Are Assault Weapons Legal?

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Assault weapons are a class of weapons that are particularly lethal. They were banned for a ten year period in the United States under a law enacted by Bill Clinton, but that law has since expired.

Assault Weapons - Legal Issues

Assault weapons were not clearly defined when Clinton enacted the Federal Assault Weapons Ban in 1994. This law has since expired, but the definition of assault weapons is still varied depending on your source. Generally, a weapon that is semi-automatic or has one or more of the following characteristics may be considered an assault weapon:

  • A folding or telescoping stock;
  • A pistol type grip;
  • A bayonet mount;
  • A flash suppressor or barrel designed to accommodate such a device;
  • A grenade launcher;
  • A magazine that attaches outside of the grip of a pistol type gun;
  • A semi-automatic rendition of an automatic weapon;
  • A magazine that is detachable; or
  • A capacity of more than five rounds.

Even though the federal ban was only for a ten year period, some states have enacted similar bans. You must consult state law where you live to find out what kinds of weapons you are allowed to possess.

Some states may ban assault weapons, but there may be glitches in the law that allow individuals to add on after market to their weapons and legally possess such a firearm.

The reason that assault weapons were banned is that they are not meant for hunting, but rather they are meant for killing. Similar weapons are used in wars. They are not for hobby shooting at ranges and such, but are for more serious activities. Thus, the laws against individual citizens owning or carrying them are in place to protect the public from the danger that these weapons can present. If social upheaval occurs, and these weapons are wide spread in the homes of citizens, it is hard to imagine what may occur. Because the United States has a well developed military, the law preventing civilians from carrying certain dangerous weapons does not apply to the military who are acting in the course of their active duty.

Getting Legal Help

If you have legal questions about whether or not the type of weapon you possess is legal in your jurisdiction, contact an attorney who practices criminal law in your state. Your attorney will explain how both local and federal law interact to make your possessions either legal or illegal.

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