As she seems to do every year, Senator Diane Feinstein dusted-off her “assault weapon” ban bill and re-introduced it.
Normally, we roll our eyes and hope that our elected officials aren’t crazy enough to try and take away a fundamental right.
However, this year, we are particularly worried. Why?
First, the Democrats control the House, the Senate, and the Presidency so it would be fairly easy for them to ram through whatever legislation they want.
Second, anti-gun bills like the HR 8 Bipartisan Universal Background Checks Act of 2021 and HR 1446 the Enhanced Background Checks Act of 2021 are already making progress through the legislature.
Third, instead of just re-using the same failed attempt each year with effectively the same language from the 1996 Assault Weapon Ban, she has gone MUCH further with this latest gun-grab attempt and has made it worse.
In this overview of the 2021 Assault Weapon Ban bill, we’re going to explore what it proposes to ban and even some good news (if you can call it that) in the exemptions.
- Assault Weapons (generally)
- Assault Weapons Ban Bill of 2021 Introduced
- What Firearms/Items the AWB of 2021 Bans
- New Firearm Definitions
- Firearms Banned by Feinsteins AWB of 2021
- Magazines Banned
- Other Requirements of the 2021 AWB
- Assault Weapon Ban Exemptions
- What you Can Do About the 2021 Assault Weapon Ban
We don’t like the term “assault weapons.”
This isn’t just because it drives anti-gunners into a gun-hating frenzy. It’s also because the term is not accurate.
And, unlike some, we prefer to speak in facts and accurate terms.
First, the term “assault weapon” seems to give an impossible characteristic to an inanimate object. No inanimate object can assault anybody.
For example, any knife could be used to assault someone, however, the knife is not an “assault knife.” Instead, an assaulter (a person) used a tool (a knife) to assault someone. Likewise, drunk driving cars don’t exist. We have drunk drivers, who happen to use cars to injure themselves and others.
Second, if we do try to define the term “assault weapon,” we typically end up with the military definition which includes a medium-caliber fully-automatic (machine gun) rifle. Whenever an anti-gunner refers to an “assault weapon,” it is clearly not one of these.
But…. it’s the term that has stuck so we’ll use it….. begrudgingly.
During the Clinton era, we had an assault weapons ban (AWB). The ban, which sunset (expired) in the early 2000s, restricted the sale and ownership of certain rifles. Typically, these were AR-15 style rifles that had certain characteristics. So, under the federal AWB, an AR-15 could be used (same firearm/mechanism/ammo/etc.) but, the stock couldn’t collapse (somehow this made it more dangerous?) and it couldn’t have a bayonet lug (you know, to stop those drive-by bayonettings).
Some states have their own versions of AWBs and they typically include a features-based prohibition (collapsible stock, pistol grip, magazine capacity, etc.), and sometimes they also include a list of specific firearms by name.
ASSAULT WEAPON BAN OF 2021 INTRODUCED
From Senator Feinstein’s Press release: “Senator Dianne Feinstein (D-Calif.) and Congressman David N. Cicilline (D-R.I.) today introduced the Assault Weapons Ban, an updated bill to ban the sale, transfer, manufacture and importation of military-style assault weapons and high-capacity ammunition magazines, like were used in the massacre in Dayton, Ohio, where the shooter had a 100-round magazine attached to an assault rifle.”
This assault weapons ban is very similar to prior bans, however, it goes a bit further in that it also bans certain non-firearm objects.
Senator Feinstein said, “It’s been 17 years since the original Assault Weapons Ban expired, and the plague of gun violence continues to grow in this country. To be clear, this bill saves lives. When it was in place from 1994-2004, gun massacres declined by 37 percent compared with the decade before. After the ban expired, the number of massacres rose by 183 percent. We’re now seeing a rise in domestic terrorism, and military-style assault weapons are increasingly becoming the guns of choice for these dangerous groups. I’m hopeful that with the new administration and Democratic control of the Senate, we can finally pass commonsense gun reforms to remove these deadly weapons from our communities.”
Congressman Cicilline said, “Assault weapons are designed for a single purpose – to kill as many people as possible in as short an amount of time as possible. That’s why they are the weapon of choice for mass shooters and domestic terrorists. They are weapons of war and do not belong in our communities,” said Congressman Cicilline.“Banning these weapons will make our cities and towns safer and more secure and help to reduce gun deaths.”
First, these so-called “assault weapons” are the most popular firearm in America.
Let’s assume for a second that their existence is why we have mass shootings (it’s not). If that is their belief, then why would they only ban new ones and grandfather existing ones (see below)?
The most common rifle in America is, by far, the AR-15. This bill does nothing to address the vast majority of rifles in America. Now don’t get me wrong… we’re VERY HAPPY that they aren’t going after existing rifles. We’re just pointing out the absurdity of this ban and how it won’t achieve what they’re proposing it will.
Second, and a reason why the first point is moot, “assault weapons” are not why we have mass murder. If they were, then how do you explain the Virginia Tech mass shooting, the Ft. Hood shooting, the 9/11 hijackers, the Boston Bombers, etc? These tragedies took place with the use of handguns, box cutters/airplanes, and pressure-cookers.
Banning objects will never work.
In fact, there’s a strong correlation to be made that these mass-shootings ONLY happen where guns are banned.
Also, gun violence DROPPED after the last federal assault weapon ban expired (it actually peaked during the ban) and less than 2% of firearms used in crimes are affected by this ban as a DOJ report shows.
WHAT IS BANNED BY THE ASSAULT WEAPONS BILL OF 2021?
The Assault Weapons Ban of 2021 would effectively ban all AR and AK-style rifles as we know them, magazines with a capacity over 10 rounds, semi-auto shotguns with certain features, pistols with threaded barrels (among other features), pistol braces, and much more.
The ban, in its current state, will not affect those who currently own the banned firearms/magazines. However, these firearms/magazines will no longer be allowed to be made, nor imported, except for exempted law enforcement/government purposes.
This means that the firearms/magazines that are banned by the bill will be “grandfathered.” That is, if you possessed them before the ban goes into effect, you may keep them.
The banned firearms may be sold in accordance with special rules (see below) but the magazines may not – if you don’t possess the magazines before the ban goes into effect, it will be illegal for you to purchase them after.
For the other items on the proposed ban, it is not yet clear whether they will be “grandfathered.” For example, much like the current rule-making that banned bump-fire stocks and required their destruction or surrender, the same may be true for the stock and pistol braces banned below.
NEW DEFINITIONS IN THE AWB OF 2021
The first part of the Assault Weapon Ban Bill of 2021 adds some new definitions for firearms into federal law.
If you didn’t already know, much of the nuances of laws come down to the definitions.
Because the AWB bill bans certain semiautomatic pistols and shotguns, definitions for each are to be added to 18 USC 921(a). The definitions are fairly straightforward.
The definitions that are really important are the added terms “Semiautomatic Assault Weapon” and “Large Capacity Ammunition Feeding Device.”
FIREARMS BANNED BY THE ASSAULT WEAPON BILL OF 2021
The AWB bill proposes to ban “assault weapons” based on a firearms features, name, and functioning. If someone lawfully possesses one of these firearms on the day this bill becomes law, they are allowed to keep them and they may even sell them.
However, all new versions of these firearms after the bill becomes law can only be imported, or made for law enforcement of government purposes.
The following would become “Assault weapons” if the bill becomes law and therefore banned:
Features-Based Firearm Ban:
- Semi-auto rifles that can accept a detachable magazine AND which have ONE of the following:
- Pistol grip,
- Forward grip,
- Folding, telescoping, or detachable stock,
- Grenade launcher,
- Barrel shroud, or
- Threaded barrel
- Semi-auto rifles with a fixed magazine capacity greater than 10 rounds (except for .22 rimfire)
- Semi-auto pistols that accept a detachable magazine and which have ONE of the following:
- Threaded barrel,
- Second pistol grip,
- Barrel shroud,
- Ability to accept magazine outside pistol grip,
- Semi-auto version of an automatic firearm,
- Weight greater than 50 ounces unloaded, or
- Stabilizing brace
- Semi-auto shotguns without a fixed magazine that have any ONE of the following (*NOTE: it was odd to us that they used the term “without a fixed magazine” instead of “that can accept a detachable magazine”):
- Folding, telescoping, or detachable stock,
- Pistol grip or “bird’s head” grip,
- Fixed magazine capacity of more than 5 rounds, (*NOTE: yes, you read that right. They just added a “fixed magazine” as a feature that would make a shotgun banned only if it doesn’t have a “fixed magazine”)
- Ability to accept a detachable magazine,
- forward grip, or
- grenade launcher (*NOTE: sorry, all those semi-auto shotguns with grenade launchers are now banned)
- Shotguns with revolving cylinders
- Semi-auto firearms that are belt-fed
Summary: The old Clinton-era Assault Weapon ban required TWO features for a semi-auto rifle to be an “assault weapon” whereas this ban lowers that to ONE feature. This means an AR-style rifle with a pistol grip alone is banned.
Additional items of note are semi-auto pistols with threaded barrels, pistol braces (we expected that this was coming), and semi-auto shotguns with ANY “scary features,”
Banned Firearms by Style
The Assault Weapon Ban of 2021 proposes to ban a long list of rifles, pistols, and shotguns by style, and it specifically calls out many firearms by make and model. However, unlike previous bans where the firearms were only banned by name, this bill bans:
- All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof
This means that a name-change or minor feature change alone is not enough. If a firearm is not on the list but it is a variant with the same capability, it will also be banned.
The list, which starts on page 4 of the bill, includes:
Rifles such as: AK-style rifles, AR-style rifles, as well as other similarly purposed rifles like the IWI Tavor, and the Ruger Mini14. It also includes much bigger rifles, by name, like the Barrett M107.
Pistols such as: AK-style pistols and AR-style pistols.
Shotguns such as: Saiga shotguns, Striker 12, and Franchi SPAS 12
Banned Firearm Parts
The bill proposes to ban parts that will increase a firearms rate of fire.
This includes things like bump-fire stocks (which are already banned… thanks to the NRA and Trump) and trigger cranks. However, it invites the question: does a better trigger increase a firearms rate of fire?
MAGAZINES BANNED BY THE FEINSTEIN ASSAULT WEAPONS BAN BILL OF 2021
Another definition added by Feinstein’s Bill is “large capacity ammunition feeding device.” These “high-capacity” magazines, that we call standard-capacity magazines, will be banned on the day this becomes law. If you already possess one of these magazines when the bill becomes law, you may legally keep them. However, unlike the firearms above, there are no sales of these allowed after (if) the bill becomes law.
A “large capacity ammunition feeding devices” is:
“a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition”
The definition does NOT include attached tubular magazines for .22 rimfire.
OTHER REQUIREMENTS OF THE AWB 2021
Among banning many objects, the Assault Weapons Ban of 2021 also adds a new requirement, and provisions.
The AWB 2021 will require that these newly defined “assault weapons” be stored using a safety device, such as a trigger lock, or secure gun storage. The bill specifically defines that “stored” refers to any time a firearm is not in the direct control of the possessor, or in the immediate vicinity where it could readily be in the direct control of the possessor. Effectively, you walk away from it and it has to be stored properly.
All “assault weapons” made after this bill becomes law will need to have the date of manufacture engraved into the receiver of the firearm. All “large capacity ammunition feeding devices” made after this bill becomes law will also need markings engraved or stamped AND a serial number.
EXEMPTIONS TO THE ASSAULT WEAPONS BILL
Feinstein’s Assault Weapons Ban exempts more than 2,200 firearms by name and it includes a grandfather clause that exempts all current owners (those that owned prior to the bill taking effect) of the banned firearms/magazines.
Also, FFLs are exempt from the ban on these firearms as they can still buy, possess, make, and sell “assault weapons” to law enforcement. If you’re thinking about getting your FFL, you should consider starting the process to getting your FFL now so that you can get it in time.
In addition to being exempt from gun-control legislation like this, you can also have access to other firearms you wouldn’t normally be able to have (or make) like full-auto machine guns.
If this sounds good to you, check out RocketFFL’s How to Get Your FFL Course, which guides you through everything you need to know to get your FFL the right way.
If you’re wondering why I recommend that course, it’s because I’m the teacher. ????
WHAT YOU CAN DO ABOUT THE AWB 2021
First and foremost, be an advocate against gun control.
Call and write your representatives explaining how this ban won’t accomplish what it intends to and it will only infringe on the rights of law-abiding citizens.
Also, please consider supporting advocacy groups. As of today, this also means supporting the Firearms Policy Coalition.
I will not be giving any support or money to the NRA until they make some SERIOUS changes to their organization. In my opinion, they are directly responsible for the current ban on bump-fire stocks and they are not demonstrating advocacy for Second Amendment rights.
The NRA, after taking serious criticism for supporting gun control by rule-making, explained that they were playing chess and not checkers, and stated that they supported gun control as a compromise to avoid another “assault weapons” ban. I was a strong voice against this at the time, explaining that their stance was absurd.
The NRA could never get the Democrats to agree not to introduce an assault weapons ban in exchange for rolling over on bump-fire stocks.
They can introduce a ban whenever they like… and they just did.
In addition to fighting this, and getting your FFL to be exempt from the weapons ban, you might want to stock up on some of these items now – if this bill takes effect, you won’t be able to get them later.
Here’s a collection of deals we found for you:
ASSAULT WEAPON BAN FAQ
A: Technically, there is no such thing as an “assault weapon.” However, the term “assault weapon” is often used to refer to AR and AK-style rifles.
A: The assault weapon ban bill of 2021 bans AR and AK-style rifles, certain semi-auto handguns and shotguns, and accessories like pistol braces.
A: No, the assault weapon ban bill does not contain provisions for confiscations or “buybacks.” Instead, all firearms that would be banned by the bill but are lawfully possessed if/when the bill becomes a law will be “grandfathered.”
A: Yes, magazines with a capacity of over 10 rounds of ammunition (sometimes called “high capacity magazines”) will be banned. Currently owned magazines will be allowed to be kept but not sold or purchased.
September 28, 2022
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September 10, 2022