Keith Mack
Assault weapons have been linked to some of the deadliest mass shootings in the US in the past decade. In the absence of federal legislation regulating assault weapons, states have taken it upon themselves to protect their residents by banning the sale and manufacture of these weapons. As of 2023, 10 states and the District of Columbia have laws banning the manufacture, sale, and transfer of assault weapons, with some states also prohibiting their possession. The definition of assault weapon varies under federal and state laws but generally refers to a semi-automatic weapon, sometimes with one or two specific military-style features.
| Characteristics | Values |
|---|---|
| Number of states with laws banning assault weapons | 10 |
| States with laws banning assault weapons | California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, and Washington |
| District with laws banning assault weapons | District of Columbia |
| Number of states with laws banning large-capacity magazines | 14 |
| States with laws banning large-capacity magazines | Not mentioned |
| District with laws banning large-capacity magazines | District of Columbia |
| Number of states with laws restricting assault weapons | 10 |
| States with laws restricting assault weapons | California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, and Washington |
| Federal law on banning assault weapons | No federal law restricting the sale, manufacture, or possession of assault weapons |
| Federal law on banning large-capacity magazines | No federal law |
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What You'll Learn
States with assault weapons bans
In the absence of federal legislation regulating assault weapons, states have taken it upon themselves to protect their residents from mass shootings by implementing their own laws. As of May 1989, California was the first state in the U.S. to pass an assault weapons law, after the January 1989 Cleveland Elementary School shooting in Stockton. The Roberti-Roos Assault Weapons Control Act of 1989, or AWCA, restricted semi-automatic firearms that it classified as assault weapons: over 50 specific brands and models of rifles, pistols, and shotguns.
Following California, several other states have implemented their own assault weapons bans, including:
- Connecticut: Bans listed makes and models of semi-automatic firearms and copies of those firearms.
- Delaware: The U.S. Supreme Court declined to hear an appeal against Delaware's ban on "assault weapons" and large-capacity magazines.
- Hawaii: Prohibits assault pistols but does not cover assault-style rifles.
- Illinois: Passed a law making it illegal to manufacture, deliver, sell, or purchase an assault weapon.
- Maryland: Bans the manufacture, sale, or transfer of detachable magazines with capacities greater than 20 rounds.
- Massachusetts: Bans the sale, transfer, or possession of assault weapons not otherwise lawfully possessed since September 13, 1994.
- New York: Prohibits the manufacturing, transporting, disposing of, or possessing an assault weapon in the state.
- Washington: Prohibits the sale and manufacture of assault weapons.
While these states have taken steps to regulate or ban assault weapons, it is important to note that state definitions of assault weapons vary, and there is ongoing debate and legal challenges regarding the effectiveness and constitutionality of these laws.
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The impact of assault weapons bans
A 2021 study found that the federal prohibition on assault weapons and high-capacity magazines was associated with a significant reduction in public mass shootings. The researchers estimated that the law prevented at least 11 mass shootings during the 10 years it was in effect. Additionally, nine out of the 10 mass shooting incidents with the most casualties involved the use of at least one assault weapon, highlighting the potential impact of banning these weapons.
However, other research suggests that the impact of assault weapons bans may be limited. A 2004 report by the National Institute of Justice concluded that if the ban was renewed, the effects on gun violence would likely be small and challenging to measure. This is because rifles, including those referred to as "assault rifles" or "assault weapons," are rarely used in gun crimes. The report found no significant evidence that the assault weapons ban reduced gun murders, and there was no discernible reduction in the lethality or injuriousness of gun violence.
Similarly, a 2003 review by the Task Force on Community Preventive Services found insufficient evidence to determine the effectiveness of assault weapons bans in preventing violence. A 2001 study by the National Research Council also supported this conclusion, stating that the evaluation of the short-term effects of the 1994 federal assault weapons ban showed no clear impact on gun violence outcomes.
It is worth noting that some states have successfully implemented assault weapons bans. For example, New York, California, New Jersey, and Connecticut have passed laws prohibiting the manufacture, transport, disposal, or possession of assault weapons, with varying definitions and specifications. These state-level bans have been upheld by courts, with the U.S. Court of Appeals for the 4th Circuit in Richmond stating that "assault weapons and large-capacity magazines are not protected by the Second Amendment."
In conclusion, the impact of assault weapons bans remains a complex and multifaceted issue. While there is evidence to suggest that such bans can reduce mass shooting fatalities, the overall effect on gun violence and murder rates is less clear. The effectiveness of assault weapons bans may depend on a variety of factors, including the specific regulations, enforcement tactics, and local contexts involved. Further research and evaluation are necessary to fully understand the impact of these bans and to inform policy decisions.
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Federal assault weapons legislation
In 1994, 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 law, commonly known as the Federal Assault Weapons Ban (AWB or FAWB), was enacted in September 1994 and expired in September 2004 per a 10-year sunset provision. The ban prohibited the manufacture, transfer, or possession of "semi-automatic assault weapons," as defined by the Act, and included specific semi-automatic firearm models and other firearms with certain features.
Despite attempts to renew and strengthen the ban, including through the Assault Weapons Ban of 2015 and the Assault Weapons Ban of 2022, there is currently no federal law restricting the sale, manufacture, or possession of assault weapons. In the absence of federal legislation, states have taken it upon themselves to regulate or ban the sale and manufacture of assault weapons to protect their residents from mass shootings.
As of 2025, ten U.S. states have assault weapons bans, with variations in how these firearms are defined and regulated. For example, New York prohibits the manufacturing, transporting, disposing of, or possessing an assault weapon, while Washington, D.C., and some U.S. counties and municipalities have also implemented assault weapons laws.
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State-level assault weapons definitions
California, for instance, defines assault weapons by name, by "series" (AK-47 or AR-15), and by characteristic. A shotgun with a revolving cylinder is also classified as an assault weapon in the state. In Connecticut, assault weapons are defined as selective-fire firearms, including assault rifles capable of fully automatic or burst fire, semi-automatic firearms specified by name, and semi-automatic firearms with specific characteristics. Hawaii and Maryland both define and ban assault pistols, with Maryland regulating 45 other assault weapons listed by make or model, including copies.
Massachusetts adopts the federal definition of "semiautomatic assault weapon" from the 1994 ban, which includes a list of firearms by name and copies, semi-automatic rifles and pistols capable of accepting a detachable magazine and having at least two specified characteristics, and semi-automatic shotguns with at least two specified characteristics. New York prohibits the manufacturing, transporting, disposing of, or possessing an assault weapon, with specific characteristics outlined in the law.
Some states, such as New Jersey, have enacted stricter assault weapons bans that include AR-15 semi-automatic rifles. These varying definitions and characteristics of assault weapons at the state level contribute to a lack of consistency in the regulation and restriction of these firearms across the country.
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Assault weapons and the Second Amendment
The Second Amendment of the US Constitution protects the right to keep and bear arms. However, the interpretation of this amendment and its application to specific types of firearms, such as assault weapons, has been a subject of debate and legal challenges.
Assault weapons, typically defined as high-powered semi-automatic firearms, have been the focus of gun control efforts due to their association with mass shootings. While there is currently no federal law restricting the sale, manufacture, or possession of assault weapons, individual states have taken it upon themselves to implement bans or regulations. Nine states, including New York, California, and Delaware, have enacted laws prohibiting the purchase, sale, or possession of assault weapons, with varying definitions and exemptions.
The effectiveness of assault weapons bans in reducing gun violence and mass shootings is supported by research. A 2021 study found that the previous federal prohibition on assault weapons and high-capacity magazines was associated with a significant decrease in public mass shootings and related casualties. It is estimated that this law prevented at least 11 public mass shootings during the 10 years it was in effect. Additionally, state-level bans have shown positive results, with Washington's ban for individuals under 21 leading to a significant decrease in firearm incidents involving assault weapons in that age group.
Despite the evidence supporting the impact of assault weapons bans, there are opposing viewpoints. The National Rifle Association (NRA) and other gun rights advocates argue that "assault weapons" are among the arms protected by the Second Amendment and are commonly used for defensive purposes. They highlight that the majority of citizens who own such weapons do so for lawful purposes. Legal challenges to assault weapons bans have been made, including under the Equal Protection Clause, but courts have generally upheld the bans, finding them rational and serving legitimate governmental interests.
The debate surrounding assault weapons and the Second Amendment is complex and ongoing. While states have taken the initiative to implement bans, the lack of a federal law leaves room for variation in the definition and regulation of assault weapons across the country. As mass shootings continue to occur, the discussion around balancing public safety and the right to bear arms remains a critical issue in the United States.
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Frequently asked questions
Yes, state laws can ban assault weapons. As of 2023, 10 states and the District of Columbia have laws banning the manufacture, sale, and transfer of assault weapons. Some states also prohibit the possession of assault weapons.
The definition of an "assault weapon" varies under federal and state laws but generally refers to a semi-automatic weapon, sometimes with one or two specific military-style features. Semi-automatic weapons fire one bullet with each pull of the trigger and automatically load another, allowing for quick and sustained firing.
The 10 states with laws banning assault weapons are California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, New Jersey, New York, and Washington.
Research suggests that banning assault weapons can help prevent mass shootings and gun violence. A 2021 study found that the federal prohibition on assault weapons and high-capacity magazines was associated with a significant decrease in public mass shootings and related casualties.
