First, I'd define what an assault rifle is as a selective-fire rifle (meaning machine gun) that uses an intermediate cartridge and a detachable magazine. As I would include full auto "pistols" in the above definition if they use an intermediate cartridge but do not meet the legal definition of rifle as they would still be lumped in the category of machine guns, regardless of length.
As for assault weapon, that would be any kind of weapon you could assault someone with.
What you are really asking for is how I would define the category of semi-auto weapons typically considered most dangerous. Unfortunately I don't think that is possible as no matter where I draw the line on dimensions, capacity or any other factor, it could still be avoided by a slight change.
For example, you talked about having a fixed magazine, we that didn't work in California as it was easily worked around by the Bullet Button. Change the law to outlaw the Bullet Button, the next day the Bullet Button Reloaded was available.
Even if you made it so the magazine didn't come out, you would still need an arbitrary magazine limit or you would get something like this...
[link:
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That is a helical rotary magazine that holds 100 rounds.
Look at New York. There they passed an AW ban but since that is just a made up media term and can't really be defined, it didn't take long for New York AW ban compliant guns to make it back into the market (though they look a bit weird).
While I don't like to give my personal opinion, I think the bottom line is either you ban everything or nothing as everything else is just useless regulation and a waste of time that only causes more gun sales and more gun profits as people buy up stuff before it is banned then buy the new stuff to get around the ban.
Want to have a heart attack? Check out this link.
[link:http://www.store.silencerco.com/products/maxim-50|]
That is a 50 caliber rifle with built in silencer but guess what, it is available by mail with no paperwork and no background check. (Note: buying a gun over the internet still requires it be sent to a local dealer who then does the paperwork and background check)
How is it possible the gun linked above is totally unrestricted? Well for starters, it isn't a gun. Under the law, guns are only modern weapons and that gun is a muzzle loader and counts as an antique. Also, the silencer isn't legally a silencer either as silencers can be mounted on guns while a silencer mounted on anything else is just a muffler, like on your car. As that muzzle loader isn't a gun and the silencer can't be removed as it is welded on, then it isn't a silencer. Since it isn't a gun or a silencer, then it is legal to sell like a hammer or any other tool.
Trying to define AW is like squeezing a balloon. You won't make the balloon smaller, it just puffs out where you aren't pressing.
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