Are so-called “Assault Weapons” Federally Banned in 2024?
As of today, there is no federal “assault weapons” ban.
The most recent federal “assault weapons” ban was enacted in 1994, but Congress allowed it to “sunset” (which basically means letting it expire) in 2004, ultimately deciding not to renew it in the face of challenges to its constitutionality and statistical inquiries that showed the ban had little to no effect on the rate of homicide in the US.
However, there has been a renewed effort in recent years to pass a new “assault weapons” ban, spearheaded by the Biden administration.
Recent bills often mirror the language found in the expired 1994 “assault weapons” ban, which considered firearms to be “assault weapons” if they had two or more features from a list that included everything from barrel shrouds to telescoping stocks.
But these new bills often go above and beyond the former federal “assault weapons” ban. The most recent bill introduced in Congress lists hundreds of firearms by name and considers any semi-automatic rifle capable of accepting a detachable magazine and one additional feature to be an “assault weapon.”
This potential legislation would not just ban all AR-platform and AK-platform rifles; it would ban any semiautomatic rifle with a detachable magazine and a pistol grip, among other features.
Moreover, this potential new “assault weapons” ban also encompasses hundreds of commonly owned handguns, including any with magazines holding more than 15 rounds, those that have threaded barrels, and all braced pistols.
These bans are blatant infringements of the Second Amendment, and it will take all the efforts of NAGR, NFGR, and our grassroots members to stop the disarmament of America.
How is the National Association for Gun Rights and the National Foundation for Gun Rights fighting back?
The National Association for Gun Rights, the NAGR Political Action Committee, and the National Foundation for Gun Rights work in tandem with one another to fight back against “assault weapons” bans across the country.
NAGR’s political team works diligently to stop “assault weapons” bans from becoming law at the state and federal levels, mobilizing our grassroots supporters to voice their opposition to legislators attempting to dismantle their constitutional rights.
NAGR provides resources to keep its members informed on upcoming bills, mobilizes grassroots gun owners to sign petitions against anti-gun legislation, engages its members in programs to contact legislators and voice their opposition, and organizes pro-gun activists to testify before legislatures attempting to ban “assault weapons.”
NAGR PAC also works proactively to find and elect candidates that are 100% pro-gun in order to keep new “assault weapons” bans from having any chance at becoming law.
To stay informed on how you can help us fight back against these bans in your state or at the federal level, sign up for NAGR’s email list, and follow us on YouTube and Twitter as well as other social media platforms.
When state-level “assault weapons” bans pass despite the thorough efforts of NAGR’s political team and PAC, the legal team at NFGR steps in to challenge their constitutionality in federal court.
Since 2022, NFGR has filed seven lawsuits challenging local and state governments that have passed laws banning commonly owned semiautomatic rifles and handguns and the standard capacity magazines these firearms utilize.
The landmark 2022 decision in NYSRPA v. Bruen built on previous Supreme Court precedent in District of Columbia v. Heller to establish the basis for judging gun laws on their constitutionality.
Under these simple tests, Heller and Bruen argue that the Second Amendment protects firearms commonly owned by peaceable citizens as long as they comply with its text, history, and tradition.
Any state wishing to ban these so-called “assault weapons” would have to prove that their regulations on firearms have historical analogues to justify them. As the Founders did not ban guns, and there is no historical analogue that would remotely justify a federal weapons ban of any type.
NFGR’s legal strategy has been to target “assault weapons” bans passed across the United States with the ultimate goal of bringing an “assault weapons” ban case to the Supreme Court.
You see, a Supreme Court “assault weapons” ban ruling, if it faithfully applies the standard laid out in the Bruen and Heller precedent, will serve to strike down these state-level bans across the country. It would also prevent a federal “assault weapons” ban from being enacted.
What would a federal “assault weapons” ban mean for you?
Should those who seek to strip you of your right to bear arms succeed, millions of law-abiding Americans would be turned into felons overnight?
If so, how many millions will be instant criminals? Would you be an instant criminal?
A recent study published in 2022 estimates that at least 24.6 million Americans own an AR-15 or similar rifle. Funny enough, that is only a few million weapons shy of the combined total of every standing army on the planet.
To put it plainly, the AR-15 is the most popular rifle in America – plain and simple, and a federal “assault weapons” ban would result in a massive percentage of the US population becoming criminals for an item they purchased legally.
These bans encompass not only firearms but also the standard-capacity magazines, which come standard with most “assault-style” weapons.
Many of the new “assault weapons” ban bills we see across the states impose a ban on magazines greater than 10-15 rounds. These magazines are also commonly owned in the United States.
This number represents 74% of the total detachable magazines in the civilian market.
While many of the new “assault weapons” bans passed at the state level have inserted grandfather clauses into the bill, these often come with additional requirements to put yourself on a state firearms registry or face misdemeanor and felony charges.
These grandfather clauses also generally prevent the transfer or sale of the firearm to anyone not an FFL, creating a total de facto ban on ownership of these firearms following the passing of the individuals who currently possess them.
It is up to grassroots gun owners to act now to prevent millions of Americans from becoming overnight felons and paint targets on their backs for rogue federal agencies like the ATF.
What are your options if a federal “assault weapons” ban passes?
It’s simple: the best defense is a good offense.
Should a federal “assault weapons” ban be in the cards, it will be imperative for grassroots gun owners to contact their legislators and tune in to NAGR updates to join the fight to protect the Second Amendment.
It is also vital to fight for strong laws protecting gun rights at the state level. The more states that pass legislation protecting the Second Amendment, the more uphill the fight will be to pass gun control at the federal level. An example would be the growing support for national constitutional carry due to its successful passage in over half of the states.
Should a federal “assault weapons” ban pass into law, the next step would be to file a lawsuit to challenge its constitutionality in the courts, as we have already done for many state-level bans.
U.S. Supreme Court Justice Clarence Thomas has already expressed that this is an issue the Court will need to address in a recent statement:
“It is difficult to see how the Seventh Circuit could have concluded that the most widely owned semiautomatic rifles are not ‘Arms’ protected by the Second Amendment…[I]f the Seventh Circuit ultimately allows Illinois to ban America’s most common civilian rifle, we can—and should—review that decision once the cases reach a final judgment. The Court must not permit ‘the Seventh Circuit [to] relegat[e] the Second Amendment to a second-class right.’”
If a federal “assault weapons” ban passed through Congress and were signed into law, SCOTUS would have no choice but to answer the questions of its constitutionality.
Under a faithful application of the Bruen standard, these bans are plainly unconstitutional.
However, the best way to maintain our freedoms is to stay politically active and ensure a federal “assault weapons” ban never passes in the first place.
What is the ultimate goal of a federal “assault weapons” ban?
A federal “assault weapons” ban is just the tip of the iceberg when it comes to the gun control goals of the Biden administration. They are also pushing for universal background checks to establish an illegal firearm registry, red flag laws to seize firearms without due process, bans on carry in “sensitive places,” and much, much more.
The end goal of the Biden administration is nothing short of the total disarmament of the civilian population, a goal which would make our Founding Fathers roll over in their graves.
For all of human history, governments have sought to disarm their people as the first step in the systematic destruction of liberty and human rights. The Second Amendment was enshrined in the Bill of Rights by the Founders to deter both tyrannical government and foreign invaders.
NAGR and NFGR will not stand idly by while anti-gun tyrants seek to strip us of our Second Amendment rights to keep and bear arms, but we need the support of every grassroots patriot and gun owner to ensure this never happens.
Disclaimer: This information is presented “as is” to benefit NAGR members and the public. Nothing here should be considered legal advice. Though we try to present accurate information, firearms laws, regulations, and court cases constantly change. Additionally, overlapping state and local policies may apply in your area. It is your responsibility to know and follow the law. NAGR makes no representation that any claim made here are current and accurate. Please speak with a qualified firearms attorney in your local jurisdiction for advice regarding firearm laws or your specific situation.
