What is an Assault Weapon?

What is an “assault weapon”?

Fact: In Title 26 USC (United States Code) Internal Revenue Code there is no mention of, nor description of an “assault weapon”. 

See: https://uscode.house.gov/view.xhtml?path=/prelim@title26/subtitleE/chapter53&edition=prelim

§5845. Definitions

For the purpose of this chapter—

(a) Firearm

The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.

(b) Machinegun

The term “machinegun” means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machinegun, and any combination of parts from which a machinegun can be assembled if such parts are in the possession or under the control of a person.

(c) Rifle

The term “rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge.

(d) Shotgun

The term “shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

(e) Any other weapon

The term “any other weapon” means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

(f) Destructive device

The term “destructive device” means (1) any explosive, incendiary, or poison gas (A) bomb, (B) grenade, (C) rocket having a propellant charge of more than four ounces, (D) missile having an explosive or incendiary charge of more than one-quarter ounce, (E) mine, or (F) similar device; (2) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary finds is generally recognized as particularly suitable for sporting purposes; and (3) any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subparagraphs (1) and (2) and from which a destructive device may be readily assembled. The term “destructive device” shall not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 7684(2), 7685, or 7686 of title 10, United States Code; or any other device which the Secretary finds is not likely to be used as a weapon, or is an antique or is a rifle which the owner intends to use solely for sporting purposes.

(g) Antique firearm

The term “antique firearm” means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(h) Unserviceable firearm

The term “unserviceable firearm” means a firearm which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition.

So, if there is no mention of “assault weapon” within the USC which governs firearms, what exactly is an “assault weapon” and where did the term come from?

That term was created by “anti-gun” enthusiasts with the purpose of confusing, misleading, and creating a category of firearm which could be manipulated or altered outside the purview of the Internal Revenue Service, in other words an unofficial, unsanctioned, ever changing definition of something that does not exist.

Typical descriptions of what an “assault weapon” would be if there were such a thing:

  1. The AR in AR-15 stands for assault rifle. FALSE.

See: https://www.snopes.com/fact-check/meaning-of-ar-in-ar-15-firearm/

  • It looks scary.
  • It has a plastic thing on the barrel.
  • It’s loud like all firearms, but it looks scary.
  • It has a clip. I don’t know what a clip is, but it has one.
  • It can hold multiple rounds.
  • It can be fired quickly.
  • It hurts the shoulder when fired. It is one of the smallest rifle calibers available.
  • You get PTSD when you fire one. That would mean every member of each branch of the military, law enforcement, federal agents would have PTSD.
  • It has a handle. I was told that if a rifle has a handle it becomes an “assault weapon”.

One of the anti-gun crowds “go-to” arguments is that what they refer to as an “assault weapon” can be fired quickly. If that standard was applied to all style of firearms, every firearm available with the exception of single shot and muzzle loading firearms would be categorized as an “assault weapon”.  Example: If any person with an AR-15 style firearm could fire 10 rounds accurately in 10 seconds and it is categorized by the anti-gun activists on Congress as an “assault weapon” because it can be fired rapidly, then any firearm that can fire that quickly would necessarily become an “assault weapon”. Pistol competition shooters routinely fire 10 rounds from semi-automatic pistols in under 4 seconds. Shooters in the Cowboy Action Shooting sport routinely fire 5 rounds from 2 single action revolvers (10 rounds total) in under 6 seconds. Shooters experienced with pump shotguns can fire 6 rounds in under 4 seconds. According to the anti-gun activists, these all could become labeled as “assault weapons”.

Here are some of the arguments high profile anti-gun activists have made:

  1. “It feels like a bazooka — and sounds like a cannon”. “The recoil bruised my shoulder. The brass shell casings disoriented me as they flew past my face. The smell of sulfur and destruction made me sick. The explosions — loud like a bomb — gave me a temporary case of PTSD. For at least an hour after firing the gun just a few times, I was anxious and irritable”.

See: https://americanmilitarynews.com/2016/06/ny-daily-news-reporter-literally-claims-he-got-ptsd-after-firing-ar-15/

The round fired from an AR-15 style firearm is one on the smallest rifle calibers available.

Video of a teenage girl firing a 12 gauge shotgun:

See: https://www.youtube.com/watch?v=UhYxyTIy8SA

A little comparison: An AR-15 fires on average a 55 grain, .22 caliber projectile. A 12 gauge shotgun fires 546.875 grains of shot.  So much for honest and accurate reporting from an anti-gun activist.

  • Sheila Jackson Lee, a Representative in Congress shows the extent to which anti-gun activists will go to push their disarming agenda. Just watch, and then scratch your head…

See: https://www.bing.com/videos/search?q=senator+claims+ar-15+fires+a+50+caliber+bullet&&view=detail&mid=50017A4988B7AA72DC3F50017A4988B7AA72DC3F&rvsmid=DAF6B31B9192AB320820DAF6B31B9192AB320820&FORM=VDRVRV

The AR-15 round uses about 26.5 grains of powder with a .224 inch wide 55 grain bullet, the case is 1.75 inches long. The 50BMG which uses about  220 grains of powder to push a .50 inch wide 655 grain bullet, the case is 3.897 inches long.

  • Another member of Congress doesn’t know what a barrel shroud on an AR-15 style firearm is for, doesn’t know an AR-15 style firearm does not use a “clip”. 

See: https://www.youtube.com/watch?v=balw6zrvF-8

Nevertheless, she introduces a Bill that that would ban a style firearm for having a barrel shroud, a protective cover around the barrel which protects the shooter from burning a hand once the barrel heats up after firing. Evidently, safety has become an assault issue??

As for the “clip”, I think she has watches too many WWII movies and needs an upgrade in the war movies she watches.

Just a thought; if politicians knowingly violate Title 26 USC by attempting to create a category of firearm they can manipulate in an effort to deny We the People our ability to own firearms, wouldn’t the be an unauthorized change to government Code punishable by purporting an unauthorized change in Title 26 USC to be factual and enforceable?

The Chuck and Nancy Review

Come and listen to my story ‘bout Chuck and Nan
Out to make a buck any way that they can
They’ll sell out a city, a county or a state
Or even our own country, make no mistake

They bring in cartel outlaws to do their very worst
Beatings, rapes and murders with Holder’s guns of course
Give votes to illegal immigrants who get paid a handsome fee
To lie and steal our tax dollars so they get stuff for free

I heard from one who heard from one who knows what’s going down
They’re getting hands on Soros bucks to grind us in the ground
They’ve told so many boners they can’t keep nothin’ straight
So they keep out all us taxpayers with walls and guarded gates

I applaud those of the movement who have chose to #WalkAway
Dem’s numbers are regressing and conservatives are blown away
Their actions give us hope that maybe all is not yet lost
But while they grasp at plastic straws they’re running up a mega cost

To all you whacked out voters who want everything for free
Pull your head out of your butt cause there ain’t no money tree
When you file that W4 ole Chuck and Nan are sure to know
When you can’t buy beer or pizza you’ll wonder where’d your money go

The Cycle

A fog
thick… billowing… engulfing a nation
hiding from many that which is
teasing swirls of uncertainty beckon
unclear in shape and content
only to disappear back into the grey
leaving the child within them to interpret
that which was not there

Puffs of incoherence coalesced
a new abstract born of vapor…
there one instant and gone the next
bowing to a breeze, or
destroyed by the light of day exposing
that born in the dark…
that born from vapor returns to vapor
to engulf those who cannot see
through the fog they create

The Book

Seems to be ever more relevant today than in 2012…


Old Book

I can still see it
in this old man’s mind’s eye…
even after the great cleansing
the picture burns brightly
every story told contained within…
so large it was.

I remember the burnings;
and those that would protect it
would burn also.
They called it “The Enlightening”…
thoughts controlled, and words unliked
removed from common intercourse
it… being the source of knowledge…

New words acceptable to the Learned
now control us…
our native tongue infected;
we can no longer express that which we think.
Silence has given way to a term long forgotten
but kindred to its former use
as we flock to the speak-easy
where those of old
share wisdom long since vanquished…
sharing words forgotten…

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For Pat

Time for me to slow down and take in
… a deep breath
So many distractions I have constructed
but there is only so much room and time…
my cup overflows leaving tracks…
stains of unfinished tasks running down my shirt

Time to break the cup and let
the waters of distraction drain away
What is left behind…
those things of importance
to be picked up and protected…
Time for… us

One Way Ticket

Wisps of incoherence seek refuge in
empty caldrons
new and untainted
free of scratches and dents
absent the scaring of rusty thought

A canvas awaits
ideas to be absorbed in permanence
someone else’s ideas anchor
the canvas to hold them as truths
for its life cycle

Empty spaces filled and
new track laid with followers held
to pre-determined paths
windblown sands hide remnants
of those who escaped the yoke

The Journalist’s Playground

Wallowing in the information abyss
Children playing in alphabet soup
A splattering of letters mixes with
Never changing streams of thought
Slipping away before they congeal
Leaving nothing of value
In their wake

Half truths, no truths, twisted words
Purveyors grasping for pieces
Hoping a length of tape
Can hold these fragments as one
Long enough to garner
Admiration and respect
And then they are gone

Segments reappear with
Signs of wear as each attempted use
Peels the shine of potential
Brilliance from each letter and word
The newness gone
Admiration and respect wane
And players pray for a new batch

A Shooting Star

A shooting star
one in a million
a moment in time
bright and beautiful
making all around it
pale in comparison
as it burns into memory

Each sighting…
a place… a time
each one bringing back
all that came before
bringing a smile
as special times remembered
never to be forgotten
one in a million

mom… you are my shooting star

Waiting to Exhale

I breathe deeply
filling my lungs to capacity with life
so good is it I want to take in more
keeping every memory locked within
so much stored inside I feel I shall explode

My addiction to life is overpowering
my life already so full yet
I struggle to take in more
life pumped through my veins
my drug of choice

So much I have seen and done
two life time’s worth in so short a time
countries seen, jobs done, people known… tranquil my life
I shall hold my breath until my time is done
Waiting to exhale; my life set free.