Federal Assault Weapons Ban: Legal Issues (CRS Report for Congress)
Premium Purchase PDF for $24.95 (17 pages)
add to cart or
subscribe for unlimited access
Pro Premium subscribers have free access to our full library of CRS reports.
Subscribe today, or
request a demo to learn more.
| Release Date |
Feb. 14, 2013 |
| Report Number |
R42957 |
| Report Type |
Report |
| Authors |
Vivian S. Chu, Legislative Attorney |
| Source Agency |
Congressional Research Service |
Summary:
In the 113th Congress, there has been renewed congressional interest in gun control legislation. On January 16, 2013, President Obama announced his support for legislation on gun control, including a ban on certain semiautomatic assault firearms and large capacity ammunition feeding devices. Senator Dianne Feinstein introduced S. 150, the Assault Weapons Ban of 2013, which would prohibit, subject to certain exceptions, the sale, transfer, possession, manufacturing, and importation of specifically named firearms and other firearms that have certain features, as well as the transfer and possession of large capacity ammunition feeding devices. Representative Carolyn McCarthy introduced a companion measure, H.R. [House Resolution] 437, in the House of Representatives. S. [Senate bill] 150 is similar to the Assault Weapons Ban of 1994 (P.L. [Public Law] 103-322) that was in effect through September 13, 2004. The Assault Weapons Ban of 1994 was challenged in the courts for violating, among other things, the Equal Protection Clause and the Commerce Clause. This report reviews the disposition of these challenges. It also discusses Second Amendment jurisprudence in light of the Supreme Court's decision in 'District of Columbia v. Heller' and how lower courts have evaluated state and local assault weapons bans post-'Heller'.
