By Kevin D. Williamson
Wednesday, December 28, 2022
Dear readers:
I write a great deal about firearms and the gun-control
debate, and I’ve found that many of the same questions come up repeatedly. To
that end, I’ve decided to try to create a kind of permanent FAQ on gun policy.
This is a first blast, but I expect to keep adding to it. As with any technical
subject, it is easy to make mistakes here, and, if I have made any, I trust
that you will inform me so that I may correct them ASAP. In the Dispatch tradition,
I come to this with a conservative point of view but without, I hope,
ideological blinders.
To that end, it might be helpful to tell you exactly
where I stand politically on this: I’m a constitutionalist who believes that
the Bill of Rights really does mean what it says and that Americans’ civil
rights include a broad and very inclusive right to keep and bear arms. I’m also
a federalist who believes that there is no reason that the gun laws have to be
precisely the same in every jurisdiction, and that we might within the
boundaries of the Second Amendment reasonably conclude that the gun laws in
rural Wyoming don’t have to be precisely the same as those in Manhattan, in
much the same way that the First Amendment accommodates a variety of different
regulatory approaches to things such as rally permits or marches. For example,
the same line of thinking that generally leads most jurisdictions to (quite
reasonably) prohibit the carrying of firearms in bars might also lead us to
reasonably prohibit the carrying of firearms in nightlife districts such
as Austin’s
Sixth Street or the Las
Vegas Strip. As with freedom of speech, time-and-place restrictions seem to
me much more in accord with our constitutional rights–and I think that with
firearms they are more likely to be effective than, say, trying to ban this or
that scary-looking rifle.
President Joe Biden’s mental meanderings notwithstanding,
I think that attempts to ban ordinary weapons such as semiautomatic rifles and
handguns are plainly unconstitutional, that they would be unlikely to do much
to deter violent crime, and that they are at root intellectually dishonest:
They are more genuinely a culture-war
assault by progressive-leaning urbanites and suburbanites on gun
owners as a demographic, one that is perceived (not entirely accurately) as
being socially retrograde, white, male, rural, Southern, middle-aged—everything
that communicates “Trump voter” to people living in Greenwich,
Connecticut.
That being written, we already have some reasonable
regulations in place that are consistent with the Second Amendment, and I think
that there are additional constitutionally permissible gun-control policies
that might be pursued. The problem with the regulatory approach is that it
targets licensed dealers and the people who do business with them, who
represent a vanishingly small share of criminals: Less than 2 percent of the
criminals in custody today who had a gun with them when they committed their
crimes acquired that gun from a licensed gun dealer, and only 0.8 percent from
one of those gun shows we hear about all the time. Most violent crimes in the
United States are committed by people with prior arrests and convictions for
serious and often violent crimes, and the majority of murders in our country
are committed by people who would not be legally eligible to purchase a firearm
under existing law. We do shamefully little to prosecute straw buyers, and in
many jurisdictions, particularly in the big cities, prosecutors throw out more
gun cases than they prosecute, in some cases by a 2-to-1 margin.
And so, in alphanumeric order, here is some of what I
think you should know about …
5.56mm NATO ammunition and “high-powered” rifles: The
5.56 x 45mm NATO cartridge is the round that the overwhelming majority of
AR-style rifles are chambered to fire, and it is an iteration of the .223
Remington round developed for the U.S. military in the 1960s. The 5.56mm is
basically a high-pressure version of the .223 Remington; the two rounds are so
close to identical that .223 rounds can be fired in a 5.56mm rifle and vice
versa, though the latter is generally considered unsafe as some .223 chambers
are not sturdy enough to handle the higher pressure of the 5.56mm. The 5.56mm
is, as you might guess from its relationship to the .223, a member of the
.22-caliber centerfire family. It is not, however often the press may say
otherwise, a “high-powered” rifle. The .22-caliber centerfire cartridges are
relative lightweights, and the 5.56mm round is not even the most powerful
member of the family: Rounds such as the .22-250 Remington are substantially
more powerful as measured by the standard of muzzle energy, but
even these more powerful rounds are generally classified as “varmint”
cartridges, adequate for hunting prairie dogs or coyotes but not powerful
enough to hunt deer or other game. In fact, the 5.56mm round is prohibited in
many jurisdictions for deer hunting—not because it is so high-powered but
because it is not high-powered enough; Colorado, for example, specifies a
minimum of .24-caliber (or 6mm) bullets for deer hunting, excluding the
relatively small 5.56mm.
(A word about nomenclature here: The names of gunmakers
sometimes end up attached to the names of particular cartridges, as with the
.223 Remington. But the fact that a rifle is chambered for the .223 Remington
doesn’t mean it is a Remington-brand rifle—lots and lots of firearms are
chambered for that round. Many famous cartridges share a name with a famous
gunmaker—Remington, Weatherby, Rigby, Colt—but the name of the chambering doesn’t
imply anything about the maker of the firearm. Other designations are more
straightforward—you can probably guess who commissioned the development of the
.45-70 Government—and some are less obvious: The .30-06, pronounced
“thirty-ought-six,” is called that because it is a .30-caliber round developed
in 1906, whereas the 6.5mm Creedmoor is named for the old Creedmoor Rifle Range
in Queens, New York.)
U.S. shooters have access to some very high-powered
rifles, which fall into two partly overlapping categories: Long-distance
precision rifles chambered for military-derived rounds such as the .50 BMG and
the .338 Lapua or big-game rifles chambered for heavy rounds such as the .458
Winchester Magnum and safari cartridges such as the .416 Rigby. For comparison,
the .416 Rigby hunting rifle produces about four times as much muzzle energy as
the 5.56mm, while the .50 BMG produces about 10 times as much. These are the
real high-powered rifles, but you will almost never hear about one being used
in a crime, because they are large, heavy, and expensive: Nobody is going
around with a five-foot-long, 40-pound rifle stuck in his pants or in the
glovebox of his car, and the people who can afford a really nice John
Rigby safari rifle ($160,000 or so) mostly commit white-collar crimes.
Some of these high-powered rifles go across categories: The .338 Lapua is used
as a military sniper rifle, as a precision rifle for competitive target
shooters who want to shoot
milk jugs that are literally a mile away, and as a hunting rifle popular
among some Western hunters who take game such as elk or bighorn sheep at great
distances.
I don’t want to get shot with a 5.56mm rifle, and neither
do you. But when we are talking about high-powered rifles, we are talking about
your granddad’s hunting rifle, which might very well be two or three times as
powerful as an AR-type rifle firing a 5.56mm round. This matters because there
are people in the gun-control debate who say that they don’t care about hunting
rifles but only want to come after AR-style rifles because these are thought to
be powerful or especially dangerous in some way. Which they aren’t. And, and
top of that, they are hunting rifles, albeit mostly varmint
and small-game hunting rifles.
Ammunition jargon: The above may raise the
question: Why is some ammunition measured in caliber and some in millimeters?
The answer is history and tradition. A caliber measurement is a fraction of an
inch: a .25-caliber bullet is a quarter of an inch in diameter, a .50-caliber
bullet is a half an inch in diameter, a .338-caliber bullet is just a little
over a third of an inch in diameter, etc. Because these are decimals, a
.30-caliber measurement is the same as a .300-caliber or (not that anybody
writes it this way) a .3000-caliber. Ammunition developed in the modern
era, particularly ammunition developed for military purposes with our metric-using
NATO allies in mind, usually is measured in millimeters. This tells you less
than you might think it does: There are .50-caliber handguns and .50-caliber
rifles, but they typically fire very different rounds: The infamous .50-caliber
Desert Eagle handgun fires the .50 Action Express round, while long-range
rifles often fire the .50 BMG round, which is .50 caliber but twice as heavy
and three times as long as the handgun round. Bullet weights are measured in
grains, a grain being 1/7000th of a pound. Why? Because. Shotgun gauges are
even more obscure: A 12-gauge shotgun is a shotgun with a bore of such a size
that a lead ball fitting precisely into it would weigh 1/12th of a pound,
whereas it would take 20 balls the size of a 20-gauge shotgun’s bore to weigh a
pound. That’s why shotguns are smaller the larger the bore number is, except
for .410 shotguns, which are measured in caliber for reasons of ancient
history. The thing to keep in mind is that caliber doesn’t tell you everything:
a .45-caliber handgun and a .45-caliber buffalo rifle have, in theory, the same
bore measurement, but one fires a larger, heavier bullet. Speaker of which: The
bullet is only one part of the cartridge–the part that comes out. There are
some firearms that shoot different cartridges but, in some cases, those
different cartridges will use the same bullet: The .308 Winchester and the
.30-06 fire the same .308-caliber bullet, but the .30-06 fires it from a case
that is longer and holds more propellant, which means it fires the bullet a
little bit faster, with more muzzle energy. The kind of guy who corrects you if
you say “clip” when you mean “magazine” may also correct you if you say
“bullet” instead of “round” or “cartridge” or whatever, but you shouldn’t go
shooting with that guy.
AR-15 rifles: As the gun pedant in your life
no doubt already has informed you, the “AR” in “AR-15” does not, contrary to
myth, stand for “assault rifle” or “automatic rifle” but instead denotes
“ArmaLite rifle,” after the company that developed the weapon for the U.S.
military in the 1950s. As it does today, the U.S. military at that time did not
conceive of itself as some kind of big, lumbering, Soviet-style piece of heavy
imperial machinery, but preferred to be lightweight, precise, and quick on its
feet. The contract for the new military rifle that became the AR-15 specified a
.22-caliber centerfire rifle with a 20-round magazine, the idea being that,
among other considerations, troops carrying the smaller, lighter rifle would be
more mobile and that many more rounds of ammunition could be transported at the
same weight as fewer rounds of the heavier stuff. ArmaLite had financial
problems, and Colt acquired both its contract for what became the M16 military
rifle and the rights to the name AR-15, which it used for semiautomatic 5.56mm
rifles sold to civilians and law-enforcement agencies. An AR-15 is a particular
rifle with a particular design, and it is a particular piece of intellectual
property, a brand name. For these reasons—and, because the name AR-15 has
become a kind of scare term in the gun debate—people in the know generally
refer to “MSRs,” or “modern sporting rifles.” These may differ from the classic
AR design in important technical ways, but they are, in most cases,
semiautomatic rifles with detachable box magazines.
Most of them are chambered either for the 5.56mm NATO
round or for the larger 7.62mm x 51 NATO round, a fraternal twin to the .308
Winchester, associated with the larger AR-10 design. But, in recent years,
there has been a great proliferation of chamberings for MSRs and AR-platform
rifles, which can now be had in precision-shooting chamberings such as the
6.5mm Creedmoor and in proper hunting chamberings, too. The cheekily named .458
HAM’R cartridge, for example, was developed for feral hog hunting, one of the
most popular kinds of hunting in the United States.
This is important because, contrary to what you often
hear from figures such as Joe Biden, AR-type rifles and other semiautomatic
firearms have been used by U.S. hunters for years and years, going back at
least to the early 1960s. AR-pattern rifles are now among the most common
hunting rifles in the United States, used for everything from pest-control to
hunting everything from coyotes to elk. “We don’t want your hunting rifles,
only the AR-15s” is a nonsense sentence.
Are AR-type rifles especially dangerous? Look at the FBI
data: In 2019, there were almost 14,000 homicide victims in the United States. All
rifles combined—not just AR-type rifles, but all rifles—accounted
for only 364 of those incidents. Even if we assume that all of those rifles
were AR-type rifles (and they weren’t), we’d still have four times as many
murders with knives, more murders with blunt objects, more murders with fists
and feet, etc. For crimes short of murder, rifles are even more scarce: Only 13
show up in robberies in the 2019 FBI statistics, three in burglaries, eight in
narcotics cases, and two in domestic-violence cases—in a country of 345 million
souls, these are not big numbers.
What about mass shootings? In our time as in decades
past, the most common sort of firearm to be used in a murder of any kind is
simply the most common sort of handgun at the time: It was single-action
“thumb-buster” revolvers in the Old West and 9mm semiautomatic handguns in our
time. AR-type rifles have been used in a number of high-profile mass shootings,
but handguns remain by far the most common weapon of choice for mass shooters
as well as for ordinary criminals.
There is some statistical trickiness in that to be aware
of: Because different sources define “mass
shooting” in different ways, a lot of gang fights and Saturday-evening
shootouts get lumped in with the horribly familiar episodes in which deranged
killers carry out carefully planned theatrical assaults on schools or other
public places. Dead is dead, of course, but, for the purposes of our discussion
here, the social resonance of two gangs fighting for control of some criminal
enterprise or territory is a different thing from a troubled teenager shooting
up his school. If you define “mass shooting” as a premeditated killing by a guy
with a plan and a manifesto, then you’ll get more AR-type rifles as a share of
the total, without a doubt. There is no denying that these rifles occupy a
particular cultural position that is not directly related to their lethality or
that this affects the choices of programmatic killers. The “black rifles” are
at the center of our gun-policy debate not because they are especially
dangerous but because they are cultural totems.
“Assault rifles” and “assault weapons.” These
are terms without very robust definitions. But I’ll try to shed some
light.
“Assault rifle” is a military term of art, but a vague
one, usually meant to describe a weapon that is lighter and more portable than
an army’s standard-issue battle rifle. A working definition would be something
like, “medium-caliber select-fire rifle with a detachable magazine.”
“Select-fire” designates a weapon that can be fired in semiautomatic, burst, or
fully automatic modes, and, in that sense, “assault rifles” are really a
non-issue for the U.S. gun-control debate: It is very difficult for civilians
to buy any firearm capable of full-auto fire, and in almost every circumstance
illegal to own such weapons if they were manufactured after 1986. Like those
.338 Lapua rifles that cost $7 a round to shoot and $50,000 safari rifles,
machine guns are a rich man’s hobby. Fully automatic weapons legally owned by
civilians in the United States are almost never used in homicides—I have found
documentation of exactly one such case since 1934, along with
one case of a legally owned full-auto weapon being used by a corrupt police
officer to murder an informant. What happened in 1934 was the implementation of
the National Firearms Act, which restricted fully automatic weapons in response
to a national panic about gangland gun battles in Chicago. Obviously, this
didn’t cure murder, and Chicago’s
homicide rate in 1980 was about twice what it had been in 1930, but the
killers used fewer Tommy guns and wore fewer fedoras. That isn’t a gun-control
success story—it’s a change in fashion.
“Assault weapon” is even more vague. I don’t want to be
unfair to the other side here, but it basically ends up meaning, “A firearm
that makes a nice liberal uncomfortable.” The Assault Weapons Ban (AWB) of 1994
was mainly an exercise in aesthetics: The law specifically exempted the Ruger
Mini Thirty and specifically prohibited Kalashnikov rifles—both of those are
semiautomatic rifles, both are chambered for the 7.63 x 39mm round, both accept
detachable box magazines of any size you like, etc., but only one of them was
associated with Boris Badenov and the Black Panthers. Rather than any ballistic
criterion, “assault weapons” were defined by such features as stock
configuration (fixed good, folding bad) or whether there was a lug for mounting
a bayonet. (You will search the crime data in vain for a spate of 1990s bayonet
murders.) Flash hiders and barrel shrouds were on the naughty list, too, even
though these are safety features. Pistol grips also were targeted, which was
particularly silly: Check out the pistol grip on this particularly lovely 1840
Lesoinne et Pirlot fils carbine, an “assault weapon” that Queen Victoria
might have enjoyed.
(One good definition of “assault weapon” is: a weapon
that is pointed at you.)
The AWB doesn’t seem to have had any
effect on firearms deaths on gun-related crime—it mainly had the
effect of raising the prices of certain firearms about 50 percent between 1993
and 1994.
Gun manufacturers—and, in particular, the guys down in
marketing—are not always the most responsible people in the world, and lots of
them have relied on silly, macho military imagery, and lots of them have in the
past used the word “assault weapon” in their advertising, though “assault” has
largely been displaced by the equally dopey “tactical,” the favorite adjective
of Walter Mitty-type mall commandos everywhere. “Tacticool,” they call it—and
this guy gets
it:
People will be happy to sell you “tactical
socks” or, if you have a hankering, a “tactical spatula.”
I’m pretty old-school about this stuff: I like Winchester
rifles with walnut stocks and fancy Italian shotguns like the one Dick Cheney
shot that guy in the face with. (The kids call us “Fudds.”) I get the
aesthetic queasiness with some of this stuff: We have those dopes in the
Hawaiian shirts (some of you the ones I mean) at my gun range, too. But
aesthetics are not really a very good way to organize a crime-control policy or
to understand a constitution.
Ballistics: The science of
studying projectiles in flight. Ballistics is to the gun-control debate
what climate-science is to the climate-change debate: The science doesn’t
answer all the questions, because the big questions are political and economic
questions and not scientific questions, but there are questions of fact that
can and must be answered and addressed. Ignoring the facts as
trivia for gun-nuts, as so many progressives do, is the mark of somebody who is
not committed to having an honest and productive conversation. If you tell me a
little ol’ .22-centerfire is a “high-powered rifle,” I’ll know you haven’t done
your homework.
Bath school disaster: The worst massacre at a
school in U.S. history happened at Bath, Michigan, in 1927. A failed politician
murdered 38 children and six others. There were no firearms involved. The
killer used explosives.
“Enforce the gun laws we have!” This is a
common riposte from gun-rights advocates to gun-control proposals, and it is a
good one. There are many examples here—Philadelphia dismisses 61 percent of all
gun cases without trial or charges, the U.S. attorney for Chicago refuses to
prosecute the great majority of straw-buyer cases, etc.—but here’s the one that
really stands out for me: According to the hilariously misnamed Government
Accountability Office, there were about 112,000 attempts by prohibited persons
to buy firearms in 2017. These weren’t oopsies: 36 percent of those attempts
were by convicted felons, 30 percent were subjects of protective orders, 16
percent had been convicted of disqualifying domestic-violence charges, etc.
That’s 112,000 federal felonies in which all of the evidence is documented,
dated, and signed by the offenders, who even go so far as to provide
photocopies of their identification cards. Out of those 112,000 cases, there
were only 12 prosecutions. These people are habitual criminals: According to
the DOJ, about 30 percent of those who fail a background check go on to be
arrested on unrelated criminal charges within five years.
In 2021, the NYPD made 4,456 gun arrests, which resulted
in a grand total of one—one!—conviction at trial, along with 698
plea deals and 983 dismissals. Which is to say, if you get arrested for illegal
gun possession in New York City, by far the most likely outcome is outright
dismissal. In Philadelphia, dismissals outnumber prosecutions 2-to-1, with 61
percent of gun cases simply being thrown out.
FFL: The federal firearms license is what you
have to have if you are in the business of selling guns. One of the live issues
in the gun-control debate is what it means to be in the business of selling
firearms. Some people have gun shops, and, about them, there is no question.
Sometimes, a guy sells his buddy his shotgun when he wants to raise some cash
for new golf clubs, and about that guy there is no question, either: He is not
a gun dealer and not subject to the federal regulations we put on gun dealers.
But what about a guy who has a regular full-time job but also is a shooting
hobbyist or a collector, who may purchase 20 or 30 firearms a year and may also
sell as many—is he a gun dealer? A fellow who inherits a large collection of
firearms from his father and spends the next year or two selling them off for a
substantial sum—gun dealer? Gun-control advocates complain that ATF
interpretation of the definition of who is a gun dealer is too narrow, and that
more people should be obliged to obtain licenses in order to continue their
activities. My own view is that this is a fair question and that there are at
least some cases in which people who obviously are in the business of selling
firearms continue to do so without a license and face little or no risk of
prosecution. See “Gun show loophole” below.
Ghost guns: These are homemade guns, ranging
from those that are genuinely manufactured at home to the more common sort that
are assembled mostly from readily available parts. There isn’t any law against
making a gun for yourself at home, though you have to be licensed to
manufacture them for commercial purposes. So-called ghost guns bring up a
couple of questions, beginning with: What is a firearm? That’s a real question:
If I sell you 60 percent of the parts needed to put together a gun on Monday,
the other 40 percent on Tuesday, and charge you $200 for gunsmithing services
to put them together on Wednesday, I have sold you a gun. But what if I sell
you 90 percent of a gun and leave you to find the other 10 percent for yourself?
Have I sold you a gun? Turn that around: Say you have a gun that needs some
repairs, and you bring me a firearm that has 70 percent of what it needs to
function and I provide you with the other 30 percent—did I sell you a gun? What
if I sell you half of what you need and somebody else sells you half? Who sold
you the gun? Anybody? Gun parts wear out, and people customize guns in various
ways all the time, by upgrading triggers or barrels, replacing the stocks, etc.
Federal regulators have tried to solve this problem by declaring that the gun
is, for legal purposes, the “receiver,” meaning the main housing to which most
of the components are attached. But this simply re-creates the same problem in
miniature: What if somebody sells you a half-finished receiver? The ATF rules
on this are vague, to such an extent that there are firms acting in good faith
that sell unfinished receivers on the theory that these do not meet the legal
definition of “firearm” while the ATF says otherwise.
In some cases, you won’t know whether you sold somebody a gun until the ATF
tells you. In theory, you shouldn’t be able to buy all the parts you need for a
working firearm and simply assemble them—an unfinished receiver should require
at least a little bit of machining work. My own limited experience with this is
that it takes more know-how than putting together an IKEA bookshelf but is
usually within the abilities of a reasonably mechanically competent
person.
Homemade guns turn up in crimes from time to time, and
some police agencies have reported an increase in them. The Colorado Springs
shooter is reported to have used a ghost gun of some kind, though it is not
clear that this was in order to avoid going through a background check: The
killer appears to be a straight-up lunatic and was arrested in a bomb-scare
case a while back but had not been convicted of a disqualifying crime or
declared mentally incompetent, and probably could have made an ordinary retail
purchase.
The problem with ghost guns, gun-control advocates say,
is that they are untraceable. That is generally true: If no individual part
meets the legal definition of a firearm, then there is no serial number, no
background check, and no mandatory record of the sale. But, in reality, about
98 percent of the firearms used by criminals are effectively untraceable, too:
Of the prisoners in the state-prison systems who were in possession of a
firearm at the time of their crimes, less than 2 percent acquired that firearm
through a retail purchase. Tracing a gun back to the point of its last sale by
a licensed dealer can be useful for criminal investigators in some
circumstances, but, outside of police-procedural television shows, that kind of
tracing plays a mostly minor role in murder cases. (Most of the time; there are
times when it really matters.) The thing about criminals is—they’re criminals.
The majority of murders in our country are committed by people who would be
legally prohibited from owning a firearm: More than half of all murders
are committed
by people with prior felony convictions, and once you throw in other
disqualifiers—certain misdemeanors, open criminal cases, domestic-abuse orders,
dishonorable military discharges, fugitive status, illegal alien status, a
finding of mental incompetency, etc.—you end up covering a very large share of
murderers. And, at the risk of sounding like a snoot, most of them aren’t
highly organized people with access to a machine shop. They get their guns the
old-fashioned way: They steal them, buy them illegally, and bully girlfriends
and nephews with clean records into acting as straw buyers. In the case of
straw buyers, tracing might be of some use in a prosecution. In cases such as
the Colorado Springs massacre, tracing isn’t an issue.
It’s true we probably need a better regulatory model for
deciding what constitutes a firearm and for deciding how many gun parts add up
to a gun. It is a genuinely complex regulatory challenge: I have a hunting
rifle that I’ve done a little work on, and there are parts from at least half a
dozen manufacturers that I know of—and this is not an especially highly
modified rifle. Think of how many different companies and supply chains are
involved in the components that make up your car and you’ll have an idea of how
complicated this can be.
Gun-show loophole: This does not actually
exist. A licensed gun dealer has to do everything at a gun show that he would
have to do at a store, and so do his customers. Likewise, a person who is not
professionally in the business of selling firearms is not required to have a license
or to comply with the associated regulations–not at a gun show and not anywhere
else. I can sell you a gun in my kitchen, or I can sell you a gun at a gun
show. Some gun shows are, at least in part, group garage sales for people
looking to reduce their collections and increase their cash in hand. Some gun
shows require that every transaction go through an FFL, and some jurisdictions
put that requirement on gun shows. As I’ve said before, I think there are some
fair questions to be asked about how we determine who is meaningfully in the
business of being a gun dealer, but this is not really something related to gun
shows per se. Gun shows are a big part of the debate for the same reason scary
black rifles are: Some people are creeped out by them. A survey of criminals in
custody found that almost none of those who were armed with a gun at the time
of their crime got that gun at a gun show–and by “almost none” I
mean 0.8 percent.
Hunting and hunting rifles: The Second
Amendment is not about hunting—did you really think they put a country
gentleman’s hobby in the Bill of Rights?—and the suitability of any class of
weapons for the purpose of hunting is entirely immaterial to the gun-rights
debate. That being said, hunting rifles are—by far—the most
powerful firearms typically found in private hands in the United States.
Granddad’s old .30-06 deer rifle is about two-and-a-half times as powerful as
an AR-type rifle firing the common 5.56mm NATO cartridge. When Joe Biden and
others say that nobody uses an AR-15 to hunt, they are absolutely wrong:
AR-style rifles are among the most popular hunting rifles in the United States,
probably the single most popular considering their prevalence in hunting the
smallest game (“varmints” in the Yosemite Sam nomenclature of the hunting
world) along with feral hogs and, increasingly, big game with AR-type rifles
chambered for proper hunting rounds.
Machine gun: A fully automatic weapon, one
that keeps firing as long as the trigger is depressed. You can own these
legally in the United States, provided the firearm was manufactured before 1986
and you are willing to undergo some beady-eyed federal scrutiny. These are
almost never used in homicides—a fully automatic weapon legally owned by a
civilian has been used in one murder since 1934. One additional murder was
perpetrated by a corrupt police officer. A submachine gun is a
machine gun chambered for handgun rounds, e.g., the Thompson submachine gun, or
Tommy gun, which fires the same round as the .45 automatics once issued to U.S.
soldiers. The same rules apply to these as to machine guns, and they are
similarly absent from the crime data of the past century or so.
MSR: That’s “modern sporting rifle,” which is
what people mostly mean when they talk about “AR-15s” or similar designators.
Basically, an MSR is almost any semiautomatic rifle with a detachable box
magazine—by far the most popular kind of long gun sold in the United
States.
Muzzle energy: Scary-looking guns don’t kill
people more effectively than bland-looking ones. There are lots of factors that
go into the lethality of a particular weapon, from bullet design to the skill
of the shooter, but the general standard of a firearm’s power is muzzle energy,
which is calculated the same way as kinetic energy is calculated in any other
context: K.E. = 1/2 m v2. You don’t have to do the math
yourself: There’s
a decent list on Wikipedia, and the most powerful firearms cartridges in
the world are not the ones that come out of AR-type rifles—mostly, they come
out of hunting rifles of the sort you use if your morning agenda includes a
meeting with a Cape buffalo.
NICS: The National Instant Criminal
Background Check System is what we use to screen would-be gun buyers when they
attempt to make a purchase from a licensed dealer, or FFL. A couple of things
about NICS: For one thing, it
isn’t a very good system, because the agencies are supposed to report
disqualifying factors to NICS often fail to do so. The killer in the 2017
Sutherland Springs church massacre in Texas should have been rejected when he
tried to buy the gun he used in that crime, but he wasn’t, because the Air
Force failed to report his criminal conviction in a military court. To prevent
NICS from being used as a back-door ban on gun sales, the FBI has only three
business days to complete a background check (“instant” is a flexible term when
it comes to government work!), and, if it fails to come to a decision during that
time, the dealer may proceed with the sale. Repeat: may—some
dealers do, and some don’t. Every year, some considerable number of buyers are
wrongly approved (estimates vary and the FBI does not seem to be very
forthcoming on this issue) when a NICS delay allows a sale to proceed; when the
wrongful sale is discovered—a bureaucratic snafu on the FBI’s part and a felony
on the buyer’s part—the ATF is supposed to go and at least retrieve the guns,
but, for the most part, they do not prioritize that work. Most of the guns
don’t get recovered because agents decide that it isn’t worth the time, and the
underlying crime almost never gets charged, and by “almost never” I mean
something on the order of 1 in 1,000. According to the GAO, some agents just
send the prohibited buyers a scolding text message and call
it a day—a heck of an outcome for what should be a federal weapons
charge.
Semiautomatic: I don’t know how many times I
have seen a report about semiautomatic rifles accompanied by footage of
somebody blasting away with a machine gun. A semiautomatic rifle fires one
round each time you pull the trigger, like a revolver. One pull, one round. In
some more old-fashioned types of rifles, you have to do something between
shots: The
Rifleman had to work his tricked-out lever, and bolt-action rifles
require you to manually work the mechanism to put the next round into the
chamber. Less deadly? I don’t know: Chris Kyle—the American Sniper—killed
160 people with a variety of mostly bolt-action rifles, while Squeaky Fromme failed to
even nick Gerald Ford with a semiautomatic pistol from about 15 feet. It is
probably worth keeping in mind that both the worst school massacre in U.S.
history and our nation’s deadliest act of homegrown terrorism involved no
firearms at all—those criminals employed explosives.
Silencers: Why would anybody who is not a
professional assassin or some other kind of criminal need a silencer? Spend an
afternoon down at the range and you’ll get it. Silencers—the pedants will
insist on “suppressors,” and the Brits call them “moderators”—in the real world
are not much like they are in the movies. In most cases, a gun outfitted with a
silencer sounds exactly like a gun going off when you fire it.
Many firearms outfitted with silencers are loud enough that you need hearing
protection when you shoot them—they are very loud, but less loud than they
would be otherwise. The most common criterion discussed isn’t “silence,” but
“hearing-safe.” Some hunters put silencers on their rifles because they don’t
want to wear protective earmuffs out in the woods, and some people who shoot a
lot worry about their hearing, even if they are sissies like me who use both
earplugs and earmuffs at the same time. You can get some firearms pretty close
to what silencer aficionados call “Hollywood quiet,”
particularly if you are using small-caliber firearms loaded with special
subsonic ammunition. (Part of the “crack” of a gunshot is a miniature sonic
boom.) This can have some undesirable effect: Slower bullets are more difficult
to aim accurately, they don’t hit the target as hard (fine for paper,
potentially a problem for moose), and they may not produce energy sufficient to
cause a semiautomatic firearm to cycle properly.
The worry about silencers is definitely one of those
culturally specific things. In some European countries, such as France, you can
buy a silencer over the counter, like a wrench—and some shooting ranges
even require them. In the United States, you have to submit
absurd federal paperwork and have the dealer lock the implement in a vault
until Washington gives you the nod, which can take more than a year. (Recent
turnaround times have been faster.) I like suppressors, because I like being
able to hear–though I am tempted to wear my shooting earmuffs when flying
American.
Straw buyers: These are a big factor in how
criminals get guns—people with clean records buy the guns for them, sometimes
for financial gain, sometimes out of loyalty, sometimes because they are
blackmailed or bullied into it. Some of them are victims–girlfriends and family
members of violent criminals who terrorize them into breaking the law–but some
of them are the real bad guys in the story, criminals who make a little extra
money as low-level (or, in some cases, not-so-low-level) gun traffickers. We
almost never prosecute them unless it is part of a bigger, sexier
organized-crime case of the sort that appeals to career-minded
prosecutors.
Suicides: The majority of
gun deaths in the United States are suicides—about
54 percent, according to Pew. This is one piece of evidence among many that
the gun issue is, like the homelessness issue, at root a mental-health issue,
at least to some considerable extent.
Switzerland: If you want an indication of how
much of the American gun problem is an American problem rather than a gun
problem, consider the case of Switzerland, which arms its prime criminal
demographic (men between the ages of 18 and 34) with splendid military weapons,
which many of them keep at home, and which has a robust national shooting
culture and millions of firearms in private hands. It also has a murder rate
of approximately squat. Why? My answer is that Switzerland is full
of Swiss people, and the United States of America is full of Americans—you
know: maniacs.
Uzi: Here is a favorite gun-nut meme:
Before everything was an AR-15, everything was an Uzi. But the Uzi has been downgraded in the popular consciousness. Poor Uzi.
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