View source for Assault weapon

{{Short description|Controversial term used in U.S. firearm legislation}}
{{About|firearms restricted by some United States laws|rifles capable of selective fire|Assault rifle|other uses|Assault weapon (disambiguation)}}
{{Pp-semi-indef}}
{{Use mdy dates|date=January 2016}}
[[File:AR-15 Sporter SP1 Carbine.JPG|thumb|upright=1.35|The [[Colt AR-15]] carbine is a [[semi-automatic rifle]] chambered for fixed [[centerfire ammunition]] that fires one round each time the trigger is pulled. This particular model (like most) features a [[pistol grip]], a [[flash suppressor]], and an [[telescoping stock|adjustable stock]].]]
{{USgunlegalbox}}

In the [[United States]], '''''assault weapon''''' is a controversial term applied to different kinds of [[firearm]]s.<ref name=Goode130116/> There is no clear, consistent definition. It can include [[semi-automatic firearm]]s with a detachable [[Magazine (firearms)|magazine]], a [[pistol grip]], and sometimes other features, such as a [[vertical forward grip]], [[flash suppressor]], or [[barrel shroud]].<ref name=Goode130116/><ref name=Babay121222/> Certain firearms are specified by name in some laws that restrict assault weapons.<ref name=Levs130131/> When the now-defunct [[Federal Assault Weapons Ban]] was passed in 1994, the [[U.S. Department of Justice]] said, "In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use."<ref name=Levs130131/> The commonly used definitions of assault weapons are under frequent debate, and have changed over time.<ref name=Goode130116/>

The origin of the term has been attributed to legislators, the firearms industry, [[Gun control in the United States|gun control]] groups,<ref name="Tartaro1995" /><ref name="GDBG2AWs2008" /><ref name="Blake130117"/> and the media.<ref name="Kauffman121218"/> It is sometimes used interchangeably with the term [[assault rifle]],<ref name="Poole">{{Cite book |last=Poole |first=Helen |title=Firearms: Global Perspectives on Consequences, Crime and Control |publisher=Routledge |year=2021 |pages=21}}</ref> which refers to [[selective fire]] rifles that use [[intermediate cartridge]]s.<ref name="Blake130117" /> This use has been described as incorrect and a misapplication of the term.<ref name="Poole" /><ref>{{cite web |first=Debbie |last=Lord |date=May 26, 2022 |url=https://www.wokv.com/news/trending/assault-weapon-vs-assault-rifle-what-is-difference/ERZB7FLQ4F6CTFHZ6SYBBCHERA/ |title=Assault Weapon vs. Assault Rifle: What Is the Difference? |website=[[WOKV-FM]] |access-date=June 3, 2022 |archive-date=September 28, 2022 |archive-url=https://web.archive.org/web/20220928032053/https://www.wokv.com/news/trending/assault-weapon-vs-assault-rifle-what-is-difference/ERZB7FLQ4F6CTFHZ6SYBBCHERA/ |url-status=live }}</ref> After the December 2012 [[Sandy Hook Elementary School shooting]], many news organizations ran stories about assault weapons, explaining their varying definitions and presenting varying opinions about whether they should be banned again at the federal level.<ref name=Goode130116>{{cite news |title=Even Defining 'Assault Rifles' Is Complicated |author=Goode, Erica |url=https://www.nytimes.com/2013/01/17/us/even-defining-assault-weapons-is-complicated.html?pagewanted=all |newspaper=The New York Times |date=January 16, 2013 |access-date=January 18, 2013}}</ref><ref name=Blake130117>{{cite news |last=Blake |first=Aaron |date=January 17, 2013 |title=Is It Fair to Call Them 'Assault Weapons'? |url=https://www.washingtonpost.com/blogs/the-fix/wp/2013/01/17/is-it-fair-to-call-them-assault-weapons/ |newspaper=The Washington Post |access-date=January 19, 2013}}</ref><ref name=Lallanilla130117>{{cite news |last=Lallanilla |first=Marc |date=January 17, 2013 |title=What Is an Assault Weapon? |url=https://www.foxnews.com/science/what-is-an-assault-weapon/ |publisher=Fox News Channel |access-date=January 19, 2013}}</ref>

==Definitions and usage==
{{Main|Assault weapons legislation in the United States}}

Drawing from federal and state law definitions, the term assault weapon refers primarily to [[semi-automatic rifle]]s, [[Semi-automatic pistol|pistols]], and [[Semi-automatic shotgun|shotguns]] that are able to accept detachable magazines and possess one or more other features.<ref name=Babay121222>{{cite news |last=Babay |first=Emily |date=December 22, 2012 |title=Confusion abounds: Just what is an 'assault weapon'? |url=http://articles.philly.com/2012-12-22/news/35955483_1_assault-weapons-assault-weapon-bans-fully-automatic-firearms |archive-url=https://web.archive.org/web/20130330013801/http://articles.philly.com/2012-12-22/news/35955483_1_assault-weapons-assault-weapon-bans-fully-automatic-firearms |url-status=dead |archive-date=March 30, 2013 |publisher=Philadelphia Media Network |access-date=December 28, 2012 }}</ref><ref name=BAW2004>{{cite web |author=<!--Staff writer(s); no by-line.--> |date=April 2004 |title=Banning Assault Weapons: A Legal Primer for State and Local Action |url=http://smartgunlaws.org/wp-content/uploads/2012/05/Banning_Assault_Weapons_A_Legal_Primer_8.05_entire.pdf |publisher=[[Law Center to Prevent Gun Violence|Legal Community Against Violence]] |access-date=December 27, 2012 |quote=Assault weapons are semiautomatic firearms designed with military features to allow rapid and accurate spray firing. |archive-date=October 21, 2013 |archive-url=https://web.archive.org/web/20131021205130/http://smartgunlaws.org/wp-content/uploads/2012/05/Banning_Assault_Weapons_A_Legal_Primer_8.05_entire.pdf |url-status=dead }}</ref><ref name=Koerner040916/> Some jurisdictions define revolving-cylinder shotguns as assault weapons.<ref name=SB23-2000>{{cite web |author=<!--Staff writer(s); no by-line.--> |year=2000 |title=Senate Bill 23 Assault Weapon Characteristics |url=http://oag.ca.gov/firearms/regs/genchar2 |website=oag.ca.gov |publisher=California DOJ |access-date=January 23, 2015}}</ref><ref name="ConnJudicial">{{cite web|url=https://www.cga.ct.gov/current/pub/chap_943.htm#sec_53-202a|title=Assault weapon|date=11 September 2018|website=Connecticut Law About Firearms|publisher=Connecticut General Statutes|access-date=11 September 2018}}</ref> Legislative definitions do not include fully automatic weapons, which are regulated separately as [[Title II weapons]] under federal law.<ref name=FedBan94/>{{refn|group=n|Title II weapons are heavily regulated by the [[National Firearms Act|National Firearms Act (NFA)]] of June 26, 1934, passed in response to infamous Prohibition era use of [[Thompson submachine gun]]s and [[M1918 Browning Automatic Rifle]]s.<ref name=Ballou>{{cite book |last=Ballou |first=James L. |year=2000 |title=''Rock in a Hard Place: The Browning Automatic Rifle'' |publisher=Collector Grade Publications Inc. |isbn=978-0-88935-263-6 |pages=77–79}}</ref>}} A key defining law was the now-defunct [[Federal Assault Weapons Ban]] of 1994.<ref name=FedBan94>{{cite web |author=103rd Congress |year=1994 |title=Public Safety and Recreational Firearms Use Protection Act, H.R.3355 |url=http://www.gpo.gov/fdsys/pkg/BILLS-103hr3355enr/pdf/BILLS-103hr3355enr.pdf |publisher=Government Printing Office |location=Washington, D.C. |pages=201–15 |access-date=January 27, 2013}}</ref> At that time, the [[United States Department of Justice]] said, "In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use."<ref name=Levs130131>{{cite news |last=Levs |first=Josh |date=January 31, 2013 |title=Loaded language poisons gun debate |url=http://www.cnn.com/2013/01/31/politics/gun-language/index.html |publisher=CNN |access-date=January 31, 2013 }}</ref>

Common attributes used in legislative definitions of assault weapons include:
* [[Semi-automatic firearm]] capable of accepting a [[Magazine (firearms)|detachable magazine]];<ref name=Koerner040916/><ref name=FedBan94/>
* [[Stock (firearms)#Folding stock|Folding]] or [[telescoping stock|telescoping (collapsible) stock]],<ref name=FedBan94/> which reduces the overall length of the firearm;<ref name=CQR041112>{{cite journal |last=Adams |first=Bob |date=November 12, 2004 |title=Gun Control Debate |url=http://library.cqpress.com/cqresearcher/document.php?id=cqresrre2004111200 |journal=CQ Researcher |volume=14 |issue=40 |pages=949–72 |access-date=December 3, 2013}}</ref>
* A [[pistol grip]] that protrudes beneath the [[action (firearms)|action]] of the weapon;<ref name=FedBan94/>
* [[Bayonet lug]],<ref name=FedBan94 /> which allows the mounting of a [[bayonet]];
* [[Threading (manufacturing)|Threaded]] barrel, which can accept muzzle devices such as a [[flash hider]], [[suppressor]],<ref name=FedBan94/> [[recoil compensator|compensator]] or [[muzzle brake]];
* [[Grenade launcher]];<ref name=FedBan94/>
* [[Barrel shroud]].<ref name=FedBan94/>

Dictionary definitions vary from legal definitions. Dictionary.com defines "assault weapon" as "any of various automatic and semiautomatic military firearms utilizing an [[intermediate cartridge|intermediate-power cartridge]], designed for individual use".<ref>Definition of [http://dictionary.reference.com/browse/assault+weapon?s=t "assault weapon"], Dictionary.com. Retrieved December 29, 2012.</ref> The ''Merriam-Webster Online Dictionary''{{'}}s definition is "any of various automatic or semiautomatic firearms; especially: assault rifle".<ref>Definition of [http://www.merriam-webster.com/dictionary/assault%20weapon "assault weapon"]. ''Merriam-Webster Online Dictionary''. Retrieved December 29, 2012.</ref>

===History of terminology===
The origin of the term is not clearly known and is the subject of much debate. In the past, the names of certain military weapons used the phrase, such as the [[Rifleman's Assault Weapon]], a grenade launcher developed in 1977 for use with the [[M16 rifle|M16]] assault rifle,<ref>''Jane's Infantry Weapons 1995–96'', p. 219.</ref> or the [[Shoulder-launched Multipurpose Assault Weapon]], a rocket launcher introduced in 1984.<ref name=AboutviaUSMC>{{cite web |author=<!--Staff writer(s); no by-line.--> |title=Marine Corps Fact File: Shoulder-Launched Multipurpose Assault Weapon (SMAW) |url=http://usmilitary.about.com/library/milinfo/marinefacts/blsmaw.htm |publisher=About.com |access-date=May 8, 2014 |archive-date=July 22, 2016 |archive-url=https://web.archive.org/web/20160722130950/http://usmilitary.about.com/library/milinfo/marinefacts/blsmaw.htm |url-status=dead }}</ref>

One of the earliest uses of the term, or a similar term, in its current meaning was as part of an advertisement in ''[[The Hutchinson News]]'' (Kansas) in 1978 for the [[KK 62|Valmets-7.62×39]], the [[Colt AR-15]], and the [[Terry carbine|Wilkinson Terry carbine]].<ref name=OED>{{Cite OED|Assault weapon}}</ref> Another was in a bill introduced by [[Art Agnos]] in the [[California State Assembly]] in April 1985 to ban semi-automatic "assault firearms" capable of using detachable magazines of 20 rounds or more.<ref name=Ingram850409>{{cite news |last=Ingram |first=Carl |date=April 9, 1985 |title=Restricting of Assault-Type Guns Okd by Assembly Unit |url=https://www.latimes.com/archives/la-xpm-1985-04-09-mn-27984-story.html |newspaper=Los Angeles Times |archive-url=https://web.archive.org/web/20131201034612/http://articles.latimes.com/1985-04-09/news/mn-27984_1_machine-guns |archive-date=December 1, 2013 |url-status=live }}</ref><ref name=Kavey851101>{{Cite magazine |last=Kavey |first=Fred |date=November 1, 1985 |title=California: gun control's primary target |magazine=Guns & Ammo Magazine }}</ref> Speaking to the Assembly Public Safety Committee, Agnos said, "The only use for assault weapons is to shoot people."<ref name=Ingram850409/> The measure did not pass when it came up for a vote.<ref name=Kavey851101/>

In 2013, ''[[The Washington Post]]'', looking into the history of the term, wrote of the term: "Many attribute its popularization to a 1988 paper written by gun-control activist and Violence Policy Center founder Josh Sugarmann and the later reaction to the [[Cleveland School massacre]] in Stockton, California, in January 1989."<ref name=Blake130117/> [[Josh Sugarmann|Sugarmann]] had written:

{{Quote|Assault weapons—just like armor-piercing bullets, machine guns, and plastic firearms—are a new topic. The weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons—anything that looks like a machine gun is assumed to be a machine gun—can only increase the chance of public support for restrictions on these weapons. In addition, few people can envision a practical use for these weapons.<ref name="AWA1988conc">{{cite web |last=Sugarmann |year=1988 |first=Josh |title=Assault Weapons and Accessories in America |url=http://www.vpc.org/studies/awaconc.htm |publisher=[[Violence Policy Center]] |access-date=February 26, 2005 }}</ref>}}

Other researchers have found evidence to suggest that the firearms industry itself may have introduced the term "assault weapon" to build interest in new product lines.<ref name=Richman130118>{{cite news |last=Richman |first=Josh |date=January 18, 2013 |title=Assault Weapons: What Are They, and Should They Be Banned? |url=http://www.mercurynews.com/nation-world/ci_22396050/assault-weapons-what-are-they-and-should-they |newspaper=San Jose Mercury News |access-date=January 19, 2013 |quote=In fact, the term was introduced by the gun industry itself to boost interest in new lines of firearms.}}</ref> Phillip Peterson, the author of ''Gun Digest Buyer's Guide to Assault Weapons'' (2008) wrote:

{{Quote|The popularly held idea that the term 'assault weapon' originated with anti-gun activists is wrong. The term was first adopted by manufacturers, wholesalers, importers and dealers in the American firearms industry to stimulate sales of certain firearms that did not have an appearance that was familiar to many firearms owners. The manufacturers and gun writers of the day needed a catchy name to identify this new type of gun.<ref name=GDBG2AWs2008>{{cite book |last=Peterson |first=Phillip |url=https://books.google.com/books?id=fd9Qc0neMjYC&pg=PA11|title=Gun Digest Buyer's Guide to Assault Weapons |year=2008 |publisher=Gun Digest Books |location=Iola, Wisconsin |isbn=978-0896896802 |page=11 }}{{dead link|date=October 2020}}</ref>}}

Meanwhile, many gun rights activists have put forward that the term was popularized by the media or gun control activists. Conservative writer [[Rich Lowry]] said that assault weapon is a "manufactured term".<ref name=LowryLegacy_p96>{{cite book |last=Lowry |first=Richard |year=2003 |title=Legacy: Paying the Price for the Clinton Years |url=https://archive.org/details/legacypayingpric00lowr|url-access=registration |publisher=Regnery Publishing |page=[https://archive.org/details/legacypayingpric00lowr/page/96 96] |isbn=978-0-89526-049-9}}</ref> Joseph P. Tartaro of the [[Second Amendment Foundation]] (SAF) wrote in 1994: "One of the key elements of the anti-gun strategy to gull the public into supporting bans on the so-called 'assault weapons' is to foster confusion. As stated previously, the public does not know the difference between a full automatic and a semi-automatic firearm."<ref name=Tartaro1995>{{cite web|last=Tartaro |first=Joseph P. |title=The Great Assault Weapon Hoax |url=http://www.saf.org/LawReviews/Tartaro1.htm |work=University of Dayton Law Review |volume=20 |issue=2: Symposium, Violent Crime Control and Law Enforcement Act of 1994 |date=1995 |page=557 |access-date=January 3, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20130102110222/http://www.saf.org/LawReviews/Tartaro1.htm |archive-date=January 2, 2013 |df=mdy }}</ref> Robert Crook, executive director of the Coalition of Connecticut Sportsmen, said "the term 'assault weapon,' as used by the media, is a media invention."<ref name=Kauffman121218>{{cite news |last=Kauffman |first=Matthew |date=December 18, 2012 |title=In State with 'Assault Weapons' Ban, Lanza's Rifle Still Legal |url=https://www.courant.com/2012/12/18/in-state-with-assault-weapons-ban-lanzas-rifle-still-legal-3/ |newspaper=Hartford Courant |location=Hartford, Connecticut |access-date=January 2, 2013 |quote=The term 'assault weapon,' as used by the media, is a media invention. These are semi-automatic firearms that have military cosmetic characteristics. They look like our military firearms, but they're not.}}</ref><ref name="Washington Post, Blake, Jan. 17, 2013">{{cite news |last1=Blake |first1=Aaron |title=Is it fair to call them 'assault weapons'? |url=https://www.washingtonpost.com/news/the-fix/wp/2013/01/17/is-it-fair-to-call-them-assault-weapons/ |newspaper=The Washington Post |access-date=1 November 2022}}</ref><ref name="CNBC, Daniels, Feb. 21st, 2018">{{cite web |last1=Daniels |first1=Jeff |title=Definition of what's actually an 'assault weapon' is a highly contentious issue |url=https://www.cnbc.com/2018/02/21/definition-of-whats-an-assault-weapon-is-a-very-contentious-issue.html |date=February 22, 2018 |publisher=CNBC |access-date=1 November 2022}}</ref> [[Gun control in the United States|Gun control]] supporters use the term while [[Right to keep and bear arms|gun rights]] supporters generally do not use the term.{{cn|date=November 2022}}

===Differing state law definitions===
{{Main|Assault weapons legislation in the United States}}

Seven states have assault weapon bans with different definitions and characteristics.<ref name=Nahmias121222>{{cite news |last=Nahmias |first=Laura |date=December 22, 2012 |title=Cuomo for Gun Laws |url=https://www.wsj.com/article/SB10001424127887323777204578192013919197452.html |newspaper=The Wall Street Journal |access-date=December 26, 2012 |quote=New York is one of only seven states that have assault-weapons bans in place, according to the Brady Campaign to End Gun Violence. }}</ref>
* [[California]] defines assault weapons by name, by "series" ([[AK-47]] or [[AR-15 style rifle|AR-15]]), and by characteristic.<ref name="CA_Law">{{cite web |url=http://oag.ca.gov/firearms/regagunfaqs#1 |title=Frequently Asked Questions: What is considered an assault weapon under California law? |publisher=California Department of Justice |quote=There are three categories of assault weapons under California law. The first category is firearms listed on the original [[Roberti-Roos Assault Weapons Control Act of 1989|Roberti-Roos assault weapons]] list (Penal Code section 12276, subds (a), (b), and (c)). The second category of assault weapons is AK and AR-15 series weapons, pdf (Penal Code sections 12276 (e) and (f)). The third category of assault weapons is defined by specific generic characteristics (PC section 12276.1, SB 23).|date=2011-12-16 }}</ref> A shotgun with a revolving cylinder is also defined as an assault weapon.<ref name=SB23-2000/>
* [[Connecticut]] defines assault weapons as selective-fire firearms (including assault rifles capable of fully automatic or burst fire); semi-automatic firearms specified by name; and semi-automatic firearms with specific characteristics.<ref name=ConnJudicial/>
* [[Hawaii]] defines and bans assault ''pistols''.{{refn|group=n|United States firearms expert Robert E. Walker says the term "assault pistol" is difficult to define and may be based on perceived "paramilitary or nonsporting application, appearance, or configuration."<ref name=Walker2013>{{cite book |last=Walker |first=Robert E. |year=2013 |title=Cartridges and Firearm Identification |url=https://books.google.com/books?id=THQ1iG8fSG8C&pg=PT192 |publisher=CRC Press |isbn=978-1-4665-8881-3|pages=192–93}}</ref>}}<ref name=CQR130308>{{cite journal |last=Mantel |first=Barbara |date=March 8, 2013 |title=Gun Control |url=http://www.cqpress.com/product/Researcher-Gun-Control-v23-10.html |journal=CQ Researcher |volume=23 |issue=10 |pages=233–256|archive-url=https://web.archive.org/web/20150923210946/http://www.cqpress.com/product/Researcher-Gun-Control-v23-10.html |archive-date=2015-09-23}}</ref>
* [[Maryland]] defines and bans assault ''pistols''. It regulates 45 other assault weapons listed by make or model including copies, regardless of manufacturer.<ref name=CQR130308/><ref name="ATFStates31st">{{cite book |url=http://www.atf.gov/publications/firearms/state-laws/31st-edition/index.html |title=State Laws and Published Ordinances – Firearms |edition=31st |date=January 2011 |chapter=Maryland – MD Code |chapter-url=http://www.atf.gov/files/publications/download/p/atf-p-5300-5-31st-editiion/States/atf-p-5300-5-maryland-2010.pdf |publisher=ATF.gov |pages=219–220 |access-date=December 10, 2013 |archive-url=https://web.archive.org/web/20131213200525/http://www.atf.gov/publications/firearms/state-laws/31st-edition/index.html |archive-date=December 13, 2013 |url-status=dead }}</ref>
* [[Massachusetts]] defines assault weapons as semi-automatic firearms with the same definition provisions from the expired federal ban of 1994.<ref name="MA_Law">{{cite web |url=http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section121 |title=General Laws: Title XX, Chapter 140, Section 121 |work=Massachusetts Laws |publisher=The 188th General Court of the Commonwealth of Massachusetts |access-date=January 3, 2013}}</ref>
* [[New York (state)|New York]] had an assault weapons ban prior to 2013, but on January 16 of that year it passed the [[New York Safe Act|SAFE Act]], which created a stricter definition of assault weapons and banned them immediately.<ref name="NY_Law">{{cite web |url=http://codes.lp.findlaw.com/nycode/ADC/10/3/10-301 |title=N.Y. ADC. LAW § 10-301 : NY Code – Section 10-301: Control and regulation of the disposition, purchase and possession of firearms, rifles, shotguns and assault weapons |access-date=December 28, 2012}}</ref><ref name="NYSAFEAct-PR">{{cite press release |last=Cuomo |first=Andrew M. |date=January 16, 2013 |title=Governor Cuomo Signs NY Safe Act in Rochester |url=http://www.governor.ny.gov/press/12162013cuomo-signs-safe-act-roch |location=Rochester, New York |publisher=Governor's Press Office |access-date=January 16, 2013}}</ref><ref name=Berger130118>{{cite news |last=Berger |first=Judson |date=January 18, 2013 |title=NY Guv Looks to Clarify Gun Law After Concern About Exemption for Police |url=https://www.foxnews.com/politics/ny-guv-looks-to-clarify-gun-law-after-concern-about-exemption-for-police/ |publisher=Fox News Channel |access-date=January 18, 2013}}</ref> The NY SAFE Act defines assault weapons as semi-automatic pistols and rifles with detachable magazines and one military-style feature, and semi-automatic shotguns with one military-style feature.<ref name="NYSAFEAct-PR" />

In [[Illinois]], proposed legislation in 2013 would have defined the term "semi-automatic assault weapon" as any semi-automatic firearm able to accept a detachable magazine, but it was never brought to a vote.<ref>Acevedo, Edward J. (January 4, 2013). [http://www.ilga.gov/legislation/97/SB/PDF/09700SB2899ham001.pdf Amendment to Senate Bill 2899], Illinois General Assembly web site. Retrieved January 18, 2013. "In this Section: "Semi-automatic assault weapon" means: ... (C-2) a semi-automatic rifle or a pistol with the capacity to accept a detachable magazine, a muzzle brake, or muzzle compensator..."</ref><ref>{{cite news |title= Illinois Assault Weapons Ban Fails Again, Votes Not There For Passage In Lame-Duck Session |url=http://www.huffingtonpost.com/2013/01/07/illinois-assault-weapons-_n_2425062.html |work=The Huffington Post |date=January 7, 2013 |quote= State Rep. Brandon Phelps, a Harrisburg Democrat, called the bill "too broad" as it applied to too many different types of guns, according to the Chicago Sun-Times. |access-date=January 9, 2013}}</ref> The Illinois State Rifle Association said most of the state's firearms owners owned one or more guns that would have been banned under the proposal.<ref name=Chakraborty130103>{{cite news |last=Chakraborty |first=Barnini |date=January 3, 2013 |title=Firearms Groups Fight Sweeping Illinois Gun Ban, Dems Weigh Options |url=https://www.foxnews.com/politics/firearms-groups-fight-sweeping-illinois-gun-ban-dems-weigh-options/ |publisher=Fox News Channel |access-date=January 5, 2013}}</ref> The NRA said the proposal would have restricted about 75 percent of handguns and 50 percent of long guns in circulation.<ref name=Chakraborty130103/> As municipalities, [[Chicago]] and [[Cook County, Illinois|Cook County]] bans certain firearms defined as assault weapons and have no provision for legal possession of firearms owned before their laws were passed.<ref>{{cite web |url=http://www.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title8offensesaffectingpublicpeacemorals/chapter8-20weapons?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il$anc=JD_8-20-075 |title=Municipal Code of Chicago – Title 8, Chapter 8-20, Article III., Section 170 – Unregisterable firearms |publisher=American Legal Publishing Corporation |access-date=January 27, 2013 |archive-date=December 13, 2013 |archive-url=https://web.archive.org/web/20131213045212/http://www.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title8offensesaffectingpublicpeacemorals/chapter8-20weapons?f=templates$fn=default.htm$3.0$vid=amlegal:chicago_il$anc=JD_8-20-075 |url-status=dead }}</ref><ref>{{cite web |url=http://library.municode.com/HTML/13805/level4/PTIGEOR_CH54LIPEMIBURE_ARTIIIDEWEDE_DIV4BLHOASWEBA.html |title=Cook County, Illinois, Code of Ordinances – Part I, Chapter 54, Article III, Division 4 – Blair Holt Assault Weapons Ban |publisher=Library.municode.com |access-date=January 27, 2013}}</ref> [[Minnesota]] also defines certain firearms as assault weapons and regulates their sales.<ref name=CQR130308/> The [[Washington (state)|State of Washington]] defines any semi-automatic rifle (except antiques), regardless of features, caliber, or magazine type, as a "semiautomatic assault rifle".<ref>{{Cite web|url=https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.010|title=RCW 9.41.010: Definitions. (Effective until January 1, 2025.)|website=app.leg.wa.gov}}</ref>

===Distinction from assault rifles===
The term "'''assault rifle'''" is frequently used interchangeably with the term "'''assault weapon'''" but this use has been described as incorrect and a misapplication of the term.<ref name="Poole"/> The AP Stylebook suggests that newsrooms avoid the terms "assault weapon" and "assault rifle" instead using the term "semi-automatic rifle".<ref>{{Cite web|title=What's new in the AP Stylebook, 55th Edition?|url=https://help.apstylebook.com/support/solutions/articles/66000156253-what-s-new-in-the-ap-stylebook-55th-edition-|access-date=2021-12-04|website=APStylebook.com|language=en}}</ref> Part of the definition of "assault rifle", according to the ''[[Encyclopædia Britannica]],'' is that it is selective-fire, which means that it is capable of both semiautomatic and fully automatic fire.<ref>{{Cite web |title=assault rifle {{!}} Definition, Examples, Facts, & History {{!}} Britannica |url=https://www.britannica.com/technology/assault-rifle |access-date=2022-05-28 |website=www.britannica.com |language=en}}</ref> Civilian ownership of [[machine gun]]s, including selective-fire rifles, has been tightly regulated since 1934 under the [[National Firearms Act]] and since 1986 under the [[Firearm Owners Protection Act]].<ref name=Koerner040916/>

===Cosmetic features===
Gun control advocates and gun rights advocates have referred to at least some of the features outlined in assault weapons bans as "cosmetic". The [[National Rifle Association#Lobbying and political activity|NRA Institute for Legislative Action]] and the [[Violence Policy Center]] both used the term in 2004 when the federal ban expired.<ref name=NRA040913>{{cite web |author=<!--no byline--> |date=September 13, 2004 |title=Finally, the End of a Sad Era—Clinton Gun Ban Stricken from Books! |url=http://www.nraila.org/legislation/federal-legislation/2004/finally,-the-end-of-a-sad-era-clinton.aspx |publisher=National Rifle Association, Institute for Legislative Action |location=Fairfax, Virginia |quote=Law-abiding citizens, however, will once again be free to purchase semi-automatic firearms, regardless of their cosmetic features, for target shooting, shooting competitions, hunting, collecting, and most importantly, self-defense.}}</ref><ref name=VPC040913>{{cite press release|author=<!--no byline--> |date=September 13, 2004 |title=Violence Policy Center Issues Statement on Expiration of Federal Assault Weapons Ban |url=http://www.vpc.org/press/0409aw.htm |publisher=Violence Policy Center |location=Washington, D.C. |quote=Soon after its passage in 1994, the gun industry made a mockery of the federal assault weapons ban, manufacturing 'post-ban' assault weapons with only slight, cosmetic differences from their banned counterparts. |url-status=dead |archive-url=https://web.archive.org/web/20131010231937/http://www.vpc.org/press/0409aw.htm |archive-date=October 10, 2013 }}</ref> In May 2012, the [[Law Center to Prevent Gun Violence]] said, "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."<ref name=AWPS120521>{{cite web |author=<!--no byline--> |date=May 21, 2012 |title=Assault Weapons Policy Summary |url=http://smartgunlaws.org/assault-weapons-policy-summary/ |publisher=Law Center to Prevent Gun Violence |location=San Francisco, California }}</ref> Some reporters used the term in stories after the 2012 shootings in [[2012 Aurora, Colorado shooting|Aurora, Colorado]], and [[Sandy Hook Elementary School shooting|Newtown, Connecticut]].<ref name=Seitz-Wald130206>{{cite web |url=http://www.salon.com/2013/02/06/dont_mourn_the_assault_weapons_bans_impending_demise/ |title=Don't mourn the assault weapons ban's impending demise| work=Salon |first=Alex |last=Seitz-Wald |date=February 6, 2013 |quote=[The National Rifle Association] says the ban created an artificial distinction between 'assault weapons' and other semi-automatic weapons, based almost entirely on cosmetic features. This is largely true.}}</ref><ref>More ''cosmetic'' sources:
* {{cite news |url=http://www.thedailybeast.com/articles/2012/11/21/just-say-no-to-dumb-gun-laws.html |title=Just Say No to Dumb Gun Laws |newspaper=The Daily Beast |first=Megan |last=McArdle |date=November 12, 2012 |quote=... 'assault weapon' is a largely cosmetic rather than functional description.}}
* {{cite web |url=https://www.wsj.com/article/SB10001424127887323723104578185271857424036.html |title=Guns, Mental Illness and Newtown |newspaper=The Wall Street Journal |first=David |last=Kopel |date=December 17, 2012 |quote=None of the guns that the Newtown murderer used was an assault weapon under Connecticut law. This illustrates the uselessness of bans on so-called assault weapons, since those bans concentrate on guns' cosmetics, such as whether the gun has a bayonet lug, rather than their function.}}
* {{cite news |url=https://thehill.com/homenews/senate/139509-the-problem-with-assault-weapons/ |title=The problem with 'assault weapons' |newspaper=The Hill |first=Jordy |last=Yager |date=January 16, 2013 |quote=Gun companies quickly realized they could stay within the law and continue to make rifles with high-capacity magazine clips if they steered away from the cosmetic features mentioned in the law.}}
* {{cite web |url=http://reason.com/archives/2013/01/30/whats-an-assault-weapon |title=What's an Assault Weapon?| work=Reason|first=Jacob |last=Sullum |date=January 30, 2013 |quote=The distinguishing characteristics of 'assault weapons' are mainly cosmetic and have little or no functional significance in the context of mass shootings or ordinary gun crimes.}}
</ref>

Assault weapons, also sometimes called "black guns" or "black rifles",<ref name=WSJ090313>{{cite news |last1=Roth |first1=Alex |last2=Prada |first2=Paulo |last3=Dade |first3=Corey |date=March 13, 2009 |title=New Calls for Assault-Gun Ban |url=https://www.wsj.com/article/SB123690314709013801.html |newspaper=The Wall Street Journal |access-date=December 28, 2012 |quote=People seeking to stock up on the types of weapons that would likely be targeted by any ban—semiautomatic weapons, sometimes known as 'black guns' or 'black rifles'—have flocked to purchase them.}}</ref> are no more powerful than many other semi-automatic rifles legally used for hunting throughout the United States; they do not shoot faster or have greater range.<ref name=Harrison121220>{{cite news |last=Harrison |first=Laird |date=December 20, 2012 |title=4 Myths About Assault Weapons |url=http://blogs.kqed.org/newsfix/2012/12/20/four-myths-about-assault-weapons/ |publisher=KQED |access-date=December 28, 2012 |quote=But these guns are no more powerful than many semiautomatic rifles legally used for hunting in California and throughout the United States. They don't shoot farther, faster or with more power. In order to create an 'assault weapon' ban, legislators had to list specific models of guns or characteristics such as pistol grips on rifles, flash hiders, folding rifle stocks and threaded barrels for attaching silencers. |archive-url=https://web.archive.org/web/20121230222510/http://blogs.kqed.org/newsfix/2012/12/20/four-myths-about-assault-weapons/ |archive-date=December 30, 2012 |url-status=dead }}</ref>

Two scholars have written: "One problem inherent in the study of [assault weapons (AW)] is that the classifications of AW are based on cosmetic features of firearms... For instance, the Colt AR-15 series of semi-automatic rifles—the civilian version of the fully automatic M-16 rifle issued to U.S. soldiers—was subject to the 1994 AW restrictions, but the [[Ruger Mini-14]] rifle was not banned. Yet, the Mini-14 is the same caliber, has a similar barrel length, the same semi-automatic action, and can use magazines that hold 30 rounds of ammunition. The only real meaningful difference between the two firearms is cosmetic: The AR-15 rifle looks more dangerous."<ref>{{cite journal |last1=Decker |first1=Scott |last2=Ruddell |first2=Rick |date=May 1, 2005 |title=Kids and Assault Weapons: Social Problem or Social Construction? |url=https://journals.sagepub.com/doi/10.1177/0734016805275679 |url-access=subscription |journal=Criminal Justice Review |volume=30 |issue=1 |doi=10.1177/0734016805275679 |pages=53|s2cid=56076954 }}</ref>

The [[National Shooting Sports Foundation]], a firearms industry [[trade group]], states that the term ''assault weapon'' has been misapplied to many semi-automatic firearms because of their appearance and not their use in crime.<ref name="NSSF Facts">{{cite web |url=http://www.nssf.org/factsheets/semi-auto.cfm |title=Background Information on So-Called 'Assault Weapons' |publisher=National Shooting Sports Foundation |date=December 2011 |access-date=December 18, 2012 |archive-url=https://web.archive.org/web/20121219071331/http://www.nssf.org/factsheets/semi-auto.cfm |archive-date=December 19, 2012 |url-status=dead }}</ref>

==Political and legislative issues==
{{Main|Assault weapons legislation in the United States}}
[[File:US assault weapons bans.svg|thumb|U.S. states and territories that have enacted assault weapons bans{{legend|#f00|Long guns and handguns}}{{legend|#00f|Handguns only}}]]

As of 2021, there are an estimated 16–44 million rifles from just the AR-15 family of rifles in civilian use in the United States.<ref>{{Cite web |last=Sullum |first=Jacob |date=2022-09-09 |title=The largest-ever survey of American gun owners finds that defensive use of firearms is common |url=https://reason.com/2022/09/09/the-largest-ever-survey-of-american-gun-owners-finds-that-defensive-use-of-firearms-is-common/ |access-date=2023-05-18 |website=Reason.com |language=en-US}}</ref><ref>{{Cite news |last1=Frankel |first1=Todd C. |last2=Boburg |first2=Shawn |last3=Dawsey |first3=Josh |last4=Parker |first4=Ashley |last5=Horton |first5=Alex |title=How the AR-15 became a powerful political, cultural symbol in America |url=https://www.washingtonpost.com/nation/interactive/2023/ar-15-america-gun-culture-politics/ |access-date=2023-05-18 |newspaper=Washington Post |language=en}}</ref>

===Defunct U.S. Federal Assault Weapons Ban===
{{Main|Federal Assault Weapons Ban}}
The Public Safety and Recreational Firearms Use Protection Act of 1994, more commonly known as the Federal Assault Weapons Ban, expired in 2004. It banned the manufacture or importation of certain semi-automatic firearms that it defined as "semiautomatic assault weapons", commonly known as assault weapons. Any firearms so defined that were already possessed at the time the law took effect were grandfathered in, and could be legally owned or transferred. Another aspect of the law banned the manufacture or importation of magazines that could hold more than ten rounds of ammunition, with existing magazines grandfathered in as legal.<ref name=FedBan94/>

The Federal Assault Weapons Ban of 1994 defined certain firearms as assault weapons based on the features they possessed. This included semi-automatic rifles with a detachable magazine and at least two of these features: a pistol grip, a folding or telescoping stock, a flash suppressor or threaded barrel, a bayonet mount, or a muzzle-mounted grenade launcher. It included semi-automatic pistols with a detachable magazine and at least two of these features: a magazine that attaches outside the pistol grip, a threaded barrel, a [[barrel shroud]], or an unloaded weight of 50 ounces or more. Additionally defined as assault weapons were semi-automatic shotguns with a rotating cylinder, or with at least two of these features: a pistol grip, a folding or telescoping stock, a detachable magazine, or a fixed magazine that can hold more than five rounds.<ref name=Koerner040916>{{cite news |last=Koerner |first=Brendan |date=September 16, 2004 |title=What Is an Assault Weapon? At last, you can get a semiautomatic rifle with a bayonet |url=http://www.slate.com/articles/news_and_politics/explainer/2004/09/what_is_an_assault_weapon.html |work=Slate |access-date=January 26, 2013 }}</ref><ref name=FedBan94/>

The ban also prohibited 19 specifically named models of firearms, as well as copies of those guns. These included the AK-47, [[Uzi]], [[IMI Galil|Galil]], AR-15, [[FN FAL]], [[MAC-10]], [[Steyr AUG]], [[TEC-9]], and [[Armsel Striker]].<ref name=Koerner040916/><ref name=FedBan94/>

<gallery widths="220px" heights="200px">
File:Ruger 10-22 (2).JPG|This [[Ruger 10/22]] rifle with a pistol grip and a folding stock was classified as an assault weapon under the Federal Assault Weapons Ban.
File:kg99.jpg|An Intratec [[TEC-DC9]] with a 32-round magazine. This semi-automatic pistol has a threaded barrel and a magazine that attaches outside the pistol grip, two of the features listed in the Federal Assault Weapons Ban.
</gallery>

===Assault Weapons Ban of 2013 bill===
{{Main|Assault Weapons Ban of 2013}}
On December 16, 2012, two days after the [[Sandy Hook Elementary School shooting]], Senator [[Dianne Feinstein]] said she would introduce a new assault weapons ban on the first day of Congress.<ref name="jamieson 121216">{{cite news |last=Jamieson |first=Dave |title=Dianne Feinstein To Introduce Assault Weapons Ban On First Day Of Congress |url=http://www.huffingtonpost.com/2012/12/16/dianne-feinstein-assault-weapons-ban_n_2311477.html |work=The Huffington Post |date=December 16, 2012 |access-date=December 6, 2013}}</ref> Five days later, on December 21, [[Wayne LaPierre]], chief executive of the National Rifle Association, held a news conference repeating the NRA's opposition to additional gun laws.<ref name="LaPierre121221">{{cite news |last=Gold |first=Matea |date=December 21, 2012 |title=A defiant NRA calls for armed guards in every school |url=https://www.latimes.com/world/la-xpm-2012-dec-21-la-pn-nra-newtown-20121221-story.html |newspaper=Los Angeles Times |access-date=December 4, 2013 }}</ref><ref>{{cite web|title=Just 27 Percent of Americans Say the 1994 Federal Assault Weapons Ban Would Have Helped Avoid the Sandy Hook Shooting|first=Emily |last=Ekins |work=Reason |date=January 30, 2013 |url=http://reason.com/poll/2013/01/30/just-27-percent-of-americans-say-the-fed}}</ref> Feinstein and Senator [[Richard Blumenthal]] held a separate news conference in response.<ref name="Feinstein-Blumenthal">{{cite AV media |people=Feinstein, Dianne and Richard Blumenthal |date=December 21, 2012 |title=Senators Feinstein and Blumenthal React to NRA |url=http://www.c-spanvideo.org/program/ReacttoN |location=Washington, D.C. |publisher=C-SPAN |access-date=December 4, 2013 }}</ref> There, Feinstein said that it seemed to her "prudent" to register grandfathered assault weapons under the National Firearms Act (NFA).<ref name="Feinstein121221">{{cite AV media |people=Feinstein, Dianne and Richard Blumenthal |date=December 21, 2012 |title=Senators Feinstein and Blumenthal React to NRA |url=http://www.c-spanvideo.org/program/ReacttoN |time=12:16 |location=Washington, D.C. |publisher=C-SPAN |access-date=December 4, 2013 }}</ref> A two-page bill summary on the senator's web site also mentioned registering grandfathered assault weapons under the NFA,<ref name="Summ121226PDF">{{cite web |title=Summary of 2013 Feinstein Assault Weapons Legislation |url=http://www.feinstein.senate.gov/public/index.cfm/files/serve/?File_id=10993387-5d4d-4680-a872-ac8ca4359119 |author=<!--no byline--> |format=PDF |date=December 26, 2012 |access-date=December 5, 2013}}</ref> but the text of the bill introduced to the Senate did not include that provision.

On January 24, 2013, Feinstein introduced S. 150, the "Assault Weapons Ban of 2013".<ref name="S150">{{USBill|113|S.|150}}</ref> The bill was similar to the 1994 ban, but differed in that it used a one-feature test for a firearm to qualify as an assault weapon rather than the two-feature test of the 1994 ban. On April 17, 2013, it failed on a Senate vote of 60 to 40.<ref name="simon 130417">{{cite news |last=Simon |first=Richard |date=April 17, 2013 |title=Senate votes down Feinstein's assault weapons ban |url=http://www.latimes.com/news/politics/la-pn-dianne-feinstein-assault-weapons-vote-20130417,0,5349684.story |newspaper=Los Angeles Times |access-date=November 26, 2013}}</ref>

==See also==
{{Portal|United States}}
* [[Gun culture in the United States]]
* [[Gun politics in the United States]]
* [[Military-style semi-automatic]], New Zealand legal classification

== Explanatory notes ==
{{Reflist|group=n}}

==References==
{{Reflist|2}}

== External links ==
* {{Wikiquote-inline}}

{{Authority control}}

[[Category:Firearms]]
[[Category:Gun politics in the United States]]
[[Category:United States firearms law]]