"Assault Weapons" and
"Large Capacity Ammunition Feeding Device"
Law
The 1994 federal "Crime Bill," signed into law by President Clinton
on Sept. 13, 1994, included the Violent Crime Control and Law Enforcement
Act of 1994. That Act included provisions amending the Gun Control
Act (GCA, 1968) to make it a federal crime for a private individual
to possess or transfer (sell, give, etc.) an "assault weapon" manufactured
after that date. [18 U.S.C. 922(v)]. "Assault weapons" manufactured
on or before that date are "grandfathered," meaning that the law
does not prohibit their possession or transfer. Government agencies
and their agents (the military, police departments, etc.) are exempt
from the law. To distinguish between "pre-ban" and "post-ban" firearms,
the law requires that "assault weapons" manufactured after Sept.
13, 1994 be stamped with their date of manufacture.
The law defines firearms as "assault weapons" by one
or both of two methods: name and description. [18 U.S.C. 921(a)(30)].
All told, the law affects more than 175 semi-automatic rifles, pistols
and shotguns and revolving cylinder shotguns a cross-section of
firearms of various sizes, shapes, and calibers/gauges. Under the
law, the term "semiautomatic assault weapon" means:
- any of the firearms, or copies or duplicates of the firearms
in any caliber, known as: Norinco, Mitchell, Poly Technologies
Avtomat Kalashnikovs (all models); Action Arms I.M.I. UZI and
Galil; Beretta AR-70 (SC70); Colt AR-15; Fabrique Nationale
FN-FAL/LAR, and FNC; SWD M-10, M-11, M-11/9, and M-12; Steyr
AUG; Intratec TEC-9, TEC-DC9, and TEC-22; and revolving cylinder
shotguns, such as (or similar to) the Street Sweeper and Striker
12;
-
a semi-automatic rifle that has an ability to
accept a detachable magazine and has at least two of the following:
a folding or telescoping stock; a pistol grip that protrudes
conspicuously beneath the action of the weapon; a bayonet mount;
a flash suppressor or threaded barrel; and a grenade launcher;
-
a semi-automatic pistol that has an ability
to accept a detachable magazine and has at least two of the
following: an ammunition magazine that attaches to the pistol
outside of the pistol grip; a threaded barrel capable of accepting
a barrel extender, flash suppressor, forward handgrip, or silencer;
a shroud that is attached to, or partially or completely encircles,
the barrel and that permits the shooter to hold the firearm
with the nontrigger hand without being burned; a manufactured
weight of 50 ounces or more when the pistol is unloaded; and
a semiautomatic version of an automatic firearm; and
-
a semi-automatic shotgun that has at least two
of the following: a folding or telescoping stock; a pistol grip
that protrudes conspicuously beneath the action of the weapon;
a fixed magazine in excess of five rounds; and an ability to
accept a detachable magazine.
"Large capacity ammunition feeding devices"
The law also prohibits a private individual from possessing or transferring
a "large capacity ammunition feeding device" manufactured after
Sept. 13, 1994. Government agencies and their agents (the military,
police departments, etc.) are exempt. The law defined that term
to include "a magazine, belt, drum, feed strip, or similar device
. . . that has a capacity of, or that can be readily restored or
converted to accept, more than 10 rounds of ammunition; but does
not include an attached tubular device designed to accept, and capable
of operating only with, .22 caliber rimfire ammunition." Such "devices"
manufactured prior on or before Sept. 13, 1994, including those
manufactured outside the United States, remain legal to possess,
transfer and import. Such "devices" manufactured after that date
must be stamped with the date of manufacture. The law places the
"burden of proof" upon the government, not the individual, in the
event of a criminal charge relating to possession of such a "device."
Post-law variations of "assault weapons"
Under the law, a firearm is not an "assault weapon"
if it does not meet the criteria pertaining to firearm characteristics.
Thus, firearm companies may lawfully produce, and consumers may
lawfully purchase and possess (unless restricted under state or
local law), firearms that are identical to "assault weapons" except
for a change of name and/or the absence of one or more of the listed
physical features. For example, an Olympic Arms SM-1, (top photo,
below) is an "assault weapon." However, the Olympic Arms PCR ("Politically
Correct Rifle," bottom photo) is not an "assault weapon," and is
not affected by the law, because, though identical to the SM-1 in
every other respect, the PCR has only one of the listed features.
The distinction between the two rifles is superficial:
Assault weapon" with:
1."conspicuous" grip
2. bayonet mount
3. flash suppressor.
"Politically Correct Rifle"
with "conspicuous" grip
only
"Armor-piercing ammunition"
In 1986, the GCA was amended to prohibit the manufacture
or importation of "armor piercing ammunition," defined as "a projectile
or projectile core which may be used in a handgun and which is constructed
entirely (excluding the presence of traces of other substances)
from one or a combination of tungsten alloys, steel, iron, brass,
bronze, beryllium copper, or depleted uranium." The 1994 crime bill
added to the definition, "a full jacketed projectile larger than
.22 caliber designed and intended for use in a handgun and whose
jacket has a weight of more than 25 percent of the total weight
of the projectile."
Regulations and requirements relating to Federal
Firearm Licensees
The law requires an FFL applicant to submit fingerprints
and photographs to BATF and notify his chief local law enforcement
officer of the application. An applicant must certify that the business
to be conducted under the license is not prohibited by State or
local law, that no business will be conducted until in compliance
with State and local laws, and that such laws will be complied with
within 30 days after approval of the FFL. Licensees must report
to BATF and local law enforcement authorities the theft or loss
of a firearm within 48 hours and respond within 24 hours to a BATF
request for information about the disposition of firearms related
to a criminal investigation. BATF must notify state and local law
enforcement authorities of the names and addresses of persons to
whom an FFL is issued, and may inspect licensees' records during
a criminal investigation. The law extends to 60 days the period
BATF has to act on applications.
Restrictions relating to juveniles
The law prohibits the transfer to, or possession by,
a juvenile (person under age 18), of a handgun or handgun ammunition,
with certain exceptions relating to employment, target practice,
hunting, firearms training, service with the Armed Forces or National
Guard, in defense against an intruder into the residence of the
juvenile or a residence in which the juvenile is an invited guest,
and other circumstances with prior written consent of the juvenile's
parent or guardian.
Enhanced penalties
The 1994 Crime Bill also imposed a 10 year imprisonment
penalty on individuals who, "during in and in relation to any crime
of violence or drug trafficking crime (including a crime of violence
or drug trafficking crime which provides for an enhanced punishment
if committed by the use of a deadly or dangerous weapon or device)
for which he may be prosecuted in a court of the United States,"
uses or carries a "semiautomatic assault weapon." This penalty is
imposed on top of the penalty for the violent or drug trafficking
crime. Second and subsequent convictions for carrying or using a
"semiautomatic assault weapon" during such a crime are punishable
by 20 years imprisonment. [18 U.S.C. 924(c)]
Other federal laws affecting "assault weapons"
and other semi-automatic firearms
18 U.S.C. 925(d)(3), imposed by the GCA and
later amended, requires the Treasury Secretary to approve for importation
any firearm that is "generally recognized as particularly suitable
for or readily adaptable to sporting purposes . . . ," with certain
exceptions. BATF has regulatory authority to interpret what that
language means. In early 1989, following a crime committed with
an imported semi-automatic rifle, President Bush ordered BATF to
suspend the importation of 43 makes and models of foreign-made semi-automatic
rifles (all previously approved for importation) and to review their
eligibility for importation. BATF later stated that the rifles were
no longer eligible for importation due to their having a folding
or telescoping stock, a pistol grip separate from the stock, a bayonet
lug, a flash suppressor, etc. BATF found insignificant the fact
that such rifles have been used for a half century in formal target
shooting competitions, such as the NRA National Championships and
the Civilian Marksmanship Program National Matches (the latter conducted
under the auspices of the federal government until 1996, on a private
basis since). Later, manufacturers and importers removed the attachments
from their rifles and BATF approved the modified rifles for importation.
In 1998, President Clinton ordered BATF to suspend the importation
of about 50 makes and models of modified rifles. Treasury and BATF
later co-issued a report finding that the rifles were ineligible
for importation because they could use preexisting "large capacity"
ammunition magazines.
18 U.S.C. 922(r), imposed in 1990, prohibits
"assembling from imported parts any semi-automatic rifle or any
shotgun which is identical to any rifle or shotgun prohibited from
importation." BATF's regulation [178.39, Commerce in Firearms] prohibits
using more than 10 "imported parts," from a list of 20 parts, such
as trigger, hammer, barrel, etc. (BATF had proposed prohibiting
using more than two imported parts.) The provision was adopted to
prohibit restoring modified rifles to pre-ban configuration after
importation.
A Partial List Of Firearms Classified as "Assault
Weapons"
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1. AO-9 Assault Pistol
2. AA Arms AR9 Rifle
3. American Arms AKY39 Rifle
4. American Arms AKF39 Rifle
5. American 180
6. AMT Lightning 25 Rifle
7. Anschutz Deluxe Model 520/61
8. AR-10 Semi-Auto Rifle
9. Armalite AR-180 Sporter Carbine
10. Armscor Model 1600
11. Armscor AK-22
12. Armscorp M-l4 Semi-Auto Rifle
13. Australian Automatic Arms SAR
14. Australian Automatic Arms SAC
15. Australian Automatic Arms SAP
16. Australian Automatic Arms SP
Hunting Rifle
17. Australian Automatic Arms SP20
Hunting Rifle
18. Australian LlA1 FAL
19. Auto-Ordnance Mod 1927A-3
20. Auto-Ordnance 1927-A5 Pistol
21. Barrett Light-Fifty
22. Benelli M1 Super 90 Defense Shotgun
23. Benelli M3 Super 90 Shotgun
24. Beretta AR-70 Sporter
25. Beretta SC-70 Carbine
26. Bushmaster Auto Rifle
27. Bushmaster Rifle
28. Bushmaster Auto Pistol
29. Bushmaster XM-15
30. Calico Model 100 Carbine
31. Calico Model 110 Pistol
32. Calico Model 900 Carbine
33. Calico Model 950 Pistol
34. Calico Model 951 Tactical Carbine
35. CETME Rifle
36. Clayco AKS Rifle
37. Claridge Hi-Tec pistol
38. Cobray M-11
39. Cobray M-11/9
40. Cobray 9mm Carbine
41. Cobray M-12
42. Colt AR-15
43. Colt AR-15A2 Carbine
44. Colt AR-15A2 HBAR
45. Colt AR-15 A2 Delta HBAR
46. Colt Match Delta HBAR
47. Colt Sporter Lightweight
48. Colt Sporter Target
49. Daewoo AR110C
50. Daewoo AR100
51. Demro TAC-1 Carbine
52. Demro XF-7 Carbine
53. D-Max Auto Pistol
54. Eagle Arms EA-15 Action Master
55. Eagle Arms EA-15 Auto Rifle
56. Eagle Arms EA-15 E1 Carbine
57. Eagle Arms EA-15 E2 Carbine
58. Eagle Arms EA-15 E2 HBAR
59. Eagle Arms EA-15 Golden Eagle
60. Essential Arms J-15
61. XM Z31S Semi-Auto Pistol
62. Egyptian Maadi AKM
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63. Egyptian Maadi Thumbhole AKM
64. EMF AP-74
65. Encom Mk IV
66. FAMAS Semi-Auto Rifle
67. Feather AT-9 Carbine
68. Feather AT-22
69. Feather Mini-AT
70. Feather SAR-180 Carbine
71. Federal Model XC-220
72. Federal XC900 Pistol
73. Federal SC450 Plstol
74. Federal Ord M-14 Rifle
75. Fabrique Nationale Model FNC
76. Fabrique Nationale "G" Series LAR
Competition
77. Fabrique Nationale LAR Match
78. Fabrique Nationale LAR Model 50-64
79. Fabrique Nationale LAR Model 50-63
80. Franchi LAW 12 Shotgun
81. Franchi SPAS 12 Shotgun
82. Galil AR
83. Galil ARM
84. Galil Sniper Rifle
85. Galil Sporter
86. Goncz High-Tech Carbine
87. Goncz High-Tech Long Pistol
88. Grendel P-31 Auto Carbine
89. Heckler & Koch PSG-1 Marksman
90. Heckler & Koch 91
91. Heckler & Koch 93
92. Heckler & Koch 94
93. Heckler & Koch SP89
94. Holmes MP-22
95. Holmes MP-38
96. Holmes MP-83
97. Intratec Scorpion
98. Intratec TEC 9
99. Intratec TEC DC9
100. Intratec TEC 22
101. Israeli FALs
102. Iver Johnson Enforcer Model 3000
103. Iver Johnson PM30HB Carbine
104. Kassnar SA 85M AKM
105. Kassnar SA 85M Thumbhole AKM
106. MAC-10 Semi-Auto
107. MAC-11 Semi-Auto
108. Mitchell AKM
109. Mitchell AK-22
110. Mitchell Galil/22
111. Mitchell Heavy Barrel AKM
112. Mitchell MAS-22
113. Mitchell M-1622
114. Mitchell M-76 Counter Sniper Rifle
115. M1 Carbine with folding stock
116. Norinco MAK 90 Rifle
117. Norinco MAK 91 Legend Rifle
118. Norinco Officer's Nine Carbine
119. Norinco RPK Rifle
120. Norinco Type 81S Rifle
121. Norinco Type 81 MGS Rifle
122. Norinco Type 84S AK
123. Norinco Type 86S Bullpup
124. Norinco Type 86S-7 Rifle
125. Norinco Type 88SB Rifle
126. Olympic Arms CAR 9
127. Olympic Arms CAR-15
128. Olympic Arms CAR-40
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129. Olympic Arms CAR-45
130. Olymplc Arms CAR-310
131. Olympic Arms K4 AR-15 Rifle
132. PAC West AR-15 type
133. Partisan Avenger
134. Poly Technologies AK-47/S
135. Poly Technologies AKS-762
136. Poly Tech' AKS-76S Down Folder
137. Poly Tech' AKS-76S Side Folder
138. Poly Technologies M-14/S
139. Poly Technologies RPKS-74
140. Ruger Mini-14 with folding stock
141. Scarab Skorpion Pistol
142. Sendra AR-15 type
143. SIG AMT
144. SIG PE-57
145. SIG SG 5552 SP Rifle
146. SIG SG 550-2 SP Carbine
147. Smith Enterprises M-14 Semi-Auto
148. Spectre Carbine
149. Spectre DA Pistol
150. Springfield Armory SAR-3
151. Springfield Armory SAR 48 Standard
152. Springfield Arm. SAR 48 Bush Rifle
153. Springfield Armory SAR 8 H-Bbl.
154. Springfield Armory SAR 8 Para
155. Springfield Armory SAR 4800
156. Springfield Arm. M1A Basic Model
157. Springfield Arm. M1A Standard Rifle
158. Springfield Arm. M1A Nat'l Match
159. Springfield Arm. MlA Super Match
160. Springfield Arm. M1A-A1 Bush Rifle
161. Springfield Armory BM-59 Italian
162. Springfield Armory BM-59 Alpine
163. Springfield Arm. BM-59 Alpine Para
164. Springfield Armory BM-59 Nigerian
165. Springfield Armory M-21
166. Sterling Carbine
167. Steyr AUG SA
168. Street Sweeper Shotgun*
169. Striker 12 SE-12 Shotgun*
170. SVD Tiger Rifle
171. Universal 100 Carbine
172. USAS-12 Auto
173. Uzi Carbine
174. Uzi Pistol
175. Mini Uzi
176. Valmet M-62/S Rifle
177. Valmet M-71/S Rifle
178. Valmet M-76 Standard Rifle
179. Valmet M-76 Rifle
180. Valmet M-82 Bullpup Rifle
181. Weaver Arms Nighthawk
182. Wilkinson Terry Carbine
* Revolving cylinder, not semi-auto
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1994 Clinton Crime Bill's