Dan Brown
(brownd@uchastings.edu)
This document is provided for informational purposes only. The
author is not an attorney, and this does not constitute legal
advice in any way. The author has made reasonable efforts to verify
the information contained in this document, but accepts no liability
for any errors or omissions. Any opinions in this document are
solely those of the author, and do not represent the opinions
of the State of California, the University of California, Hastings
College of the Law, or any other person, group, or entity.
The " Violent Crime Control and Law Enforcement Act of 1994,"
Public Law 103-322, was signed into law by President Bill Clinton
on September 13, 1994. Intended as a comprehensive violent crime
reduction program, it contains a broad range of provisions, including
a few related to firearms.
Lots of things, but two are particularly relevant to the firearms
community. First, it outlaws new civilian manufacture of "semi-automatic
assault weapons." Second, it prohibits new civilian manufacture
of "large capacity ammunition feeding devices" (LCAFDs).
A LCAFD includes several things, but the most common definition
is a magazine which holds more than 10 rounds. A 10-round magazine
is not an LCAFD; an 11-round magazine is. Tubular magazines in
.22 rimfire calibers are specifically exempted. Magazines of any
capacity made before September 13, 1994, are not LCAFDs. As defined
in the Crime Bill, it seems that only complete magazines are considered,
and not magazine parts-it would therefore theoretically be legal
for a company to sell any magazine parts, or even magazine kits.
It is, however, reasonable to expect that ATF would take a very
dim view of such activity. See the statutory appendix (18 U.S.C. sec. 921 (a) (31))
for the complete definition.
This is a little trickier, because there are several ways that
a gun can become a "semi-automatic assault weapon."
Certain listed firearms are defined by name as assault weapons
(see the statutory appendix at 18 U.S.C. sec. 921 (a) (30)
for the list), as well as guns with certain features.
A semiautomatic rifle is an "assault weapon" if it can
accept a detachable magazine and has two or more of the following:
A semiautomatic shotgun is an "assault weapon" if it
has two or more of the following:
A semiautomatic pistol is an "assault weapon" if it
can accept a detachable magazine and has two or more of the following:
In a word, no. At some point during the Bill's progress through
Congress, someone came up with the bright idea of adding a list
of guns that wouldn't be banned. The final version of the Bill
does contain this list, and it does contain more than 650 different
firearms. However, its actual effect is non-existent. First, only
86 of the firearms on the list are semi-automatics, leaving 575
that cannot, by definition, be "semi-automatic assault weapons."
Second, the listed firearms are exempted only "as manufactured
on October 1, 1993"-that means they can't be modified and
retain their exempt status. Of the 86 semi-automatics on the list,
the number that would have been banned but for the list is (drum
roll please) Zero! The sole purpose of having the
list was to provide sound-bite fodder about "protecting the
right to own over 650 types of sporting firearms." By the
way, nothing in the Crime Bill prevents those firearms from being
banned by other legislation, either.
You can keep any "assault weapons" and high-capacity
magazines you had before the ban. You can sell them, and buy other
pre-ban "assault weapons" and high-capacity magazines,
with no hassle beyond what goes with any gun purchase or sale.
You can modify your "assault weapons," even adding more
features from the above list. You should still be able to import
high-capacity magazines as before the ban, but there are some
serious problems here-namely, there's no way for ATF to know if
a foreign-made magazine was made before or after the ban. If you're
planning on importing high-capacity magazines, contact ATF for
the latest information.
You cannot manufacture an "assault weapon" or LCAFD
for civilian use. You cannot possess, buy, or sell a post-ban
"assault weapon" or LCAFD (unless you're an LEO or military).
You cannot modify a "non-assault weapon" or a non-LCAFD
to make an "assault weapon" or LCAFD.
OK, no problem.
This appendix contains the text of statutes that are either part of the Crime Bill, or relevant to it. They are found in Title 18, United States Code, Chapter 44, beginning with section 921.
The term "shotgun" means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of
the explosive in a fixed shotgun shell to fire through a smooth
bore either a number of ball shot or a single projectile for each
single pull of the trigger.
The term "rifle" means a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder and
designed or redesigned and made or remade to use the energy of
the explosive in a fixed metallic cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.
The term "semiautomatic rifle" means any repeating rifle
which utilizes a portion of the energy of a firing cartridge to
extract the fired cartridge case and chamber the next round, and
which requires a separate pull of the trigger to fire each cartridge.
The term "handgun" means--
(A) a firearm which has a short stock and is designed to be held
and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in
subparagraph (A) can be assembled.
The term "semiautomatic assault weapon" means--
(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as--
(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
(ii) Action Arms Israeli Military Industries UZI and Galil;
(iii) Beretta Ar70 (SC-70);
(iv) Colt AR-15;
(v) Fabrique National FN/FAL, FN/LAR, and FNC;
(vi) SWD M-10, M-11, M-11/9, and M-12;
(vii) Steyr AUG;
(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;
(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--
(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
(iii) 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;
(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
(v) a semiautomatic version of an automatic firearm; and
(D) a semiautomatic shotgun that has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess of 5 rounds; and
(iv) an ability to accept a detachable magazine.
The term "large capacity ammunition feeding device"--
(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but
(B) does not include an attached tubular device designed to accept,
and capable of operating only with, .22 caliber rimfire ammunition.
(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.
(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.
(3) Paragraph (1) shall not apply to--
(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993;
(B) any firearm that--
(i) is manually operated by bolt, pump, lever, or slide action;
(ii) has been rendered permanently inoperable; or
(iii) is an antique firearm;
(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or
(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in Appendix A shall not be construed to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from Appendix A so long as this subsection is in effect.
(4) Paragraph (1) shall not apply to--
(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);
(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or
(D) the manufacture, transfer, or possession of a semiautomatic
assault weapon by a licensed manufacturer or licensed importer
for the purposes of testing or experimentation authorized by the
Secretary.
(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.
(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.
(3) This subsection shall not apply to--
(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);
(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement; or
(D) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.
(4) If a person charged with violating paragraph (1) asserts that
paragraph (1) does not apply to such person because of paragraph
(2) or (3), the Government shall have the burden of proof to show
that such paragraph (1) applies to such person. The lack of a
serial number as described in section 923(i) of title 18, United
States Code, shall be a presumption that the large capacity ammunition
feeding device is not subject to the prohibition of possession
in paragraph (1).
The statutes included in this FAQ are from West Publishing's United
States Code, Annotated, and are copyright © 1996 by West
Publishing, Inc. No claim is made to original U.S. Government
works. The statutes are current as of March 29, 1996.
April 23, 1996: Corrected and clarified some statements regarding LCAFDs, added another example, and clarified an example.
March 29, 1996: Original document