About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 1 (August 4, 2022)

handle is hein.crs/govejby0001 and id is 1 raw text is: Congre &conaI Resedrch Ser/c<
hnorming Ahej lgs ive debate s 'ne 1914

Updated August 4, 2022
House-Passed Assault Weapons Ban of 2022 (H.R. 1808)

On July 29, 2022, the House passed the Assault Weapons
Ban of 2022 (H.R. 1808) by a recorded vote, 217-213 (Roll
no. 410). This bill would prohibit the importation, sale,
manufacture, transfer, or possession of certain firearms
classified as semiautomatic assault weapons (SAWs). It
would also ban large capacity ammunition feeding devices
(LCAFDs), or magazines and other devices that can hold
and/or feed more than 15 rounds of ammunition into a
firearm. Supporters of the bill believe that it may curtail the
availability of firearms and devices that have contributed to
the deadliness of recent mass public shootings, particularly
AR-15-type rifles. Opponents of the bill maintain that AR-
15 rifles are functionally no deadlier than other
semiautomatic rifles.
Semiautomatic v. Full Auto
Self-loading firearms come in two variants: semiautomatic
and fully automatic. Semiautomatic firearms redirect some
of the energy of a fired round of ammunition to eject a
spent casing and chamber a fresh round. Semiautomatic
firearms can be fired continuously, but only shoot one
round per trigger pull. They are not machineguns, which are
fully automatic and fire multiple rounds while the trigger is
pulled back until the available ammunition is spent or the
trigger is released. All modern firearms capable of firing
self-contained, fixed ammunition (casing, primer,
propellant, and projectile(s)) are regulated under the Gun
Control Act of 1968 (GCA, 18 U.S.C. §§921 et seq.).
Semiautomatic firearms are generally regulated under the
GCA. Machineguns, short-barreled rifles and shotguns
(some of which are semiautomatic), as well as smoothbore
handguns are further regulated under the 1934 National
Firearms Act (NFA; 26 U.S.C. §§5801 et seq.).
What Are Assault Weapons?
According to many firearms experts, assault rifles were
developed during World War II to provide a lighter infantry
shoulder arm that could fire more rounds, more rapidly, and
more easily. To increase capacity of fire, detachable, self-
feeding magazines were incorporated into these rifles.
Many were configured with a select fire feature that
allowed them to be fired in fully automatic mode, in short
bursts (such as three rounds per pull of the trigger), or in
semiautomatic mode (one round per pull of the trigger).
Mid-size rifle cartridges were adopted, so more ammunition
could be carried, and the ammunition loads would be
lighter. Mid-size rifle rounds reduce the recoil or kick,
making such rifles easier to handle and keep on target. Ease
of handling was further enhanced by gas-operated actions
that redirect gases of a fired round from a barrel port, back
through a tube, and into the firearm receiver and action,
activating the bolt carrier and trigger assemblies. Hence, it
makes the firearm action more efficient and reduces muzzle

climb. Some gun experts argue that all true assault weapons
are at least fully automatic-that is, machineguns.
The two semiautomatic firearms most widely available to
the American public that could be considered variants of
military-issued assault weapons would be the Armalite
(AR) and Avtomat Kalashnikova (AK) rifles. AR-type
firearms are most often chambered for 5.56x45mm
cartridges, a small caliber, high velocity round that was
based on a civilian cartridge, .223 Remington. It is notable
that the AR-15 is modular in design and can be outfitted
with upper receivers and barrels that can accommodate a
wider variety of cartridges, from .22 long rifle to .308
Winchester. AK-type firearms are generally chambered for
7.62x39mm cartridges, the round normally associated with
AK-47s. In response to the American 5.56x45mm cartridge,
the Soviet Union developed a comparable small caliber,
high velocity cartridge, 5.45x39mm. In fully automatic fire,
an AR-15 firearm in the hands of a well-trained shooter has
an effective firing rate of 100 to 150 shots-per-minute
(spin), and in semiautomatic fire, 45 to 65 spin. In full
automatic fire, an AK-47 has an effective firing rate of 100
spin, and in semiautomatic fire, 40 spin. The Soviets also
produced an AK-type firearm chambered for 12 gauge shot
shells, a shotgun known as the Saiga.
Expired I 994.2OO4 SAW-LCAFD Ban v. H.R. 1808
Under the Violent Crime Control and Law Enforcement Act
of 1994 (P.L. 103-322), Congress enacted a 10-year ban on
the possession, transfer, and further domestic manufacture
of SAWs and LCAFDs. Under the now-expired ban, SAWs
were defined in two ways. First, certain firearms, or copies
or duplicates of those firearms in any caliber, were defined
as SAWs by make (in most cases) and model (e.g., the Colt
AR-15 rifle, INTRATEC TEC-9 pistol, or revolving
cylinder shotguns similar to the Street Sweeper). Second,
other firearms were defined as SAWs if they included any
two of several specified characteristics. For example, a rifle
met the SAW definition if it was able to accept a detachable
magazine and included two or more of the following five
features: (1) a folding or telescoping stock; (2) a pistol grip
that protruded conspicuously below the action of the
firearm; (3) a bayonet mount; (4) a muzzle flash suppressor
or threaded barrel capable of accepting such a suppressor;
or (5) a grenade launcher. There were similar definitions for
pistols and shotguns classified as SAWs. The expired
LCAFD ban also prohibited detachable magazines with a
capacity to hold more than 10 rounds. SAWs and LCAFDs
that were legally possessed prior to the date of enactment
were exempted from the ban and remained legally
transferrable under applicable federal and state laws.
Arguably, however, the U.S. firearms industry quickly
adapted by removing the requisite number of offending