr. 29, 2006. 153 Jerome Burdi, Rash of shootings hits city in 2 days, SOUTH FLORIDA SUN-SENTINEL, Apr. 29, 2006; Jerome Burdi, New task force seeks man suspected in 2 shootings, SOUTH FLORIDA SUN-SENTINEL, Apr. 30, 2006; Police Blotter, PALM BEACH POST, Apr. 30, 2006. 154 Nirvi Shah, West Palm slaying suspect jailed after Pensacola stop, PALM BEACH POST, May 8, 2006. 42

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• Oakland, California. March 19, 2006. A gunman with an AK-47 opened fire on an apartment building, filling it with bullets and killing a 49-year-old man.155

• Lake Worth, Florida. March 17, 2006. A man angry over an argument with a woman, shot the woman and her roommate with an AK-47 and left the victims in the doorway of their home.156

• Chicago, Illinois. March 11, 2006. A 10-year-old girl was killed by a shot to her head as she was celebrating her birthday in her living room. A spray of bullets from an assault weapon peppered the house from a nearby fight.157

• Chicago, Illinois. March 3, 2006. A stray bullet from an assault rifle struck a 14- year-old honor student as she was looking out the window of her home, killing her instantly.158

• Las Vegas, Nevada. February 1, 2006. A 22-year-old fired at least 50 rounds from an assault rifle, shooting two Las Vegas police officers and killing one, before being shot and killed by the surviving officer.159

• Brooklyn, New York. January 20, 2006. A man was arrested after firing at least two rounds from an Uzi at two members of the New York Police Department.160

• Ocala, Florida. January 7, 2006. Two college students who were camping in the Ocala National Forest were randomly targeted by a man who shot and killed them with a stolen AK-47.161

• Indianapolis, Indiana. January 2, 2006. A man dubbed the “Tec-9 Robber” was arrested after being wanted in connection with as many as 23 robberies in four months of fast food restaurants, convenience stores, and gas stations.162

• Caddo Parish, Louisiana. January 1, 2006. A 19-year-old was arrested after he was found hiding in an alley with an assault weapon. He faces two counts of aggravated assault on a police officer and potential charges for riddling a house with bullets, injuring a man.163

155 Henry K. Lee, Oakland: Two new slayings brings homicide total to 30, SAN FRANCISCO CHRONICLE, Mar. 21, 2006. 156 Kevin Deutsch, Man arrested in assault-rifle shooting, PALM BEACH POST, Mar. 17, 2006. 157 Gov. Blagojevich, victims’ families, advocates urge lawmakers in Springfield to pass statewide assault weapons ban, US STATE NEWS, Mar. 23, 2006. 158 Charles Sheehan, Neighborhood buries another child, CHICAGO TRIBUNE, Mar. 19, 2006. 159 Omar Sofradzija, Processions to honor Prendes, LAS VEGAS REVIEW-JOURNAL, Feb. 7, 2006. 160 Veronika Belenkaya et al., Uzi maniac shot by cops. Tied to 3 attacks on city’s finest, NEW YORK DAILY NEWS, Jan. 22, 2006. 161 Stephen Kudak & Sarah Lundy, Cops: Suspect admits killing 2 campers in Ocala forest, ORLANDO SENTINEL, Jan. 28, 2006. 162 CBS 8 WISH, Indianapolis, IN, Jan. 5, 2006. 163 CBS 12 KSLA, Shreveport, LA, Jan. 2, 2006. 43

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• Harper Woods, Michigan. December 31, 2005. A 40-year-old man was shot sixteen times with an assault weapon while standing on his front porch around 3:15 p.m. and died from his injuries. His wife and daughters were in the house at the time of the shooting. His murder, occurring on the last day of the year, was the first murder of 2005 in his town.164

• Miami, Florida. December 28, 2005. A man dressed in all black used an assault weapon to fire multiple rounds into a house killing a 20-year-old man and injuring another man who was hit in the leg.165

• Fortville, Indiana. December 13, 2005. A man slapped a female relative and fired a round from an assault weapon into his driveway then barricaded himself in his house and threatened to shoot anyone who came to the door. When the 8-hour standoff ended, police found more than 10 weapons in the home.166

• Tacoma, Washington. November 20, 2005. A 20-year-old male opened fire in a Tacoma mall, wounding six. The shooter took four hostages, all of whom were released unharmed.167

San Francisco, California. October 14, 2005. 22-year- old Dernae Wysinger and his two-year-old son, Naemon, were killed when a man opened fire on their car with an assault weapon. The toddler’s mother, Jazmanika Ridout, was shot in the foot and survived. The family was leaving the home of the toddler’s great aunt, who had been babysitting Naemon so that Wysinger and Ridout could go on a date.168

• North Braddock, Pennsylvania. August 12, 2005. A man was found dead, shot in the back and head. Police found assault rifle bullet casings near the body.169

• Denton County, Texas. August 9, 2005. In a night-long standoff at his home, a man fired his SKS assault rifle at police to avoid being arrested. After shooting an officer in the leg and refusing to negotiate, police shot and killed the suspect.170

• New Orleans, Louisiana. August 8, 2005. While driving, a man was shot and killed when an occupant of another car opened fire with an AK-47 assault rifle.171

164 NBC 51 WDIV, Detroit, MI, Jan. 4, 2006. 165 Man killed in early morning shooting, MIAMI HERALD, Dec. 28, 2005. 166 Eight-hour standoff ends peacefully, THEINDYCHANNEL.COM, Dec. 13, 2005 available at: http://www.theindychannel.com/news/5524484/detail.html (last visited Sept. 29, 2008). 167 Suspect: ‘follow screams’, Man opens fire at mall in Tacoma; 6 wounded, AKRON BEACON JOURNAL, Nov. 22, 2005. 168 Christopher Heredia, San Francisco police ask public for help in finding shooting suspect, SAN FRANCISCO CHRONICLE, Oct. 16, 2005. 169 Michael Hasch, Shooting victim was teen suspect’s uncle, PITTSBURGH TRIBUNE REVIEW, Aug. 17, 2005. 170 Domingo Ramirez Jr., Trooper is shot; suspect is killed, FORT WORTH STAR-TELEGRAM, Aug. 9, 2005. 44

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• West Palm Beach, Florida. June 25, 2005. A man was killed and his 9-year-old daughter severely wounded when a man fired into their parked car with an assault weapon that police believe had been converted to fully automatic. 172

• Cincinnati, Ohio. June 22, 2005. Assailants armed with SKS-type assault rifles sprayed over forty armor-piercing bullets in twenty seconds, hitting two women leaving a grocery store.173

• Livingston County, Kentucky. June 2, 2005. A deputy was shot when he responded to a domestic disturbance call placed by a couple’s 18-year-old daughter. When the officer entered the home, a male fired at least 8 rounds from an assault rifle at him, hitting him four times and killing him. The officer was able to fire one round which killed the gunman.174

• Fresno, California. May 31, 2005. A man fired at least eight shots from an assault rifle at two veteran police officers sitting in their patrol car outside the police K-9 facility. The police later found a partially loaded 30 round magazine in the assailant’s car.175

• Kansas City, Missouri. May 29, 2005. After being pulled over for a routine traffic stop, a recently fired elementary school janitor shot a Highway Patrol trooper nine times with a 9 mm assault rifle.176

• Tulsa, Oklahoma. May 29, 2005. A gunman fired more than 20 shots from an assault rifle at an apartment building security guard, wounding the guard and hitting his car and surrounding buildings.177

• Camden, New Jersey. May 21, 2005. A mother of three young children was killed by a stray bullet fired from an AK-47 during a shoot-out.178

• Jackson, Mississippi. May 18, 2005. A man fired at least 17 shots from an SKS assault rifle and 9 mm pistol at police during a traffic stop.179

171 Walt Philbin, Three men killed in seven hours: All are shot to death on New Orleans streets, NEW ORLEANS TIMES PICAYUNE, Aug. 9, 2005. 172 Gun owners trade in arms, W. Palm Beach shootings spark city buyback, SOUTH FLORIDA SUN- SENTINEL, July 10, 2005. 173 Two wounded in West End, CINCINNATI POST, June 24, 2005. 174 Livingston County Kentucky Deputy Sheriff killed in gunfight, LMPD.com, June 3, 2005, available at: http://www.lmpd.com/index.php?name=News&file=article&sid=291&theme=AutoPrint (last visited Sept. 30, 2008). 175 Two held in assault-rifle attack on two officers, FRESENO BEE, June 1, 2005. 176 Accused man tells trooper he’s sorry, KANSAS CITY STAR , May 30, 2005. 177 Security guard at apartment is shot, TULSA WORLD, May 29, 2005. 178 Two more men arraigned in fatal street shoot-out, THE PHILADELPHIA INQUIRER, June 1, 2005. 179 Bond denied for man in shootout, SUN HERALD, July 20, 2005. 45

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Clayton County, Georgia. April 23, 2005. High school senior Larry Bishop Jr. was killed, and three other teens were wounded, when a gunman opened fire on a group of partygoers. 18-year old Artavious Rashad Abercrombie was arrested in connection with the crime.180

• Miami, Florida. April 10, 2005. Three men were injured during a dispute in a strip club parking lot when a fourth man fired an AK-47 at them.181

• Canton, Texas. April 8, 2005. A man shot his son’s football coach in the chest with an AK-47 after a dispute.182

• Houston, Texas. April 8, 2005. Two robbers armed with AK-47s fired nearly twenty rounds at police during a shoot-out outside a pawnshop. 183

• New Orleans, Louisiana. March 27, 2005. A woman was shot in the chest outside her apartment with an AK-47 when she refused to give her purse to two armed robbers.184

Pittsburgh, Pennsylvania. March 16, 2005. 16-year- old Keith Watts was killed, and two other students were injured, when a shooter fired at least eight rounds from an AK- 47 into their parked vehicle.185

• Dallas, Texas. March 15, 2005. Three people were killed after a man fired an assault rifle at them through the sunroof of his car.186

• Schertz, Texas. March 3, 2005. After being pulled over, a man fired more than 30 bullets from a handgun and AK-47 at a state police officer.187

• Tyler, Texas. February 25, 2005. A gunman with a history of domestic violence and a felony conviction, who was reportedly fighting with his ex-wife over child support for their two youngest children, shot over 50 rounds from an SKS assault rifle on the steps of his local courthouse when his ex-wife exited the building. His ex-wife was killed along with a bystander who tried to shoot the gunman. The shooter’s 23-year-old son and three law enforcement officers were wounded during the shooting, including a 28-year-old deputy who was in grave condition. The

180 Teen faces murder charge, THE ATLANTA JOURNAL-CONSTITUTION, May 28, 2005. 181 Pair of early-morning shootings leave six hurt, MIAMI HERALD, April 11, 2005. 182 Gunman attacks coach at school, FORT WORTH STAR-TELEGRAM, April 8, 2005. 183 Pawnshop heist ends in bloody shootout, HOUSTON CHRONICLE, April 7, 2005. 184 Jeff woman shot in struggle with thief, THE TIMES-PICAYUNE, March 29, 2005. 185 Schools need permission to shield kids from threats, PITTSBURGH POST-GAZETTE, March 18, 2005. 186 Police say revenge went awry for slaying suspects, DALLAS MORNING NEWS, March 18, 2005. 187 Man indicted in Schertz shootout, SAN ANTONIO EXPRESS-NEWS, March 24, 2005. 46

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gunman fled the scene but was pursued and shot by police when he exited his car and shot toward officers. 188

• Los Angeles, California. February 24, 2005. A disgruntled Los Angeles municipal employee opened fire with an AK-47 after being reprimanded at work, killing his supervisor and another employee.189

Akron, Ohio. February 24, 2005. A man shot and killed his girlfriend and her seven year old son using an AR-15 assault rifle, then fired more than one-hundred rounds at a dozen law enforcement officers as he fled the murder scene. The gunman was arrested the next morning inside the apartment of a Kent State University student, who he also murdered with the AR-15 assault rifle. Police subsequently seized 21 weapons kept by the suspect, including an Uzi and an AK-47.190

• Las Vegas, Nevada. February 15, 2005. A suspected murderer fled from police as his girlfriend fired an assault rifle with a 100 round magazine at pursuing police vehicles. The man was wanted in connection with a drug related murder and for a nonfatal shooting. The man also had convictions for attempted manslaughter and armed robbery, and was suspected of shooting at a Louisiana police officer five months earlier.191

• Ulster, New York. February 13, 2005. A gunman fired more than 60 shots from an AK-47 assault rifle in the Hudson Valley Shopping Mall, wounding two and causing tens of thousands of dollars of damage before being apprehended. A few hours earlier, the shooter had purchased armor-piercing ammunition from a nearby Wal- Mart.192

• Lebanon, Tennessee. February 10, 2005. A second grade student found a Tec-9 inside a closet and brought it to school in his backpack, where it was confiscated by police. The gun was not fired but sixteen bullets were discovered in the magazine.193

• Dayton, Ohio. January 31, 2005. Three teens were shot with a Russian-made assault rifle following an argument at a grocery store.194

188 Bill Hanna & Jack Douglas Jr., Rampage in Tyler leaves three dead, four wounded, FORT WORTH STAR-TELEGRAM, Feb. 25, 2005; Jack Douglas Jr. & Bill Hanna, Police order emergency trace on weapon used in shootings, FORT WORTH STAR-TELEGRAM, FEB. 26, 2005. 189 2 Are Shot to Death at Maintenance Yard, LOS ANGELES TIMES, Feb. 25, 2005. 190 Ed Meyer, Police eye semiautomatic rifles, Brimfield officials want to be prepared after recent shooting rampage that killed 3 people, AKRON BEACON JOURNAL, Feb. 24, 2005. 191 Brian Haynes, Wild chase ends in arrests, LAS VEGAS REVIEW-JOURNAL, Feb. 19, 2005. 192 Mall Gunman Had Columbine Fixation, an Official Says, THE NEW YORK TIMES, Feb. 15, 2005. 193 WKRN TV NEWS 2, Nashville, TN, Feb. 10, 2005. 194 Kelli Wynn, Assault weapon used in shooting, police say, DAYTON DAILY NEWS, Feb. 2, 2005. 47

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• Ravena, Ohio. January 21, 2005. Three people were killed, including a mother and her seven year old son, when a man fired at least 18 bullets from an assault rifle.195

Jackson, Tennessee. January, 11, 2005. Donna Renee Jordan, 31, David Gordon, 41, and Jerry Hopper, 61, were killed when Jordan’s estranged husband, David Jordan, opened fire in a Tennessee Department of Transportation maintenance garage. Two other employees, Larry Taylor and James Goff, were shot and wounded. When David Jordan was arrested shortly after the shootings, police found an SKS assault rifle, a 12- gauge shotgun, and two pistols in his truck. Jordan’s wife, whom he shot four times, left behind two children and two stepchildren.

• Ceres, California. January 9, 2005. A 19-year-old Marine armed with an SKS assault rifle shot two police officers, killing one, in a gun battle outside a liquor store.196

• Newington, Connecticut. December 31, 2004. A former correction officer used a fully automatic M-16 to fatally shoot a Newington policeman after the officer responded to a domestic disturbance call.197

• New Orleans, Louisiana. December 23, 2004. A mentally challenged 19-year-old was chased through the streets with a high-powered assault rifle before being gunned down outside his former elementary school.198

• Hayward, Wisconsin. November 21, 2004. After being asked to leave another hunter’s property, a 36-year-old man opened fire with an SKS semiautomatic rifle, killing six members of a hunting party and wounding two.199

• Oak Creek, Wisconsin. November 5, 2004. A man wearing body armor and armed with a machine gun fled the hotel room where he murdered his girlfriend, firing 30 to 40 rounds down the hotel hallway, killing one man and injuring two others. 200

• Portland, Oregon. October 28, 2004. A 31-year-old aimed two machine guns out his front window to guard the marijuana growing operation run from his home, which was less than 400 feet from an elementary school. Police seized 29 guns from his home, including several AK-47s and Uzis, a MAC-10 submachine gun and a .50

195 Stephen Dyer, Murder suspect pleads insanity, AKRON BEACON JOURNAL, Feb. 8, 2005. 196 Cop, gunman dead: Marine killed after shooting officers, THE MODESTO BEE, Jan. 11, 2005. 197 Officer shot, held hostage, HARTFORD COURANT, Dec. 31, 2004. 198 Barbarity beyond belief, THE TIMES-PICAYUNE, Dec. 23, 2004. 199 Wisconsin Shooting Rampage, ST. PAUL PIONEER PRESS, Nov. 23, 2004. 200 2 dead, 2 wounded in hotel shootings, MILWAUKEE JOURNAL SENTINAL, Nov. 6, 2004. 48

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caliber anti-aircraft gun. He was later sentenced to more than eight years in prison.201

• Minneapolis, Minnesota. October 21, 2004. A store clerk died after being shot in the chest with an assault rifle during a botched robbery attempt.202

• Oakland, California. September 22, 2004. A 16-year-old honor student was killed on the sidewalk near her home after being struck by errant assault rifle fire.203

201 Local news – Washington County, THE OREGONIAN, May 4, 2006. 202 3 teens charged with clerk’s slaying, ST. PAUL PIONEER PRESS, Nov. 2, 2004. 203 Girl, 16, gunned down in Oakland drive-by, THE OAKLAND TRIBUNE, Sept. 24, 2004. 49

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Endnotes

1 Ferri Used Guns That California Ban Does Not Forbid, SAN FRANCISCO EXAMINER, July 4, 1993. 2 Michael Janofsky, Columbine killers thank gun suppliers taped comments revealed in hearing, CLEVELAND PLAIN DEALER, Nov. 13, 1999. 3 Cult’s Massive Weapons Purchases Stir Up a Furor Over Federal Regulation, FORT WORTH STAR- TELEGRAM, May 2, 1993. 4 Satellite College Campus Helps to Heal the Scars at San Ysidro Massacre, LOS ANGELES TIMES, Mar. 30, 1989; A 77-Minute Moment in History That Will Never Be Forgotten, LOS ANGELES TIMES, July 16, 1989. 5 The Kinds of Guns School Killer Used, SAN FRANCISCO CHRONICLE, Jan. 19, 1989; Michael Taylor & Leslie Guevarra, Myterious Scrawlings and Slogans, School Killer’s Last Days, Toy Army in his Room, SAN FRANCISCO CHRONICLE, Jan. 19, 1989. 6 In an appendix of this report, we have included 27 pages of assault weapons shootings that have occurred in just the last four years. Moreover, this list is not comprehensive. It is merely representative examples. 7 ATF, Assault Weapons Profile 19 (1994) 8 Judith Bonderman, In Search of Justice: Compensation for Victims of Assault Weapon Violence, 20 PRODUCT SAFETY & LIABILITY REP. 25 (June 26, 1992). There are numerous examples of test-firing that display the firepower of semi-automatic assault weapons on YouTube. See, e.g., http://www.youtube.com/watch?v=nCMEqCPCvV4; http://www.youtube.com/watch?v=cYRsPzUYMM4; and http://www.youtube.com/watch?v=A75O0-QolJI. 9 ATF, Assault Weapons Profile, supra note 7, at 19 (emphasis added). 10 Id. 11 Assault rifles concern police, MONTGOMERY ADVERTISER, May 25, 2006. 12 ATF, Assault Weapons Profile, supra note 7, at 20. 13 See infra p. 15. 14 Dep’t of Treasury, Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles 38 (1998). 15 ATF, Report and Recommendations of the ATF Working Group on the Importability of Certain Semi- Automatic Rifles (July 6, 1989) 16 Dep’t of Treasury, Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles, supra note 14. 17 Christopher S. Koper, Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003, U. PA. JERRY LEE CENTER OF CRIMINOLOGY 3 (June 2004). [Quotation in report spells out ‘assault weapons’ & ‘large capacity magazines’ while the actual quotation uses the abbreviations ‘AWs’ & ‘LCMs’]. 18 Press Release, Mayor Hahn, Chief Bratton Unite With Leaders Across Country To Demand Renewal Of Assault Weapons Ban (Apr. 27, 2004) (available at www.lacity.org). 19 Christopher S. Koper, Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003, supra note 17, at 87. [Quotation in report spells out ‘assault weapons’ while the actual quotation uses the abbreviation ‘AWs’].

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20 See International Association of Chiefs of Police, Taking a Stand: Reducing Gun Violence in Our Communities: Report and Recommendations from the IACP Great Lakes Summit on Gun Violence 26 (2007) (noting that FBI data indicated that 41 of the 211 law enforcement officers slain in the line of duty between January 1, 1998 and December 31, 2001, were killed with assault weapons. See also, H.R. Rep. No. 103-489 (1994) at 14-15 (citing testimony about several assault weapons shootings); Cops Under Fire: Law Enforcement Officers Killed With Assault Weapons or Guns With High Capacity Magazines, Handgun Control, Inc. (now the Brady Center to Prevent Gun Violence) (1995). 21 The Officer Down Memorial Page, Inc. collects information on officers killed in the line of duty. See http://www.odmp.org/. 22 SAPD Details Monday Shooting Investigation, KSAT12-TV, San Antonio, Texas, Sept. 10, 2008. 23 Brady McCombs & Alexis Huicochea, Officer on life support after crosstown pursuit, ARIZONA DAILY STAR, June 2, 2008. 24 Joseph A. Gambardello, Liczbinski suspect’s girlfriend to stand trial, PHILADELPHIA INQUIRER, July 17, 2008; Officer shot, killed after bank robbery, NBC 10.COM, May 3, 2008; See Sergeant Stephen Liczbinski, www.odmp.org, available at: http://www.odmp.org/officer/19359-sergeant-stephen-liczbinski (last visited Sept. 30, 2008). 25 David Ovalle et. al., The murder and the manhunt started in a South Miami-Dade townhouse, zigzagged…, MIAMI HERALD, Sept. 15, 2007. 26 See Officer Frank Charles Denzinger, odmp.org, available at: http://www.odmp.org/officer/18926- officer-frank-charles-denzinger (last visited Sept. 30, 2008). 27 See, e.g., Brittany Wallman, Fort Lauderdale police to carry assault rifles in cars, SOUTH FLORIDA SUN- SENTINEL, June 4, 2008; Ronnie Garrett, Long guns on patrol: Officers find it takes more than a handgun, a badge and handcuffs to protect the public and themselves, OFFICER.COM, May 20, 2008; David C. Lipscomb, D.C. to arm police with assault rifles, WASHINGTON TIMES, May 8, 2008, ‘Arms race’ has police carrying deadlier guns: Officers armed with increasingly powerful tools, ASSOCIATED PRESS, Mar. 22, 2008; Katie Fretland, Sheriff’s office upgrades to counter criminals, ORLANDO SENTINEL, Oct. 4, 2007, 28 Kevin Johnson, Police needing heavier weapons: Chiefs cite spread of assault rifles, USA TODAY, Feb. 20, 2007. 29 Matt Sedensky, AK-47s are turning up more in U.S., ASSOCIATED PRESS, Mar. 27, 2008; Lise Fisher, Phasing in firepower, GAINSVILLE SUN, Dec. 17, 2007; Jeffrey Kofman, Increasing Assault Weapons in Criminal Hands, ABC NEWS, Nov. 27, 2007 30 Matt Sedensky, AK-47s are turning up more in U.S., supra note 29. 31 See Mike Flannery, More Assault Weapons Found in Chicago Since Ban Expired, CBS 2 CHICAGO, June 7, 2005, available at http://cbs2chicago.com/topstories/local_story_158180945.html. 32 State Attorney: Problems Posed by Haitian Gangs Growing, NBC6, June 7, 2006 available at: http://www.nbc6.net/news/9337747/detail.html. 33 Murder Also Stalks Black Men in Their 20s, MIAMI HERALD, June 25, 2006. 34 Jack Dolan, Miami Police get OK for more firepower, MIAMI HERALD, Sept. 16, 2007. 35 Matt Sedensky, Assault-weapon attacks on rise in Miami area where officer slain, ASSOCIATED PRESS, Sept. 14, 2007. 36 Jack Dolan, Miami Police get OK for more firepower, supra note 34. 37 Bruce Falconer, How Not to Buy an AK-47, MOTHER JONES, July 16, 2008. 38 Matt Sedensky, Assault-weapon attacks on rise in Miami area where officer slain, supra note 35. 39 Ryan LaFontaine, Gunman had a large arsenal, Police say Asher used AK-47, SUN HERALD, June 9, 2007. 51

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40 Ian Urbina, Fatal police station attack shocks tranquil community, NEW YORK TIMES, May 10, 2006; Officer Killed, BOSTON GLOBE, May 18, 2006. 41 Omar Sofradzija, Processions to honor Prendes, LAS VEGAS REVIEW-JOURNAL, Feb. 7, 2006. 42 Livingston County Kentucky Deputy Sheriff killed in gunfight, LMPD.COM, June 3, 2005, available at: http://www.lmpd.com/index.php?name=News&file=article&sid=291&theme=AutoPrint (last visited Sept. 30, 2008). 43 Cop, gunman dead: Marine killed after shooting officers, THE MODESTO BEE, Jan. 11, 2005 44 Assault Weapons Putting Safety in Crosshairs?, KDKA CBS 2, July 12, 2005, available at http://kdka.com/local/local_story_193165007.html. 45 Kevin Johnson, Police needing heavier weapons: Chiefs cite spread of assault rifles, USA TODAY, Feb. 20, 2007. 46 Michael Laforgia, Assault rifles escalate violence, PALM BEACH POST, Jan. 28, 2007. 47 Susan Candiotti, Cops find themselves in arms race with criminals, CNN.COM, Nov. 6, 2007. 48 Len Fooksman, Police Fearful of Violent Crime Trend: AK-47 Shootings, SOUTH FLORIDA SUN-SENTINEL, May 13, 2006. 49 Authorities seeing increase in use of assault weapons, WRAL-TV, Aug. 28, 2008. 50 Glenn Smith, Police can’t get handle on supply, POST AND COURIER, Oct. 1, 2006. 51 Evan Goodenow, AK-47-type weapons in city, police reporting: Seizures are up nationally since assault-rifle ban expired in 2004, FORT WAYNE NEWS SENTINEL, June 24, 2008. 52 Lynn Safranek, Assault rifles becoming more common in Midlands, OMAHA WORLD-HERALD, Jan. 27, 2008. 53 Vic Lee, SF cops say they’re outgunned, KGO TV 7 NEWS, Aug. 24, 2006. 54 Id. 55 Niagara, Wisconsin shooting suspect caught, THE CHICAGO TRIBUNE, Aug. 1, 2008. 56 Gunman in mass shooting identified, WVEC 13 NEWS, Mar. 20, 2008, available at: http://www.wvec.com/news/vabeach/stories/wvec_local_031908_vb_shooting.79dfc43.html (last visited Sept. 29, 2008). 57 Erin Emery, Report details church shooting, the document chronicles the days leading up to the Dec. 9 deaths of four young people, DENVER POST, Mar. 13, 2008. 58 The American Way, REGISTER-GUARD, Dec. 17, 2007. 59 Suspect: ‘follow screams’, Man opens fire at mall in Tacoma; 6 wounded, AKRON BEACON JOURNAL, Nov. 22, 2005. 60 Mall Gunman Had Columbine Fixation, an Official Says, THE NEW YORK TIMES, Feb. 15, 2005. 61 Mary Sparacello, Housing Authority reining in parties, Kenner shooting leads to regulations, NEW ORLEANS TIMES PICAYUNE, Oct. 11, 2007. 62 Tom Rybarczyk, Calumet City reels after spray of bullets, CHICAGO TRIBUNE, June 26, 2006. 63 Ashley M. Heher, Suspect in slaying of 7 family members surrenders / Indianapolis police say he had nowhere else to go, HOUSTON CHRONICLE, June 4, 2006. 64 Gov. Blagojevich, victims’ families, advocates urge lawmakers in Springfield to pass statewide assault weapons ban, US STATE NEWS, Mar. 23, 2006. 65 Charles Sheehan, Neighborhood buries another child, CHICAGO TRIBUNE, Mar. 19, 2006.

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66 Stephen Kudak & Sarah Lundy, Cops: Suspect admits killing 2 campers in Ocala forest, ORLANDO SENTINEL, Jan. 28, 2006. 67 Bill Hanna & Jack Douglas Jr., Rampage in Tyler leaves three dead, four wounded, FORT WORTH STAR- TELEGRAM, Feb. 25, 2005; Jack Douglas Jr. & Bill Hanna, Police order emergency trace on weapon used in shootings, FORT WORTH STAR-TELEGRAM, Feb. 26, 2005. 68 Ed Meyer, Police eye semiautomatic rifles, Brimfield officials want to be prepared after recent shooting rampage that killed 3 people, AKRON BEACON JOURNAL, Feb. 24, 2005. 69 Wisconsin Shooting Rampage, ST. PAUL PIONEER PRESS, Nov. 23, 2004. 70 Marianne Zawitz, Guns Used in Crime, U.S. Dep’t of Justice, Bureau of Justice Statistics 6 (1995). 71 ATF, Assault Weapons Profile supra note 7, at 19-20. 72 NIJ, Firearm Use By Offenders 2-3 (2001). 73 ATF, Assault Weapons Profile, supra note 7, at 19. 74 Dep’t of Treasury, Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles, supra note 14, at 17 75 Paul Salopek, A Chilling Look into Terror’s Lair, CHICAGO TRIBUNE, Nov. 18, 2001. 76 Complaint, United States v. Shnewer, Magistrate No. 07-M-2045 (D.N.J. 2007). 77 Indictment Details Terror Weapons Smuggling Scheme, NEW YORK SUN, March 16, 2005. 78 Press Release, U.S. Dep’t of Justice, Rockford Man Faces Federal Explosives Charges; Large Cache of Weapons, Ammunition and Explosives Materials Seized (Apr. 21, 2004). 79 Gun Land – Are guns bought in the U.S. ending up in the hands of terrorists?, NOW WITH BILL MOYERS, Nov. 15, 2002. 80 ATF: Phoenix Gun Dealer Supplied Mexican Drug Cartels, ABC NEWS, May 6, 2008. 81 U.S. guns arm Mexican drug cartels, LOS ANGELES TIMES, Aug. 11, 2008. 82 Man Accused of Shipping Arms, Ammunition to Beirut, ASSOCIATED PRESS, Nov. 21, 2000. 83 Gun Land – Are guns bought in the U.S. ending up in the hands of terrorists?, NOW WITH BILL MOYERS, supra note 79. 84 Elena Cabral, Attempt to Buy Rifles Linked to Terrorist, MIAMI HERALD, June 2, 2001. 8522-year-old Rupinder “Benny” Oberoi was shot in the lower back outside his place of work in Silver Spring, Maryland on September 14th. 52-year-old liquor store manager Claudine Parker was shot and killed as she and a coworker closed the store in Montgomery, Alabama. 45-year-old beauty supply store manager named Hong Im Ballenger was shot and killed outside a store she managed in Baton Rouge, Louisiana on September 23rd. 86 Premkumar A. Walekar of Olney, Maryland, a 54-year-old male cabdriver, was shot and killed with the Bushmaster assault rifle at a Mobil gas station in Aspen Hill, Maryland on October 3rd. 87 James L. “Sonny” Buchanan, Jr. of Abingdon, VA, a 39-year-old landscaper, was shot and killed with the Bushmaster assault rifle while mowing grass at a car dealership in White Flint, Maryland On October 3. 88 Linda Franklin, a 47-year-old FBI employee was shot and killed with the Bushmaster assault rifle while loading packages with her husband in their car in the parking garage of a Home Depot in Seven Corners Shopping Center in Fairfax County, Virginia On October 14. 89 Second Amended Complaint, Halberstam v. S.W. Daniel, Inc., No. 95-C3323 (E.D.N.Y.1998), Nov. 19, 1997.

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90 CIA Killings Prompt Scrutiny on 2 Fronts; Fairfax Loophole Expedited Gun Purchase, WASHINGTON POST, Feb. 11, 1993. 91 Robert O’Harrow, Jr. Kansi’s Shadowy Stay in U.S. Leaves a Hazy Portrait, WASHINGTON POST, Mar 3, 1993. 92 On March 21, 1989, ATF announced a temporary suspension of the importation of five assault weapons. On March 29, 1989, ATF expanded the scope of the suspension to cover all assault weapons “indistinguishable in design, appearance and function to the original five” and established a working group to decide whether to make this import ban permanent. On March 30, 1989, a gun importer challenged ATF’s authority to suspend the importation of these weapons. The Eleventh Circuit Court of Appeals upheld ATF’s authority to issue the import suspensions. Gun South, Inc. v. Brady, 877 F.2d 858 (11th Cir. 1989). ATF then issued its working group report and, pursuant to 18 U.S.C. § 925(d)(3), made the import ban permanent. ATF, Report and Recommendation of the ATF Working Group on the Importability of Certain Semiautomatic Rifles supra note 15. 93 In April 1998, ATF determined that the 1989 ban on the importation of assault rifles remained valid and expanded the import ban to include rifles with the “ability to accept a detachable large capacity military magazine” because those weapons “cannot fairly be characterized as sporting rifles.” ATF, Department of the Treasury Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles, supra note 14. 94 See ATF, Report and Recommendation of the ATF Working Group on the Importability of Certain Semiautomatic Rifles, supra note 15, at 5-8 (describing numerous military features of assault weapons). 95 Police Fear a Future of Armored Enemies, USA TODAY, Mar. 3, 1997. 96 Declaration of Leonard J. Supenski in Support of Plaintiffs’ Joint Opposition to Navegar, Inc.’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication at 8, In re 101 California Street Bldg., No. 959316 (Sup. Ct. Cal. 1996). 97 Jim Zumbo, Assault Rifles for Hunters?, available at: http://razoreye.net/mirror/zumbo/zumbo_assault_rifles.html (last visited Oct. 7, 2008). 98 District of Columbia v. Heller, 128 S.Ct. 2783 (2008). 99 The Court was careful to announce only a limited Second Amendment right that was tied to guns used for self-defense in the home. Id. at 2821-22. “[W]hatever else [the Second Amendment] leaves to future evaluation, it surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Id. at 2821. “[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table. These included the absolute prohibition of handguns held and used for self-defense in the home.” Id. at 2822. “In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.” Id. at 2821-22. 100 Id. at 55. 101 See infra p. 1, Assault Weapons are Designed to Slaughter People. 102 Those include California, which passed the nation’s first statewide ban in May 1989, as well as New Jersey (1990), Hawaii (1991), Connecticut (1993), Maryland (1994), Massachusetts (1998), and New York (2000). California expanded its ban in 2000 to include all semiautomatic rifles or pistols that have the ability to accept a detachable magazine and contain any one of a series of military-style features similar to the list found in the federal ban. CAL. PENAL CODE § 12276.1. 103 See infra p. 14, Assault Weapons Have No Sporting or Self-Defense Purpose. 104 See, e.g., Benjamin v. Bailey, 662 A.2d 1226 (Conn. 1995); Robertson v. Denver, 874 P.2d 325 (Colo. 1994); Arnold v. City of Cleveland, 616 N.E.2d (Ohio 1993). 105 Hearings Before the Committee on the Judiciary on S. 639 and S. 653, U.S. Senate, 103d Cong. 1 (Aug. 3, 1993) (statement of Hon. Joseph Biden). 54

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106 The law was intended to cover “copies or duplicates” of named firearms, 18 U.S.C. § 921(30)(A), but it was never successfully applied to ban any of the copycat weapons that emerged after the ban unless they also violated the two-features test. 107 The data available at the time of the study went up through the end of 2001. 108 The conclusions in the On Target study were similar to an analysis of assault weapons traced to crime done for United States Senators Dianne Feinstein and Charles Schumer. This analysis showed that the proportion of banned assault weapons traced to crime dropped by more than 65% while the ban was in effect, according to ATF crime gun trace data. See report released on Nov. 5, 2003, available at http://feinstein.senate.gov/03Releases/r-assaultwepsrate1.htm. 109 In addition to the Brady Center’s study, the U.S. Department of Justice, National Institute of Justice conducted a study, mandated by the Act, of the short-term impact on crime of the assault weapons ban. The study, published in 1999, found that the ban had “clear short-term effects on the gun market,” leading to semiautomatic assault weapons “becom[ing] less accessible to criminals because there was at least a short-term decrease in criminal use of the banned weapons.” Jeffrey A. Roth & Christopher S. Koper, Impacts of the 1994 Assault Weapons Ban: 1994-96 1, 9 (U.S. Dep’t of Justice, National Institute of Justice 1999) (available at http://www.ncjrs.org/pdffiles1/173405.pdf). 110 One of the principal authors of that interim study published a follow-up analysis of the effects of the federal ban in June 2004. Christopher S. Koper, Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003, U. PA. JERRY LEE CENTER OF CRIMINOLOGY, supra note 17. That study documented a dramatic reduction in the incidence of assault weapon use in crime while the ban was in effect. The study found, according to ATF data, that assault weapons, as a percentage of total crime gun traces, fell 70% from 1992-93 to 2001-02. Id. at 44. Indeed, the study found it “remarkable” that the annual number of assault weapons traced to crime did not increase during the period the ban was been in effect, even though, due to far more comprehensive tracing of crime guns by ATF, the number of total guns traced to crime increased almost 200% during that same period. Id. As the study noted, these results were consistent with the findings of the Brady Center in its On Target report, discussed above. Id. at 44, n.43. Koper’s study attributed these declines in the frequency of assault weapon use in crime to the statute itself, in contradiction to the assertions made by some commentators that the decline was due to other factors. The study found that the decline in frequency of assault weapon traces did not begin until 1994, the year of the ban, and concluded that “the ban prevent[ed] a few thousand crimes with assault weapons annually.” Id. at 52, n.61. 111 The firearms listed in this data are considered by ATF to be “crime guns,” which means they have been illegally possessed, used in a crime, or suspected of having been used in a crime. ATF, The Youth Crime Gun Interdiction Initiative, Crime Gun Trace Analysis Reports: The Illegal Youth Firearms Market in 27 Communities 5 (1999). 112 CAL. PENAL CODE § 12276.1. 113 H.R. 1022, 110th Cong. (2007). 114 See http://www.pollingreport.com/guns.htm. 115 Id. 116 Majority of U.S. adults favors continuing ban on sales of assault rifles, according to latest Harris poll, Sept. 24, 2004, available at: http://www.harrisinteractive.com/harris_poll/index.asp?PID=498 (last visited Oct. 3, 2008). 117 Survey: 8 out of 10 Illinois voters favor banning assault weapons, WBBM 780 NEWS, Chicago, IL, Mar. 22, 2007. 118 Numerous newspaper editorials and columnists are in favor of the reinstatement of an assault weapons ban. See, e.g., Our leaders are fighting to bring back the national assault weapons ban, DAILY PENNSYLVANIAN, May 29, 2008; Brian Scheid, Rendell: Reinstate weapons ban, BUCKS COUNTY COURIER TIMES, May 12, 2008; David Gambacorta, In wake of Liczbinski slaying, a push for assault-weapon ban, 55

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PHILADELPHIA DAILY NEWS, May 8, 2008; Time for action, BUCKS COUNTY COURIER TIMES, May 7, 2008; Gun Control: How many more?, PHILADELPHIA INQUIRER, May 6, 2008; Sam Wood, Cheap but deadly weapon killed police officer, PHILADELPHIA INQUIRER, May 6, 2008; Assault rifles: Cops find themselves outgunned, SALT LAKE TRIBUNE, Apr. 14, 2008; Take aim at guns, CHICAGO TRIBUNE, Mar. 12, 2008; Gun Crazy, NEW YORK TIMES, Mar. 1, 2008; Assault weapon bill is a start, at least, SOUTH FLORIDA SUN- SENTINEL, Feb. 12, 2008; Off-Target: Why are chuka sticks illegal, but not AK-47 knockoff?, SYRACUSE POST-STANDARD, Dec. 27, 2007; Mass killings demand serious debate on banning some weapons, RECORDNET.COM, Dec. 20, 2007, available at: http://www.recordnet.com/apps/pbcs.dll/article?AID=/20071220/A_OPINION01/712200308/- 1/A_OPINION (last visited Oct. 2, 2008); Ralph Fascitelli, It’s time to outlaw military assault weapons, SEATTLE POST-INTELLIGENCER, Dec. 19, 2007; Get rid of these guns – now, TIMES-HERALD, Dec. 19, 2007; Courage vs. Carnage: What Congress can do to keep the worst weapons out of the wrong hands, WASHINGTON POST, Dec. 13, 2007; The Omaha Massacre: Warning Shots, PHILADELPHIA INQUIRER, Dec. 7, 2007; Charles Rabin, Dade urges renewing assault-arms ban, MIAMI HERALD, Nov. 8, 2007; The other arms race, BALTIMORE SUN, Nov. 7, 2007; Ana Menendez, There’s no good reason to have an assault rifle, MIAMI HERALD, Sept. 16, 2007; Legislature should take aim at assault weapon horrors, CHICAGO SUN- TIMES, Jan. 10, 2007. 119 See Press Release, Brady Campaign to Prevent Gun Violence, Jim and Sarah Brady “Personally Offended” by Gun Lobby Efforts to Falsify Reagan Record (June 16, 2004) available at: http://www.bradycampaign.org/media/release.php?release=565 (quoting letter from President Reagan). 120 See Press Release, Brady Campaign to Prevent Gun Violence, Former Presidents Ford, Carter, Clinton Urge President Bush to Save the Assault Weapons Ban (June 7, 2004) available at: http://www.bradycampaign.org/media/release.php?release=569.

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Banning Assault Weapons- A Legal Primer for State and Local Action

A Publication of

I. Legal Community Against Violence ! ~ I---ex-pe-rtls-e.-Info-r-ma-tlo-n&-a-dV-OC-ac-y t -o e-nd- g-Un-Vlolence

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Banning Assault Weapons - A Legal Primer for State and Local Action

A Publication of

I . Legal Community Against Violence £'~ I---e-xp-e-rt'-se-.'-nfo-rm-a-t'-on-&-a-dY-OC-a-cy- to- e-nd- g- U-n Y-IOlence

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The views expressed in this publication are those of Legal Community Against Violence. This publication is not intended as legal advice to any person or entity, and should not be regarded as such.

April 2004 Reissued September 2004 Reprinted August 2005

Legal Community Against Violence Mailing Address: 268 Bush Street, #555 San Francisco, CA 94 I 04 Tel: 415-433-2062 Fax: 41 5-433-3357 E-mail: [email protected] Web site: www.lcav.org

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Table of Contents

Statement on the Expiration of the Federal Assault Weapon Ban ...... iii

Preface ...... •...... •....••••..•..•...... •.....•.....•.•...... ••.....••...... •..•....•.....•...... •...... v

I. Introduction: How To Use This Resource ...... 1

II. Why Ban Assault Weapons? ...... 1

III. A Brief History of Assault Weapon Regulation in the U.S ...... 3

IV. Is the Federal Assault Weapon Ban Adequate? ...... 3

V. Existing State and Local Assault Weapon Bans ...... 5 State Bans ...... 5 Local Bans ...... 6

VI. Wby Push for State and Local Action? ...... 7

VII. The Legal Background ...... 9 The Second Amendment and State Right to Bear Arms Provisions ...... 9 Preemption ...... 11 Due Process and Equal Protection ...... 13 Other Legal Challenges to Assault Weapon Bans ...... 14

VIII. How LCAV Can Help ...... 15

Appendices ...... •...... •.•...... •....• ,••...... •...... ••...... •.....•...... •...... •...... •..•••.•...... 17 Appendix A: Assault Weapon Laws in the United States ...... 19 Appendix B: Snapshot Comparison of Federal and State Assault Weapon Bans ...... 2] Appendix C: Profiles of Federal and State Assault Weapon Bans and Litigation ...... 25 Appendix D: Common Legal Challenges to Laws Banning Assault Weapons ...... 39 Appendix E: Excerpts of the Federal Assault Weapon Ban ...... 47 Appendix F: Excerpts of the California Assault Weapon Ban ...... 51 Appendix G: LCAV Model Law to Ban Assault Weapons ...... 57

Legal Community Against Violence

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Statement on the Expiration of the Federal Assault Weapon Ban

The federal assault weapon ban expired on September 13, 2004. Despite overwhelming public support for its renewal, Congress and the President allowed the I O-year old law to expire. As a result, semi-automatic, military style weapons that were formerly banned under the federal law are now legal unless banned by state or local laws.

Expiration of the ban, especially in light of the public's strong support for its renewal, is an outrage. Most Americans, including gun owners, not only favored renewal of the assault weapon ban, they supported strengthening it. Law enforcement officials across the country demanded that the law be renewed and made stronger. A recent study conducted by University of Pennsylvania researchers for the National Institute of Justice of the U.S. Department of Justice confirms the importance of strengthening federal regulation of both assault weapons and large capacity ammunition magazines:

Unfortunately, the failure to renew the federal ban highlights the tremendous political obstacles even the most commonsense gun laws face at the federal level. The Senate voted to extend the ban in March 2004. The vote arose as an amendment to a bill sought by the National Rifle Association (NRA) to provide unprecedented legal immunity to the gun industry. The NRA ultimately directed its supporters to oppose the bill - its top legislative priority - rather than risk renewal of the assault weapon ban.

Legal Community Against Violence (LCA V) will continue to work for swift restoration and strengthening of the federal law. But the inaction of Congress and the President reinforces our belief that we must build momentum for nationwide change through state and local policy reform.

In April 2004, LCA V released Banning Assault Weapons - A Legal Primer for State and Local Action as a legal roadmap for public officials and gun violence prevention activists working to ban assault weapons at the state and local level. The model law contained in the report provides a starting point for these efforts. The model defines assault weapons based on a single military feature test, bans conversion kits and large capacity ammunition magazines, and provides two options for dealing with pre-ban weapons and magazines. California's law, the most comprehensive assault weapon ban in the country, was a key source for our model, but we also incorporated the best elements of other state and local assault weapon bans. As a result, LCA V's model is stronger than any existing state or local ban, stronger even than bills introduced in the Senate and House to improve the now-expired federal ban.

The need for strong state and local gun policies is more urgent than ever. Expiration of the federal ban demonstrates that we cannot rely solely on Congress and the President. It is crucial that state and local governments implement innovative laws and policies to fill in gaps in federal law and serve as a catalyst for the nationwide policies we need.

We have reissued our report, with only minor technical revisions, to help public officials and activists to pursue this important objective. Seven states and a number oflocal communities already have assault weapon bans in place. Many more must act to keep these weapons of war off our streets.

Sue Ann L. Schiff Executive Director September 14, 2004

• Christopher S. Koper, with Daniel J. Woods & Jeffrey A. Roth, Jerry Lee Center of Criminology, University of Pennsylvania, Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, /994-2003, Report to the National Institute of Justice, U. S. Department of Justice, June 2004.

Legal Community Against Violence iii

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Preface

Most Americans favor stronger gun laws. But the history of the gun violence prevention movement shows that due to the strength of the pro-gun lobby, federal reform, even under favorable political conditions, is difficult to achieve and incremental at best. In the absence of comprehensive federal regulation, it is up to state and local governments to adopt policies to prevent gun violence. Indeed, the future ofthe gun violence prevention movement depends on building grassroots strength to achieve reform at the state and local level so that, ultimately, nationwide solutions will be more easily achievable. Strong state and local measures can address the concerns of specific communities and regions, improve community health and safety, fill gaps in federal policy, and act as a catalyst for the broader reforms our country needs.

Unfortunately, even in the case of firearms as lethal as assault weapons, Congress has not yet established a loophole-free, permanent ban to ensure that these weapons are not available for civilian use. This year, Congress is debating whether the current federal ban, which expires in September, should be renewed. The ban should not only be renewed, it should be strengthened. Yet to renew the ban as is will be an exceptionally difficult challenge.

Legal Community Against Violence (LCAV) has prepared this report to furnish advocates and public officials with the legal information they need to evaluate and pursue options at the state and local level, options that will fill the gaps in federal law and inspire our national policymakers to ban assault weapons effectively throughout the entire country. We cannot give up on Congress and must continue to advocate for stronger federal law. But we also cannot afford to wait. Too many lives are at stake.

About Legal Community Against Violence

Our Mission and Philosophy LCAV is a national public interest law center dedicated to preventing gun violence. We focus on policy reform at the state and local level, marshaling the expertise and resources of the legal community to transform America's gun policies from the grassroots up. LCA V fills a unique role as the first and only lawyers' organization in the gun violence prevention movement - and the only organization exclusively dedicated to providing legal assistance in support of gun violence prevention.

LCA V believes that commonsense laws and policies are needed to end the epidemic of gun violence in this country. Community education and action are critical to achieving meaningful gun laws and policies. Lawyers bring an essential set of skills to this challenge. By making complex legal and policy issues understandable, conducting legal research, analyzing existing and emerging policy strategies, and generating model regulations, LCA V informs and educates communities, and empowers advocates and governments to pursue effective measures that are legally defensible.

Our History and Connection to the Issue ofAssault Weapons LCA V was founded in 1993, several days after a gunman with two assault weapons and a 45 caliber semi-automatic pistol shot J4 people, fatally wounding eight of them, at 101 California Street in San Francisco. Recognizing that stronger gun laws might have prevented this massacre and potentially could prevent future tragedies, Bay Area lawyers formed LCA V.

LCA V and its supporters were directly involved in securing the passage of the federal assault weapon ban, enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. Realizing that the federal ban dealt with just some of the assault weapons being produced or imported - and did nothing about the several million assault weapons already in civilian hands - LCA V has continued to support efforts to

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strengthen assault weapon bans at the local, state and federal levels. In 1999, with the strong support of LCA V, California expanded and improved its law, making it the most comprehensive assault weapon ban in the country.

Acknowledgments

LCA V wishes to acknowledge a number of individuals from other organizations working to prevent gun violence who reviewed the report in draft form. Their comments were invaluable. We thank Eric Gorovitz of the Educational Fund to Stop Gun Violence; Kristen Rand and Tom Diaz of the Violence Policy Center; Luis Tolley of the Brady Campaign to Prevent Gun Violence united with the Million Mom March; Sue Peschin of Consumer Federation of America; Toby Hoover of the Ohio Coalition Against Gun Violence; and Thorn Mannard and Catherine Griffiths ofthe Illinois Council Against Handgun Violence. We also thank Sayre Weaver, our former Legal Director and Special Counsel, and presently Legal Director of the Educational Fund to Stop Gun Violence and Of Counsel to Richards, Watson & Gershon, for her guidance throughout the preparation of this report.

LCA V's Senior Staff Attorney Andrew Spafford is the report's primary author. Senior Staff Attorney Laura Cutilletta, also a contributor, served as primary editor. Two legal interns supported their efforts - Ben Van Houten provided indispensable research assistance and Kevin Schettig assisted in the final editing process. I also want to acknowledge the support of Juliet Leftwich, Managing Attorney, and Samuel Hoover, Staff Attorney.

We are grateful to our donors and to the foundations whose financial support enabled us to produce this report, in particular, The John D. and Catherine T. MacArthur Foundation, Richard & Rhoda Goldman Fund, The Joyce Foundation, The Renaissance Foundation, and VanLobenSelsiRembeRock Foundation.

Sue Ann L. Schiff Executive Director

April 2. 2004

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I. Introduction: How To Use This Resource

This report, Banning Assault Weapons - A Legal Primer for State and Local Action, has been created to provide elected officials, government attorneys, and gun violence prevention activists with a practical guide to the legal and policy issues surrounding the adoption and strengthening of assault weapon bans - particularly those at the state and local level. Although the report discusses the law in this area of firearms regulation, it does not offer, and is not intended to constitute, legal advice.

Instead, by examining the ongoing threat of assault weapons, the scope of existing federal, state and local bans, and the extensive legal foundation supporting such bans, this report should answer many questions about the options available in individual states and communities. LCA V encourages poJicymakers and advocates to obtain expert counsel when considering a particular law or provision, and stands ready to provide legal research, analysis, and drafting assistance to those seeking to ban assault weapons in their states and communities.

The report includes a number of appendices with valuable legal information. Appendices A-D document and summarize existing laws banning assault weapons and legal challenges to these laws, demonstrating that state and local assault weapon bans are legally viable options. Appendices E and F include excerpts of the 1994 federal ban and the current California ban. Appendix G provides a model assault weapon ban developed by LCA V.

We believe that the case for banning assault weapons is overwhelming. We hope that those of you who are concerned about the toll assault weapons have taken - and continue to take - on our society, will use this report as a tool in your efforts to bring about change.

II. Why Ban Assault Weapons?

Assault weapons are semi-automatic firearms designed with military features to allow rapid and accurate spray firing. They are not designed for "sport;" they are designed to kill humans quickly and efficiently.

Key assault weapon features include:

• The ability to accept a detachable ammunition magazine, allowing for a higher rate and duration of fire, as well as faster reloading;

• Forward haodgrips, barrel shrouds,1 and magazines protruding in front ofthe trigger, allowing the shooter to hold the firearm with two hands for greater control during rapid fire (when the muzzle of the gun can quickly get too hot to hold);

• Thumbhole stocks and pistol grips on rifles and shotguns, facilitating spray firing from the hip and permitting increased control of the firearm;

• Folding or telescoping stocks for conceal ability and mobility in combat; and

• Muzzle brakes/compensators, which help reduce recoil and muzzle movement caused by rapid fire.

I A barrel shroud is a covering attached to the barrel of a gun, or that partially or completely encircles the barrel, that allows the bearer to hold the firearm with the non-trigger hand without being burned.

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These features serve to clearly distinguish assault weapons from standard sporting firearms. Some bans on assault weapons, including the federal ban, list other military features (such as bayonet mounts and grenade launchers) that are extraneous to what makes an assault weapon so deadly in civilian hands?

Unlike machine guns - fully automatic weapons that continue to fire as long as the trigger is held down (or the ammunition is expended) - semi-automatic assault weapons fire one round of ammunition each time the trigger is pulled. However, assault weapons still can fire many rounds per second, limited only by the speed of the shooter's trigger finger. Indeed, many experts agree that semi-automatic fire is actually more accurate than automatic fire, and thus more lethal.3

In short, assault weapons are well designed to perform the military function of killing large numbers of people by making spray firing easy.

Tragically, assault weapons have been all too effective at performing this task. A recent study analyzing FBI data shows that 20% of the law enforcement officers killed in the line of duty from 1998 to 200 I were killed with an assault weapon.4 Some assault rifles are also accurate enough for use as sniper rifles, as illustrated by the D.C. area sniper shootings in October 2002. The end result is the same - more deaths and more injuries.

Mass Shootings Using Assault Weapons - A Tragic History Partial List • July 18, 1984 - San Ysidro, CA (McDonald's restaurant) - 21 killed, 19 wounded. Firearms included a 9mm UZI rifle.

• April 23, 1987 - Palm Bay, FL (shopping center) - 6 killed, 14 wounded. Ruger Mini-14. • January 17, 1989 - Stockton, CA (elementary school) - 5 children killed, 29 children and I teacher wounded. AK-47. • September 14, 1989 - Louisville, KY (printing plant) - 8 killed, 12 wounded. Fireanns included two MAC-lIs and an AK-47.

• January 25,1993 - Langley, VA (CIA Headquarters) - 2 employees killed, 3 wounded. AK-47. • February 28, 1993 - Waco, TX (Branch Davidian compound) - 4 ATF special agents killed, 16 others wounded. Firearms included 123 AR-15s, 44 AK-47s, 2 Barrett 50 caliber rifles, 2 Street Sweepers, and an unknown number ofMAC-1O and MAC-lis. • July 1, 1993 - San Francisco, CA (office building) - 8 killed, 6 wounded (one of the wounded subsequently died). Fireanns included two TEC-DC9s.

• April 20, 1999 - Columbine, CO (high school) - 13 killed, 23 wounded. Firearms included a TEC-DC9. • October 2002 - Washington, D.C. area (sniper shootings) - 10 killed, 3 wounded during a 3-week period. Bushmaster XM-15 E2S rifle (not banned under the federal assault weapon law, but banned as an assault weapon in California, Connecticut, Maryland and New Jersey).

2 See Educational Fund to Stop Gun Violence, Killing Machines - The Case for Banning Assault Weapons, Sept. 2003; Violence Policy Center, Bullet Hoses: Semiautomatic Assault Weapons - What Are They? What's So Bad About Them?, May 2003. l The National Firearms Act of 1934 regulated machine guns by imposing an excise tax and registration requirements on their manufacture and transfer. 26 U .S.c. § 5801 et seq, In 1986 Congress banned the transfer and possession of machine guns not already in lawful circulation. 18 U.S.C. § 922(0); see also 18 U.S.C. § 922(bX4). 4 Violence Policy Center, "Officer Down" - Assault Weapons and the War on Law Enforcement, May 2003.

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III. A Brief History of Assault Weapon Regulation in the U.S.

The first ban in the nation on semi-automatic assault weapons was a Los Angeles ordinance passed in February 1989. The ordinance was adopted in response to a Stockton, California schoolyard shooting in which a mentally ill individual with a criminal record used an AK-47 assault rifle to kill five children and wound 30 others. The ban prohibited the transfer and possession of assault weapons within the City of Los Angeles.5

Later that year, California became the first state to pass an assault weapon ban, prohibiting the sale of 75 types, models, and series of firearms. A Iso in 1989, during the administration of President George H.W. Bush, the federal government took its first major action to restrict the marketing of semi-automatic weapons. Using authority granted to the Secretary of the Treasury in the Gun Control Act of 1968, the Bureau of Alcohol, Tobacco and Firearms (ATF) banned the importation of more than 40 types of military-style assault rifles because they did not meet the "sporting purposes" test imposed by that law.6

In 1994, after several other states (including Hawaii, New Jersey, Connecticut and Maryland) and local governments had passed laws to ban assault weapons, Congress adopted a federal ban on the manufacture and possession of semi-automatic assault weapons. The ban included a 1O-year sunset clause and several significant loopholes.

On November 14, 1997, President Clinton directed A TF to temporarily block the importation of nearly 600,000 assault rifles that had been granted import permits and freeze pending applications to import another one million assault rifles. In April 1998, A TF determined that these weapons (covering at least 59 models of assault rifles) did not meet the "sporting purposes" test and could not, therefore, be legally imported into the country?

Since then, Massachusetts and New York have enacted assault weapon bans, while California has strengthened its ban by incorporating additional provisions that are stronger than federal law . For a listing of current federal, state and local assault weapon laws, and a comparison of existing federal and state assault weapon bans, see Appendices A and B, respectively.

IV. Is the Federal Assault Weapon Ban Adequate?

The federal assault weapon ban prohibits the manufacture, transfer and possession of semi-automatic assault weapons and the transfer and possession of large capacity ammunition feeding devices (i.e., those capable of holding more than 10 rounds of ammunition). The law bans 19 named types, models and series of assault weapons (and copies or duplicates of those weapons), and any semi-automatic firearm with at least two specified military features and the ability to accept a detachable magazine (this last criterion does not apply to shotguns).8

S City of Los Angeles Ordinance No. 164388 defined "assault weapon" to include 13 specific makes and models, and "any semiautomatic, centerfire rifle or carbine which accepts a detachable magazine of twenty rounds or more ...... 6 The Gun Control Act of 1968 included restrictions on weapons manufactured outside the United States. Under 18 U.S.C. § 925(d)(3), the import approval authority of the Secretary of the Treasury is limited to firearms and ammunition "generally recognized as particularly suitable for or readily adaptable to sporting purposes." 7 U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, Department ofthe Treasury Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles, 2-3, Apr. ]998. B 18 U.S.C. § 92 I (a)(30).

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While the federal ban was a phenomenal achievement when it was passed in 1994, it also was a victim of numerous compromises, unfortunate regulatory decisions, and, ultimately, exploitation by the gun industry. The data available indicate that the 1994 law has reduced the availability and use of assault weapons in crimes, but such data also show that the law has significant limitations:

• The generic definition of "assauIt weapon" requires each weapon to have two specified military features. In contrast, in 1989 when the administration of President George H.W. Bush blocked the importation of semi-automatic assault rifles based on the "sporting purposes" provision of the Gun Control Act of 1968, and again in 1997-98 when President Clinton took similar action, ATF used a test requiring only one specified military feature.9

• The law only bans the transfer and possession of assault weapons and large capacity ammunition feeding devices manufactured after the effective date ofthe Act (September 13, 1994). Unlike several state bans that require the registration of "grandfathered" assault weapons, the federal law has no such requirement, leaving millions of unregulated assault weapons and large capacity feeding devices on the civilian market.

• Many firearms manufacturers wasted little time redesigning their assault weapons to skirt the ban - a tactic the gun industry calls "sporterization" - either by removing a military feature without compromising the gun's ability to spray large amounts of ammunition rapidly and accurately, or by replacing suspect components with substitutes not named under federal law (but which serve similar or related functions). For example, pistol grips were sometimes swapped for thumbhole stocks, and flash suppressors were replaced with muzzle breaks or muzzle compensators. 10 Pre-Federal Ban Colt AR-15

Collapsible • stock

Flash t suppressor Magazine well for detachable high-capacity ammunition magazine Post-Federal Ban Bushmaster XM15 Carbine Assault Rifle Fixed- "tele-style"•. *.ji! stock iiiIi Muzzle t brake Pistol Grip• Detac~able ammunition t magazme Soun:e: Violence PoYcy Center The post-ban Bushmaster XM15 is an AR-15 type rifle, and thus directly comparable to the pre-ban Colt AR-15.

9 The features specified by ATF in 1989 were: folding/telescoping stocks, separate pistol grips, the ability to accept a bayonet, flash suppressors, bipods, grenade launchers, and night sights. In 1997-98, A TF added to the list the ability to accept a detachable magazine (a feature that it had considered but excluded in 1989). See U.S. Department of the Treasury. supra note 7. 10 Thumbhole stocks are already a specified military feature under the California and Connecticut bans.

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• The provision of the law banning "copies or duplicates" was intended to prevent manufacturers from re-releasing the 19 named assault weapons under new names with superficial changes. II Unfortunately, the phrase "copies or duplicates" was not defined in the statute, and ATF has not enforced the provision. As a result, despite numerous cases of manufacturers exploiting this loophole, no firearms have been banned for being a copy or duplicate. 12

• The law contains a sunset provision and will expire on September 13,2004, unless it is renewed.

Renewal ofthe federal assault weapon ban is essential- but so is strengthening the law and removing its numerous loopholes. For a profile and excerpts of the federal ban, see Appendices C and E, respectively. v. Existing State and Local Assault Weapon Bans

State Bans

Although the federal assault weapon ban applies throughout the country, states are permitted to adopt their own bans to supplement or exceed federal law .13 State bans can be broken into four basic categories based on how the provisions in the ban compare to the federal law (which is the minimum restriction in every state). The four categories are as follows:

1. States that ban most or all assault weapons, and significantly exceed federal law: California 2. States that ban many assault weapons, and exceed federal law in numerous respects: Connecticut and New Jersey 3. States that exceed federal law in some respects, but defer to federal law in others: Hawaii, Maryland and Massachusens 4. States that essentially duplicate federal law: New York

In addition, although the District of Columbia does not have a specific ban for assault weapons, its handgun ban encompasses assault pistols and its machine gun ban encompasses firearms that can discharge "[s)emiautomatically, more than 12 shots without manual reloading.,,14 Under a separate law, the District

II Of the nine assault weapon brand/types listed by manufacturer in the law, six have been remarketed in new, "sporterized" configurations. See Violence Policy Center,l/Iinois - Land of Post-Ban Assault Weapons, Mar. 2004.

12 For example, Colt simply removed the flash suppressor from the banned AR-15 "Sporter" and renamed it the "Match Target" to make the weapon post-ban compliant (the "Match Target" is now available with a muzzle brake instead of a flash suppressor). Another example is the AB-1O post-ban version of the TEC-9 and TEC-DC 9. The AB-lO removes the threaded barrel included on the TEC, but is otherwise virtual\y identical.

13 At least two states regulate assault weapons without imposing a true ban. Minnesota prohibits the possession of "semi-automatic military style assault weapons" by persons under 18 years of age, and imposes some restrictions on transfers through firearms dealers. Minn. Stat. § 624.712 et seq. Virginia limits the possession and transportation of certain semi-automatic "assault firearms" to citizens and permanent residents. Virginia also imposes a general ban on the importation, sale, possession and transfer of the "Striker 12" and semi-automatic folding stock shotguns of like kind, but does not refer to them as "assault firearms." Va. Code § 18.2-308.2 et seq.

14 D.C. Code § 7-2501.01(IOXB). For prohibitions on possession of handguns and machine guns, see D.C. Code § 7-2502.01 el seq.; on sale, see D.C. Code § 7-2505.01 et seq.; and on manufacture, see D.C. Code § 7-2504.01.

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of Columbia imposes strict tort liability on manufacturers, importers and dealers of assault weapons for all direct and consequential damages that arise from injury or death due to the discharge of an assault weapon in the District (with limited exceptions).15

While some states ban specific assault weapons by name, others use a military features test to define and ban assault weapons. Still other states combine both approaches.

California's ban is significant for several reasons. Initially, California named and banned 75 types, models and series of assault weapons, plus minor variations; required assault weapons that were lawfully owned prior to the ban to be registered; and generally prohibited the transfer of those weapons within the state. After several years, however, it became apparent that manufacturers were altering their assault weapons just enough to evade the ban. As noted above, similar problems arose with the federal ban.

California responded in 1999 by making a key improvement to its ban, applying a "one specified military feature" standard to determine which firearms qualify as assault weapons (rather than the two feature standard used in the federal ban and by several other states). By using this standard, almost all semi automatic firearms designed for rapid and accurate spray firing are barred from the civilian market. In 2002 another enhancement to the ban was adopted, requiring the California Department of Justice to conduct an annual security and safe storage inspection of every person, firm or corporation holding a permit to own or possess an assault weapon, including a reconciliation of the inventory of assault weapons. Permit holders maintaining an inventory of less than five assault weapons are generally subject to inspections only once every five years.

Other noteworthy state provisions include New Jersey's registration statute, which limits the registration option to assault firearms with a legitimate target-shooting purpose - effectively requiring almost 60 models, types and series of assault weapons to be transferred out of state, rendered inoperable, or surrendered to law enforcement. In addition, Connecticut and New Jersey prohibit the sale of assault weapon conversion kits, and Hawaii bans the manufacture, possession and transfer of all large capacity ammunition feeding devices - even those lawfully possessed before the ban.

For profiles of state assault weapon bans, and excerpts ofthe California statute, see Appendices C and F, respectively.

Local Bans

At least 17 counties, cities and villages in four states currently ban assault weapons to some degree. Among the local bans are those in:

• Chicago, Cicero and Cook County, Illinois (which each name and ban at least 59 types, models and series of weapons); • Cleveland, Ohio (which bans most semi-automatic firearms that accept detachable large capacity ammunition magazines); and • New York, New York (which bans semi-automatic rifles/shotguns if they have one or more specified military features, and which separately regulates, but does not ban, assault pistols under an ordinance applicable to all handguns).

For citations to these and other local assault weapon bans and regulations, see Appendix A.

IS D.C. Code §§ 7-2551.01-03.

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VI. Why Push for State and Local Action?

There are many reasons to adopt state and local assault weapon bans. As discussed below, such bans can close loopholes in the federal law, protect the public if the federal law expires, and build momentum for a stronger federal ban. In addition, public support for assault weapon bans makes passage of effective state and local laws a realistic option.

The federal assault weapon ban may expire, resulting in an increase in crime. If Congress and the President do not act before September 13, 2004, the federal assault weapon ban will expire. In the year before the 1994 federal ban went into effect, over 200,000 assault weapons were manufactured. 16 A similar flood of assault weapons is sure to resume if the federal ban expires.

Despite its shortcomings, the federal ban has been effective at reducing crime. There are approximately 2 million assault weapons (as defined under federal law) in circulation in the United States. I? Although this figure represents only about 1% of the 200 million firearms estimated to be in civilian hands, assault weapons constituted between 8% and 6.8% of all firearm traces - often referred to as crime gun tracing - requested by law enforcement in 1993. 18 Since the federal assault weapon ban went into effect, the percentage of crime gun traces involving assault weapons has dropped dramatically; between 1993 and 2001, the drop was 79% for assault weapons named in the federal ban, and 58% when both named assault weapons and copies or duplicates of those weapons were counted. 19

In light of the sharp reduction in crime gun traces involving federally-defined assault weapons, it seems clear that the federal ban has sharply reduced the use of these once popular crime guns. State and local goverrunents that pass their own bans establish a level of protection for their citizens regardless of what happens federally.

State and local bans can close loopholes. Even if the federal ban is renewed, more can and must be done. Studies show that:

• Twenty percent of the 211 law enforcement officers killed in the line of duty from 1998 to 2001 were killed with an assault weapon?O Loopholes in the federal ban leave many assault weapons unregulated, creating a threat to the lives of law enforcement officers. State and local bans can help address this serious issue.

16 Jeffrey A. Roth & Christopher S. Koper, The Urban Institute, Impact Evaluation ofthe Public Safety and Recreational Firearms Use Protection Act of 1994,3,48, Mar. 13, 1997. 17 U.S. Department of Justice, Bureau of Justice Statistics, Guns Used in Crime, 6, July 1995. II Id.; Roth & Koper, supra note 16, at 60-63. "Gun tracing" refers to the tracking of firearms to their original point of sale to assist law enforcement in identifying suspects, providing evidence for prosecution, establishing stolen status and proving ownership. 19 Brady Center to Prevent Gun Violence, On Target: The Impact ofthe /994 Federal Assault Weapons Act, Mar. 2004. By averaging tracing data for the pre-ban period (1990-1994) and the post-ban period (1995 and after), the Brady report cites more conservative figures of 66% and 45%, respectively. See also Letter from William E. Moschella, Assistant U.S. Attorney General, to Dianne Feinstein, U.S. Senator (Sept. 15,2003) (on file with LCA V). 20 Violence Policy Center, supra note 4.

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• In an analysis of firearm homicides in Milwaukee County, Wisconsin between 1992 and 1995,5.4% of the 149 guns used in 418 gun murders were assault weapons, even though assault weapons only made up about I % of the firearms in circulation nationwide.21

• Researchers evaluating the 1994 Maryland assault pistol ban found that during the first six months of 1995, the Baltimore City Police Department recovered 55% fewer assault weapons than would have been expected ifno ban had been in place.22

• Prior to the passage of the 1989 California assault weapon ban, young adults in California with a criminal history (but whose crimes did not make them prohibited purchasers under federal or state law) were twice as likely to purchase an assault-type handgun as those without such a history. Such young adults were also 1.5 times more likely than other handgun purchasers to be charged with subsequent offenses in the three years following the purchase. Purchasers of assault-type handguns who had a history of violent crime were 2.3 times more likely to have subsequent criminal offenses and 3.0 times as likely to have subsequent firearm or violent offenses.23

Assault weapon bans have strong public support. The public, including a majority of gun owners, overwhelmingly supports banning assault weapons. Recent polls show that: • 77 percent of likely 2004 presidential election voters support renewal of the federal assault weapon ban, while only 21% oppose renewal.24

• 66 percent of gun owners who are likely 2004 presidential election voters support renewal of the federal assault weapon ban, while only 30% oppose renewal.2S

• 6S percent of Americans favor strengthening the federal assault weapon ban, including 51 % of gun owners.26

• 67 percent of Field & Stream readers do not consider assault weapons to be legitimate sporting guns.27

State and local action can be a catalyst for national reform. State and local action can have a powerful influence on federal policy. Assault weapon bans adopted at the state and local level can be more rigorous than the federal regulations, serving as models for what federal law should be. In adopting regulations that are stronger than the federal ban, state and local governments build momentum for national reform and demonstrate, even more clearly than polling data, that there is a real base of support for effective regulation of these weapons.

21 Roth & Koper, supra note 16 at 96. 22 Douglas S. Wei! & Rebecca C. Knox, The Maryland Ban on the Sale ojAssault Pistols and High-Capacity Magazines: Estimating the Impact in Baltimore, 82 Am. J. Pub. Health 297, Feb. 1997.

23 Garen J. Wintemute et aI., Criminal Activity and Assault-Type Handguns: A Study oj Young Adults. 32 Annals of Emergency Med. 44. July 1998. 24 Americans for Gun Safety, Taking Back the Second Amendment: A Seven-Step Blueprint jar Democrats to Promote Responsibility and Win the Gun Vote, 7, Oct. 2003 (citing a national poll of 802 likely 2004 presidential election voters conducted by Penn Schoen & Berland from October 1-6,2003, with a +1-3.46% margin of error). 251d.

26 Consumer Federation of America, Consumers Strongly Support Renewing and Strengthening the Federal Assault Weapons Ban, Feb. 2004 (citing a national survey of more than 1,000 adult Americans conducted by Opinion Research Corporation International from February 18-22, 2004, with a +1-3% margin of error). 27 Field & Stream, The 2001 National Hunting Survey, July 2003 (citing an informal survey of2.897 readers).

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VII. The Legal Background

There are a number ofjudicial opinions analyzing the legality of assault weapon bans now in effect at the federal, state and local levels. The legal challenges against these bans have included alleged violations of the Second Amendment or a state right to bear arms, preemption by federal or state law, and denial of due process or equal protection. No federal or With minor exceptions, none of these challenges has been successful. No federal or state assault state assault weapon ban has ever been overturned by the courts, and only one local weapon ban jurisdiction (Columbus, Ohio) has had its ban struck down on substantive has ever been 28 grounds. overturned by the courts. These legal issues are summarized below, along with a list ofless common (and thus far, unsuccessful) challenges.

The Second Amendment and State Right to Bear Arms Provisions

The Second Amendment

The Second Amendment to the U.S. Constitution states, "A well regulated Militia, being necessary to the security ofa free State, the right of the people to keep and bear Arms, shall not be infringed."

The U.S. Supreme Court addressed the scope of the Second Amendment in United States v. Miller, 307 U.S. 174 (1939). In that case, the Court rejected a Second Amendment challenge brought by two individuals charged with violating a federal law prohibiting the interstate transportation of sawed-off shotguns. The Court held that the "obvious purpose" of the Amendment is to "assure the continuation and render possible the effectiveness" of the state militia, and the Amendment "must be interpreted and applied with that end in view." ld. at 178. The Second Amendment is Since Miller, the scope of the Second Amendment has been addressed in nearly not a barrier to 200 federal and state appellate cases. These decisions uniformly reject Second federal, state or Amendment challenges to firearms laws. The U.S. Supreme Court has had local assault numerous opportunities to review these lower court decisions and has consistently weapon bans. refused to do so.

The federal assault weapon ban has never been challenged on Second Amendment grounds. Every Second Amendment challenge to state and local assault weapon bans has been rejected.29 In fact, following decisions

28 For discussion of the Columbus, Ohio ordinance, see infra p. 13. In three other instances, one involving a state ban and two involving local bans, courts have invalidated specific provisions while upholding the core of the assault weapon ban. See Silveira v. Lockyer, 312 F.3d 1052, 1087-92 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (2003), invalidating one of the exceptions in the 1999 amendment to California's law; Robertson v. City & County of Denver, 874 P.2d 325, 334-35 (Colo. 1994), appeal after remand, 978 P.2d 156 (Colo. Ct. App. 1999), striking down several minor parts of the definition of assault weapons in a Denver, Colorado ordinance; Citizens for a Safer Community v. City of Rochester, 627 N,Y.S.2d 193,203·5 (N.Y. Gen. Term 1994), invalidating a portion of the definition of assault weapons in a Rochester, New York ordinance. 29 See Silveira, 312 F.3d at 1087·92; Peoples Rights Organization v. City o/Columbus, 152 F.3d 522, 531-32 (6th Cir. 1998); Citizensfor a Safer Community, 627 N.Y.S.2d at 203·5.

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by the U.S. Supreme Court, lower courts considering challenges to state and local gun laws have held that the Second Amendment constrains only the federal government, and not actions by state or local governments.30

State Right to Bear Arms Provisions

No court has ever struck down a state or local ban on assault weapons based on a No court has 3 state right to bear arms provision. ) The constitutions of most states recognize a struck down right to bear arms. Unlike the Second Amendment, many of these state provisions a state or local specifically recognize an individual right to bear arms or have been interpreted by ban on assault the courts to protect an individual right. However, every state court that has weapons for considered a state right to bear arms challenge to a firearms law has determined that violating a the right at issue is not absolute.32 state right to bear arms. Courts have considered and rejected state right to bear arms challenges to state and local assault weapon bans in Colorado, Connecticut, Illinois, Ohio and Oregon.33 In each challenge, the courts used a reasonableness test in determining that the law at issue did not violate the state right to bear arms. For example, the Ohio Supreme Court upheld a Cleveland assault weapon ban as a reasonable regulation designed to promote the welfare and safety of its residents.34

Nearly every state with a right to bear arms clause in its constitution, or a similar statutory provision, uses a reasonableness test to determine States with no right to bear arms whether a state or local law California Iowa Maryland violates this right?' Minnesota New Jersey See LCA V's web site, The District of Columbia also has no right to bear arms provision www.1cav.org, for state-by-state States with a right to bear arms only for militia service information on right to bear arms provisions and related case law. Rhode Island Kansas Massachusetts New Yorl<

30 Prior to Miller, the Supreme Court held that the Second Amendment is a limitation upon the power of Congress and not upon that of the states. See Miller v. Texas, 153 U.S. 535, 538 (1894); Presser v.lIlinois, 116 U.S. 252, 265 (1886); United States v. Cruikshank, 92 U.S. 542, 553 (1875). Federal appellate courts continue to reiterate this position. See Love v. Pepersack, 47 F.3d 120, 123-24 (4th Cir. 1995), cert. denied, 516 U.S. 813 (1995); Fresno Rifle & Pistol CII/b, Inc. v. Van De Kamp, 965 F.2d 723, 729-31 (9th Cir. 1992); Quilici v. Village 0/ Morton Grove, 695 F.2d 261, 270-71 (7th Cir. 1982), cert. denied, 464 U.S. 863 (1983). 31 In Ortiz v. Commonwealth, 681 A.2d 152, 156 (Pa. 1996), the Pennsylvania Supreme Court found that assault weapon bans in Philadelphia County and the City of Pittsburgh were preempted by 18 Pa. Cons. Stat. § 6120. Although the court referenced the state's right to bear arms provision (Pa. Const. Art. 1, § 21), the reference was only for the purpose of upholding the preemption statute. 32 Sayre Weaver, State Right to Bear Arms Provisions: What They Tell Us About Legal Challenges to Gun Regulations Based on an Individual Right to Bear Arms (/0 2003 by Sayre Weaver) (on file with the author). J3 See Robertson v. City and County o/Denver. 874 P.2d 325, 334-35 (Colo. Ct. App. 1994); Benjamin v. Bailey, 662 A.2d 1226, 1230-35 (Conn. 1995); City a/Chicago v. Taylor, 774 N.E.2d 22, 28-29 (III. App. Ct. 2002); Arnold v. City a/Cleveland, 616 N.E.2d 163, 166-73 (Ohio 1993); Oregon Slate Shooting Ass'n v. MI/ltnomah County, 858 P.2d 1315, 1318-22 (Or. Ct. App. 1993). Although the Colorado and Oregon Legislatures subsequently adopted broad preemption statutes that prohibited many local firearms regulations, including bans on assault weapons, these statutes did not alter the scope of the states' right to bear arms clauses. 34 See Arnold, 616 N.E.2d at 171-73. 35 Weaver, supra note 32. Note that Alaska and New Hampshire state courts apply a higher standard than the reasonableness test to firearms laws challenged under the right to bear arms clauses in their state constitutions. [d.

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Preemption

"Preemption" occurs when a higher level of government removes the regulatory power of a lower level of government. State and local laws are sometimes challenged on the ground that the federal government has preempted state (and thus local) regulation ofthe subject matter. Similarly, local laws are sometimes challenged on the ground that the state has preempted local regulation of the subject matter.

In the context of banning assault weapons, it is important to note: • Federal law does not preempt state and local bans on assault weapons. • States differ considerably in how and to what extent they preempt local assault weapon bans.

Preemption is a complex legal doctrine. Federal and state preemption must be considered separately and are discussed separately below.

Federal Preemption

Under the Supremacy Clause in Article VI of the U.S. Constitution, a federal law is binding on all state and local governments so long as Congress duly enacted the law pursuant to one of its limited powers. In some cases, federal law removes state authority (and thus local authority) to regulate a specific subject matter. This process is called "federal preemption."

Often, Congress will make its intention to preempt an area of state law clear by Federal law expressly stating its intent in the language of a statute. Absent such a statement, does not courts presume that there is no federal preemption unless they can be "absolutely certain" that Congress intended to preempt the field of regulation.36 If a court is preempt state "absolutely certain" that there is a pervasive scheme offederallegislation that and local bans leaves no room for state regulation of the particular subject, or an irreconcilable on assault conflict exists between the federal regulation and the challenged law, the court wiJI weapons. find that the federal law preempts the state law.37

Congress has made no express statement of its intent to take over the broad field of firearms regulation. Courts have held that congressional re~ulation of firearms does not create a scheme so pervasive that it leaves no room for state and local law. 8 Thus, absent a specific, irreconcilable conflict between a challenged state or local firearms law and a federal enactment, there is no federal preemption of that state or local law.

State Preemption

"State preemption" refers to a state's removal of a local government's power to regulate a specific subject matter. The existence and degree of state preemption of local firearms regulation varies widely.

As with federal preemption, states preempt local laws by adopting constitutional provisions or statutes that expressly remove the authority of local governments to regulate in certain areas. In the absence of such an express declaration, some state courts will determine whether the legislature has implied an intent to preempt. In general, courts will find that a local law is preempted if it conflicts directly with state law by

36 Gregory v. Ashcroft. 501 U.S. 452,464 (1991). 37 See Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947). See also Richmond Boro Gun Club, Inc. v. City of New York, 896 F. Supp. 276, 285-86 (E.D.N.Y. 1995), aff'd, 97 F.3d 681 (2d Cir. 1996). 38 See Richmond, 896 F. Supp. at 285.

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States differ requiring what the state law prohibits, or prohibiting what state law requires. In addition, when a comprehensive scheme of state regulation exists on a particular considerably in subject matter, many state courts find that the state legislature thereby indicated how and to what an implied intent to assert exclusive authority over that subject matter. extent they preempt local LCA V encourages public officials and activists interested in pursuing local bans bans on assault on assault weapons to contact us for assistance in understanding the preemption weapons. law in their state. See also LCA V's web site, www.lcav.org. for state-by-state information on state preemption of local law.

In this report, solely as general background, we have divided the states into three basic categories as a starting point for considering what legislative options might be available to local communities across the country.

1. States with no provision or statute expressly preempting local regulation of firearms Connecticut, Hawaii, Illinois, Kansas, Massachusetts, New Jersey, and New York

In these seven states, local governments have broad authority to regulate firearms.

• LCA V has identified local assault weapon laws in four of these states. None of these ordinances has been invalidated because of preemption. • In two of these states - Illinois and New York - state courts have reviewed and upheld local ordinances banning assault weapons. • Five of these states - Connecticut, Hawaii, Massachusetts, New Jersey, and New York - have enacted statutes banning assault weapons. In adopting its statute, the New York Legislature provided that nothing in the state law is intended to prohibit local governments from enacting or maintaining stricter local assault weapon laws. In the other four states, the local assault weapon laws have not been challenged on preemption grounds.

Unlike states, the District of Columbia receives its legislative authority from Congress, which has given the District broad regulatory power over all aspects of firearms. As noted previously, the District of Columbia bans the possession, sale and manufacture of handguns and machine guns under provisions which encompass assault pistols and certain other assault weapons, and separately imposes strict tort liability on manufacturers, importers and dealers of assault weapons discharged in the District.

2. States with provisions expressly preempting local regulation of one or more aspects of firearms but otherwise permitting broad regulation of firearms at the local level Alaska, California, Nebraska. and Ohio

In these four states, local governments retain authority to regulate firearms, but the state legislature has expressly removed this authority in certain areas.

• None of these states has expressly preempted local assault weapon bans, but a local ban would require careful drafting to ensure that it did not conflict with existing preemption provisions. • In Ohio, local bans are in effect in several communities. None of these ordinances has been challenged on preemption grounds. • California has enacted a strong and comprehensive statute banning assault weapons. California courts have not evaluated whether the existence of the state law implies an intent to preempt local regulation of assault weapons.

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3. States that have enacted broad preemption statutes

In the remaining 39 states, local governments possess limited authority to regulate firearms. The preemption statutes in these states vary, but each one expressly preempts all, or substantially all, aspects of local firearms regulation. In many of these states there are statutory exceptions, although none of the exceptions expressly allows a local ban on assault weapons. In some states, local bans on assault weapons, adopted prior to the enactment of a preemption statute, are grandfathered under the terms of the statute and continue in effect. Even iflocal bans on assault weapons are preempted, LCA V is available to assist public officials and activists in evaluating other potential local strategies to prevent gun violence.

Due Process and Equal Protection

Due Process under the Fifth and Fourteenth Amendments

The Due Process Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution provide that no person shall be deprived of "life, liberty, or property, without due process oflaw ...." A law failing to give a person of ordinary intelligence a reasonable opportunity to know what is prohibited, or that fails to provide explicit standards for those who apply the law, violates due process under the federal constitution. As the U.S. Supreme Court explained in Grayned v. City o/Rockford, 408 U.S. 104, 108 (1972), "[i]t is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined." Note, however, that clearly written laws also can violate due process when they are overbroad, impinging on constitutionally protected conduct. ld. at 114-15.

Most courts have rejected due process challenges to assault weapon bans under the U.S. Constitution and analogous state constitutional provisions.39 However, in 1994, the Sixth Circuit Court of Appeals (which covers Kentucky, Michigan, Ohio and Tennessee) overturned a Columbus, Ohio assault weapon ordinance on the ground that its attempt to ban 46 makes and models of assault weapons was unconstitutionally vague under the Due Process Clause of the Fourteenth Amendment.4o The court observed that the vagueness problems were "not difficult to remedy," noting approaches that "provide a general definition of the type of weapon banned," rather than naming makes and models.41

In response to the 1994 decision, Columbus drafted a new ordinance using a general definition of assault 42 weapons similar to other Ohio local bans that had been upheld by the Ohio state COurts. This ordinance also was overturned by the Sixth Circuit on the ground that it was unconstitutionally vague.43 No other court has followed the Sixth Circuit's reasoning, and a subsequent Sixth Circuit decision upholding the federal assault weapon ban's list of prohibited weapons against a similar challenge may have undermined the 1994 ruling.44

39 See Kasler v. Lockyer,2 P.3d 581,597-600 (Cal. 2000); Benjamin v. Bailey, 662 A.2d 1226, 1240-42 (Conn. 1995); Coalition 0/ N.J. Sportsmen v. Whitman, 44 F. Supp. 2d 666, 675-84 (D. N.J. 1999), aff'd263 F.3d 157 (3d Cir. 2001). 40 Springfield Armory v. City o/Columbus, 29 F.3d 250, 252-53 (6th Cir. 1994). In particular, the court objected to "similar assault weapons of the same type, function or capability" not being banned, and to terms such as "[firearms) with the same action design" and "slight modifications or enhancements" not being defined in the ordinance. The court also noted the lack of a statement of purpose explaining the City'S reasoning behind the provisions. 41 Id. at 253. 42 See Arnoldv. City o/Cleveland, 616 N.E.2d 163 (Ohio 1993); City o/Cincinnati v. Langan, 640 N.E.2d 163 (Ohio Ct. App. 1994). 43 Peoples Rights Organization v. City o/Columbus, 152 F.3d 522,535-39 (6th Cir. 1998). The court determined that the following phrases were unconstitutionally vague: "[any semiautomatic action, center fire rifle or carbine) that accepts a detachable magazine with a capacity of20 rounds or more," "may be restored," and "may be readily assembled." 44 Olympic Arms v. Buckles, 301 F.3d 384 (6th Cir. 2002). See also Coalition 0/ N.J. Sportsmen, 44 F. Supp. 2d at 675-84, which rejected the Sixth Circuit's approach.

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Equal Protection under the Fifth and Fourteenth Amendments

The Fourteenth Amendment provides that no state shal1 "deny to any person within its jurisdiction, the equal protection of the laws." The federal government is similarly limited by the Fifth Amendment. However, when a law makes a classification neither "involving fundamental rights nor proceeding along suspect lines," the law will withstand constitutional scrutiny so long as it bears a rational relationship to a legitimate governmental interest.4s

As with due process claims, most courts have rejected equal protection chal1enges to assault weapon bans under the U.S. Constitution and analogous state constitutional provisions.46 When equal protection challenges have been upheld, they have addressed only certain provisions, not the entire law. For example, in Silveira v. Lockyer, the Ninth Circuit struck down an exception to the California assault weapon ban for retired peace officers, noting that retired officers had no reasonable need for such weapons. 47 The effect of this decision, which upheld the rest of the law, was actually to broaden the scope of California's assault weapon ban.

In Peoples Rights Organization v. City ofColumbus, the Sixth Circuit struck down a grandfather clause for certain pre-ban assault weapons, and part of another grandfather clause for certain pre-ban large capacity magazines, finding no rational basis to justify the provisions' different treatment of individuals who registered firearms under a former ordinance and persons who did not do SO.41 (As noted above, the court overturned the remainder of the ordinance on vagueness grounds.) In most instances, careful drafting Finally, in Citizens for a Safer Community v. City ofRochester, the New York Court can avoid of Appeals upheld the ordinance's ban of assault weapons based on a definition of generic features but struck down the listing of specific assault weapon models because successful identical firearms made by different manufacturers would be treated differently.49 challenges for denial of due LCA V believes that in most instances, successfu1 due process and equal protection process and challenges can be avoided through careful drafting. equal protection.

Other Legal Challenges To Assault Weapon Bans

Other challenges to assault weapon bans include those based on the First Amendment'S freedom of speech and assembly provisions, the Fifth Amendment's Takings Clause (private property shall not be taken for public use without just compensation), the right to privacy, the separation of powers, and the prohibition against bills of attainder (laws that legislatively determine guilt and inflict punishment upon an identifiable individual without judicial trial). None of these challenges has been successful.

For additional information on common legal chal1enges to laws banning assault weapons, see Appendix D. Also see Appendix C, which summarizes legal challenges to federal and state assault weapon bans.

45 Hellerv. Doe, 509 U.S. 312, 320 (1993), see also Schweiker v. Wilson, 450 U.S. 221,230 (1981). Classifications along "suspect lines" can include a suspect class (e.g., race) or quasi-suspect class (e.g., gender), see. e.g., Lavia v. Pennsylvania, 224 F.3d 190,200 (3d Cir. 2000). 46 See Olympic Arms v. BuclcJes, 301 F.3d 384 (6th Cir. 2002); Kasler v. Lockyer, 2 P.3d 581, 584-92 (Cal. 2000); Benjamin v. Bailey, 662 A.2d 1226, 1235-39 (Conn. 1995); Coalition o!N.J Sportsmen, 44 F. Supp. 2d at 684-87. 47 Silveira v. Lockyer. 312 F.3d 1052, 1087-92 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (2003). 48 Peoples Rights Organization, 152 F.3d at 531-533. 49 Citizens!oraSa!erCommunityv. Cityo!Rochester, 627N.Y.S.2d 193, 203-5 (N.Y. Gen. Term 1994). Most jurisdictions appear to have avoided this issue by including a provision that prohibits "copies or duplicates" of the listed weapons.

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VIII. How LCA V Can Help

Assault weapons are a lethal threat to every community and should be banned from civilian use. Strong local and state laws are needed to supplement the present federal law - and to replace it if it is not renewed before its September 13,2004 sunset date. There is widespread public support for banning assault weapons, and with careful drafting, such measures should withstand legal challenge.

Public officials and advocates need not wait for Congress to act. State and local governments can and should take advantage oflegal options that will limit access to assault weapons in their communities.

For a model assault weapon ban that can serve as a starting point for state or local legislation, see Appendix G.

LeAv is available to help public officials and advocates develop effective, legally defensible assault weapon laws. We can review regulatory options, and assist with the research, analysis and drafting of such laws. Please contact us at 415-433-2062, or via e-mail at [email protected].

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Appendices

Appendix A Assault Weapon Laws in the United States

Appendix B Snapshot Comparison of Federal and State Assault Weapon Bans

Appendix C Profiles of Federal and State Assault Weapon Bans and Litigation

Appendix D Common Legal Challenges to Laws Banning Assault Weapons

AppendixE Excerpts of the Federal Assault Weapon Ban

AppendixF Excerpts of the California Assault Weapon Ban

Appendix G LCAV Model Law to Ban Assault Weapons

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Appendix A

Assault Weapon Laws in the United States

This Appendix is part of the report, Banning Assault Weapons - A Legal Primer for State and Local Action, a publication of Legal Community Against Violence.

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Assault Weapon Laws in the United States

Below is a list of the major assault weapon bans and regulations at the federal and state levels, known local ordinances banning assault weapons, and citations for each.

Federal Ban 18 U.S.C. § 921 et seq.

State Bans California Cal. Penal Code § 12275 et seq. Connecticut Conn. Gen. Stat. § 53-202a el seq. Hawaii Haw. Rev. Stat. § 134 et seq. Maryland Md. Public Safety Code § 5-101 el seq. and Crim. Law § 4-301 et seq. Massachusetts Mass. Gen. Laws ch. 140, § 121 el seq. New Jersey N.J. Rev. Stat. § 2C:39-1 et seq. New York N.Y. Penal Law § 265.00 et seq.

State Regulations'O Minnesota Minn. Stat. § 624.712 el seq. Virginia Va. Code § 18.2-308.2 et seq.

District of Columbia D.C. Code § 7-2551.01 et seq.

Local Bans (sorted by state) Indiana Ohio East Chicago § 9.28.080 Cleveland § 628.01 et seq. Gary § 135.03 Cincinnati § 708-37 Dayton § 138.24 et seq. Illinois'· Dublin § 137.08 Aurora § 29-49 Toledo § 549.23 Chicago §§ 8-20-030 and 8-24-025 Cicero § 62-256 et seq. New York Cook County Ord.99-0-27 Albany § 193-15etseq. Niles §§ 66-234 and 235 Buffalo § 180-1 OakPark § 27-1-1 et seq. New York City § 10-301 et seq. Rochester § 47-5 Local Regulations (sorted by state) Kansas Massachusetts Wichita § 5.88.015 Boston § 18-1.1(l6A)

'0 Minnesota prohibits the possession of "semi-automatic military style assault weapons" by persons under 18 years of age, and imposes some restrictions on transfers through firearms dealers. Minn. Stat. § 624.712 et seq. Virginia limits the possession and transportation of certain semi-automatic "assault firearms" to citizens and permanent residents. Va. Code § 18 .2-308.2 et seq. Virginia also imposes a general ban on the importation, sale, possession and transfer ofthe "Striker 12" and semi-automatic folding stock shotguns of like kind, but does not refer to them as "assault firearms." ld. The District of Columbia imposes strict tort liability on manufacturers, importers and dealers arising from injury or death due to the discharge of an assault weapon in the District. D.C. Code § 7-2551.01 et seq. In addition, although the District of Columbia does not have a specific ban for assault weapons, its handgun ban encompasses assault pistols and its machine gun ban encompasses firearms that can discharge "[s]emiautomatically, more than 12 shots without manual reloading." D.C. Code § 7·2501.01(10)(8). See also D.C. Code §§ 7·2502.01 et seq. (prohibiting possession of handguns and machine guns), 7-2505.01 et seq. (prohibiting sale), and 7-2504.01 (prohibiting manufacture). ,. More than a dozen Illinois communities also ban the sale and/or possession of handguns.

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Appendix B

Snapshot Comparison of Federal and State Assault Weapon Bans

This Appendix is part of the report, Banning Assault Weapons - A Legal Primer for State and Local Action, a publication of Legal Community Against Violence.

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Snapshot Comparison of Federal and State Assault Weapon Bans*

List ofbanned Treatment of assault weapon Treatment of Generic A W features Other weapons post-ban (AW) types, models. pre-ban weapons weapons and series Firearms wi any 2 Grandfathered: Possession, 19 AWtypes, features and can accept AWslawfully transfer and Federal·· models and series a detachable magazine None possessed on ban's manufacture of are named (latter does not apply effective date. A Ws prohibited to shotguns) No registration Rifles and pistols: CA Attorney Grandfathered: any 1 feature and can General may Possession, A Ws possessed 75 AWtypes, accept a detachable petition court to transfer and prior to ban's California·· models and series magazine. Shotguns: 2 add to the list of manufacture of effective date and are named features, or can accept prohibited A Ws prohibited registered within a detachable magazine weapons limited time or revolving cylinder Grandfathered: Possession, namedAWs 67 AW types, Conversion kits transfer and possessed prior to Connecticut·· models and series Uses federal definition prohibited manufacture of ban's effective are named A Ws prohibited date and registered within limited time Grandfathered: Possession, assault pistols Uses federal transfer and possessed and Hawaii None definition- None manufacture of registered pistols only assault pistols prior to ban's prohibited effective date Grandfathered: 66 AW types, Possession and assault pistols 17 "assault pistol" models and series transfer of possessed prior to Maryland types, models None are named assault pisto Is ban's effective and series are and regulated but prohibited date and registered named not banned within limited time

Grandfathered: "Large Capacity 19 AWtypes, Possession and A Ws possessed Weapons" are Massachusetts models and series Uses federal defmition transfer of A Ws prior to ban's regulated but are named prohibited effective date. not banned"· No registration

Knowing Grandfathered: Fixed magazine rifles: possession, as some AWs 63 AW types, > 15 rounds. Shotguns: Conversion kits well as transfer purchased prior to New Jersey·· models and series any I feature. Pistols: prohibited and manu- ban's effective are named no generic feature facture, of A Ws date and registered definition prohibited within limited time Grandfathered: Possession, AWsmanu- 19 AW types, transfer and factured prior to New York models and series Uses federal definition None manufacture of federal ban's are named A Ws prohibited effective date. No registration • Almost all firearms referenced are semi-automatic (exceptions include revolving cylinder shotguns) . •• Challenged in the courts and upheld. ... Firearms that have a fixed, or can accept a detachable. large capacity feeding device, and certain rotating cylinder firearms are regulated but 1101 banned.

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Is the Is the transfer of possession Large Capacity grandfathered ofgrandfathered Magazines (LCM)- Magazine Penalties for Other restrictions weapons allowed? weapons possession & grandfather;ng? manufacture! allowed? transfer possession/transfer

Transfer and Up to 5 years Allowed Allowed Prohibited possession allowed None imprisonment for magazines (and a fine)

Generally Possession Limits on places CA DOJ has right prohibited within Possession allowed, allowed, no Up to inspect the to 8 years the state to possess transfer prohibited transfer after ban's storage imprisonment effective date of A Ws

Generally prohibited within Limits on places Must report theft Up to 10 years the state (named to Allowed N/A possess within 72 hours weapons only) imprisonment

Generally prohibited within , Allowed Prohibited No None Up to 5 years the sIBte imprisonment

Up to 3 years Generally Possession allowed, Allowed imprisonment (and prohibited transfer prohibited Possession allowed None a maximum fine of $5 ,000)

Transfer and Allowed, but an possession allowed Up to 15 years owners' permit! Allowed Prohibited for magazines imprisonment (and license is None possessed a maximum required fine as of ban's of$15,000) effective date Possession allowed Allowed, but wI a registered A W Civil liability for License required an owners' if the owner unless LCM is used Up to 4 years for sale license is No weapon is stolen in competitive imprisonment required shooting. Transfer and reported w/in prohibited 24 hours

Transfer and Allowed Allowed Up Prohibited possession allowed None to 7 years for magazines imprisonment

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Appendix C

Profiles of Federal and State Assault Weapon Bans and Litigation

This Appendix is part of the report, Banning Assault Weapons - A Legal Primer for State and Local Action. a publication of Legal Community Against Violence.

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Profiles of Federal and State Assault Weapon Bans and Litigation

The following profiles provide a brief overview of current assault weapon bans, focusing on the major provisions of each law and the holdings of relevant legal challenges. Some exceptions and minor provisions are not covered in these profiles (for example, exclusion of22 caliber tube ammunition feeding devices from bans on large capacity ammunition feeding devices).

Exceptions to assault weapon bans which are generally not summarized in the profiles include those for: Antique firearms (those made before 1899); Law enforcement and military personnel; Licensed firearms dealers, manufacturers and importers; Olympic target shooting pistols; and Permanently inoperable firearms.

A more detailed review of these bans is available on LCAV's web site (www.lcav.org), or you can contact us at 415-433-2062, or via e-mail at [email protected].

Federal Assault Weapon Ban Public Safety and Recreational Firearms Use Protection Act, Title XI, Subtitle A of the Violent Crime Control and Law Enforcement Act of 1994. 18 U.S.C. § 921 et seq.

Effective Date: September 13, 1994

What is Banned: Manufacturing, transferring and possessing semi-automatic assault weapons and transferring and possessing large capacity ammunition feeding devices. 18 U.S.C. § 922(v){l) and (w)(I).

Definition of "Assault Weapon:" • Nineteen named types, models and series and copies or duplicates of those firearms in any caliber. • Semi-automatic pistols and rifles that have the ability to accept a detachable magazine and possess at least two specified military features, and semi-automatic shotguns that possess at least two specified military features. 18 U.S.C. § 921 (a)(30).

Definition of "Large Capacity Ammunition Feeding Device:" A magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. 18 U.S.C. § 921(a)(31).

Key Exceptions: • Grandfather Clause - The law does not apply to the transfer and possession of assault weapons and large capacity ammunition feeding devices that were otherwise lawfully possessed on September 13, 1994, or to large capacity ammunition feeding devices manufactured on or before September 13, 1994. 18 U.S.C. §§ 921 (a)(31), 922(v)( I) and 922(w)( 1). • Certain named firearms (as they were designed on October 1, 1993), as well as their replicas or duplicates, are excluded from the definition of assault weapon. 18 U .S.C. § 922, App. A. • Absent a serial number, a large capacity ammunition feeding device is presumed to be a pre-ban device with respect to possession. 18 U.S.C. § 922(w)(4).

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Penalties: Any person who knowingly and illegally manufactures, transfers, or possesses a semi-automatic assault weapon, or who knowingly and illegally transfers or possesses a large capacity ammunition feeding device, is subject to a fine, imprisonment for up to five years, or both. The potential penalties increase if the violation is intentional, or when an assault weapon is used or carried in certain other crimes. 18 U.S.C. § 924(a)(1 )(8), (b) and (c).

Sunset Provision: Unless renewed by Congress, the federal assault weapon ban will expire on September 13,2004.

Legal Challenges: The federal assault weapon ban has withstood all legal challenges.

In OlYmpic Arms v. Buckles, 301 F.3d 384 (6th Cir. 2002), the Sixth Circuit Court of Appeals rejected equal protection challenges to the federal ban raised by gun manufacturers, retailers, and individual gun owners under the Due Process Clause of the U.S. Constitution's Fifth Amendment. The court found that both the list of prohibited weapons, and the list of generic military features, were rational classifications within Congress'legislative authority. A challenge under the Commerce Clause (which limits the scope of Congress' power to enact legislation) was rejected by the district court, and was not appealed (see Olympic Armsv. Magaw, 91 F. Supp. 2d 1061 (E.D. Mich. 2000».

In Navegar. Inc. v. United States. 192 F.3d 1050

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California Assault Weapon Ban The Roberti-Roos Assault Weapons Control Act of 1989 (A WCA). Cal. Penal Code § 12275 et seq.

Effective Date: The original Act generally became effective January I, 1990.52 The 1999 amendments to the AWCA became effective January 1,2000. Cal. Penal Code §§ 12276.1(e), 12281(c), (f), 12285(g).

Wbat is Banned: • Manufacturing, causing to be manufactured, distributing, transporting, importing into the state, keeping for sale, offering or exposing for sale, giving, lending and possessing any assault weapon within the state. Cal. Penal Code § 12280(a)(I), (b), (j). • Manufacturing, importing into the state, keeping for sale, offering or exposing for sale, giving, and lending large-capacity magazines. California does not prohibit the possession of large-capacity magazines. Cal. Penal Code § 12020(a)(2).

Definition of "AssauIt Weapon:" • Seventy-five named types, models and series of firearms. California defines "series" to include "all other models that are only variations, with minor differences, of those models listed ... regardless of the manufacturer." Cal. Penal Code § 12276(e). • Semi-automatic pistols and semi-automatic centerfire rifles that have the capacity to accept a detachable magazine, and possess any specified military feature. Cal. Penal Code § 12276.1. • Semi-automatic shotguns that have the ability to accept a detachable magazine, or that have two specified military features, or any shotgun with a revolving cylinder. Id. • In addition, the state Attorney General may petition a superior court in a county with a population greater than one million people to add models to the list of prohibited assault weapons. Cal. Penal Code § 12276.5.

Definition of "Large Capacity Ammunition Feeding Device:" California uses the term "large-capacity magazine," which means any ammunition feeding device with the capacity to accept more than 10 rounds. Cal. Penal Code § 12020(c)(2S).

Key Exceptions: Grandfather Clause - Any person who lawfully possessed an assault weapon before the relevant effective dates of the A WCA, its 1999 amendment, or the addition of the weapon to the list of banned assault weapons, as appropriate, could retain possession ifthe weapon was registered with the state within a limited time. Otherwise, all other assault weapons had to be sold to a licensed firearms dealer, removed from the state, or, in some cases, rendered permanently inoperable. In-state transfers of registered assault weapons can only be made to licensed gun dealers or local law enforcement. Cal. Penal Code §§ 12276.1, 12276.5, 12280(b), (j) and 12285.

Other Regulations: • Persons who receive a registered assault weapon by bequest or intestate succession are required to render the weapon inoperable, sell it to a licensed gun dealer, remove it from the state, or obtain a permit within ninety days ofacquisition. Cal. Penal Code § 12285(b).

52 Due to a prolonged legal challenge, which was ultimately unsuccessful, the effective date of provisions relating to AK and AR-IS "series" assault weapons was delayed until August 16,2000.

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• Unless a penn it is obtained allowing for additional uses of a registered assault weapon, such a weapon may only be possessed in a limited number of places. Cal. Penal Code § 12285(c). • The California Department of Justice must conduct an annual security and safe storage inspection of every person, firm or corporation holding a permit to own or possess an assault weapon, including a reconciliation of the inventory of assault weapons. Permit holders maintaining an inventory of less than five assault weapons are generally subject to inspections only once every five years. Cal. Penal Code § 12289.5.

Penalties: • Any person who illegally manufactures or causes to be manufactured, distributes, transports, imports, sells, gives or lends an assault weapon is subject to imprisonment in the state prison for four, six, or eight years. When the assault weapon is transferred to a minor, an additional year is added to the sentence. Cal. Penal Code § 12280(a). • Any person who illegally possesses an assault weapon is subject to imprisonment not exceeding one year. Cal. Penal Code § 12280(b). • Any person who illegally manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends a large-capacity magazine can be sentenced to up to one year in county jail or state prison. Cal. Penal Code § 12020(aX2).

Sunset Provision: None.

Legal Challenges: With the exception of one minor provision (noted in Silveira v. Lockyer, below), the California assault weapon ban has withstood all legal challenges.

In Silveira v. Lockyer. 312 F.3d 1052 (9th Cir. 2002). cert. denied. 124 S. Ct. 803 (Dec. 1.2003), the Ninth Circuit Court of Appeals rejected challenges to the 1999 amendments to the A WCA based on the U.S. Constitution's First Amendment freedom of association, the Second Amendment, the Fifth Amendment Takings Clause (private property shall not be taken for public use without just compensation), and plaintiffs' informational privacy rights. In addition, while the court found that the A WCA's exception regarding off-duty police officers did not offend the Fourteenth Amendment's Equal Protection Clause, it found no rational basis for excluding retired law enforcement officers from the ban, striking down that provision (which actually had the effect of strengthening the ban).

In Kasler v. Lockyer. 2 P.3d 581 (Cal. 2000), the California Supreme Court rejected a taxpayers' suit against the original A WCA, holding that the ban did not violate the equal protection doctrines of the U.S. Constitution's Fourteenth Amendment or the California Constitution, the separation of powers doctrine (which bars legislative bodies from improperly delegating their authority), or the due process clauses under the U.S. and California Constitutions.

In Fresno Rifle and Pistol Club. Inc. v. Van De Kamp. 965 F.2d 723 (9th Cir. 1992). the Ninth Circuit Court of Appeals rejected challenges to the A WCA under several provisions of the U.S. Constitution, including the Bill of Attainder Clause (which prohibits laws specifically singling out individuals or businesses and imposing punishment on them without trial), the Supremacy Clause. and the Second Amendment. A right to privacy challenge was rejected by the district court, and was not appealed (see Fresno Rifle and Pistol Club, Inc. v. Van De Kamp, 746 F. Supp. 1415 (E.D. Cal. 1990).

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Connecticut Assault Weapon Ban Conn. Gen. Stat. §§ 53-202a through 53-202k

Effective Date: October 1, 1993; amended in 2001.

What is Banned: Possessing, distributing, transporting, importing, keeping for sale, offering or exposing for sale, and giving any assault weapon. Conn. Gen. Stat. §§ 53-202b and 53-202c.

Definition of "Assault Weapon:" • Sixty-seven named types, models and series of firearms. Conn. Gen. Stat. § 53-202a(a)(1) and (2). • Semi-automatic handguns and rifles that have the ability to accept a detachable magazine and possess at least two specified military features, and semi-automatic shotguns that possess at least two specified military features. Conn. Gen. Stat. § 53-202a(a)(3). This provision is identical to the federal standard at 18 U.S.C. § 921(a)(30). • A part or combination of parts designed or intended to convert a firearm into an assault weapon, as well as any combination of parts from which an assault weapon may be rapidly assembled if those parts are in the possession or under the control ofthe same person. Conn. Gen. Stat. § 53-202a(a).

Definition of "Large Capacity Ammunition Feeding Device:" None.

Key,Exceptions: • Grandfather Clause - Any person who lawfully possessed one of the 67 named types, models and series of assault weapons prior to October 1, 1993, was required to register the weapon (i.e., obtain a certificate of possession) in order to legally retain possession. A person who has been issued a certificate of possession may possess his or her registered assault weapon in a limited number of places. Conn. Gen. Stat. § 53-202d. • Assault weapons not included among the more than 67 named types, models and series may still be transferred and possessed without being registered if they were legally manufactured prior to the effective date of the federal assault weapon ban, September 13,1994. Conn. Gen. Stat. § 53-202m.

Other Regulations: • A person issued a certificate of possession may not sell or transfer the weapon to any person within the state except a licensed gun dealer or through bequest or intestate succession. When a person receives a weapon with a certificate of possession through bequest or intestate succession, that person must, within 90 days, render the weapon permanently inoperable, sell it to a licensed gun dealer, or remove it from the state. Conn. Gen. Stat. § 53-202d(b). • Persons who lawfully possess assault weapons must report any theft of those weapons within 72 hours of when the person "discovered or should have discovered" the theft. Conn. Gen, Stat. § 53-202g.

Penalties: • Any person who illegally distributes, transports or imports into the state, keeps for sale, or offers or exposes for sale, or who gives any assault weapon is subject to imprisonment for two to 10 years. Penalties are more significant when the offender transfers, sells or gives an assault weapon to a person under 18 years of age. Conn. Gen. Stat. §§ 53-202b and 53a-35(b). • Except for certain first-time violators, any person who illegally possesses an assault weapon faces a term of imprisonment between one and five years. Conn. Gen. Stat. §§ 53-202c and 53a-35(b).

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• Use or display of an assault weapon during the commission of certain felonies is punished by a mandatory eight-year sentence in addition to the term of imprisonment for the original felony. Conn. Gen. Stat. § 53-202j.

Sunset Provision: None.

Legal Challenges: The Connecticut assault weapon ban has withstood legal challenge.

In Benjamin v. Bailey, 662 A.2d 1226 (Conn. 1995), the Supreme Court of Connecticut rejected challenges to the state's assault weapon ban under Article I, § 15 of the Connecticut Constitution ("Every citizen has a right to bear arms in defense of himself.... "), the Connecticut Constitution's bill of attainder clause (Article I, § 13, prohibiting legislative acts that apply either to named individuals or to easily identifiable members of a group in such a way as to inflict punishment on them without ajudicial trial), and U.S. and Connecticut constitutional provisions guaranteeing due process and equal protection.

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Hawaii Assault Weapon Ban Haw. Rev. Stat § 134 et seq.

Effective Date: July 1, 1992

Wbat is Banned: Manufacturing, possessing, selling, bartering, trading, gifting, transferring and acquiring an assault pistol or large capacity ammunition feeding device. Haw. Rev. Stat §§ 134-4(e) and 134-8.

Definition of "Assault Weapon:" Hawaii uses the term "assault pistol," which means a semi-automatic pistol that accepts a detachable magazine and possesses at least two specified military features identical to the federal list for semi-automatic pistols under 18 U.S.C. § 92I(a)(30)(C). An assault pistol does not include a firearm with a barrel 16 or more inches in length. Haw. Rev. Stat. § 134-1.

Definition of "Large Capacity Ammunition Feeding Device:" A detachable ammunition magazine with a capacity in excess often rounds which is designed for or capable for use with a pistol. Haw. Rev. Stat. § 134-8(c).

Key Exceptions: Grandfather Clause - Any person who lawfully owned and registered an assault pistol as of July 1, 1992, may continue to possess the weapon (but it can only be transferred to a licensed dealer or any county's chief of police). Haw. Rev. Stat. § 134-4(e).

Otber Regulations: A person who obtains title to an assault pistol through inheritance must, within 90 days, render the weapon permanently inoperable, transfer the weapon to a licensed dealer or the chief of police of any county, or remove the weapon from the state. Id.

Penalties: • Any person who illegally engages in the manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of an assault pistol is generally subject to a mandatory sentence of five years without probation. Haw. Rev. Stat. § 134-8. • Any person who illegally engages in the manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of detachable ammunition magazines with a capacity in excess often rounds and designed for or capable for use with a pistol is gUilty of a misdemeanor. If the magazine is possessed while inserted into a pistol, the person is subject to a maximum sentence of five years in prison. Haw. Rev. Stat. §§ 134-8 and 706-660.

Sunset Provision: None.

Legal Cballenges: The Hawaii assault weapon ban has not been challenged.

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Maryland Assault Weapon Ban Md. Crim. Law Code § 4-301 et seq. and Md. Public Safety Code § 5-101 et seq.

Effective Date: June I, 1994

What is Banned: • Possessing, selling, offering for sale, transferring, purchasing, receiving and transporting assault pistols into the state. Other assault weapons are regulated. but not banned. Md. Crim, Law Code § 4-303 and Public Safety Code § 5-101(p)(2). • Manufacturing, selling, offering for sale, purchasing, receiving, and transferring large capacity ammunition feeding devices. Maryland does not prohibit the possession oflarge capacity ammunition feeding devices. Md. Crim. Law Code § 4-305.

Definition of "Assault Weapon:" • Seventeen named types, models and series of firearms or their copies, regardless of the producer or manufacturer, are defined as assault pistols. Md. Crim. Law Code § 4-30 I. • Sixty-six named types, models and series of firearms or their copies, regardless of which company produced and manufactured that firearm, are defined as assault weapons. Md. Public Safety Code § 5-101(p)(2).

Definition of "Large Capacity Ammunition Feeding Device:" A detachable magazine that has a capacity of more than 20 rounds of ammunition for a firearm. Md. Crim. Law Code § 4-305.

Key Exceptions: Grandfather Clause - Any person who lawfully possessed an assault pistol before June 1, 1994, may continue to possess it if he or she registered the weapon with the State Police before August I, 1994. Md. Crim. Law Code § 4-303.

Other Regulations: • A person who owns a registered assault pistol generally may not sell or transfer the weapon to any person, except through a licensed dealer or manufacturer, or through inheritance. Md. Crim. Law Code § 4-303. • Because assault weapons qualify as state-defined "regulated firearms," the purchasers of such guns are subject to enhanced background checks and a seven-day waiting period, and are limited to the purchase of one assault weapon in any 30-day period. Md. Public Safety Code §§ 5-118(bX3), 5-123(a), 5-124(aXl), 5-128(b) and 5-134(b).

Penalties: In general, any person who violates the provisions regulating assault pistols and detachable magazines is subject to imprisonment not exceeding three years or a fine not exceeding $5,000 or both. The pen!\lties increase significantly if the assault pistol or detachable magazine is used in a felony or a crime of violence, requiring a minimum five-year sentence for the first offense committed. Md. Crim. Law Code § 4-306.

Sunset Provision: None.

Legal Challenges: The Maryland assault weapon ban has not been challenged.

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Massachusetts Assault Weapon Ban Mass. Gen. Laws ch. 140, § 121 et seq.

Effective Date: October 22, 1998; amended in 2004.

What is Banned: Selling, offering for sale, transferring and possessing an assault weapon or large capacity feeding device. Mass. Gen. Laws ch. 140, § 131 M.

Definition of "Assault Weapon:" • Nineteen named types, models and series offirearms and copies or duplicates ofthose firearms in any caliber. This list is essentially the same as the firearms named in the federal ban at 18 U.S.C. § 921 (aX30)(A). Mass. Gen. Laws ch. 140, § 121. • Semi-automatic handguns and rifles that have the ability to accept a detachable magazine and possess at least two specified military features, and semi-automatic shotguns that possess at least two specified military features.

Definition of "Large Capacity Ammunition Feeding Device:" Massachusetts uses the term "large capacity ,feeding device," which means: a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun she\1s; or a "large capacity ammunition feeding device" as defined under federal law, 18 U.S.C. § 92I(a)(31). Mass. Gen. Laws ch. 140, § 121.

Key Exceptions: Grandfather Clause - Any person who lawfully possessed an assault weapon or large capacity feeding device on September 13, 1994, may continue to sell, transfer and/or possess the weapon or feeding device. Mass. Gen. Laws ch. 140, § 131 M.

Other Regulations: In order to purchase, rent, lease, borrow, possess or carry a "large capacity weapon," a person must obtain the appropriate permit or license. Massachusetts defines "large capacity weapon" to include: assault weapons; most semi-automatic firearms with a fixed large capacity feeding device or that are capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; and certain revolving cylinder firearms. Mass. Gen. Laws ch. 140, §§ 121, 123(Eighth) 131 and 131A.

Penalties: First time offenders face a fine of $1 ,000 to SI 0,000, between one and ten years of imprisonment, or both. Repeat offenders face a fine of $5,000 to SI5,000, between five and fifteen years ofimprisonment, or both. Mass. Gen. Laws ch. 140, § 131M.

Sunset Provision: None.

Legal ChaUenges: The Massachusens assault weapon ban has withstood legal challenge.

In Gun Owners' Action League, Inc. v. Swift. 284 F.3d 198 (1st Cir. 2002), the U.S. Court of Appeals for the First Circuit rejected challenges to Massachusetts' regulation of large capacity weapons and feeding devices under the U.S. Constitution. including alleged violations of the First Amendment's freedom of speech and association, and the Fourteenth Amendment's Due Process and Equal Protection Clauses.

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New Jersey Assault Weapon Ban N.J. Rev. Stat. § 2C:39-1 et seq.

Effective Date: May 30, 1990

What is Ba~ned: • Manufacturing, causing to be manufactured, transporting, shipping, selling and disposing of an "assault firearm" unless the person is licensed to do so, and the weapon is properly registered. N.J. Rev. Stat. § 2C:39-9(g). • Knowingly possessing an assault firearm unless the possessor is licensed and the weapon is registered, or the weapon is rendered inoperative. N.J. Rev. Stat. § 2C:39-5(t). • Manufacturing, causing to be manufactured, transporting, shipping, selling and disposing of a large capacity ammunition magazine. N.J. Rev. Stat. § 2C:39-9(h). • Possessing a large capacity ammunition magazine unless the person has registered an assault firearm and the magazine "is maintained and used in connection with participation in competitive shooting matches sanctioned by the Director of Civilian Marksmanship of the United States Department of the Army." N.J. Rev. Stat. § 2C:39-3G).

Definition of "Assault Weapon:" • Sixty-three named types, models and series of firearms, or any other firearm manufactured under any designation which is substantially identical to any of the listed weapons, are defined as "assault firearms." N.J. Rev. Stat. § 2C:39-I(w). • Assault firearms also include semi-automatic rifles with fixed magazine capacities of more than 15 rounds and any semi-automatic shotgun with either a magazine capacity exceeding six rounds, a pistol grip, or a folding stock. N.J. Rev. Stat. § 2C:39-1(w). • Additionally, any part or combination of parts designed or intended to convert a firearm into an assault firearm, or any combination of parts from which an assault firearm may be readily assembled if possessed by or under the control of a single individual, are also considered assault firearms. N.J. Rev. Stat. § 2C:39-1(w).

Definition of "Large Capacity Ammunition Feeding Device:" New Jersey uses the term "large capacity ammunition magazine," which means: a box, drum, tube or other container which is capable of holding more than 15 rounds of ammunition to be fed continuously and directly into a semi-automatic firearm. N.J. Rev. Stat. § 2C:39-1 (y).

Key Exceptions: • Grandfather Clause - Any person who lawfully purchased an assault firearm on or before May I, 1990 was permitted to retain possession ifhe or she registered the weapon by May 30, 1991, and if the weapon was on a list developed by the Attorney General identifying assault firearms used for legitimate target-shooting purposes. In order to register, the owner also was required to produce for inspection a valid firearms purchaser identification card, a valid permit to carry handguns, or a copy of the permit to purchase the assault firearm and submit proof that the owner was, within 210 days of the statute's effective date, a member of a rifle or pistol club in existence prior to the effective date. N.J. Rev. Stat. § 2C:58-12. • Any person who lawfully owned an assault firearm and was unable to, or chose not to, register the weapon, was required to do one of the following by May 30, 1991: transfer the weapon to someone lawfully entitled to own or possess it, render it inoperable, or voluntarily surrender it to law enforcement. N.J. Rev. Stat. § 2C:58-13.

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Other Regulations: • A person seeking to purchase, possess, or carry an assault firearm must obtain a license to do so. The superior court may issue a license after an investigation and recommendation by the county prosecutor. However, no license may be issued to any person who would not qualify for a permit to carry a handgun unless the court finds that public safety and welfare so require. N.J. Rev. Stat. § 2C:S8-S. • Within 90 days of the death of the registered owner, an assault firearm must either be transferred to someone lawfully entitled to own or possess it, rendered inoperable, or voluntarily surrendered to lawenforcement. N.J. Rev. Stat. §§ 2C:S8-12 and 2C:S8-13. • If a registered assault firearm or a license holder's assault firearm is used in the commission of a crime, the owner will be civilly liable for any damages resulting from that crime, unless the firearm was stolen from its owner and the owner reported the theft to law enforcement within 24 hours of his or her awareness of the theft. N.J. Rev. Stat. §§ 2C:58-5 and 2C:58-12(g).

Penalties: • Any person who knowingly possesses a working assault firearm is guilty of a crime in the third degree, unless the weapon is registered and the person is properly licensed. A first-time offender will not be imprisoned unless it is determined to be necessary for the protection of the public. In general, the presumptive sentence for a third degree offense is a term of four years. N.J. Rev. Stat. §§ 2C:39-5(t), 2C:44-I(e) and 2C:44-I(t)(IXd). • Any person who unlawfully manufactures, causes to be manufactured, transports, ships, sells or disposes of an assault firearm is guilty of a crime of the third degree. N.J. Rev. Stat. § 2C:39-9(g). • Any person who unlawfully manufactures, causes to be manufactured, transports, ships, sells or disposes of a large capacity ammunition magazine is guilty of a crime of the fourth degree. A first time offender will not be imprisoned unless it is determined to be necessary for the protection of the public. In general, the presumptive sentence for a fourth degree offense is a term of nine months. N.J. Rev. Stat. §§ 2C:39-9(h), 2C:44-1(e) and 2C:44-1(t)(1)(e).

Sunset Provision: None.

Legal Challenges: The New Jersey assault weapon ban has withstood alllegaI challenges.

In State v. Petrucci. 779 A.2d 429 (N.J. Super. Ct. ADD' Div. 200])' the Superior Court of New Jersey, Appellate Division, rejected a vagueness challenge to N.J. Rev. Stat. § 2C:43-6g under the U.S. Constitution's Fifth and Fourteenth Amendment Due Process Clauses, and Article I, paragraph I, of the New Jersey Constitution.

In Coalition o(NJ. Sportsmen v. Whitman, 44 F. SUDP' 2d 666 (0. N.J. 1999). aff'd. 263 F.3d 157 (3d Cir. 200)). the District Court of New Jersey rejected numerous challenges under the U.S. Constitution, including those based on alleged violations of the Fourteenth Amendment'S Due Process and Equal Protection Clauses, the First Amendment's freedom of association and freedom of (commercial) speech, and the Bill of Attainder Clause (which prohibits laws specifically singling out individuals or businesses and imposing punishment on them without trial).

In State v. Warriner. 731 A,2d 86 (N.J. SUDer. Ct. App. Div. 1999), the Superior Court of New Jersey, Appellate Division, rejected a vagueness challenge to N.J. Rev. Stat. § 2C:39-lw(l) under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution.

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New York Assault Weapon Ban N.Y. Penal Law § 265.00 et seq.

Effective Date: Nov. 1,2000

What is Banned: Possessing, manufacturing, causing to be manufactured, transporting, shipping, disposing of, and willfully defacing an assault weapon or large capacity ammunition feeding device. N.Y. Penal Law §§ 265.02 and 265.10.

Definition of "Assault Weapon:" • Nineteen named types, models and series of firearms, as well as any functioning frames or receivers, or copies or duplicates ofthese weapons. This list is essentially the same as the firearms named in the federal ban at 18 U.S.C. 921(a)(30)(A). N.Y. Penal Law § 265.00(22). • Semi-automatic pistols and rifles that have the ability to accept a detachable magazine and possess at least two specified military features, and semi-automatic shotguns that possess at least two specified military features. This provision is identical to the federal standard at 18 U.S.C. § 921(a)(30). N.Y. Penal Law § 265.00(22).

Definition of "Large Capacity Ammunition Feeding Device:" A magazine, belt, drum, feed strip, or similar device, manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition. N.Y. Penal Law § 265.00(23).

Key Exceptions: • Grandfather Clause - Assault weapons lawfully possessed before September 14, 1994, and large capacity ammunition feeding devices manufactured before September 14, 1994, may continue to be lawfully transferred and possessed. N.Y. Penal Law §§ 265.00(22)(e)(v) and (23). • Firearms specified in 18 U.S.C § 922, App. A (as they were manufactured on October 1, 1993), as well as their replicas or duplicates, are excluded from the definition of assault weapon. N.Y. Penal Law § 265.00(22)(e)(iv).

Penalties: Any violation of the above provisions is a Class D felony, which is punishable by a maximum of seven years imprisonment. N.Y. Penal Law § 70.00(d).

Sunset Provision: None.

Legal Challenges: The New York assault weapon ban has not been challenged.

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" Legal C

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AppendixD

Common Legal Challenges to Laws Banning Assault Weapons

This Appendix is part of the report, Banning Assault Weapons - A Legal Primer for State and Local Action, a publication of Legal Community Against Violence.

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Common Legal Challenges to Laws Banning Assault Weapons

The following analysis summarizes common legal challenges to laws banning assault weapons, and identifies cases in which these challenges were made, the provisions challenged, and the outcomes. In most of these cases, as noted below, the assault weapon bans were challenged on more than one legal theory.

Article I, § 8 of the U.S. Constitution, Commerce Clause - Congress shall have the power to "regulate Commerce ... among the several states."

The federal assault weapon ban has not been found to violate the Commerce Clause. The following cases have addressed this issue:

• Olympic Arms v. Magaw, 91 F. Supp. 2d 1061 (E.D. Mich. 2000), aff'd, 301 F.3d 384 (6th Cir. 2002) rejecting a challenge to 18 U.S.C. § 922(v)(1) and (w)(I).

• Navegar, Inc. v. United States, 192 F.3d 1050 (D.C. Cir. 1999), cert. denied, 531 U.S. 816 (2000) rejecting a challenge to 18 U.S.C. § 922(vX 1).

Article I, §§ 9 & 10 of tbe U.S. Constitution, Bill of Attainder - Congress and the states shall not pass any Bill of Attainder, that is, "a law that legislatively determines guilt and inflicts punishment upon an identifiable individual without...ajudicial triaL" Nixon v. Administrator o/General Services, 433 U.S. 425,468 (1977).

No assault weapon ban has been found to constitute a Bill of Attainder under the U.S. Constitution or analogous state constitutional provisions. The following cases have addressed this issue:

• Navegar, Inc. v. United States, 192 F.3d 1050 (D.C. Cir. 1999), cert. denied, 531 U.S. 816 (2000) rejecting a challenge to 18 U.S.C. §§ 92 I (aX30)(AXviii), (ix), and 922(v)(I).

• Coalition ofN.J Sportsmen v. Whitman, 44 F. Supp. 2d 666 (D. N.J. 1999), aff'd, 263 F.3d 157 (3d Cir. 2001) - rejecting a challenge to New Jersey Rev. Stat. §§ 2C:39-1w, Sf, and 9g.

• Benjamin v. Bailey, 662 A.2d 1226 (Conn. 1995) - rejecting a challenge to Connecticut Gen. Stat. § 53-202a et seq.

• Fresno Rifle and Pistol Club. Inc. v. Van De Kamp, 965 F .2d 723 (9th Cir. 1992) - rejecting a challenge to California Penal Code § 12275 et seq.

Articles I-III of tbe U.S. Constitution, Separation of Powers - Each of the three branches of government -legislative, executive, andjudicial- has certain powers, and each of these powers is limited, or checked, by another branch. The courts have long insisted that "the integrity and maintenance of the system of government ordained by the Constitution" mandate that Congress generally cannot delegate its legislative power to another branch. Mistretta v. United States 488 U.S. 361, 371-72 (1989), citing Field v. Clark, 143 U.S. 649, 692 (1892).

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No assault weapon ban has been found to violate the separation of powers doctrine under the U.S. Constitution or analogous state constitutional provisions. The following case has addressed this issue:

• Kasler v. Lockyer,2 P.3d 581 (Cal. 2000) - rejecting a challenge to California Penal Code § 12276.5.

Article VI of the U.S. Constitution, Supremacy Clause - "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land ...." The Supremacy Clause is the source of the doctrine of federal preemption.

No assault weapon ban has been found to violate the Supremacy Clause. The following cases have addressed this issue:

• Richmond Boro GWI Club. Inc. v. City 0/ New York, 97 F.3d 681 (2d Cir. 1996) - rejecting a challenge to New York City Local Law 78 of 1991.

• Citizens/or a Safer CommWlity v. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994) rejecting a challenge to Rochester Ordinance No. 93-62.

• Arnoldv.. City o/Cleveland, 616 N.E.2d 163 (Ohio 1993) - rejecting a challenge to Cleveland Ordinance No. 415-89.

• Fresno Rifle and Pistol Club, Inc. v. Van De Kamp, 965 F.2d 723 (9th Cir. 1992) - rejecting a challenge to California Penal Code § 12275 et seq.

First Amendment to the U.S. Constitution, Freedom of Speech - "Congress shall make no law ... abridging the freedom of speech ...."

No assault weapon ban has been found to violate the First Amendment right to free speech. The following cases have addressed this issue:

• Olympic Arms v. Buckles, 301 F.3d 384 (6th Cir. 2002) - rejecting a challenge to 18 U.S.C. § 921 et seq.

• GWI Owners' Action League. Inc. v. Swift, 284 F.3d 198 (1st Cir. 2002) - rejecting a challenge to Massachusetts Gen. Laws ch. 140, § 131(a).

• Coalition o/NJ. Sportsmen v. Whitman, 44 F. Supp. 2d 666 (D. N.J. 1999), aff'd,263 F.3d 157 (3d Cir. 2001) - rejecting a challenge to New Jersey Rev. Stat. § 2C:39-1 w( 1).

• Citizens/or a Safer Community v. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994) rejecting a challenge to Rochester Ordinance No. 93-62.

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First Amendment to tbe U.S. Constitutiont Freedom of Association - "Congress shall make no law ... abridging ... the right of the people peaceably to assemble ......

No assault weapon ban has been found to violate the First Amendment right to freedom of association. The following cases have addressed this issue:

• Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (December I, 2003) rejecting a challenge to California Penal Code § 12280(g)-(i).

• Gun Owners' Action League, Inc. v. Swift, 284 F.3d 198 (1 st Cir. 2002) - rejecting a challenge to Massachusetts Gen. Laws ch. 140, § 131(a).

• Coalition o/N.J. Sportsmen v. Whitman,44 F. Supp. 2d 666 (D. N.J. 1999), afJ'd,263 F.3d 157 (3d Cir. 2001) - rejecting a challenge to New Jersey Rev. Stat. §§ 2C:39-3j and 2C:58-12b.

Second Amendment to the U.S. Constitutiont Rigbt to "Keep and Bear Arms" - "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Second Amendment challenges to assault weapon bans have not been successful. The following cases have addressed this issue:

• Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (December I, 2003) - rejecting a challenge to California Penal Code §§ 12276.1 and 12280(g)-(i).

• Peoples Rights Organization v. City o/Columbus, 152 F.3d 522 (6th Cir. 1998) - rejecting a challenge to Columbus Code §§ 2323.11, 2323.31, and 2323.32.

• Citizens/or a Safer Community v. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994) rejecting a challenge to Rochester Ordinance No. 93-62.

• Fresno Rifle and Pistol Club, Inc. v. Van De Kamp, 965 F .2d 723 (9th Cir. 1992) - rejecting a challenge to California Penal Code § 12275 et seq.

State Right to Bear Arms Provisions - Most states have a constitutional or legislative provision recognizing a right to bear arms.

No state or local ban on assault weapons has been struck down for violating a state right to bear arms provision.53 The following cases have addressed this issue:

• Benjamin v. Bailey, 662 A.2d 1226 (Conn. 1995) - rejecting a challenge to Connecticut Gen. Stat. §§ 53-202a through 53-202k.

53 In Ortiz v. Commorrwea/th, 681 A.2d 152, 156 (Pa. 1996), the Pennsylvania Supreme Court found that assault weapon bans in Philadelphia County and the City of Pins burgh were preempted by 18 Pa. Cons. Stat. § 6120. Although the court referenced the state's right to bear arms provision (Pa. Const. Art. I, § 21), the reference was only for the purpose of upholding the preemption statute.

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• Citizens/ora Safer Community v. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994) rejecting a challenge to Rochester Ordinance No. 93-62.

• Robertson v. City & County o/Denver, 874 P.2d 325 (Colo. 1994), appeal after remand, 978 P.2d 156 (Colo. Ct. App. 1999) - rejecting a challenge to Denver Muni. Code § 38-130.

• City o/Cincinnati v. Langan, 640 N.E.2d 163 (Ohio Ct. App. 1994) - rejecting a challenge to Cincinnati Muni. Code § 708-37.

• Beaver v. City 0/ Dayton, 1993 Ohio App. LEXlS 4303 (Ohio ct. App. 1993) - rejecting a challenge to Dayton Ordinance No. 27920.

• Oregon State Shooting Ass 'n v. Multnomah County, 858 P.2d 1315 (Or. Ct. App. 1993) - rejecting a challenge to Multnomah County Ordinance 646, § IV.

• Arnold v. City o/Cleveland, 616 N.E.2d 163 (Ohio 1993) - rejecting a challenge to Cleveland Ordinance No. 415-89.

State Preemption - State preemption refers to a state's removal of a local government's power to regulate a specific subject matter. The existence and degree of state preemption of local firearms regulation varies widely.

While courts have found two local assault weapon bans to be preempted by state law, other courts have rejected state preemption challenges to local bans. The following cases have addressed this issue:

Challenges Rejected

• People v. Stagnitto, 691 N.Y.S.2d 223 (N.Y. App. Div. 1999) - rejecting a challenge to Rochester Ordinance No. 93-62.

• Citizens/or a Safer Community v. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994) rejecting a challenge to Rochester Ordinance No. 93-62.

Challenges Upheld (or upheld in part)

• Ortiz v. Commonwealth, 681 A.2d J52, J56 (Pa. 1996) - upholding state preemption challenges to assault weapon bans in Philadelphia County (Bill No. 508) and Pittsburgh (Ordinance 30-1993).

• Oregon State Shooting Ass 'n v. Multnomah County, 858 P.2d 1315 (Or. Ct. App. 1993) - upholding a state preemption challenge to Multnomah County Ordinance 646, § IV(AX4) banning the sale of assault weapons at the Exposition Center. but rejecting a state preemption challenge to section IV(A)(1)-(3) regulating (and in some cases prohibiting) the possession of assault weapons in public places.

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Fifth Amendment to the U.S. Constitution, Takings Clause - The Fifth Amendment to the U.S. Constitution provides that "private property [shall not] be taken for public use, without just compensation." The Takings Clause is incorporated by the Fourteenth Amendment Due Process Clause as a constraint on state and local action. Chicago, B. & Q. R. Co. v. Chicago, 166 U.S. 226 (1897).

No assault weapon ban has been found to violate the Fifth Amendment Takings Clause or analogous state constitutional provisions. The following cases have addressed this issue:

• Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (December 1,2003) rejecting a challenge to California Penal Code §§ 12276.1 and 12280(g)-(i).

• Citizens/or a Safer Communityv. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994) rejecting a challenge to Rochester Ordinance No. 93-62.

• Gun South, Inc. v. Brady, 877 F .2d 858 (lIth Cir. 1989) - rejecting a challenge to a temporary federal ban on the importation of "assault rifles."

Fifth and Fourteenth Amendments to the U.S. Constitution, Due Process Clauses - No person shall be deprived of "life, liberty, or property, without due process oflaw ...." A law failing to give a person of ordinary intelligence a reasonable opportunity to know what is prohibited, or that fails to provide explicit standards for those who apply the law, violates due process under the federal constitution. As the U.S. Supreme Court explained in Grayned v. City 0/ Rockford, 408 U.S. 104, 108 (1972), "[i]t is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined." Note, however, that clearly written laws also can violate due process when they are overbroad, impinging on constitutionally protected conduct. Id. at 1] 4-15.

No federal or state assault weapon ban has been found to violate due process under the U.S. Constitution or analogous state constitutional provisions. Only one local jurisdiction has had its ban struck down on due process grounds. The following cases have addressed this issue:

Challenges Rejected

• State v. Petrucci, 779 A.2d 429 (N.J. Super. ct. App. Div. 2001) - rejecting a challenge to New Jersey Rev. Stat. § 2C:43-6g.

• Gun Owners' Action League, Inc. v. Swift, 284 F .3d 198 (1 st Cir. 2002) - rejecting a challenge to Massachusetts Gen. Laws ch. 140, § 121 et seq.

• Kasler v. Lockyer, 2 PJd 581 (Cal. 2000) - rejecting a challenge to California Penal Code § 12276.

• Coalition o/NJ Sportsmen v. Whitman, 44 F. Supp. 2d 666 (D. N.J. 1999), aff'd, 263 F.3d 157 (3d Cir. 2001) - rejecting a challenge to various parts of New Jersey Rev. Stat. § 2C:39-1 et seq.

• State v. Warriner, 731 A.2d 86 (N.J. Super. Ct. App. Div. 1999) - rejecting a challenge to New Jersey Rev. Stat. § 2C:39-lw(I).

• Richmond Boro Gun Club, Inc. v. City o/New York, 97 F.3d 681 (2d Cir. 1996) - rejecting a challenge to New York City Local Law 78 of 1991.

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• Benjamin v. Bailey, 234 662 A.2d 1226 (Conn. 1995) - rejecting a challenge to Connecticut Gen. Stat. § 53-202(a).

• City o/Cincinnati v. Langan, 640 N.E.2d 163 (Ohio Ct. App. 1994) - rejecting a challenge to Cincinnati Muni. Code § 708-37.

Challenges Upheld (or upheld in part)

• Peoples Rights Organization v. City o/Columbus, 152 FJd 522 (6th Cir. 1998) - upholding a vagueness challenge to the definition of assault weapons in Columbus City Code §§ 2323.II(G)(1)-(5) and 2323.31(A). At least one subsequent case in another jurisdiction, Coalition o/N.J. Sportsmen v. Whitman, 44 F. Supp. 2d 666 (D. N.J. 1999), affd, 263 F.3d 157 (3d Cir. 2001), has rejected the reasoning of the Sixth Circuit.

• Springfie/dArmory v. City o/Columbus, 29 FJd 250 (6th Cir. 1994) - upholding a vagueness challenge to the definition ofassauh weapons in Columbus City Code § 2323.01(1). Subsequent cases in other jurisdictions have not followed the Springfield Armory decision (see Kasler v. Lockyer, 2 PJd 581 (Cal. 2000); Benjamin v. Bailey, 662 A.2d 1226 (Conn. 1995».

• Robertson v. City & County 0/ Denver, 874 P.2d 325 (Colo. 1994), appeal after remand, 978 P.2d 156 (Colo. Ct. App. 1999) - upholding a vagueness challenge to several minor parts of the definition of assault weapons in Denver Muni. Code § 38-130(b)(1)(c), portions of(h)(I), and (h)(5).

Fifth and Fourteenth Amendments to the U.S. Constitution, Equal Protection - The Fourteenth Amendment provides that no state shall "deny to any person within its jurisdiction, the equal protection of the laws." The federal government is similarly limited by the Fifth Amendment. However, when a law makes a classification neither "involving fundamental rights nor proceeding along suspect lines," the law will withstand constitutional scrutiny so long as it bears a rational relationship to a legitimate governmental interest. 54

Most courts have rejected equal protection challenges to assault weapon bans under the U.S. Constitution or analogous state constitutional provisions. Where equal protection challenges have been upheld, they have generally concerned only specific provisions, not the entire law. The following cases have addressed this issue:

Challenges Rejected

• Olympic Arms v. Buckles, 301 F.3d 384 (6th Cir. 2002) - rejecting a challenge to 18 U.S.C. § 921 (aX30)(A)-(D).

• Gun Owners' Action League, Inc. v. Swift, 284 FJd 198 (1st Cir. 2002) - rejecting a challenge to Massachusetts Gen. Laws ch. 140, § 131(a).

• Kasler v. Lockyer,2 PJd 581 (Cal. 2000) - rejecting a challenge to California Penal Code § 12276.

54 Hellerv. Doe, 509 U.S. 312, 320 (1993), see also Schweiker v. Wilson, 450 U.S. 221,230 (1981). Classifications along "suspect lines" can include a suspect class (e.g., race) or quasi-suspect class (e.g., gender), see, e.g. • Lavia v. Pennsylvania, 224 F.3d 190,200 (3d Cir. 2000).

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• Coalition o/NJ Sportsmen v. Whitman, 44 F. Supp. 2d 666 (D. N.J. 1999), aff'd, 263 F.3d 157 (3d Cir. 2(01) - rejecting a challenge to various parts of New Jersey Rev. Stat. § 2C:39-1 et seq.

• Benjamin v. Bailey, 662 A.2d 1226 (Conn. 1995) - rejecting a challenge to Connecticut Gen. Stat. §§ 53-202a through 53-202d.

• City o/Cincinnati v. Langan, 640 N.E.2d 163 (Ohio Ct. App. 1994) - rejecting a challenge to Cincinnati Muni. Code § 708-37.

Challenges Upheld (or upheld in part)

• Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (December 1,2(03) upholding a challenge to California Penal Code § 12280(h)-(i), which excluded retired law enforcement officers from the ban, while rejecting a challenge to section 12280(g).

• Peoples Rights Organization v. City o/Columbus, 152 F.3d 522 (6th Cir. 1998) - upholding a challenge to Columbus City Code § 2323.31(8)(3), and upholding in part, and rejecting in part, a challenge to section 2323.32(8)(2). The provisions grand fathered assault weapons (and large capacity magazines belonging to or part of those weapons) that were registered under a former ordinance.

• Citizens/or a Safer Community v. City o/Rochester, 627 N.Y.S.2d 193 (N.Y. Gen. Term 1994) upholding a challenge to part of Rochester Ordinance No. 93-62, which banned specific assault weapon models, but did not prohibit copies or duplicates of the listed models. The court rejected a challenge to the portion ofthe ordinance banning assault weapons based on a definition of generic features.

Fourteenth Amendment to the U.S. Constitution, Right to Privacy - Founded in the Fourteenth Amendment's concept of personal liberty, privacy rights involve at least two different kinds of interests, "the individual interest in avoiding disclosure of personal matters, and ... the interest in independence in making certain kinds of important decisions." Whalen v. Roe, 429 U.S. 589,598-600 (1977).

No assault weapon ban has been found to violate the right to privacy under the U.S. Constitution or analogous state constitutional provisions. The following case has addressed this issue:

• Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (December 1,2003) rejecting a challenge to the amended registration provisions outlined in California Penal Code §§ 12280 through 12290.

• Fresno Rifle and Pistol Club, Inc. v. Van De Kamp, 746 F. Supp. 1415 (E.D. Cal. 1990), affd, 965 F.2d 723 (9th Cir. 1992) - rejecting a challenge to California Penal Code §§ 12275 through 12290.

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Appendix E

Excerpts of the Federal Assault Weapon Ban

This Appendix is part of the report, Banning Assault Weapons - A Legal Primer for State and Local Action. a publication of Legal Community Against Violence.

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Excemts of the Federal Assault Weapon Ban

18 U.S.C. § 921(a)(30), (31)

(a) As used in this chapter ...

(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 Anns Israeli Military Industries UZI and GaliI; (iii) Beretta Ar70 (SC-70); (iv) Colt AR-IS; (v) Fabrique National FNIFAL, FNILAR, and FNC; (vi) SWD M-IO, M-I I, M-ll/9, and M-12; (vii) Steyr AUG; (viii) INTRA TEC 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 pennits 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.

(31) The tenn "large capacity ammunition feeding device" -

(A) means a magazine, belt. drum. feed strip. or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of. or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

(8) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rim fire ammunition.

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18 U.S.C. § 922(v)(I), (w)(l)

(v)(l) 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 fireanns, or replicas or duplicates of the fireanns, specified in Appendix A to this section, as such fireanns were manufactured on October I, 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;

(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine. The fact that a fireann is not listed in Appendix A shall not be construed to mean that paragraph (1) applies to such fireann. 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 Attorney General.

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(wXl) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.

(3) This subsection shall not apply to -

(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement; or

(D) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.

(4) Ifa person charged with violating paragraph (1) asserts that paragraph (I) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of this title shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).

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Appendix F

Excerpts of the California Assault Weapon Ban

This Appendix is part of the report, Banning Assault Weapons - A Legal Primer for State and Local Action, a publication of Legal Community Against Violence.

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Excemts of the California Assault Weapon Ban

Cal. Penal Code § 12275.5

The Legislature hereby finds and declares that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this state. The Legislature has restricted the assault weapons specified in Section 12276 based upon finding that each firearm has such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings. It is the intent of the Legislature in enacting this chapter to place restrictions on the use of assault weapons and to establish a registration and permit procedure for their lawful sale and possession. It is not, however, the intent of the Legislature by this chapter to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sports or recreational activities.

Cal. Penal Code § 12276

As used in this chapter, "assault weapon" shaH mean the foHowing designated semiautomatic firearms:

(a) All of the following specified rifles:

(1) All AK series including, but not limited to, the models identified as foHows: (A) Made in China AK, AKM, AKS, AK47, AK47S, 56, 56S, 84S, and 86S. (B) Norinco 56, 56S, 84S, and 86S. (C) Poly Technologies AKS and AK47. (D) MAADI AK47 and ARM. (2) UZI and GaliJ. (3) Beretta AR-70. (4) CETME Sporter. (5) Colt AR-15 series. (6) Daewoo K-l, K-2, Max I, Max 2, AR 100, and AR 110C. (7) Fabrique Nationale FAL, LAR, FNC, 308 Match, and Sporter. (8) MAS 223. (9) HK-91, HK-93, HK-94, and HK-PSG- l. (10) The following MAC types: (A) RPB Industries Inc. sMIO and sMll. (B) SWD Incorporated Mil. (11) SKS with detachable magazine. (12) SIG AMT, PE-57, SG 550, and SG 551. (13) Springfield Armory BM59 and SAR-48. (14) Sterling MK-6. (15) Steyer AUG. (16) Val met M62S, M7IS, and M78S. (17) Armalite AR-IBO. (18) Bushmaster Assault Rifle. (\9) Calico M-900. (20) J&R ENG M-68. (21) Weaver Arms Nighthawk.

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(b) All of the following specified pistols:

(I) UZI. (2) Encom MP-9 and MP-45. (3) The following MAC types: (A) RPB Industries Inc. sMIO and sMI!. (B) SWD Incorporated M-Il. (C) Advance Armament Inc. M-II . (0) Military Armament Corp. Ingram M-II. (4) Intratec TEC-9. (5) Sites Spectre. (6) SterlingMK-7. (7) Calico M-950. (8) Bushmaster Pistol.

(1) Franchi SPAS 12 and LA W 12. (2) Striker 12. (3) The Streetsweeper type SIS Inc. SSIl2.

(d) Any fireann declared by the court pursuant to Section 12276.5 to be an assault weapon that is specified as an assault weapon in a list promulgated pursuant to Section 12276.5.

(e) TIle term "series" includes all other models that are only variations, with minor differences, of those models listed in subdivision (a), regardless of the manufacturer.

(f) This section is declaratory of existing law, as amended, and a clarification of the law and the Legislature's intent which bans the weapons enumerated in this section, the weapons included in the list promulgated by the Attorney General pursuant to Section 12276.5, and any other models which are only variations of those weapons with minor differences. regardless of the manufacturer. The Legislature has defined assault weapons as the types, series, and models listed in this section because it was the most effective way to identify and restrict a specific class of semiautomatic weapons.

Cal. Penal Code § 12276.1

(a) Notwithstanding Section 12276. "assault weapon" shall also mean any of the following:

(I) A semiautomatic, center fire rifle that has the capacity to accept a detachable magazine and anyone of the following: (A) A pistol grip that protrudes conspicuously beneath the action of the weapon. (B) A thumb hole stock. (C) A folding or telescoping stock. (D) A grenade launcher or flare launcher. (E) A flash suppressor. (F) A forward pistol grip.

(2) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

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(3) A semiautomatic, centerfire rifle that has an overall length ofless than 30 inches.

(4) A semiautomatic pistol that has the capacity to accept a detachable magazine and anyone of the following: (A) A threaded barrel, capable of accepting a flash suppressor, forward handgrip, or silencer. (B) A second handgrip. (C) A shroud that is attached to, or partially or completely encircles, the barrel that allows the bearer to fire the weapon without burning his or her hand, except a slide that encloses the barrel. (D) The capacity to accept a detachable magazine at some location outside of the pistol grip.

(5) A semi-automatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

(6) A semiautomatic shotgun that has both of the following: (A) A folding or telescoping stock. (B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.

(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.

(8) Any shotgun with a revolving cylinder.

(b) The Legislature finds a significant public purpose in exempting pistols that are designed expressly for use in Olympic target shooting events. Therefore, those pistols that are sanctioned by the International Olympic Committee and by USA Shooting, the national governing body for international shooting competition in the United States, and that are used for Olympic target shooting purposes at the time the act adding this subdivision is enacted, and that would otherwise fall within the definition of "assault weapon" pursuant to this section are exempt, as provided in subdivision (c).

(1) Any antique firearm.

(2) Any of the following pistols, because they are consistent with the significant public purpose expressed in subdivision (b):

MANUFACTURER MODEL CALIBER BENELLI MP90 .22LR BENELLI MP90 .32S&WLONG BENELLI MP95 .22LR BENELLI MP95 .32 S&W LONG HAMMERLI 280 .22LR HAMMERLI 280 .32S&WLONG HAMMERLI SP20 .22LR HAMMERLI SP20 .32 S&W LONG PARDINI GPO .22 SHORT PARDINI GP-SCHUMANN .22 SHORT PARDINI HP .32S&WLONG PARDINI MP .32 S&WLONG PARDINI SP .22LR PARDINI SPE .22LR WALTHER GSP .22LR

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WALTHER GSP .32S&WLONG WALTHER OSP .22 SHORT WALTHER OSP-2000 .22 SHORT

(3) The Department of Justice shall create a program that is consistent with the purposes stated in subdivision (b) to exempt new models of competitive pistols that would otherwise fall within the definition of "assault weapon" pursuant to this section from being classified as an assault weapon. The exempt competitive pistols may be based on recommendations by USA Shooting consistent with the regulations contained in the USA Shooting Official Rules or may be based on the recommendation or rules of any other organization that the department deems relevant.

(d) The following definitions shall apply under this section:

(1) "Magazine" shall mean any ammunition feeding device.

(2) "Capacity to accept more than 10 rounds" shall mean capable of accommodating more than 10 rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

(3) "Antique firearm" means any firearm manufactured prior to January I, 1899.

(e) This section shall become operative January 1,2000.

Cal. Penal Code § 12280

(a) (I) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon, except as provided by this chapter, is guilty ofa felony, and upon conviction shall be punished by imprisonment in the state prison for four, six, or eight years.

(2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any assault weapon to a minor in violation of paragraph (1) shall receive an enhancement of one year.

(b) Except as provided in Section 12288, and in subdivisions (c) and (d), any person who, within this state, possesses any assault weapon, except as provided in this chapter, is gUilty of a public offense and upon conviction shall be punished by imprisonment in the state prison, or in a county jail, not exceeding one year ....

[Exceptions and mitigating circumstances (detailed under Cal. Penal Code §§ 12280(b)-(d), 12285, 12288, and elsewhere) have been omitted.]

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Appendix G

LeAv Model Law to Ban Assault Weapons

This Appendix is part of the report, Banning Assault Weapons - A Legal Primer for State and Local Action, a publication of Legal Community Against Violence.

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LCAV Model Law to Ban Assault Weapons

Legal Community Against Violence (LCA V) has developed a model assault weapon law that combines the best elements of assault weapon bans across the country, bringing together the strongest and most effective provisions into a single document. Based on our review of existing laws, judicial decisions, policy research, studies, and other gun violence prevention data, LCA V has created a comprehensive model to improve upon, and avoid the loopholes present in, many existing assault weapon laws.

Model laws provide a starting point - a framework from which state or local legislation can be drafted, reviewed, debated, and ultimately adopted. Every jurisdiction seeking to ban assault weapons - whether at the state or local level- must determine which provisions are politically viable and appropriate for its constituents.

LCAV's model has benefited tremendously from the complementary work of the Educational Fund to Stop Gun Violence (Ed Fund) and the Violence Policy Center - particularly with regard to the military origins and lethal nature of assault weapons. LCAV's model incorporates the important work of the Ed Fund to define assault weapons based on the key features that make these weapons particularly dangerous. 55 The principal elements of the LCA V model include:

• Definition of assault weapons. Based on a "single military feature test," the definition eliminates one of the weaknesses of the federal ban, and emphasizes high capacity and enhanced control during firing, consistent with the Ed Fund's analysis. • Ban on assault weapons. The manufacture, importation, possession, purchase and transfer of assault weapons are prohibited. • Ban on large capacity ammunition magazines. Also separately prohibited are the manufacture, importation, possession, purchase and transfer oflarge capacity ammunition magazines - feeding devices whose capacity greatly enhances the lethality of assault weapons and other fireanns. • Treatment of assault weapons already in circulation. Two options are included: (I) assault weapons already in circulation are banned and must be removed from the jurisdiction, rendered permanently inoperable, or surrendered for disposal to the appropriate law enforcement authority, an approach adopted by several local communities; or (2) "pre-ban" assault weapons must be registered with the appropriate law enforcement authority, a process included in a number of the state and local bans, but not in the federal ban.

Please note that not all local governments have the authority to regulate firearms, and that even when they do, such ordinances must be carefully tailored to ensure conformity with state law. For more information and assistance in drafting a ban, please contact LCA Vat (415) 433-2062, or via e-mail at [email protected].

55 LCAV would like to acknowledge the work of the Educational Fund to Prevent Gun Violence in developing a model assault weapon ban as a supplement to its report, Killing Machines - The Case/or Banning Assault Weapons, September 2003. Both documents can be found at: http://www.csgv.org/is5ues/assallltweapons/index.cfm.

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TEXT OF MODEL LAW TO BAN ASSAULT WEAPONS

Findings

[Findings in'support of a law are most effective when they are specific and localized. When possible, incorporating state and/or local data from law enforcement, the public health community, and the media is advised. General findings are included below.]

Whereas assault weapons are semi-automatic firearms designed with military features to allow rapid and accurate spray firing for the quick and efficient killing of humans;

Whereas assault weapons have been the weapon of choice in many mass shootings of innocent civilians;

Whereas assault weapon shootings are responsible for a significant percentage of the deaths of law enforcement officers killed in the line of duty;56

Whereas approximately 2 million assault weapons are already in circulation in the United States;S7

Whereas the wide availability of assault weapons is a serious risk to public health and safety;

Whereas most citizens - including most gun owners - support assault weapon bans and believe that assault weapons should not be available for civilian use;58

Therefore, the State legislature/County or City governing body hereby adopts the following:

2. Definitions

(a) "Assault weapon" means any:

(I) Semi-automatic or pump-action rifle that has the capacity to accept a detachable magazine and has one or more of the following: (i) A pistol grip; (ii) Any feature capable of functioning as a protruding grip that can be held by the non trigger hand; (iii) A folding, telescoping or thumbhole stock; (iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or (v) A muzzle brake or muzzle compensator.

56 Violence Policy Center, Officer Down- Assault Weapons and the War on Low Eriforcement, May 2003, ~7 U.S. Department of Justice, Bureau of Justice Statistics, Guns Used in Crime, 6, July 1995. S8 See, e.g., Americans for Gun Safety, Taking Back the Second Amendment: A Seven-Step Blueprint/or Democrats to Promote Responsibility and Win the Gun Vole, 7 (Oct. 2003) (citing a national poll of8021ikely 2004 presidential election voters conducted by Penn Schoen & Berland from October 1-6,2003); Consumer Federation of America, Consumers Strongly Support Renewing and Strengthening the Federal Assault Weapons Ban, Feb. 2004 (citing a national survey of more than 1,000 adult Americans conducted by Opinion Research Corporation International from February 18-22,2004, with a +/-3% margin of error); and The 2003 National Hunting Survey, Field & Stream, July 2003 (citing an informal survey of 2,897 readers).

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(2) Semi-automatic pistol, or any semi-automatic, centerfire rifle with a fixed magazine, that has the capacity to accept more than 10 rounds of ammunition;

(3) Semi-automatic pistol that has the capacity to accept a detachable magazine and has one or more of the following: (i) Any feature capable of functioning as a protruding grip that can be held by the non trigger hand; (ii) A folding, telescoping or thumbhole stock; (iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; (iv) A muzzle brake or muzzle compensator; or (v) The capacity to accept a detachable magazine at any location outside of the pistol grip;

(4) Semi-automatic shotgun that has one or more of the following: (i) A pistol grip; (ii) Any feature capable of functioning as a protruding grip that can be held by the non trigger hand; (iii) A folding, telescoping or thumbhole stock; (iv) A fixed magazine capacity in excess of 5 rounds; or (v) An ability to accept a detachable magazine;

(5) Shotgun with a revolving cylinder;

(6) Conversion kit, part, or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.

(b) "Assault weapon" does not include any firearm that has been made permanently inoperable.

[Note: Some jurisdictions exclude from the definition of "assault weapon" antique firearms (generally meaning firearms manufactured before 1899, although sometimes including replica firearms) and weapons designed for Olympic target shooting events. However, these exceptions are not required. Such categories of assault weapons also can be subject to registration rather than an outright ban.]

(c) "Detachable magazine" means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.

(d) "Large capacity magazine" means any ammunition feeding device with the capacity to accept more than 10 rounds, but shall not be construed to include any of the following:

(I) A feeding device that has been permanently altered so that it cannot accommodate more than 10 rounds.

(2) A 22 caliber tube ammunition feeding device.

(3) A tubular magazine that is contained in a lever-action firearm.

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(e) "Muzzle brake" means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.

(f) "Muzzle compensator" means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.

3. Prohibitions

(a) No person, corporation or other entity in the State/County/City may manufacture, import, possess, purchase, sell or transfer any assault weapon or large capacity magazine.

(b) Section (a) shall not apply to:

(I) Any government officer, agent, or employee, member of the anned forces of the United States, or peace officer, to the extent that such person is otherwise authorized to acquire or possess an assault weapon and/or large capacity magazine, and does so while acting within the scope of his or her duties; or

(2) The manufacture, sale or transfer of an assault weapon or large capacity ammunition feeding device by a fireanns manufacturer or dealer that is properly licensed under federal, state and local laws to any branch of the anned forces of the United States, or to a law enforcement agency in this State/County/City for use by that agency or its employees for law enforcement purposes.

[Option 1-Banning assault weapons already in circulation: Section (J)(c)]

(c) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall have 90 days from such effective date to do any of the following without being subject to prosecution:

(1) Remove the assault weapon or large capacity magazine from the State/County/City;

(2) Render the assault weapon permanently inoperable; or

(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement agency for destruction [subject to specific agency regulations].

(Option 2 - Registration of assault weapons already in circulation: Section (J)(c) through (g)]

(I) Remove the assault weapon or large capacity magazine from the State/County/City;

(2) Render the assault weapon permanently inoperable;

(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement agency for destruction [subject to specific agency regulations]; or

(4) If eligible, register the assault weapon as provided in subsection (d).

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(d) Any person seeking to register an assault weapon that he or she legally possessed prior to the effective date of this law must comply with the following requirements:

(1) Submit to a background check conducted by the appropriate law enforcement agency to confirm that he or she is not a prohibited purchaser under 18 U.S.C. § 922 [add the appropriate state and local citations];

(2) Unless the person is currently prohibited by law from possessing a firearm, immediately register the assault weapon with the appropriate law enforcement agency;

(3) Safely and securely store the assault weapon pursuant to the regulations adopted by the appropriate law enforcement agency. Law enforcement is authorized to inspect the storage of assault weapons to ensure compliance with this subsection;

(4) Annually renew the registration, subject to the completion of a new background check.

(5) Possess the assault weapon only on property owned or immediately controlled by the person, or while on the premises of a licensed gunsmith for the purpose of lawful repair, or while engaged in the legal use of the assault weapon at a duly licensed firing range, or while traveling to or from these locations, provided that the assault weapon is stored unloaded in a locked container during transport. The term "locked container" does not include the utility compartment, glove compartment, or trunk of a motor vehicle.

(6) Report the loss or theft of a registered assault weapon to the appropriate law enforcement agency within 48 hours of the time the discovery was made or should have been made.

(e) If a registered assault weapon is used in the commission of a crime, the registered owner shall be civilly liable for any damages resulting from that crime. The liability imposed by this subsection shall not apply if the assault weapon was stolen and the registered owner reported the theft of the firearm to law enforcement within 48 hours of the time the discovery was made or should have been made.

(f) Registered assault weapons may not be purchased, sold or transferred, except for transfer to a licensed gunsmi th for the purpose of lawful repair, or transfer to the appropriate law enforcement agency for the purpose of surrendering the assault weapon for destruction. Persons acquiring an assault weapon by inheritance, bequest, or succession shall, within 90 days of acquiring title, do one of the following:

(I) ModifY the assault weapon to render it permanently inoperable; or

(2) Surrender the assault weapon to the appropriate law enforcement agency for destruction [subject to specific agency regulations].

(g) Law enforcement may charge a fee for each registration and registration renewal pursuant to Section (c).

4. Penalties

[Penalties vary significantly based on the standards of each state and local government. States almost always make assault weapon violations a felony. Maximum penalties range from three to ]5 years in prison (but may be lower for first-time offenders), and a fine of several thousand dollars is sometimes an

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additional penalty, depending on the circumstances. Local penalties are usually limited to one year in jail and/or a $1,000 fine, although these penalties may be lower in some cases/jurisdictions. In almost all cases, the weapons are subject to seizure and destruction.]

S. Severability

If any provision or tenn of this Chapter is for any reason declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portions of this Chapter or any part thereof. The State/County/City hereby declares that it would have adopted this Chapter notwithstanding the unconstitutionality, invalidity or ineffectiveness of anyone or more of its articles, sections, subsections, sentences or clauses.

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Statement of Professors of Constitutional Law: The Second Amendment and the Constitutionality of the Proposed Gun Violence Prevention Legislation

January 30, 2013

Several proposed reforms to the nation’s gun laws, including universal background checks and restrictions on high-capacity ammunition magazines and assault weapons, are now pending before Congress. Concerns have been raised that these measures might violate the Second Amendment. We, the undersigned professors with expertise in constitutional law, write to address those concerns.

In 2008, the U.S. Supreme Court held that the Second Amendment, which provides, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed,” guarantees an individual’s right to have a functional firearm in the home for self-defense. The Court’s decision in that case, District of Columbia v. Heller, struck down a D.C. law that effectively barred the use of any firearm for self-defense. The law is now clear that the government may not completely disarm law-abiding, responsible citizens. The Court also made clear, however, that many gun regulations remain constitutionally permissible. “Like most rights,” the Court explained, “the right secured by the Second Amendment is not unlimited.” Writing for the Court, Justice Antonin Scalia explained that restrictions on “dangerous and unusual” weapons are constitutional and that “nothing in our opinion should be taken to cast doubt” on laws that prohibit “the possession of firearms by felons or the mentally ill” or laws that impose “conditions and qualifications on the commercial sale of arms.”

In this sense, Justice Scalia recognized in Heller that, like other constitutional rights, the Second Amendment is not an absolute. The First Amendment, for example, provides that “Congress shall make no law . . . abridging the freedom of speech,” but the Supreme Court has long and consistently held that some types of speech – for example, defamation, obscenity and threats – can be regulated; that some people – for example, public employees, members of the military, students and prisoners – are subject to greater restrictions on their speech than others; and that the government can reasonably regulate the time, place and manner of speech. As Justice Scalia explained in Heller, the rights guaranteed by the Second Amendment are likewise subject to appropriate regulation in order to enhance public safety.

In acknowledging the presumptive constitutionality of laws designed to prevent gun violence, including restrictions on who has access to firearms and what types of

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firearms they may have, Heller is consistent with the history of the right to keep and bear arms. The founding fathers who wrote and ratified the Second Amendment also had laws to keep guns out of the hands of people thought to be untrustworthy. Such laws were necessary to ensure that the citizen militia referenced in the Second Amendment was “well regulated.” In the 1800s, many states restricted the sale or public possession of concealable firearms. In the early twentieth century, the federal government restricted access to unusually dangerous weapons, such as machine guns, and states barred people convicted of certain felonies from possessing firearms. Laws such as these were routinely upheld by the courts, which recognized the legitimacy of legislative efforts to keep the most dangerous weapons out of the hands of the most dangerous people.

While the permissibility of any particular reform depends on its details, the reforms currently being considered by Congress are clearly consistent with the Second Amendment. We express no view on the effectiveness or desirability of the policies reflected in the various proposals, but we all agree that none infringes the core right identified by the Court in Heller.

Universal background checks, especially those conducted instantaneously through the National Instant Background Check System, do not impose a significant burden on law- abiding citizens. Yet background checks may provide an important safeguard against easy access to guns by members of criminal street gangs, other felons, and the mentally ill. As with other rights that have eligibility criteria, such as the right to vote, the right to keep and bear arms is not offended by neutral measures designed to ensure that only eligible, law-abiding citizens exercise the right. Moreover, background checks imposed at the point of sale are typical of the “conditions and qualifications on the commercial sale of arms” recognized by the Supreme Court in Heller.

Restrictions on the manufacture and sale of high-capacity ammunition magazines and assault weapons are also consistent with the Second Amendment. In a recent opinion authored by Judge Douglas Ginsburg and joined by Judge Karen Henderson, the U.S. Court of Appeals for the District of Columbia Circuit held that such regulations are consistent with the Second Amendment and with the Supreme Court’s decision in Heller. The court of appeals recognized such weapons and magazines are not necessary for individual self-defense—what Heller called the “core lawful purpose” of the Second Amendment. Restrictions on high-capacity magazines and assault weapons, the court of appeals held, do “not effectively disarm individuals or substantially affect their ability to defend themselves.” The Second Amendment, like the First Amendment, does not prevent lawmakers from enacting reasonable regulations that do not seriously interfere with the core right guaranteed by the Constitution.

The Supreme Court has clearly held that the Second Amendment preserves the right of law-abiding citizens to have a firearm in the home for self-defense. As both the historical tradition of the right to bear arms and the Court’s decision suggest,

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reasonable and limited measures to enhance public safety that do not unduly burden that right are consistent with the Second Amendment.

Signed,

Bruce Ackerman Sterling Professor of Law and Political Science, Yale Law School

Albert W. Alschuler Julius Kreeger Professor Emeritus, The University of Chicago Law School

Mitchell N. Berman Richard Dale Endowed Chair in Law, The University of Texas School of Law

Ashutosh Bhagwat, Professor of Law UC Davis School of Law

Joseph Blocher Associate Professor of Law, Duke Law School

Lee C. Bollinger President, Columbia University

Rebecca L. Brown Newton Professor of Constitutional Law, USC Gould School of Law

Alan Brownstein Professor of Law, Boochever and Bird Chair, UC Davis School of Law

Erwin Chemerinsky Dean and Distinguished Professor of Law, UC Irvine School of Law

Dan T. Coenen University Professor and Harmon W. Caldwell Chair, University of Georgia Law

Walter E. Dellinger III Douglas B. Maggs Emeritus Professor of Law, Duke Law School

Michael C. Dorf Robert S. Stevens Professor of Law, Cornell University Law School

Lee Epstein Provost Professor and Rader Family Trustee Chair in Law, USC Gould School of Law

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Richard A. Epstein Laurence A. Tisch Professor of Law, New York University School of Law

Daniel A. Farber Sho Sato Professor of Law, UC Berkeley School of Law

Owen M. Fiss Sterling Professor Emeritus of Law and Professorial Lecturer in Law, Yale Law School

Charles Fried Beneficial Professor of Law, Harvard Law School

Barry Friedman Jacob D. Fuchsberg Professor of Law, New York University School of Law

Risa Goluboff Justice Thurgood Marshall Professor of Law, The University of Virginia School of Law

Jamal Greene Professor of Law, Columbia Law School

H. Kent Greenfield Professor of Law and Law Fund Research Scholar, Boston College Law School

Ariela Gross John B. and Alice R. Sharp Professor of Law and History, USC Gould School of Law

Roderick M. Hills, Jr., William T. Comfort, III Professor of Law, New York University School of Law

Samuel Issacharoff Bonnie and Richard Reiss Professor, New York University School of Law

John C. Jeffries, Jr. David and Mary Harrison Distinguished Professor and former Dean, University of Virginia

Dawn Johnsen Walter W. Foskett Professor of Law, Indiana University Maurer School of Law

Mark R. Killenbeck Wylie H. Davis Distinguished Professor of Law, University of Arkansas School of Law

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Ronald J. Krotoszynski, Jr. John S. Stone Chair, Professor of Law, University of Alabama

Carlton F.W. Larson Professor of Law, UC Davis School of Law

Lawrence Lessig Roy L. Furman Professor of Law, Harvard Law School

Sanford V. Levinson W. St. John Garwood and W. St. John Garwood, Jr., Centennial Chair, University of Texas

William P. Marshall William Rand Kenan, Jr. Distinguished Professor of Law, University of North Carolina

Frank I. Michelman Robert Walmsley University Professor, Emeritus, Harvard Law School

Darrell Miller Professor of Law, University of Cincinnati College of Law

Alan B. Morrison Lerner Family Associate Dean, The George Washington University Law School

Gene R. Nichol Boyd Tinsley Distinguished Professor of Law, UNC School of Law

Spencer A. Overton Professor of Law, The George Washington University Law School

Eric Posner Kirkland & Ellis Distinguished Service Professor, The University of Chicago Law School

Lawrence Rosenthal Professor of Law, Chapman University School of Law

Theodore Ruger Professor of Law, University of Pennsylvania Law School

Jane S. Schacter William Nelson Cromwell Professor of Law, Stanford Law School

Stephen J. Schulhofer Robert B. McKay Professor of Law, New York University School of Law

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Neil S. Siegel Professor of Law and Political Science, Duke Law School

Reva Siegel Nicholas deB. Katzenbach Professor of Law, Yale Law School

Geoffrey R. Stone Edward H. Levi Distinguished Service Professor and former Dean, The University of Chicago

David A. Strauss Gerald Ratner Distinguished Service Professor of Law, The University of Chicago

Laurence H. Tribe Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School

Mark Tushnet William Nelson Cromwell Professor of Law, Harvard Law School

Jonathan D. Varat Professor of Law and former Dean, UCLA School of Law

Keith Wehran Ashton Phelps Chair of Constitutional Law, Tulane University School of Law

Adam Winkler Professor of Law, UCLA School of Law

University affiliation provided for identification purposes only.

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Case 1:13-cv-00291-WMS Document 81-7 Filed 06/21/13 Page 2 of 29 The Violence Policy Center (VPC) is a national non-profit educational organization that conducts research and public education on firearms violence and provides information and analysis to policymakers, journalists, grassroots advocates, and the general public. The Center examines the role of firearms in America, analyzes trends and patterns in firearms violence, and works to develop policies to reduce gun-related death and injury.

This report was authored by VPC Legislative Director Kristen Rand and VPC Policy Analyst Marty Langley. It was edited by VPC Publications Coordinator Aimée Stenzel and VPC Executive Director Josh Sugarmann.

This study was funded in part with the support of The David Bohnett Foundation, The California Wellness Foundation, The George Gund Foundation, The Joyce Foundation, The John D. and Catherine T. MacArthur Foundation, and The Streisand Foundation. Past studies released by the VPC include:

• Firearms Production in America 2002 Edition—A Listing of Firearm Manufacturers in America with Production Histories Broken Out by Firearm Type and Caliber (March 2003) • “Just Like Bird Hunting”—The Threat to Civil Aviation from 50 Caliber Sniper Rifles (January 2003) • When Men Murder Women: An Analysis of 2000 Homicide Data (October 2002) • No Deal: The Drop in Federally Licensed Firearms Dealers in America (September 2002) • Sitting Ducks—The Threat to the Chemical and Refinery Industry from 50 Caliber Sniper Rifles (August 2002) • License to Kill IV: More Guns, More Crime (June 2002) • American Roulette: The Untold Story of Murder-Suicide in the United States (April 2002) • The U.S. Gun Industry and Others Unknown—Evidence Debunking the Gun Industry’s Claim that Osama bin Laden Got His 50 Caliber Sniper Rifles from the U.S. Afghan-Aid Program (February 2002) • “A .22 for Christmas”—How the Gun Industry Designs and Markets Firearms for Children and Youth (December 2001) • Kids in the Line of Fire: Children, Handguns, and Homicide (November 2001) • Unintended Consequences: Pro-Handgun Experts Prove That Handguns Are a Dangerous Choice For Self-Defense (November 2001) • Voting from the Rooftops: How the Gun Industry Armed Osama bin Laden, Other Foreign and Domestic Terrorists, and Common Criminals with 50 Caliber Sniper Rifles (October 2001) • Shot Full of Holes: Deconstructing John Ashcroft’s Second Amendment (July 2001) • Hispanics and Firearms Violence (May 2001) • Where’d They Get Their Guns?—An Analysis of the Firearms Used in High-Profile Shootings, 1963 to 2001 (April 2001) • A Deadly Myth: Women, Handguns, and Self-Defense (January 2001) • Handgun Licensing and Registration: What it Can and Cannot Do (September 2000) • Pocket Rockets: The Gun Industry’s Sale of Increased Killing Power (July 2000) • Gunland USA: A State-by-State Ranking of Gun Shows, Gun Retailers, Machine Guns, and Gun Manufacturers (June 2000) • Guns For Felons: How the NRA Works to Rearm Criminals (March 2000) • One Shot, One Kill: Civilian Sales of Military Sniper Rifles (May 1999) • Cease Fire: A Comprehensive Strategy to Reduce Firearms Violence (Revised, October 1997)

Violence Policy Center 1140 19th Street, NW Suite 600 Washington, DC 20036

202-822-8200 phone 202-822-8205 fax www.vpc.org web

©May 2003 Violence Policy Center

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Introduction

In 1994, Congress passed, and President Clinton signed, a ban on the production of certain semiautomatic assault weapons as well as high-capacity ammunition magazines that hold more than 10 rounds. The law banned specific assault weapons by name and also classified as assault weapons semiautomatic firearms that could accept a detachable ammunition magazine and had two additional assault weapon design characteristics. The law is scheduled to end on September 13, 2004.

This study reveals the gun industry’s efforts to evade the 1994 ban and documents the significant threat assault weapons still pose to law enforcement. These facts make clear the need to not only renew, but also strengthen, the ban before it expires next year. Legislation will soon be introduced in the U.S. Congress to accomplish this goal. Without action this Congress, the 1994 law will expire in 2004.

Both President Bush and Attorney General Ashcroft have expressed support for the assault weapons ban. President Bush’s support for the ban has been longstanding. In October 2000, Bush campaign spokesperson Ray Sullivan told Salon magazine that he would expect then-candidate Bush to reauthorize the ban.1 That position was reiterated by Attorney General John Ashcroft during his confirmation hearings on January 17, 2001, when he stated, “It is my understanding that the president-elect of the United States has indicated his clear support for extending the assault weapon ban, and I would be pleased to move forward that position, and to support that as a policy of this president, and as a policy of the Justice Department.”2 Most recently, in April of this year, White House spokesperson Scott McClellan told Knight Ridder news service, “The President supports the current law, and he supports reauthorization of the current law."3

This study contains three sections. Section One: Assault Weapons, the Gun Industry, and Law Enforcement reveals how the firearms industry has evaded the current ban, and how assault weapons continue to pose a stark threat to America’s law enforcement personnel. Section Two: Law Enforcement Officers Killed in the Line of Duty by Assault Weapons, 1998 Through 2001 is a chart listing the known incidents of police officers killed by assault weapons, including year, state, manufacturer, model of assault weapon, and caliber. Section Three: Selected Incidents of Law Enforcement Officers Killed in the Line of Duty by Assault Weapons, 1998 Through

1 Jake Tapper, “Gore Shoots Blanks on Guns,” Salon, October 24, 2000.

2 “Day 2, Morning Session of a Hearing of the Senate Judiciary Committee,” Federal News Service, January 17, 2001.

3 Shannon McCaffrey, “In Surprise Move, Bush Backs Renewing Ban on Assault Weapons,” Knight Ridder/Tribune News Services, April 12, 2003.

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2001 offers expanded narratives for 15 of the law enforcement shootings that occurred during this period. Each narrative also includes a representative illustration of the model of assault weapon used in the shooting (each weapon shown is representative of the brand or model of assault weapon and may not be identical to the specific weapon used in the shooting detailed in the narrative).

Section One: Assault Weapons, the Gun Industry, and Law Enforcement

Assault Weapons: A Clear Threat to Law Enforcement

A primary stimulus for the 1994 law was the severe threat that assault weapons pose to law enforcement officers. Police and other law enforcement personnel were some of the first victims of the assault weapon trend that emerged in the 1980s. For example, in October 1984, a San Jose, California, police officer was gunned down with an UZI carbine. In a high-profile shootout in April 1986, two agents from the Federal Bureau of Investigation (FBI) were killed by robbery suspects wielding a Ruger Mini-14 assault rifle. Five other agents were wounded in the gun battle. As high- capacity assault weapons became more commonplace, police routinely complained that they were being outgunned by suspects. As a result, major law enforcement organizations supported passage of the 1994 federal assault weapons ban.

In 1995, the first full year in which the ban was implemented, police continued to be victims of assault weapons. Approximately one in 10 of the 74 law enforcement officers killed in the line of duty in 1995 was slain with a banned assault weapon.4

The Gun Industry Evades the Law

Immediately after the 1994 law was enacted, the gun industry moved quickly to make slight, cosmetic design changes in their “post-ban” guns to evade the law, a tactic the industry dubbed “sporterization.” Of the nine assault weapon brand/types listed by manufacturer in the law,5 six of the brand/types have been re-marketed in new,

4 Cop Killers: Assault Weapon Attacks on America’s Police, Violence Policy Center, September 1995.

5 The law states, “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

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“sporterized” configurations.6 In fact, gunmakers openly boast of their ability to circumvent the assault weapons ban. Their success is described in an August 2001 Gun World magazine article about the new Vepr II assault rifle, a “sporterized” version of the AK-47:

In spite of assault rifle bans, bans on high capacity magazines, the rantings of the anti-gun media and the rifle’s innate political incorrectness, the Kalashnikov [AK-47], in various forms and guises, has flourished. Today there are probably more models, accessories and parts to choose from than ever before.

Equally blunt was an article in the May 2003 issue of Gun World reviewing the LE Tactical Carbine, a post-ban, “sporterized“ AR-15 clone:

Strange as it seems, despite the hit U.S. citizens took with the passage of the onerous crime bill of 1994 [which contained the federal assault weapons ban], ARs are far from dead. Stunned momentarily, they sprang back with a vengeance and seem better than ever. Purveyors abound producing post-ban ARs for civilians and pre-ban models for government and law enforcement agencies, and new companies are joining the fray.7

Just such a post-ban AR, the Bushmaster XM15 M4 A3 assault rifle, was used by the Washington, DC-area snipers to kill 10 and injure three in October 2002. The Bushmaster is the poster child for the industry’s success at evading the ban. The snipers’ Bushmaster is even marketed as a “Post-Ban Carbine.” [Please see page four for catalog copy.]

The industry’s efforts have been aided by the fact that not all assault weapons are covered by the 1994 ban. For example, assault weapons with more conventional designs, such as the Ruger Mini-14, were not covered by the 1994 law—although gun experts define them as assault weapons. Furthermore, any gun that was legally possessed as of the date the 1994 law took effect may still be legally possessed and

FNC; (vi) SWD —10, 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....”

6 Assault weapons that have not been reintroduced are the Beretta AR70, Street Sweeper and Striker 12 assault shotguns (the latter two guns were re-classified by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as subject to the strict regulations of the National Firearms Act of 1934), and Steyr AUG, although Steyr has begun marketing a new assault weapon—the Vector—that, like the AUG, is of a bullpup design.

7 “Rock River’s LE Tactical Carbine,” Gun World (May 2003), p. 50.

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4 Bushmaster Rifles .. Carbines Internet: WIf¥VVY'.bushnaaster.c:otn BushDlaster XM1S M4 Type 1611 Post-Ban carbine•.• M4 ProfiLe BarreL· Mini Y Comp Muzzle Brake' Fixed Length BATF Approved TeLe-style Stock

A npw rnodt>l from ~usllmaster in 2001. this XMI5 E2S M4 lYPe Post-Ban Carbine features a lightweight 14.5- Bdrrel ITldLllilied ill the ui~l"'Llivt' M4 ~."ulile with a permanently atU"lched Mini Y Comp muzzle brake. Tho:; configuration yield,. a total barrcllength of 16' to comply VVlth Post -Ban regulations. A BATF approved fixed tele-style buttstod< is i'lrldPd to complete the military look of this new carbine. The 14.5- barrel is chrome lined in both bore dlld c.lkllIIl.Jer fur rrldllilllUITl lur'<.jevily d"U ed~ uf maintenance. M. The barrel's button rifling. in a 1 II 9" right hand tvvi,.t, will ,.tabilizc;] PTQfil ~ wide range of currently available ammunition with bullet weights up Chrome to b<,l fJrains Ihe MlhAI ri,,,,,i roj">f'"rtllrp. (Pror <;iqhl <;y<;IPm offf'«; hath lined 8 a rrel windage dnd elevation ddju~llllerlb. - e""vdli...,., i~ LdlilJ'dled f,urn 300 & MiniY Comp to 800 meters. The two different ilfX'rtUrc-:; give either il short range, Mu zz l ~ Brake quid: target acquisition sight picture or a smaller "peep" aperture iliun ""'u I'd~ ~" BATF app,oved for use on Post-Ban milnufactured c')rbincs SPECIFICATIONS: As with all other Bushmasters, the forged 7075T6 XM1S M4 Type 16" aim-roft 'l"rolity rollFmintlm rf'("f'ivp«; rorf' finishPd in a non Post-Ban Carbine refle<..tive lIli!. ~J.)eL . "diU d l oucJi.£e fu, uU'dIJility, and include all M 16A2 design improvements such ~r"'f"'""";,y~....mtn, ...... as cartridge case deflector, last round bolt (00:""" .... "'161)'1><) L""!!'h }JI.l'I75 ro- ($8.6<;m) hold-opPn ronri r-'li<.Pri rioigp~ tnr I"Tl-'Ig-'l7inf' .....~ ~ 0.-" 8.Yn!IUongrh 16'lOI.'lIw.MiniYC"..,., releil5e buttun pruleLliulI. A '[IiI. ~ (40.6=) manganese phosph,)te cO,)ting insures complete protection rogroin<;1 rorro<;ion or rtl<;t on wr l e l ",rlu ull'e' elll-'sling, and Operator's Safety ronnln<;tn,rtion M<'Inurol BU5hm~5ter XM15 E2S M4 1)tpe 'fiR Pan-Ban Carbine BATF Approved, {Model Number PCWAlX 14M4MY) Fixed Position, Call your FFL Dealer for Price. Te/e-StyJe ShipPQd with 10 Round Magazine, Buttstock Sling and Operator's Manual in BU5hmarter's loc:kable riflc casc.

This new carbine is also available in em .. A3" type modeL including the Bushmaster riat-top Upper Re

Bushmaster Value ! .. , AI complete 9ushm<>ster Rifles "nd ORDERS 24 hrs. ( "'h'",", ""' shopped on thIS foam lined. 1,,,,0 pla~tjc, 1ocl<:...t>Ie Cd""". 1 aoo 998 7928 A $14.95 V,,'u ~1

The Bushmaster XM15 used by the Washington, DC-area snipers to kill 10 and wound three in October 2002 is the poster child for the gun industry’s cynical efforts to circumvent the federal assault weapons ban. Maine-based Bushmaster even advertises the gun—based on the banned Colt AR-15 assault rifle—as a “Post-Ban Carbine.”

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transferred without restriction. With respect to high-capacity ammunition magazines, manufacturers stockpiled thousands, or perhaps hundreds of thousands, of magazines before the ban took effect. Those magazines—some of which can hold up to 75 rounds of ammunition—are still widely available.

Still a Threat to Police—One in Five Law Enforcement Officers Slain in the Line of Duty is Killed With an Assault Weapon

The gun industry’s evasion of the 1994 ban on assault weapons and high-capacity ammunition magazines continues to put law enforcement officers at extreme risk. Using data obtained from the Federal Bureau of Investigation, the Violence Policy Center has determined that at least 41 of the 211 law enforcement officers slain in the line of duty between January 1, 1998, and December 31, 2001, were killed with assault weapons.8 Using these figures, one in five law enforcement officers slain in the line of duty was killed with an assault weapon.

While no comprehensive information is yet available for the years 2002 and 2003, it is clear that law enforcement personnel continue to be killed by assault weapons. For example, on February 20, 2003, in Alexandria, Louisiana, two police officers were killed in an ambush with an AK-47-type assault rifle. Anthony Molette, age 25, had a long criminal history, including a charge of attempted first-degree murder. The day before the murders, Molette opened fire on an officer in his patrol car. The officer was not hurt, but 18 to 20 rounds were fired into the vehicle. Molette bragged to his friends about the shooting, prompting Alexandria police to search for him. When officers arrived at Molette’s residence to serve a warrant, Molette opened fire, fatally wounding Officers Charles Ezernack, age 26, and Jeremy “Jay” Carruth, age 29. Molette was shot and killed as he charged two other police officers.9

The fact that from 1998 through 2001 one in five law enforcement officers slain in the line of duty was killed with an assault weapon indicates that the ban in its current form is inadequate to protect police and the public from the hazards presented by assault weapons.

8 The Federal Bureau of Investigation data does not identify the firearm used in some instances, in those cases the type of firearm is listed as “unknown.” Therefore, the number of law enforcement officers killed with assault weapons may actually be higher. (This figure does not include the 72 law enforcement deaths that resulted from the events of September 11, 2001. The foreword of the FBI’s Law Enforcement Officers Killed and Assaulted, 2001 states, ”Because a catastrophe such as the September 11 attacks falls far outside the normal course of police experience, the FBI has not included those fatalities in the 2001 rate, trend, or disposition tables for to do so would skew the data and render analyses meaningless.”) The year 2001 is the most recent year for which complete information is available from the FBI.

9 “Police Killings Baffling,” State-Times/Morning Advocate, February 22, 2003.

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According to the Urban Institute’s 1997 study of the effects of the 1994 ban,10 “the relatively high use of assault weapons in murders of police suggests that police gun murders should be more sensitive to the effects of the ban than gun murders of civilians.” The stark reality that murders of law enforcement personnel committed with assault weapons have not abated demonstrates the need to not only renew, but significantly strengthen, the current ban.

10 Roth and Koper, Impact Evaluation of the Public Safety and Recreational Firearms Use Protection Act of 1994 Final Report, Urban Institute, March 13, 1997.

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Section Two: Law Enforcement Officers Killed in the Line of Duty by Assault Weapons, 1998 Through 2001

Year State Manufacturer Model Caliber

1998 Alaska Colt AR-15 7.62mm

Georgia Iver Johnson M1 Carbine .30

Oregon Norinco SKS11 7.62mm

New York Unknown MAC-11 9mm

California Armalite M151A .223

Mississippi Colt AR-15 .223

Michigan DPMS, Inc. AR-15 .223

Florida Unknown SKS 7.62mm

Colorado Unknown SKS 7.62mm

Texas Unknown AR-15 .223

Missouri Unknown MAK 90 7.62mm

California Ruger Mini-14 .223

Indiana Norinco SKS 7.62mm

1999 California Ferunion/Hungarian SA85 7.62mm Arms

Indiana Norinco SKS 7.62mm

11 The SKS is not banned by name under the 1994 federal assault weapons ban. Only SKS rifles that were modified to be defined as an assault weapon under Section (B) of the law were affected by the ban. Section (B) defines a “semiautomatic assault weapon” as “a semiautomatic rifle that has an ability to accept a detachable ammunition 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....” Legislation to be introduced this Congress would explicitly ban any SKS able to accept a detachable ammunition magazine. Unless otherwise stated, the exact configuration of SKS weapons used in police shootings cited in this study cannot be determined.

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Year State Manufacturer Model Caliber

New Jersey Intratec TEC-9 9mm

Arizona Unknown AK-47 7.62mm

California Norinco MAK 90 7.62mm

Oklahoma Colt AR-15 H-BAR .223

Texas Norinco MAK 90 Sporter 7.62mm

Texas Norinco MAK 90 7.62mm

2000 North Carolina Maadi ARM 7.62mm

Georgia Ruger AR-1512 .223

California Colt CAR-15 .223

Texas Ruger Mini-14 .223

Georgia Intratec TEC-9 9mm

Maryland Unknown M1 Carbine .30

2001 California Unknown AR-15 .223

Florida SWD, Inc. M-11 9mm

Indiana Unknown AK-47 7.62mm

Kentucky Underwood M1 Carbine .30

Michigan Unknown SKS 7.62mm

Tennessee Maadi MAK 90 7.62mm

Texas Unknown M-11 9mm

Texas Norinco SKS 7.62mm

Utah Norinco SKS 7.62mm

12 Inconsistency between manufacturer and weapon type from FBI data.

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Section Three: Selected Incidents of Law Enforcement Officers Killed in the Line of Duty by Assault Weapons,13 1998 Through 2001

13 Each weapon shown is representative of the brand or model of assault weapon and is not a picture of the specific weapon used in the shooting described in the narrative.

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Date: January 27, 1998

Location: Portland, Oregon

Assault Weapon: Norinco SKS 7.62mm rifle

On January 27, 1998, one police officer was killed and two were wounded with a Norinco SKS 7.62mm rifle. The officers, working on a drug investigation in Portland, entered the home of Steven Douglas Dons and were met with gunfire. Colleen Waibel, a six-year veteran, was hit with multiple gunshots, becoming the first female officer killed in the line of duty in Portland. Kim Keist, a 15-year veteran, was wounded in the chest and arm despite wearing a bullet-proof vest. A third officer was treated for a gunshot wound to the hand. A neighbor reported that Dons was known to have a large arsenal of weapons and that police had been called to the house weeks before on a complaint of weapons being fired. Dons committed suicide while awaiting trial.

Lauren Dodge, “Three Portland Officers Ambushed at House; One Dead, Two Wounded,” Associated Press, January 28, 1998; “Victim, Husband Have Mixed Feelings Over Apparent Suicide of Suspect,” The Columbian, February 26, 1998.

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Date: April 25, 1998

Location: Millbrae, California

Assault Weapon: Armalite M151A .223 rifle

On April 25, 1998, one police officer was killed with an Armalite M151A .223 rifle. Officer David Chetcuti responded to another officer’s call for help in a traffic stop on the Millbrae Avenue off-ramp of U.S. 101. Officer Seann Graham had pulled over Marvin Patrick Sullivan for not having a current registration sticker for his vehicle. Sullivan, who was heavily armed and had bombs strapped to his body, opened fire, wounding Officer Chetcuti. Chetcuti returned fire hitting the suspect once in the side before being killed by two shots to the head from close range. Several of the bullets penetrated Chetcuti’s bullet-proof vest, and more than 40 bullet casings were recovered at the scene. Officer Graham escaped harm by diving into a drainage ditch. Sullivan was arrested after leading several police cars in a chase across the San Mateo Bridge. Sullivan has been repeatedly declared incompetent to stand trial, and sent to a California state mental hospital.

Tyche Hendricks and Jim Herron Zamora, “Cop Killing: No Fremont Tie,” San Francisco Examiner, April 27, 1998; “Judge: Man isn't competent; Defendant Sent Back to Hospital in Millbrae Cop Slaying Case,” San Jose Mercury News, July 23, 2002.

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Date: May 29, 1998

Location: Cortez, Colorado

Assault Weapon: SKS 7.62mm rifle

On May 29, 1998, one police officer was killed and two were wounded with an SKS 7.62mm rifle. Officer Dale Claxton stopped a truck that had been reported stolen the day before. As Officer Claxton was checking the stolen truck’s license plate, a passenger in the truck fired approximately 40 rounds through the front of Claxton’s police cruiser. Montezuma County Sheriff’s Deputy Jason Bishop responded to the radio call of an officer being shot, and was wounded as his cruiser was hit with approximately 40 more rounds from the SKS. Minutes later, Deputy Todd Martin was wounded in the left arm and right leg. The three suspects, described by authorities as “anti-government, end-of-the-world-fearing survivalists,” escaped into Colorado. Two of the suspects were later found dead, while the third, Jason Wayne McVean, is still at large.

Greg Burton, “Posse Scours Badlands for 3 Cop Killers,” Salt Lake Tribune, May 31, 1998; Julie Cart, “Answers Vanished Along With Four Corners Outlaw,” Los Angeles Times, November 24, 1999.

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Date: July 7, 1998

Location: San Benito, Texas

Assault Weapon: AR-15 .223 rifle

On July 7, 1998, two U.S. Border Patrol agents were killed with an AR-15 .223 rifle. Ernie Moore, reportedly enraged over a broken love affair, shot and wounded Dan Morin, who had been dating Moore’s former girlfriend, and killed Morin’s mother and sister. Two hours later, a shootout ensued between Moore and police officers resulting in the death of two Border Patrol agents before Moore was fatally wounded. In addition to a cocaine habit, Moore had a history of emotional problems and displayed Nazi posters and photos of Adolf Hitler in his bedroom.

James Pinkerton, “Two Border Patrol Agents Are Slain During Rampage,” Houston Chronicle, July 8, 1998; “Assault Rifle Costs Border Town $35M,” National Law Journal, March 4, 2002.

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Date: November 29, 1998

Location: Los Angeles, California

Assault Weapon: Ruger Mini-14 .223 rifle

On November 29, 1998, Los Angeles Police Department training officer Brian Brown was killed with a Ruger Mini-14 .223 rifle. Brown and his partner witnessed a drive-by shooting in Culver City and attempted to stop the suspects. The gunmen fired multiple rounds from the Mini-14, killing Officer Brown. Police shot and killed one of the suspects near the scene while the other managed to commandeer a taxi, leading police on a five-mile chase before also being fatally wounded.

Anthony Breznican, “Three Dead, Including Police Officer, During Violent Arrest for Drive-By Shooting,” Los Angeles Times, December 1, 1998.

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Date: January 10, 1999

Location: Oakland, California

Assault Weapon: MAK-90 or SA85 7.62mm rifle

On January 10, 1999, Officer James Williams was killed with a MAK-90 or SA85 7.62mm rifle. Officer Williams was among a group of officers who were searching for a rifle that had been discarded by the occupants of a vehicle that was involved in a chase with police. While they were searching for the rifle, a gunman opened fire from a nearby overpass, killing Officer Williams. Chad Rhodes was arrested and charged with special-circumstances murder, attempted murder, three counts of firing an assault weapon, and possessing an assault weapon. Rhodes pleaded guilty to second-degree murder and was sentenced to life in prison without parole.

Henry K. Lee, “Arrest in Oakland Sniper Slaying,” San Francisco Chronicle, January 12, 1999; Henry K. Lee, “Sniper Suspect Enters Plea of Not Guilty,” San Francisco Chronicle, February 6, 1999; “Man Pleads Guilty in Killing of Oakland Cop,” San Francisco Chronicle, April 9, 2003.

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Date: April 8, 1999

Location: Orange, New Jersey

Assault Weapon: TEC-9 9mm pistol

On April 8, 1999, Officer Joyce Carnegie was killed with a TEC-9 9mm pistol. Condell Woodson pleaded guilty to felony murder in the death of Officer Carnegie. Woodson claimed that his gun accidentally went off, shooting Carnegie in the head and abdomen as she was attempting to arrest Woodson for armed robbery. Woodson also pleaded guilty to robbery and weapons offenses. Carnegie was the second policewoman killed in the line of duty in New Jersey history.

Amy Westfeldt, “Man Pleads Guilty to Policewoman’s Murder,” Associated Press, May 13, 1999.

TEC·9 SERIES.•. RUGGED, RELIABLE, AFFORDABLE.

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Date: June 12, 1999

Location: Orange County, California

Assault Weapon: MAK-90 or SA85 7.62mm rifle

On June 12, 1999, Sheriff’s Deputy Brad Riches was killed with a MAK-90 or SA85 7.62mm rifle. Deputy Riches was sitting in his patrol car outside a 7-Eleven when his police cruiser was riddled with assault weapon fire. The 7-Eleven clerk said that a customer told him he was carrying an AK-47-style assault rifle to shoot a police officer. Maurice Steksal was convicted on November 19, 2002 of the first-degree murder of Deputy Riches.

Jack Leonard, “Thousands Pay Last Respects to Slain Deputy,” Los Angeles Times, June 17, 1999; Greg Hardesty, “Laborer Guilty of Deputy’s Murder,” Orange County Register, November 20, 2002.

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Date: January 27, 2000

Location: Lexington, North Carolina

Assault Weapon: Maadi 7.62mm rifle

On January 27, 2000, Sheriff’s Deputy Todd Cook was killed with a Maadi 7.62mm rifle. Deputy Cook was serving a warrant at the home of Christopher Lee Cooper who had been accused of trespassing and was also wanted by Lexington police for questioning about a statutory rape. Deputy Cook was shot at least five times from behind. After the shooting, Cooper led police on a car chase that ended when he crashed through a roadblock. Officers found Cooper dead in the car from a self-inflicted gunshot wound.

“Piedmont Community Mourns Loss of Slain Deputy,” Associated Press, January 29, 2000.

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Date: August 3, 2000

Location: San Marcos, Texas

Assault Weapon: Ruger Mini-14 .223 rifle

On August 3, 2000, State Trooper Randall Vetter was killed with a Ruger Mini-14 .223 rifle. Trooper Vetter stopped 72-year-old Melvin Hale for not wearing his seat belt. Hale got out of his car and aimed his rifle at Vetter because he believed the traffic stop violated his constitutional rights. Vetter raised his pistol and ordered him to put down his gun. Hale fired at least twice, hitting Vetter in the head as he sat in his patrol car. Six months earlier, another San Marcos trooper had written a letter warning Hays County law enforcement officers to exercise caution around Hale. The trooper said Hale had threatened him with a rifle when he stopped at Hale’s ranch to ask about deer hunting on the 125-acre property. Hale pleaded guilty to the shooting and was sentenced to life in prison.

Jason Spencer, “A Somber Salute for a Fallen Officer,” Austin American-Statesman, August 9, 2000; “Trooper's Shooter Gets Life Sentence; 74-year-old Accepted Surprise Plea Agreement as Jury Selection Began,” Austin American-Statesman, January 24, 2002.

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Date: March 29, 2001

Location: San Antonio, Texas

Assault Weapon: M-11 assault pistol

On March 29, 2001, San Antonio Police Officer Hector Garza, age 48, was shot and killed while responding to a domestic disturbance report. Jessica Garcia, age 21, had called police to ask for an officer’s protection while she moved out of her home. When Garcia’s husband, Frank, learned of her plans, he drove home and killed both Jessica and Officer Garza—a 25- year police veteran—by shooting them both in the head with an M-11 assault pistol. Frank Garcia, 28, was arrested at the scene and charged with two counts of capital murder and three counts of attempted murder. Garcia was convicted of the murders in February 2002.

Bill Hendricks, “Cop’s Slaying Stuns City,” San Antonio Express-News, March 30, 2001; “Garcia Gets Death Penalty; Cop Killer Sentenced,” San Antonio Express-News, February 12, 2002.

MU-9mm

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Date: April 4, 2001

Location: Detroit, Michigan

Assault Weapon: SKS assault rifle

On April 4, 2001, Detroit Police Officer Neil Wells, age 41, was fatally shot during a drug raid at an abandoned apartment house. While on patrol, Wells and his partner received a complaint of drug sales at the building. When the officers arrived, the gunman was waiting in ambush behind a door. Wells was shot twice at close range with an SKS assault rifle. Lamont Smith, age 21, was charged with murder and felony firearm violations. Smith was convicted of second degree murder and sentenced to 60 to 90 years in prison.

Norman Sinclair, “Gun Owner Sought in Cop’s Killing,” The Detroit News, April 8, 2001; “Man Given 60-90 Years in Cop Killing,” Detroit Free Press, January 16, 2002.

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Date: September 6, 2001

Location: Hamilton County, Tennessee

Assault Weapon: MAK 90 assault rifle

On September 6, 2001, Hamilton County Sheriff’s Deputy Donald Bond, age 35, was shot and killed when he stopped at a fruit and vegetable stand to check on a suspicious vehicle. When Deputy Bond did not respond to a 2:18 AM call from his dispatcher, an alert was sent out to locate him. A fellow deputy found Bond dead beside his patrol car, shot multiple times with an MAK 90 assault rifle. Later that morning, acting on a tip, a SWAT team evacuated the suspect’s street and waited for a chance to make an arrest. After observing Marlon Duane Kiser, age 31, throw out a front panel of body armor and Deputy Bond’s service weapon, police arrested Kiser and charged him with first-degree murder. Kiser is awaiting trial in the case.

Mike O’Neal and Gary Tanner, “Suspect Held in Deputy’s Death,” Chattanooga Times Free Press, September 7, 2001; “Law Enforcement Officers Killed and Assaulted, 2001,” Federal Bureau of Investigation; “Courts News Digest,” Chattanooga Times Free Press, February 18, 2003.

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Date: September 17, 2001

Location: Indianapolis, Indiana

Assault Weapon: AK-47 assault rifle

On September 17, 2001, Marion County Sheriff’s Deputy Jason Baker, age 24, was killed during a car chase and gun battle. On his way to a report of a domestic dispute, Deputy Baker tried to make a traffic stop. The driver refused to stop and a chase ensued. Allen Dumperth, a convicted felon, and Michael Shannon, both age 20, fired at Baker from their fleeing car. When Baker’s fellow officers found him, he was dead from a gunshot wound to the head. The front and rear windows of his patrol car were shot out. After crashing his car, Dumperth was shot and killed by members of the police SWAT team. Shannon later pleaded guilty in court to shooting Deputy Baker.

Vic Ryckaert, “Role in Deputy Death Brings 40 Years; 21-Year-Old Bought the Assault Rifles Used by 2 Men Accused in Slaying of Jason Baker,” Indianapolis Star, April 11, 2002.

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Date: November 13, 2001

Location: Nicholasville, Kentucky

Assault Weapon: M1 Carbine

Jessamine County Sheriff’s Deputies Billy Ray Walls, age 28, and Chuck Morgan, age 51, were shot and killed, and another deputy was wounded, when they tried to serve a warrant for misdemeanor terroristic-threatening to Phillip Walker, age 75, on his drydocked houseboat. Walker had threatened to kill a family member with a gun. While in the houseboat with the deputies, Walker fired 11 shots from a 30-caliber M1 Carbine, killing Deputy Walls and fatally injuring Deputy Morgan. Walker was killed in the gun battle.

Greg Kocher, “Man Who Killed Deputy Fired 11 Times Police Say,” Lexington Herald Leader, November 15, 2001.

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~1 " 1 C"I. .11 Ca rbine ~ h lolding "' ~! ... <:lock

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Mother Jones More Than Half of Mass Shooters Used Assault Weapons and High-Capacity Magazines Congress considers banning weapons that have caused carnage in shopping malls, schools, and city streets.

By Mark Follman, Gavin Aronsen, and Jaeah Lee | Wed Feb. 27, 2013 4:01 AM PST

The political fortunes of the Assault Weapons Ban of 2013 [1] have looked dim [2] from the start. But as Congress considers the new legislation put forth by Sen. Dianne Feinstein (D-Calif.), one thing is clear: If it were to pass, the bill would outlaw highly lethal firearms that dozens of mass shooters in the United States have used to unleash carnage.

More than half of the killers we studied in our investigation of 62 mass shootings over the last three decades [3] possessed weapons that would be banned by Feinstein's bill, including various semiautomatic rifles, guns with military features, and handguns using magazines with more than 10 rounds. The damage these weapons can cause has been on grim display since last summer, from Aurora to Milwaukee to Minneapolis to Newtown, where attacks carried out with them left a total of 118 people injured and dead [4].

Ultimately, "assault weapon" and "high-capacity magazine" are political terms—there is no official or widely accepted definition [5] "They got the most for either, and different legislation has treated them differently [6]. shots," said a Feinstein's new bill seeks to improve upon the 1994 ban she authored, Chicago teenager which expired in 2004; gun manufacturers easily sidestepped that law who prefers high- [7] by making superficial modifications to their weapons. capacity magazines. "You The new legislation aims to outlaw weapons that let a shooter fire a can shoot forever." large number of bullets quickly without having to reload. Law enforcement officials we consulted generally considered that to be a reasonable approach for distinguishing between firearms used for sport or self-defense and military-style weapons designed to maximize body counts.

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Using the parameters of the new bill, we dove deeper into the data on mass shootings that we first began gathering in July after the slaughter at the movie theater in Aurora, Colorado. We dug up additional specific details on the perpetrators' guns and ammunition devices (often elusive, particularly with older cases). In our initial analysis we had used broader criteria for "assault weapons," including some modified shotguns and bolt-action rifles; now, our more detailed chart and data set use four categories of firearms: semi-automatic handguns, rifles, revolvers, and shotguns. Across those four categories, we account for assault weapons and guns using high-capacity magazines that would be specifically outlawed by the new legislation. The data includes all guns recovered at the scene in each case, though not all of them were used in the crimes. Using this criteria we found:

z 42 guns with high-capacity magazines, across 31 mass-shooting cases

z 20 assault weapons, across 14 mass-shooting cases

z 33 cases involving assault weapons or high-capacity magazines (or both)

A total of 48 of these weapons (accounting for the overlap between the two categories) would be illegal under the new legislation.*

Feinstein's Assault Weapons Ban of 2013 isn't just about mass shootings, of course. By far the most common weapons used in these cases are semi-automatic handguns—the type of weapon also at the heart of the daily gun violence plaguing American communities [8]. Banning high-capacity magazines may be especially key with regard to these guns, not only because they're popular among mass shooters, but also because they tend to increase casualties in street violence, as a veteran ATF agent explained [6] to us in a recent interview.

The devices have appeal on the streets. A Chicago high school student [9] recently described his preference for 30-round magazines to a reporter for This American Life: "They got the most shots. You can shoot forever. Let out 15. Run back to where you going. Somebody else come out and let out five more. There you go."

Don't miss our yearlong investigation into gun laws and mass shootings [10]. And click here for the full view [11] of the below data set.

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Mother Jones' Investigation: Assault Weapons and High-Capacity Magazines Guns with high-capacity Assault weapons Case & location Date Guns possessed magazines per Feinstein bill

Sandy Hook Elementary - 12/14/2012 10mm Glock, 9mm SIG 4 2 Accent Signage Systems 9/27/2012 9mm Glock semiautoma 10 Sikh temple - Oak Creek, W 8/5/2012 9mm Springfield Armory 10 Aurora movie theater - CO 7/20/2012 Two .40-caliber Glock se 21 Seattle cafe - WA 5/20/2012 Two .45-caliber semiaut unknown 0 Oikos University - Oaklan 4/2/2012 .45-caliber semiautomat 00 Su Jung Health Sauna - N 2/22/2012 .45-caliber semiautomat unknown 0 Hair salon - Seal Beach, C 10/14/2011 .45-caliber Heckler & Ko unknown 0 IHOP - Carson City, NV 9/6/2011 AK-47 Norinco Arms var 22 Tucson shooting - AZ 1/8/2011 9mm Glock 19 semiauto 10 Hartford Distributors - Ma 8/3/2010 Two 9mm Ruger SR9 se 10 Coffee shop - Parkland, W 11/29/2009 9mm Glock 17 semiauto unknown 0 Fort Hood massacre - TX 11/5/2009 FN Five-seveN semiauto 10 Immigration center - Bing 4/3/2009 9mm Beretta, .45-calibe 10 Nursing home - Carthage, 3/29/2009 Winchester 1300 pump- 00 Atlantis Plastics - Hender 6/25/2008 .45-caliber Hi-Point sem unknown 0 Northern Illinois Universit 2/14/2008 9mm Glock 19, Hi-Point 30 City Council - Kirkwood, W 2/7/2008 .40-caliber Smith & Wes unknown 0 Westroads Mall - Omaha 12/5/2007 WASR-10 Century Arms 11 Homecoming party - Cran 10/7/2007 AR-15 SWAT semiautom unknown 1 Virginia Tech - Blacksburg 4/16/2007 9mm Glock 19, .22-calib 20 Trolley Square - Salt Lake 2/12/2007 Mossberg Maverick 88 F 00 Amish school - Lancaster 10/2/2006 Springfield semiautomat unknown 0 Capitol Hill afterparty - Se 3/25/2006 .40-caliber Ruger, one o unknown 1 Goleta post office - CA 1/30/2006 9mm Smith & Wesson 9 10 Red Lake Senior High Sch 3/21/2005 .40-caliber Glock 23, .22 unknown 0 Living Church of God - Br 3/12/2005 9mm Beretta semiautom unknown 0 Damageplan show - Colum 12/8/2004 9mm Beretta 92FS sem unknown 0 Lockheed Martin - Meridia 7/8/2003 .45-caliber Ruger P90 s unknown 0 Navistar - Melrose Park, IL 2/5/2001 SKS 1954R, .30-caliber unknown 0 Edgewater Technology - W 12/26/2000 .32-caliber Retolaza sem 11 Radisson Bay Harbor Inn 12/30/1999 9mm Lorcin semiautoma unknown 0 Xerox office - Honolulu 11/2/1999 9mm Glock 17 semiauto 10 Wedgwood Baptist - Fort 9/15/1999 .380-caliber, 9mm Ruge 10 Day trader spree - Atlanta 7/29/1999 .45-caliber Colt 1911-A1 unknown 0 Columbine High School - 4/20/1999 9mm Intratec DC-9 sem 12 Thurston High School - Sp 5/21/1998 9mm Glock, .22-caliber 2 0 Westside Middle School - 3/24/1998 FIE 380, .380-caliber St 1 0 Connecticut Lottery - New 3/6/1998 9mm semiautomatic han 10 Caltrans maintenance yar 12/18/1997 7.62mm AK-47 Chinese 11 R.E. Phelon - Aiken, SC 9/15/1997 9mm semiautomatic han unknown 0 Municipal trailer - Fort Lau 2/9/1996 9mm Glock semiautoma unknown 0 Walter Rossler - Corpus C 4/3/1995 9mm Ruger semiautoma unknown 0 Fairchild Air Force Base - 6/20/1994 MAK-90 semiautomatic 1 1 Chuck E. Cheese's - Auro 12/14/1993 .25-caliber semiautomat unknown 0 Long Island Rail Road - G 12/7/1993 9mm Ruger P89 semiau 10 Luigi's - Fayetteville, NC 8/6/1993 .22-caliber rifle; two 12-g unknown 0 101 California Street - San 7/1/1993 Two Intratec DC-9, .45-c 32 County office - Watkins G 10/15/1992 9mm Llama semiautoma unknown 0

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Correction: Due to a labeling mistake, the chart at the top originally showed a total of 62 weapons rather than 48.

Source URL: http://www.motherjones.com/politics/2013/02/assault-weapons-high-capacity-magazines- mass-shootings-feinstein

Links: [1] http://www.feinstein.senate.gov/public/index.cfm/assault-weapons-ban-summary [2] http://www.motherjones.com/mojo/2013/01/assault-weapons-ban-just-doesnt-have-votes [3] http://www.motherjones.com/politics/2012/07/mass-shootings-map [4] http://www.motherjones.com/politics/2012/12/mass-shootings-victims-2012 [5] http://www.nytimes.com/2013/01/17/us/even-defining-assault-weapons-is-complicated.html? _r=0&pagewanted=all [6] http://www.motherjones.com/politics/2013/01/high-capacity-magazines-mass-shootings [7] http://www.washingtonpost.com/blogs/wonkblog/wp/2012/12/17/everything-you-need-to-know- about-banning-assault-weapons-in-one-post/ [8] http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/expanded- homicide-data-table-8 [9] http://www.thisamericanlife.org/radio-archives/episode/488/transcript [10] http://www.motherjones.com/special-reports/2012/12/guns-in-america-mass-shootings [11] https://docs.google.com/spreadsheet/ccc? key=0Ah9Oqlm_qMOGdDJMczNPMXJUdmx6andjX1lnTG93N0E#gid=0

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ANALYSIS OF RECENT MASS SHOOTINGS

Mayors Against Illegal Guns conducted a comprehensive analysis of every mass shooting between January 2009 and January 2013 that was identifiable through FBI data and media reports. This report describes the 56 mass shootings—more than one per month—that occurred in 30 states1 in the four-year period. Each description includes the location of the shooting, number of people killed and/or injured, and information on the shooter, guns, ammunition, and gun purchase where available. For purposes of tracking crime data, the FBI defines “mass shooting” as any incident where at least four people were murdered with a gun.2 Mayors Against Illegal Guns identified these shootings by reviewing mass shootings in the FBI’s Supplementary Homicide Reports from 2009-2011, the most recent data available, and by searching the media for further details about those incidents as well as for mass shootings that occurred in 2012. This survey adopts strict, straightforward criteria for including shooting incidents, making it a representative sample of shootings in which at least four people were murdered with a gun.3 The findings reveal a different portrait of mass shootings in America than conventional wisdom might suggest: q Small share of gun violence: Mass shootings represent a small share of total U.S. firearm homicides. Less than one percent of gun murder victims recorded by the FBI in 2010 were killed in incidents with four or more victims. q Role of assault weapons and high-capacity magazines: Assault weapons or high-capacity magazines were used in at least 13 of the incidents (23%). These incidents resulted in an average of 14.8 total people shot — 135% more people shot than in other incidents (6.8) — and 8.0 deaths — 57% more deaths than in other incidents (5.1). q Domestic or family violence: There was a noteworthy connection between mass shooting incidents and domestic or family violence. In at least 32 of the cases (57%), the shooter killed a current or former spouse or intimate partner or other family member, and at least 8 of those shooters had a prior domestic violence charge. q Mental health: We did not find evidence that any of the shooters were prohibited from possessing guns by federal law because they had been adjudicated mentally ill or involuntarily committed for treatment. In 4 of the 56 incidents (7%), we found evidence that concerns about the mental health of the shooter had been brought to the attention of a medical practitioner, school official or legal authority prior to the shooting.4

1 AL, AR, AZ, CA, CO, CT, DC, GA, ID, IL, IN, KS, KY, LA, MA, MD, MN, MO, NC, NM, NV, NY, OH, SC, TX, VA, WA, WI, WV, and WY. 2 A 2005 FBI crime classification report defines a mass murderer as having killed four or more people in a single incident. Available online: http://1.usa.gov/Vs05uQ 3 Availability of FBI data for 2009-11 but not for 2012 resulted in a sample that is more comprehensive in the earlier period and subject to greater reporting bias in the final year. With the assistance of FBI data, Mayors Against Illegal Guns identified an average of 16 mass shootings per year from 2009-11; but exhaustive press searching for 2012 yielded only 8 mass shootings. 4 In another 4 incidents (7%), the shooter’s mental health problems were known to friends or family but were not reported or known more widely until after the shooting.

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q Role of prohibited possessors: Certain categories of people, including felons, certain domestic abusers, and people adjudicated mentally ill are prohibited by federal law from possessing guns.5 We had sufficient evidence to judge whether the shooter was a prohibited gun possessor in 42 of the 56 incidents (74%). Of those 42 incidents, 15 (36%) involved a prohibited possessor, and 27 (64%) did not. q Gun-free zones: Thirty-two of the 56 incidents (56%) took place wholly in private residences. Of the 24 incidents in public spaces, at least 11 took place wholly or in part where concealed guns could be lawfully carried. All told, no more than 13 of the shootings (23%) took place entirely in public spaces that were so-called “gun-free zones.” q Suicide: In 26 of the 56 incidents (46%), the shooter committed suicide during the incident. q Schools: Three of the 56 shooting incidents (5%) took place in schools, including primary, secondary, and college campuses. q Law enforcement: In 6 of the 56 shootings (11%), law enforcement or military officers were targeted in the shooting or killed or injured responding to it. q Workplace shootings: Two of the 56 shootings (4%) occurred at the shooter’s current or former workplace.

MASS SHOOTING INCIDENTS, JANUARY 2009-JANUARY 2013, (in reverse chronological order) q Albuquerque, NM, 1/19/13: The shooter killed his parents and three siblings in their home. He then loaded a van with guns and ammunition with the intent to kill his girlfriend’s family and die in a shootout at Wal-Mart, according to court documents. Instead, he spent the next day with his girlfriend and her family and went to a church he regularly attended, where he was arrested for murder after speaking with the pastor. Ø Shooter Name: Nehemiah Griego, 15 Ø Gun details: AR-15 assault rifle, .22 rifle, and two shotguns Ø Ammo details: Unknown Ø Gun acquired: The guns had been legally purchased by his parents. Ø Prohibiting criteria: As a juvenile, the shooter was prohibited from purchasing firearms, but it was lawful for him to possess long guns like those used in the incident. q Newtown, CT (Sandy Hook Elementary School), 12/14/12: The shooter killed his mother in her home and then traveled to a nearby elementary school where he shot twenty-eight people, killing twenty-six of them, including twenty children, before killing himself. Ø Shooter Name: Adam Peter Lanza, 20 Ø Gun details: A Bushmaster .223 assault-style rifle was used in the attack at the elementary school. A 10mm Glock handgun, a 9mm SIG Sauer handgun, and a shotgun were also recovered at the crime scene.

5 18 U.S.C. § 922(a)(6).

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Ø Ammo details: Lanza was carrying multiple high-capacity clips, reportedly enough ammunition to kill nearly every student at school. Ø Gun acquired: The guns were legally registered to Lanza’s mother, who he shot and killed earlier in the day and with whom he lived. Ø Prohibiting criteria: Under Connecticut law, Lanza would have been prohibited from possessing handguns because he had not reached the legal age, 21. However, he would not have been prohibited from possessing a long gun like the Bushmaster rifle used in the shooting. Lanza’s mental health was also scrutinized after the shooting, and while his social isolation had been noted, we did not find evidence that concerns had been brought to the attention of a public authority. q Minneapolis, MN, 9/27/12: The shooter killed six people and injured two at a signage business, from which he was fired earlier in the day, before killing himself. Ø Shooter Name: Andrew John Engeldinger, 36 Ø Gun details: Glock 9mm semiautomatic handgun Ø Ammo details: Engeldinger fired at least 46 bullets during the shooting. At his home, police recovered packaging for 10,000 rounds of ammunition. Ø Gun acquired: Engeldinger purchased the gun used in the shooting one year before at KGS Guns and Ammo in Minneapolis after passing a background check and obtaining a permit-to-purchase. Around the same time, Engeldinger purchased another, similar handgun that police recovered when searching his home. Ø Prohibiting criteria: Engeldinger had a concealed carry permit and was not prohibited from possessing a gun. But his family suspected he had paranoid schizophrenia and two years before the shooting they reached out on his behalf to the National Alliance on Mental Illness. Engeldinger did not pursue treatment. Ø Online connection: According to Minneapolis Police, Engeldinger may have purchased some or all of his stockpiled ammunition online from out-of-state dealers. q Oak Creek, WI, 8/5/12: The shooter killed six people at a Sikh temple and injured three others, including a responding police officer, before killing himself. Ø Shooter Name: Wade Michael Page, 40 Ø Gun details: 9mm semiautomatic handgun Ø Ammo details: Page reportedly bought three 19-round magazines when he purchased the gun. Ø Gun acquired: Page acquired the gun at a local gun shop a week before the shooting. Ø Prohibiting criteria: Page was involved with the white supremacist movement but he does not appear to have been prohibited from purchasing a gun. Federal officials investigated Page’s ties to supremacist groups more than once prior to the shooting, but did not collect enough evidence to open an investigation. Ø Not a gun-free zone: Nothing restricted the possession of a firearm on the property. Wisconsin state law permits people to carry their guns in temples and other places of worship unless there is a sign or they have been personally notified that carrying firearms is prohibited by the property owner or occupant. Amardeep Kaleka, whose father founded the temple and was killed during the attack, confirmed that there was no such sign on the property.

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q Aurora, Co, 7/20/12: The shooter killed twelve and wounded fifty-eight in an attack on a suburban movie theater during a midnight screening of Batman. Ø Shooter Name: James Holmes, 24 Ø Gun details: Smith & Wesson AR-15 assault-style rifle, Remington 870 12-gauge shotgun, and two Glock .40 caliber handguns. Ø Ammo details: Holmes had a 100-round drum magazine for the AR-15 and reportedly only ceased firing with it when it jammed. Ø Gun acquired: Holmes acquired the guns at local gun shops. Ø Prohibiting criteria: While a student at the University of Colorado, Holmes was treated by the school psychiatrist, who expressed concern about his behavior and referred him to the university Behavioral Evaluation and Threat Assessment (BETA) team. They took no further action and he was never adjudicated mentally ill. Ø Online connection: Holmes purchased over 6,000 rounds of ammunition online. q Newton Falls, OH, 7/6/12: The shooter killed his girlfriend, another couple, and their son in two separate shootings, before being cornered by the police and killing himself. Ø Shooter Name: Robert Brazzon, 55 Ø Gun details: Unknown Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Brazzon had previously pled guilty to felony drug trafficking after police seized 47 guns from his home in 1999 (the guns were later returned to Brazzon’s brother and son following a court petition). But due to Ohio laws that provide for the restoration of felons’ firearm rights, it is unclear whether Brazzon was prohibited from possessing firearms at the time of the shooting. q Seattle, WA, 5/20/12: The shooter killed five people in a string of neighborhood shootings that began in a coffee shop, and later killed himself. Ø Shooter Name: Ian Lee Stawicki, 40 Ø Gun details: At least one Para-Ordnance .45 caliber handgun – some reports say he carried two. Ø Ammo details: Unknown Ø Gun acquired: Stawicki legally purchased the weapon used in the shooting in addition to two others. Ø Prohibiting criteria: The shooter was a concealed carry permit holder but had a history of mental illness. Before the shooting, Stawicki’s family attempted to have his concealed carry permit revoked. Stawicki’s family had become concerned that his mental health had worsened. However, his family was rebuffed by authorities, who said they had no legal basis to revoke Stawicki’s permit on claims about Stawicki’s behavior alone. q Oakland, CA (Oikos University), 4/2/12: The shooter killed seven people at a Korean Christian college, where he had formerly been a student. Ø Shooter Name: One L. Goh, 43 Ø Gun details: .45 caliber handgun

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Ø Ammo details: Goh was armed with four magazines of ammunition, holding 10 rounds each. Ø Gun acquired: The gun was purchased legally in California two months before the shooting. Ø Prohibiting criteria: None apparent, though Goh was expelled from the school for disciplinary problems. q Norcross, GA, 2/20/12: The shooter returned to a Korean spa from which he'd been kicked out after an altercation, where he shot and killed two of his sisters and their husbands before committing suicide. Ø Shooter Name: Jeong Soo Paek, 59 Ø Gun details: .45 caliber handgun Ø Ammo details: Unknown Ø Gun acquired: Police reported that he acquired the gun legally. Ø Prohibiting criteria: Paek does not appear to have been prohibited, although he had allegedly served two months in jail for assaulting his sister six years earlier. Ø Not a gun-free zone: We could find no indication that the property owner forbade possession of a firearm on their property. q Grapevine, TX, 12/25/11: The shooter killed his estranged wife, two children, and three other family members as they opened their Christmas presents, before killing himself. The shooter’s wife had filed for bankruptcy in August 2010 and reportedly separated from him during the proceedings, moving to the apartment complex where the shooting took place. Ø Shooter Name: Aziz Yazdanpanah, 56 Ø Gun details: 9mm and .40 caliber handguns Ø Ammo details: Unknown Ø Gun acquired: The 9mm was purchased in 1996 and registered to the shooter. Ø Prohibiting criteria: In 1996, the shooter pled guilty to one count of subscribing to a false income tax return, and was fined $1000 and placed on three years’ probation. But police said the 9mm was legally registered to the shooter and there is no evidence that he was otherwise prohibited from purchasing a gun. q Gargatha, VA, 12/15/11: The shooter killed two of his children, their mother, and the man she was living with before killing himself. The shooter was reportedly involved in a custody dispute with the woman at the time of her death. Ø Shooter Name: Esteban Quintero-Gonzales, 37 Ø Gun details: Unknown Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Unknown q Bay City, TX, 11/30/11: The shooter and his wife argued in their mobile home, and when she exited he shot her three times in the front yard, injuring her, before killing his four children aged 2 to 5 and then killing himself. Ø Shooter Name: Jose Avila-Alva, 24

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Ø Gun details: .22 caliber revolver Ø Ammo details: Unknown Ø Gun acquired: The handgun was reported stolen in 2010. Ø Prohibiting criteria: The shooter was not a legal resident of the U.S., and had been deported to Mexico in 2006 for unlawful entry, which would have prohibited him from purchasing a gun. One week earlier, on November 22, 2011, the shooter’s wife filed an assault report against him and was taken to a crisis center by police, but she did not press charges. q Liberty, SC, 10/14/11: The shooter killed her ex-husband, two sons, and their step- grandmother. When investigators arrived, she told them one of her sons had committed the homicides and then killed himself, but this story was inconsistent with forensic evidence. Nine days after the shooting she was taken into custody and charged with four counts of homicide. She had reportedly taken out a $700,000 life insurance policy for her family members with herself named as the beneficiary. Ø Shooter Name: Susan Diane Hendricks, 48 Ø Gun details: .380 caliber handgun Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: In April 2006, Susan Hendricks shot and killed Doyle “O’Brian” Teaguein in her home after he had allegedly entered uninvited and threatened her. No charges were filed against Hendricks at the time, and the case was never closed. There is no evidence that she was prohibited from possessing a gun in 2011. q Seal Beach, CA, 10/12/11: The shooter injured one and killed eight at a hair salon, including his ex-wife, before being taken into police custody. Ø Shooter Name: Scott Evans Dekraai, 41 Ø Gun details: Dekraai carried 3 handguns – a 9 mm Springfield, a Heckler & Koch .45, and a Smith & Wesson .44 Magnum – and used at least two in the shooting. Ø Ammo details: News articles say Dekraai was carrying “extra ammunition” when the shooting began. Ø Gun acquired: All three guns were purchased legally and registered in accordance with California law. Ø Prohibiting criteria: Dekraai was subject to a restraining order that specifically prohibited him from possessing guns, but the order expired in 2008. Dekraai had been diagnosed with Post Traumatic Stress Disorder, and during a custody suit his ex-wife had filed court papers claiming that he was mentally unstable and had threatened to kill himself or someone else at least once. q Laurel, IN, 9/26/11: The shooter killed a man, the man’s estranged wife, their two children, and a neighbor. The male victim reportedly had sold the addictive pain-reliever Oxycontin to the shooter, and on the day of the murders they had argued over the price. Ø Shooter Name: David E. Ison, 46 Ø Gun details: A .380 caliber handgun was used in the slayings. Another stolen .380 handgun and an AK-47 were recovered during the investigation.

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Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: The shooter had a lengthy criminal record, including a conviction for armed robbery, which would have prohibited him from possessing a gun, and at the time of the murders was on probation for 10 counts of burglary. q Carson City, NV (IHOP Shooting), 9/6/2011: The shooter killed four people at an IHOP restaurant, including three National Guard members, before killing himself. Ø Shooter Name: Eduardo Sencion, 32 Ø Gun details: A Norinco Mak 90 assault rifle that had been illegally modified into a fully automatic machine gun. A Romarm/Cugir AK-47 type assault rifle and a Glock 26 semiautomatic handgun were also recovered. Ø Ammo details: Police recovered 450 rounds of AK-47 ammunition from Sencion’s van and “box upon box” of additional ammunition at his home. Ø Gun acquired: Five years earlier, the gun had been sold by a private party in California to an unknown buyer. Ø Prohibiting criteria: Sencion was taken into protective custody during a mental health commitment in April 2000 but no court order was involved and it remains unclear if a record of the incident was reported to the NICS database. Ø Not a gun-free zone: IHOP allows individual franchises to determine their own firearm policies, and this franchise allows concealed carrying of firearms on the premises. q Monongalia County, WV, 9/6/2011: The shooter killed five people and injured one before fleeing from the police and then killing himself. Ø Shooter Name: Shayne Riggleman, 22 Ø Gun details: A .30-.30 rifle was used. A second rifle and a .22 caliber pistol were also recovered. Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: In 2008, Riggleman was sentenced to 14 months in prison for armed robbery, an offense that would prohibit him from possessing firearms, though it is possible his rights were restored under West Virginia law. q Wheatland, WY, 7/30/11: The shooter killed his three sons and his brother and shot and injured his wife before surrendering to police. His wife later reported he had become upset because he wanted to keep the curtains of their home drawn to prevent the neighbors from looking inside. Ø Shooter Name: Everett E. Conant III Ø Gun details: Two semiautomatic handguns were used in the shooting. A shotgun and a rifle were also recovered. Ø Ammo details: Police testified that about 50 rounds were fired during the incident. Ø Gun acquired: Unknown Ø Prohibiting criteria: The police reported that the shooter did not have a criminal record. There is no evidence to indicate he was prohibited from possessing a gun.

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q Grand Prairie, TX, 6/25/11: The shooter killed his wife and four of her family members at his daughter’s birthday party before killing himself. Ø Shooter Name: Tan Do, 35 Ø Gun details: Reported to be a handgun Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Tan Do had a history of domestic violence. His wife had obtained a protective order against him but had withdrawn it earlier that year against the advice of a prosecutor. q Medford, NY, 6/9/11: The shooter killed four people at a pharmacy, Haven Drugs, and stole thousands of hydrocodone pills before fleeing in a vehicle. During the trial he acknowledged that he and his wife were addicted to prescription medication. Ø Shooter Name: David Laffer Ø Gun details: A .45 caliber handgun was used in the shooting. Several other legally registered guns were also recovered from the shooter’s home. Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: The gun was legally registered to the shooter, and there is no evidence he was prohibited from possessing a gun. But five months before the shooting, Suffolk County Detective Kenneth Ripp investigated an identity theft claim made by the shooter’s mother, who said the shooter had stolen her debit card. After questioning the shooter and his mother, Ripp advised the Suffolk County Pistol License Bureau that the shooter was dangerous and that his guns should be confiscated. Despite Ripp’s report, the guns were not removed. Ø Gun-free zone: We could find no evidence that Haven Drugs posted a sign or had a policy prohibiting the carrying of firearms. Current employees declined to comment. q Yuma, AZ, 6/2/11: In a series of separate shootings over a five-hour period, a gunman shot and killed his ex-wife, three of her friends, and her attorney, before killing himself. Ø Shooter Name: Carey H. Dyess, 73 Ø Gun details: Handgun Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Dyess’s ex-wife alleged there had been domestic abuse and a judge had issued an order of protection against him in 2006, but there is no evidence that he was a prohibited from possessing firearms at the time of the shooting. q Ammon, ID, 5/11/11: The shooter killed his two infant children, their mother, and her sister before setting fire to the house and shooting himself. He had separated from the victim several months before the incident, and in the week before the shooting he had sent her harassing text messages. Ø Shooter Name: Gaylin Leirmoe Ø Gun details: .45 caliber handgun Ø Ammo details: Eight shots were fired during the shooting.

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Ø Gun acquired: Unknown Ø Prohibiting criteria: In October 2009, the shooter was charged with misdemeanor battery for domestic violence with no traumatic injury after hitting his girlfriend — the woman he would ultimately kill — at her birthday celebration. The charges were later dismissed. There is no evidence that he was prohibited from possessing a gun. q Oak Harbor, Ohio, 4/16/11: The shooter killed his wife and three children, age 1 to 4, before killing himself. Ø Shooter Name: Alan Atwater Ø Gun details: .22 caliber rifle, shotgun Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: The shooter and his wife separately reported to friends that in the past he had held her against a wall and choked her. But there is no evidence he was prohibited from possessing a gun. q Willowbrook, CA, 2/1/11: Two brothers, their uncle, and their cousin were shot and killed by an unknown assailant on the patio of their home. Ø Shooter Name: Unknown Ø Gun details: Unknown Ø Ammo details: Witnesses reported that the shooting was loud and continuous. Police believe a semiautomatic weapon was used. Ø Gun acquired: Unknown Prohibiting criteria: Unknown q Tucson, AZ, 1/8/11: The shooter attacked a constituent event hosted by Congresswoman Gabrielle Giffords, killing six and wounding fourteen, including Giffords, before he was subdued. Ø Shooter Name: Jared Loughner, 22 Ø Gun details: 9mm Glock 19 semiautomatic handgun Ø Ammo details: 33-round magazine Ø Gun acquired: Loughner passed a background check and purchased the Glock handgun at Sportsman’s Warehouse in Tucson two months before the attack. Loughner also purchased a Harrington & Richardson shotgun in 2009; this gun was not used in the attack. Ø Prohibiting criteria: Loughner had a history of mental illness and drug use. He was rejected from Army enlistment in 2008 after failing a drug test and admitting to drug use on his U.S. Army medical history application form, which should have prohibited Loughner from buying a gun for at least one year. However, Loughner successfully purchased a Harrington & Richardson shotgun in 2009, within a year of his Army rejection. Loughner’s purchase of the Glock 19 handgun in 2010 violated the plain intent of federal law, which prohibits someone considered an/to be “unlawful user of or addicted to any controlled substance” from purchasing a gun, but the purchase was still allowed under current enforcement practices. Loughner was also suspended from Pima

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Community College in 2010 for erratic behavior, and exhibited other signs of mental instability in posts to websites. Ø Not a gun-free zone: It was lawful to carry a firearm in the area of the shooting. An armed bystander, Joe Zamudio, mistook someone else as the shooter and prepared to fire on him before he was stopped by other bystanders. q Boston, MA, 09/28/10: The shooter killed four and wounded one during a drug-related robbery. Ø Shooter Name: Edward Washington, 33, and Dwayne Moore, 35, were both charged in the killings. Washington was acquitted. In Moore’s first trial, the jury deadlocked 11-1 in favor of his guilt, but he was later convicted in a retrial. Ø Gun details: .40 caliber Iberia handgun and 9mm Cobray semiautomatic. The Cobray has not been recovered, but the weapon was identified based on recovered bullets and shell casings. Ø Ammo details: 14 rounds fired Ø Gun acquired: Unknown Ø Prohibiting criteria: Unknown Ø Not a Gun-free zone: Any person holding the appropriate license could lawfully carry a firearm in this area. As of 2012 there were an estimated 250,000 concealed weapons permit holders in Massachusetts, and neither state or local law prohibits them from carrying in the city of Boston. q Jackson, KY, 9/10/10: The shooter, reportedly enraged at how his wife prepared his eggs, fatally shot her, his stepdaughter, and three neighbors. He killed himself when the police arrived. Ø Shooter Name: Stanley Neace, 47 Ø Gun details: Shotgun Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Unknown q Chicago, IL, 9/2/10: The shooter murdered four individuals execution-style in a garage on South Kildare Avenue. Officials believe he was part of a drug-trafficking crew that had been involved in at least 10 other killings. Ø Shooter Name: Raul Segura-Rodriguez, 36 Ø Gun details: Unknown Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Unknown q Lake Havasu City, AZ, 8/29/10: The shooter killed his ex-girlfriend, her boyfriend, and three others while they were celebrating her boyfriend’s birthday and took his own life later that night. Ø Shooter Name: Brian Diez, 26 Ø Gun details: Unknown

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Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: The gunman’s girlfriend had taken out a restraining order against him earlier that year, which would likely prohibit him from purchasing or possessing a gun. q Buffalo, NY, 8/14/10: The shooter opened fire on a group of people outside a bar, killing four and wounding four others. Ø Shooter Name: Riccardo McCray, 24 Ø Gun details: Unknown Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: McCray had been arrested earlier that year on felony drug charges and the previous year for having a loaded rifle in his car. If he was found guilty of either crime, he would have been prohibited from possessing firearms. Ø Not a gun-free zone: We could find no indication that it was unlawful to carry a firearm in the area. There are an estimated 100,000 concealed weapon permit holders in New York and other than limiting a person's ability to carry when he is under the influence of drugs or alcohol, Buffalo does not add any additional requirements to state law. q Lanham, MD, 8/6/10: The shooter killed two children, their mother, and their paternal aunt in the home where they resided. Police said the shooter was involved in drug trafficking and the victims owed him money. Ø Shooter Name: Darrell Lynn Bellard Ø Gun details: Unknown Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: The shooter did not have a criminal record in Maryland, according to online court documents, and there is no evidence that he as was prohibited from possessing a gun. q Manchester, CT, 8/3/10: The shooter killed eight coworkers at a beer distributor and wounded two others before killing himself. Ø Shooter Name: Omar Thornton, 34 Ø Gun details: Two Ruger SR9 9mm handguns Ø Ammo details: The shooter allegedly carried two extra magazines and two extra boxes of ammunition with him to the attack. Ø Gun acquired: Unknown Ø Prohibiting criteria: There is no indication that he was prohibited from possessing firearms and the guns he used were registered to him. q Chicago, IL, 4/14/10: The shooter who had converted to Islam in prison killed his family for not going along with his conversion, fatally shooting his mother, pregnant wife, infant son, and two nieces, and injuring one other. Ø Shooter Name: James A. Larry, 33

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Ø Gun details: Shotgun Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Larry was almost certainly prohibited from purchasing a gun, having recently served a prison term for a weapons charge. He had also recently pled no contest to misdemeanor battery against his wife. q Los Angeles, CA, 4/3/10: The shooter killed four and injured two at a San Fernando Valley restaurant after a dispute with other patrons. He was indicted in a separate investigation for engaging in the business of dealing firearms without a license and possession of a firearm with an obliterated serial number, having sold firearms to an informant working for federal agents the previous year. Ø Shooter name: Nerses Arthur Galstyan, 28 Ø Gun details: Unspecified handgun Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Unknown q New Orleans, LA, 3/26/10: The shooter killed his ex-girlfriend, her sister, and two children. Ø Shooter Name: Damian Jordan, 22 Ø Gun details: Handgun Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Jordan was likely prohibited from possessing a gun due to a lengthy history of domestic abuse, though he had repeatedly pled down the crimes to simple battery. q Washington, DC, 03/30/10: Three gunmen killed four and wounded five in retaliation for another murder. Ø Shooter Name: Nathaniel D. Simms, 26; Orlando Carter, 20, and unnamed 14-year-old juvenile. Ø Gun details: An AK-47 assault rifle and 9mm and .45-caliber handguns Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: The adults were reported to have lengthy criminal histories, which prohibited them from purchasing guns, and the 14-year-old was too young to purchase or own a gun. q Appomattox, VA, 1/19/10: The shooter killed eight family-members and acquaintances and fired at responding police officers – even forcing a helicopter to make an emergency landing – before surrendering. He wore a bulletproof vest during the attack. Ø Shooter Name: Christopher Speight, 39 Ø Gun details: High-powered rifle Ø Ammo details: Unknown Ø Gun acquired: Unknown

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Ø Prohibiting criteria: The shooter was a concealed carry permit holder and was not prohibited from possessing a gun. q Bellville, TX, 1/16/10: The shooter, angered after a household argument, fatally shot his mother, stepfather, sister, brother and niece. Ø Shooter Name: Maron Thomas, 20 Ø Gun details: Handgun and shotgun Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Unknown q Lakewood, WA, 11/29/09: The shooter killed four police officers in a Tacoma Coffee shop, eluding police for two days before being killed as he fled. Ø Shooter Name: Maurice Clemmons, 37 Ø Gun details: When he was killed, he was in possession of the handgun of one of the officers he had killed. Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: The shooter was prohibited from purchasing a firearm, having been charged with at least 13 felonies across two states. He had posted bail for raping a child just six days before the attack. Ø Not a gun-free zone: The police officers were armed at the time of the shooting. q Osage, KS, 11/28/09: The shooter killed his estranged wife, her grandmother, and his two daughters in their home. Ø Shooter Name: James Kahler, 46 Ø Gun details: Assault rifle Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Kahler was charged with a misdemeanor domestic violence assault in March 2009. If convicted, he would have been prohibited from purchasing a firearm. q Pearcy, AR, 11/12/09: Three shooters killed five people in their mobile homes and stole wheel rims, televisions, a handgun, and a vehicle. One of the shooters injured a police officer while he was being apprehended several days later. Ø Shooter Name: Samuel Conway, Marvin Lamar Stringer, and Jeremy Pickney Ø Gun details: .22 and .25 caliber handguns Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: There is no evidence that the shooters were prohibited from possessing guns. q Fort Hood, TX, 11/5/09: The shooter killed thirteen and wounded thirty soldiers during an attack at the Fort Hood army base. Ø Shooter Name: Nidal Malik Hasan, 39

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Ø Gun details: A FN Five-seven handgun was used in the attack. A Smith and Wesson .357 revolver also recovered. Ø Ammo details: Hasan fired at least 220 rounds of ammunition and had 200 rounds in his pocket when he was detained. Ø Gun acquired: Purchased legally at a local gun shop, Guns Galore. Ø Prohibiting criteria: The shooter had links with terrorist organizations, but being placed on a terror watch list does not prohibit purchase or possession of firearms under current law. q Mount Airy, NC, 11/01/09: The shooter killed four people outside a television store before eventually surrendering to the police. Ø Shooter Name: Marcos Chavez Gonzalez, 29 Ø Gun details: Assault rifle. Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: The shooter was a prohibited purchaser, having been convicted of kidnapping a minor in 2002. Ø Not a gun-free zone: It was lawful to carry a firearm in the area of the shooting. q Lawrenceville, GA, 08/27/09: The shooter killed his girlfriend, his daughter, and two others in a domestic dispute. Ø Shooter Name: Richard Ringold, 44 Ø Gun details: Unknown Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Unknown q Kansas City, KS, 6/22/09: The shooter killed a woman with whom he had been romantically linked and three others at the house where she was staying. He had argued with the woman and followed her to the house. Ø Shooter Name: Adrian Burks Ø Gun details: Unknown Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: The shooter was prohibited from possessing firearms. He had served 10 years in Kansas prisons for robbery, aggravated assault, and burglary. He also fatally shot a man in March 2009, but he was not charged in the incident, which his cousin later described as “self defense.” In April 2009, he was charged with battery and a criminal threat against the sister of the man he killed and was ordered not to possess firearms. q Middletown, MD, 04/19/09: The shooter killed his wife and three children in their home before committing suicide. Ø Shooter Name: Christopher Alan Wood, 34 Ø Gun details: .25-caliber handgun

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Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Unknown q Graham, WA, 4/4/2009: After a dispute with his wife in which she told him she was ending their relationship, the shooter returned home and killed his five children. Police believe he then made an unsuccessful attempt to find his wife again and then killed himself in his car. Ø Shooter name: James Harrison Ø Gun details: Unspecified rifle Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: There is no evidence Harrison was prohibited from possessing a gun. Since 2001 the state had received five complaints about the shooter, including one for abuse in 2007 that stemmed from a slapping incident with one of his children. None of the complaints resulted in a domestic violence conviction. After the shooting, his wife said that she and her children had sustained years of abuse. q Binghamton, NY, 4/3/09: The shooter killed fourteen and wounded four at the American Civic Association where he had been taking English classes before killing himself. He wore a bulletproof vest during the attack. Ø Shooter Name: Jiverly A. Wong, 42 Ø Gun details: 9mm and .45 caliber Beretta handguns. Ø Ammo details: Allegedly fired 98 rounds during the attack. At least one magazine with a 30-round capacity was recovered at the scene. Ø Gun acquired: The guns were registered to his New York State pistol license. Ø Prohibiting criteria: Wong was not prohibited from possessing a gun, and had a New York State concealed carry permit. People who knew Wong said he exhibited no outward signs of mental instability, although a letter he wrote that was delivered to a newspaper after the shooting indicated he was paranoid and suffering from mental illness. q Carthage, NC, 3/29/09: The shooter opened fire at a nursing home where his estranged wife worked, killing eight and injuring three before he was shot and arrested by a police officer. Ø Shooter Name: Robert Stewart, 45 Ø Gun details: .357 Magnum handgun and Winchester 1300 shotgun Ø Ammo details: Unknown Ø Gun acquired: The guns were acquired legally from a local sporting good store. Ø Prohibiting criteria: There is no indication the Stewart was prohibited from possessing a gun. q Santa Clara, CA, 3/29/09: The gunman killed five family members and wounded two in an apparent murder-suicide. Ø Shooter Name: Devan Kalathat, 45 Ø Gun details: Two .45 caliber pistols Ø Ammo details: Unknown Ø Gun acquired: Purchased legally weeks before the incident.

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Ø Prohibiting criteria: There is no indication that Kalathat was prohibited from possessing a gun. q East Oakland, CA, 3/21/09: The shooter used a semiautomatic handgun to kill two police officers after they stopped his car and then fled on foot to an apartment where he killed two SWAT officers with an assault weapon and injured a third before being killed by police. Ø Shooter Name: Lovelle Mixon Ø Gun details: 9mm semiautomatic handgun and SKS assault-style rifle Ø Ammo details: Police said the assault weapon had a high-capacity magazine. Ø Gun acquired: The shooter took part in a home invasion robbery in Modesto, CA, on February 21 2009 in which a rifle was reported stolen. Police did not comment on whether the stolen rifle was the one used in the shooting. Ø Prohibiting criteria: The shooter had a lengthy criminal history, including a conviction for armed battery, which would have prohibited him from possessing a gun, and he was on parole for assault with a deadly weapon at the time of the shootings. Ø Gun-free zone: Two of the victims were shot on a public roadway — the 7400 block of Macarthur Boulevard in East Oakland — where no state law would have prohibited a citizen with the appropriate permit to carry a gun. All of the police officers killed in the incident were armed. q Raytown, MO, 3/16/09: The gunman shot and stabbed his former girlfriend, her boyfriend, and her two nephews, killing all four. Ø Shooter Name: Gevante Anderson, 26 Ø Gun details: Unknown Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Unknown q Catawba, NC, 3/12/09: The gunman shot and stabbed a woman and her three children in their home. He later killed himself and his girlfriend after a police chase in Utah. Ø Shooter Name: Chiew Chan Saevang, 38 Ø Gun details: Unknown Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Unknown q Geneva County, AL, 3/10/09: The shooter killed ten, including four members of his family, before killing himself. Ø Shooter Name: Michael Kenneth McLendon, 28 Ø Gun details: Bushmaster AR-15, SKS rifle, shotgun, and .38 pistol Ø Ammo details: Police recovered additional ammunition from his vehicle after the shooting. Ø Gun acquired: Unknown Ø Prohibiting criteria: The shooter had no criminal record and there is no indication he was prohibited from possessing a gun.

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Ø Not a gun-free zone: It was lawful to carry a firearm in the public intersection and gas station where two of the individuals were shot. q Cleveland, OH, 3/05/09: The shooter killed his new wife and four of her relatives before committing suicide. Ø Shooter Name: Davon Crawford, 33 Ø Gun details: At least one semiautomatic handgun. Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: Crawford was likely prohibited from possessing a gun. He was convicted of manslaughter in 1995 and pled guilty to felonious assault with a firearm in 2005, though Ohio enables felons to restore their gun rights so it is possible he was no longer prohibited. q Wilmington, CA, 1/27/09: The shooter killed his wife and their five children before killing himself. Ø Shooter Name: Ervin Lupoe, 40 Ø Gun details: Unknown Ø Ammo details: Unknown Ø Gun acquired: Unknown Ø Prohibiting criteria: The shooter did not have a criminal record and there is no indication he was prohibited from possessing a gun.

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Street Sweeper/Strlker 12 (also IDdudlDg the USAS 12) ...... 17

Questiollll and AD8wen About SemI-Automatic Assault Weapollll •••• 19

Firearms Exempted ID PropoMd Leglslatlon as BUD.tIDg and Spos-tlDg FlI-e8l1ll8 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 21

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AK's .. Norinco, Mitchell, Poly Technologies Background

These assault rifles are semi-automatic copies of macbineguns designed in Communi~t block countries. They are variations of post-World War n military rifles. Production

These firearms have been imported as follows: Norinco from China, Mitchell from Yugoslavia, Poly Technologies from China. In 1989, these assault rifles were banned from importation into the United States, because they did not meet the sporting purpose criteria under the Gun Control Act. Approximately 100,000 of these firearms have been imported into the U.S., and are still in circulation. Ammunition Magazine

These assault rifles come equipped with a 30-round magazine. Numbers Traced *

During the years 1990 to 1993. these firearms accounted for 2.061 of the firearms traced for law enforcement officials nationwide. The traces included 329 narcotics investigations and 272 murder cases. • not all firearms used in crime are lnICed. Examples of Use in Crime

In a Detroit, Michigan suburb. a Norinco AK-47 was recovered in a narcotics-related double homicide. The weapon had an obliterated serial number. The AK.-47 was one of the weapons purchased by an individual who was diverting them to drug traffickers.

Federal. State and local officers recently raided the Kentucky Courts public housing complex in Washington. DC, following the fatal shooting of police officer Jason White. The seizure turned up six guns, including an AK-47 assault rifle. The Kentucky Court Crew gang is suspected of doling out guns, including assault weapons, and crack from an apartment within firing range of where Officer White was gunned down.

Shown is Norinco AK-47

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1\1-10, M-l1, M -11/9, and M-12 Background

These semi-automatic assault pistols are manufactured in the United States, and designed as semi-automatic copies of submacbine guns. The M-11l9 weighs 3.25 pounds unloaded, 4.25 pounds when fully loaded, some of SWD's M-l119 models were manufactured as rifles. Production

Approximately 100,000 of these firearms have been manufactured. Ammunition Magazine

These assault pistols come equipped with a 32-round magazine. Numbers Traced *

During the years 1990 to 1993, these firearms accounted for 3,091 of the firearms traced for law enforcement officials nationwide. They were traced for 561 narcotics investigations, 313 murder cases, and 125 instances of assault.

According to ATFs Tracing Center, from 1991 through the present, the Mll/9 has been in the top 10 firearms that were traced.

'" not all fireanns used in crime are traced. Examples of Use in Crime

In October 1992, a bank in Sykesville, Maryland was robbed by two gunmen using a MAC firearm that had been purchased in West Vuginia. Four tellers were taken hostage and shot. Two of the tellers subsequently died.

In Atlanta, Georgia, 11 individuals were indicted in a gun-trafficking scheme. For 2 years, nearly 1,000 guns were shipped illegally to New York, where many were recovered in crimes in New York City. The men had converted a number of semi-automatic Cobray 9mm pistols (MAC 10) into automatic operation.

A Houston, Texas police officer made a traffic stop and was critically wounded, shot four or five times by the driver. The suspect got away and later, the suspect attempted a robbery. A trooper approached the suspect's car and was met with assault weapon fire. After abandoning his car, the suspect continued shooting at the pursuing officers and a gun battle ensued. The suspect was clutching a MAC 11 when he was killed. A search of his vehicle disclosed an AK-47.

Shown is SWD M1119

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Action Arms UZI and Galil Background

These assault rifles and pistols are semi-automatic copies of macbineguns designed in Israel. They are variations of post-World War II military rifles. Production

In 1989. these assault rifles were banned from importation into the United they States because did not meet the sporting purpose criteria under the Gun Control Act. Approximately 10.000 of these firearms were imported into the U.S. prior to the ban and are in circulation today. The UZI assault pistol was banned from importation into the United President States in 1993 by Clinton because it did not meet the sporting purpose criteria under the Gun Act. The UZI Control assault rifle has the same appearance as the submachine gun. and was first imported in 1980. The Galil was introduced into U.S. commerce in 1982. AmmUDition Magazine

The UZI Carbine chambers 9mm ammunition, and comes equipped with magazine. a 25-round

The Galil is a .308 caliber semi-automatic rifle and comes equipped magazine. with a 20-shot Numbers Traced * During the years 1990 to 1993, these firearms accounted for 755 of the firearms traced for law enforcement officials nationwide. Galils were traced for 9 narcotics investigations, murder cases, and 2 2 instances of assault. UZIs were traced for 151 narcotics investigations, 47 murder cases, and 30 instances of assault.

... DOt all firearms used in crime are traced. Examples of Use in Crime

A Louisville, Kentucky police officer stopped a suspect in a shooting incident. officer found, The in the suspect's car, a 9mm UZI with an obliterated serial number and loaded with a magazine of 17 rounds.

In Boston, Massachusetts. an undercover agent infiltrated an Asian gang involved illegal narcotics in and gun sales. The undercover agent bought over a kilo of 91 % pure heroin (street value of $1 million). and 29 guns. The purchased firearms included UZI, an Action Arms an SWD/Cobray M-1l/9 pistol. an Intratec TEC-9 (converted to frre fully automatic), an AK-47 assault rifle. and

Shown is UZI Pistol

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Beretta AR·70 Background

These assault rifles are semi-automatic copies of machineguns designed in Italy. They are variations of post-World War n military rifles. Production

In 1989, these assault rifles were banned from imponation into the United States because they did not meet the sporting purpose criteria under the Gun Control Act Approximately 1,000 of these firearms were imported into the U.S. prior to the ban. and remain in circulation. Ammunition Magazine

This gas-operated semi-automatic 5.56 x 4S mm assault rifle comes equipped with a 30- round ammunition magazine. Numbers Traced *

During the years 1990 to 1993, these firearms accounted for 3 of the firearms traced for law enforcement officials nationwide.

• not all firearms used in crime are traced. Examples of Use in Crime

In April 1992, ATF agents in Fargo, North Dakota recovered a Beretta AR-70, another long gun. 3 handguns and approximately 8,000 rounds' of ammunition from a convicted illegal manufacturer of explosives. In May 1993, the San Bernardino, California Sheriff's Office recovered a Beretta AR-70 and Intratec TEC 9 mm pistol and two pounds of methamphetamine from a suspected drug dealer. The suspect was convicted under California law of possessing an unregistered assault weapon and is awaiting trial on the drug charges.

Shown is Beretta AR 70

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ColtAR·1S Background

These assault rifles are semi-automatic copies of machineguns manufactured in the United States. Semi-automatic versions of the M-16, they are variations of post-World War n military rifles. ' Production

Approximately 400,000 of these fireanns have been manufactured. In 1989, these assault rifles were banned from re-importation into the United States because they did not meet the sponing purpose criteria under the Gun Control Act. Ammunition Magazine

The Colt AR-15 comes equipped with a 5-round detachable box magazine. However, this firearm. is typically fitted with a 30-round magazine as shown below. Numbers Traced *

During the years 1990 to 1993, these firearms accounted for 1.802 of the firearms traced for law enforcement officials nationwide. They were traced for 212 narcotics investigations, 106 mmder cases, and 39 instances of assault.

• not all firearms used in crime are ttaced. Examples of Use in Crime

In San Fernando Valley. California, a son shot and killed his father us~g an AR-15. He then opened fire on the police as they arrived on the scene. One police officer was killed.

Seven-year old Dantrell Davis and his mother were walking to school in the Chicago, TIlinois housing project where they lived. A sniper armed with an AR-15 fired into the area as part of a violent feud between gangs. A shot hit the boy in the head and he was killed instantly.

Shown isAR-lS

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Fabrique Nationale FNlFAL, FNILAR, and FNC

Background

These assault rifles are semi-automatic copies of machineguns designed in Belgium, and used by various NATO countries. They are variations of post-World War IT military rifles. Production

In 1989, these assault rifles were banned from importation into the United States because they did not meet the sporting purpose criteria under the Gun Control Act. Approximately 30,000 of these firearms had been imported into the U.S., and are in circulation today. Ammunition Magazine

These semi-automatic assault rifles come equipped with a 30-round magazine. Numbers Traced *

During the years 1990 to 1993, these firearms accounted for 39 of the firearms traced for law enforcement officials nationwide.

'" not all firearms used in crime are traced. Examples of Use in Crime

Police in Las Vegas, Nevada recovered an FN rifle and silencer, RPB 9mm converted machinegun and 2,268 ro~ds of ammunition from a convicted burglar.

A suspect was arrested by ATF agents in St. Louis, Missouri for dealing in cocaine. The suspect was arrested at his residence with 30 firearms in his possession, the majority of which were assault weapons, including an FN FNC assault rifle. .

Shown is FN FNe

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SteyrAUG Background

These assault rifles are semi-automatic copies of machineguns designed in Austria. They are used by military forces in Austria. Australia and various NATO countries. and are variations of post-World War n military rifles. Production

In 1989, these assault rifles were banned from importation into the United States because they did not meet the sporting purpose criteria under the Gun Control Act. Approximately 10,000 of these firearms were imported into the U.S. prior to the ban. and remain in circulation. They have subsequently been manufactured in the United States in limited quantities. Ammwdtion Magazine

This semi-automatic assault rifle comes equipped with either a 30 or 40-shot magazine. Numbers Traced *

During the years 1990 to 1993. these firearms accounted for 18 of the firearms traced for law enforcement officials nationwide.

• not all firearms used in crime are tnICed. Examples of Use in Crime

A self-styled survivalist and weapons expen was arrested by ATF agents in Dallas, Texas for posession of a large quantity of cocaine. Police searched a storage unit owned by the suspect and seized 2 Steyr AUGs and parts to convert them to fully automatic opemtion (all of the work to conven had been completed on the guns). a grenade launcher on a Colt AR-IS with the parts to conven the firearm to fully automatic. another AR-IS and several other firearms. The suspect later was convicted on Federal firearms charges and received 27 months in prison.

Shown is Steyr AUG

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Intratec TEC·9, TEC·DC9, and TEC-22

Background

The TEC-9 weighs 50 ounces unloaded, and 72 ounces when fully loaded. Production

This semi-automatic assault pistol is manufactured domestically by Intratec in Miami. Approximately 200,000 have been manufactured. Ammunition Magazine

The TEC-9 chambers 9mm ammunition and comes equipped with a 36-round magazine. Numbers Traced •

During the years 1990 to 1993, these firearms accounted for 3,710 of the firearms traced for law enforcement officials nationwide. They were traced for 638 narcotics investigations, 319 murder cases, and 234 instances of assault.

According to ATFs Tracing Center, from 1991 through 1993, the TEC-9 has been in the top 10 firearms that were traced.

... not all firearms used in crime are traced. Examples of Use in Crime

An ATF undercover agent in Colorado Springs, Colorado attempted to buy illegally purchased fireanns from members of a Los Angeles based street gang (in Colorado). The gang members critically wounded the agent with a TEC-9, 9mm semi-automatic pistol.

In Anchorage, Alaska, the police department investigated an armed robbery in which a TEC-9 semiautomatic assault pistol was used. The suspect was one of 17 defendants in an ATF drug/gun conspiracy investigation. A convicted felon with gang affiliations was arrested after taking a TEC-22 into the Louisiana State University Medical Center.

Shown is TEC 9 (DC 9)

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Street Sweeper/Striker 12 (also including the USAS 12)

Background

On March 1, 1994, these assault shotguns were classified as desb'Uctive devices under the National Firearms Act. As such. they may still be manufactured. but must be registered with ATF. Production

In 1984 and 1988. these shotguns were denied for importation because they did not meet the sporting purpose criteria under the Gun Control Act. They have subsequently been manufactured in the United States. Approximately 18,000 have been manufactured domestically to date.

The Striker was originally designed in Rhodesia and manufactured in South Africa for the purposes o{ crowd control. The Street Sweeper is a domestic copy of the original Striker 12. The USAS-12 was originally produced in Korea and was based on an automatic version of the weapon used by the military. Ammunition Magazine

These shotguns come equipped with magazine capacities of 12 shotgun shell rounds. Numbers Traced *

During the years 1991 to 1993. these shotguns accounted for 176 of the fireanns traced for law enforcement officials nationwide. They were traced for 42 narcotics investigations. 11 murder cases, and 6 instances of assault.

• not all firearms used in crime are traced. Examples of Use in Crime

In New Orleans. Louisiana. a multiple conviction felon. with a conviction for drive-by shootings, was found in possession of a Street Sweeper and TEC-22. He was a known gang member and escaped from custody after an initial arrest. He has been recaptured and is a suspect in several California homicides.

A Street Sweeper was confiscated from a tax protester in Minneapolis, Minnesota during a OWl. The Street Sweeper was decorated with Nazi insignias - the words "White Power" and swastikas. A Street Sweeper was confiscated from a suspect who was believed to have participated in the recent Brooklyn Bridge attack on a group of Hasidic Jews in New York City.

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Case 1:13-cv-00291-WMS Document 79-1 Filed 06/21/13 Page 12 of 27 Questions and Answers About Semi-Automatic Assault Weapons

What are ..,..,I-automatlc ....uIt weapou?

As dcfiDed in the SeDate Crime Bill and in legislation pending in the House of RepresenWives. assault we&pODS arc large capacity. scmi-automadc fin:mms deaiped aDd configured for rapid fire. combat use (the Street SweepedSlribr 12 shDtpns have a wind-up' dram). Most arc paUaDed after machie pili used by mWtary for:ecs. They have distinct features which separate them from sporting firemns.

May arc banned from being imported iDIo me United Stares. but all CID be leplly manafaclmed in this CODIItty. Passin& assault wcapoas legislation removes tbeIe guns from c:irculadon.

Why baa """'-automatlc •••au)t weapou?

Assaalt weapoIIS make up only 1~ of the pili in circuladon in the United StIleS. They account for up to 89& of die JUDI trac:ed by law eDforcement ofBcials in die investipDon of crimiDaI activity. They arc pcfened by criminals over law abidiDg c:itizeDS 8 to 1. A Il1IIIlber of Cbc8e pas DDk ill the lOp 10 of all pas uaced in relation to crime.

1be way to show dill we arc serious about violeDt crime is to baD assault weapons. We are Dot being tough on pngstas if we allow open access to pngsII:r weapons. Passing assault weapGDS legislation puIS an end to an anns IBCe on our streeIS.

Some people .y .....-autom.tIc ....uIt weapGlIS anjast dUfenmt lookbag weniO" of 8pOI1IDg firearms?

Some people might tty to tell us dill a eliese1l0c0m0tive is lib a family acdaD because they have intemal combustion engines. Assault weapons were desigaed for rapid fire. close quarter shooting at human beings. That is why they were put togedler die way they were.. You will Dot find these JIIDS in a duck bliDd or at Ibe Olympics. 1'bey IrC mass produced mayhem.

Can't coDveutloDBI sporting ~ be Sued with large mapzlDes?

1be legislation DOW pending in Conpess bans ammunition magazines with a capacity grcaIa' than 10 rounds.

If someone crafts an illegal magazine. we can proseco1e that person. Right now factories legally tum out such magazines BOd distribute them by the truckload,

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DoD't lIODle pm. owuen say that thIil baD wUllead to a ban of their semiautomatic sportIDg firearms?

The legisladon pending in Congress specifically exempts uearty 700 conventional sporting firealms from its provisions. 'Ibis legislation doesn't dIn:aIen the law abidiag J1ID owners: it proll:ClS them and p!o~ those who own no pas at all.

WID hanDing these ~ have aD Impact OD clime?

Yes. it wiJ1. 'Ibcse SUDS help cbe crjmjnals who bave diem to commit dleir crimes, addiDg to the camase. 1bey emboldallbe crook. Access to Ibem sbifts me halaDce of power to die lawless.

It is IIao a __ of priDciple 1bat we baD 1bese semi-'IIIJ:'I'ft!IdC assault weapons. Por people who a.y Ibey are _GUS about addmssiq violent crime. it is lime to vOle seriously about die 6Jeaams c:rimjna1s prefer. The AR· II comea eqaIppecI with a 5-rcnuuI m.prine. Bow caD you cl.-dry this firearm .. a rapid fire ...ault weapoD?

Ally weapcm 1iW iakes a decacbab1e magazine will bold a magaziDe of a Jarpr capacity. Larp capacity mapziaes ofap to ISO JOUDds are available in UDkDowD quamities for all of die firearms identified iD tbis Jegislatioa, eMCrpt die Street Sweeper. Howew::r. twenty IDd fifty-rouad mapziaes are readily available for use with Ibcse fireanDs.

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Case 1:13-cv-00291-WMS Document 79-1 Filed 06/21/13 Page 14 of 27 Firearms Exempted in Proposed Legislation as Hunting and Sporting Firearms

CeDterfire lWl---.Autoloaden Browning BAR Mark n Safari Semi-Auto Rifle BrowniDg BAR Mark n Safari ltIapum Rifle Bl'OW'DiDr Hich·Power Bille Heckler II; Koch Model 800 Rifle lver Johnson M-l Carbine 1m" JohDIOn 50th AImivenary M-l Carbine Marlin Model 9 Camp Carbine Hartin Model 45 Cubine RemiJacton Nylon 66 Auto-LoadiDg Rifle RemiDctAm Model 7400 Auto Rifle Remington Model 7400 Bifle Bem.iDgton Model 7400 Special Purpoee AuW Bi& Rupr Mini·14 Autoloading Bit1e (w/o foldbJc atoek) Rupr Mini Thirty Riae Ceat.dlre BUlee-Lever A SlIde BrowniDg M:oclel 81 BLB Lever-Action Rit1e Browning'Model 81 Long Action BLB Browning Model 1886 Lever-.Aet.ion Carbine Browning Model 1886 HiRh Grade Carbine Cimanon 1860 Hemy Replica Cimanon 1866 Wmcbester Replicas Cimanon 1873 Short IW1e Cimanon 1873 Sporting Rifle Cimarron 1873 80'" Espress Rifle Dixie Engraved 1873 lWle E.K.F. 1866 YeUowboy Lever Actions E.lLF. 1860 Henry lWle E.lLF. Model 73 Lever-Aetion Rifle Harlin Model 33608 Lner-Action Carbine Harlin Model 30AS Lner-Action Carbine Harlin Model 44488 Lever-Action Sporter Harlin Model 18948 Lever·Action Carbine Harlin Model1894CS Carbine Marlin Model 1894CL OJusic Marlin Model 1895SS Lever-Action Rifle Mitehe1l1858 Helll)' Beplica Mitchell 1866 Wmebester Replica Mitchell 1873 Wmeheater Replica Navy .Arms Military Bemy Rifle N8\'Y Arms Hemy Trapper Nny Arms Iron Frame Henry N8\'Y Arms Henry Carbine Navy .Arms 1866 Yellowboy Rifle Navy .Arms 1873 Wmehester-Style RiOe Navy Arms 1873 Sporting lWle . 21 Remington 7600 Slide Action Remington Model 7600 Special Purpose Slide Action

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&asi M92 SBC Saddle-Ring Carbine Rossi M92 SRS Short Carbine Savap 99C Lever-.Action Rifle Uberti Henry Rifle Uberti 1866 Sporting Rifle Uberti 1873 Sporti", Rifle Wmchester Model 94 Side Fdeet IAver·Action Rifle Wmehester Model 94 Trapper Side Eject W~ Model 94 Big Bore Side Fdeet Wmeheater Model 94 BaDpr Side Eject Lever-.Action Rit1e WmeheBter Model 94 Wrangler Side Eject

CeDterfIre Rifle. Bolt ActiOD Alpine Bolt-Action Rifle A.Square Caesar Bolt-.Aetion Rifle A·Square Hannibal Bolt-Action Rifle .Anachutl 1700D Claaaic Rifles .Anachutl 1700D Custom RUles .Anschutz 1700D Bavarian Bolt-.Aetion Rifle .Anachutl 1783D Mann1iaber IWle Bam!t Model 90 BoIt-Aetion Rifle BeemanIHW 60J Bolt-Action Rifle Blaser R84 Bolt·Action RHIe BRNO 537 Sporter Bolt-Aotion Rifle BRNO ZKB 527 Fox Bolt-Action Rifle BRNO ZKK 600, 601, 602 Bolt·Action Rifles Browning A·BoI,t Rifle Browning A-Bolt Stainleaa Stalker Browning A-Bolt Left Hand Browning A-Bolt Short Aet.ion Bl'OWIIins Euro-Bolt Rifle Browning A·Bolt Gold Medallion Browning A·Bolt Miero ¥edallion Century Centurion 14 Sporter Century Enfield Sporter #4 Century Swedish Sponer #38 Century 'Mauser 98 Sporter Cooper Model 38 Center5re Sporter Dakota 22 Sporter Bolt·Action Rifle Dakota 76 Classic Bolt-Action Rifle Dakota 76 Short Action Rifles Dakota 76 Safari Bolt·Action Rifle Dakota 416 Rigby African E.A.AJSabatti Rover 870 Bolt·Action Rifle Auguste Francotte Bolt·Action Rifles Carl Gustat 2000 Bolt·Action Rifle Heym Macnum EJqJress Series Rifle Howa Lithtninr Bolt-Action Rifle Howa Realtree Carno Rifle Interarma Mark X VIlICOUDt Bolt-Action Rifle Interanns Mini·Mark X Rifle Interanna Mark X Whitworth Bolt·Action Rifle Interanns Whitworth Expreas Rifle Iver Johnson Model 5100Al Lo~Range Rifle KDF Kl5 Ameriean Bolt-Action Rifle Krico Model 600 Bolt·Aetion RUle Krico Model 700 Bolt-Action Rifles

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Mauser Model 66 Bolt-Action RiOe Mauser Model 99 Bolt-Action RiOe McMillan Signature Classic Sporter McMillan Signature Super Vanninter McMillan Signature Alaskan McMillan Signature Titanium Mountain RiOe McMillan Clasaic BtaiDIeBa 8porter McMillan Talon Safari Rifle McMillan Talon Sporter RiDe Midland 1500S 8amwr Rifle Navy Arms TU-33140 Calbine Parker-Hale Model 81 Claaaic RiDe Parker-Hale Model 81 Claaaic .Afriean Rifle Parker-Hale liodel1000 RiDe Parker-Hale Model 1100M African Magnum Parker-Hale Model 1100 LiBhtweiPt Rifle Parker-Hale Model 1200 Super Rifle Parker-Hale Model 1200 Super Clip RiDe Parker-Hale Model 18000 Scout RiDe Parker-Hale Model 2100 Midland RiOe Parker-Hale Model 2700 Lightweight RiOe Parker-Hale Model 2800 Midland RiOe Remington Model Seven Bolt-Action RiOe Reminpon Model Seven Youth RiOe Remington Model Seven Custom KS Remington Model Seven Custom MS RiOe Remington 700 ADL Bolt-Action RiOe Remington 700 BDL Bolt-.Action Rifle ~700BDLV~S~aI Remington 700 BDL European Bolt-Action RiOe Remington 700 Vannint Synthetic Rifle Reminpon 700 BDL sa RiOe Remington 700 Stainlea Synthetic RiOe Remington 700 MTRSS RiOe Remington 700 BDL Left Hand Remington 700 Camo Synthetic RiDe Remington 700 Safari Remington 700 Mountain RiDe Remington 700 Custom KS Mountain Rifle Remington 700 Claaic Rifle Ruger M77 Mark n Rifle Ruger M77-Mark n Mapum Rifle Ruger M77RL tntra Light Ruger M77 Mark n All-Weather Stainless Rifle Ruger M77 RBI International Carbine Ruger M77 Mark n Express RiOe Ruger M77VT Target RiOe Sako Hunter RiOe Sako Fiberclass Sporter Sako Safari Grade Bolt .Action Sako Hunter Left-Hand RiOe Sako Classic Bolt .Action Sake Hunter LS RiOe Sako Deluxe Lightweight &ko Super Deluxe Sporter &ko Mannlieher-Style Carbine &ko Varmint Heavy Barrel

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Sako TRG-S Bolt-Action Rifle Sauer 90 Bolt-Action Rine Sa...., 1100 Bolt-.Aetion Rifle Savaae 110CY YoutblLadiea Rifle Savaae llOWLE One of One Tbouaand Limited Edition Rifle Savage 110GXP3 Bolt-Action Rifle Savqe 1l0F Bolt-..Action Rifle Savage 1l0FXP3 Bolt-Aetion Rifle Savage llOGV VanaiDt Rifle Savage 112FV Varmint Rifle Sawp Model 112FV8 VarmiDt Bille Savage Model 112BV H~ Baml VarmiDt Rifle Savqe 116FSS Bolt-Action Rifle Savap model 116FSK Kodiak Rifle Savap 1l0FP Poliee Rifle Steyr-Mamilicher Sporter Models SL, L, M, Step.-MannJicher S, SIT Lama Model L, M, 8 Steyr-Mannlicber Model M Professional Rifle Tikka Bolt-Action Rifle Tikka Premium Grade Rifles Tikka Varmint/Continental Rifle Tikka WhitetaiVBattue Rifle Ultra Lilbt .Anna Model 20 Rifle Ultra LiPt Anna Model 28, Model 40 Rifles Voere VEe 91 LigbtDiDg Bolt-Aetion RiDe Voere Model 2165 Bolt-Action Rifle Voere Model 2155, 2150 Bolt-Action Rifles Weatherby Mark V Dehue Bolt-Action Rifle Weatherby Laaermark V Rifle Weatherby Mark V Crown Cusmm Rifles Weatherby Mark V Sporter Rifle Weatherby Mark V Safari Grade Custom Rifles Weatherby Weathennark Rifle Weatherby Weathermark Alaskan Rifle Weatherby Claaaiemark No. 1 Rifle Weatherby Weatherpard Alaskan Rifle Weatherby Vanpard vax Delase Rifle WeatherbyVanpard Claaaic Rifle Weatherby Vanpard Classic No.1 Rifle Weatherby Vanpard Weatherpard Rifle WJChita Classic Rifle WIChita Vannint Rifle Wmchester Model 70 Bporter Wmchester Model 70 Sporter WmTuff Wmchester Model 70 S1rI Bport.er Wmcheater Model 70 StaiDIesa Rifle Wmchester Model 70 Varmint Wmchester Model 70 Synthetic Heavy Vannint Rifle Wmchester Model 70 DBM Rifle Wmchester Model 70 DBM-S Rifle Wmcheater Model 70 Featherweight Winchester Model 70 Featherweight WmTutT Wmchester Model 70 Featherweight Classic Wmchester Model 70 Lightweight Rille 24 \ WInChester Ranger Rifle Wmchester Model 70 Super E:ipreaa Magnum Wmchester Model 70 Super Grade

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Winchester Model 70 Custom Sharpshooter W'mchester Model 70 Custom Sporting Sharpshooter Rifle

Ceater&e Rill.. Single Shot

Annsport. 1866 Sharps Rifle, Carbine Brown Model One Single Shot Rifle Browning Model 1885 Single Shot Rifle Dakota Single Shot Rifle Desert Industries G-90 Single Shot RiDe Haninpn &; Richardson Intra Varmint Rifle Model 1885 High Wall Rifle Navy Arms Rolling Block Buffalo Rifle Navy Arms #2 Creedmoor Bil'Ie Na'f)' Anna Sharpa Cavalry Carbine Navy Arms Sba.,. PlaiDs Rifle New EngIaDd FireanDa Handi-RiOe Red Willow .AnnOI")' Ballard No. 5 Pacific Red Willow AnnoI")' BaUard No. 1.5 Hunting RiOe Red Willow .AnnOI")' Ballard No.8 Union Hill Rifle Red WiUow .AnnOI")' Ballard No. 4.5 Target Rifle Remington-Style Rolling Block CarbiDe Ruger No. IB Single Shot Ruger No. lA Light Sporter Ruger No. 1H Tropical Rifle Buser No. IS Medium Sporter Ruger No. 1 RSI International Ruger No. IV Special Varminter C. Sharpa Anna New Model 1874 Old Reliable C. Sharpe Arms New Model 1875 RiOe C. Sharps Arms 1875 Classic Sharps C. Sbarpa Arms New Model 1875 Target &; Long Range Shiloh Sharps 1874 Long Range Express Shiloh Sharps 1874 Montana Rougbrider Shiloh Sba11J8 1874 Military Carbine Shiloh Sharps 1874 Business RiOe Shiloh Sharps 1874 Military Rifle Sharps 1874 Old Reliable ThompsorVCenter Contender Carbine Thompaon'Center Stainless Contender Carbine Tbompaon/CeDter Contender Carbine Survival Syatem Thompson/CeDt.er Contender Carbine YOIlth Model Thompson/CeDter TOR '87 Single Shot Rifle Uberti RolliDg Block Baby Carbine

DrilliDp, Comblaalion Guu, Double IWI.. Baretta Expreaa SSO oro Double Rifles Baretta Model 455 &S ElqJreas Rifle ChapWs RGExpreaa Double Rifle Aupate Francotte Sidelock Double RiOes Auguste Francott.e BoDlck Double Rifle Heym Model 55B oro Double Rifle Heym Model 55FW oro Combo Gun Heym Model 88b Side-by-Side Double Rifle Kodiak Mk. IV Double Rifle Kreighoff Teck oro Combination Gun Kreighotr Tnunpf' Drilling

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Merkel OverIUnder CombiDaaon GaDa Merkel Drillinp Merkel Model 160 Side-by-Side Double Rifles Merkel OverIUnder Double RifIee Savqe 24F oro Combination Gun Savage 24F-12T Turkey Gun Springfield Inc. M6 Scout RitkIShotpn Tikka Model 412s CombiDation Gun Tikka Model 412S Double Fire A. Zoli Rifle-Shottan oro Combo JUmftre Rlfl.. Autoloaden .wT LiPtnintr 2&122 Rifle AMT LiPtning Small-Game Hunting RiDe n .AlIT Magnum Hanter AufA) Rifle Anschutz 525 Deluxe Auto .Annaeor Model 20P Auto Rifle Bl"OWIlinr Aato-22 Rifle BrovmiDr Auto-22 Grade VI Krico Model 260 AufA) Rifle Lakefield Arms Model 64B Auto Rifle Martin Model 60 Self-Loadiag Rifle Martin Model 60ss Self-Loading Rifle Marlin Model 70 HC Auto !WHo Model 9901 Self-Loading 1WIe Marlin Model 70P Papoose Marlin Model 922 Mqnum Self-Loading Rifle Marlin Model 995 Selt-Loading Rifle Norinco Model 22 A.TD Rifle .. Remincton Model 522 V1peJ' Autoloading RiDe Remington 552BDL Speedmaater Rifle Ruger l0i22 Autoloading Carbine (w/o folding stock) Sarviwl Anna AR-7 Explorer Rifle Texas Remington RevoIrinr Carbine Voere Model 2115 Auto Rifle lUaftn IWI__ Le ver 4: Slide Actlon Browninr BL-22 Lever·Action Rifle Marlin 39TDS Carbine Marlin Model 39AS Golden Lever-.Action Rifte Remm,ton 572BDL Fieldmaster Pump Rifle Norinco EM-321 Pump Rifte Rossi Model 62 SA Pump Rifte Rossi Model 62 SAC Carbine Wmeheeter Model 9422 Lever·Action Rifle Wmehester Model 9422 Mqnam Lever-.Aetion Rifle

Rlmtire Rlft_ Bolt ActiOD8 " SiDgle Shots Anschutz Achiever Bolt-Action Rille Anachutz 1416D11516D Classic Rifles .Anschutz 1418DI1518D Mannlidler riDes Anschutz 1700D Classic Rifles Allachutz 1700D Cnstom Rifles .Anschutz 1700 FWT Bolt-Action Rifle Anachutz 1700D Grapbite Custom Rifte

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ADachutz 17000 Bavarian Bolt-Action Rifle Armacor Model 14P Bolt-Aetion Rifle Armacor Model 1500 Rifle BRNO ZKM-452 Delme Bolt-Action Rifle BRNO ZKM 452 Deluxe BeemanIHW 6()...J-ST Bolt-Action Rifle Browning A-Bolt 22 Bolt-Aetion Rifle Browning A-Bolt Gold Medallion Cabanas Phaaer Rifle Cabanas Muter Boh-Action Rifle Cabanas Esproneeda IV Bolt-Action Rifle Cabanas Leyre Bolt-Action RiDe Chipmunk Single Shot Rifle Cooper Arms Model 36S Sporter Rifle Oakota 22 Sporter Bolt-Action RiOe Krico Model 300 Bolt-Action Rines Lakefield .Anna Mark n Bolt-Action Rifle Lakefield ArmII Mark I Bolt-Action Rifle Magtech Model MT-22C Bolt-Action Rifle Marlin Model 880 Bolt-Action RiOe Marlin Model 881 Bolt-Action Rifle Marlin Model 882 Bolt-Action RiDe Marlin Model 883 Bolt-.A.etion Bifle Marlin Model 883BS Bolt-.Aetion Rifle Marlin Model 25MN Bolt-Aetion Rifle Marlin Model 25N Bolt-Action Repeater Marlin Model 15m ''Little Buckaroo" Maoser Model 107 Bolt-Action Rifle Maoser Model 201 Bolt-.Aetion Rifle Navy Arms TU-KKW Tnining Rifle Navy Anna TU-33140 CBJbine Navy .Arms TU-KKW Sniper Trainer Norinco JW-27 Bolt-Action Rifle Norinco JW-15 Bolt-Action RiDe Remington 541-T Remington 4O-XR Rimtire Custom &pOrter Remington 541-T lIB Bolt-Action Rifle Remington 581~ Sportaman RiDe Rugw 77122 Rimfire Bolt-Action Rifle Ruger K77fl2 Vamdnt RiDe Ulb'a Light arms Model 20 RF Bolt-Action Rifle Wmchester Model 52B Sporting Rifle

Co_petitio. 1Wl.. Centerfire A Rim.fire Ansehutz 64-MS Left Silhouette Anschutz 18080 RT Super Match 54 Target Anschutz 1827B Biathlon Rifle Anschutz 19030 Match RiOe Anschutz 18030 Itennediate Match Anschutz 1911 Match Rifle Ansehutz 54.18MS REP DeIoxe Silhouette Rifle Anschutz 1913 Super Match Rifle .Anschutz 1907 Match Rifle Anachutz 1910 Super Match D Anachutz 54.18MS Silhouette Rifle ADlebutz Super Match 54 Tarpt Hodel 2013

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.Anachuu Super Match 54 Target Model 2007 BeemulFeiDwerkbau 2600 Tarpt Bifle Cooper Anna Model TRP-1 ISU Standard Rifle E.A.AJWeihrauch BW 60 Tarpt Rifle E..A.AJHW 660 Match Rifle FiDniah Lion 8tandani Target Rifle Krico Model 360 82 Bi&tblon Rifle Krieo Model 400 Match Rifle Krieo Model 3608 Biathlon Rifle Krico Model 500 KrieotI'Cmio Match Rifle Krieo Model 600 Sniper Rifle Krieo Model 600 Match Rifle Lake6eld Anna Model lOB Target Rifle Lakefield Arms Model 91 T Target Rifle Lake&eld .Arm. Model 928 Silhouette Rifle Marlin Model 2000 Target Rifle Maoaer Model 8&-SR Specialty Rifle McMillan M-86 Sniper Rifle McMillan Combo M-87/M-88 SO-Caliber Rifle McMillan 300 Pboeaix Long Range Rifle McMillan M-89 Sniper Rifle McMillan National Match Rifle M:cMillaD Long Ranp Bif1e Parker-Hale M-87 Target Rifle Parker-Hale M-85 8Diper Bille RemiD(rton 4O-XB Baagemaster Tmoget CentBtire RemiJJBtcm 4O-XR KS Rim6re Position Rifle Remingtml 4O-XBBR KS BemiDRton 4O-XC KS National Match Course Rifle SaIto TRG-21 Bolt-Action Rifle Steyr-Marmlieher Match SPG-urr Rifle Steyr-Mannlicller SSG P-I Rifle Steyr-Mannlieher SSG p-m Rifle Steyr-Mannlieher SSG P-IV Rifle Tanner Standard U1T Rifle Tanner 50 Meter Free Rifle Tanner 300 Meter Free Rifle Wichita Silhouette Rifle

Shotcm»-Autoloaden American AnnIIFranchi Black Magie 4S1AL BeIIelli Super Black Eagle Sbotpn Beaelli Super Blact Eagle Slug Gun BeneUi M1 Soper 90 Field Auto Shotgun Benelli MonteCeltro Super 90 20-Gaop Shotpn Benelli MonteCeltro Super 90 Shotpn Benelli M1 SPOrtinc Speeial Auto Shotpn BenelB Blaelt Eagle Competition Auto Shotgun Beretta A-303 Auto Sbotpn Beretta 390 Field Auto SboquD Beretta 390 Super Tnp, Super Skeet ShotguDa Beretta Vittoria Auto Shotpn Beretta Model 1201F Auto Shotpn Browuinc BaA 10 Auto Bbotpn Browning BSA 10 Stalbr Auto Shotpn Browning A-500R Auto Shotgun

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Browning A-500G Auto Shotgun BI'OW1linr A-500G 8portiDg Clays Browniar Auto-5 LiBbt 12 and 20 Browning Auto-5 Stalker Browning Auto-5 Mapmn 20 Browning .Auto-5 Mapum 12 Churchill Turkey Aotomatie Shotgun Cosmi Automatic Shotgun Maverick Model 60 .Auto Shotgun Mosaberg Model 5500 Shotgun Mosaberg Model 9200 Bepl Semi-Auto Shotgun MOI8berg Model 9200 USST Auto Shotgun Mossberg Model 9200 Camo Shotgun Mossberg Model 6000 Auto Shotgun Remington Model 1100 Shotgun Remington 11-87 Premier Shotgun Remington 11-87 Sporting Clays Remington 11-87 Premier Skeet Remington 11-87 Premier Trap RemiDgton 11-87 SpecW Purpose Magnum Remiagton 11-87 SPS-T Camo Auto Shotgun Remington 11-87 SpecW Purpose Deer Gun Remington 11-87 SPS-BG-Camo Deer/Tul'key Shotgun Remington 11-87 SPS-Deer ShotpD Remington 11-87 Special Purpose Synthetic Camo Remington SP-I0 Magnum-Camo Auto Shotgun Remington SP-I0 Mapum.Auto Shotgun Remington SP-I0 Mapum Turkey Combo Remington 1100 LT-20 Auto Remington 1100 Special Field Remington 1100 2O-Gauge Deer Gun Remington 1100 LT-20 Tournament Skeet W"mcbester Model 1400 Semi·Auto Shotgun

Browning Model 42 Pump Shotgun Browning BPS Pump Shotgun Browning BPS Stalker Pump Shotgun Browning BPS Pigeon Grade Pump Shotgun Browning BPS Pump Shotgun (Ladies and Youth Model) Browning BPS Game Gun Turkey Special Browning BPS Game Gun Deer Special Ithaca Model 87 Supreme Pump Shotgun Ithaca Model 87 Deerslayer Shot«un Ithaca Deerslayer n RiDed Shotgun Ithaca Model 87 Turkey Gun Itbaea Model 87 DehDe Pump Shotgun Magteeh Model 586-VR Pump Shotgun lIa~ Models 88, 91 Pump Shot«uns Mossberg Model 500 Sporting Pump M088berg Model 500 Camo Pump M088berg Model 500 Maaleloader Combo M088berg Model 500 Trophy siupter Mouberg Turkey Model 500 Pump M088berg Model 500 Bantam Pump M088berg Field Grade Model 835 Pump Shotgun

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M088berg Model 835 Rep) UJti·Mag Pump Remington 870 W"mpaater RemiDgton 870 Special Pmpoae Deer GaD RemiDgton 870 SPS-BG-Camo Deerfl'urkey Shotgun RemiDgton 870 SPS-Deer Shotgun RenaiJlpm 870 Marine Magnum Remington 870 TC Trap Remington 870 Special Purpose Synthetic Camo Remington 870 W"mgmaster Small Gauget Remiqton 870 Express Rille Sighted Deer Gun Remington 879 SPS Special Purpose Magnum RemingtoD 870 SPS-T CAmo Pump Shottrun Remington 870 Special Field Remington 870 Exprea Turkey Remington 870 High Grades Remington 870 &press Reminpon Model 870 Expl"lllll Youth Gun Winchester Model 12 Pump Shottrun WJDchester Model 42 High Grade Shotgun Winchester Model 1300 Walnut Pump W"mchester Model 1300 Slug Hunter Deer Gun W'mcheater Model 1300 Ranger Pump Gun Combo &: Deer Gun Winchester Model 1300 Turkey Gun W"mchester Model 1300 BaDger Pump Gun

Sho~Ddel'8 American AnnaIFranehi Falconet 2000 010 American Arms Silver I oro American Arms Silver n Shotpn American Arms Silver Skeet oro American AIm&'Francbi SportiDg 2000 OIU American Arma Sihw SportiDg oro American Arma Silver Trap OIU American Arms WSlOU 12, TS{()U 12 Shotguns American .Anna WT/OU 10 Shotgun Armsport 2700 oro Goose Gun Annsport 2700 Series oro Armsport 2900 Tri·Barrel Shotgun Baby Bretton OverlOnder Shotgun Beretta Model 686 UltraliPt OIU Beretta ABE 90 Competition oro Shotgun Beretta OverJUnder Field Shotguns Beretta On,yx Hunter Sport OIU Shotgun Beretta Model 805, 806, 809 Shotguns Beretta Sportintr CIa,y SbotpDa Beretta 687EL Sporting oro Beretta 682 Super Sportm, OIU Beretta Series 682 Competition OverIUnden Browning Citori oro Shotpn Browning Superlight Citori OvedUoder Browning LightniDg Sporting a.,. Browning MiCl'O Citori LightniDg Browning Citori Plus Trap Combo Browning Citori PJua Trap Gua Browning Citori oro Skeet Models Browning Citori oro Trap ModeJa

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Browning Special Sporting Clays Browning Citori GTI SportiDc Clays Browning 325 Sporting Clays Centurion OverlUnder Shotgun Chapuia OverlUnder Shotgun Conneeticut Valley Claaaiea Claaaic Sporter OIU Connecticut Valley Classiea Classic Field Waterf'owler Charles Daly Field Grade OIU Charles Daly Lax Owr/Under E.A.AJSabatti Sporting Clays Pro-Gold OIU E.A.AJSabatti Falcon-Mon OverlUnder Kaaanar Grade I oro Shotgun Krieghoff K-80 Sporting Clays OIU Krieghoff K-80 Skeet Shotgun Krieghoff K-80 IDtemational Skeet Krieehoff K-80 Four-Barrel Skeet Set Kriechoft' K-8OIRT Bbotcans Kriegboft' K-80 oro Trap Shotpn LaUJ'Ona Silhouette 300 Sporting Clays Laorona Silhouette 300 Trap LaUJ'Ona Super Model OverIUudeJ'B ~utic LM-6 Delwre OIU Shotpn Maroccbj Conquista OverIUnder Shotpn Marocchl Avanza oro Shotgun Merkel Model 200E oro Shotgun Merkel Model200E Skeet, Trap OverlUndeJ'B Merkel Model 203E, 303E OverIUnder Shotguns Perazzi Mirqe Special SportiDc OIU Perazzi Miraae Special Foar-Gaap Skeet Perazzi Sporting Cluaic O/U Perazzi MX1 OverIUnder SbotgaJJa Perazzi Mirage Speeial Skeet OverIUnder Perazzi MX8IMX8 Special Trap, Skeet Peraui MX.8I20 OvedUnder Shotpn Peraui MX9 Single OverIUnder Shotguns Perazzi MXl2 Hunting OverIUnder Perazzi MX28, MX410 Game OIU Shotguns Perazzi MX20 Hunting OverIUnder Piotti Boas OverlUnder Shotgun RemiDgton Peerlea OverIUnder Shotgun Rupr Red Label oro Shotpn Ruger Sporting Clays oro Shotgnn San Marco 12-Ga. Wildflower Shotpn San Kareo Field Special DIU Shotpn San Marco 10-Ga. O/U Sbotpn SKB Model 505 Deluxe OverIUnder Shotgun SKB Model 685 OverIUnder Shotgun SKB Model 885 OverIUnder Trap, Skeet, Sporting Clays Stoeger/IGA Condor I oro Shotpn Stoeger/IGA ERA 2000 OverlUnder Shotgun Techni-Mec Model 610 OverlUnder Tikka Model 412S Field Grade OverlUnder Weatherby Athena Grade IV oro Shotguns Weatherby Athena GTade V Classic Field OIU Weatherby Orion oro Shotguns Weatherby n, m Classic Field 008 Weatherby Orion n Classic Sporting Clays OIU

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WeatherbY Orion n Sporting CIa,ya oro W'uiehester Model 1001 oro Shotpn W'mchester Model 1001 Sporting Clays oro Pietro Zaooletti Model 2000 Field oro

American Arms Brittany Shotpn American Arms Gently Double Shotgun American Arms Derby Side-by-Side American Arms Grulla #2 Double Shotgun American Arms WPJSS 10 American Anna TSISS 10 Double Shotgun American Anna TtWS 12 Side-by-Side Arrieta Sideloek Double SbotpDB Annaport 1050 Series Double Shotpna .Arizaga Model 31 Double Shot.sun AYA Boslack ShotpDB AYA Sidelock Double Shot(JunB Beretta Model 452 Sideloek Sbotpn Beretta Side-by-Side Field Shottrana Crucelepi HenDaDOI Model 150 Double Cbapais Side-by-Side Sbotpn E.A..AJSabatti Saba-Mon Double Shotgun Charles Daly Model Dsa Double FerbD Model F vn Double Sbotcan Auauate FraneottA Boslack Shotcun Aquste FraDCOtte 8ide1ock Sbotcan Gubi Model 100 Double Gubi Hodel 101 Side-by-Side Garbi HodeII03.A, B Side-by-Side Garbi Model 200 Side-by-Side Bill Hanus BiJodpa Doublet Hat&eld Uplander Shotgun Merkell Model 8, 47B SicJe..b1-Side SbotpnI Merkel Model 47LSC 8portiDg ClayB Doable Merkel Model 478, 1478 Slde-by-Sidea Parker Reproductiona Side-by-Side Piotti King No. 1 Side-by-Side Piotti LuIIik Side-by-Side Piotti King Extra Side-by-Side Piotti Piuma Side-by-Side Precision Sports Model 600 Series Doubles Rir.ziDi Boxlock Side-by-Side Bizzini Sidelock Side-by-Side StoeserIIGA Uplander Side-by-Side Shotgun Uprteehea 10-Ga. Magnum Shotgun Sh otpDe-Boit ActiOD8 a SiDale Shot. Armsport Single Barrel Shotgun Browning BT-99 Competition Trap Special Browning BT-99 Plus Trap Gun Browning BT-99 Plus Micro Browning Recoilless Trap Shotgun 32 Browning Micro &coilleas \ Trap Shotgun Desert Industries Bir Twenty Shotgun

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Harrington " Riehardaon Topper Model 098 Harrington 4: RicbardIon Topper Claaaic Youth Shotgun BaniDgton "lUchardaon N.W.T.F. Turkey Mag Harrington " Riebardaon Topper Deluxe Model 098 Kri.,poff XS-5 Trap Gun Kriegboff XS-5 Special Kriepoft' 1:-80 Siqle Barre1 Trap Gun ~utic Mono Gun Single Barrel ~utie LTX Super Dehue :Mono Gun . i4utie Beeoi11ea Space Gun Shotcun Marlin Model 55 Goose Gun Bolt Action New EnPmd Itn.rma Turkey and Goose Gun New England Firearms N.W.T.F. Shotgun New England Firearms Tracker Slug Gun New England Firearms Standard Pardner New England Firearms 8nrvival Gun Peraai TMI SpeeiaI SiDgle Trap Remington 9O-T Super Sinale Shotgun Snake Charmer U Sbotpn SWegeJflGA Reuua SiDgle Barrel Sbotpn Thompsonl'Oenter TOR '87 Hunter Shotpn.".

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•

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IN lHE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

DICK ANTHONY HELLER, el 01. ) ) Plaintiffs ) ) Y. ) CASE: I :08-cY-0 1289 ) Hon. Ricardo M. Urbina THE DISTRICT OF COLUMBIA, el al. ) ) ) Deft:ndants )

DECLARATION OF MARK OVERSTREET

I, Mark Overstreet, do hereby swear or affinn:

1. I am employed as the Research Coordinator for the National Rifle Association

of America, Inc., in Fairfax, Virginia. One afmy functions is to collect research,

primarily from United States government sources, on the production and availability of

fireanns in the United States.

2. The following addresses estimated production of AR-15 type rifles from 1986

to the present. It also addresses production of detachable ammunition magazines.

AR-15 Type Rifle Production

3. The teml "Colt AR-J 5 series" refers to different models of a rifle

manufactured by Colt's Defense and its predecessor companies. "AR-15" is commonly

used as a generic term to describe the same or similar rifles made by other manufacturers.

4. AR-15s arc semiautomatic, meaning that they arc designed to fire only once

when the trigger is pulled. They have the capacity to accept a detachable magazine.

Standard magazines hold 20 or 30 rounds of ammunition, but magazines of other

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capacities are also available. They also have a pistol grip typically 3'/. to 4 indies in

length that protrudes at a rearward angle beneath the action of the rifle.

S. Since Colt's introduced the AR-IS SP-I in 1963. roughly two million AR-ISs

have been manufoctured. This estimate is based upon annual fircarm manufacturing and

expon statistics published by the Bureau of Alcohol, Tobacco, Firearms !\nd Explosives

C'ATF") for the years 1986-2007, as set forth below. I

6. 196]-1985. Data for thesc first 23 ycars of AR-IS production are not reflected

herein. Colt's and othcr manufacturers produced AR-1Ss in this time frame.

7. J986-1QQ7. In these years, more thall 1.62 million AR-I Ss were made and nol

exported by the most prolific AR-IS manuracturers. l The following manufacturers,

whose rifle production is limited exclusively or almost exclusively to AR-I S5, reported

dIe following numbers of rifles made and not exported produced during years 1986-2007:

Armalite 105,364 Bushmaste r/Quality Parts 526,252 Colt's 496.937 CMMG 4,753 DPMS 174.623 Eagle Arms 7.107 Essential Arms 31,552 Olympic 99.332 PWA 33,807 Rock River 80.538 Sabre Defense 5.797 Sendra ],301 Slag Arms 57.162

Total 1,626,525

1 The annual reports for 1998-2007 are available at WW\Y.atf.gov/flIeannslstatslindex.htm. Reports for 1986-1997 are available in hard copy from ATF. l See attached spreadsbeet for annual production per manufacturer. ATF reports do not show model names, but show fireann types (rifle, shotgun, pistol, revolver, and miscellaneous). ManufactureJS listed are known to make primarily AR-lS type rifles. The tolal is an underoount; it does not include AR-ISs made by Smith & Wesson, Remington, and other prolific rifle manufHClurers whose AR-15 production cannot be distinguished from their total rifle production within the ATF reports.

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8. 2008-1009: Fireann sales have increased dramatically in recent months. The

FBI reports that background checks processed through the National Instant Criminal

Background Cheek System (l\ICS). which are conducted for pw-chascs of fircanns by

consumers from dealers, increased approximately 11.4 percent in 2007 compared to

2006; npprox.imlltely 13.7 percent in 2008 compared to 2007; and approximately 25.6

percent during the first five months of2009 compared to the same period in 2008.3

9. Estima/ed AR-J5 Production. /986-2009. lfthe trend for AR-IS rifle

production in 2008-2009 is identical to that for NICS trnllSllCtions fo r the same period,

nearly 340,000 AR-15s were made and not exported in 2008 and the first fiv~ months of

2009. That figure, added to the 1.62 million-plus noted earlier. implies" conservative

estimate of nearly 1.97 mi llion AR-15s for thc pcriod 1986-May 2009. If the 25.6 percent

increase for the first five months of2009 continues throughout the year, D. projected

2,145,162 AR-15 type rifles will have been produced and not exported from 1986

through 2009. See attached spreadsheet.

10. AR-/ 5 Production Relative to Thqt QrA" US.~Made FireamLf and Rifles. In

2007, there were 3,677.387 firearms (excluding fully-automatic firearms) made in the

U.S. and not exported. Of these, 1,401,251 were rifles, including at least 202,213 AR-

15s. Thus, AR~15s accoWlted for at least 5.S percent of f-.reanns, and at least 14.4

percent of rifles, made in the U.S. for the domcstic market that yeW'.

11 . U.S -Mude firearm... as q Pe"ce",a~ Q/All Newly-Manufactured Firearms

Available for Commercial Sale in the United Stales. Since at least 1986, U.S.-made

frrcarms have accounted for roughly three-fourths of al1 new firearms available on the

3 FBI monthly and yearly NICS transaction data are available online at www.fbi.!!Ov/hglcjjsd/nicslnies checks tOlnl .pdf.

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oonunercial market in the United States. Even with the addition of imported firearms to

the above calculations, AR-15s account for a significant percentage of newly-

manufactured firearms available for commercial sale in the United States.

Magazine Pruduction

12. The fo llowing addresses certain aspects of the manufacture lind importation

of ammwlition feeding devices for fircanns. Ammunition feeding devices that have a

capacity of more than to rounds of ammunition are primarily detachable box: magazines

designed for semiautomatic rifles or semiautomatic pistols, or tubular magazines

designed for .22 rimfire caliber rifles.

13. Piyto/ Mqgazines. Annual firearm manufacturing and export statistics

published by ATF indicate that semiautomatic pistols rose as a percentage of total

hnndguns mode in the United States and not e){ported, from 52 percent of 1.3 million

handguns in 1986. to 77 percent of 1.5 million handguns in 2007. 4

14. Standard magazines for very commonly owned semiautomatic pistols hold up

to 17 rounds ofammunition. In 2001, about two-thirds of the 1.2 million pistols made in

the United States and not exported were in calibers typically using magazines that hold

more than 10 rounds.

15. [n recent decades. the trend in semiautomatic pistols commonly acquired by

private citizen.s in the United States has been away from those designed to hold 10 rounds

or fewer, to those designed to hold more than 10 rounds. This tracks with trends among

law enforcement personnel. Before the widespread adoption of semiautomatic pistol:! by

law enforcement agencies, most law enforcement officers carried five- or six-shot

4 1998-2007 annual reports available online at www.atf.gov/fireanns/stats/index.htrn. Reports for 1986·1997 were provided in hard copy fonn by A TF.

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revolvers. Today, law enforcement officers typically carry pistols the standard

magazines for which hold more tbnn 10 rounds, such as the Glock 17, the standard

maga7Jnes for which hold 17 munds. Pistols commonly carried by law enfoTt%ment

officers are also widely owned by private citizens ill the United Sillies.

16. 1be same trend has developed relative 10 pislols issued in our armed forces,

which are also commonly owned by private citizens in the United Slates. The standard

magazine for the armed forces' Beretta M9 9mm service pistol holds 15 rounds. The M9

replaced the MI911 .45 caliber pistol, the standard magazine for which holds seven

rounds.

17. RIDe MagazineJ. Beginning with the Ml Carbine, introduced in the 19405,

rifles capable of accepting detachable magazines holding more than 10 rounds. and

typically equipped with such magazines, have been inereasingly common among private

citizens in our country. More than six million MI Carbine series rifles have been made

since their introduction in the 19405, and the standard magazines for them hold 15 or 30

rounds.' As noted above, there are roughly two million AR-IS type rifles, and they are

typically sold with between one and three standard magazines. More than 800,000 Ruger

Mini-14 series rifles have been produced since their introduction in J 974, and many are

equipped with starxilud magazines of20 or 30 rounds.' Numerous other rifle makes and

models also have the capacity to accept, and are commonly equipped with, magazines

holding more than 10 rounds.

, Edward Clinton Ezell, Small Arm.~ ofthe World, Jtit &iUion, Stackpole Books, 1983, p. 779,784. 6 Stunn, ltuger website, rifle serial numbers by year, http;llwww,ruger fireaons.com/FirearrnslPS·SerialNumberllistorv-RJ.html#.

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18. Magazine Production Data. There are no reliablc published figurcs for the

number of magazines that are made or imported caeh year. ATF does not require

manufacturers to reIXlrt magazine production. In addition to magazines sold with

fireanns, many more magazines are widely available on the open market.

19. Estimates arc sct forth in Christopher S. Koper, AM Updated Assessment af

Ihe Federal Assault Weapons Ban: Impacts 0"1 Gun Markets and Gun Violer/ce. 1994·

2003 (Report to the National Institute of Justice, U.S. Dep't. of Justice 2(04). available at

httpllwww.sas.upenn.edu/jerryleelresearchlaw filla I2004.pdf. Koper reported that, a<; nf

1994, 18 percent of civilian-owned firearms, including 21 percent of civilian-owned

handguns. were equipped with magazines holding over ten rounds, and that 25 million

gWlS were equipped with such magazines. Id. at 1. Some 4.7 million such magazines

were imported during 1995-2000. Id.

20. Koper further reported that, as of 1994, 40 percent of the semiautomatic

handgun models and a majority of the semiautomatic rifle models manufactured and

advertised before the ban were sold with, or had a variation that was sold with, a

magazine holding over 10 rounds. !d. at 6.

[declare Wider penalty of perjury that the foregoing is true and correct.

MARK OVERSTREET

Date: July 8,2009

239 of 284 Case: 14-36 Document: 68-2 Page: 64 04/29/2014 1212251 108 A-1338 1 4 2 20 62 07 1 1 421 525 937 358 782 4 9 , , ,332 , ,623 , , , , 1997 Total 1 4,753 4 0 5,797 3,30 3 7, 9 5 10 42 80,538 57, 96,937 31,552 33,807 9 2 105,364 17 4 626 526,252 , 1 9 Manufacturer 5 nd ' 016 a , Total 2,658 2,124 3,883 8,192 Gr 27 1 2009. ed. t 1 4 4 6 and 41 lis 273 593 10 213 635 502 060 05 027 ,19 , , , , , , , , e 2007 1995 1996 , 1,2 1,357 1,97 2,265 3 3 7 ar 10 12 48,628 25,415 22,625 54 57 58,269 2008 202 GS in fl 1 ri 1 1 es 6 64 80 fl 1 44 994 8 ,868 ri 200. 1 1,268 7.435 7,319 4 2, 0, 0,4 0,475 7,538 type 1 1 14, 1 4 21,902 2 57,03 99,609 49,436 . 173,609 type lIl!gJe77afffll 1 0 8 2009 AR-15 ·2 1 ·15 83 327 798 in R ,822 ,923 , Of 2005 1993 A 2,2 7,837 7,349 1,089 1,502 1 1 2 8,227 8,79 3,702 3,035 s 12,816 2 65,00 4 es 60,236 r l f 128,281 e r ri 2 3 actu 50 11 4 59 5 f type ' 47. 4 ,593 ,389 ,179 ,527 produced 200' 5 1992 1 1 1 2,520 2,008 8,7 9,729 6,395 3,165 1 11 1 44,028 25,8 anu 95,906 33, · _UlIlB!tl'OOl R also l m A , al 8 91 03 7 ot 169 1 23. 843 9 665 003 982 613 , . , , ,690 ,7 , , r N 2 1991 1 1 2 5,286 6 7,005 7,364 5,543 14 1 1 45 4 35 actured f Wesson & &2OO rifles. anu 8 1 4 9 8 m 19 257 8 128 102 11 97 60S .053 , , type 2002 1990 2, 2,362 6, Smith 7,630 4 s, 10,841 13,616 42 44,795 86 35,936 mmwnemt2l.9?2 also Division. , r and AR·15 7 , 79 41 r 1 244 485 982 ,666 , Explosives ,071 ,753 ,639 ·Ruge 2001 1989 1 8,49 5,379 7,866 4 0,2 8,163 7 5,648 m 1 14 5 31, 43,819 r u and manufacturer Information Remington St 1 , 1 4 1 1 7 9 4 1 829 495 050 and Coordinato , , 2000 1988 urer 5,54 3,653 1,235 2,520 2,15 8,2 t 16,649 23 27,27 84 39,926 selected nearty-exclusively Firearms , ufac or u facturers, n 6 7 3 ma Research 1 1 4 77 50 Research man 277 330 999 , 4 9 . export. , 1987 1 1 1,2 2.3 2,421 7,404 7,9 6,834 nn usively l Tobacco 25,533 64,374 18, 24,234 me.en1lllElWWJZ!!l9~ , " ea r i f exc irearm Action minus ll uce 768 359 ,539 , Overstreet , d 1998 1986 A~ohol 1 4,325 6,557 3,678 1,870 2 o argest l 25,098 29,564 69,222 r 15 1 larges of p Mark hird wo t t Legislathle isted by producllon. l for Bureau : rers rifle e er u nation's nation's Arms Arms 2. c t e e lJer Total Total l of c i Defense type Defense Arms Arms complied R RllJer Th Th 1 Arms Arms sour Institute e e e: t oto: a Manufact • N N Bushmas Eagl Essential PWA Rock Arma1lte Annual CMMG OPMS Sabre Scndra Slag Sabre Sendra Stag Olympic Coli's Bushmaster DPMS PWA Rock Eagle Essential AR-15 Armallte Annual Page Tabl CUMG Olymp Colt's NRA Data

240 of 284 Case: 14-36 Document: 68-2 Page: 65 04/29/2014 1212251 108 A-1339 FRfrueffirofB3 and 2009, 1ffItRtlOJ68211CIB Jan.-May 211 525 686 714 , , , ,763 , rifles 6 AR·15 and 268 966 339 109 229,923 ,62 1, 2,145,162 1 type 2008 on. i 1986-200r 2009 2009 for ffimlLrmImt2m12 Divis Increase incrcllsc Increase 1986·2009 1986-2fXl7 , , exports, Explosives 1986-May 2008-May 13.7% 25.6% 25.6% , on and i manufacturers, with with with Information minus proJection, , % 6 and Coordinator 57% .70% . .3 2009, 2008, 2009, manufacturers projection, project 11 13 25 ncrease selected Firearms I % production prolific exports months 23 93 Research Research le ,6 ,0 export, rif five Tobacco, 77,335 mmmnlJB(ly.Aljwag~ 1 831 036.933 , , , . minus 6,067,141 4 Action , type exports, 11 12,709 10 first minus 2009 Overstreet, Alcohol, AR-15 minus of In Mark production, legislative 196G-May by production, 2008 2009 2008 for 2006 2007 Bureau rifle Increase firearm total, 2 production, May May . rce: - .• of type complied U.s 2 sou Institute Jan Jan. ata projected Projected Page NAA Total D AR-15 Table

241 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 1 of 21 Case: 14-36Document:68-2Page:6604/29/20141212251108

Violence Policy Center A-1340 Firearm Justifiable Homicides and Non-Fatal Self-Defense Gun Use

An Analysis of Federal Bureau of Investigation and National Crime Victimization Survey Data 242 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 2 of 21

The Violence Policy Center (VPC) is a national non-profit educational organization that conducts research and public education on violence in America

and provides information and analysis to policymakers, journalists, advocates, and the general public. This study was funded with the support of the David Case: 14-36Document:68-2Page:6704/29/20141212251108 Bohnett Foundation, The Herb Block Foundation, and The Joyce Foundation. This study was authored by VPC Senior Policy Analyst Marty Langley and VPC Executive Director Josh Sugarmann. Past studies released by the VPC include:

Lost Youth: A County-by-County Analysis of 2011 California Homicide Victims Ages 10 to 24 (March 2013) — States With Higher Gun Ownership and Weak Gun Laws Lead Nation in Gun Death (February 2013, annual study) — Black Homicide Victimization in the United States: An Analysis of 2010 Homicide Data (January 2013, annual study) — When Men Murder Women: An Analysis of 2010 Homicide Data (September 2012, annual study) — Understanding the Smith & Wesson M&P15 Semiautomatic Assault Rifle Used in the Aurora, Colorado Mass Murder (July 2012) — Gun Deaths Outpace Motor Vehicle Deaths in 10 States in 2009 (May 2012)— Bullet Buttons: The Gun Industry’s Attack on California’s Assault Weapons Ban (May 2012) — American Roulette: Murder-Suicide in the United States (May 2012, Third Edition)— "Never Walk Alone"—How Concealed Carry Laws Boost Gun Industry Sales (April 2012) — More Guns, More Shootings (January 2012) — The Militarization of the U.S. Civilian Firearms Market (June 2011) — A Shrinking Minority: The Continuing Decline of Gun Ownership in America (April 2011) — Blood Money: How the Gun Industry Bankrolls the NRA (April 2011) — Accessories to Murder (January 2011)— Drive-by America: Second Edition (July 2010) — Lessons Unlearned—The Gun Lobby and the Siren Song of Anti-Government Rhetoric (April 2010) — Target: Law Enforcement—Assault Weapons in the News (February 2010) — Law Enforcement and Private Citizens Killed by Concealed Handgun Permit Holders—An Analysis of News Reports, May 2007 to April 2009 (July 2009) — Indicted: Types of Firearms and Methods of Gun Trafficking from the United States to Mexico as Revealed in U.S. Court Documents (April 2009) — Iron River: Gun Violence and Illegal Firearms Trafficking on the U.S.-Mexico Border (March 2009) — Youth Gang Violence and Guns: Data Collection in California (February 2009) —“Big

Boomers”—Rifle Power Designed Into Handguns (December 2008) — An Analysis of the Decline in Gun Dealers: 1994 to 2007 (August 2007) — Clear A-1341 and Present Danger: National Security Experts Warn About the Danger of Unrestricted Sales of 50 Caliber Anti-Armor Sniper Rifles to Civilians (July 2005) — The Threat Posed to Helicopters by 50 Caliber Anti-Armor Sniper Rifles (August 2004) — United States of Assault Weapons: Gunmakers Evading the Federal Assault Weapons Ban (July 2004) — Vest Buster: The .500 Smith & Wesson Magnum—The Gun Industry's Latest Challenge to Law Enforcement Body Armor (June 2004) — Bullet Hoses—Semiautomatic Assault Weapons: What Are They? What’s So Bad About Them? (May 2003) — “Officer Down”—Assault Weapons and the War on Law Enforcement (May 2003)— “Just Like Bird Hunting”—The Threat to Civil Aviation from 50 Caliber Sniper Rifles (January 2003) — Sitting Ducks—The Threat to the Chemical and Refinery Industry from 50 Caliber Sniper Rifles (August 2002) — License to Kill IV: More Guns, More Crime (June 2002)— The U.S. Gun Industry and Others Unknown—Evidence Debunking the Gun Industry’s Claim that Osama bin Laden Got His 50 Caliber Sniper Rifles from the U.S. Afghan-Aid Program (February 2002) — “A .22 for Christmas”—How the Gun Industry Designs and Markets Firearms for Children and Youth (December 2001) — Unintended Consequences: Pro-Handgun Experts Prove That Handguns Are a Dangerous Choice For Self-Defense (November 2001) — Voting from the Rooftops: How the Gun Industry Armed Osama bin Laden, Other Foreign and Domestic Terrorists, and Common Criminals with 50 Caliber Sniper Rifles (October 2001) — Hispanics and Firearms Violence (May 2001) — Where’d They Get Their Guns?—An Analysis of the Firearms Used in High-Profile Shootings, 1963 to 2001 (April 2001) — A Deadly Myth: Women, Handguns, and Self-Defense (January 2001) — Handgun Licensing and Registration: What it Can and Cannot Do (September 2000) — Pocket Rockets: The Gun Industry’s Sale of Increased Killing Power (July 2000) — Guns For Felons: How the NRA Works to Rearm Criminals (March 2000) — One Shot, One Kill: Civilian Sales of Military Sniper Rifles (May 1999)— Cease Fire: A Comprehensive Strategy to Reduce Firearms Violence (Revised, October 1997)

Violence Policy Center, 1730 Rhode Island Avenue, NW, Suite 1014, Washington, DC 20036 202-822-8200 phone, 202-822-8205 fax, www.vpc.org web © April 2013, Violence Policy Center 243 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 3 of 21

Introduction Case: 14-36Document:68-2Page:6804/29/20141212251108

Guns are rarely used to kill criminals or stop crimes.

In 2010, across the nation there were only 230 justifiable homicides1 involving a private citizen using a firearm reported to the Federal Bureau of Investigation’s Uniform Crime Reporting (UCR) Program as detailed in its Supplementary Homicide Report (SHR). 2 That same year, there were 8,275 criminal gun homicides tallied in the SHR. In 2010, for every justifiable homicide in the United States involving a gun, guns were used in 36 criminal homicides.3 And this ratio, of course, does not take into account the thousands of lives ended in gun suicides (19,392) or unintentional shootings (60 6) that year.4

This report analyzes, on both the national and state levels, the use of firearms in justifiable homicides. It also details, using the best data available on the national level, the total number of times guns are used for self-defense by the victims of both attempted and completed violent crimes and property crimes—whether or not the use of the gun by the victim resulted in a fatality. A-1342 Key findings of this report, as detailed in its accompanying tables, include the following.

1 The Federal Bureau of Investigation (FBI) defines “justifiable homicide” as the killing of a felon, during the commission of a felony, by a private citizen.

2 The Federal Bureau of Investigation’s Uniform Crime Reporting (UCR) Program collects basic information on serious crimes from participating police agencies and records supplementary information about the circumstances of homicides in its unpublished Supplementary Homicide Report (SHR). The SHR contains more detailed information not available through published UCR data or elsewhere including: the age, sex, and race of victims and offenders; the types of weapons used; the relationship of victims to offenders; and, the circumstances of the homicides. Detailed information (such as weapon used, relationship between the victim and offender, etc) in the SHR is available only for the first victim and/or offender in any justifiable homicide or homicide incident. From 2006 to 2010, 97.8 percent of justifiable homicide incidents (1,008 out of 1,031) had just one victim. Recognizing how the data is presented in the SHR and the fact that virtually all justifiable incidents had just one victim, throughout this report justifiable homicide incidents will be referred to as justifiable homicides.

3 Number of reported justifiable homicides and homicides taken from Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) Program Supplementary Homicide Report (SHR) as tabulated by the Violence Policy Center. It is important to note that the coding contained in the SHR data used in this report comes from law enforcement reporting at the local level. The level of information submitted to the SHR system may vary from agency to agency. While this study utilizes the best and most recent data available, it is limited by the degree of detail in the information submitted.

4 Source: Federal Centers for Disease Control and Prevention WISQARS database. 244 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 4 of 21

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Justifiable Homicides with a Gun Compared to Criminal Gun Homicides

# In 2010, there were only 230 justifiable homicides involving a gun. For the five-year period 2006 through 2010, there were only 1,031 justifiable homicides involving a gun. [For additional information see Table One: Firearm Justifiable Homicides by State, 2006–2010.]

# In 2010, 15 states5 reported no justifiable homicides (Alabama, Connecticut, Hawaii, Idaho, Illinois, Iowa, Montana, New Hampshire, New York, North Carolina, North Dakota, Vermont, West Virginia, Wisconsin, and Wyoming). [For additional information see Table One: Firearm Justifiable Homicides by State, 2006–2010.]

# In 2010 for every justifiable homicide in the United States involving a gun, guns were used in 36 criminal homicides. For the five-year period 2006 through 2010, for every justifiable homicide in the United States involving a gun, guns were used in 44 criminal homicides. [For additional information see Table Two: Circumstances for Homicides by Firearm, 2006–2010.] A-1343

Relationship of Person Killed to Shooter in Justifiable Homicides

# In 2010, 35.7 percent (82 of 230) of persons killed in a firearm justifiable homicide were known 6 to the shooter, 56.5 percent (130) were strangers, and in 7.8 percent (18) the relationship was unknown. For the five-year period 2006 through 2010, 31.4 percent (324 of 1,031) of persons killed in a firearm justifiable homicide were known to the shooter, 57.0 percent (588) were strangers, and in 11.5 percent (119) the relationship was unknown. [For additional information see Table Three: Relationship of Person Killed to Shooter in Justifiable Homicides by Firearm, 2006–2010.]

5 In 2010, as in years past, the state of Florida did not submit any data to the FBI Supplementary Homicide Report. Data from Florida was not requested individually because the difference in collection techniques would create a bias in the study results. In addition, according to the FBI, limited SHR data was received from Illinois for 2010. For the five-year period 2006 through 2010, the District of Columbia submitted SHR data only in 2009, during which there were no justifiable homicides in the District.

245 of 284 Relationship categories in which the justifiable homicide victim was known to the shooter are acquaintance, boyfriend, brother, common-law husband, employee, ex-husband, ex-wife, father, friend, girlfriend, husband, in-law, neighbor, other family, other known, son, stepfather, stepson, and wife. Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 5 of 21

Page 3 Case: 14-36Document:68-2Page:7004/29/20141212251108

Sex of Shooter in Justifiable Homicides by Firearm

# In 2010, of the 230 firearm justifiable homicides, 89.1 percent (205) were committed by men, 10.4 percent (24) were committed by women, and in one case (0.4 percent) the gender of the shooter was unknown. For the five-year period 2006 through 2010, of the 1,031 firearm justifiable homicides, 91.3 percent (941) were committed by men, 7.3 percent (75) were committed by women, and in 15 cases (1.5 percent) the gender of the shooter was unknown. [For additional information see Table Four: Sex of Shooter in Justifiable Homicides by Firearm, 2006–2010.]

Sex of Shooters and Persons Killed, Justifiable Homicides by Firearm

# In 2010, of the 230 firearm justifiable homicides, 98.3 percent (226) of the persons shot and killed were men and 1.7 percent (four) were women. For the five-year period 2006 through 2010, of the 1,031 firearm justifiable homicides, 98.5 percent (1,016) of the persons shot and killed were men and 1.5 percent (15) were women. [For additional A-1344 information see Table Five: Sex of Person Killed in Justifiable Homicides by Firearm, 2006–2010.]

# In 2010, 98.5 percent (202) of the persons killed by a male with a gun in a justifiable homicide were male and 1.5 percent (three) were female. For the five-year period 2006 through 2010, 98.7 percent (929) of the persons killed by a male with a gun in a justifiable homicide were male and 1.3 percent (12) were female. [For additional information see Table Six: Sex of Shooter and Person Killed, Justifiable Homicides by Firearm, 2006–2010.]

# In 2010, 95.8 percent (23) of the persons killed by a female with a gun in a justifiable homicide incident were male and 4.2 percent (one) were female. For the five-year period 2006 through 2010, 96.0 percent (72) of the persons killed by a female with a gun in a justifiable homicide incident were male and 4.0 percent (three) were female. [For additional information see Table Six: Sex of Shooter and Person Killed, Justifiable Homicides by Firearm, 2006–2010.] 246 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 6 of 21

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Race of Shooter in Justifiable Homicides by Firearm

# In 2010, 52.6 percent (121) of the shooters who committed justifiable homicides were white, 44.3 percent (102) were black, 2.2 percent (five) were Asian, none were American Indian, and 0.9 percent (two) were of unknown race. 7 For the five-year period 2006 through 2010, 53.1 percent (547) of the shooters who committed justifiable homicides were white, 40.8 percent (421) were black, 3.3 percent (34) were Asian, 0.4 percent (four) were American Indian, and 2.4 percent (25) were of unknown race. [For additional information see Table Seven: Race of Shooter in Justifiable Homicides by Firearm, 2006–2010.]

Race of Persons Killed in Justifiable Homicides by Firearm

# In 2010, 39.1 percent (90) of persons killed with a gun in a justifiable homicide were white, 60.0 percent (138) were black, none were Asian, 0.4 percent (one) was American Indian, and 0.4 percent (one) were of unknown race. For the A-1345 five-year period 2006 through 2010, 39.6 percent (408) of persons killed with a gun in a justifiable homicide were white, 58.2 percent (600) were black, 0.4 percent (four) were Asian, 1.1 percent (11) were American Indian, and 0.8 percent (eight) were of unknown race. [For additional information see Table Eight: Race of Persons Killed in Justifiable Homicides by Firearm, 2006–2010.]

# In 2010, 67.8 percent (82) of the persons killed with a gun in a justifiable homicide by a white shooter were white, 30.6 percent (37) were black, none were Asian, 0.8 percent (one) were American Indian, and 0.8 percent (one) were of unknown race. For the five-year period 2006 through 2010, 65.1 percent (356) of the persons killed by white shooters were white, 32.7 percent (179) were black, 0.2 percent (one) were Asian, 1.1 percent (six) were American Indian, and 0.9 percent (five) were of unknown race. [For additional information see Table Nine: Race of Shooter and Person Killed, Justifiable Homicides by Firearm, 2006–2010.]

7 Detailed information (such as race of offender and victim) in the FBI’s Supplementary Homicide Report is only available for the first victim and/or offender in the incident. Hispanic ethnicity could not be determined because of the inadequacy of data collection and reporting. 247 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 7 of 21

Page 5 Case: 14-36Document:68-2Page:7204/29/20141212251108

# In 2010, 4.9 percent (five) of the persons killed with a gun in a justifiable homicide by a black shooter were white, 95.1 percent (97) were black, none were Asian, none were American Indian, and none were of unknown race. For the five- year period 2006 through 2010, 7.6 percent (32) of the persons killed by black shooters were white, 92.2 percent (388) were black, none were Asian, 0.2 percent (one) were American Indian, and none were of unknown race. [For additional information see Table Nine: Race of Shooter and Person Killed, Justifiable Homicides by Firearm, 2006–2010.]

Types of Firearms Used in Justifiable Homicides

# In 2010, firearms were used in 83.0 percent of justifiable homicides (230 of 277). Of these: 72.2 percent (166) were handguns; 12.2 percent (28) were shotguns; 3.5 percent (eight) were rifles; and, 12.2 percent (28) were firearm, type not stated. For the five-year period 2006 through 2010, firearms were used in 81.3 percent of justifiable homicide incidents (1,031 of 1,268). Of these: 77.7 percent (801) were handguns; 9.1 percent (94) were shotguns; 4.5 percent (46) were rifles; 8.5 percent (88) were firearm, type not stated; and, 0.2 percent (two) were “other gun.” [For A-1346 additional information see Table Ten: Weapon Used in Justifiable Homicides, 2006–2010 and Table Eleven: Type of Firearms Used in Justifiable Homicides, 2006–2010.]

Number of Persons Shot and Killed in Justifiable Homicides by Firearm

# In 2010, of the 230 justifiable homicides involving a firearm: 98.3 percent (226) involved a single person killed in the justifiable homicide; 0.9 percent (two) involved two persons killed in the justifiable homicide; and, 0.9 percent (two) involved three persons killed in the justifiable homicide. For the five-year period 2006 through 2010, of the 1,031 justifiable homicides involving a firearm: 97.8 percent (1,008) involved a single person killed in the justifiable homicide; 1.8 percent (19) involved two persons killed in the justifiable homicide; 0.3 percent (three) involved three persons killed in the justifiable homicide; and, 0.1 percent (one) involved five persons killed in the justifiable homicide.

248 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 8 of 21

Page 6 Case: 14-36Document:68-2Page:7304/29/20141212251108

How Often are Guns Used in Self-Defense Whether or Not a Criminal is Killed?

While it is clear that guns are rarely used to justifiably kill criminals, an obvious question remains: How often are guns used in self- defense whether or not a criminal is killed?

Pro-gun advocates—from individual gun owners to organizations like the National Rifle Association—frequently claim that guns are used up to 2.5 million times each year in self-defense in the United States.8 According to the 2004 book Private Guns, Public Health by Dr. David Hemenway, Professor of Health Policy at the Harvard School of Public Health and director of the Harvard Injury Control Research Center:

Much discussion about the protective benefits of guns has focused on the incidence of self-defense gun use. Proponents of such putative benefits often claim that 2.5 million Americans use guns in self-defense against criminal attackers each year. This estimate is not plausible and has been nominated as the “most outrageous number mentioned in a policy discussion by an elected official.” A-1347

In his book, Hemenway dissects the 2.5 million number from a variety of angles and, by extension, the NRA’s own non-lethal self- defense claims for firearms. He concludes, “It is clear that the claim of 2.5 million annual self-defense gun uses is a vast overestimate” and asks, “But what can account for it?” As he details in his book, the main culprit is the “telescoping and...false positive problem” that derives from the very limited number of respondents claiming a self-defense gun use, “a matter of misclassification that is well known to medical epidemiologists.”9

8 See, for example: “The Armed Citizen” (“Studies indicate that firearms are used more than 2 million times a year for personal protection....”), America’s 1st Freedom, National Rifle Association, March 2013; “Bob Costas interrupts football game to bash American gun owners” (“According to criminologist Gary Kleck, 2.5 million Americans use firearms to defend their lives and the lives of their loved ones each year”), Chris W. Cox, NRA-ILA Executive Director (http://www.nraila.org/about-nra-ila/from-the-director.aspx, downloaded April 8, 2013); and, “Chris Cox’s NRA Armed Citizen: True Stories of Your Right to Self Defense in Action,” (“While the anti-gun media doesn't want to report the truth about Americans using guns for self-defense as often as 2.5 million times a year, you can read breaking stories of everyday citizens fending off violent criminals in CHRIS COX'S ARMED CITIZEN”), Armed Citizen E- Newsletter (https://www.nra.org/armedcitizen/, downloaded April 8, 2013). The 2.5 million estimate is the result of a telephone survey conducted by Florida State University criminologist Dr. Gary Kleck, see Hemenway, David, “The Myth of Millions of Annual Self-Defense Gun Uses: A Case Study of Survey Overestimates of Rare Events,” Chance (American Statistical Association), Volume 10, No. 3, 1997.

9 For a more detailed discussion, please see Hemenway, David, Private Guns, Public Health, (The University of Michigan Press, 2004), pp. 66- 69 and pp. 238-243. 249 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 9 of 21

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New Estimates on Self-Defense Uses of Firearms from the Bureau of Justice Statistics’ National Crime Victimization Survey

Hemenway notes, and numerous others agree, that the most accurate survey of self-defense gun use is the National Crime Victimization Survey (NCVS) conducted by the Bureau of Justice Statistics. The survey has been ongoing since 1973.10

Violent Crime

According to the NCVS, looking at the total number of self-protective behaviors undertaken by victims of both attempted and completed violent crime for the five-year period 2007 through 2011, in only 0.8 percent of these instances had the intended victim in resistance to a criminal “threatened or attacked with a firearm.”11 As detailed in the chart on the next page, for the five-year period 2007 through 2011, the NCVS estimates that there were 29,618,300 victims of attempted or completed violent crime. During this same five-year period, only 235,700 of the self-protective behaviors involved a firearm. Of this number, it is not known what type of A-1348 firearm was used or whether it was fired or not. The number may also include off-duty law enforcement officers who use their firearms in self-defense.

10 According to the website of the Bureau of Justice Statistics, the National Crime Victimization Survey (NCVS) “is the Nation's primary source of information on criminal victimization. Each year, data are obtained from a nationally representative sample of about 40,000 households comprising nearly 75,000 persons on the frequency, characteristics and consequences of criminal victimization in the United States. Each household is interviewed twice during the year. The survey enables BJS to estimate the likelihood of victimization by rape, sexual assault, robbery, assault, theft, household burglary, and motor vehicle theft for the population as a whole as well as for segments of the population such as women, the elderly, members of various racial groups, city dwellers, or other groups. The NCVS provides the largest national forum for victims to describe the impact of crime and characteristics of violent offenders,” (see http://www.bjs.gov/index.cfm?ty=dcdetail&iid=245).

11 For “violent crime” the NCVS measures rape/sexual assault, robbery, and aggravated and simple assault (see Bureau of Justice Statistics, “Violent Crime,” http://bjs.gov/index.cfm?ty=tp&tid=31#summary). 250 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 10 of 21

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Self-Protective Behaviors by Type of Crime, 2007–2011 Violent Crime Property Crime 2007–2011 2007–2011 Total Percent Total Percent Total Number of Crimes 29,618,300 100 84,495,500 100

Self-Protective Behavior

Offered no resistance 12,987,300 43.8 10,162,000 12.0 A-1349

Threatened or attacked with a firearm 235,700 0.8 103,000 0.1

Threatened or attacked with other weapon 391,100 1.3 38,200 –

Threatened or attacked without a weapon 6,552,900 22.1 421,300 0.5

Nonconfrontational tactics–yelled, ran, or argued 7,768,700 26.2 1,187,100 1.4

Other reaction 1,641,300 5.5 223,400 0.3

Unknown reaction 41,300 0.1 12,200* –

Property crime–victim not present ~ ~ 72,348,200 85.6 r-- – Less than 0.1 percent ~ Not applicable

* Interpret with caution. Estimate based on 10 or fewer sample cases, or coefficient of variation is greater than 50 percent.

Source: SPECIAL TABULATION, Bureau of Justice Statistics, National Crime Victimization Survey, 2007-2011 251 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 11 of 21

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Property Crime

According to the NCVS, looking at the total number of self-protective behaviors undertaken by victims of attempted or completed property crime for the five-year period 2007 through 2011, in only 0.1 percent of these instances had the intended victim in resistance to a criminal “threatened or attacked with a firearm.”12 As detailed in the table on the previous page, for the five-year period 2007 through 2011, the NCVS estimates that there were 84,495,500 victims of attempted or completed property crime. During this same five-year period, only 103,000 of the self-protective behaviors involved a firearm. Of this number, it is not known what type of firearm was used, whether it was fired or not, or whether the use of a gun would even be a legal response to the property crime. And as before, the number may also include off-duty law enforcement officers. In comparison, new data from the Department of Justice shows that an average of 232,400 guns were stolen each year from U.S. households from 2005 to 2010. 13

Comparing NCVS Data to Claims that Guns are Used in Self-Defense 2.5 Million Times a Year A-1350

Using the NCVS numbers, for the five-year period 2007 through 2011, the total number of self-protective behaviors involving a firearm by victims of attempted or completed violent crimes or property crimes totaled only 338,700. In comparison, the gun lobby claims that during the same five-year period guns were used 12.5 million times in self-defense (applying to the five-year period the gun lobby’s oft-repeated claim, noted earlier, that firearms are used in self-defense 2.5 million times a year).

12 For “property crime” the NCVS measures household burglary, motor vehicle theft, as well as property theft. Since the survey information is obtained from a sample of households, it does not include property crimes affecting businesses or other commercial establishments. If such crimes are reported to law enforcement, they are included in the FBI’s Uniform Crime Reporting Program. The NCVS includes property crimes affecting victims and household members which were reported and not reported to the police. (See Bureau of Justice Statistics, “Property Crime,” http://bjs.gov/index.cfm?ty=tp&tid=32).

13 “Firearms Stolen during Household Burglaries and Other Property Crimes 2005–2010,” U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, November 2012. 252 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 12 of 21

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Conclusion

The reality of self-defense gun use bears no resemblance to the exaggerated claims of the gun lobby and gun industry. The number of justifiable homicides that occur in our nation each year pale in comparison to criminal homicides, let alone gun suicides and fatal unintentional shootings. And contrary to the common stereotype promulgated by the gun lobby,14 those killed in justifiable homicide incidents don’t always fit the expected profile of an attack by a stranger: in 35.7 percent of the justifiable homicides that occurred in 2010 the persons shot were known to the shooter.

The devastation guns inflict on our nation each and every year is clear: nearly 32,000 dead, more than 73,000 wounded, and an untold number of lives and communities shattered. Unexamined claims of the efficacy and frequency of the self-defense use of firearms are the default rationale offered by the gun lobby and gun industry for this unceasing, bloody toll. The idea that firearms are frequently used in self-defense is the primary argument that the gun lobby and firearms industry use to expand the carrying of firearms into an

ever-increasing number of public spaces and even to prevent the regulation of military-style semiautomatic assault weapons and high- A-1351 capacity ammunition magazines. Yet this argument is hollow and the assertions false. When analyzing the most reliable data available, what is most striking is that in a nation of more than 300 million guns, how rarely firearms are used in self-defense. 15

14 For an example of the images used by the NRA, see those accompanying “Chris Cox’s NRA Armed Citizen: True Stories of Your Right to Self Defense in Action,” Armed Citizen E-Newsletter (https://www.nra.org/armedcitizen/, downloaded April 8, 2013).

15 It is estimated that the total number of firearms available to civilians in the United States is 310 million: 114 million handguns, 110 million rifles, and 86 million shotguns. Krouse, William J., Gun Control Legislation, Congressional Research Service, November 14, 2012, p. 8. 253 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 13 of 21

Table One: Firearm Justifiable Homicides by State, 2006–2010 Page 11 Case: 14-36Document:68-2Page:7804/29/20141212251108

Number of Justifiable Homicides State 2006 2007 2008 2009 2010 Total Alabama 12300 6 Alaska 21042 9 Arizona 10 10 17 13 16 66 Arkansas 11203 7 California 2424172023 108 A-1352 Colorado 33445 19 Connecticut 01000 1 Delaware 00011 2 Florida N/A N/A N/A N/A N/A N/A Georgia 10 8 18 11 19 66 Hawaii 01000 1 Idaho 01000 1 Illinois 12020 5 Indiana 753212 29 Iowa 00000 0 Kansas 11113 7 Kentucky 13594 22 254 of 284 Louisiana 10 12 7 9 10 48 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 14 of 21 Case: 14-36Document:68-2Page:7904/29/20141212251108 Number of Justifiable Homicides State 2006 2007 2008 2009 2010 Total Maine 02001 3 Maryland 61216 16 Massachusetts 00002 2 Michigan 5 5 4 16 13 43 Minnesota 00312 6 Mississippi 00121 4 Missouri 4 6 12 3 5 30 A-1353 Montana 00000 0 Nebraska 00021 3 Nevada 35453 20 New Hampshire 00000 0 New Jersey 20202 6 New Mexico 41132 11 New York 50000 5 North Carolina 72260 17 North Dakota 00000 0 Ohio 76122 18 Oklahoma 710645 32 Oregon 70034 14 255 of 284 Pennsylvania 5 11 11 11 8 46 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 15 of 21 Case: 14-36Document:68-2Page:8004/29/20141212251108 Number of Justifiable Homicides State 2006 2007 2008 2009 2010 Total Rhode Island 00001 1 South Carolina 55967 32 South Dakota 00001 1 Tennessee 1018191014 71 Texas 3038414444 197 Utah 00001 1 Vermont 00000 0 A-1354 Virginia 45695 29 Washington 33032 11 West Virginia 00000 0 Wisconsin 23460 15 Wyoming 00000 0 Total 187 196 205 213 230 1,031 256 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 16 of 21

Table Two: Circumstances for Homicides by Firearm, 2006–2010 Page 14 Case: 14-36Document:68-2Page:8104/29/20141212251108

Number of Homicides Circumstance 2006 2007 2008 2009 2010 Total Criminal Homicide 9,707 98.1% 9,610 98.0% 9,039 97.8% 8,697 97.6% 8,275 97.3% 45,328 97.8%

Justifiable Homicide 187 1.9% 196 2.0% 205 2.2% 213 2.4% 230 2.7% 1,031 2.2%

Ratio of Criminal Homicide to 52-1 49-1 44-1 41-1 36-1 44-1 Justifiable Homicide Total 9,894 9,806 9,244 8,910 8,505 46,359 A-1355 257 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 17 of 21 Table Three: Relationship of Person Killed to Shooter in Justifiable Homicides by Firearm, 2006–2010 Page 15

Number of Justifiable Homicides Relationship Case: 14-36Document:68-2Page:8204/29/20141212251108 2006 2007 2008 2009 2010 Total Acquaintance 34 18.2% 34 17.3% 32 15.6% 36 16.9% 51 22.2% 187 18.1%

Boyfriend 0 0.0% 2 1.0% 2 1.0% 1 0.5% 2 0.9% 70.7%

Brother 0 0.0% 1 0.5% 2 1.0% 0 0.0% 0 0.0% 30.3%

Common-Law Husband 1 0.5% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 10.1%

Employee 0 0.0% 1 0.5% 0 0.0% 0 0.0% 0 0.0% 10.1% Ex-Husband 0 0.0% 1 0.5% 1 0.5% 3 1.4% 3 1.3% 80.8% Ex-Wife 0 0.0% 0 0.0% 0 0.0% 0 0.0% 1 0.4% 10.1% Father 0 0.0% 0 0.0% 2 1.0% 2 0.9% 2 0.9% 60.6% A-1356 Friend 4 2.1% 0 0.0% 4 2.0% 0 0.0% 1 0.4% 90.9% Girlfriend 0 0.0% 1 0.5% 1 0.5% 0 0.0% 1 0.4% 30.3% Husband 3 1.6% 2 1.0% 0 0.0% 1 0.5% 1 0.4% 70.7% In-Law 0 0.0% 1 0.5% 0 0.0% 0 0.0% 1 0.4% 20.2% Neighbor 3 1.6% 3 1.5% 3 1.5% 4 1.9% 3 1.3% 16 1.6% Other Family 0 0.0% 6 3.1% 1 0.5% 4 1.9% 0 0.0% 11 1.1% Other Known 11 5.9% 7 3.6% 9 4.4% 9 4.2% 7 3.0% 43 4.2% Son 0 0.0% 1 0.5% 1 0.5% 1 0.5% 4 1.7% 70.7% Stepfather 0 0.0% 0 0.0% 1 0.5% 0 0.0% 2 0.9% 30.3% Stepson 0 0.0% 0 0.0% 2 1.0% 0 0.0% 3 1.3% 50.5% Stranger 105 56.1% 106 54.1% 124 60.5% 123 57.7% 130 56.5% 588 57.0% Wife 1 0.5% 1 0.5% 1 0.5% 1 0.5% 0 0.0% 40.4%

258 of 284 Unknown Relationship 25 13.4% 29 14.8% 19 9.3% 28 13.1% 18 7.8% 119 11.5% Total 187 196 205 213 230 1,031 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 18 of 21 Table Four: Sex of Shooter in Justifiable Homicides by Firearm, 2006–2010 Page 16 Case: 14-36Document:68-2Page:8304/29/20141212251108 Number of Justifiable Homicides Sex of Shooter 2006 2007 2008 2009 2010 Total Male 166 88.8% 179 91.3% 192 93.7% 199 93.4% 205 89.1% 941 91.3%

Female 15 8.0% 12 6.1% 11 5.4% 13 6.1% 24 10.4% 75 7.3%

Unknown 6 3.2% 5 2.6% 2 1.0% 1 0.5% 1 0.4% 15 1.5% Total 187 196 205 213 230 1,031

Table Five: Sex of Person Killed in Justifiable Homicides by Firearm, 2006–2010

Number of Justifiable Homicides Sex of Person Killed A-1357 2006 2007 2008 2009 2010 Total Male 184 98.4% 192 98.0% 202 98.5% 212 99.5% 226 98.3% 1,016 98.5%

Female 3 1.6% 4 2.0% 3 1.5% 1 0.5% 4 1.7% 15 1.5%

Total 187 196 205 213 230 1,031

Table Six: Sex of Shooter and Person Killed, Justifiable Homicides by Firearm, 2006–2010

Sex of Number of Justifiable Homicides Sex of Shooter Person Killed 2006 2007 2008 2009 2010 Total Male 163 98.2% 176 98.3% 190 99.0% 198 99.5% 202 98.5% 929 98.7% Male Female 3 1.8% 3 1.7% 2 1.0% 1 0.5% 3 1.5% 12 1.3%

Male 15 100.0% 11 91.7% 10 90.9% 13 100.0% 23 95.8% 72 96.0% Female Female 0 0.0% 1 8.3% 1 9.1% 0 0.0% 1 4.2% 34.0% 259 of 284 Total 181 191 203 212 229 1,016 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 19 of 21

Table Seven: Race of Shooter in Justifiable Homicides by Firearm, 2006–2010 Page 17 Case: 14-36Document:68-2Page:8404/29/20141212251108 Number of Justifiable Homicides Race of Shooter 2006 2007 2008 2009 2010 Total White 103 55.1% 97 49.5% 114 55.6% 112 52.6% 121 52.6% 547 53.1%

Black 71 38.0% 83 42.3% 74 36.1% 91 42.7% 102 44.3% 421 40.8%

Asian 4 2.1% 8 4.1% 11 5.4% 6 2.8% 5 2.2% 34 3.3% American Indian 1 0.5% 1 0.5% 1 0.5% 1 0.5% 0 0.0% 40.4% Unknown 8 4.3% 7 3.6% 5 2.4% 3 1.4% 2 0.9% 25 2.4% Total 187 196 205 213 230 1,031

Table Eight: Race of Persons Killed in Justifiable Homicides by Firearm, 2006–2010 A-1358

Number of Justifiable Homicides Race of Person Killed 2006 2007 2008 2009 2010 Total White 75 40.1% 74 37.8% 82 40.0% 87 40.8% 90 39.1% 408 39.6%

Black 106 56.7% 119 60.7% 115 56.1% 122 57.3% 138 60.0% 600 58.2%

Asian 1 0.5% 0 0.0% 2 1.0% 1 0.5% 0 0.0% 40.4% American Indian 4 2.1% 1 0.5% 3 1.5% 2 0.9% 1 0.4% 11 1.1% Unknown 1 0.5% 2 1.0% 3 1.5% 1 0.5% 1 0.4% 80.8% Total 187 196 205 213 230 1,031 260 of 284 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 20 of 21 Table Nine: Race of Shooter and Person Killed, Justifiable Homicides by Firearm, 2006–2010 Page 18

Race of Race of Number of Justifiable Homicides Case: 14-36Document:68-2Page:8504/29/20141212251108 Shooter Person Killed 2006 2007 2008 2009 2010 Total White 62 60.2% 64 66.0% 71 62.3% 77 68.8% 82 67.8% 356 65.1%

Black 39 37.9% 31 32.0% 38 33.3% 34 30.4% 37 30.6% 179 32.7%

White Asian 0 0.0% 0 0.0% 1 0.9% 0 0.0% 0 0.0% 10.2%

American Indian 1 1.0% 0 0.0% 3 2.6% 1 0.9% 1 0.8% 61.1%

Unknown 1 1.0% 2 2.1% 1 0.9% 0 0.0% 1 0.8% 50.9%

White 9 12.7% 5 6.0% 5 6.8% 8 8.8% 5 4.9% 32 7.6%

Black 61 85.9% 78 94.0% 69 93.2% 83 91.2% 97 95.1% 388 92.2%

Black Asian 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 00.0% A-1359 American Indian 1 1.4% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 10.2% Unknown 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 00.0% White 1 25.0% 2 25.0% 5 45.5% 0 0.0% 1 20.0% 9 26.5% Black 2 50.0% 6 75.0% 5 45.5% 4 66.7% 4 80.0% 21 61.8% Asian 1 25.0% 0 0.0% 1 9.1% 1 16.7% 0 0.0% 38.8% Asian American Indian 0 0.0% 0 0.0% 0 0.0% 1 16.7% 0 0.0% 12.9% Unknown 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 00.0% White 0 0.0% 0 0.0% 1 100.0% 1 100.0% 0 0.0% 2 50.0% Black 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 00.0% American Asian 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 00.0% Indian American Indian 1 100.0% 1 100.0% 0 0.0% 0 0.0% 0 0.0% 2 50.0% Unknown 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 00.0%

261 of 284 Total 179 189 200 210 228 1,006 Case 1:13-cv-00291-WMS Document 79-3 Filed 06/21/13 Page 21 of 21

Table Ten: Weapon Used in Justifiable Homicides, 2006–2010 Page 19 Case: 14-36Document:68-2Page:8604/29/20141212251108 Number of Justifiable Homicides Weapon 2006 2007 2008 2009 2010 Total Firearm 187 80.3% 196 78.1% 205 83.0% 213 81.9% 230 83.0% 1,031 81.3%

Knife or cutting instrument 31 13.3% 37 14.7% 30 12.1% 29 11.2% 32 11.6% 159 12.5%

Blunt object 3 1.3% 0 0.0% 0 0.0% 3 1.2% 4 1.4% 10 0.8% Bodily force 3 1.3% 10 4.0% 3 1.2% 8 3.1% 4 1.4% 28 2.2% Strangulation 1 0.4% 0 0.0% 0 0.0% 0 0.0% 0 0.00% 10.1% Asphyxiation 0 0.0% 0 0.0% 1 0.4% 1 0.4% 0 0.00% 20.2% Unknown 8 3.4% 8 3.2% 8 3.2% 6 2.3% 7 2.5% 37 2.9% A-1360 Total 233 251 247 260 277 1,268

Table Eleven: Type of Firearms Used in Justifiable Homicides, 2006–2010

Number of Justifiable Homicides Weapon 2006 2007 2008 2009 2010 Total Firearm, type not stated 11 5.9% 9 4.6% 19 9.3% 21 9.9% 28 12.2% 88 8.5%

Handgun 152 81.3% 158 80.6% 162 79.0% 163 76.5% 166 72.2% 801 77.7%

Rifle 10 5.3% 8 4.1% 11 5.4% 9 4.2% 8 3.5% 46 4.5% Shotgun 14 7.5% 20 10.2% 13 6.3% 19 8.9% 28 12.2% 94 9.1% Other Gun 0 0.0% 1 0.5% 0 0.0% 1 0.5% 0 0.0% 20.2% Total 187 196 205 213 230 1,031 262 of 284 Case: 14-36 Document: 68-2 Page: 87 04/29/2014 1212251 108 A-1361

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INJURY

Copyrisht C aOO4 by David Hemmway AU rigbta reserved Published In the Un!ted StaleS of America by The UDlverlity of Michigan Preu Manufactured In the UDlted States of America 8 Printed on acid-free paper

:&007 :&006 wo~ :&004 4 3 10 I

No part of thia publication may be reproduced. stored In a retrieval system. or transmitted in any form or by any means. electronic. mechanical. or otherwise. without the written permlaslon of the publisher.

A C1P utaID, record fin mu book is availab~ frtnn the British Libra,.".

Library of Conpas Cataloging-in-Publication Data

Hemenway. David, 1945- Private guns. public health I David Hemenway. p.;CDI. Includes bibliographical references and Inde&. ISBN 0-47:&-1l405-0 (cloth : alk. paper) I. Gunshot wounds-UDlted States-Prevention. 2. Firearms-Law and legidatlon-Unlted States. 3. Gun control- United States. 4. Public policy-United States. ~. Medical poller-Unlted States. 6. FImU1IIII ownersh~UDlted States. [DNLM: I. Firearm ownership-United Stata. 2. Wounds. Gunahot~idemioloBY-United States.,. Public Health-United States. 4· Public Policy-United Stata. WO 807 H498p 20041 I. Tide.

RD96., .H45 2004 617.1' 4s'09:n-dcu

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PRIVATE GUNS, PUBLIC HEALTH is high, burglars seek out unoccupied claimed that when gun prevalence Yet the evidence comes not to avoid being shot (Kleck 1988, 1997b). dwellings using different victim scientific study but from a flawed comparison from a United States, in different time periods for four areas--the ization surveys to the and Toronto. In the United States, compared Britain, the Netherlands, no of burglaries are committed when other three areas, a higher percentage not take into account relevant factors one is at home. Kleck's analysis does (e.g., the percentage of time in which that might explain the association compared to the United States but not dwellings are occupied). The areas are are examined. One could jwt as other, and only four nations/cities to each and Stockholm cigarette consumption is higher in Japan well argue that since than Japanese and Swedish live longer than in the United States. and the Americans, cigarettes are good for longevity. the Uniform Crime Reports for all A more reliable study wed data from the U.S. National Crime Victimiza fifty U.S. states for 1977-98 and data from for 1994-98. The findings from tion Survey (NCVS) for 330,000 households and states with more guns have higher both analyses were that U.S. counties rates of "hot burglary" (burglary when rates of burglary and higher per capita 2003). Homes with firearm collec someone is at home) (Cook and Ludwig burglars. tions are considered prime targets for do indicate that most would prefer Surveys of burglars in the United States that no one is armed-when they that no one is at home--and presumably 1985; Wright and Rossi 1986). enter the premises (Rengert and Wasilchick burglars, who are anIong the least There is little question that professional and do not want to get of serious criminals, want merchandise violent evidence that or shot. But there is currently no credible arrested, bludgeoned, or in reduces burglary or any other crime a high prevalence of gun ownership any way reduces potential violent confrontations. GUN USE? HOW COMMON IS SELF-DEFENSE

benefits of guns has focwed on the Much discussion about the protective of such putative benefits often of self-defense gun use. Proponents incidence against criminal Americans use guns in self-defense claim that 2.5 million and 1995). This estimate is not plausible attackers each year (Kleck and Gertz number mentioned in a policy has been nominated as the "most outrageous Ludwig, and Hemenway 1997, 463)· discussion by an elected official" (Cook, telephone survey in which respon- The estimate comes from a national

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SELF-DEFENSE USE OF GUNS reveal All attempts at external validation dents reported their own behavior. 1997b). For example, in 34 percent of it to be a huge overestimate (Hemenway guns for self-defense, respondents stated that they used the cases in which this themselves during burglaries. If true, they said they used guns to protect in self-defense in approximately 845,000 would translate into guns being used victimization surveys (the NCVS), burglaries each year. From sophisticated burglaries in the year that there were fewer than 6,000,000 however, we know at of those cases was someone certainly of the survey, and in only 1,300,000 owned firearms, and since the Since only 41 percent of U.S. households home. asleep, the 2.5 mil of the occupied dwellings remained victims in two-thirds self burglary victims used their guns in lion figure requires us to believe that time. defense more than 100 percent of the gun use during burglary comes A more reasonable estimate of self-defense police department reports. Examin from a retrospective analysis of Atlanta four-month period, researchers identified ing home invasion crimes during a dwellings when someone was 198 cases of unwanted entry into single-family only three cases (less than 2 percent) ~d at home (Kellermann et al. 1995). In If this figure were extrapolated nation a victim use a firearm in self-defense. it would suggest approximately twenty ally for the year the survey covers, thousand gun uses against burglary. million self-defense gun uses per year If it were true, the estimate of 2.5 There just aren't enough seri would lead to many other absurd conclusions. so many times. For example, the nwnber ous crimes for victims to use guns a gun against rape and robbery respondents who claim to have used of are more likely to victims of these attempted crimes attempts suggests that the the attackers are to use a gun against use a gun against the offender than the time and place for the attack, victim--even though the criminal chooses carry guns. Similarly, the not own guns, and very few people most citizens do inci guns in self-defense and report the number of people who claim to use survey) often exceeds the total nwnber dent to police (64 percent in the Kleck all the crimes when the victim did of such crimes reported to police, including not have a gun (Ludwig 2000). survey are also grossly exagger Other results coming from this telephone shot more than two hundred thousand ated. Respondents claim to have hundred thousand people total (typ criminals. Yet each year, only about one or accidents) are treated in emer Ically victims of assaults, suicide attempts, 1995). Kleck (1997b) for gunshot wounds (Annest et al. gency departments when gunshot victims are ~riminals, and makes the strange claim that most

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PRIVATE GUNS. PUBLIC HEALTH of criminals are shot they do not seek professional, medical care. But surveys jail detainees find that even among criminals, almost all go'to hospital emer crim gency rooms for treatment of their wounds. Of more than 380 surveyed inals in jails in California, Ohio. Nevada, Georgia, Maryland, and Washing to ton, D.C., who had been wounded in incidents, few of which were related their incarceration, more than 90 percent went to the hospital for treatment (Mayet al. 2000a; May, Hemenway, and Hall 1002). While the survey respondents claimed to be shooting more than 200,000 only criminals, FBI's Uniform Crime Reports (UCR) for that year reported were with 350 justifiable homicides by private citizens, and not all of these about firearms (U.S. Department ofJustice 1993). Per week, that would mean figure , 3,850 shootings of bad guys-but fewer than 7 died? Even if the UCR the may be somewhat of an underestimate (discussed later in this chapter) wounding/death rates just don't make sense. Respondents from this telephone survey also report being victims of more whose than four times the number of robberies as is estimated by the NCVS, purpose is to determine rates of victimization. But none of these additional of robberies seem to show up in police records or in hospital admissions injured patients. have Survey respondents in the self-defense telephone survey also claim to from used their guns to save more than four hundred thousand people a,year of the death. Yet only twenty-seven thousand homicides occurred in the year survey. In other words, for every person actually murdered, gun owners cer claimed to be saving fifteen (usually themselves and their families) from are tain death. One might then expect that non-gun owners, of whom few than saved by guns, would have much higher rates of homicide victimization to be gun owners. Yet the evidence shows that non-gun owners are less likely murdered than are gun owners. It is clear that the claim of 2.5 million annual self-defense gun uses is a vast overestimate. But what can account for it? The main causes are telescoping and the false-positive problem-a matter of misclassification that is wen of known to medical epidemiologists. (See appendix A for a discussion .elf· defense gun use and the false-positive problem.) Fortunately, the NCVS. prob which includes information on self-defense, drastically reduces these lems. Housing units in the NCVS remain in the sample for three years, and resi dents are interviewed every six months. To eliminate telescopin,-the reporting of events that occurred outside the time frame in question-Ind-

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SELF-DEFENSE USE OF GUNS dents reported in the first interview are excluded. Residents are asked in sub sequent interviews only about events that occurred since the most recent interview. In surveys of criminal victimization, telescoping can increase esti mates "by between 40% and 50% depending on the type of crime; the inflation rate is greatest for violent crimes" (Skogan 1990,262; see also Cantor 1989). More important, the NCVS properly restricts claims of self-defense gun use to those who report a threatened, attempted, or completed victimization; it cannot be a genuine self-defense gun use unless there is an actual threat. Limiting the defensive gun use issue to this group e1iminates most of the false-positive problem. The resulting estimate for annual defensive gun uses is between 55,000 and 120,000 per year, less than one-twentieth of the 2.5 mil lion figure (Cook 1991; McDowall and Wiersema 1994; National Archive 1998). The NCVS estimate has some limitations. It does not ask about all crimes (e.g., trespassing or vandalism), but only about six serious ones-rape and sexual assault, robbery, assault, burglary, nonbusiness larceny, and motor vehicle theft. However, no one claims that instances of self-defense gun use for the minor crimes that are omitted would dramatically swell the total. We also might expect the NCVS to give an underestimate of self-defense gun use since it prompts respondents not by asking directly whether they used a gun in self-defense but only by asking, "What did you do?" and "Anything else?" However, there is little reason to expect that respondents might forget or migltt be unwilling to report using a gun to protect themselves against a crime that occurred within the past six months. (See appendix A on self-defense gun use.) Whatever its limitatio~s, it seems clear that the NCVS estimates of self defense gun use are more valid than the private telephone survey estimates of millions of self-defense gun uses each year.

IS MORE BETTER?

A presumption exists that the higher the number of reported self-defense gun uses, the greater the benefit of guns, both to the user and to society generally. This assumption may be incorrect. An increased likelihood of self-defense gun use may change the behavior of criminals in a perverse direction. Rather than being deterred from commit ting crimes, criminals may instead increasingly arm themselves in the belief

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APPENDIXES

1. Retaliation. If more guns lead to more serious violence. the victims' family. friends, or gang associates may be more likely to seriously retaliate. killing the perpetrator and his friends or gang associates. by any means, gun or nongun. 2. Court congestion. If more guns lead to more serious crime. the police and court system may become overtaxed. reducing the probability of apprehending and convicting the correct perpetrator. This reduces the costs of crime to the perpetrator. which can increase the amount and seriousness of criminal behavior. 3. Reduction i11 social capital. When serious crime increases. commu nity trust and interaction fall. Regular citizens become afraid to go out at night, making the streets even less safe. Fear may lead to neighborhood instability as longtime residents decide to move out. The reduction in the social fabric of the community may increase the likelihood of serious crime, including homicide by all methods. Evi dence shows that in the United States, states with more guns not only have more homicides but also have lower levels of trust and social interaction (Hemenway et al. 2001). 4. Changes in social norms. An increase in gun homicide may increase the social tolerance for lethal violence of all kinds, reducing commu nity responses to high homicide rates.

The fact that areas with more guns have higher nongun homicide rates m; also result from reverse causation-higher homicide rates. by any metho lead to more households obtaining guns for protection. Studies have not bee able to accurately determine the extent to which the gun-homicide conne tion comes from reverse causation. However, it is sometimes also claim. that if gUllS become less available, determined killers will simply substitu other methods of killing. This hypothesis suggests that in areas with few guns, after accounting for other factors. there should be more nongun hon cides. However, studies typically show either a positive relationship (Mill, Azrael, and Hemenway 200le) or no relationship (Killias 1993. Hemenw and Miller 2000) rather than a negative relationship between gun prevalen and nongun homicide, which is inconsistent with the claim of substitutior SELF-DEFENSE GUN USE

Estimates of the Humber of self-defense gun uses come from self-report Sl veys. A large potential problem with using this approach is what epidemio

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APPENDIXES gists call the false-positive problem. Misclassification is an important source of bias in virtually all surveys. (ncorrect classification comes from a wide vari ety of causes, including miscoding, misunderstanding, misremcmbering, misinterpretation of events, mischief, and downright mendacity. All self report surveys have some problems with inaccuracy (misclassification). For example, respondents substantially overreport seat belt use and often incor rectly report whether and for whom they voted in the last election (Parry and Crossley 1950). People do not report with great accuracy whether they were employed or unemployed during the past year (Akerlof and Yellen 1985). Some people do not report truthfully about such mundane details as their age, height, and weight (Weaver and Swanson 1974). A literature review ofthe validity of self-report responses characterizes as "quite high" 83-98 percent accuracy rates for answers to questions about possession of an automobile, a home, a driver's license, or a library card (Wentland and Smith 1993). In other words. in very good surveys, responses are inaccurate between). and 17 per cent of the time. A figure of 2.5 million self-defense gun uses each year is cited continually in the gun debate. The number comes from a survey by Kleck and Gertz (1995). Two aspects of this survey combine to create a severe false-positive problem. The first is the likelihood of "social desirability" responses (sometimes referred to as personal-presentation bias). The bias occurs as individuals respond to questions in a way that presents themselves in the best possible light. For example, an individual who acquires a gun for protection and then uses it successfully to ward off a criminal is displaying the wisdom of his pre cautions and his capacity to protect himself. His action is to be commended and admired. In addition, an individual with a good self-defense story pre sents himself as interesting. Some positive social-desirability bias might not by itself lead to serious overestimation. However, combined with a second aspect ofthe survey-the attempt to estimate a rare event-it does. The search for a needle in a haystack has major methodological dangers (Cook, Ludwig, and Hemenway 199]; Hemenway 1997a, 1997b). For example, assume that the actual incidence of a rare event in the popu Idtion is 0 .2 percent. In a random survey, on average, for every 1,000 respon dents, 998 will have a chance to be misclassilleu as a positive (a false positive). On average, however, only two respondents could be misclassified as a nega tive (a false negative). In addition, because the survey is trying to estimate the incidence of a rare event, a small percentage bias can lead to extreme overes-

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APPENDIXES of the timation. Say that survey findings are a 1 percentage point overestimate 41 per true incidence. If the true incidence were 40 percent, estimating it at mea cent might not be a problem. But if the true incidence were 0.2 percent, if the suring it at 1.2 percent would be six times higher than the true rate, and tenfold true incidence were 0.1 percent, measuring it at 1.1 percent would be a few as overestimate. In Kleck and Gertz's (1995) self-defense gun survey, if as figure 1.3 percent of respondents were randomly misc1assified, the 2.5 million would be thirty-three times higher than the true figure. with Using surveys to estimate rare occurrences, especially occurrences For some positive social-desirability bias, will lead to large overestimates. . ~ .,' or example, the NRA reports about three million dues-paying members, per about 1.5 percent of American adults. In national surveys, however, 3-9 . .. - cent of respondents regularly claim that they are dues-paying NRA members ~ of . Similarly, although Sports Illustrated reports that fewer than 3 percent T the magazine, in national surveys, 15 percent ~. American households purchase In of respondents claim that they are current subscribers (Hemenway 1997a). a recent survey, five times as many respondents claim to have been hospital data ized for fractures in the past year as are reported in hospital discharge (Harvard Injury Control Research Center 2001). Consider the most extreme case, in which the true incidence is 0 percent. inci In that case, a survey can overestimate but not underestimate the true a ran dence. In May 1994> ABC News and the Washington Post conducted One dom-digit-dial telephone survey of more than fifteen hundred adults. was a question asked, "Have you yourself ever seen anything that you believe in the spacecraft from another planet?" Ten percent of respondents answered ever affirmative. These 150 individuals were then asked, "Have you personally been in contact with aliens from another planet or not?" and 6 percent might answered, "Yes." Extrapolating to the U.S. population as a whole, we conclude that 20 million American adults have seen alien spacecraft and 1.2 million have been in actual contact with beings from other planets. of Doctors testing patients for a rare disease are well aware of the problem false positives. As one example, consider the Breast Cancer Screening Projec1 conducted by the Health Insurance Plan of greater New York (Hennekem and Buring 1987). In a total of almost sixty-five thousand screening examina· tions (mammography plus physical exam), more than one thousand womer 92 per tested "positive" and were followed up with biopsies. As it turned out, cent of these positive tests were false. Yet the result is not an indictment Q mammography-indeed, the false-positive rate was only 1.5 percent. But tb.

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APPENDIXES was sufficient, given the rarity of the true disease, to ensure that most positive results would be false. Any ill-advised attempt to use the mammography results to estimate the actual prevalence of breast cancer among these women would lead to a huge overestimate. The main way the National Crime Victimization Surveys (NCYS) reduce the false-positive problem is by asking about self-defense gun use only to those respondents who first report that someone tried to commit a crime against them. After all, it is not a genuine self-defense gun use unless it is pro tecting against an attempted crime. A preemptive strike should not be con sidered a genuine self-defense use. It turns out that Kleck and Gertz's estimate of self-defense gun use is more than twenty times higher than the estimates using the NCYS. To preserve the 2.5 million self-defense gun estimate, Kleck and Gertz are forced to claim that nineteen out of every twenty people with a genuine self-defense use do not report it to the NCYS (and virtually no one without a genuine self-defense use in the time frame does report one). Given the problem of social-desirability response, Kleck and Gertz are also forced to argue that there is little that is positive about self-defense gun use and much that is negative. They claim the reports of self-defense gun use are "distinctly unheroic." "What was most striking about the reported events was their banality" (1997, 1455). However, to get huge overestimates, the social-desirability bias does not have to be important for most people. Given the rare nature of the event, it just has to be dominant for /I few. And all the available evidence indicates that most people perceive self-defense gun use as beneficial, socially desirable, and often heroic. For example, in Kleck and Gertz's survey, more than 46 percent of respondents claimed that their gun use might have saved-or probably would have saved or almost certainly did save-someone from dying. If the respondents' claims are correct, hundreds of thousands of murders a year may have been directly prevented by self-defense gun use. Progun organizations and advocates--and Kleck and Gertz-see self defense gun use as a good thing. Every issue of the American Rifleman includes a column entitled 'The Armed Citizen," with examples of self defense gun incidents in which "good guys" fend off "bad guys.» As Kleck and Gertz write, "To acknowledge high defensive gun use frequency would be to concede the most significant cost of gun prohibition" (1997,1447). Kleck and Gertz's self-defense gun users almost always report that they are defending themselves against serious crimes, crimes that should be reported

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APPENDIXES

on the NCV5. 50 Kleck and Gertz imply that much self-defense gun use is deliberately hidden from NCVS surveyors. These authors argue that "most of the reported defensive gun uses involved illegal behavior" (1997, 1455) and that asking about self-defense gun use is equivalent to "requiring respondents to report their own illegal behavior" (1458,1447). Kleck and Gertz claim that respondents are acting illegally because the survey "revealed at least seventeen million adults carrying guns for protection in pub lic, only a small fraction of whom have permits allowing them to do this legally" (Kleck 1997b, 209). The authors claim that these respondents would not report this behavior to the Bureau of Census surveyors conducting the NCVS. But the NCVS never asks directly about respondents' potentially unlawful activity. Admitting to owning, carrying, or using a gun admits nothing about illegal behavior, just as responding that one was the driver in a car crash admits to no illegal behavior. (n addition, the NCVS responses are confidential; it would be illegal for the interviewers to provide individual information to the authorities, and there is no evidence that interviewers have ever done so. Finally, much evidence exists that people being surveyed willingly report minor and not-so-minor criminal behavior, even behavior that has little pos sibility of positive social-desirability bias. (n one of the earliest self-report studies, a suggestive if nonrandom survey of one thousand adult males, 64 percent of respondents effectively admitted to being unarrested felons, hav ing engaged in such activities as grand larceny (13 percent), auto theft (26 per cent), assault (49 percent), and burglary (17 percent) (Wallerstein and Wyle 1947). More recent self-report stl,1dies find that well over 70 percent of adoles cents aged twelve to nineteen admit to having engaged in delinquent behav ior for which they could have been arrested (Fagan, Weis, and Cheng 1990). Even prisoners willingly report prior illegal behavior (Wright and Rossi 1986). In summary, Kleck and Gertz argue that most respondents do not report their self-defense gun use to NCVS interviewers because it was illegal. This claim is not persuasive because (1) it is not clear why the use should be illegal; (2) respondents are not asked about any possible illegality; (3) Census Bureau interviewers are not permitted to report individual information to any authority, and ethical survey researchers on self-defense gun use cannot and will not report such information; (4) there is no evidence that any such infor mation has ever been provided to authorities; (5) no respondent has ever been punished for providing a particular response; and (6) on similar surveys, respondents report all sorts of real crime. Finally, in a search for rare events, false negatives (Le., people who report

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APPENDIXES

"no" who should have reported "yes") are almost never the issue. Even if 50 percent of those with a genuine self-defense gun use in K1eck and Gertz's sur vey deliberately lied and answered in the negative, if only one of one hundred true negatives is misclassified, then the 2..5 million figure is still seventeen times too high. K1eck and Gertz's claim can be put to the test. For example, one implica tion is that the ratio of gun/nongun self·defense use should be higher on the type of survey they did than on the NCVS. After all, respondents should not be afraid to report self-defense with a baseball bat to NCVS surveyors. How ever, this is not the case. Ratios of gun/nongun self-defense uses are similar on the NCVS and on onetime private surveys. Kleck and Gertz's claim about respondents' fear of reporting gun use to the NCVS is not supported by any evidence. In conclusion, the order-of-magnitude difference between K1eck and Gertz's results and the NCVS results regarding self-defense gun use shows that there must be some differential misreportinglmisclassification. Even though the NCVS asks only about serious crimes, the results should be com parable for almost all Kleck and Gertz's 'respondents' claims that their self defense gun use was for protection during a serious crime. Kleck and Gertz do not believe that sixty out of five thousand respondents in their survey might be misclassified, but they are quite wiUing to claim that more than 95 percent of the individuals who supposedly used their guns in self-defense do not tell census surveyors. If we were to accept K1eck and Gertz's 2.5 million figure as accurate for 1993, then 1,400 of the more than 100,000 adults interviewed in 1993 by the NCVS had a self-defense gun use. However, only about forty report any such use. If we are to believe Kleck and G~rtz's results, this pattern of misrepresentation occurs continuously on the semiannual NCVS surveys. To put it another way, say we believed that either K1eck and Gertz's or the NCVS results were perfectly correct. Let's determine the pattern of mis classification that could have caused the incorrect findings on the other sur vey. All it would take to make Kleck and Gertz's results compatible with the NCVS would be a random misclassification of 1.3 percent of respondents. However, to make the NCVS compatible with K1eck and Gertz's results Would require that 95 percent of the people with genuine self-defense gun uses did not report them and none of the more than one hundred thousand individuals who did not have genuine self-defense gun uses reported one. Which pattern of misclassification seems more likely?

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The Cun Debate's ~ew Mythical Number: How ,\-1 any Defensi\:e Uses Per Year?

Philip J. Cook; Jens Ludwig; David Hemenway

Journal of Polic)' Analysis al1d Management, Vol. 16, No.3, Special Issue: The New Public Management in New Zealand and beyond. (Summer, 1997), pp. 463-469.

Stable URL: http'UJinks jslQC orgISicj" sicj- 0176.)P]Y'!,o2:< ! <)';I722"1,29 ! 6%JA3%,( "463'I,JAH ;PNMNUf..J b 2 () CO% 3H2.J

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http;J/www.jstor.org Fri May 25 12:58:482007

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Janet Weiss Insights Editor

Candidates for inclusion in the insights section may be sent directly to the Insights Editor. Hec addre;;s is: Janet A. Weiss, School uf Public Policy, Univer sity of Michigan. Ann Arbor. MI 48109-1220.

THE GUN DEBATE'S NEW MYTNICAL NUMBER, HOW MANY DEFENSIVE USES PER YEAR?

Philip J. Cook, Jens ludwig. and David Hemenway

In 1986, Peter Reuter suggested that the Association for Public Policy Analysis and Management (APPAM) consider offering an annual award for the "most outrageous number mentioned in a pulicy discussion by an elecled official Of agency head," with one of the criteria being that the number have "no reason a ble basis" (pp. 81 L-812). ]n this article, we discuss the candidacy of one of the morc surprising num bers to surface ill the course of AmeriUl'sgun ueb<:tle: thal2.S million Am eri cans use a gun defensively against a criminal attacker each year [Kleck and Gertz, 1995]. News items, 1 editorial writers? even the Congressional Research Service [Bea, 1994] have mentioned. the 2.5 million defensive gun uses (DGUs) as established fact. This number is considerably higher than our best estimate of the number of crimes committed ead year with a firearm (1.3 million) [U.S. Department of Justice, Bureau of Justice Statistics, 1996b], and has been used as an argument agai nst regulations that would restrict widespread firearms ownersh ip. The implicit notion seems to be that if there are more legitimate uses than criminal uses of guns agai nst people, then Widespread gun ownership is a net plus for public safety.

, One an kJe begins, Ihat's righl. Ow nin g a gun, presuming you know hoI'." tflll ~ it, m:ly be good for you" [Harper. 1996]. See also Wi tkin [19941. , Sec Kumcnta r199 51.

Joumal of Policy Analysis and Management, Vol. 16, No.3, 463-469 (1 997) (Q 1997 by the ASSOCiation for Public. Policy Analysis and Management Publisl ,w uyJ ulut Wilt:)' & Sons, 111(;. CCC 0276-873919iI0 3046J-07

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464 l insigil ts

For reasons documented in this article. we believe that the 2.5 million figure is an example of what Max Singer has termed a "mythical number" [Singer. 197 11. Singer notes, ULE]ven responsible officials. responsible newspopers, and responsible research groups pick up and pass on as gospel numbers that have no real basis in fact. ... [Blecause an estimate has been used widely by a variety of people who should know what they are talking about, one cannot assume that the estimate is even approximately: correct" (p. 9). Estimates for the number of defensive gun uses are likely to be substantially overstated because of the problem of "false positives" {Hemenway. 1996]. This source of bias is a common problem in survey estimates of rare events, but largely unrecognized or ignored. We recount the evidence which indicates that the 2.5 million DGU estimate is far too high, and suggest that implications for both the policy debate over gun regulation, and for survey research Survey Results on SeH-Defense What distinguishes this remarkable statistic is the entirely respectable source and estimation method. We usually think of mythical numberS:lS coming from obviously flawed procedures, generated by advocates seeking attention for the problem of homelessness or heroin addiction or youthful predators or some other cause [Reuter, t 984, 1986]. In contrast, the DGU estimate was calculated by researchers affiliated with a major research university (Professors Gary ICleek and Marc Gertz of Florida State University), using widely accepted methods and published in a topflight, peer-reviewed Criminology journal (Northwestern Univershy Law School's Journal of Criminal Law and Criminology). Although many m)1hical numbers may be debunked by simply probing beneath the press reports to identify the source, such is not the case with the OGU fi gure. In panicuiar, Kleck and Gertz conducted

, Threl'" nalionally rcprcsenllllivt random-digit-difll tf'If'l"non f' SlltyCYS of adu l t~ nave focused on the issue of self·defensive gun usc, [lsking questions similarto those of Kl ock and Gertz. In addition to the survC)' reported nexl, th ere was a survey of 800 gun owners and 400 nono\.-ocJ'$ in 1994 sponsored by the Centers for Disease Control [Hemenway and Azracl, 19963.] and a sun.ey of 1905 adults in 1996 sponsored by thl'" National lnstitutc of Justice (HemenWllYand A?rael . lQ%h] . • Fnr details concerning survey design and results. sec Cook and Ludwig [1997].

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lruiRltlS 1465

V\i'h~n wt: folluw the example of Kleck and Gertz and exclude all res{XJndents whose most recent DGU was part of military or law-enforcement work, who did not report a specific crime or use of the gun as part of the incident. or who did not actually see a perpetrator, we estimate 1.5 million defensive gun users. (Because many of the relevant respondents said that they experienced more than one, we estimate a total of 4.7 million defensive gun uses per annum.) Thus. our estimate, based on the NSPOF, is in the same ballpark as that propounded by KJ eck and Gertz. The difference could plausibly be due to sarnplingennL Kled:.and Geltz's DGU estimates do not appear to be altifacts of any particular computational or weighting decisions made in their analysis. If there is a problem here, it is intrinsic to the method.

Some Troubling Implications One check on the credihility of these nGU estimates is made possible hy lhe detailed follow-up questions included in both these surveys. In the NSPOF, respondents were asked whether they fired their guns, and jf so, whether they managed to hit the mark. The responses to this item from our 19 "genuine" defensive gun miers, multiplied by our sampling weights, imp1:y that approxi mately 132,000 perpetrators were either wounded or ki lled at the hands of armed civilians in 1994. That number, it turns out. is just about the same as the total of aU people who were shot and killed or received trcattncnt for nonfatal gun!'>hnt wound!'> in an emergem.,), room lhat year-yet we know that almost all of those are there as a result of criminal assault, suicide attempt, or accident.5 There is no trace in these official statistics of the wounded assailants. Respondents are also asked to rcpon thc circumstances under which they were provoked into using their gun. From the NSPOF, we estimate that322,OOO used a gun to defend against a would-be I"3pist. But that is more than the total numbel'ofrapes and attempted rapes estimated from the best available source, the National Crime Victimization Survey (NCVS)!6 S i mil~r puzzles are fllund in Kleck and Geltz's finding." [Hemenway, 1996]. Our closer examination of the DGU reports in the NSPOF suggests that almost half of the incidents appear to contain some internal inconsistency, or other wise do not make sense. We are persuaded that surveys of this son generate estimates that grossly exaggerate the true number of DGUs. The most likely expla nation provides an important insight about the limitations of the sur vey method.

Why SulVeys Overestimote Defensive Gun Use Surveys which include Qu es r.ions about nGUs are trying to eSTimate a rare event, in which even a small false-positive rate will lead to a relatively large overestimate. Medical epidemiologists have traditionally been much more ale11 to th is problem than have sUlVey researchers. As one of many possible exam ples, consider the Brea..... l Cancer Screening Project conducted !'>ome years ago by the Health Insurance Plan of greater New York [Hennekens and Buring,

I About toO,OO() people wen: m.lllfatall}" ~h O l amI treatt:d ill an elllt:fgelll:)' room ur ho~pital in 1992 [Annest et ai., 1995], and an additional 16.()()0 WeTC shot and killed in climinal hOlllicide~ [U.S. Department of Justice, Federal Bureau of Investigation, 1995J. " Thc NCVS is a large (48,000 households) SUIVC)' that has been conducted bv the U.S. Census Bureau since 1973. It is by fur the most expensiu~ and best designed survey of its kind.

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466 I InsiSlrts

1987, p. 332]. In a total of almost 65,000 screening examinations (mammog raphy plus physical exam), t 11 5 women were "positive" and followed up with biopsies. As it turned out, 983 (92 percent) of these positive tests were false, in the sense that they were not confirmed in the follo ..... -up. Yet this result is not an indictment of mammography-indeed, the fa lse-positive rate was only 1.5 percent. But thaI was sufficient. given the rarity of the true positives (less than 0.3 percent) to ensure that most positive results would be fal se. and that the estimated prevalence of breast cancer from this initial screen would far exceed the true prevalence. Of cuurse, ill all)' suney L1lt::re is a possi bility uf false negatives as well a!'i false positives. KleekandGertzemphasize this possibility, arguing that because many respondents may worry that their defensive actions were somehow ille gal, they will not admit to them during the survey interview. Kleck and Gertz argue t hat this effeet should outweigh any other m isreporting effects and lead TO , if anything, an underestimate of the annual number of defensive uses. Yet b:y any measure, including the Kl eck-Gertz estimate, defensive gun use is a relatively rare eve nt. If 0.5 percent of adults experience a DGU each yeal", in a sun'cy of 1000 adults only about five would logicruly have the opportunity 10 provide a false negaTive. On the other hand, for 995 of the 1000 respondents, the only logically possible misclassihcation error is a fal se positive-and there an~ good n:asolls why some might falsely claim tu have used a gun in self defense. Forone, using a gun defensively against a criminal may be a genuinely heroic a CT, and is often portmyed as such in movies <'lnd occasionally so in the nightly news. Take, for example, the case of Dorothy Newton, who shot two robbers on the street in Richmond after having been wounded herself in a robbery one year earl ier. The WashingTon Post repons that. although Newton had mixed feelings about the incident, the reaction of many in Richmond has been decid edly less ambiguous.J The Richmond Times Di5pafch wrote in an editorial: "The thought of cocky young predators scurrying like scalded dogs is one decent people find immensely satisfying."s The falsehood may stem from real events, given that sur.... ey respondents typically wish to prese nt themsel ves favorabl)· to interviewers [Sucim an and Bradburn, 19741. The falsehood may also stem fromconfusion on the part of the resrxmdent: memories fade, and Lhey also distort. "Telescoping," fur example, is a common problem in survey research, where respondents who are asked to report about cvcnts occurring during the previous year will report an event that in fact happened 13 months or more earlier.9 Actual experience may be revised in the telling, or may e\'en elide with fiction. Given the prevalence of relevant mental disorders,10 a nationally representative sample would include a number who were delusional, senile, or intoxicated-people unlikely to be reliable reporters in ~rlCial science survP.ys.

' See Bowles [1996]. 'See "NewlOn's Law;' Richmond Tj,nes-Djspalch, June 7. 1996. p. A1 6 ' In the Na[ional Crime Victimization Slllv~y , which questions the .same hou se.holds f':Vi':T)' SIX months concerning their epxerience WiTh crime during the prev ; olJ~ six month~. rales of reponed victimization in the first-tlme panel are typically over 50 percent hIgher than the bounded rates of suhsequent ~urvey5 [Cantor. 1989]. I~ Recent estimates from the National Institute for Mental Health suggest that 51 .1 million Am eri can adults aged 1g and over have ·one or more mental or addicti ve disorders. - which include ~ 2 million f1(lil hs with schimphrenic disorder.! and 4.9 mill io n wi th what are classifie

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Inslg1ttr I 467

An additional possible source of false DGU reports is strategic responses by gun owners. With around 3 million National Rifle Association (NRA) members [Klcck, 1993, p. 370]. it would not be surprising to have as much as 1 percent of respondents who an:: bOlh aware of the ongoing empirical debate on this topic and feel a vested interest in the perpetuation of high DGU estimates. lI

Is More Detter? About 40 percent of American households currently own a gun, and 14 million people routinely cHrry one when they go oul [Cook and Ludwig. 1997]. Would we be better-off if these figures were, say, 80 percent and 28 million carriers? No doubt that would increase the number of DGUs, however defined or mea sured. But what would be the net benefit? Tbe difficulty in answering this question arises in part because of the ambigu ous nature of many gun uses that are reported as "defensive" by respondents. Among the incidents in the NSPOF that meet the Kleck and Gertz-type criteria fur "gt:nuille" defensive gun uses, hl almost one third the most seIious crime reported by the respondent is a fight or attack. Assigning fault in a violent encounter can be a daunting problem even to a detective who has a chance to interview everyone involved, let alone a survey interviewer who is asking a few questions of just one of the combatants. In a recent telephone survey of 1905 adults [Hemenway and Azrael, 1996b], 13 respondents reponed a defensive glln llse against a criminal attacker. Tn contrast, .18 respondents indicated that a gun had been displayed against them in a hostile manner during an argument or some other circumstance. We suspect that many of the 38 gun users involved in these hostile brandishings would have claimed self-defense if they had been cOnTact.ed by t.elephone. Moreover, it is difficult in many cases to determine whether the gun use leads to an outcome that is better in some sense than what would have happened had a gun not been available . For the DGU repons in the NSPOF, a theft or trespass is the most serious crime reponed in one out of every fi ve cases. Tn such instances, is SOCiety necessarily made better-off when someone uses a gun rather than dials 911? In our judgment, the most important effects of more guns would not show up in tht: DGU statisth..:~ at all. Smut: robbt= l"S or burglar~. ft:aring t h~ i nc rea~t:d risk of confrontation with an armed victim, might retire (or switch to auto theft), and others might decide to arm themselves more heavily and act more aggressively in committing their crimes. Both of these effects. deterrence and escalation. are plausible. and the net effect is not obvious from armchair theorizing. One empirical study suggested that the murder rate in robbery tends to be higher in cities with many gun owners than in cities with relatively few [Cook, 19i9]. In any event, these behavioral considerations, important as they may be, do not figure in the DGU calculus. Taking a broader view, we conclude that more guns may lead to more DGUs. but not necessarily to safer streets and homes.

Some Concluding Thoughts The survey is a weU-developed measurement tool which perlorms satisfactorily for a variety of purposes. But something goes wrong in the effort to use surveys

11 Thank~ to David Ken nedy fnr thi~ oh9.ervation.

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468 / Jruigflfj

to estimate defensive gun uses. False positives are always a problem, and if the event is rare enough, then they may swamp the truth. What is to be done? One possibility has long been incorporated in the National Crime Victimiza tion SUlvey (NCYS). conducted for the U.S. Department of Justice by the Census Bureau [U .S. Department of Justice. Bureau of Justice Statistics. 1996a]. In this sUlVey the false-positive problem is minimized by the design of the questionnaire. The only respondents who are asked whether they at tempted 10 defend themselves in a crime are those who indicated that they had been the victim of a crime in which they had direct contact with the perpetrator. Limiting the DGU question to this small group changes the fa lse positive arithmetic dramatically. The resulting estimate for the annual number of DGUs (l992- 1994) is about 108,000, a small fraction of the K1eck- Gertz estimate. Anuther approach is suggested by ordinal)' practice in medical screening: When an initial test comes out positive, a follow-up test is usually applied to distinguish "true" trom "false" positives. If knowing the true prevalence is sufficie mly important, then it is wnrthwh il e devising systems for distingui shing true bum fa lse positives aft er the initial screen. Detennining the social value of repon ed gun uses will be at least as difficult as overcoming the fal se-positive problem, More detailed information about the entire sequence ofevems, including the respondent's acti ons prior t n lIsing a gun, is necessaJ:y. Another interesting exercise would start with a sample of gun uses that are reported to the police, and interview each of the participants . Comparisons between these responses and the results of the police investiga tion may provide some sense of the ways in which survey report" are "shaded." Meanwhile, the myth that there are millions of legitimate DGUs each year influences public opinion and helps fuel the bandwagon to li beralize regula tions on gu n possession and carrying. With respect to gun regulation, 2.5 million is rhe wrong answer to the wrong question.

ThiS research u.:as supponoo by a grant from the NMional Tnst it1l1 e of Jll S li(l~ (NU) 10 l hp. Police Foundation. The ,;iews expressed herein reflect those of the authors alone, and do not reflect the vicws of cither NIJ or the Police Foundation. Tha nks to David Kennedy, Kristin Goss, Kate Whetten_Gddstein, 2.nd Duncan Chitpli n for hdpf1l1 commenTS

PHILIP 1. COOK is ITT/Sanford Professor of Public Policy at Duke University. JENS LUDWIG is Assistarll Professor of Public Policy at Georgetown Universil),. DAVID HEMENWAY;s Professor of Public Health at Ha rvard UniversilY.

IlEFEIlENCES Annest, Joseph L, Jamt:s A. Mercy, DeJ irlda R. Gibson, and George W. Ryan (1 9951, "National Estimates of Nonfatal Fireann-Relatt:d Injw' it:~ : Beyolld the Tip of tile Iceberg," JOI~rnal of the American Medical Association 273(22), pp. 1749-1754. Sea, Keith (1994), Issue Brief.' GWI COlltrol, Congressional Researeh Service, Washing lon, DC (On:iel' Code IB94007: revised September 19), Bourndon, Kare n, Donald Rae, William Narrow, Ronald Manderscheid and Darrel Regier (1994), "National Pn.::vaiellce and Treatment of MCrltal and Addictive Disor cI ~r.<;; · in Mental HealIh. United States, 1994, U.S. Depanment of Health and Human Ser.rices. Center fnr Mental Health ServlCf$, pp. 22-35.

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Bowles, Scott (1996), "A Gun at Her Head Forced Her Hand," Washington Post, June 28, pp. At-AIS. Cantor, David (1989), "Substantive Implications of Longitudinal Design Features: The National Crime Sur\,ey as a Case Study," in Daniel Kasprzyk et aJ. (eds.), Panel Sutveys (New York: Wiley) Cook, Philip J. (1979), "The Effect of Gun Availability on Robbcl')' and Robbery Murder: A Cross-Section Study of Fitly Cities," Policy Studies Review .4I1nual. Volume3 (Beverly Hills, CA: Sage Publicalions). pp. 743-781. Cook. Philip J. and J ens Ludwig (1996), Gun~ in America: Resull... ur a Comprehensive Sun;ry on FirPi1rm5 Ownership ond Use (Washington, DC: Police Foundation), Harper, James (1 996). "Survey Gives Gun Owners Due Credit. ~ St. Petersburg Times, April 10, p. 38. Helllt:nway, David (ill pn::ss), "SuT\'ey Resean.:h and Sdf-Dt:£enst'! Gun Use: An Explana tion of Extn::nlt: Overestimates," Journal of Criminal Law and Criminology. Hemenway. David and Deborah Azrael (1 996a), "Use of Guns in Self-Defense: Results of a National Telephone Survey," Harvard University Working Paper. Hemenway. David and Deborah Azrael (1996b), "An Anned Society is a Polite S ociety'~ SUT\'ey Results," Halvard. University Working Paper. Hennekens. Charles H. and Julie E. Buring (1987), Epidemiology in Medicine (Boston: Little, Brown). Kleck. Gary (1993), "Bad Data and the 'E\il Empire': Interpreting Poll Data on Gun Control." Violence and Victims 8(4), pp. 367-376. KJeck, Gary and Marc Gertz (1995), "Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun," Tile Journal 0( Criminal Law and Criminology 86(1), pp. 150- 187, KUfilenta, Michael (1995), "GUll Ownership: A Constitutional Query," San Diego Unirm Tribune, June 25. p. G3. Reuter, Peter (1984), "The (Continuing) Vitality of M)thical Numbers," the Public Inter est 79, pp. 135-147. Reuter, Peter (1986), "The Social Custs uf the Demand for OuantiJ ication," Journal of Pnlicy A.na lysi.~ and Munagtmnu 5(4). pp, 807-824. Singer, Max (1971). 'The Vitality of Mythical Num bers.~ nze Public Intel-est 23, pp. 3-9. Sudman, Seymour and Nonnan M. Bradburn (1974). Response Effecls in Surveys: A Review arid Syrltliesis (Chicago: Aldine). U.S. Department of Justice, Bureau of Justice Statistics ( 1996a), Criminal Victimization in the United States. 1993: A National Crime Victimization Su.rvey Repon (Washington, DC: Bureau of Justice Statistics). U.S. Department of Justice, Bureau of Justice Statistics (1996b), Crimiruz{ Victimhation J 994, NCJ- 158022 (Washington, DC: Bureau of Justice Statistics). U.S. Department of Justice, Federal Bureau of Investigation (1995), Crime in the United States 1994 (Washington, DC: U,S. Government Printing Office). Witkin, Gordon (1 994), "The Great Debate: Should You Own a Gun?" u.s. News and World Report, August 15, pp. 24-31.

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http://vyww.jstor.org

LINKED CITATIONS - Page 1 of 1-

YOIi have primed fhe jollo'wing arricle: The G un Debate's New Mythical Number: lIow Many Defensh'e Uses Per Year? Philip 1. Cook; Jens Ludwig; David Hemenway Journal of Policy Al1a(vsis alld Management, Vo l. 16, No.3, Special Issue: The New Public Management in New Zealand and beyond. (Summer, 1997), pp. 463-469. Stable URL:

h t'P"/lioks istor orgisici'/,ici nv n .871"-"'1? ... " 1<.)9722%29' I\%\A W g1 C 46W.1AT GI INMf\%\f? (J f'lr .ltn _~

This ar/icle references the following linked citations. Ifyou are tIJling to access articles from all off-campus location, you may be required (0 first logon via your librmJ' web site 10 access JSTOR. Please visit your libralY's website or contact a librar;an to learn aboftt opt;onsfor remote access to JSTOR.

References

Survey H.esearch and Self-Defense Gun Use: An Explanation of Extreme Overestimates navit! Hemenway The Journal 0/ Criminal Law and Criminology (1973-), Vo l. 87, NO.4. (Sli mmer, 1997), pp. 1430-1445 . Stable URL: huP-l'lmks ;ngr 20'/*1'*;- 0091-4 169"<,,2R 19Q72" 1 29Rzt1 1M "1 }C 141Q%lASBASG! J%JE2 0 (Q1IA,1 B' _K

Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun Gary Kleck; Marc Gem The journal o/Criminal Law and Criminology (1973-), Vol. 86, No. I. (Autumn, 1995), pp . 150-187. Stable URL: hUP-I'lm b j$tor QQ'l§jcj?5ic j- 009 1-4 169"42R 19952}%29R6%lA I %}C I SW. , 6 ARTCTM93 C' Q CQ";, , 0 2_E

The Social Costs of the Demand fo r Quantification Peter Reuter Journa! of Policy AnalYS IS alld Management, Vol. 5, NO.4. (Summer, 1986), pp. 807-8 12. Slnble URL:

bup- lDi nk~ j:;II )[ I)nr,'s jri? sjri 0?76-8i39%26 J 98GZ2'%Z 9 5%3A4%JCSQ7%3 ATSCOID%3EZ 0 CQ%3R2_R

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The Police Department's 9-Millimeter Revolution - New York Times Page 1 of 1 Case 1:13-cv-00291-WMS Document 82-4 Filed 06/21/13 Page 1 of 1

l~t ~t\lt Uork €tmts Opinion

The Police Department's 9-Millimeter Revolution

By Raymond W. Kelly Published: February 15, 1999 The tragic death of Amadou Diallo in a barrage of police gunfire requires us to look back at how New York City police officers went from carrying virtually any weapon they wanted to the current high-capacity, semi-automatic pistols that allowed 41 shots to be fired at Mr. Diallo in a matter of seconds.

When I was New York Police Commissioner, I sat at the same desk Theodore Roosevelt used when he held the job in the 1890's. It served to remind me of the reforms he brought to American law enforcement, including the standardization of weapons. Before Roosevelt insisted that they be issued the same revolvers, individual New York City police officers carried any weapon they liked, regardless of firepower or reliability.

As a result of Roosevelt's reforms, New York City police officers were required to carry a six-shot, .38-caliber revolver as their on-duty weapon for most of the 20th century. It was reliable and easy to maintain. It also provided better or equal firepower in most gunfights. Most criminals were armed with cheap, easily concealed, small-caliber guns -- ''Saturday night specials'' that were no match for superbly manufactured Smith & Wesson or Colt police revolvers.

Things changed, however. By the mid-1980's, the streets of most American urban centers were awash in narcotics, cash and ''nines,'' or 9- millimeter semi-automatic pistols that became the weapon of choice for drug dealers. They were light and accurate and carried a capacity of up to 16 rounds. For more firepower, street criminals relied on machine pistols and other high-capacity, high-velocity guns. Their use in drive-by shootings killed or wounded scores of innocent bystanders, including children, whose mounting fatalities prompted the Dinkins administration to hire thousands of new police officers in the early 1990's.

Semi-automatics in the hands of criminals posed another problem. They outgunned the police. Criminals not only had the advantage of greater bullet capacity, but they could also reload much faster after they emptied their guns. Officers with revolvers faced the choice of reloading one bullet at a time or using a so-called speed loader, which involved the insertion of five or six bullets at a time if done just right. But neither method could compete with the speed and ease of dropping a magazine from a semi-automatic pistol and replacing it with another 16-bullet clip. The difference was demonstrated most dramatically during a 1986 gunfight in which an outlaw executed Scott Gadell, a New York City police officer who was in the process of reloading his revolver.

Most other major police departments and Federal law enforcement agencies had already switched to semi-automatics by the time I authorized their use by New York City police officers in September 1993. I approached the decision slowly and deliberately -- and after careful testing -- because more was at stake in densely populated New York than in smaller cities. The semi-automatic's capacity, and the potential for overshooting, still concerned me. So I directed that the guns' magazines be reconfigured to limit capacity to 10 rounds. The decision was not popular in the Police Department, but I thought the precaution necessary given the vagaries of policing New York.

After I left the Police Department, in 1993, that restriction was lifted. Now may be the time to re-impose it and to intensify training that teaches police officers to hold their fire until they know why they are shooting.

Raymond W. Kelly was the Police Commissioner of New York City in 1992 and 1993.

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