Regulation of Types of Firearms & Accessories
Armor Piercing Ammunition
In 1986, Congress amended the Gun Control Act of 1968 to prohibit the manufacture and importation of armor piercing ammunition. However, under the amendment, the manufacture or importation of armor piercing ammunition is allowed for the use of the United States or any state or local government, solely for exportation, and for testing and experimentation as authorized by ATF. 18 U.S.C. § 922(a)(7). The sale and delivery of armor piercing ammunition by a manufacturer or importer for these purposes only is lawful (18 U.S.C. § 922(a)(8)), subject to the record keeping requirements of 18 U.S.C. § 922(b)(5). However, manufacturers and importers of armor piercing ammunition must pay a higher licensing fee ($1,000.00) and must specially mark all armor piercing projectiles and packages. The amendment also authorizes ATF to revoke the license of any firearms dealer who “willfully transfers” armor piercing ammunition.
Assault Weapons/Large Capacity Ammunition Magazines
In 1994, Congress banned the manufacture, sale and transfer, and possession of semi-automatic assault weapons and large capacity ammunition feeding devices, i.e., ammunition devices capable of holding more than ten rounds of ammunition. The law was not applicable to the possession or transfer of any semi-automatic assault weapon or large capacity ammunition feeding device lawfully possessed prior to its effective date of September 13, 1994. 18 U.S.C. § 922(v)(1), (w)(1) (all references to sections of the Violent Crime Control and Law Enforcement Act of 1994, codified at 18 U.S.C. § 921 et seq., are to the sections as they appeared on September 12, 2004). With respect to assault weapons, the law banned: a) 19 assault weapons by name and copies of those weapons (18 U.S.C. § 921(a)(30)(A)); b) semi-automatic rifles and pistols that have the ability to accept a detachable magazine and have at least two specified characteristics (18 U.S.C. § 921(a)(30)(B),(C)); and c) semi-automatic shotguns that have at least two specified characteristics (18 U.S.C. § 921(a)(30)(D)).
The assault weapon ban was enacted with a sunset clause, providing for its expiration ten years later. Congress and the President failed to renew the ban, and it expired on September 13, 2004.
Please see the Assault Weapons and Large Capacity Ammunition Magazines sections of the Master List of Firearms Policies for more information.
Junk Guns/Saturday Night Specials
In 1968, Congress passed the Gun Control Act of 1968 which, among other things, prohibited the importation of firearms which are not “generally recognized as particularly suitable for or readily adaptable to sporting purposes.” 18 U.S.C. § 925(d)(3). ATF has established “factoring criteria” which the agency uses to determine whether a firearm meets the “sporting purposes” test. Many poorly made, easily concealed handguns do not meet the sporting purposes test and several models of assault weapons have also been banned under the test. However, the relevant provisions of the Gun Control Act apply only to imported weapons. Domestic manufacture and sale of firearms that are not generally recognized as particularly suitable for or readily adaptable to sporting purposes are not affected by the Act. Please see the Junk Guns/Saturday Night Specials section of the Master List of Firearms Policies for a general discussion of this class of firearms.
Machine Guns
Effective 1986, federal law imposed a prohibition on the possession, sale and transfer of machine guns. The Firearms Owners Protection Act “grandfathered” machine guns “lawfully possessed” prior to the effective date of the 1986 law, i.e., a weapon that has been duly registered and the requisite excise taxes paid is not subject to the prohibition. However, a licensed dealer may sell a machine gun only if the Secretary of ATF approves the transfer. 26 U.S.C. § 5801, et seq.; 18 U.S.C. § 922(b)(4).