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What Was the AWB?

 

Public Law Law 103-322, the Violent Crime Control and Law Enforcement Act of 1994, went into effect on 13 September 1994.  This bill included two “bans”: one on high capacity ammunition feeding devices, i.e., capable of holding more than ten rounds, and one on the assembly of Semiautomatic Assault Weapons (SAW).  “High capacity” magazines, i.e., of more than 10 rounds capacity, manufactured prior to 13 September 1994 could still be possessed, sold and purchased.  However, magazines produced after that date had to be dated and/or marked “Law Enforcement or Military Use Only,” and could be sold only to law enforcement agencies and the military.

 

The second ban, on SAWs, forbid the assembly of SAWs after 13 September 1994.  SAWs were defined as semiautomatic rifles capable of accepting high capacity feeding devices, and equipped with two or more dreaded evil ugly proscribed features.  These features included:

 

·         Prominent pistol grip

·         Flash Suppressor and/or threaded muzzle

·         Grenade launcher

·         Collapsible or folding stock

·         Bayonet lug

 

AR-15-type rifles necessarily had a “prominent pistol grip,” so because AR-15-type rifles qualified for consideration (semiautomatic, capable of accepting a high capacity feeding device), AR-15-type rifles assembled after the effective date of the law could not have any other proscribed feature.  Consequently, newly-assembled AR-15-type rifles for the last ten years had no muzzle device, or a non-flash-suppressing muzzle brake that had to be permanently attached, as threaded muzzles were a proscribed feature even without a flash suppressor.  Similarly, bayonet lugs were removed and collapsible stock models were not possible.

 

M-14-type rifles had a flash suppressor, so the bayonet lug had to be removed and pistol grip stocks were forbidden.  M1 Carbines could not have an M1A1 paratrooper stock installed, as that stock is both folding and has a prominent pistol grip.

 

Now that the ban has sunset, AR-15-type rifles can be assembled with any or all of the previously proscribed features.  Thus, we can offer Fulton Armory FAR-15 rifles with A2 flash suppressors*, bayonet lugs, and collapsible stocks.  Similarly, our Fulton Armory M14 rifles now have flash suppressors with bayonet lugs, and can be equipped with the Sage Stock/Accuracy System, with its collapsible stock and prominent pistol grip.

 

Further, citizens may, where permitted by state & local law, retrofit any or all of the proscribed features to their AR-15- and M14-type rifles**.  Further, since flash suppressors are not proscribed, one may install a sound suppressor (silencer) on any semiautomatic rifle, pursuant of course to the provisions of NFA ’34.  The ATF had classified sound suppressors as flash suppressors, thus effectively sound suppressors became one of the proscribed features.  Additionally in the context of NFA ’34, one can now register and assemble a Short Barreled Rifle (SBR) without concern for the formerly-proscribed features.

 

What Was a “Pre-Ban” Rifle?

 

So-called “pre-ban” rifles were rifles assembled as SAWs prior to 13 Sept 1994.  These SAWs could be possessed, sold or purchased under the law.  Note that to have been an SAW, a qualifying rifle had to have two or more of the proscribed features above.  Thus, there were no “pre-ban receivers,” as a receiver by itself, regardless of its date of manufacture, could not have had the required two or more features.  Only complete rifles could have two or more features and be classified as “pre-ban.”

 

What is a Semiautomatic Assault Weapon Now?

 

The sunset of the “AWB” means that it never existed.  Thus, the definition of “Semiautomatic Assault Weapon” has legally vanished.  There are no SAWs, no “pre-bans” or “post-bans,” as legally the ban never existed. Anyone can now possess a rifle or magazine marked "Law Enforcement or Military Only."  However, expect the press and the other enemies of Liberty to continue to misuse the term to confuse and frighten the unknowledgeable populace.

 

What About Magazines?

 

Just as with SAWs, there now is no such thing as a pre-ban or post-ban magazine.  The Federal restrictions on new-magazine capacity never existed, legally.  So stock up, now that you can.

 

What’s Next?

 

The term “Assault Weapon” was misappropriated by Josh Sugarman of Handgun Control, Inc. circa 1988.  He had been searching for a term that could be used to demonize a class of firearms pursuant to achieving their prohibition.  When he failed to make “Saturday Night Special” stick, Sugarman hit on “Assault Weapon.”  This evil-sounding term was and is difficult to defend.  We all understand what a real “Assault Weapon” is, and that “Semiautomatic Assault Weapon” is an egregious oxymoron, but what military-style firearms owners understand is never going to be the understanding of the general populace.  

 

We must give unending thanks to those legislators who were able to include the “sunset” provision of the AWB in the “Crime Bill” of 1994.  At the time, the enemies of Liberty never imagined that in 2004 there would not be action to extend and broaden the ban.  After all, that was the purpose of the ban.  Outlaw a class of firearm, any class of firearm, then over time broaden the scope of the firearms affected until all firearms eventually fell under the ban and were banned.  These enemies of Liberty did not anticipate the outrage of 9/11/2001, and the awakening of the citizenry to the need for personal responsibility for personal security.  Support for gun banning waned.

 

We cannot be complacent, however, as the enemies of Liberty never sleep, and work against us even as we sleep.  Our enemies will not relent until they have welded the broken tooth that was the AWB Sunset back to the ratchet, resuming the click click click that will turn citizens into subjects.  


Ever vigilant!

 

Walt Kuleck

Fulton Armory

Author, "The M1 Garand Complete Assembly Guide—Build your own Garand!"

Author, "The AR-15 Complete Owner's Guide"

Author, "The AR-15 Complete Assembly Guide—Build your own AR-15!"

--available from http://www.fulton-armory.com/

 

*  The AR-15 flash suppressor also serves as a grenade launcher for 22mm NATO grenades, which is why the various muzzle devices used to comply with the law had to be larger in diameter than 22mm whilst the law was in effect.


**  Rifles built with imported parts must conform to a different statute, which dictates the domestic content required to assemble a rifle in a configuration that would not be importable as lacking “sporting purpose.”