Congress is likely to look at renewing the Assault Weapons Ban that Clinton signed into law in 1994. The ban is scheduled to sunset September 13, 2004 if Congress does not reauthorize it. Divisive issues, such as gun legislation, are not popular during election seasons and Congress will most likely address the issue before adjourning for 2003.

Gun violence is a serious concern in this country. According to the Coalition to Stop Gun Violence, each year 30,000 Americans die as a result of gun violence. Twice as many non-fatal wounds require emergency medical treatment.1 Every 2 hours and 40 minutes a child or youth is killed by guns.2 A gun kept in a home is 22 times more likely to be used for an unintentional shooting, homicide, or suicide than it is to be used for 1 incident of self-defense.3 In addition, more than $100 billion is spent every year on medical and social costs related to gun violence. At least half of that burden is borne by taxpayers.4

Despite these alarming statistics, the government is not doing as much as it could to ensure that guns stay out of the hands of criminals. The Assault Weapons Ban passed in 1994 is a good first step. This legislation banned production of certain kinds of semiautomatic assault weapons and high capacity ammunition magazines that hold more than 10 rounds. Semiautomatic assault weapons were specifically defined as automatic firearms that could accept a detachable ammunition magazine, and had two additional assault weapons’ characteristics as defined by a list included in the legislation. Certain weapons were also banned by name.5 Lawmakers were careful not to ban all semi-automatic guns, wanting to ensure that traditional guns designed for hunting and recreational activity would not be affected.

What Are Assault Weapons?

Assault weapons have a distinct look. They are designed and developed for the specific military purpose of providing a high volume of fire over a wide area. A semiautomatic weapon is only different from a fully automatic weapon in that with a semiautomatic you must depress the trigger for each bullet fired. An automatic weapon fires continuously as long as the trigger is held down or the magazine contains ammunition.6 Assault weapons are distinctively different from sporting rifles in that assault weapons are meant to rapid fire, thus maximizing the lethal effects. Sporting rifles, in contrast, are to be shot from the shoulder and depend on the accuracy of the shooter.7

Who Supports the Assault Weapons Ban?

Assault weapons pose a grave threat to communities and law enforcement when in the hands of criminals. Assault weapons boast high firepower and ability to penetrate body armor, making them more dangerous, particularly to law enforcement.8 One-fifth of the law enforcement officers slain in the line of duty between January 1998 and December 2001 were killed with assault weapons.9 Every major national law enforcement organization has supported the Assault Weapons Ban and has worked for its passage.10

In addition to law enforcement, the Assault Weapons Ban is supported by a wide coalition of religious groups, child advocates, child psychiatrists, physicians, criminal justice groups, and violence prevention organizations. Furthermore, according to a Lake/Snell/Perry poll conducted in July 2002, 65% of Americans favor renewal of the Assault Weapons Ban, with 57% strongly favoring renewal.11

The Presbyterian Church USA supports renewal of the Assault Weapons Ban. Since 1968 the PC(USA) General Assemblies have spoken in favor of gun control. It reaffirmed its position of gun control in 1990, stating, “The 202nd General Assembly (1990) of the Presbyterian Church (U.S.A.) supports gun control at federal, state, and local levels as the most effective response to the present crisis of gun violence.” Specifically, in 1998 the Assembly “Call[s] upon Presbyterians to intentionally work toward removing handguns and assault weapons from our homes and our communities…” Furthermore, the 212th Assembly urges the president and U.S. Congress to “pass laws banning all forms of assault weapons.”

Where Does the Ban Stand in the Political Process?

There are currently two approaches in Congress toward reauthorization of the Assault Weapons Ban. The Assault Weapons Ban and Law Enforcement Protection Act of 2003 (HR 2038) was introduced in the House this session by Rep. Carolyn McCarthy (D-NY) and John Conyers (D-MI). It renews the 1994 ban that is set to end in 2004 and strengthens current law to address limitations in the ban that have allowed the gun industry to circumvent the law.12 This legislation attempts to curb loopholes that allowed the gun industry to make cosmetic changes to assault weapons and sell them, thus evading the law. Senator Lautenberg (D-NJ) introduced sister legislation (S 1431) which is identical to the McCarthy-Conyers bill.

Senator Feinstein (D-CA) has also introduced a bill to reauthorize the Assault Weapons Ban (S 1034). This bill re-enacts the current law and makes it permanent. It also stops domestic manufacture of high ammunition clips and the import of such clips. Violence prevention groups are concerned that this legislation does not go far enough in closing the loopholes in the 1994 law.

In a sign-on letter sent to Senator Feinstein (D-CA) in April 2003 groups who support the ban voiced concern for the gun industry’s ability to evade the current law. The letter urges limitations on public access to military style weapons, and asks that any legislation define an assault weapon as any semi-automatic rifle, shotgun, or pistol that can accept a detachable magazine and includes one (as opposed to the previous two) of the additional features listed in the legislation. Furthermore, the letter suggests that the legislation ban conversion part kits, regulate grandfathered assault weapons and enhance tracing of such weapons, ban all high-capacity magazines, prohibit juvenile possession, and expand the list of assault weapons to include the Bushmaster XM15 used by the Washington-area snipers last October.

President Bush has said, as far back as October 2000, that he supports the Assault Weapons Ban. However, the President has not supported the McCarthy-Conyers legislation. The National Rifle Association (NRA) has filed suit in court to challenge the constitutionality of the law but so far the courts have denied legal challenges and Attorney General Ashcroft has ruled the 1994 Assault Weapons Ban constitutional.13

US House Majority Leader Tom DeLay (R-TX) has said he will let the Assault Weapons Ban sunset in 2004. This puts him at political odds with President Bush.14

What is the Opposition to the Assault Weapons Ban?

Groups that support possession of guns believe that any ban on any weapon goes against the 2nd Amendment of the U.S. Constitution, which states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, should not be infringed.” Gun owners also fear that gun control legislation will lead to stricter control of all forms of guns. The NRA claims that the Assault Weapons Ban includes guns and ammunition magazines used in the most popular target shooting rifles and conventional handguns.15

Opposition groups also contend that the Assault Weapons Ban has thus far been ineffective so it should not be kept on the books. The NRA argues the law does not affect crime, quoting an Urban Institute study that states, “the banned weapons and magazines were never involved in more than a modest fraction of all gun murders.” The NRA therefore believes access to these weapons should not be restricted. 16

Support the Assault Weapons Ban

While the PC(USA) General Assemblies have spoken in favor of gun control, they do not advocate restrictions on all guns. Gun control as a violence prevention effort will not infringe on those who use guns for sporting and recreation. Furthermore, a study by the U.S. Department of Justice shortly after the implementation of the 1994 Assault Weapons Ban suggests positive evidence in violence reduction. The report states that, “criminal use of the banned guns declined, at least temporarily, after the law went into effect.” Further, “evidence suggests that the ban may have contributed to a reduction in the gun murder rate and murders of police officers by criminals armed with assault weapons.” The conclusion of the report states, “the findings suggest that the relatively modest gun control measures that are politically feasible in this country may affect gun markets in ways that at least temporarily reduce criminals’ access to the regulated guns, with little impact on the law-abiding gun owners.”17

Based on guidance of the PC(USA) General Assemblies and recommendations of violence prevention advocacy groups, the PC(USA) Washington Office encourages your support in reauthorizing the federal Assault Weapons Ban.Take Action

Contact your Members of Congress and express concern for violent gun crime. Ask that they support reauthorization of the 1994 Assault Weapons Ban.

In the Senate, ask for their support of the Lautenberg bill (S 1431). For those Senators who are currently supporting the Feinstein bill (S 1034), ask them to consider the Lautenberg bill.

These Senators are:

Sen. Barbara Boxer (D-CA)
Sen. Lincoln Chafee (R-RI)
Sen. Richard Durbin (D-IL)
Sen. James Jeffords (I-VT)
Sen. Edward Kennedy (D-MA)
Sen. Carl Levin (D-MI)
Sen. John Reed (D-RI)
Sen. Charles Schumer (D-NY)

In the House ask for support of the McCarthy-Conyers bill (HR 2038).

Call the Capitol Switchboard at (202) 224-3121 and ask to speak to you Member of Congress.

Email by going to the Presby Legislative Action Center. If there is not an urgent alert on this issue, you can compose your own message.

Write:

The Honorable _____________
United States Senate
Washington, DC 20510

The Honorable _____________
US House of Representatives
Washington, DC 20515

Visit your Members of Congress in their district offices. Get a group together to visit and discus your concerns.

General Assembly Policy

1968 Statement — PCUS, p. 103; reaffirmed 1976, p. 209

The General Assembly urgently petition[s] Congress to enact without delay legislation designed to effectively control the sale and possession of firearms of all kinds . . . and most solemnly urge[s] pastors and sessions to search their hearts and take action to rid both themselves, their congregations, and their communities of all forms of hatred and violence and to bring about that reconciliation to which they have been called. . . .

1990 Statement — PC(USA), pp. 605 and 606

The 202nd General Assembly (1990) of the Presbyterian Church (U.S.A.) supports gun control at federal, state, and local levels as the most effective response to the present crisis of gun violence. . . .

CALLS upon the United States government to establish meaningful and effective federal legislation to regulate the importation, manufacture, sale, and possession of guns and ammunition by the general public. Such legislation should include provisions for the registration and licensing of gun purchasers and owners, appropriate background investigations and waiting periods prior to gun purchase, and regulation of subsequent sale.

URGES the enactment of similar state and local laws, should such federal legislation be delayed.

CALLS upon government agencies at all levels to provide significant assistance to victims of gun violence and their families.

2000 Statement — PC(USA), p. 482-3

The 212th General Assembly (2000) of the Presbyterian Church (U.S.A.):

1. Reaffirm[s] all previous General Assembly positions regarding gun violence.

4. Instruct[s] the Stated Clerk of the General Assembly to urge the president and the United States Congress to:

c. pass laws banning all forms of assault weapons;

d. enact laws requiring the installation of safety devices on all guns, and the purchase of safety devices when any guns are purchased;

Endnotes

1. "Gun Control 101." The Coalition to Stop Gun Violence. www.gunfree.org/content/resources/resc_newissue_guns101.html

2. "Children Don't Come in Pieces." Children's Defense Fund.

3. "Gun Control 101."

4. Ibid.

5. "Officer Down." Violence Policy Center. www.vpc.org/studies/officeintr.htm

6. "Bullet Hoses." Violence Policy Center. www.vpc.org/studies/hoseone.htm

7. "Brady Campaign: Facts & Information" www.bradycompaign.org/facts/gunlaws/awb.asp

8. Ibid; "Officer Down" www.wpc.org/studies/officeintr.htm

9. "Majority Leader DeLay's Promise to Let Assault Weapons Ban Expire Will Keep Cop-Killer Guns on U.S. Streets" www.vpc.org/press/0305delay.htm

10. "Brady Campaign: Facts & Information" www.bradycompaign.org/facts/gunlaws/awb.asp

11. "Pass an Effective Assault Weapons Ban: Support HR 2038, the "Assault Weapons Ban and Law Enforcement Protection Act of 2003." Sign-on letter. July 2003.

12. "VPC Offers Strong Support for Mc-Carthy-Conyers Assault Weapons Ban." www.vpc.org/press/0305bill.htm

13. "Brady Campaign: Facts & Information" www.bradycompaign.org/facts/gunlaws/awb.asp

14. "Majority Leader DeLay's Promise to Let Assault Weapons Ban Expire Will Keep Cop-Killer Guns on U.S. Streets" www.vpc.org/press/0305delay.htm

15. "Fact Sheet: Authors of the 1994 Clinton Gun Ban Push to Expand It." www.nraila.org/FactSheets May 20, 2003.

16. "Fact Sheet: Authors of the 1994 Clinton Gun Ban Push to Expand It." www.nraila.org/FactSheets May 20, 2003.

17. Roth, Jeffrey, and Christopher Koper. "Impacts of the 1994 Assault Weapons Ban: 1994-1996." U.S. Department of Justice, National Institute of Justice, March 1999.