Federal assault weapons ban
Encyclopedia
The Federal Assault Weapons Ban (AWB) (or Public Safety and Recreational Firearms Use Protection Act) was a subtitle of the Violent Crime Control and Law Enforcement Act of 1994
Violent Crime Control and Law Enforcement Act
The Violent Crime Control and Law Enforcement Act, , , was an act of Congress dealing with crime and law enforcement that became law in 1994. It is the largest crime bill in the history of the US at 356 pages and will provide for 100,000 new police officers, $9.7 billion in funding for prisons and...

, a federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...

 in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 that included a prohibition on the manufacture for civilian use of certain semi-automatic
Semi-automatic firearm
A semi-automatic, or self-loading firearm is a weapon which performs all steps necessary to prepare the weapon to fire again after firing—assuming cartridges remain in the weapon's feed device or magazine...

 firearms, so called "assault weapon
Assault weapon
Assault weapon is a non-technical term referring to any of a broad category of firearms with certain features, including some semiautomatic rifles, some pistols, and some shotguns. There are a variety of different statutory definitions of assault weapons in local, state, and federal laws in the...

s". There was no legal definition of "assault weapons" in the U.S. prior to the law's enactment. The 10-year ban was passed by Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

 on September 13, 1994, and was signed into law by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

 the same day. The ban only applied to weapons manufactured after the date of the ban's enactment.

The Federal Assault Weapons Ban expired on September 13, 2004, as part of the law's sunset provision
Sunset provision
In public policy, a sunset provision or clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law...

. There have been multiple attempts to renew the ban, but no bill has reached the floor for a vote.

Definition of assault weapon

Note: there are differing definitions of 'assault weapon' that are listed at Assault weapon
Assault weapon
Assault weapon is a non-technical term referring to any of a broad category of firearms with certain features, including some semiautomatic rifles, some pistols, and some shotguns. There are a variety of different statutory definitions of assault weapons in local, state, and federal laws in the...

. This page refers to the usage in the United States under the previous and proposed assault weapon bans.

Assault weapon
Assault weapon
Assault weapon is a non-technical term referring to any of a broad category of firearms with certain features, including some semiautomatic rifles, some pistols, and some shotguns. There are a variety of different statutory definitions of assault weapons in local, state, and federal laws in the...

 refers primarily (but not exclusively) to firearms that had been developed from earlier fully automatic firearms into semi-automatic civilian-legal versions. Semi-automatic firearms, when fired, automatically extract the spent cartridge casing and load the next cartridge into the chamber, ready to fire again; they do not fire automatically like a machine gun, rather, only 1 round is fired with each trigger pull.

In the former U.S. law, the legal term assault weapon included certain specific semi-automatic firearm models by name (e.g., Colt AR-15
AR-15
The AR-15 is a lightweight, 5.56 mm, air-cooled, gas-operated, magazine-fed semi-automatic rifle, with a rotating-lock bolt, actuated by direct impingement gas operation. It is manufactured with the extensive use of aluminum alloys and synthetic materials....

, TEC-9
Intratec TEC-DC9
The Intratec TEC-DC9 is a blowback-operated, semi-automatic firearm, chambered in 9×19mm Parabellum, and classified by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives as a handgun. Designed by Intratec, an American offshoot of Interdynamic AB, it is made of inexpensive molded polymers...

, non-automatic AK-47
AK-47
The AK-47 is a selective-fire, gas-operated 7.62×39mm assault rifle, first developed in the Soviet Union by Mikhail Kalashnikov. It is officially known as Avtomat Kalashnikova . It is also known as a Kalashnikov, an "AK", or in Russian slang, Kalash.Design work on the AK-47 began in the last year...

s produced by three manufacturers, and Uzis) and other semi-automatic firearms because they possess a minimum set of cosmetic features from the following list of features:

Semi-automatic rifle
Rifle
A rifle is a firearm designed to be fired from the shoulder, with a barrel that has a helical groove or pattern of grooves cut into the barrel walls. The raised areas of the rifling are called "lands," which make contact with the projectile , imparting spin around an axis corresponding to the...

s able to accept detachable magazines and two or more of the following:

  • Folding or telescoping stock
    Telescoping stock
    A telescoping stock is a stock on a firearm that telescopes or folds in on itself in order to become more compact. Telescoping stocks are useful for storing a rifle or weapon in a space that it would not normally fit in. The user can either fold in the stock to make the weapon easier to handle, or...

  • Pistol grip
    Pistol grip
    On a firearm or other tool, the pistol grip is that portion of the mechanism that is held by the hand and orients the hand in a forward, vertical orientation, similar to the position one would take with a conventional pistol such as the M1911....

  • Bayonet
    Bayonet
    A bayonet is a knife, dagger, sword, or spike-shaped weapon designed to fit in, on, over or underneath the muzzle of a rifle, musket or similar weapon, effectively turning the gun into a spear...

     mount
  • Flash suppressor
    Flash suppressor
    A flash suppressor, also known as a flash guard, flash eliminator, flash hider, or flash cone, is a device attached to the muzzle of a rifle or other gun that reduces the visible signature of the burning gases that exit the muzzle. This reduces the chances that the shooter will be blinded in dark...

    , or threaded barrel designed to accommodate one
  • Grenade launcher
    Grenade launcher
    A grenade launcher or grenade discharger is a weapon that launches a grenade with more accuracy, higher velocity, and to greater distances than a soldier could throw it by hand....

     (more precisely, a muzzle device which enables the launching or firing of rifle grenade
    Rifle grenade
    A rifle grenade is a grenade that uses a rifle-based launcher to permit a longer effective range than would be possible if the grenade was thrown by hand...

    s)

Semi-automatic pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...

s 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, handgrip, or suppressor
    Suppressor
    A suppressor, sound suppressor, sound moderator, or silencer, is a device attached to or part of the barrel of a firearm which reduces the amount of noise and flash generated by firing the weapon....

  • Barrel shroud
    Barrel shroud
    A barrel shroud is a covering attached to the barrel of a firearm, that partially or completely encircles the barrel which prevents operators from injuring themselves on a hot barrel. Slides, extensions of the stock that do not fully encircle the barrel, and the receiver of a firearm itself are...

     that can be used as a hand-hold
  • Unloaded weight of 50 oz (1.4 kg) or more
  • A semi-automatic version of an automatic firearm

Semi-automatic shotgun
Shotgun
A shotgun is a firearm that is usually designed to be fired from the shoulder, which uses the energy of a fixed shell to fire a number of small spherical pellets called shot, or a solid projectile called a slug...

s with two or more of the following:

  • Folding or telescoping stock
  • Pistol grip
  • Fixed capacity of more than 5 rounds
  • Detachable magazine


The earlier term assault rifle
Assault rifle
An assault rifle is a selective fire rifle that uses an intermediate cartridge and a detachable magazine. Assault rifles are the standard infantry weapons in most modern armies...

 refers to rifles that are capable of fully automatic fire. By that definition the ban did not cover "assault rifles" at all. Instead, it created a new definition of "assault weapon," a term that was broad enough to encompass all three categories of firearm (rifle, pistol and shotgun) capable of semi-automatic fire and having a combination of features as listed above, but did not include automatic firearms of any type.

Provisions of the ban

The Federal Assault Weapons Ban was only a small part (title XI, subtitle A) of the Violent Crime Control and Law Enforcement Act.

The act created a definition of "assault weapons" and subjected firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...

s that met that definition to regulation. Nineteen models of firearms were defined by name as being "assault weapons". Various semi-automatic rifles, pistols, and shotguns were classified as "assault weapons" due to having various combinations of features.

The act addressed only semi-automatic firearms, that is, firearms that fire one shot each time the trigger is pulled. Neither the AWB nor its expiration changed the legal status of fully automatic firearms, which fire more than one round with a single trigger-pull; these have been regulated by the National Firearms Act
National Firearms Act
The National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The...

 of 1934 and Firearm Owners Protection Act
Firearm Owners Protection Act
The Firearm Owners' Protection Act , , codified at et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.-Federal Firearms License regulatory reform:...

 of 1986.

The act separately defined and banned "large capacity ammunition feeding devices", which generally applied to magazines or other ammunition feeding devices with capacities of greater than an arbitrary number of rounds and which up to the time of the act had been considered normal or factory magazines. These ammunition feeding devices were referred to in the media and popular culture as "high capacity magazines or feeding devices". Depending on the locality and type of firearm, the cutoff between a "normal" capacity and "high" capacity magazine was 3, 7, 10, 12, 15, or 20 rounds. The now defunct federal ban set the limit at 10 rounds.

During the period in which the AWB was in effect, it was illegal to manufacture any firearm that met the law's definition of an "assault weapon" or "large capacity ammunition feeding device", except for export or for sale to a government or law enforcement agency. Possession of illegally imported or manufactured firearms was outlawed as well, but the law did not ban the possession or sale of pre-existing "assault weapons" or previously factory standard magazines which had been legally redefined as "large capacity ammunition feeding devices". This provision for "pre-ban" firearms created a higher price point in the market for such items, which lasted until the ban's sunset.

Expiration of the ban

Opponents of the ban claimed that its expiration has seen little if any increase in crime, while Senator Feinstein claimed the ban was effective because "It was drying up supply and driving up prices. The number of those guns used in crimes dropped because they were less available." The Bureau of Alcohol, Tobacco, Firearms and Explosives
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...

 (ATF) stated it "can in no way vouch for the validity" of Brady Campaign's claim that the ban was responsible for violent crime's decline.

The Centers for Disease Control and Prevention studied the "assault weapon" ban and other gun control schemes, and found "insufficient evidence to determine the effectiveness of any of the firearms laws reviewed for preventing violence."

Compliance

AWB advocates and opponents alike stated that the AWB allowed firearms manufacturers to make minor changes to make their affected firearms legal, and they both described the features affected by the ban as "cosmetic". For this reason, some gun-rights groups nicknamed the legislation the "scary gun law".

The law banned certain feature combinations that many firearms experts considered to be arbitrary. Manufacturers complied with the law by removing the banned features while leaving the core functionality of the weapons intact. For this, they were criticized as attempting to circumvent the spirit of the law by many gun control groups and even by then-president Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

. Pro-gun groups responded by pointing out that the manufacturers made and sold exactly what was permitted, and that they could not be held to any standard higher than the law itself.

For example, the AB-10 was a legal version of the TEC-9, with barrel threading and barrel shroud
Barrel shroud
A barrel shroud is a covering attached to the barrel of a firearm, that partially or completely encircles the barrel which prevents operators from injuring themselves on a hot barrel. Slides, extensions of the stock that do not fully encircle the barrel, and the receiver of a firearm itself are...

 removed; the XM-15 was a legal AR-15
AR-15
The AR-15 is a lightweight, 5.56 mm, air-cooled, gas-operated, magazine-fed semi-automatic rifle, with a rotating-lock bolt, actuated by direct impingement gas operation. It is manufactured with the extensive use of aluminum alloys and synthetic materials....

 without barrel threading or a bayonet mounting lug; post-ban semi-automatic
Semi-automatic firearm
A semi-automatic, or self-loading firearm is a weapon which performs all steps necessary to prepare the weapon to fire again after firing—assuming cartridges remain in the weapon's feed device or magazine...

 AK-47
AK-47
The AK-47 is a selective-fire, gas-operated 7.62×39mm assault rifle, first developed in the Soviet Union by Mikhail Kalashnikov. It is officially known as Avtomat Kalashnikova . It is also known as a Kalashnikov, an "AK", or in Russian slang, Kalash.Design work on the AK-47 began in the last year...

s were sold without folding stocks or bayonet lugs, and with standard or "thumbhole" stocks instead of pistol grips. As the production of magazines holding in excess of 10-rounds for civilians had been prohibited, manufacturers sold their post-ban firearms either with newly manufactured magazines with capacities of ten rounds or less, or with pre-ban manufactured high-capacity magazines, to meet changing legal requirements.

The ATF technology branch determined in 1994 that muzzle brake
Muzzle brake
Muzzle brakes and recoil compensators are devices that are fitted to the muzzle of a firearm or cannon to redirect propellant gases with the effect of countering both recoil of the gun and unwanted rising of the barrel during rapid fire...

s were not impacted by the AWB, and that muzzle brakes on threaded barrels were not an assault weapon feature, so long as they were welded or soldered in place.

The law prohibited newly manufactured detachable magazines with a capacity of more than ten rounds manufactured after enactment of the law from sale, transfer, or importation. One effect was the increased importation from other countries of large quantities of magazines manufactured before the ban. Former Warsaw Pact
Warsaw Pact
The Warsaw Treaty Organization of Friendship, Cooperation, and Mutual Assistance , or more commonly referred to as the Warsaw Pact, was a mutual defense treaty subscribed to by eight communist states in Eastern Europe...

 countries had large quantities of AK-47
AK-47
The AK-47 is a selective-fire, gas-operated 7.62×39mm assault rifle, first developed in the Soviet Union by Mikhail Kalashnikov. It is officially known as Avtomat Kalashnikova . It is also known as a Kalashnikov, an "AK", or in Russian slang, Kalash.Design work on the AK-47 began in the last year...

 magazines of various capacities that could fit a variety of both pre-ban and post-ban AK-47 variants. Existing stocks of pre-ban American-made magazines were likewise exempt from the ban; this resulted in a brief surge in domestic manufacture of high-capacity magazines before the law took effect. Large capacity magazines manufactured post-ban for military and law enforcement were stamped or etched with the logo "LEO" (for "Law Enforcement Only") and it was illegal for civilians to possess LEO magazines during the ban.

With the ten-round limit on magazine capacity in effect, and some form of concealed carry
Concealed carry
Concealed carry, or CCW , refers to the practice of carrying a handgun or other weapon in public in a concealed manner, either on one's person or in proximity.-In Canada:...

 of firearms legal in over 38 states, manufacturers had an added incentive to design smaller frames at or below the ten-round capacity, thus replacing the previously popular 9mm and .45 ACP
.45 ACP
The .45 ACP , also known as the .45 Auto by C.I.P., is a cartridge designed by John Browning in 1904, for use in his prototype Colt semi-automatic .45 pistol and eventually the M1911 pistol adopted by the United States Army in 1911.-Design and history:The U.S...

 higher capacity pistols. Since they could no longer manufacture the popular 15- and 17-round magazines to consumers, continuing to market the large frames designed for such made less sense. Glock introduced their 10-round capacity 9mm semi-automatic pistol, the Glock 26, in August 1994, in apparent anticipation of the legislation. In 1995, the Kahr Arms
Kahr Arms
Kahr Arms is an American small arms manufacturer founded by Kook Jin "Justin" Moon , who currently serves as CEO and President. It is owned by the Saeilo Corporation , a subsidiary of Tongil Group, a South Korean business group associated with the Unification Church...

 company was founded; they debuted their ultra-compact 9mm pistol, the K9
Kahr K9
The Kahr K9 is a 9x19mm Parabellum semi-automatic pistol manufactured by Kahr Arms in their Worcester, Massachusetts small arms facility. The K9 was introduced in 1995 and features a double action only trigger mechanism with a Locked breech recoil operated action...

. In the years that followed, all manufacturers of semiautomatic pistols followed suit, developing a large array of concealable ten-round pistols in various calibers, including 9mm, 10mm
10 mm Auto
The 10mm Auto is a semi-automatic pistol cartridge developed by Jeff Cooper and introduced in 1983 for the Bren Ten pistol. It was initially produced by ammunitions manufacturer FFV Norma AB of Åmotfors, Sweden.Although it was selected by the F.B.I. for use in the field following the 1986 F.B.I...

, .40 S&W
.40 S&W
The .40 S&W is a rimless pistol cartridge developed jointly by major American firearms manufacturers Winchester and Smith & Wesson. The .40 S&W was developed from the ground up as a law enforcement cartridge designed to duplicate performance of the FBI's reduced velocity 10mm cartridge which could...

, and .45 ACP.

In March 2004, Kristen Rand, the legislative director of the Violence Policy Center
Violence Policy Center
The Violence Policy Center is a national 501 organization working to prohibit gun ownership in the United States, especially in relation to gun politics...

, criticized the soon-to-expire ban by stating "The 1994 law in theory banned AK-47s, MAC-10
MAC-10
The MAC-10 is a highly compact, blowback operated machine pistol developed by Gordon B. Ingram in 1964.-Design:The M-10 was built predominantly from steel stampings...

s, UZIs, AR-15
AR-15
The AR-15 is a lightweight, 5.56 mm, air-cooled, gas-operated, magazine-fed semi-automatic rifle, with a rotating-lock bolt, actuated by direct impingement gas operation. It is manufactured with the extensive use of aluminum alloys and synthetic materials....

s and other assault weapons. Yet the gun industry easily found ways around the law and most of these weapons are now sold in post-ban models virtually identical to the guns Congress sought to ban in 1994."

Assault weapons ban in New York politics

New York's version of the law is very similar to the Federal version, but New York's version does not have a sunset provision. According to the laws of the State of New York, a magazine with a capacity of more than 10 rounds manufactured after September 14, 1994 cannot be legally possessed by anyone other than a law enforcement officer. A provision of the Federal law required the date of manufacture to be stamped on every newly manufactured "large capacity" magazine. Because that requirement is no longer in effect, the New York magazine ban becomes potentially unenforceable except with respect to those magazines manufactured during the ban and marked according to federal regulations then in effect.

NYS Penal Law § 265.02(6) makes it a class D felony to possess "a large capacity ammunition feeding device," which is defined in Penal Law § 265.00(23) as "a magazine, belt, drum, feed strip, or similar device, manufactured after [September 13, 1994], that has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition." Possession of unmarked "large capacity" magazines made after the sunset of the federal ban thus subject New Yorkers to felony charges. Police and prosecutors may be able to determine actual manufacture dates of seized magazines from information not generally available to consumers, such as the dates of magazine design changes and parts assembly numbers. The New York ban thus leaves possessors of unmarked post-ban magazines at risk of felony charges since they may not know the magazines were manufactured post-sunset and not pre-ban. However, the prosecution must be able to prove that the subject in possession of the magazine had knowledge that it was in fact a post ban magazine.

During the period of the federal ban, ATF would issue rulings as to whether attachment of a given muzzle device on a post-ban rifle was permissible because it acted only as a brake, or impermissible because it acted as a flash suppressor. As with magazines, the New York regulatory scheme implicitly relied upon such federal regulatory determinations for enforcement of the state's ban. With the sunset of the federal ban, ATF is no longer concerned with classifying muzzle devices. New York residents now may acquire or modify rifles attaching what they believe to be muzzle brakes, but which at some point New York police or prosecutors may deem to be flash suppressors, resulting in arrest or prosecution for unwitting possession of a banned rifle. [See NYS Penal Law § 265.00(22) defining "Assault Weapon" to include "a semiautomatic rifle that has an ability to accept a detachable magazine and has at least two of the following characteristics... (iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor." There is no definition of "flash suppressor" in § 265.00, which contains all definitions for the ban, thus leaving grounds for arrest and prosecution uncertain until what is or is not a "flash suppressor" is resolved by state courts or clarified by statute.]

Assault weapons bans in other states

In addition to New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...

 (see above), Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...

 and New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...

, have enacted similar bans. Cook County
Cook County, Illinois
Cook County is a county in the U.S. state of Illinois, with its county seat in Chicago. It is the second most populous county in the United States after Los Angeles County. The county has 5,194,675 residents, which is 40.5 percent of all Illinois residents. Cook County's population is larger than...

 of Illinois has enacted a similar, but more restrictive ban. California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 enacted one of the first bans on semi-automatic rifles in 1989, adding stricter measures to the law several times since. Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...

 has enacted a partial ban.

Effect on crime

It was noted by the National Institute of Justice that should the ban be renewed, its effects on gun violence would likely be small at best and perhaps too small for reliable measurement due to assault weapons rarely being used in gun crimes even before the ban. It should be noted that the United States Department of Justice has not clarified as to whether or not the "assault weapons" used in violent crime were semi-automatic or automatic weapons, and what percentage of semi-automatic ("assault weapons" under legal definition) were used in violent crimes.

A 1999 preliminary study commissioned by the Department of Justice on the Assault Weapons Ban found that firearm related murders dropped 11% from 1994 to 1995, though the "limited [study] time frame weakens the ability of statistical tests to discern effects that may be meaningful from a policy perspective," therefore the ban’s "short-term influence on gun violence has been uncertain, due perhaps to the continuing availability of grandfathered assault weapons, close substitute guns and large capacity magazines, and the relative rarity with which the banned weapons were used in gun violence even before the ban."

The Violence Policy Center
Violence Policy Center
The Violence Policy Center is a national 501 organization working to prohibit gun ownership in the United States, especially in relation to gun politics...

 (VPC) blamed the gun industry: "Soon after its passage in 1994, the gun industry made a mockery of the federal assault weapons ban, manufacturing 'post-ban' assault weapons with only slight, cosmetic differences from their banned counterparts. The VPC estimates that more than one million "assault weapons" have been manufactured since the ban's passage in 1994."

In 2001, Koper and Roth of the Jerry Lee Center of Criminology, University of Pennsylvania
University of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...

, published a peer-reviewed paper called The Impact of the 1994 Federal Assault Weapon Ban on Gun Violence Outcomes: An Assessment of Multiple Outcome Measures and Some Lessons for Policy Evaluation. They found that:

"The ban may have contributed to a reduction in gun homicides, but a statistical power analysis of our model indicated that any likely effects from the ban will be very difficult to detect statistically for several more years. We found no evidence of reductions in multiple-victim gun homicides or multiple-gunshot wound victimizations. The findings should be treated cautiously due to the methodological difficulties of making a short-term assessment of the ban and because the ban's long-term effects could differ from the short-term influences revealed by this study."


The Brady Center to Prevent Gun Violence examined the impact of the Assault Weapons Ban in a 2004 report entitled On Target: The Impact of the 1994 Federal Assault Weapon Act. The report looked at 1.4 million guns involved in crime and determined that "since the law’s enactment ... assault weapons have made up only 1.61% of the guns ATF has traced to crime — a drop of 66% from the pre-ban rate" and that the Act prevented 60,000 assault weapon crimes over its 10-year period.

Other views of the ban's effectiveness at reducing crime have been more critical; indeed, many authorities have questioned as to whether crime reduction was the principal intent of the Assault Weapons Ban. According to Dave Workman, the senior editor of GunWeek, a publication of the Bellevue, Wash.-based Second Amendment Foundation:

"The Clinton-era 'assault weapons ban' was more symbolic than anything else. The reason it was so overwhelmingly supported by the gun control movement was because it represented a federal ban on firearms based on cosmetic circumstances - what they looked like - not on their lethality. It was to condition the public to accept a piecemeal destruction of the Second Amendment."

Efforts to renew the ban

On March 2, 2004, with the 'sunset' of the ban on the horizon, assault weapon ban supporter Senator Dianne Feinstein
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....

 (D-Calif.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

) attached a ten-year extension to the 1994 Assault Weapons Ban to the Senate's Protection of Lawful Commerce in Arms Act
Protection of Lawful Commerce in Arms Act
The Protection of Lawful Commerce in Arms Act was passed by the U.S. Senate on July 29, 2005, by a vote of 65-31. On October 20, 2005, it was passed by the House of Representatives 283 in favor and 144 opposed. It was signed into law on October 26, 2005, by President George W...

. With the Feinstein amendment, the bill was voted down 8-90.

Assault Weapons Ban and Law Enforcement Protection Act of 2007

In February 2007 a bill, H.R. 1022, called the Assault Weapons Ban and Law Enforcement Protection Act of 2007
Assault Weapons Ban and Law Enforcement Protection Act of 2007
The Assault Weapons Ban and Law Enforcement Protection Act of 2007 was a bill that would have ultimately reenacted the ban on assault weapons by the Clinton Administration in 1994...

 sponsored by Representative Carolyn McCarthy
Carolyn McCarthy
Carolyn McCarthy is the U.S. Representative for , serving since 1997. She is a member of the Democratic Party. The district is located in central Long Island in west-central Nassau County and includes Mineola, the Five Towns, East Rockaway, Rockville Centre, Oceanside, Garden City, Hempstead,...

 of New York (D)
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 was introduced that would reinstitute and expand the ban on assault weapons. It reduces the number of requirements for a firearm to be classified as an assault weapon from two to one. It additionally includes, in H.R. 1022 Section L, the expansion of the legal term assault weapon to any
"... semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttalable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event."


On the April 18, 2007 showing of MSNBC
MSNBC
MSNBC is a cable news channel based in the United States available in the US, Germany , South Africa, the Middle East and Canada...

's program, Tucker
Tucker (television program)
Tucker is an American television program on MSNBC that focused on politics, hosted by Tucker Carlson. The show aired from June 6, 2005–March 14, 2008....

, Tucker Carlson
Tucker Carlson
Tucker Swanson McNear Carlson is an American political news correspondent and conservative commentator for the Fox News Channel...

 interviewed McCarthy concerning the Virginia Tech massacre
Virginia Tech massacre
The Virginia Tech massacre was a school shooting that took place on April 16, 2007, on the campus of Virginia Polytechnic Institute and State University in Blacksburg, Virginia, United States. In two separate attacks, approximately two hours apart, the perpetrator, Seung-Hui Cho, killed 32 people...

 and her proposed reauthorization of the Assault Weapons Ban. He asked her to explain the need to regulate barrel shrouds, one of the many provisions of the Act. She responded that more importantly the legislation would ban large capacity "clips" used in the Virginia Tech massacre and that the class of guns chosen were those used by gangs and police killers. However, a panel concluded it would not have made a difference in that situation. After admitting that she did not know what a barrel shroud was, McCarthy incorrectly stated, "I believe it is a shoulder thing that goes up."

The Bill was referred to the United States House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security
United States House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security
The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security is a subcommittee within the House Judiciary Committee.-Jurisdiction:From the House Rules:...

 on March 19, 2007. As of December 17, 2007, the bill had 60 cosponsors.

This bill never became law.

Assault Weapons Ban Reauthorization Act of 2008

was introduced by Mark Kirk
Mark Kirk
Mark Steven Kirk is the junior United States Senator from Illinois and a member of the Republican Party. Previously, Kirk was a member of the United States House of Representatives, representing Illinois's 10th congressional district....

 (R Ill.-10) on 12 June 2008 and sought to re-instate the Assault Weapons Ban for a period of ten years, as well as to expand the list of banned weapons. This bill was referred to the Subcommittee on Crime, Terrorism, and Homeland Security
United States House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security
The House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security is a subcommittee within the House Judiciary Committee.-Jurisdiction:From the House Rules:...

 on July 28, 2008. It had four co-sponsors supporting it: Michael N. Castle
Michael N. Castle
Michael "Mike" Newbold Castle is a former Governor and former U.S. Representative for , serving from 1993 until 2011. He is a member of the Republican Party....

 (R Del.-1), Mike Ferguson (R N.J.-7), Ileana Ros-Lehtinen
Ileana Ros-Lehtinen
Ileana Ros-Lehtinen is the U.S. Representative for , serving since 1989. She is a member of the Republican Party....

 (R Fla.-18) and Christopher Shays
Christopher Shays
Christopher H. Shays is an American politician. He was a Republican member of the United States House of Representatives and represented the 4th District of Connecticut....

 (R Conn.-4).

This bill never became law, as it was still in Subcommittee when Congress ended the 110th Session on 3 January 2009.

Urban policy agenda of President Obama

Shortly after the November 4, 2008 election
United States presidential election, 2008
The United States presidential election of 2008 was the 56th quadrennial presidential election. It was held on November 4, 2008. Democrat Barack Obama, then the junior United States Senator from Illinois, defeated Republican John McCain, the senior U.S. Senator from Arizona. Obama received 365...

, Change.gov, the website of the office of then President-Elect
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

, listed a detailed agenda for the forthcoming administration. This includes "making the expired federal Assault Weapons Ban permanent." This statement was originally published on Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...

's campaign website, BarackObama.com. When President Obama took office on January 20, 2009, the agenda statement was moved to the administration's website, WhiteHouse.gov, with its wording intact.

On February 25, 2009, the newly sworn-in Attorney General, Eric Holder
Eric Holder
Eric Himpton Holder, Jr. is the 82nd and current Attorney General of the United States and the first African American to hold the position, serving under President Barack Obama....

, repeated the Obama Administration's desire to reinstate the Federal Assault Weapons Ban. The mention came in response to a question, about 20 minutes into to a joint press conference with DEA Acting Administrator
DEA
DEA is the commonly used acronym for the Drug Enforcement Administration, a United States law enforcement agency.DEA or Dea may also refer to:- Organizations :* DEA , UK development education charity...

 Michele Leonhart, discussing efforts to crack down on Mexican drug cartels
Mexican Drug War
The Mexican Drug War is an ongoing armed conflict taking place among rival drug cartels who fight each other for regional control, and Mexican government forces who seek to combat drug trafficking. However, the government's principal goal has been to put down the drug-related violence that was...

. Attorney General Holder said: "[...] there are just a few gun-related changes that we would like to make, and among them would be to reinstitute the ban on the sale of assault weapons."

However on April 16, 2009, President Obama stated that he will not push for the reinstatement of the Assault Weapons Ban in the United States even though he still believes that it "made sense". Obama has proposed instead to ratify an inter-American treaty known as CIFTA
CIFTA
The Inter-American Convention Against Illicit Manufacturing of and Trafficking in Firearms , originally the Inter-American Convention Against Illicit Firearms Trafficking in the Americas, is an international firearms control treaty.-History:...

 (Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials) to curb international small arms trafficking. The treaty makes the unauthorized manufacture and export of firearms illegal and calls for nations in this hemisphere to establish a process for information-sharing among different countries' law enforcement divisions to stop the smuggling of arms, to adopt strict licensing requirements, and to make firearms easier to trace.

See also

  • Arms trafficking
  • Assault Weapons Ban and Law Enforcement Protection Act of 2007
    Assault Weapons Ban and Law Enforcement Protection Act of 2007
    The Assault Weapons Ban and Law Enforcement Protection Act of 2007 was a bill that would have ultimately reenacted the ban on assault weapons by the Clinton Administration in 1994...

  • Firearm case law
  • Violent Crime Control and Law Enforcement Act
    Violent Crime Control and Law Enforcement Act
    The Violent Crime Control and Law Enforcement Act, , , was an act of Congress dealing with crime and law enforcement that became law in 1994. It is the largest crime bill in the history of the US at 356 pages and will provide for 100,000 new police officers, $9.7 billion in funding for prisons and...

  • Gun (Firearm) laws in the United States (by state)
  • Gun Control Act of 1968
    Gun Control Act of 1968
    The Gun Control Act of 1968 , by president Lyndon Johnson, is a federal law in the United States that broadly regulates the firearms industry and firearms owners...

  • Gun politics in the United States
    Gun politics in the United States
    Gun politics in the United States refers to an ongoing political and social debate regarding both the restriction and availability of firearms within the United States. It has long been among the most controversial and intractable issues in American politics...

  • Political arguments of gun politics in the United States
    Political arguments of gun politics in the United States
    Political arguments of gun politics in the United States, debate about the right to bear arms, centers on the Second Amendment to the United States Constitution and how it should be interpreted...

  • Second Amendment to the United States Constitution
    Second Amendment to the United States Constitution
    The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...

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