House Bill 1292; fabrications abound in unconstitutional 'assault weapon' ban
(Editor's note: The following is written testimony of David B. Kopel on Colorado House Bill 24-1292, which would prohibit numerous types of firearms in Colorado, submitted to the Colorado House Judiciary Committee.)
Some of the factual findings of HB24-1292 are fabrications, as will be described in Part I. The bill's list of features that supposedly define an "assault weapon" are mostly features that improve accuracy, as will be detailed in Part II. Part III explains how local laws like HB24-1292 have already been held unconstitutional by several judges in the Tenth Circuit, appointed by Presidents Biden and Obama.
According to the Congressional Research Service, so-called "assault weapons" are used in fewer than 10% of mass shootings. Although the California legislature banned "assault weapons" in 1989, the people of California today suffer from over one mass shooting per week.
HB24-1292 prohibits firearms with certain features, such as stocks that can be adjusted to fit the user's arm length...
The bill itself refutes its own malicious lie, as the prohibition does not apply to "a peace officer."...
The California general assembly enacted the nation's first "assault weapons" ban in 1989 and has expanded the ban many times. California has an average of more than one mass shooting per week...
HB24-1292 has nothing to do with gun safety and public safety, Instead, it is simply a big first step towards the objective of the Giffords lobby; in Ms. Giffords' words, "No More Guns. Gone."...
HB24-1292 denounces "assault weapons" for: PROVIDING EASE OF USE FOR LESS THAN EXPERT USERS in 18-12-601(1)(h).
According to the bill, persons who are "less than expert users" should not have "ease of use." Such contempt for constitutional rights!...
The bill's definition of "assault weapon" focuses primarily on outlawing features that make firearms more accurate. It is hard to understand how the bill's sponsors believe that they are improving public safety by making firearms less accurate, thereby increasing the risks of stray shots that could hit a bystander...
In 2022, three municipalities in Boulder County, plus the Boulder County Commissioners passed "assault weapon" laws similar to HB-1242. In all four cases, the enforcement of the bans has been halted by a preliminary court order, pending full trial...
HB24-1292 is self-refuting. Its stated purpose is to prevent "ease of use," making firearms use difficult for non-experts. The stated purpose is obviously unconstitutional and disdainful of lawful self-defense...
With reckless disregard for public safety, the bill's only real purpose is a big step towards lobbyists' goal of banning all guns.
Purchase, sale and transfer of so-called assault weapons would be banned in Colorado under new bill - House Bill 1292 is similar to a measure that was rejected in the legislature last year. It faces unlikely political odds at the Capitol, even though it's controlled by Democrats, The Colorado Sun, 13 February 2024.
The Truth About So-Called "Assault Weapons", NRA-ILA:
Gun control advocates adopted the term “assault weapon” from the military in an effort to deliberately confuse the public and advance the political cause of gun control. They now use it to mischaracterize a broad range of firearms used by law-abiding civilians.
The origin of "assault weapon" stems from the term "assault rifle," which the U.S. Army defines explicitly as a selective-fire rifle chambered for a cartridge of intermediate power. The term “assault rifle” only applies to automatic firearms rather than the semi-automatic firearms that gun control advocates are focused on banning today.
The key difference is that semi-automatic firearms, such as AR-15s, only fire a single round each time the trigger is pulled. Automatic firearms - including military assault rifles - discharge continually when the trigger is pulled. Although they are often used in the Armed Services, these firearms are not readily available for sale to the general public. To purchase a fully-automatic firearm requires an extensive FBI background check including fingerprints and photographs, as well as registration of the firearm at the federal level.
However, gun control advocates refer to semi-automatic and fully automatic firearms interchangeably - in a deliberate effort to confuse voters and advance their broad agenda...
There is no swifter route to the corruption of thought than through the corruption of language."
