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H.R. 1808 Response

H.R. 1808 Response

House Bill H.R. 1808, also cited as “Assault Weapons Ban of 2022”, has a direct impact on The Second Amendment and its scope of lawfully possessed weapons. If successfully enacted, the Bill will supersede current state legislation while setting precedence for states that did not formerly have legislation. The enactment would result in the ban of weapons in common use, such as rifles, pistols, shotguns, and large-capacity magazines.

Background: In 1994, Congress adopted the Violent Crime Control and Law Enforcement Act, making it unlawful to transfer or possess a “large-capacity ammunition feeding device” not lawfully possessed on or before the law’s enactment. In addition, the law banned the manufacture, transfer, and possession of semi-automatic assault weapons. The 1994 law was passed with a Sunset provision. The Sunset provision meant that the law would cease to have an effect after a fixed period, unless renewed when the expiration date came. The legislature agreed that the law would be terminated or otherwise renewed in 2004. However, in 2004, Congress did not renew the law. Now, H.R. 1808 is the 117th Congressional attempt at revitalizing the once federal assault weapons ban.

Definitions and Impact if Passed

Large-Capacity Magazines: The Bill defines large-capacity magazines to include magazines, belts, drums, feed strips, or similar devices, including any device joined or coupled with another in any manner, that has an overall capacity of, or that be readily restored, changed, or converted to accept more than 15 rounds of ammunition; and does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

Rifles: Any semi-automatic rifle with a detachable magazine and one of the following: a pistol grip; a forward grip; a folding, telescopic, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon; a grenade launcher; a barrel shroud; or a threaded barrel. This would lead to a ban of most semi-automatic AR and AK platform rifles.

Pistols: Any semi-auto pistol with a detachable magazine and one of the following: a threaded barrel; a second pistol grip; a barrel shroud; the capacity to accept a detachable magazine at some location outside of the pistol grip; a semiautomatic version of an automatic firearm; a manufactured weight of 50 ounces or more when unloaded; a stabilizing brace or similar component. This would lead to a ban of most semi-automatic AR and AK platform pistols, as well as many semiautomatic pistols that are in common use.

Shotguns: Any semiautomatic shotgun that has the capacity to accept a detachable magazine, or a fixed ammunition feeding device that has the capacity to accept more than 5 rounds and one of the following: a folding, telescopic, or detachable stock; a pistol grip or birds head grip; a forward grip; a grenade launcher. It would also include shotguns with revolving cylinders.

Current Status

On 7/29/2022, the House of Representatives passed H.R. 1808 by a narrow margin of 217 to 213. The bill is now awaiting further vote by the Senate. The bill will not take effect unless it is passed in the Senate and is then signed into law by the President.

Here is a link to the Bill: https://www.congress.gov/bill/117th-congress/house-bill/1808/text

If you would like to voice your position on the bill, we encourage contacting your elected United States Senator’s office. We encourage reaching out promptly, to let your opinions be heard before the Senator’s vote. You can use the link below to help you contact your United States Senator: https://www.senate.gov/senators/senators-contact.htm

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The information given on this website is not legal advice. The information that may be posted in any format on this website is of a general nature and should not be construed in a person’s own situation as legal advice. If you so desire legal advice, please consult an attorney in a one-on-one setting to get legal advice that pertains to your unique circumstance.