Federal AWB

**Aguila Blanca** · August 6, 2019, 11:07 PM

Things you never thought about ... or at least I didn't:

I was just researching something for my state's grass roots RKBA organization, and I stumbled across something that surprised me greatly. We all know the federal assault weapons ban expired in 2004, correct? What I didn't know is that the definition of what constitutes an assault weapon is still on the books, in the Code of Federal Regulations.

https://www.law.cornell.edu/cfr/text/27/478.11

I don't know if that makes any difference, but I had always thought that the definition was part of the same law as the AWB itself, and that when the AWB expired the definitions went away at the same time.

WRONG!

**44 AMP** · August 7, 2019, 01:20 AM

It appears that once a law creates a definition, said definition has a life of its own separate from the law that created it.

Since the Federal law the definition was created to enforce has sunset, I don't think it matters much, except that it now, still exists to be used as is, in future laws. Saves them a bit of writing, I suppose.

Not that it matters, the next round of laws will expand the definitions, it's already happened at State level.

**Aguila Blanca** · August 7, 2019, 02:00 AM

Quote:

Originally Posted by 44 AMP

Since the Federal law the definition was created to enforce has sunset, I don't think it matters much, except that it now, still exists to be used as is, in future laws. Saves them a bit of writing, I suppose.

Agreed.

Quote:

Originally Posted by 44 AMP

Not that it matters, the next round of laws will expand the definitions, it's already happened at State level.

Also agreed. The next time, it'll be a lot closer to "Assault Weapon = Gun"

**44 AMP** · August 7, 2019, 03:32 PM

As of 1 July, this year, the state of Washington redefined every semiautomatic rifle in the state as a "semiautomatic assault rifle".

There is no list of "evil" features, no, it can have this but not that, no limit on magazine capacity OR TYPE. ALL semi automatic rifles, rimfire, centerfire, detachable box or tube magazine or fixed magazine, it doesn't matter. By the definition in 1639 (uses energy of fired cartridge to load another cartridge), they are all, now, "semiautomatic assault rifles". Period.

From the most tricked out AR down your childhood Ted Williams tube fed .22 semi from Sears (which was a Winchester), ALL of them are now semiautomatic assault rifles under the law.

I expect this to be "coming soon to a state near you"!

TDL · August 13, 2019, 05:14 PM

please use the official Australian enabling definition: 'self loading.'

Quote:

There is no list of "evil" features, no, it can have this but not that, no limit on magazine capacity OR TYPE. ALL semi automatic rifles, rimfire, centerfire, detachable box or tube magazine or fixed magazine, it doesn't matter. By the definition in 1639 (uses energy of fired cartridge to load another cartridge), they are all, now, "semiautomatic assault rifles". Period.

So ruger mini 14 ranch version (no grip below the action)?

The way to look at the s is the other side wants
a) the public to think this means black, hundred rounds a second, shroud thing that goes up that they don't own; while at the same time
b) introducing and normalizing language that includes even basic most common pistols.

Consider the other side is already laying groundwork for post Heller regime where "common" firearms protection is thrown out. Does Clarence Thomas look like he spends each morning on a StairMaster? That he eschews steak in favor of kale and beans? Aggregate odds are pretty good that one of the five GOP scotus appointments does not make it five more years.

August 6, 2019, 11:07 PM	#1
Aguila Blanca Staff Join Date: September 25, 2008 Location: CONUS Posts: 18,459	Federal AWB Things you never thought about ... or at least I didn't: I was just researching something for my state's grass roots RKBA organization, and I stumbled across something that surprised me greatly. We all know the federal assault weapons ban expired in 2004, correct? What I didn't know is that the definition of what constitutes an assault weapon is still on the books, in the Code of Federal Regulations. https://www.law.cornell.edu/cfr/text/27/478.11 I don't know if that makes any difference, but I had always thought that the definition was part of the same law as the AWB itself, and that when the AWB expired the definitions went away at the same time. WRONG!

August 7, 2019, 01:20 AM	#2
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,818	It appears that once a law creates a definition, said definition has a life of its own separate from the law that created it. Since the Federal law the definition was created to enforce has sunset, I don't think it matters much, except that it now, still exists to be used as is, in future laws. Saves them a bit of writing, I suppose. Not that it matters, the next round of laws will expand the definitions, it's already happened at State level. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

August 7, 2019, 03:32 PM	#4
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,818	As of 1 July, this year, the state of Washington redefined every semiautomatic rifle in the state as a "semiautomatic assault rifle". There is no list of "evil" features, no, it can have this but not that, no limit on magazine capacity OR TYPE. ALL semi automatic rifles, rimfire, centerfire, detachable box or tube magazine or fixed magazine, it doesn't matter. By the definition in 1639 (uses energy of fired cartridge to load another cartridge), they are all, now, "semiautomatic assault rifles". Period. From the most tricked out AR down your childhood Ted Williams tube fed .22 semi from Sears (which was a Winchester), ALL of them are now semiautomatic assault rifles under the law. I expect this to be "coming soon to a state near you"! __________________ All else being equal (and it almost never is) bigger bullets tend to work better.