Federal Assault Weapons Ban
The Public Safety and Recreational Firearms Use Protection Act, popularly known as the Federal Assault Weapons Ban, was subtitle A of title XI of the Violent Crime Control and Law Enforcement Act of 1994, a United States federal law which included a prohibition on the manufacture for civilian use of certain semi-automatic firearms that were defined as assault weapons as well as certain ammunition magazines that were defined as large capacity.
The 10-year ban was passed by the U.S. Congress on August 25, 1994, and was signed into law by President Bill Clinton on September 13, 1994. The ban applied only to weapons manufactured after the date of the ban's enactment. It expired on September 13, 2004, following its sunset provision. Several constitutional challenges were filed against provisions of the ban, but all were rejected by the courts. There have been multiple attempts to renew the ban, but none have succeeded.
Research regarding the effects of the ban is limited and inconclusive. There is insufficient evidence to determine the effectiveness of the ban on reducing the overall homicide rate as well as the total firearm homicide rate. The ban was in effect for a limited period and the vast majority of homicides are committed with weapons which were not covered by the FAWB. There is, however, some evidence that the ban reduced fatalities and injuries from mass shootings, as weapons considered "assault weapons" are more frequently used for those crimes.
Background
Efforts to create restrictions on assault weapons at the federal government level intensified in 1989 after the shooting of a teacher and 34 children, five of whom died, in Stockton, California, with a semi-automatic Kalashnikov-pattern rifle. The Luby's shooting in October 1991, which left 23 people dead and 27 wounded, was another factor. The July 1993 101 California Street shooting that killed eight people and wounded six, also contributed to the passage of the ban. Two of the three firearms he used were TEC-9 semi-automatic handguns with Hell-Fire triggers. The ban tried to address public concerns about mass shootings by restricting firearms that met the criteria for what it defined as a "semiautomatic assault weapon," as well as magazines that met the criteria for what it defined as a "large capacity ammunition feeding device".In November 1993, the proposed legislation passed the U.S. Senate. The bill's author, Dianne Feinstein and other advocates said that it was a weakened version of the original proposal. In May 1994, former presidents Gerald Ford, Jimmy Carter, and Ronald Reagan, wrote to the U.S. House of Representatives in support of banning "semi-automatic assault guns". They cited a 1993 CNN/USA Today/Gallup Poll that found 77 percent of Americans supported a ban on the manufacture, sale, and possession of such weapons.
US Representative Jack Brooks, then chair of the House Judiciary Committee, tried unsuccessfully to remove the assault weapons ban section from the crime bill. The National Rifle Association of America opposed the ban. In November 1993, NRA spokesman Bill McIntyre said that assault weapons "are used in only 1 per cent of all crimes", without acknowledging that crimes involving assault weapons are known to be far deadlier on a per-incident basis. The low usage statistic was supported in a 1999 Department of Justice brief.
The legislation passed in September 1994 with the assault weapon ban section expiring in 2004 due to its sunset provision.
Provisions
The Public Safety and Recreational Firearms Act was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. The prohibitions expired on September 13, 2004.The Act prohibited the manufacture, transfer, or possession of "semiautomatic assault weapons", as defined by the Act. "Weapons banned were identified either by specific make or model, or by specific characteristics that slightly varied according to whether the weapon was a pistol, rifle, or shotgun". The Act also prohibited the manufacture of "large capacity ammunition feeding devices" except for sale to government, law enforcement or military, though magazines made before the effective date were legal to possess and transfer. An LCAFD was defined as "any magazine, belt, drum, feed strip, or similar device manufactured after the date that has the capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition."
The Act included several exemptions and exclusions from its prohibitions:
- The Act included a "grandfather clause" to allow for the possession and transfer of weapons and ammunition that "were otherwise lawfully possessed on the date of enactment".
- The Act exempted some 650 firearm types or models which would be considered manufactured in October 1993. The list included the Ruger Mini-14 Auto Loading Rifle without side folding stock, Ruger Mini Thirty Rifle, Iver Johnson M-1 Carbine, Marlin Model 9 Camp Carbine, Marlin Model 45 Carbine, and others. The complete list is in section 110106, Appendix A to section 922 of Title 18. This list was non-exhaustive.
- The Act "also exempted any firearm that is manually operated by bolt, pump, lever, or slide action; has been rendered permanently inoperable; or is an antique firearm".
- The Act "also did not apply to any semiautomatic rifle that cannot accept a detachable magazine that holds more than ten rounds of ammunition or semiautomatic shotguns that cannot hold more than five rounds of ammunition in a fixed or detachable magazine." Tubular magazine fed rimfire guns were exempted regardless of tubular magazine capacity.
- The Act provided an exemption for the use of "semiautomatic assault weapons and LCAFDs to be manufactured for, transferred to, and possessed by law enforcement and for authorized testing or experimentation purposes" as well as transfers for federal-security purposes under the Atomic Energy Act and "possession by retired law enforcement officers who are not otherwise a prohibited possessor under law".
Definition of assault weapon
Under the Assault Weapons Ban of 1994, the definition of "semi-automatic assault weapon" included specific semi-automatic firearm models by name and other semi-automatic firearms that possessed two or more from a set certain features:Image:Zastava M70AB2 with folded stock Hunter la5.JPG|right|thumb|upright=1.4|A semi-automatic Yugoslavian M70AB2 rifle
Image:kg99.jpg|right|thumb|upright=1.4|An Intratec TEC-9 Mini with 32-round magazine; a semi-automatic pistol formerly classified as an assault weapon under federal law
- Semi-automatic rifles able to accept detachable magazines and has two or more of the following:
- *Folding or telescoping stock
- *Pistol grip
- *Bayonet mount
- *Flash hider or threaded barrel designed to accommodate one
- *Grenade launcher
- Semi-automatic pistols with detachable magazines and two or more of the following:
- *Magazine that attaches outside the pistol grip
- *Threaded barrel to attach barrel extender, flash suppressor, hand grip, or suppressor
- *Barrel shroud safety feature that prevents burns to the operator
- *A manufactured weight of 50 ounces or more when the pistol is unloaded
- *A semi-automatic version of a fully automatic firearm
- Semi-automatic shotguns with two or more of the following:
- *Folding or telescoping stock
- *Pistol grip
- *A fixed magazine capacity over 5 rounds
- *Detachable magazine
| Name of firearm | Pre-ban federal legal status |
| Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs | Imports banned in 1989* |
| Action Arms Israeli Military Industries Uzi and Galil | Imports banned in 1989* |
| Beretta AR-70 | Imports banned in 1989* |
| Colt AR-15 | Legal |
| Fabrique National FN/FAL, FN-LAR, FNC | Imports banned in 1989* |
| SWD M-10, M-11, M11/9, M12 | Legal |
| Steyr AUG | Imports banned in 1989* |
| INTRATEC TEC-9, TEC-DC9, TEC-22 | Legal |
| Revolving cylinder shotguns such as the Street Sweeper and Striker 12 | Legal |