Brody's Notes... Salon Magazine: Weapon In Rampage Was Banned Under Clinton-Era Law

By Brody Levesque (Washington DC) JAN 10 | Salon magazine has reported that the now-expired assault weapons ban made it illegal to make the type of magazine used in the Giffords shooting:

The high-capacity magazine of the semiautomatic pistol used in the shooting of Rep. Gabrielle Giffords and more than a dozen other people on Saturday would have been illegal to manufacture and difficult to purchase under the Clinton-era assault weapons ban, which expired in 2004.

According to police and media reports, the alleged shooter, Jared Lee Loughner, legally purchased a semiautomatic Glock 19 with a high-capacity magazine in November at a gun store in Tucson. Under the assault weapons ban, it was illegal to manufacture or sell new high-capacity magazines, defined as those that hold more than 10 rounds. The magazines used by Loughner had 31 rounds each, according to police.

If Loughner had been using a traditional magazine, "it would have drastically reduced the number of shots he got off before he had to pause, unload and reload -- and he could have been stopped," Daniel Vice, senior attorney at the Brady Center to Prevent Gun Violence, tells Salon.

Between 1994 and 2004 when the assault weapons ban was in effect, gun manufacturers such as Glock could not market handguns with high-capacity magazines. If the ban were still in effect, it's less likely that Loughner could have obtained a gun with a high-capacity magazine. Stores could legally only sell used high-capacity magazines at that time, and new magazines could not be manufactured.

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