Understanding federal bans, state restrictions, grandfather clauses, and magazine capacity limits across the United States.
The evolution of federal regulation
The Federal Assault Weapons Ban (AWB)
Signed into law by President Bill Clinton on September 13, 1994, the Public Safety and Recreational Firearms Use Protection Act was the first federal prohibition on "assault weapons." It was part of the Violent Crime Control and Law Enforcement Act of 1994.
Sunset Provision Activated
The federal assault weapons ban automatically expired on September 13, 2004, when Congress did not reauthorize it. This meant that previously banned firearms and standard-capacity magazines became legal to purchase, sell, and possess again nationwide.
Note: While the federal ban expired, individual states have enacted their own assault weapons bans and magazine capacity restrictions.
There is currently no federal ban on "assault weapons" or standard-capacity magazines. However, the definition and regulation of these items varies significantly by state. Some states have enacted comprehensive bans, while others have no restrictions.
AR-15s, AK-47s, standard-capacity magazines in most states
CA, NY, NJ, MD, MA, CT, HI, and others have bans
Studies on the effectiveness of the 1994-2004 ban show mixed results:
Understanding feature-based and list-based definitions
Bans firearms based on having certain features, regardless of specific model:
Bans specific firearms by name, regardless of features:
Note: "Assault weapon" is a legal term, not a technical or sporting classification. It has no standardized definition and varies by jurisdiction.
The 1994 federal ban used both feature-based and named model approaches:
Many states have enacted magazine capacity restrictions. Common limits:
10
rounds (federal 1994 ban)
15
rounds (some states)
30
rounds (standard AR/AK)
Some states have no capacity limit, while others restrict to 7, 10, or 15 rounds depending on firearm type.
Current restrictions across the United States
These states prohibit most "assault weapons" and standard-capacity magazines:
These states limit magazine capacity but don't ban specific firearms:
These states have no assault weapon bans or magazine limits:
| State | Assault Weapon Ban | Mag Limit | Notes |
|---|---|---|---|
| California | Yes - Features + List | 10 rounds | Gov. Newsom's "safety standard" proposal |
| New York | Yes - Features + List | 10 rounds | SAFE Act (2013) |
| New Jersey | Yes - Features + List | 10 rounds | One of the strictest in the nation |
| Connecticut | Yes - Features | 10 rounds | Pre-ban grandfathering |
| Colorado | No | 15 rounds | Mag ban passed 2013 |
| Washington | No | 10 rounds | I-1639 (2018) |
| Vermont | No | None | Mag limits rejected by voters |
| Texas | No | None | Constitutional carry state |
Note: Laws change frequently. Always verify current restrictions in your state and any state you plan to visit or travel through with your firearms.
Understanding exemption provisions for previously owned items
Grandfather clauses allow individuals who legally owned prohibited items before a ban took effect to continue possessing those items. This prevents retroactive punishment for legal ownership while still implementing restrictions going forward.
Pre-1994 ban weapons registered with DOJ are grandfathered. Must be registered, cannot be sold to others, must be stored securely.
Pre-2013 weapons must be registered with NY State Police. Registration deadline has passed. Registered weapons can be possessed but not transferred.
Pre-2018 weapons may be kept but cannot be sold or transferred. Must be stored in a locked container when not in use.
Pre-1994 weapons are grandfathered if registered. Owners can possess and use at ranges but transfers are restricted.
Pre-2013 "copycat" weapons are grandfathered. Registration required. No transfers to in-state residents.
Magazine grandfathering works differently than firearm grandfathering in many states:
Grandfathered items can often be inherited:
Common questions about assault weapons and magazine restrictions
It depends on your state. Federally, since 2004, there is no ban. In states with assault weapons bans, AR-15s are often prohibited based on feature-based tests or named model lists. In states without bans, AR-15s are legal. The AR-15 is a semi-automatic sporting rifle, not a military assault rifle.
Standard capacity refers to magazines that hold the normal amount of ammunition the firearm was designed for. For AR-15s, this is typically 30 rounds. For 9mm pistols, it's often 15-17 rounds. These are standard, not "high-capacity," despite how they're sometimes labeled in legislation.
Generally, no. Grandfathered status is typically state-specific. Bringing a previously banned firearm into a state with an assault weapons ban can result in criminal charges, even if legally possessed in another state. FOPA may provide limited protections for transport, but you should research carefully.
In some states, yes. By removing banned features (like a pistol grip or threaded barrel), the firearm may become compliant. However, this varies by state and the specific ban language. Some states grandfather based on the original configuration, so modifications could affect grandfathered status. Consult an attorney familiar with your state's laws.
Inheritance laws vary by state. Some states allow close relatives to inherit grandfathered items, while others prohibit any transfer. Estate planning for prohibited items is essential. Consult an attorney to ensure your heirs can legally inherit your property.
In states with magazine capacity limits, 10-round magazines are typically compliant. However, some states have lower limits (7 rounds in some contexts), and some have no limits at all. Always verify the specific restrictions in your state and any state you may travel to.
Assault weapons laws vary significantly. Always verify current restrictions in your state.
Understanding feature-based and list-based definitions
Bans firearms based on having certain features, regardless of specific model. Commonly banned features include:
Bans specific firearms by name, regardless of features. These lists may include:
Note: Many states use a combination of both approaches - listing specific banned models AND banning any semiautomatic firearm with certain features.
The 1994 federal ban used a combination of both approaches. A firearm was banned if it was on the banned list OR had 2 or more of 8 specific features:
A firearm was banned if it was not on the roster AND had two or more of the listed features. This meant many popular rifles were compliant if modified to remove features.
Example: An AR-15 with a fixed stock and no pistol grip would be legal under the 1994 ban.
Magazine capacity restrictions typically specify the maximum number of rounds a detachable magazine can hold. Common limits:
Rounds (Federal 1994)
Rounds (CA, NY, CT)
Rounds (NJ, MA)
Rounds (HI, Some Local)
Fixed vs. Detachable: Many restrictions apply only to detachable magazines. Tubular magazines, internal magazines, and fixed-box magazines may have different rules.
The following are generally NOT considered "assault weapons" under most definitions:
Current restrictions across the United States
These states prohibit most semi-automatic firearms commonly called "assault weapons":
These states have some restrictions on features or magazine capacity:
These states have no state-level assault weapons ban:
| State | Assault Weapon Ban | Magazine Limit | Grandfather |
|---|---|---|---|
| California | Comprehensive ban with roster | 10 rounds | Yes (must register) |
| New York | Safe Act - strict limits | 10 rounds | Yes (with registration) |
| New Jersey | Strict ban on defined weapons | 10 rounds | Yes (before 2018) |
| Massachusetts | Feature-based + roster | 10 rounds (large capacity) | Limited |
| Connecticut | Named weapons + features | 10 rounds | Yes (pre-2013) |
| Maryland | Named weapons + features | 10 rounds | Yes (pre-2013) |
| Hawaii | Permit required | None state-level | N/A |
| Colorado | Magazine limits only | 15 rounds (magazines) | Yes (pre-2013) |
| Vermont | Magazine limits only | 15 rounds (magazines) | Yes (grandfathered) |
| Washington | Initiative 1639 (age restrictions) | None state-level | N/A |
Note: State laws change frequently. Always verify current laws in your state. Local ordinances may impose additional restrictions beyond state law.
Even in states without comprehensive bans, local governments may have their own restrictions. Examples include:
Understanding pre-ban ownership protections
A grandfather clause allows individuals who legally owned certain firearms or magazines before a ban took effect to continue possessing them. These "grandfathered" items are exempt from the prohibition but may be subject to additional requirements.
Grandfathering typically requires proof of ownership BEFORE the ban date. If you can't prove pre-ban ownership, you may not be able to keep the item.
Some states require owners to register grandfathered items with state authorities by a deadline.
Examples: California, New York, Connecticut
Some states allow grandfathered items to be transferred to certain individuals, such as family members or trusts.
Examples: Most grandfather states allow inheritance
Some states prohibit any transfer of grandfathered items - they must remain with the original owner.
Examples: New Jersey pre-ban magazines
Some states prohibit use of grandfathered items at certain locations or for certain purposes.
Examples: Hunting restrictions in some states
If you own grandfathered items, documentation is essential. Keep records of:
If you have questions about grandfather rights or need help with registration, consult a firearms attorney.
Find legal resources →Common questions about assault weapons and magazine bans
It depends on the state. The AR-15 is a semi-automatic rifle that fires one round per trigger pull - it is not a machine gun. However, some states have bans that include the AR-15 by name or by features (pistol grip, telescoping stock, etc.). Federally, the AR-15 is not an "assault weapon" and has been legal since the 1994 ban expired.
Generally, no. Most states with bans prohibit possession of banned firearms regardless of where they were purchased. Transporting such firearms through restricted states may also be illegal. There are some exceptions for specific circumstances like military transfers. Consult an attorney before attempting to transport.
The difference is simply capacity. Some states have 10-round limits (CA, NY, CT), while others allow 15 rounds (NJ, MA). Standard-capacity magazines for common pistols like Glocks are 15-17 rounds. Some states limit magazine size to reduce ammunition capacity during criminal use.
In some states, yes. Feature-based bans often allow compliant versions by removing banned features. For example, replacing a pistol grip with a " featureless" grip, adding a fixed stock, or using a non-threaded barrel. However, modifications must be complete and permanent - partially compliant firearms may still be illegal.
It varies by state. Some states allow inheritance of grandfathered items, while others prohibit any transfer. In states allowing inheritance, you typically need to register the firearm within a certain timeframe and may face restrictions on use and future transfers. Consult an attorney for your specific situation.
Most magazine bans apply only to detachable box magazines. Fixed magazines (like those in tube-fed rifles or certain shotguns) are typically not covered. However, the definition varies by state, and some states have attempted to regulate even fixed magazines. Always check your state's specific definition.
Assault weapons and magazine restrictions vary significantly. Always verify laws in your state and consult an attorney when needed.