Bills
| 3.23.22

Should Semi-Automatic “Assault Weapons” be Banned? (H.R. 5087)

Do you support or oppose this bill?

What is H.R. 5087?

(Updated April 18, 2021)

This bill — the Assault Weapons Ban of 2018 — would ban the “sale, transfer, production, and importation” of all semi-automatic rifles and semi-automatic pistols with magazines that are either detachable or carry more than 10 rounds, and shotguns with a revolving cylinder. It would ban all AK-47 and AR-15 style rifle and pistol variants in addition to dozens of other firearms, along with devices (such as bump stocks) which accelerate the rate of fire of a semi-automatic rifle, and belt-fed semi-automatic firearms. Additionally, it would ban large capacity feeding devices which individually or coupled with another increase the capacity of the gun to more than 10 rounds of ammunition.

It would be unlawful for an individual to keep a grandfathered semi-automatic assault weapon that they believe will be accessible to someone prohibited by from possessing a firearm, unless the individual has it locked in secure storage or is carrying it on their person. Before a grandfathered semi-automatic weapon could be transferred to an unlicensed person, the buyer would have to undergo a background check. A background check wouldn’t be required for buyers to temporarily examine the firearm. If a prohibited person purchases or attempts to purchase a grandfathered firearm, it would be reported to the nearest FBI field office, plus the state and local law enforcement agencies.

DOJ’s Byrne grants could be used for programs to buy back semi-automatic assault weapons and large capacity ammunition feeding devices that are prohibited by this bill. Any semi-automatic assault weapons or large capacity ammunition feeding devices used in a crime would be subject to seizure and forfeiture. They would be returned if the owner is acquitted, the charges are dismissed, or the restraining order against them expires.

Firearms that are manually operated by bolt, pump, lever, or slide action would be exempted, as would permanently inoperable and antique firearms. Additionally, semi-automatic rifles that are designed to accept and can only operate with .22 caliber rimfire ammunition would be exempt.

This bill also contains a severability clause, so that if any provision of the bill is found to be unconstitutional the remainder of it would be unaffected.

Argument in favor

Semi-automatic assault weapons like the AK-47 and AR-15 style rifles and pistols available to Americans are weapons of war that far exceed what’s needed for self defense and should be banned. Keeping these dangerous guns off our streets will curb the epidemic of gun violence without infringing on Americans’ Second Amendment rights.

Argument opposed

Preventing law-abiding citizens from owning many common varieties of semi-automatic rifles and handguns undermines their Second Amendment right to self defense, as criminals will obtain more powerful weapons illegally. Efforts to prevent gun violence should focus on improving background checks and keeping guns out of the hands of those who shouldn’t have them.

Impact

People who would buy semi-automatic assault weapons banned by this legislation; people who own semi-automatic assault weapons that would be grandfathered under this bill; law enforcement agencies at all levels of government; courts; and the DOJ.

Cost of H.R. 5087

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. David Cicilline (D-CT) introduced this bill to ban semi-automatic assault weapons:

“Assault weapons were made for one purpose. They are designed to kill as many people as possible in a short amount of time. They do not belong in our communities. I am proud to introduce the Assault Weapons Ban with the support of leaders in law enforcement. It’s on all of us to end this carnage.”

House Speaker Paul Ryan (R-WI) pushed back on the notion of such a ban:

“We shouldn’t be banning guns for law-abiding citizens. We should be focused on making sure those who shouldn’t get guns don’t get guns. We want to listen to kids but want to protect people’s due process rights while making sure people who shouldn’t get guns don’t get them.”

This legislation has the support of 167 cosponsors in the House, all of whom are Democrats.


Media:

Summary by Eric Revell

(Photo Credit: artas / iStock)