Jacob Sullum

"The most critical improvement" to the federal "assault weapon" ban, according to the Violence Policy Center, "is to ensure that the term 'assault weapon' includes all guns that are, in fact, assault weapons." Don't think about that assertion too much; it might cause your head to explode.

The gun banners at the VPC are unfazed by the fact that "assault weapon" is not an objective category: They know one when they see it. Legally, however, "assault weapon" means whatever Congress says it means.

The 1994 ban, which is scheduled to expire next year but would be renewed by legislation recently introduced in the House and Senate, identifies several specific brands and models as "semiautomatic assault weapons." It also bans any semiautomatic gun that accepts a detachable magazine and has at least two features from a list of five (four in the case of shotguns).

Although the justification for the ban was that "assault weapons" are especially dangerous, the criteria Congress chose -- including bayonet mounts, folding stocks, pistol grips, and barrel shrouds -- for practical purposes have nothing to do with lethality. The targeted guns are distinguished mainly by their sinister, military-style appearance.

The VPC complains that "the gun industry moved quickly to make slight, cosmetic design changes in their 'post-ban' guns to evade the law." That was possible because the focus of the law -- the essence of what makes a gun an "assault weapon" -- is slight and cosmetic.

The VPC says the solution is a broader definition: Instead of two features from a list, for example, one should suffice. But that approach makes the difference between legal and illegal guns even slighter, while evading the basic question of why these weapons were singled out to begin with.

As President Bush's support for renewing the law reflects, the "assault weapon" ban is widely seen as the very model of reasonable gun control. Yet it is based on arbitrary distinctions unrelated to public safety or crime control.

The anti-gun lobby decided to target firearms that look like military weapons for tactical reasons. As the VPC's Josh Sugarmann observed in 1988, "The weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons -- anything that looks like a machine gun is assumed to be a machine gun -- can only increase that chance of public support for restrictions on these weapons."


Jacob Sullum

Jacob Sullum is a senior editor at Reason magazine and a contributing columnist on Townhall.com.
 
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