A Publication of Legal Community Against Violence
This report has been created to provide public officials, government attorneys, and gun violence prevention activists with a practical guide to the legal and policy issues surrounding the adoption and strengthening of assault weapon bans – particularly those at the state and local*level. Although the report discusses the law in this area of firearms regulation, it does not offer, and is not intended to constitute, legal advice.
2. Definitions
(a) “Assault weapon” means any:
(1) Semi-automatic or pump-action rifle that has the capacity to accept a detachable magazine
and has one or more of the following:
(i) A pistol grip;
(ii) A second handgrip or a protruding grip that can be held by the non-trigger hand;
(iii) A folding, telescoping or thumbhole stock;
(iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or
(v) A muzzle brake or muzzle compensator.
(2) Semi-automatic pistol, or any semi-automatic, centerfire rifle with a fixed magazine, that has the capacity to accept more than ten rounds of ammunition;
(3) Semi-automatic pistol that has the capacity to accept a detachable magazine and has one or more of the following: (i) A second handgrip or a protruding grip that can be held by the non-trigger hand;
(ii) A folding, telescoping or thumbhole stock;
(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
(iv) A muzzle brake or muzzle compensator; or
(v) The capacity to accept a detachable magazine at any location outside of the pistol grip;
(4) Semi-automatic shotgun that has one or more of the following:
(i) A pistol grip or a vertical handgrip;
(ii) A folding, telescoping or thumbhole stock;
(iii) A fixed magazine capacity in excess of five rounds; or
(iv) An ability to accept a detachable magazine;
(5) Shotgun with a revolving cylinder;
(6) Conversion kit, part, or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.
(b) “Assault weapon” does not include any firearm that has been made permanently inoperable.
[Note: Some jurisdictions exclude from the definition of "assault weapon" antique firearms (generally meaning firearms manufactured before 1899, although sometimes including replica firearms) and weapons designed for Olympic target shooting events. However, these exceptions are not required. Such categories of assault weapons also can be subject to registration rather than an outright ban.]
(c) “Detachable magazine” means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.
(d) “Large capacity magazine” means any ammunition feeding device with the capacity to accept more than ten rounds, but shall not be construed to include any of the following:
(1) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
(2) A 22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action firearm.
(e) “Muzzle brake” means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
(f) “Muzzle compensator” means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
3. Prohibitions
(a) No person, corporation or other entity in the State/County/City may manufacture, import, possess, purchase, sell or transfer any assault weapon or large capacity magazine.
(b) Section (a) shall not apply to:
(1) Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to acquire or possess an assault weapon and/or large capacity magazine, and does so while acting within the scope of his or her duties; or
(2) The manufacture, sale or transfer of an assault weapon or large capacity ammunition feeding device by a firearms manufacturer or dealer that is properly licensed under federal, state and local laws to any branch of the armed forces of the United States, or to a law enforcement agency in this State/County/City for use by that agency or its employees for law enforcement purposes.
[Option 1 – Banning assault weapons already in circulation: Section (3)(c)]
(c) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall have 90 days from such effective date to do any of the following without being subject to prosecution:
(1) Remove the assault weapon or large capacity magazine from the State/County/City;
(2) Render the assault weapon permanently inoperable; or
(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement agency for destruction [subject to specific agency regulations].
[Option 2 – Registration of assault weapons already in circulation: Section (3)(c) through (g)]
(c) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall have 90 days from such effective date to do any of the following without being subject to prosecution:
(1) Remove the assault weapon or large capacity magazine from the State/County/City;
(2) Render the assault weapon permanently inoperable;
(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement agency for destruction [subject to specific agency regulations]; or
(4) If eligible, register the assault weapon as provided in subsection (d).
(d) Any person seeking to register an assault weapon that he or she legally possessed prior to the effective date of this law must comply with the following requirements:
(1) Submit to a background check conducted by the appropriate law enforcement agency to confirm that he or she is not a prohibited purchaser under 18 U.S.C. § 922 [add the appropriate state and local citations];
(2) Unless the person is currently prohibited by law from possessing a firearm, immediately register the assault weapon with the appropriate law enforcement agency;
(3) Safely and securely store the assault weapon pursuant to the regulations adopted by the appropriate law enforcement agency. Law enforcement is authorized to inspect the storage of assault weapons to ensure compliance with this subsection;
(4) Annually renew the registration, subject to the completion of a new background check.
(5) Possess the assault weapon only on property owned or immediately controlled by the person, or while on the premises of a licensed gunsmith for the purpose of lawful repair, or while engaged in the legal use of the assault weapon at a duly licensed firing range, or while traveling to or from these locations, provided that the assault weapon is stored unloaded in a locked container during transport. The term “locked container” does not include the utility compartment, glove compartment, or trunk, of a motor vehicle.
(6) Report the loss or theft of a registered assault weapon to the appropriate law enforcement agency within 48 hours of the time the discovery was made or should have been made.
http://www.firearmslawcenter.org/library/reports_analyses/assaultweaponreport.asp
This report has been created to provide public officials, government attorneys, and gun violence prevention activists with a practical guide to the legal and policy issues surrounding the adoption and strengthening of assault weapon bans – particularly those at the state and local*level. Although the report discusses the law in this area of firearms regulation, it does not offer, and is not intended to constitute, legal advice.
2. Definitions
(a) “Assault weapon” means any:
(1) Semi-automatic or pump-action rifle that has the capacity to accept a detachable magazine
and has one or more of the following:
(i) A pistol grip;
(ii) A second handgrip or a protruding grip that can be held by the non-trigger hand;
(iii) A folding, telescoping or thumbhole stock;
(iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or
(v) A muzzle brake or muzzle compensator.
(2) Semi-automatic pistol, or any semi-automatic, centerfire rifle with a fixed magazine, that has the capacity to accept more than ten rounds of ammunition;
(3) Semi-automatic pistol that has the capacity to accept a detachable magazine and has one or more of the following: (i) A second handgrip or a protruding grip that can be held by the non-trigger hand;
(ii) A folding, telescoping or thumbhole stock;
(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
(iv) A muzzle brake or muzzle compensator; or
(v) The capacity to accept a detachable magazine at any location outside of the pistol grip;
(4) Semi-automatic shotgun that has one or more of the following:
(i) A pistol grip or a vertical handgrip;
(ii) A folding, telescoping or thumbhole stock;
(iii) A fixed magazine capacity in excess of five rounds; or
(iv) An ability to accept a detachable magazine;
(5) Shotgun with a revolving cylinder;
(6) Conversion kit, part, or combination of parts, from which an assault weapon can be assembled if those parts are in the possession or under the control of the same person.
(b) “Assault weapon” does not include any firearm that has been made permanently inoperable.
[Note: Some jurisdictions exclude from the definition of "assault weapon" antique firearms (generally meaning firearms manufactured before 1899, although sometimes including replica firearms) and weapons designed for Olympic target shooting events. However, these exceptions are not required. Such categories of assault weapons also can be subject to registration rather than an outright ban.]
(c) “Detachable magazine” means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.
(d) “Large capacity magazine” means any ammunition feeding device with the capacity to accept more than ten rounds, but shall not be construed to include any of the following:
(1) A feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
(2) A 22 caliber tube ammunition feeding device.
(3) A tubular magazine that is contained in a lever-action firearm.
(e) “Muzzle brake” means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
(f) “Muzzle compensator” means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
3. Prohibitions
(a) No person, corporation or other entity in the State/County/City may manufacture, import, possess, purchase, sell or transfer any assault weapon or large capacity magazine.
(b) Section (a) shall not apply to:
(1) Any government officer, agent, or employee, member of the armed forces of the United States, or peace officer, to the extent that such person is otherwise authorized to acquire or possess an assault weapon and/or large capacity magazine, and does so while acting within the scope of his or her duties; or
(2) The manufacture, sale or transfer of an assault weapon or large capacity ammunition feeding device by a firearms manufacturer or dealer that is properly licensed under federal, state and local laws to any branch of the armed forces of the United States, or to a law enforcement agency in this State/County/City for use by that agency or its employees for law enforcement purposes.
[Option 1 – Banning assault weapons already in circulation: Section (3)(c)]
(c) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall have 90 days from such effective date to do any of the following without being subject to prosecution:
(1) Remove the assault weapon or large capacity magazine from the State/County/City;
(2) Render the assault weapon permanently inoperable; or
(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement agency for destruction [subject to specific agency regulations].
[Option 2 – Registration of assault weapons already in circulation: Section (3)(c) through (g)]
(c) Any person who, prior to the effective date of this law, was legally in possession of an assault weapon or large capacity magazine shall have 90 days from such effective date to do any of the following without being subject to prosecution:
(1) Remove the assault weapon or large capacity magazine from the State/County/City;
(2) Render the assault weapon permanently inoperable;
(3) Surrender the assault weapon or large capacity magazine to the appropriate law enforcement agency for destruction [subject to specific agency regulations]; or
(4) If eligible, register the assault weapon as provided in subsection (d).
(d) Any person seeking to register an assault weapon that he or she legally possessed prior to the effective date of this law must comply with the following requirements:
(1) Submit to a background check conducted by the appropriate law enforcement agency to confirm that he or she is not a prohibited purchaser under 18 U.S.C. § 922 [add the appropriate state and local citations];
(2) Unless the person is currently prohibited by law from possessing a firearm, immediately register the assault weapon with the appropriate law enforcement agency;
(3) Safely and securely store the assault weapon pursuant to the regulations adopted by the appropriate law enforcement agency. Law enforcement is authorized to inspect the storage of assault weapons to ensure compliance with this subsection;
(4) Annually renew the registration, subject to the completion of a new background check.
(5) Possess the assault weapon only on property owned or immediately controlled by the person, or while on the premises of a licensed gunsmith for the purpose of lawful repair, or while engaged in the legal use of the assault weapon at a duly licensed firing range, or while traveling to or from these locations, provided that the assault weapon is stored unloaded in a locked container during transport. The term “locked container” does not include the utility compartment, glove compartment, or trunk, of a motor vehicle.
(6) Report the loss or theft of a registered assault weapon to the appropriate law enforcement agency within 48 hours of the time the discovery was made or should have been made.
http://www.firearmslawcenter.org/library/reports_analyses/assaultweaponreport.asp
