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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.

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Should Semi-Automatic “Assault Weapons” be Banned?