Federal Assault Weapons Ban


The Public Safety and Recreational Firearms Use Protection Act or Federal Assault Weapons Ban was a subsection of the Violent Crime Control and Law Enforcement Act of 1994, a United States federal law which included a prohibition on the manufacture for civilian use of certain semi-automatic firearms that were defined as assault weapons as well as certain ammunition magazines that were defined as "large capacity".
The 10-year ban was passed by the US Congress on September 13, 1994, following a close 52–48 vote in the US Senate, and was signed into law by US President Bill Clinton on the same day. The ban applied only to weapons manufactured after the date of the ban's enactment. It expired on September 13, 2004, in accordance with its sunset provision. Several constitutional challenges were filed against provisions of the ban, but all were rejected by the courts. There were multiple attempts to renew the ban, but none succeeded.
Studies have shown the ban has had little effect in overall criminal activity, firearm homicides and the lethality of gun crimes, while there is tentative evidence that it decreases the frequency of mass shootings.

Background

Efforts to create restrictions on assault weapons at the federal government level intensified in 1989 after 34 children and a teacher were shot and five children killed in Stockton, California with a semi-automatic Kalashnikov pattern rifle. The Luby's shooting in October 1991, which left 23 people dead and 27 wounded, was another factor. The July 1993 101 California Street shooting also contributed to passage of the ban. The shooter killed eight people and wounded six. Two of the three firearms he used were TEC-9 semi-automatic handguns with Hell-Fire triggers. The ban tried to address public concerns about mass shootings by restricting firearms that met the criteria for what it defined as a "semiautomatic assault weapon", as well as magazines that met the criteria for what it defined as a "large capacity ammunition feeding device".
In November 1993, the proposed legislation passed the U.S. Senate. The bill's author, Dianne Feinstein and other advocates said that it was a weakened version of the original proposal. In May 1994, former presidents Gerald Ford, Jimmy Carter, and Ronald Reagan, wrote to the U.S. House of Representatives in support of banning "semi-automatic assault guns". They cited a 1993 CNN/USA Today/Gallup Poll that found 77 percent of Americans supported a ban on the manufacture, sale, and possession of such weapons.
US Representative Jack Brooks, then chair of the House Judiciary Committee, tried unsuccessfully to remove the assault weapons ban section from the crime bill. The National Rifle Association opposed the ban. In November 1993, NRA spokesman Bill McIntyre said that assault weapons "are used in only 1 percent of all crimes". The low usage statistic was supported in a 1999 Department of Justice brief.
The legislation passed in September 1994 with the assault weapon ban section expiring in 2004 due to its sunset provision.

Provisions

The Public Safety and Recreational Firearms Act was enacted as part of the Violent Crime Control and Law Enforcement Act of 1994. The prohibitions expired on September 13, 2004.
The Act prohibited the manufacture, transfer, or possession of "semiautomatic assault weapons," as defined by the Act. "Weapons banned were identified either by specific make or model, or by specific characteristics that slightly varied according to whether the weapon was a pistol, rifle, or shotgun". The Act also prohibited the manufacture of "large capacity ammunition feeding devices" except for sale to government, law enforcement or military, though magazines made before the effective date were legal to possess & transfer. An LCAFD was defined as "any magazine, belt, drum, feed strip, or similar device manufactured after the date that has the capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition".
The Act included a number of exemptions and exclusions from its prohibitions:
In 1989, the George H. W. Bush administration had banned the importation of foreign-made, semiautomatic rifles deemed not to have "a legitimate sporting use." It did not affect similar but domestically-manufactured rifles. Following the enactment of the Federal Assault Weapons Ban, the ATF determined that "certain semiautomatic assault rifles could no longer be imported even though they were permitted to be imported under the 1989 'sporting purposes test' because they had been modified to remove all of their military features other than the ability to accept a detachable magazine" and so in April 1998, it "prohibited the importation of 56 such rifles, determining that they did not meet the 'sporting purposes test.'"

Definition of assault weapon

Under the Assault Weapons Ban of 1994, the definition of "assault weapon" included specific semi-automatic firearm models by name, and other semi-automatic firearms that possessed two or more from a set certain features:
with 32-round magazine; a semi-automatic pistol formerly classified as an assault weapon under federal law.
The law also categorically banned the following makes and models of semi-automatic firearms and any copies or duplicates of them, in any caliber:
Name of firearmPreban federal legal status
Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs Imports banned in 1989*
Action Arms Israeli Military Industries UZI and GalilImports banned in 1989*
Beretta AR-70 Imports banned in 1989*
Colt AR-15Legal
Fabrique National FN/FAL, FN-LAR, FNCImports banned in 1989*
SWD M-10, M-11, M11/9, M12Legal
Steyr AUGImports banned in 1989*
INTRATEC TEC-9, TEC-DC9, TEC-22Legal
Revolving cylinder shotguns such as the Street Sweeper and Striker 12Legal

Cosmetic features

advocates and gun rights advocates have referred to at least some of the features outlined in the federal Assault Weapon Ban of 1994 as cosmetic. The NRA Institute for Legislative Action and the Violence Policy Center both used the term in publications that were released by them in September 2004, when the ban expired. In May 2012, the Law Center to Prevent Gun Violence said that "the inclusion in the list of features that were purely cosmetic in nature created a loophole that allowed manufacturers to successfully circumvent the law by making minor modifications to the weapons they already produced." The term was repeated in several stories after the 2012 Aurora, Colorado shooting and the Sandy Hook Elementary School shooting. Senator Marco Rubio cited that issue during a town hall forum, responding to questions from survivors of the 2018 Stoneman-Douglas High School shooting in Parkland, Florida.

Legal challenges

Several constitutional challenges were filed against provisions of the ban, but all were rejected by the courts. There were multiple attempts to renew the ban, but none succeeded.
A February 2013 Congressional Research Service report to Congress said that the "Assault Weapons Ban of 1994 was unsuccessfully challenged as violating several constitutional provisions" but that challenges to three constitutional provisions were easily dismissed. The ban did not make up an impermissible bill of attainder. It was not unconstitutionally vague. Also, it was ruled to be compatible with the Ninth Amendment by the Ninth Circuit Court of Appeals.
Challenges to two other provisions took more time to decide.
In evaluating challenges to the ban under the Commerce Clause, the court first evaluated Congress's authority to regulate under the clause and then analyzed the ban's prohibitions on manufacture, transfer, and possession. The court held that "it is not even arguable that the manufacture and transfer of 'semiautomatic assault weapons' for a national market cannot be regulated as activity substantially affecting interstate commerce." It also held that the "purpose of the ban on possession has an 'evident commercial :wikt:nexus#Noun|nexus'".
The law was also challenged under the Equal Protection Clause. It was argued that it banned some semi-automatic weapons that were functional equivalents of exempted semi-automatic weapons and that to do so, based upon a mix of other characteristics, served no legitimate governmental interest. The reviewing court held that it was "entirely rational for Congress... to choose to ban those weapons commonly used for criminal purposes and to exempt those weapons commonly used for recreational purposes." It also found that each characteristic served to make the weapon "potentially more dangerous" and were not "commonly used on weapons designed solely for hunting."
The Federal Assault Weapons Ban was never directly challenged under the Second Amendment. Since its 2004 expiration, there has been debate on how the ban would fare in light of cases decided in following years, especially District of Columbia v. Heller.

Effects

Overall crime

A 2017 review found that the ban did not have a significant effect on firearm homicides.
A 2014 study found no impacts on homicide rates with an assault weapon ban. A 2014 book published by Oxford University Press noted that "There is no compelling evidence that saved lives".
A 2013 study showed that the expiration of the FAWB in 2004 "led to immediate violence increases within areas of Mexico located close to American states where sales of assault weapons became legal. The estimated effects are sizable... the additional homicides stemming from the FAWB expiration represent 21% of all homicides in these municipalities during 2005 and 2006."
In 2013, Christopher S. Koper, a criminology scholar, reviewed the literature on the ban's effects and concluded that its effects on crimes committed with assault weapons were mixed due to its various loopholes. He stated that the ban did not seem to affect gun crime rates, and suggested that it might have been able to reduce shootings if it had been renewed in 2004.
In 2004, a research report commissioned by the National Institute of Justice found that if the ban was renewed, the effects on gun violence would likely be small and perhaps too small for reliable measurement, because rifles in general, including rifles referred to as "assault rifles" or "assault weapons", are rarely used in gun crimes. That study, by the Jerry Lee Center of Criminology, University of Pennsylvania, found no significant evidence that either the assault weapons ban or the ban on magazines holding more than 10 rounds had reduced gun murders. The report found that the share of gun crimes involving assault weapons had declined by 17 to 72 percent in the studied localities. The authors reported that "there has been no discernible reduction in the lethality and injuriousness of gun violence, based on indicators like the percentage of gun crimes resulting in death or the share of gunfire incidents resulting in injury." The report also concluded that it was "premature to make definitive assessments of the ban's impact on gun crime," since millions of assault weapons and large-capacity magazines manufactured prior to the ban had been exempted and would thus be in circulation for years following the ban's implementation.
In 2003, the Task Force on Community Preventive Services, an independent, non-federal task force, examined an assortment of firearms laws, including the AWB, and found "insufficient evidence to determine the effectiveness of any of the firearms laws reviewed for preventing violence." A review of firearms research from 2001 by the National Research Council "did not reveal any clear impacts on gun violence outcomes." The committee noted that guns were relatively rarely used criminally before the ban and that its maximum potential effect on gun violence outcomes would likely be very small.
In relation to a 2001 study the National Research Council in 2005, stated "evaluation of the short-term effects of the 1994 federal assault weapons ban did not reveal any clear impacts on gun violence outcomes."
Research published by John Lott in 1998 found no impact of these bans on violent crime rates. Koper, Woods, and Roth studies focus on gun murders, while Lott's look at murder, rape, robbery, and aggravated assaults. Unlike their work, Lott's research accounted for state assault weapon bans and twelve other different types of gun control laws.

Mass shootings

A 2019 DiMaggio et al. study looked at mass shooting data for 1981 to 2017 and found that assault rifles accounted for 430 or 85.8% of the total 501 mass-shooting fatalities reported in 44 mass-shooting incidents, and that mass-shooting fatalities were 70% less likely to occur during the federal ban period.
A 2018 Rand review found two studies that looked at the impact of assault weapons laws, including the 1994 federal law, on mass shootings that controlled for other factors which affected mass shootings. The results were inconclusive with the 2015 Gius study showing an impact while the other study did not.
A study by Mark Gius, professor of economics at Quinnipiac University, studied the law's impact on public mass shootings. Gius defined this subset of mass shootings as those occurring in a relatively public place, targeted random victims, were not otherwise related to a crime, and that involved four or more victim fatalities. Guis found that while assault weapons were not the primary weapon used in this subset of mass shootings, fatalities and injuries were statistically lower during the period the federal ban was active. The 2018 Rand analysis noted that the federal law portion of this analysis lacked a comparison group.
A 2015 study found a small decrease in the rate of mass shootings followed by increases beginning after the ban was lifted. The same report also noted that all mass shootings in Australia occurred before the 1996 National Firearms Agreement which placed tight control on semi-automatic and fully automatic weapons. However, since the report's publication, there have been two mass shooting events in Darwin and Osmington in Australia.
Even with this ban in place, the Columbine High School massacre, using weapons banned under the law or otherwise illegal under other federal law, took place.

Economic

A 2002 study by Koper and Roth found that around the time when the ban became law, assault weapon prices increased significantly, but the increase was reversed in the several months afterward by a surge in assault weapons production that occurred just before the ban took effect. John Lott found that the bans may have reduced the number of gun shows by over 20 percent.

Efforts at renewal

The assault weapons ban expired on September 13, 2004. Legislation to renew or replace the ban was proposed numerous times unsuccessfully.
Between May 2003 and June 2008, U.S. Senator Dianne Feinstein, D-CA, and Representatives Michael Castle, R-DE, Alcee Hastings, D-FL, and Mark Kirk, R-IL, introduced bills to reauthorize the ban. At the same time, Senator Frank Lautenberg, D-NJ, and Representative Carolyn McCarthy, D-NY, introduced similar bills to create a new ban with a revised definition for assault weapons. None of the bills left committee.
After the November 2008 election, the website of President-elect Barack Obama listed a detailed agenda for the forthcoming administration. The stated positions included "making the expired federal Assault Weapons Ban permanent." Three months later, newly sworn-in Attorney General Eric Holder reiterated the Obama administration's desire to reinstate the ban. The mention came in response to a question during a joint press conference with DEA Acting Administrator Michele Leonhart, discussing efforts to crack down on Mexican drug cartels. Attorney General Holder said that "there are just a few gun-related changes that we would like to make, and among them would be to reinstitute the ban on the sale of assault weapons."
Efforts to pass a new federal assault weapons ban were made in December 2012 after the Sandy Hook Elementary School shooting, in Newtown, Connecticut. On January 24, 2013, Senator Feinstein introduced, the Assault Weapons Ban of 2013. The bill was similar to the 1994 ban, but differed in that it would not expire after 10 years, and it used a one-feature test for a firearm to qualify as an assault weapon rather than the two-feature test of the defunct ban. The GOP Congressional delegation from Texas and the NRA condemned Feinstein's bill. On March 14, 2013, the Senate Judiciary Committee approved a version of the bill along party lines. On April 17, 2013, AWB 2013 failed on a Senate vote of 40 to 60.