1994 Crime Bill FAQ

Federal Firearms Laws

Copyright © 1996 by Dan Brown (brownd@uchastings.edu)

Table of Contents

• A. Disclaimer
• B. Frequently Asked Questions about the 1994 Crime Bill
• 1. What is the Crime Bill?
• 2. What does the Crime Bill do?
• 3. OK, so what's an LCAFD?
• 4. What about a "semi-automatic assault weapon"?
• 5. Doesn't the Crime Bill explicitly protect my right to own over 650 different sporting firearms?
• 6. What can I still do, now that the Crime Bill is law?
• 7. What can I not do?
• 8. How about some examples?
• C. Statutory Appendix -- Sections of the Crime Bill and other relevant laws
• 18 U.S.C. sec. 921 (a) (5) Definition of a shotgun
• 18 U.S.C. sec. 921 (a) (7) Definition of a rifle
• 18 U.S.C. sec. 921 (a) (28) Definition of a semi-automatic rifle
• 18 U.S.C. sec. 921 (a) (29) Definition of a handgun
• 18 U.S.C. sec. 921 (a) (30)Definition of a semi-automatic assault weapon
• 18 U.S.C. sec. 921 (a) (31) Definition of a Large-Capacity Ammunition Feeding Device
• 18 U.S.C. sec. 922 (v) Ban of semi-automatic assault weapons
• 18 U.S.C. sec. 922 (w) Ban of Large-Capacity Ammunition Feeding Devices
• D. Revision history, copyright, and notes
  

A. Disclaimer

This document is provided for informational purposes only. The author is not an attorney, and this does not constitute legal advice in any way. The author has made reasonable efforts to verify the information contained in this document, but accepts no liability for any errors or omissions. Any opinions in this document are solely those of the author, and do not represent the opinions of the State of California, the University of California, Hastings College of the Law, or any other person, group, or entity.

B. Frequently Asked Questions about the 1994 Crime Bill

1. What is the Crime Bill?

The " Violent Crime Control and Law Enforcement Act of 1994," Public Law 103-322, was signed into law by President Bill Clinton on September 13, 1994. Intended as a comprehensive violent crime reduction program, it contains a broad range of provisions, including a few related to firearms.

2. What does the Crime Bill do?

Lots of things, but two are particularly relevant to the firearms community. First, it outlaws new civilian manufacture of "semi-automatic assault weapons." Second, it prohibits new civilian manufacture of "large capacity ammunition feeding devices" (LCAFDs).

3. OK, so what's an LCAFD?

A LCAFD includes several things, but the most common definition is a magazine which holds more than 10 rounds. A 10-round magazine is not an LCAFD; an 11-round magazine is. Tubular magazines in .22 rimfire calibers are specifically exempted. Magazines of any capacity made before September 13, 1994, are not LCAFDs. As defined in the Crime Bill, it seems that only complete magazines are considered, and not magazine parts-it would therefore theoretically be legal for a company to sell any magazine parts, or even magazine kits. It is, however, reasonable to expect that ATF would take a very dim view of such activity. See the statutory appendix 18 U.S.C. sec. 921 (a) (31) for the complete definition.

4. What about a "semi-automatic assault weapon"?

This is a little trickier, because there are several ways that a gun can become a "semi-automatic assault weapon." Certain listed firearms are defined by name as assault weapons (see the statutory appendix at 18 U.S.C. sec. 921 (a) (30) for the list), as well as guns with certain features.

A semiautomatic rifle is an "assault weapon" if it can accept a detachable magazine and has two or more of the following:

• A folding or telescoping stock
• A pistol grip
• A bayonet mount
• A flash suppressor, or threads to attach one
• A grenade launcher.
  

A semiautomatic shotgun is an "assault weapon" if it has two or more of the following:

• A folding or telescoping stock
• A pistol grip
• A magazine capacity of over 5 rounds
• A detachable magazine.
  

A semiautomatic pistol is an "assault weapon" if it can accept a detachable magazine and has two or more of the following:

• A magazine outside of the grip
• A threaded barrel to accept a flash suppressor, silencer, etc.
• A barrel shroud
• A weight of 50 oz or more, unloaded
• "A semiautomatic version of an automatic firearm."
  

5. Doesn't the Crime Bill explicitly protect my right to own over 650 different sporting firearms?

In a word, no. At some point during the Bill's progress through Congress, someone came up with the bright idea of adding a list of guns that wouldn't be banned. The final version of the Bill does contain this list, and it does contain more than 650 different firearms. However, its actual effect is non-existent. First, only 86 of the firearms on the list are semi-automatics, leaving 575 that cannot, by definition, be "semi-automatic assault weapons." Second, the listed firearms are exempted only "as manufactured on October 1, 1993"-that means they can't be modified and retain their exempt status. Of the 86 semi-automatics on the list, the number that would have been banned but for the list is (drum roll please) Zero! The sole purpose of having the list was to provide sound-bite fodder about "protecting the right to own over 650 types of sporting firearms." By the way, nothing in the Crime Bill prevents those firearms from being banned by other legislation, either.

6. What can I still do, now that the Crime Bill is law?

You can keep any "assault weapons" and high-capacity magazines you had before the ban. You can sell them, and buy other pre-ban "assault weapons" and high-capacity magazines, with no hassle beyond what goes with any gun purchase or sale. You can modify your "assault weapons," even adding more features from the above list. You should still be able to import high-capacity magazines as before the ban, but there are some serious problems here-namely, there's no way for ATF to know if a foreign-made magazine was made before or after the ban. If you're planning on importing high-capacity magazines, contact ATF for the latest information.

7. What can I not do?

You cannot manufacture an "assault weapon" or LCAFD for civilian use. You cannot possess, buy, or sell a post-ban "assault weapon" or LCAFD (unless you're an LEO or military). You cannot modify a "non-assault weapon" or a non-LCAFD to make an "assault weapon" or LCAFD.

8. How about some examples?

OK, no problem.

• I bought a Remington 870 last summer (1995), and just picked up a folding stock for it. I've already added a magazine extension, so it holds 8 rounds. Can I put the new stock on?
  Yes, no problem. The 870 isn't a semi-automatic shotgun, so it doesn't fall under the provisions of the ban.
  
  
• I've had a Ruger 10/22 for almost 10 years now, and I'd like to jazz it up a bit. Can I attach a folding stock to it?
  No. Irrespective of the date of manufacture (or purchase) of your rifle, this would make it an illegal post-ban "assault weapon." The 10/22 is a semi-automatic rifle, accepts a detachable magazine, and you would be adding a folding stock and a pistol grip (unless you somehow found a folding stock that did not have a pistol grip; I've never seen anything like this, though).
  
  
• OK, can I just add a pistol-grip stock to my 10/22?
  Yes, if you haven't already added any of the other named features.
  
  
• I bought a Marlin model 60 last month. Can I attach a folding stock to it?
  Yes, you can. While the Marlin 60 is a semi-automatic rifle, its tubular magazine is not detachable, so it does not fall within the provisions of the ban.
  
  
• I have a complete AR-15 parts kit that I purchased in June of 1994, but I haven't had the time to put the parts together. Now, I'm afraid that it'll be illegal for me to complete the rifle, and my money will be wasted. Can I finish building the rifle?
  Yes, you can. If you had all the parts together as a kit, the rifle is considered legally pre-ban, so completing it isn't a problem.
  
  
• I have an AR-15 lower receiver that I bought in June of 1994. Now, I'd like to build a complete rifle on it. Can I build a rifle with two or more of the listed features?
  No, you cannot. Irrespective of the date the receiver was manufactured or purchased, when you start adding parts, you're adding the features and manufacturing an "assault weapon." To state it again, "pre-ban receivers" are a waste of money-they usually cost $350-$400, while post-ban lowers often run under $100. There is no difference between what can be done with a pre-ban receiver and what can be done with a post-ban receiver, unless the pre-ban receiver was actually part of a pre-ban "assault rifle." Companies who charge extra for "pre-ban" receivers are trying to rip you off.
  
  
• I have a registered, pre-'86 AR-15 drop-in auto sear. Can I assemble a new rifle in "assault weapon" configuration (flash suppressor, bayonet lug, collapsible stock) using this sear?
  Yes. When the auto sear is installed, not only is your firearm not a semiautomatic rifle; legally speaking, it's not a rifle at all! Therefore, it doesn't fall under the provisions of the ban. Beware, though, that if you ever take the auto sear out of the receiver, you will be left with an illegal "assault weapon."
  
  
• I have some pre-ban magazines for my Glock 19 (15 rounds), and I'd like to add the Glock +2 adapters to them. Is this legal?
  Entirely so. Since your magazines are already over 10 rounds in capacity, it's fine to increase the capacity further.
  
  
• Can I add +2 adapters to my Glock 26 (10 round) magazines?
  If the +2 adapters actually increase the magazine's capacity, no, because that would create a new LCAFD. If the adapters were filled with a substance like Bondo, it should be fine, because they wouldn't increase the capacity of the magazines. There has been some discussion on rec.guns to the effect that ATF isn't concerned about this, but it seems prudent to stick to the wording of the law.
  
  
• I have an Olympic Arms PCR-4 (post-ban AR-15 clone) with a 10-round magazine. Can I use pre-ban 30-round magazines with this rifle?
  Yes, this poses no problem. While new civilian manufacture of high-capacity magazines is prohibited, there's no restriction against using pre-ban high-capacity magazines with post-ban firearms of any kind.
  

C. Statutory Appendix

This appendix contains the text of statutes that are either part of the Crime Bill, or relevant to it. They are found in Title 18, United States Code, Chapter 44, beginning with section 921.

18 U.S.C. sec. 921 (a) (5):

The term "shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

18 U.S.C. sec. 921 (a) (7):

The term "rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

18 U.S.C. sec. 921 (a) (28):

The term "semiautomatic rifle" means any repeating rifle which utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge.

18 U.S.C. sec. 921 (a) (29):

The term "handgun" means--
(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.

18 U.S.C. sec. 921 (a) (30):

The term "semiautomatic assault weapon" means--

(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as--

(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

(ii) Action Arms Israeli Military Industries UZI and Galil;

(iii) Beretta Ar70 (SC-70);

(iv) Colt AR-15;

(v) Fabrique National FN/FAL, FN/LAR, and FNC;

(vi) SWD M-10, M-11, M-11/9, and M-12;

(vii) Steyr AUG;

(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;

(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) a bayonet mount;

(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and

(v) a grenade launcher;

(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--

(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;

(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and

(v) a semiautomatic version of an automatic firearm; and

(D) a semiautomatic shotgun that has at least 2 of--

(i) a folding or telescoping stock;

(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

(iii) a fixed magazine capacity in excess of 5 rounds; and

(iv) an ability to accept a detachable magazine.

18 U.S.C. sec. 921 (a) (31):

The term "large capacity ammunition feeding device"--

(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

18 U.S.C. sec. 922 (v):

(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.

(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.

(3) Paragraph (1) shall not apply to--

(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms were manufactured on October 1, 1993;

(B) any firearm that--

(i) is manually operated by bolt, pump, lever, or slide action;

(ii) has been rendered permanently inoperable; or

(iii) is an antique firearm;

(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or

(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.

The fact that a firearm is not listed in Appendix A shall not be construed to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from Appendix A so long as this subsection is in effect.

(4) Paragraph (1) shall not apply to--

(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or

(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.

18 U.S.C. sec. 922 (w):

(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.

(3) This subsection shall not apply to--

(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement; or

(D) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.

(4) If a person charged with violating paragraph (1) asserts that paragraph (1) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of title 18, United States Code, shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).

D. Revision History, copyright, and notes

This FAQ is copyright © 1996 by Dan Brown, brownd@uchastings.edu. Permission is granted to redistribute freely, providing that it is distributed in its entirety, unchanged, with this copyright notice intact. No fee may be charged for the distribution of this document beyond a nominal fee for media and copying charges.
The statutes included in this FAQ are from West Publishing's United States Code, Annotated, and are copyright © 1996 by West Publishing, Inc. No claim is made to original U.S. Government works. The statutes are current as of March 29, 1996.

Revision History:

April 23, 1996: Corrected and clarified some statements regarding LCAFDs, added another example, and clarified an example.

March 29, 1996: Original document