House-Reported Assault Weapons Ban of 2022 (H.R. 1808)
July 21, 2022
House-Reported Assault Weapons Ban of 2022 (H.R. 1808)
On July 20, 2022, the House Committee on the Judiciary
climb. Some gun experts argue that all true assault weapons
amended and reported along party lines (25-18) the Assault
are at least fully automatic—that is, machineguns.
Weapons Ban of 2022 (H.R. 1808), a bill that would
prohibit the importation, sale, manufacture, transfer, or
The two semiautomatic firearms most widely available to
possession of certain firearms classified as “semiautomatic
the American public that could be considered variants of
assault weapons” (SAWs). It would also ban large capacity
military-issued “assault weapons” would be the Armalite
ammunition feeding devices (LCAFDs), or magazines and
(AR) and Avtomat Kalashnikova (AK) rifles. AR-type
other devices that can hold and/or feed more than 15 rounds
firearms are most often chambered for 5.56x45mm
of ammunition into a firearm. Supporters of the bill believe
cartridges, a small caliber, high velocity round that was
that it may curtail the availability of firearms and devices
based on a civilian cartridge, .223 Remington. It is notable
that have contributed to the deadliness of recent mass
that the AR-15 is modular in design and can be outfitted
public shootings, particularly AR-15-type rifles. Opponents
with upper receivers and barrels that can accommodate a
of the bill maintain that AR-15 rifles are functionally no
wider variety of cartridges, from .22 long rifle to .308
deadlier than other semiautomatic rifles.
Winchester. AK-type firearms are generally chambered for
7.62x39mm cartridges, the round normally associated with
Semiautomatic v. Full Auto
AK-47s. In response to the American 5.56x45mm cartridge,
Self-loading firearms come in two variants: semiautomatic
the Soviet Union developed a comparable small caliber,
and fully automatic. Semiautomatic firearms redirect some
high velocity cartridge, 5.45x39mm. In fully automatic fire,
of the energy of a fired round of ammunition to eject a
an AR-15 firearm in the hands of a well-trained shooter has
spent casing and chamber a fresh round. Semiautomatic
an effective firing rate of 100 to 150 shots-per-minute
firearms can be fired continuously, but only shoot one
(spm), and in semiautomatic fire, 45 to 65 spm. In full
round per trigger pull. They are not machineguns, which are
automatic fire, an AK-47 has an effective firing rate of 100
fully automatic and fire multiple rounds while the trigger is
spm, and in semiautomatic fire, 40 spm. The Soviets also
pulled back until the available ammunition is spent or the
produced an AK-type firearm chambered for 12 gauge shot
trigger is released. All modern firearms capable of firing
shells, a shotgun known as the Saiga.
self-contained, fixed ammunition (casing, primer,
propellant, and projectile(s)) are regulated under the Gun
Expired 1994-2004 SAW-LCAFD Ban v. H.R. 1808
Control Act of 1968 (GCA, 18 U.S.C. §§921 et seq.).
Under the Violent Crime Control and Law Enforcement Act
Semiautomatic firearms are generally regulated under the
of 1994 (P.L. 103-322), Congress enacted a 10-year ban on
GCA. Machineguns, short-barreled rifles and shotguns
the possession, transfer, and further domestic manufacture
(some of which are semiautomatic), as well as smoothbore
of SAWs and LCAFDs. Under the now-expired ban, SAWs
handguns are further regulated under the 1934 National
were defined in two ways. First, certain firearms, or copies
Firearms Act (NFA; 26 U.S.C. §§5801 et seq.).
or duplicates of those firearms in any caliber, were defined
as SAWs by make (in most cases) and model (e.g., the Colt
What Are “Assault Weapons”?
AR-15 rifle, INTRATEC TEC-9 pistol, or revolving
According to many firearms experts, “assault rifles” were
cylinder shotguns similar to the Street Sweeper). Second,
developed during World War II to provide a lighter infantry
other firearms were defined as SAWs if they included any
shoulder arm that could fire more rounds, more rapidly, and
two of several specified characteristics. For example, a rifle
more easily. To increase capacity of fire, detachable, self-
met the SAW definition if it was able to accept a detachable
feeding magazines were incorporated into these rifles.
magazine and included two or more of the following five
Many were configured with a “select fire” feature that
features: (1) a folding or telescoping stock; (2) a pistol grip
allowed them to be fired in fully automatic mode, in short
that protruded conspicuously below the action of the
bursts (such as three rounds per pull of the trigger), or in
firearm; (3) a bayonet mount; (4) a muzzle flash suppressor
semiautomatic mode (one round per pull of the trigger).
or threaded barrel capable of accepting such a suppressor;
Mid-size rifle cartridges were adopted, so more ammunition
or (5) a grenade launcher. There were similar definitions for
could be carried, and the ammunition loads would be
pistols and shotguns classified as SAWs. The expired
lighter. Mid-size rifle rounds reduce the recoil or “kick,”
LCAFD ban also prohibited detachable magazines with a
making such rifles easier to handle and keep on target. Ease
capacity to hold more than 10 rounds. SAWs and LCAFDs
of handling was further enhanced by gas-operated actions
that were legally possessed prior to the date of enactment
that redirect gases of a fired round from a barrel port, back
were exempted from the ban and remained legally
through a tube, and into the firearm receiver and action,
transferrable under applicable federal and state laws.
activating the bolt carrier and trigger assemblies. Hence, it
Arguably, however, the U.S. firearms industry quickly
makes the firearm action more efficient and reduces muzzle
adapted by removing the requisite number of offending
https://crsreports.congress.gov
House-Reported Assault Weapons Ban of 2022 (H.R. 1808)
characteristics (e.g., the bayonet lug and flash suppressor),
Criminal Background Check System. However,
producing “sporterized” variants of the banned firearms.
grandfathered LCAFDs would be non-transferable,
meaning they would become contraband whenever their
H.R. 1808 is modeled on previous law. It too would ban
lawful owners give up custody. Notably, the reported bill
certain firearms by make and model (e.g., the Bushmaster
would also prohibit non-FFLs from storing or keeping
XM15 rifle, CZ Scorpion pistol, IZHMASH Saiga 12
under their dominion or control any grandfathered firearm
shotgun). Other firearms would be defined as SAWs if they
that they know or have reasonable cause to believe would
included any one of several specified characteristics, a
be accessible to any person prohibited from receiving or
move that could make it more difficult for the industry to
possessing a firearm under 18 U.S.C. §922(g), (n), or (x).
adapt and “sporterize” banned firearms. While H.R. 1808 as
introduced would have banned LCAFD capable of holding
AR- and AK-Type Rifles in Circulation
more than 10 rounds, the reported bill would ban such
There are roughly 400 million firearms available for
devices capable of holding more than 15 rounds. Both
civilian transfer in the United States. According to one
versions of H.R. 1808 would also ban semiautomatic rifles
estimate, there were an estimated 1.5 million SAWs in
and pistols with fixed (as opposed to detachable) magazines
civilian circulation in 1994. According to the National
that hold more than 15 rounds.
Shooting Sports Foundation (NSSF), from 1990 through
2020, nearly 24.5 million AR- and AK-type rifles were
Under its one characteristic test, H.R. 1808 would ban any
introduced into the U.S. civilian gun stock. Over the same
semiautomatic rifle that has the capacity to accept a
31 years, according the Bureau of Alcohol, Tobacco,
detachable ammunition feeding device that is not a fixed
Firearms and Explosives, over 249.3 million firearms have
magazine and has one of the following characteristics: (1)
been introduced into the U.S. civilian gun stock.
pistol grip; (2) forward grip; (3) a folding, telescoping, or
Interestingly, the NSSF data shows over 870,000 AR- or
detachable stock, or is otherwise foldable or adjustable in a
AK-type rifles being introduced into the U.S. civilian gun
manner that operates to reduce the length, size, or any other
stock from 1990 to 1994, meaning that such rifles may have
dimensions, or otherwise enhances the concealability, of the
possibly constituted more than half of SAWs in civilian
weapon; (4) a grenade launcher; (5) a barrel shroud; or (6) a
circulation at that time. In 2020 alone, nearly 17 million
threaded barrel. It would also ban any semiautomatic rifle
firearms were introduced into the U.S. civilian gun stock, of
that has a fixed ammunition feeding device with the
which an estimated 2.8 million were AR- or AK-type rifles.
capacity to accept more than 15 rounds, except for an
It is notable that in the past 15 years, AR- and AK-type
attached tubular device designed to accept, and capable of
pistols have become increasingly popular with the gun-
operating only with .22 caliber rimfire ammunition.
owning public. These pistols may not be reflected in the
NSSF data, but they would likely be banned under H.R.
H.R. 1808 would ban any semiautomatic pistol that has an
1808 because they typically weigh more than 50 ounces
ammunition feeding device that is not fixed and has any one
unloaded. For more information on such pistols, see CRS In
of the following characteristics: (1) a threaded barrel; (2) a
Focus IF11763, Handguns, Stabilizing Braces, and Related
second pistol grip; (3) a barrel shroud; (4) the capacity to
Components.
accept a detachable magazine at some location outside the
pistol grip; (5) a semiautomatic version of an automatic
Gun Violence and Mass Public Shootings
firearm; (6) a manufactured weight of 50 ounces or more
In any given year, between two-thirds and three-quarters of
when unloaded; or (7) a buffer tube, stabilizing brace or
all criminal homicides in the United States are committed
similar component that protrudes horizontally behind the
with firearms. About one-half of those homicides are
pistol grip. Also, it would ban any semiautomatic pistol
committed with handguns. From 1997 to 2020, CRS
with a fixed ammunition feeding device that has the
confirmed that there were roughly 30 quadruple or greater
capacity to accept more than 15 rounds.
homicides on average, per year in the United States. From
1997 to 2020, CRS identified 729 quadruple or greater
H.R. 1808 would ban any semiautomatic shotgun that has
homicide incidents. In 500 of those homicide incidents, at
the capacity to accept a detachable ammunition feeding
least four victims were killed by gunfire. In another 62
device or fixed ammunition feeding device that has the
incidents, at least some of the victims were killed by
capacity to accept more than five rounds and has any one of
gunfire. In 167 incidents, the victims were killed in some
the following characteristics: (1) a folding, telescoping, or
other manner (e.g., stabbings, bludgeonings, arson,
detachable stock; (2) a pistol grip or bird’s head grip; (3) a
bombings, etc.). Of these 729 incidents, CRS has classified
fixed magazine with the capacity to accept more than five
124 as “mass public shootings,” defined as any incident in
rounds; (4) a forward grip; or (5) a grenade launcher. Also,
which four or more victims died by gunfire in public
it would ban any shotgun with a revolving cylinder.
location(s) and the murders are not attributable to any other
underlying criminal activity or commonplace circumstance.
H.R. 1808 as introduced and reported would grandfather in
In 45 of those incidents (36%), the assailants carried rifles
SAWs and LCAFDs lawfully held prior to enactment.
or pistols capable of accepting detachable magazines that
Unlike H.R. 1808 as introduced, however, the reported bill
might have previously fallen under the expired SAW ban
would allow grandfathered firearms to be transferred, but
and may now fall under H.R. 1808. Since the July 20, 2012,
such transfers would be required to be made through a
Aurora, CO, theater shooting, in 63 mass public shootings,
federally licensed gun dealer, or federal firearms licensee
26 assailants (41.3%) used AR-type rifles or pistols and two
(FFL), so a firearms eligibility check could be run on the
assailants used AK-type firearms. For further information,
transferee (buyer/recipient) through the National Instant
https://crsreports.congress.gov
House-Reported Assault Weapons Ban of 2022 (H.R. 1808)
see CRS Report R44126, Mass Murder with Firearms:
William J. Krouse, Specialist in Domestic Security and
Incidents and Victims, 1999-2013.
Crime Policy
IF12174
Disclaimer
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