Maze of gun laws complicate control efforts, Associated Press analysis suggests
Obama wants to address this, in part, by passing federal gun-trafficking laws that carry heavy penalties. It's difficult to crack down on trafficking because the penalties are too low to serve as a deterrent, and federal prosecutors decline many cases because of a lack of evidence. For instance, in order to charge someone with willfully participating in a business of selling firearms without a license, the ATF needs to prove that the guns were not sold out of the suspect's private collection, the Justice Department inspector general has said.
Obama has also called for a new federal law banning magazines that carry more than 10 rounds of ammunition — a measure that was in effect during the previous assault weapons ban, between 1994 and 2004. High-capacity magazines have been used in recent deadly mass shootings, including those in Newtown, and in the suburban Denver movie theater attack last summer. But like many terms in the firearm lexicon, a high-capacity ammunition magazine means different things in different places.
In California, considered by many to have some of the strongest gun laws in the country, a large-capacity magazine is one that holds more than 10 rounds. In Illinois there is no state law regarding magazines. Yet, there are laws regarding magazines in Chicago where the threshold is more than 12 rounds. But about 40 miles away in Aurora, Ill., this type of magazine is called a large-capacity ammunition feeding device and means anything more than 15 rounds.
In 44 states, including Arizona, Colorado, Connecticut, Texas and Virginia where these magazines have been used in deadly mass shootings, there are no laws against using them, according to a 2012 analysis by the Law Center to Prevent Gun Violence. If a federal law banned magazines that hold more than 10 rounds, it would become the minimum standard.
The definition of "assault weapon" also varies. There is no federal definition of an assault weapon, and the meaning of the term is inconsistent even within the gun industry. California defines an assault weapon as a "firearm (that) has such a high rate of fire and capacity for fire-power 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." The law specifically lists 60 rifles, 14 pistols and five shotguns. Neighboring states Nevada and Arizona have no assault weapon restrictions.
Federal law does not prohibit the ownership of any weapon, said Ginger Colbrun, an ATF spokeswoman in Washington. In order to buy or own certain firearms, including automatic weapons, machine guns and bazookas, people do have to apply for permission from the federal government. But as long as the application for a restricted firearm is approved, and there is no state law barring ownership of that type of gun, it's legal.
"There is such a variation in the number of laws that regulate the distribution of guns that there is no adequate minimum standard," said Richard Aborn, president of the New York-based Citizens Crime Commission. "The federal government has an obligation to establish at least minimum standards that have to be complied with before a gun can be sold anywhere in America."
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