Assault Weapons Ban of 2018

The Assault Weapon Ban of 2018 has been introduced in Congress.

The new Assault Weapon Ban proposal is similar in structure to the previous Assault Weapon ban of 1994 with one major difference – the new AWB is stricter.

Despite the horrible news for gun rights, there is an important exemption that you should know about – “assault weapons” are typically banned for average citizens but law enforcement and Federal Firearms Licensees (FFLs) are usually exempt!

If you use our Get Your FFL course, you will get the best information possible to ensure that you have a successful application and that you get your FFL. Timing is crucial, if you don’t start our course now, you may not get your FFL in time!

Assault Weapon Ban of 1994

The 1994 AWB banned assault weapons based on features and names.

For example, semi-automatic rifles that had a telescoping stock and a pistol grip were an assault weapon because they had two or more of the listed features. This meant that AR-15s were still sold under the assault weapons ban without collapsible stocks.

Features-based ban:

• Semi-automatic rifles able to accept detachable magazines and two or more of the following:
  • Folding or telescoping stock
  • Pistol grip
  • Bayonet mount
  • Flash suppressor, 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, handgrip, or suppressor
  • Barrel shroud safety feature that prevents burns to the operator
  • Unloaded weight of 50 oz (1.4 kg) or more
  • 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
  • Detachable magazine.

Named-list of banned firearms:

Numerous firearms were listed by make/model and added to the list. Although we believe that all gun-ban laws don’t work to reduce crime and are absurd, this portion was particularly ridiculous. First, many (most) of the firearms on this list were already considered “assault weapons” because of the features test above. Second, a manufacturer simply needed to re-name a firearm on the list, and it was no longer a prohibited assault weapon.

Assault Weapon Ban of 2018

This newly proposed AWB is much stricter. Instead of basing the definition of an assault weapon on two or more features, it is now down to only one feature.

This means that the AR-15s that were modified and sold under the previous ban would not be allowed under the current ban. This is a MAJOR GUN BAN.

There’s good news for FFLs, though – they can still possess assault weapons for sale/demo to law enforcement. Time to get your FFL yet?

Features-based Ban:

• The term ‘semiautomatic assault weapon’ means any of the following, regardless of country of manufacture or caliber of ammunition accepted:
  • (A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any 1 of the following:
    • (i) A pistol grip.
    • (ii) A forward grip.
    • (iii) A folding, telescoping, or detachable stock.
    • (iv) A grenade launcher or rocket launcher.
    • (v) A barrel shroud. ‘‘(vi) A threaded barrel.
  • (B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device de- signed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
  • (C) Any part, combination of parts, compo- nent, device, attachment, or accessory that is de- signed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiauto- matic rifle into a machinegun.
  • (D) A semiautomatic pistol that has the ca- pacity to accept a detachable magazine and any 1 of the following:
    • (i) A threaded barrel.
    • (ii) A second pistol grip.
    • (iii) A barrel shroud.
    • (iv) The capacity to accept a detachable magazine at some location outside of the pistol grip.
    • (v) A semiautomatic version of an automatic firearm.
  • (E) A semiautomatic pistol with a fixed maga- zine that has the capacity to accept more than 10 rounds.
  • (F) A semiautomatic shotgun that has any 1 of the following:
    • (i) A folding, telescoping, or detachable stock.
    • (ii) A pistol grip.
    • (iii) A fixed magazine with the capacity to accept more than 5 rounds.
    • (iv) The ability to accept a detachable magazine.
    • (v) A forward grip.
    • (vi) A grenade launcher or rocket launch- er.
  • (G) Any shotgun with a revolving cylinder.

What does this mean? It means that effectively all AR-15s will be banned. Also included in this proposed AWB for 2018 is banning any magazine over 10 rounds!

Exemptions to Assault Weapons Bans

1. Getting your FFL

Although not guaranteed, because we won’t know what a law will look like until it passes, FFLs are almost always EXEMPT from state and federal assault weapon bans!

AUTHOR

Ryan Cleckner

Check out Ryan Cleckner 's Courses

Ryan Cleckner is a former special operations sniper and current attorney specializing in firearms law/ATF compliance and is a firearms industry executive (former govt. relations manager for NSSF, Vice President of Remington Outdoor Company, and a SAAMI voting board member).