WASHINGTON —
The National Rifle Association is using a Justice Department memo it obtained to argue in ads that the Obama administration believes its gun control plans won't work unless the government seizes firearms and requires national gun registration — ideas the White House has not proposed and does not support.
The NRA's assertion and its obtaining of the memo in the first place underscore the no-holds-barred battle under way as Washington's fight over gun restrictions heats up.
The memo, under the name of one of the Justice Department's leading crime researchers, critiques the effectiveness of gun control proposals, including some of President Barack Obama's. A Justice Department official called the memo an unfinished review of gun violence research and said it does not represent administration policy.
The memo says requiring background checks for more gun purchases could help, but also could lead to more illicit weapons sales. It says banning assault weapons and high capacity ammunition magazines produced in the future but exempting those already owned by the public, as Obama has proposed, would have limited impact because people now own so many of those items.
It also says that even total elimination of assault weapons would have little overall effect on gun killings because assault weapons account for a limited proportion of those crimes.
The nine-page document says the success of universal background checks would depend in part on "requiring gun registration," and says gun buybacks would not be effective "unless massive and coupled with a ban."
The administration has not proposed gun registration, buybacks or banning all firearms. But gun registration and ownership curbs are hot-button issues for the NRA and other gun-rights groups, which strenuously oppose the ideas.
Justice Department and White House officials declined to provide much information about the memo or answer questions about it on the record.
The memo has the look of a preliminary document and calls itself "a cursory summary" and assessment of gun curb initiatives. The administration has not release it officially.
But the NRA has posted the memo on one of its websites and cites it in advertising aimed at whipping up opposition to Obama's efforts to contain gun violence. The ad says the paper shows that the administration "believes that a gun ban will not work without mandatory gun confiscation" and thinks universal background checks "won't work without requiring national gun registration" — ideas the president has not proposed or expressed support for.
"Still think President Obama's proposals sound reasonable?" Chris W. Cox, the NRA's chief Washington lobbyist, says in the ad.
Last month, White House spokesman Jay Carney said none of Obama's proposals "would take away a gun from a single law-abiding American." Other administration officials have said their plans would not result in gun seizures or a national gun registry.
A Justice Department official who would only discuss the issue on condition of anonymity said the NRA ad misrepresents Obama's gun proposals and that the administration has never backed a gun registry or gun confiscation.
While the memo's analysis of gun curb proposals presents no new findings, it is unusual for a federal agency document to surface that raises questions about a president's plans during debate on a high-profile issue such as restricting firearms.
Obama wants to ban assault weapons and ammunition magazines exceeding 10 rounds that are produced in the future. He wants universal background checks for nearly all gun purchases. Today, checks are only mandatory on sales by federally licensed gun dealers, not transactions at gun shows or other private sales.
His plan also includes tougher federal laws against gun trafficking and straw purchases, which occur when a person legally buys a firearm but sells it to a criminal or someone else barred from owning a weapon.
Interest in the gun issue has intensified since the December shootings in Newtown, Conn., that killed 20 first-graders and six staffers at an elementary school. The Democratic-led Senate Judiciary Committee plans to write legislation addressing some of Obama's proposals in the next week or two.
The NRA's Cox declined to say how his organization obtained the memo.
He said the commercial is running online in 15 states, including many Republican-leaning states where Democrats will defend Senate seats next year, such as Alaska, Arkansas, Louisiana, Montana, North Carolina, South Dakota and West Virginia. There are also ads in papers in five states.
The memo was written under the name of Greg Ridgeway, acting director of the National Institute of Justice, the Justice Department's research arm. It is dated Jan. 4, nearly two weeks before Obama announced his plan for restricting guns, and Ridgeway's first day as acting chief.
Justice Department officials said Ridgeway was not granting interviews. He came to the institute last July from the RAND Corporation, a nonprofit research institution where he studied criminal justice issues, and has a Ph.D. in statistics.
The memo says straw purchases and gun thefts are the largest sources of firearms used in crimes, and that such transactions "would most likely become larger if background checks at gun shows and private sellers were addressed."
Gun control supporters said the NRA ad and the Justice memo don't mention that the current federal background check system blocked gun sales to 2.1 million criminals and others barred from owning guns between 1994, when the checks began, and 2010. Also ignored is that Obama has proposed cracking down on straw purchases to prevent a growth in illegal transactions, they said.
Advocates of restricting guns also said the memo omitted mention of several studies that affirm the effectiveness of firearms curbs. These include a 2010 police group analysis showing more than one-third of police departments found increased criminal use of assault weapons and high-capacity magazines since the 2004 expiration of the ban on those items.
"It doesn't appear to be a serious discussion of gun violence prevention policy, never mind an expression of administration policy," said Joshua Horwitz, executive director of the Coalition to Stop Gun Violence.
The memo says that out of 11,000 annual gun homicides, an average of 35 deaths yearly are from mass shootings, defined as those with four or more victims.
"Policies that address the larger firearm homicide issue will have a far greater impact even if they do not address the particular issues of mass shootings," it says.
It says there were an estimated 1.5 million assault weapons before the 10-year ban on those firearms began in 1994, so their sheer number would weaken a new ban exempting existing weapons. Such guns accounted for just 2 percent to 8 percent of crimes before the 1994 ban, so eliminating assault weapons "would not have a large impact on gun homicides," the memo said.
Recent data on the assault weapons ban impact is scarce because since the 1990s, Congress has blocked most federal research on the effect that firearms have on public health. As part of the gun restrictions Obama proposed last month, he ordered federal scientific agencies to research gun violence.
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Online:
White House: http://www.whitehouse.gov/issues/preventing-gun-violence
National Rifle Association: http://home.nra.org
Copyright The Associated Press
Comment
What's an asult weapon anyways? Gloss Glossary
WASHINGTON — Even Americans who have never touched a gun are probably familiar with the looks and names of a few — the military M16, the action-movie's Uzi, the historic Colt .45. The terms thrown around in the national debate over gun control can be harder to fathom.
What's a high-capacity magazine? Which guns are "military style"? Why would a person use an assault weapon?
A primer on some key terms in the debate over President Barack Obama's gun-control proposals:
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SEMI-AUTOMATICS
There are all sorts of semi-automatics — they can be pistols, rifles or shotguns — and they are popular sellers. They fire a bullet each time the trigger is pulled, with no need to manually move the next round into the firing chamber. That means they can fire again as fast as a person can release and pull the trigger, so long as the gun's got more ammunition at the ready. Semi-automatic weapons are popular with hunters, sport shooters and gun enthusiasts.
The sale and manufacture of some semi-automatics deemed to be "assault weapons" was banned for a decade. That law expired in 2004.
The shooters used semi-automatic rifles in the Aurora, Colorado. movie theater attack in July that killed 12 people and injured 70 and in the slaying of 20 children and six adults at a Connecticut elementary school in December.
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FULL AUTOMATICS
They are on the battlefield and show up in action movies, but fully automatic weapons aren't common among civilians in the United States.
While a semi-automatic can fire one bullet per trigger pull, an automatic keeps firing bullets as long as the trigger is pulled once. Full automatics range from the Prohibition-era machine guns used by gangsters and federal agents to modern rifles, pistols or shotguns.
Sales of full automatics are restricted by federal law — buyers need a special permit from the Bureau of Alcohol, Tobacco, Firearms and Explosives. That requires an extensive background check and paying a $200 tax. Some states and local governments prohibit private ownership of full automatics.
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ASSAULT WEAPONS
In 1994, Congress passed and President Bill Clinton signed into law a ban on some semi-automatic rifles and handguns that were deemed "assault weapons." Defining the term was tricky then and remains controversial today.
Under that now-expired law, some new guns were banned by name, including the Uzi, the AK-47 and the Colt AR-15, which is similar to the military's standard issue M16.
The law also covered some other semi-automatic rifles that are used with detachable magazines — devices that hold ammunition and feed the bullets into the firing chamber automatically. Such rifles were banned only if they had two or more additional characteristics listed in the law, such as a folding stock or a pistol grip.
Guns already sold to buyers before the ban were exempt and could be resold. Meanwhile, manufacturers skirted the ban by producing similar guns under new names or making minor design changes, such as removing a bayonet mount.
Obama says he wants Congress to ban what he calls "military-style assault weapons," but he hasn't defined the term, so it's unclear which guns would be covered. He describes his plan as reinstating and strengthening the 1994 assault weapon law.
That 1994 law, however, wouldn't have covered the military-looking Bushmaster .223 rifles used in the Aurora, Colorado, and Newtown, Connecticut, shootings, had it still been in place in 2012. The old law did apply to another aspect of those shootings — high-capacity magazines.
Why would a person use an assault weapon? They are considered by some people to be fun to shoot; they can be used for hunting, depending on the weapon and the size of the animal; and because they resemble military rifles they can appear particularly menacing when used for personal defense or home protection.
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HIGH-CAPACITY MAGAZINE
Obama wants to reinstate the ban on sales of new high-capacity magazines, defined as those that hold more than 10 rounds of ammunition.
These magazines allow a shooter using a semi-automatic weapon like the Bushmaster .223 to fire more bullets before pausing to reload. Police said Connecticut school attack suspect Adam Lanza had several 30-round magazines with him. In the Colorado theater attack, police have said suspect James Holmes used a 100-round drum magazine.
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GUN OWNERS
More than a third of Americans — 36 percent — say someone in their household owns a gun, according to an Associated Press-GfK poll conducted Jan. 10-14.
Millions use guns for hunting, sport and target shooting. Hunting guns include an array of shotguns and rifles of various types and sizes, including semi-automatics and the traditional bolt-action rifles. The prey and a hunter's personal preference determine the weapon and the kind of ammunition used.
Some people keep guns solely for protection. Carrying a concealed handgun is legal in every state but Illinois under certain conditions; for example, the gun owner might need to pass a background check first. Some states require safety classes. Some state and local laws, including in California and New York, make it difficult if not impossible to get a license to carry a concealed weapon. Illinois law bans carrying concealed weapons, but a federal appeals court overturned that law in December. The ruling is likely to be appealed.
Federal laws prevent the government from tracking how many guns are sold every year and who buys them, so there are no definitive statistics.
Roughly 310 million guns were owned or available for sale in the United States in 2009, according to a study by the nonpartisan Congressional Research Service. That's about 114 million handguns, 110 million rifles and 86 million shotguns.
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BACKGROUND CHECKS
Federal law requires anyone who buys a gun from a licensed dealer to submit to a background check. Convicted criminals and people who have been declared by a judge to be "mentally defective" are among those barred from buying a gun.
The Brady Campaign to Prevent Gun Violence says as many as 40 percent of all gun sales are completed without a background check. That's because sales between private gun owners and sales at gun shows are exempt under federal law.
Only California and Rhode Island require background checks for sales between private sellers and buyers. Colorado, Illinois, New York and Oregon require background checks for all sales at gun shows. Three other states, Connecticut, Maryland and Pennsylvania, require such reviews for handgun sales.
Obama has proposed a federal law requiring universal background checks for every gun sale.
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SECOND AMENDMENT
It's the U.S. Constitution's Second Amendment that guarantees the right to "keep and bear arms."
The actual text reads: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." What that means has been debated and argued for decades.
The Supreme Court in 2008 ruled that Americans have a right to firearms, regardless of whether they serve in a militia. The justices also have signaled that some gun regulations could survive legal challenges, but they haven't resolved which ones are permissible.
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