How State Laws Allowed Military-Style Guns Used in Dayton and El Paso Shootings
22 people were killed when a shooter in El Paso, Tex., opened fire with this gun:
Semi-automatic
Kalashnikov-style rifle
Standard magazine
A typical Kalashnikov
magazine holds 30 rounds
Semi-automatic
Kalashnikov-style
rifle
Standard magazine
A typical Kalashnikov
magazine holds 30 rounds
Nine people were killed within 30 seconds when a shooter in Dayton, Ohio, opened fire with this gun:
AR-style pistol
Modified to act as a rifle
Drum magazine
Can hold up to 100 rounds
AR-style pistol
Modified to act as a rifle
Drum magazine
Can hold up to 100 rounds
In Texas and Ohio, it’s legal to buy military-style firearms, use them with large-capacity magazines and carry them in public with a permit.
Gun laws vary from state to state, but more often than not, states do not restrict the type of military-style weapons and large-capacity magazines that were used in two mass shootings over the weekend.
In both shootings, the weapons were acquired legally.
In Ohio and Texas, there is no ban on the type of military-style rifles that are often used in mass shootings. These types of semi-automatic weapons let gunmen fire rapidly, as quickly as they can pull the trigger, allowing an active shooter to kill a lot of people quickly.
“A normal individual seeing that type of weapon might be alarmed, but technically it was in the realm of the law,” Greg Allen, the El Paso police chief, told reporters.
Only six states and the District of Columbia have enacted bans on military-style weapons. Many cities, including Dayton, ban these types of weapons.
States that allow military-style rifles
Ohio
Tex.
The Dayton gunman bought his AR-style weapon online and had it shipped from Texas to a gun store in Ohio, where he picked it up, according to the Dayton Police Department. The weapon was modified with a brace to improve stability, which means that it functioned identically to a short-barreled AR-style rifle. The modification was legal, according to the Police Department.
Mass shooters have also circumvented state law by traveling to neighboring states with fewer gun restrictions to purchase weapons, or by making small modifications to other legal weapons.
The gunman who killed three people in Gilroy, Calif., in July traveled to Nevada to buy his military-style rifle, which was configured in a way that is illegal in California.
In both states, large-capacity magazines are allowed.
Both gunmen appeared to use magazines that can hold at least 30 rounds of ammunition, the standard capacity for assault rifles used by military personnel as well as many semi-automatic military-style rifles used by civilians. These magazines allow for shooters to fire a large number of bullets without having to reload.
“This type of high-volume fire is really originally contemplated for a battlefield,” said Laura Cutilletta, managing director at the Giffords Law Center to Prevent Gun Violence. “They can kill huge numbers of people in such a short time.”
In states like Texas and Ohio, these weapons can be legally configured to quickly swap out magazines — allowing someone to continue firing another 30 (or 100) rounds in short order.
Only eight states and the District of Columbia have laws that restrict the capacity of magazines, most limiting them to 10 to 15 rounds, depending on the state.
States that allow large-capacity magazines for rifles
Ohio
Tex.
The Dayton gunman had a drum magazine that can carry up to 100 rounds of ammunition, and he had enough magazines with him in total to hold up to 250 rounds. He open fired and killed nine people and injured 27 others in the span of 30 seconds before the police shot him down, according to the Dayton Police Department.
In both states, carrying rifles in public is allowed.
While a lot of states have bans or restrictions on carrying firearms in public, only six states and the District of Columbia generally prohibit openly carrying rifles.
States that allow open carry of rifles
Ohio
Tex.
After the mass shooting in Parkland, Fla., in 2018, the number of new state gun laws rose sharply, including new restrictions on concealed-carry and magazine capacity. But even if you live in a state with strict gun laws, the current patchwork of state regulations means that military-style weapons with large-capacity magazines can still be purchased in a neighboring state.