Kara Sears
In the United States, the topic of assault weapon possession and legislation is a highly debated issue. Federal law once prohibited the manufacture, transfer, or possession of certain semi-automatic firearms defined as assault weapons. This ban was in effect from 1994 to 2004, but since its expiration, there has been no comprehensive federal restriction on assault weapons. While some states have implemented their own bans, the majority of states do not have an assault weapons ban in place. This has led to a complex legal landscape where the legality of possessing an assault weapon depends on the specific state and local laws.
| Characteristics | Values |
|---|---|
| Federal law on assault weapons | The Federal Assault Weapons Ban was enacted in 1994 and expired in 2004. |
| There is currently no federal law restricting the sale, manufacture, or possession of assault weapons. | |
| Attempts to renew the ban have failed, as have attempts to pass a new ban. | |
| State law on assault weapons | Ten U.S. states have assault weapons bans. |
| Three were enacted before the 1994 federal ban, four more were passed before the federal ban expired, and one passed after the federal ban expired. | |
| California, New Jersey, and Connecticut passed assault weapons bans before the 1994 federal ban. | |
| Hawaii, Maryland, Massachusetts, and New York passed bans before the federal ban expired in 2004. | |
| Illinois residents cannot lawfully purchase an AR 15 or assault weapon after January 11, 2023, unless subject to exemptions. | |
| Connecticut prohibits any person from possessing an assault weapon unless the weapon was possessed prior to July 1, 1994, and the possessor met certain other criteria. | |
| Massachusetts bans the sale, transfer, or possession of assault weapons not otherwise lawfully possessed on September 13, 1994. | |
| California law bans certain assault weapons by specific type, series, and model, and also by the firearm's general characteristics. | |
| Public opinion on assault weapons | 67% of Americans—including half of all Republicans—support a ban on assault weapons. |
| A 1993 CNN/USA Today/Gallup Poll found 77% of Americans supported a ban on the manufacture, sale, and possession of assault weapons. |
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What You'll Learn
Federal Assault Weapons Ban of 1994
In 1994, the US Congress adopted the Violent Crime Control and Law Enforcement Act, which made it "unlawful for a person to manufacture, transfer, or possess" a semi-automatic assault weapon. This legislation is known as the Federal Assault Weapons Ban of 1994.
The Federal Assault Weapons Ban of 1994 defined a "semi-automatic assault weapon" ("SAW") as specific semi-automatic firearm models by name and other semi-automatic firearms that possessed two or more from a set of certain features. These features included semi-automatic rifles able to accept detachable magazines and at least two of the following: a folding or telescoping stock, a pistol grip, a bayonet mount, a flash suppressor, or a grenade launcher. The ban also prohibited the transfer and possession of any new large-capacity ammunition magazines.
The Federal Assault Weapons Ban of 1994 was enacted with a sunset clause, meaning it had a predetermined expiration date. Despite attempts to renew it, the ban expired in 2004, and currently, there is no federal law restricting the sale, manufacture, or possession of assault weapons.
The impact of the Federal Assault Weapons Ban of 1994 on gun violence has been studied, with mixed results. Some studies suggest that mass shooting fatalities were lower during the ban period, with one study specifically stating a 70% decrease in likelihood. However, other studies found no significant impact on overall firearm homicides or gun violence outcomes. It is worth noting that the ban had limitations, such as not prohibiting the continued transfer or possession of assault weapons manufactured before the law's effective date, and certain cosmetic features that allowed manufacturers to circumvent the regulations.
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State-level assault weapon restrictions
As of 2025, there is no federal law restricting the sale, manufacture, or possession of assault weapons. The Violent Crime Control and Law Enforcement Act of 1994, which made it "unlawful for a person to manufacture, transfer, or possess" a semi-automatic assault weapon, expired in 2004. While the US House of Representatives passed legislation in 2022 to renew and strengthen the assault weapons law, it has not passed the US Senate.
- California: California was the first state to pass an assault weapons ban in 1989, restricting the possession, sale, transfer, or import of defined assault weapons to those with a Dangerous Weapons Permit.
- New Jersey: New Jersey passed an assault weapons ban in 1990.
- Connecticut: Connecticut passed an assault weapons ban in 1993 and added new restrictions in 2013.
- Hawaii: Hawaii passed an assault weapons ban before the federal ban expired in 2004.
- Maryland: Maryland passed an assault weapons ban before the federal ban expired in 2004.
- Massachusetts: Massachusetts passed an assault weapons ban before the federal ban expired in 2004, banning the sale, transfer, or possession of assault weapons.
- New York: New York passed an assault weapons ban before the federal ban expired in 2004.
- Illinois: Illinois recently passed an "assault weapons" ban.
- Washington: Washington has enacted laws banning the sale, manufacture, and transfer of assault weapons.
- Delaware: Delaware has enacted laws banning the sale, manufacture, and transfer of assault weapons.
In addition to these ten states, Minnesota and Virginia have training and background check requirements for purchasers of assault weapons, although these regulations fall short of a general ban.
The definitions of "assault weapons" and the specific restrictions vary across states. Some states use a “characteristics” or “features” test, designating firearms as restricted assault weapons if they combine certain features that make them most useful for assaultive purposes, such as high-volume firing capacity and enhanced control during rapid firing. Other states reference a list of specific firearm models and their duplicates or "copycats."
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Public support for assault weapon bans
In 1994, the Violent Crime Control and Law Enforcement Act made it "unlawful for a person to manufacture, transfer, or possess" a semi-automatic assault weapon. However, this law was enacted with a sunset clause and expired in 2004, despite public support for its renewal. Since then, there have been attempts to renew and strengthen the ban, but none have passed. As a result, semi-automatic, military-style weapons are now legal unless banned by state or local law.
Public opinion on banning assault weapons varies, with some surveys showing a majority in favour and others indicating a split decision. For instance, a Monmouth University poll from February 2023 found that 46% supported a ban on the future sale of assault weapons, while 49% were opposed. However, the same poll also showed that 51% of respondents, including 66% of Democrats, believed that while the right to bear arms is important, it should have restrictions. Additionally, 72% supported a federal red flag law, which would allow police to confiscate the guns of individuals deemed a threat.
A survey conducted in February 2023 by Statista revealed that 53% of registered voters in the United States strongly supported banning assault-style weapons. The breakdown by political party showed 73% of Democrats in strong support, while 29% of Republicans strongly opposed such a ban. Overall, the survey indicated that 67% of Americans, including half of all Republicans, support banning assault weapons.
While there is no current federal law restricting the sale, manufacture, or possession of assault weapons, certain states have taken it upon themselves to implement bans or restrictions. As of 2024, ten states have assault weapons bans, and two states, Minnesota and Virginia, have training and background check requirements for purchasers of assault weapons.
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Assault weapon characteristics
In the United States, "assault weapon" is a controversial term with no clear, consistent definition. It is sometimes used interchangeably with the term "assault rifle", but this has been described as a misapplication of the term. The term has been attributed to legislators, the firearms industry, gun control groups, and the media.
When the now-defunct Federal Assault Weapons Ban was passed in 1994, the U.S. Department of Justice defined "assault weapons" as "semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use." The 1994 Act suffered from notable limitations and loopholes that allowed manufacturers to circumvent the law by making minor modifications to weapons.
Common attributes used in legislative definitions of "assault weapons" include:
- Semi-automatic firearms capable of accepting a detachable magazine
- Folding or telescoping (collapsible) stock, which reduces the overall length of the firearm
- A pistol grip that protrudes beneath the action of the weapon
- Bayonet lug, which allows the mounting of a bayonet
- Threaded barrel, which can accept muzzle devices such as a flash hider, suppressor, compensator, or muzzle brake
- Barrel shroud
According to the State of California Department of Justice, effective August 6, 2020, the definition of "assault weapon" was expanded to include a "semiautomatic firearm that is not a rifle, pistol, or shotgun" that either:
- Does not have a fixed magazine but has any one attribute currently associated with assault weapons
- Has a fixed magazine with the capacity to accept more than 10 rounds
- Has an overall length of less than 30 inches
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Assault weapon legislation attempts
In the United States, there have been several attempts at assault weapon legislation at both the federal and state levels. Here is a summary of some key attempts:
- Federal Assault Weapons Ban (1994-2004): Also known as the Public Safety and Recreational Firearms Use Protection Act, this legislation was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. It prohibited the manufacture, transfer, or possession of certain semi-automatic firearms defined as "assault weapons" and certain high-capacity ammunition magazines. Despite its sunset clause, the law expired in 2004, and attempts to renew it have failed.
- Assault Weapons Ban of 2013 (AWB 2013): This was an attempt to pass a new federal ban on assault weapons, but it did not succeed.
- Assault Weapons Ban of 2015: Proposed as H.R.4269, this legislation aimed to regulate assault weapons and ensure that the right to bear arms was not unlimited. It targeted various firearm accessories and listed specific classes and models of firearms to be banned.
- Assault Weapons Ban of 2022 (H.R. 1808): Passed by the U.S. House of Representatives in July 2022, this bill aimed to prohibit the manufacture, sale, transfer, or possession of certain semi-automatic firearms defined as assault weapons. However, it has not passed the U.S. Senate and, therefore, has not become law.
- State-Level Bans: Several states have enacted their own assault weapons bans, including California, New Jersey, Connecticut, Hawaii, Maryland, Massachusetts, New York, and others. These bans vary in their specifics but generally restrict the possession, sale, transfer, or import of defined assault weapons.
While there is currently no federal law restricting assault weapons, some states have taken it upon themselves to regulate or ban these weapons to protect their residents from mass shootings.
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Frequently asked questions
No, federal law prohibits the possession of assault weapons. However, there are some exemptions for law enforcement and retired law enforcement officers.
Assault weapons are typically a subset of semi-automatic firearms with features designed to enable shooters to repeatedly fire at large numbers of people quickly. They are usually high-powered and include rifles such as the AR-15 and AK-47.
Yes, nine states prohibit the purchase and possession of assault weapons. These states are California, New Jersey, Connecticut, Hawaii, Maryland, Massachusetts, New York, Washington, and Illinois.
Yes, in 2022, the U.S. House of Representatives passed the Assault Weapons Ban of 2022, which aimed to prohibit the manufacture, sale, transfer, or possession of certain semi-automatic firearms. However, this legislation has not been passed by the U.S. Senate.
