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View Diary: Texas dad freaks out and shows why it is past time we ban assault-style weapons & ammo (102 comments)

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  •  No. You're factually wrong -- as in, INCORRECT -- (0+ / 0-)

    about capacity.

    Capacity is a factor of the firearm or its magazine, and means the ability to carry multiple rounds of ammunition -- it's not a property of the ammunition.  The revolver is a firearm requiring no magazine to carry multiple rounds of ammunition. It is available as several sizes and calibers of pistol and at least one rifle.

    You can have large-capacity firearms (the 17-round original capability in a Glock pistol, for example, or the highly-publicized and ever-popular-in-movies "banana magazine" for the AK-47/52).

     You cannot have ammunition that's more than, per round, one propellant charge and projectile, cased -- paper or cloth or plastic or metal cartridge casings, familiarly referred to by shooters and reloaders as brass because most of the metal ones are some alloy of brass -- or not cased, as for muzzle-loading muskets, rifles, and fowling pieces utilizing black powder, patches and round lead shot --  except for shotgun rounds.  It's also possible to buy shotgun rounds that drive a single (slug) projectile; these are commonly referred to as "deer slugs".

    Shotgun rounds may contain several much smaller projectiles per primer and propellant charge, depending on the 'rating' of the shot. Our Air Force "riot guns" were pump-action shotguns and the issue ammunition was double-ought buck. Shotguns may be found in .410, 20-gage, 16-gage, 12-gage or 10-gage in the US.

    I see, in perusing the statute, where your confusion arises. You're assuming that "feeding device" isn't part of the description of what's being banned. TheATF has a FAQ on this; but if you're just going by the statute, the ban includes "

    large capacity ammunition feeding devices"
    and then goes on, obligingly, to define what it's banning: clips, magazines, drums, feed strips or similar devices.

    Back when he was a Senator, Joe Biden wrote this bill. Jack Brooks, of Texas, then sponsored the House version. Neither one of them is an idiot. Neither one of them would believe in "large capacity ammunition."

    There is no such thing. What there are, however, are ways of quickly reloading large numbers of rounds of regular ammunition. They put those instruments of destruction into their ban.

       (b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE- Section 921(a) of title 18, United States Code, as amended by section 110102(b), is amended by adding at the end the following new paragraph:

        `(31) The term `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

            `(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'.

    So, I guess me and my little Remington are exempt under this ban on assault weapons. That's good, because it holds 15 rounds of .22LR in one of those "attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition."

    I love me some Joe the Biden even more for this provision of the law. He's ensuring that we have access to small-bore firearms with readily-available ammunition for purposes of varmint control, target shooting, and basic familiarization/training of youngsters / novices in firearms safety. I take that .22LR Remington of mine very seriously -- it doesn't look like an "assault rifle," the way the Ruger-built Colt MP4 or the S&W MP 4 does (although it works the same way they do, essentially, since neither of them, despite their "AR15 look and feel" is actually a gas-operated bolt-action semi-automatic rifle as is the .223 Colt M-16/AR-15/MP4; they're rimfire .22s, just like mine). It's not triflingly expensive to buy a box of .22LR ammunition for a trip to the range, but considering it's about $5 instead of more than $20, I remain grateful to VP Biden and Representative Brooks for seeing that rifles like mine weren't banned.

    Here's the 1994 statute:

        (a) RESTRICTION- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:

        `(v)(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.

        `(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.

        `(3) Paragraph (1) shall not apply to--

            `(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993;

            `(B) any firearm that--

                `(i) is manually operated by bolt, pump, lever, or slide action;

                `(ii) has been rendered permanently inoperable; or

                `(iii) is an antique firearm;

            `(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or

            `(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.

        The fact that a firearm is not listed in Appendix A shall not be construed to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from Appendix A so long as this subsection is in effect.

        `(4) Paragraph (1) shall not apply to--

            `(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

            `(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

            `(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or

            `(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.'.

        (b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON- Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:

        `(30) The term `semiautomatic assault weapon' means--

            `(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as--

                `(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

                `(ii) Action Arms Israeli Military Industries UZI and Galil;

                `(iii) Beretta Ar70 (SC-70);

                `(iv) Colt AR-15;

                `(v) Fabrique National FN/FAL, FN/LAR, and FNC;

                `(vi) SWD M-10, M-11, M-11/9, and M-12;

                `(vii) Steyr AUG;

                `(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

                `(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;

            `(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--

                `(i) a folding or telescoping stock;

                `(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

                `(iii) a bayonet mount;

                `(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and

                `(v) a grenade launcher;

            `(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--

                `(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;

                `(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

                `(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

                `(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and

                `(v) a semiautomatic version of an automatic firearm; and

            `(D) a semiautomatic shotgun that has at least 2 of--

                `(i) a folding or telescoping stock;

                `(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

                `(iii) a fixed magazine capacity in excess of 5 rounds; and

                `(iv) an ability to accept a detachable magazine.'

    So, if it hadn't been built before 1993, the AR-15 imitator (Bushmaster) used in the Newtown shootings would have been illegal to own.

    Bushmasters are said to closely mimic the M-16A1. I shot M-16s and M-16A1s (what a piece of junk) in the military.
     US Air Force, peacetime, working very proudly for a Commander in Chief named Jimmy Carter on a Strategic Air Command base in Louisiana. So you're wrong about me, too; I qualified with the rifle and the Smith & Wesson .38 revolver sidearm, and I passed my qualification with the M-60 7.62 belt-fed machine gun first go-round in 1979.

    I don't do FPS video games. Do you?

    LBJ, Lady Bird, Anne Richards, Barbara Jordan, Sully Sullenberger, Ike, Drew Brees, Molly Ivins --Texas is no Bush league! -7.50,-5.59

    by BlackSheep1 on Wed Jan 16, 2013 at 10:27:35 AM PST

    [ Parent ]

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