Gun Rights Crusaders Target State Over Definition of "Assault Weapon"

[beevul]

Gun Rights Crusaders Target State Over Definition of "Assault Weapon"

By Joe Eskenazi Fri., Nov. 18 2011 at 12:00 PM

​The term "assault weapon" has always rankled Second Amendment absolutists. Handled properly, an umbrella could be an "assault weapon." Considering the purpose of a weapon, the term "assault weapon" is rather redundant.

In this state it's also "unconstitutionally vague" according to a lawsuit filed this week by a band of gun rights crusaders.

The plaintiffs in the case, filed Thursday in Oakland, are the Calguns Foundation, the Second Amendment Foundation, and Brendan John Richards. The latter is an Iraq vet who managed to get himself arrested and his guns impounded -- twice. The former are two litigious firearms aficionado groups who have made a cottage industry out of suing cities and states (you may recall the Second Amendment Foundation successfully forcing Muni to accept advertising in which people brandish firearms).

In both of Richards' confrontations with the law, he and the arresting officer differed on whether the firearms in the ex-Marine's trunk fit the definition of "assault weapons." In both cases, Richards lost the argument, was arrested, had his guns taken away, and spent several days in jail while his family ponied up bail money. And, finally, in both cases, weapons experts overruled the arresting officers, declaring Richards' armory were not "assault weapons" -- all charges were dismissed, and Richards got his non-assault weapons back.

Now, naturally, he's taking everybody to court.


http://blogs.sfweekly.com/thesnitch/2011/11/assault_weapons_california.php

The REAL backlash cometh.

[Maine_Nurse]

1. Good for Richards...

Uncle Sam and his subdivisions using arbitrary definitions based on appearance instead of function, especially when those definitions run contrary to long-standing, correct definitions, is utter bullshit.

[Hoyt]

14. A better option is to brand those attracted to aggressive "looks" of guns as unfit to own them.

I think people are attracted to the "intimidating" appearance and marketers take advantage of that by using terms like "tactical" to attract buyers.

Does our society really benefit from people attracted to the "intimidation" factor owning these guns? I know how I feel.

[ileus]

15. Maybe a face tattoo

[discntnt_irny_srcsm]

23. Better idea...

...since we had best keep track of each of these unwholesome types, they undoubtedly need to be "registered". They will need a registration number. Perhaps we could tattoo that number on them; maybe on their forearm. Ya' think?

:puke:

[ileus]

25. barcode on the cheek, and implanted GPS.

[discntnt_irny_srcsm]

28. I like the barcode idea...

...but I prefer the back of the shaven head _Hitman_ style. ;)

[RSillsbee]

33. Totally off topic but...

My 9th grade world history teacher brought in a friend of his who had been "conscripted" into the German army (at the ripe old age of 13) in late 1944 to address the class.

Anyway the guy had been wounded in the battle of Berlin and was in a hospital when the Russians arrived.

He told us that the Russians burst into the ward and started grabbing people's right arm and looking at them and every once in a while they'd look at an arm and shoot the owner. The guy said he was (understandably)terrified because he didn't know why the Russians were shooting the people they shot.

Long story short he learned later that the Waffen S.S. all had their service number tattooed on in a similar manner to the Jews but on the oppisite side of the arm. The Russian knew anyone w// that tatoo was S.S. and killed them.

[Euromutt]

36. Slight correction there

It was the other way round: concentration camp inmates had their registration numbers tattooed on their right (fore)arm, whereas Waffen SS personnel had their blood group (not their service number) tattooed on the inside of their left upper arm. Apart from that, the story's entirely plausible.

[Remmah2]

16. For the same reason I like to avoid some people.

But is usually has to do with the ignorance that drips from their lips.

[rl6214]

17. "I think"

No you don't.

[We_Have_A_Problem]

18. You may THINK that

But it does not make it true.

[Atypical Liberal]

19. What sort of aesthetics would you consider "aggressive"?

I purchased this firearm, a Beretta CX4 Storm, primarily because I enjoy its aesthetics:



Similarly, I purchased an 1853 Enfield because I liked its aesthetics:



The CX4 storm is not a military arm, whereas the Enfield is.

Should I be branded as unfit to own firearms because of the aesthetics of these firearms?

[RSillsbee]

20. Not to be a prick, but the CX4 is an UGLY gun

But I like that Enfield

[Atypical Liberal]

27. I like it.

And it is fun to shoot. I very much like the styling. But mine does not have the front rail attachment that the one in the picture has.

[RSillsbee]

32. I'm a wood guy but I'm glad you like it.

I do own a PC4 though

[Atypical Liberal]

34. I have seen AR-15's with wood - I think they are cool! n/t

[Tuesday Afternoon]

22. you win funniest post of the day

:rofl:

[benEzra]

37. Umm, the guns you consider "aggressive looking" per a 1950s aesthetic

are among the least likely to be actually misused. But you knew that.

For those who have not read the FBI data on gun use in homicide, I'll repost here...

http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/tables/10tbl20.xls

Total murders...........................12,996.....100.00%
Handguns.................................6,009......46.24%
Firearms (type unknown)..................2,035......15.66%
Other weapons (non-firearm, non-edged)...1,772......13.63%
Edged weapons............................1,704......13.11%
Hands, feet, etc...........................745.......5.73%
Shotguns...................................373.......2.87%
Rifles.....................................358.......2.75%

If one assumes that the handgun/shotgun/rifle breakdown in the "firearm, type not recorded" row is similar to the breakdown where the type was recorded, then the percentages with "unknowns" rolled in would look something like this:

Total murders...........................12,996.....100.00%
Handguns.................................6,950......53.48%
Other weapons (non-firearm, non-edged)...1,772......13.63%
Edged weapons............................1,704......13.11%
Hands, feet, etc...........................745.......5.73%
Shotguns...................................431.......3.32%
Rifles.....................................414.......3.19%

FWIW, as long as the gun-control lobby's #1 goal is to outlaw the ownership of popular civilian gun models by people with clean records, they are going to continue to fail spectacularly. One would think that the utter failure of trying to legislate 19th century rifle aesthetics would have sunk in by now...

[Hoyt]

40. How does "popular" change the equation, and popular among whom (right wing militias)?

As far as I'm concerned, anyone who is attracted to these guns made and marketed to appeal to gunners' baser instincts, doesn't really have a "clean record." They are a menace to society, if for no other reason for causing another friggin "assault weapon" to end up in circulation.

[oneshooter]

44. Does that description include Democrats? If not then why not? n/t

[Oneka]

45. these guns made and marketed to appeal to gunners' baser instincts

Does that include this,scary, evil, gun?


Or how about this one.



Or maybe this one is marketed to appeal to my baser instincts


Does owning two out of these three, really make me a "menace to society" and make my record dirty?

I'm glad the liberty of ,DUE PROCESS, is such a small concern for you.

[friendly_iconoclast]

46. IOW, those guns cause "moral harm"- to you. n/t

[PavePusher]

47. "gunners' baser instincts"

I still haven't seen you define that throw-away-piece-of-shit phrase.

Man up and explain yourself.

[friendly_iconoclast]

48. The Department of Scientific Disarmament Instruction hasn't defined it yet.

When they do, he'll get back to you with it...

[benEzra]

51. Popular among whom? Ah, yes...

...primarily target shooters, competitive shooters, and shooters under 40ish. The AR-15 platform is the most popular civilian sporting rifle in the United States, and has been for years.

I'm sure you're fully aware that the "baser instincts" you speak of are the desire for reliability, accuracy, capacity, and ergonomics. We are talking about non-automatic centerfire .22's and short .30's, after all---civilian small arms---not WMD's or torture devices or something.

And, since you're talking about me, among others, I'd love to hear your reasons why you think I'm such a menace to society compared to owners of wooden-stocked carbines or your oh-so-friendly shotguns. :hi:

I'm 41 years old as of this fall, have never hurt anybody (not even a fistfight, so far). My sole "run-in with the law" was the time I forgot to renew my car's registration on time and got a ticket, which was waived as soon as I remedied the oversight; no speeding tickets or other moving violations. CERT volunteer, CPR certified, Red Cross blood donor, dad, technical writer, Perl geek, Lady Gaga fan. The only militia I belong to is the same one you likely do, i.e. the one defined in 10 U.S.C. § 311 (U.S. citizens between 17 and 45).

I'm also not one to go around slinging hate-filled innuendos and stereotypes against those I disagree with, which is a corollary of the whole "gets along well with others" thing. Live and let live, and all that.

[DissedByBush]

49. Did you read what they called an assault weapon?

A Springfield Armory M1A.



It doesn't even come close to the definition of an "assault weapon" by the idiotic 1994 assault weapons ban.

By their definition of "assault weapon" a huge number of regular old boring-looking hunting rifles can be called assault weapons. This is a popular modern equivalent hunting rifle, available in the same cartridge:

[Abin Sur]

50. While your point is taken, that's a picture of an M1, not an M1A.

[DissedByBush]

52. Good catch

Sorry, posted the pic too fast, gotta look before posting.

[ileus]

2. Hope he wins big....Uncle Sams thumb needs a good smack with a hammer.

[friendly_iconoclast]

4. He's after the state of California, whose "assault weapon" law *is* vague

It reads as if written by Mary Hanchett Hunt:

http://en.wikipedia.org/wiki/Mary_Hunt

[friendly_iconoclast]

3. The article at the link is laughable. As one commenter (correctly) pointed out to the author

"You used a picture of Rambo and a chart of guns from the video game series Halo"

I wish Richards all the best.

[krispos42]

5. Might as well have a picture of a Type III phaser rifle with under-barrel photon-torpedo launcher

:rofl:

[petronius]

6. Which is more commonly known as the AK-47

;)

[krispos42]

11. *snort*

:rofl:

[-..__...]

7. SF Weekly?

Now there's an unbiased, reliable news source.

Rambo?...

"Gun Rights Crusader"?...

"Halo"?...

"Lawyers Guns and Money"?...

What an irresponsible piece of bile and bug-eyed emotion.

[SteveM]

38. Old school MSM agit-prop; stale but still quaint. nt

[msongs]

8. all guns are assault weapons, that is what they are for nt

[one-eyed fat man]

10. yeah, right

Using your logic, all women walking the street are street walkers.

[PuffedMica]

12. What is a flare gun?

[Oneka]

13. Oh,, oh,, I know,, I know,,,,

All plastic

GLOCK

with an high volume assault clip

[SteveM]

26. They put volume controls on those things? I thought tone controls were enought. nt

[We_Have_A_Problem]

21. Would it be possible for you to make less sense? n/t

[SteveM]

39. Oh, you should be called as an "expert" witness in this case! nt

[Hoyt]

41. Poster sounds more of an expert than those here concerned only about losing access to more guns.

[We_Have_A_Problem]

42. LOL

So a fact-free one-liner is evidence of an expert to you?

You're funny Hoyt. I'd almost think you were trying to pretend to be a caricature of a gun-control supporter if it weren't for the fact that you're so damned consistent.

I'll give you credit though - you insist upon your beliefs in the face of all facts to the contrary. That is a hell of a degree of faith, Hoyt. A Jesuit would be proud....

[friendly_iconoclast]

43. I was thinking maybe Andy Kaufman or Sacha Baron Cohen.

If true, it's brilliant work...

[AtheistCrusader]

9. That reminds me.

I would pay real money for a shotgun with the open sights and top loading tube mag, like the original shotgun from Halo 1, seen in that chart of 'guns'.

[SteveM]

24. "Guns rights crusaders?" "litigious firearms aficionado groups?"

Good indicators for the tone of this piece.

Oh, excuse me: "INCREDIBLY" litigious gun-rights group."

I haven't noticed such "litigiousness" in Texas and Florida and most other states. Wonder why it keeps happening in SF?

[spin]

29. Simply because of the idiotic laws on "assault weapons" in California...

Florida and Texas lack such laws.



To view a larger image visit:
http://www.calguns.net/caawid/flowchart.pdf

For an official site visit:
http://ag.ca.gov/firearms/regs/

(Chapters 7, 39 and 40 are very informative.)

[We_Have_A_Problem]

30. The truly scary thing about that flowchart....

...is that it is not satirical.

[Euromutt]

35. What's more scary...

...is that Californian law enforcement is evidently not familiar with what makes a firearm an "assault weapon" under California state law, and at least as importantly, what makes a firearm not an "assault weapon" (such as "bullet buttons" and California compliant rifle stocks).

[SteveM]

31. Ah, the old transistor radio circuit board. nt