STATE ASSAULT WEAPONS BAN STATUTES
ATF State Laws
and Published Ordinances - Firearms (2004 - 25th Edition)
CALIFORNIA
Cal. Penal Code §12275 et seq.
(Effective
Date: January 1, 1990, Amended 1999)
The manufacture, distribution, transportation
and importation of assault weapons in California and magazine capacity is governed
by the Roberti-Roos Assault Weapons Act of 1989 (the “Act”), as amended.;
An “Assault Weapon” under the Act is any firearm that is: 1.) specifically
listed by name in the Act , 2.) deemed an assault weapon because the firearm
is one of a “series” (e.g. AK and AR-15 series weapons), or 3.) falls within
the definition of an “assault weapon” under the Act because of its
characteristics. Assault weapons cannot be possessed in California unless
they were previously registered with the State within the designated time period
following the effective date of the Act or any subsequent revisions thereto.
Unregistered assault weapons must be sold to a licensed dealer, transferred
out of state or rendered inoperable. Transfers of assault weapons within the
state can only be made to licensed dealers or law enforcement. Owners of assault
weapons who relocate to California must follow separate procedures in order
to retain possession of their firearms. Use of lawfully possessed assault weapons
is restricted.
Individuals and businesses with an inventory of assault weapons exceeding
a certain quantity are subject to annual inspection by the California Department
of Justice for security, safe storage and state government inventory
reconciliation purposes.
Magazine Capacity:
The term “large capacity magazine” means “any ammunition feeding device with
the capacity to accept more than 10 rounds, but shall not be construed to
include any of the following:
(A) A feeding device that has been permanently altered so that
it cannot accommodate more than 10 rounds.
(B) A .22 caliber tube ammunition feeding device.
(C) A tubular magazine that is contained in a
lever-action firearm.” §12020(c)(25)
Although California does not prohibit the possession of large
capacity magazines, it does generally make it unlawful to manufacture, import,
sell or transfer any large capacity magazine.; §12020(a)(2);
Answers to frequently asked questions regarding the registration
of assault weapons in California can be found at the California
Attorney General's Website.
CONNECTICUT
Conn. Gen. Stat. §53-202a et seq.
(Effective
Date: October 1, 1993, Amended 2001)
“Assault Weapons” are defined at §53-202a of the Connecticut General Statutes. A current
list of identified assault weapons can be found at the Connecticut Department of Public Safety's Website.
Possession of assault weapons in Connecticut is restricted to
law enforcement and to individuals who have a Certificate of Possession.
No further Certificate of Possession will be issued by the state to an individual
for assault weapons identified on the list unless the individual was out of
state on military duty and unable to register by October 1, 1994, or received
an assault weapon through bequest or intestate succession. Use of registered
assault weapons is restricted to designated places.
Connecticut law does not limit the transfer or require the
registration of assault weapons not on the list if such assault weapons were
manufactured prior to September 13, 1994.
Firearms dealers may purchase assault weapons accompanied by a
Certificate of Possession or purchase non-Certificate bearing assault weapons
owned by individuals relocated to Connecticut less than 90 days, but can only
sell the assault weapons to other dealers, law enforcement agencies or out of
state.
Magazine Capacity: NO prohibitions.
More information concerning Connecticut’s treatment of assault weapons can
be found at the Department of Public Safety's Website.
HAWAII
Haw. Rev. Stat §134 et seq.
(Effective Date:
July 1, 1992)
Under the laws of Hawaii, it is unlawful to manufacture,
possess, acquire, sell, or otherwise transfer “Assault Pistols.” An assault pistol that was registered
prior to July 1, 1992 is grandfathered. Sales and transfers of assault pistols
within the state can only be made to a licensed dealer or a county chief of
police. Assault pistols acquired through bequest or intestate succession must,
within 90 days, be rendered permanently inoperable, sold or transferred to a
licensed dealer of removed from the state.
Magazine Capacity: There is an outright ban on detachable magazines with a capacity in excess
of 10 rounds that are designed for or capable of use with a pistol are
prohibited.
MARYLAND
Md. Crim. Law Code §4-301 et seq. and Md. Public Safety
Code §5-101 et seq.
(Effective Date: June 1, 1994)
The Criminal Laws of Maryland prohibit the possession, sale, importation,
transfer purchase and acquisition of "Assault
Pistols." However, an individual owning a properly registered assault pistol
prior to June 1, 1994 may continue possess the device. There are no restrictions
on purchases, sales or deliveries made to or by licensed dealers and
manufacturers selling or transferring assault pistols to dealers in another
state.
Maryland’s Public Safety Code further regulates other
firearms identified as “Assault Weapons.” Purchasers of assault
weapons may be subject to restrictions on the number of assault weapons they
can buy during a certain period, heightened background checks and longer waiting
periods.
Magazine Capacity: The manufacture, sale, purchase, acquisition
or transfer of detachable magazines with the capacity
in excess of 20 rounds of ammunition is prohibited. Maryland
does not prohibit the possession of large capacity magazines, however.
MASSACHUSETTS
Mass. Gen. Laws Ch. 140 §121 et
seq.
(Effective Date: October 22, 1998)
Under Massachusetts law, “No person shall sell, offer for sale, transfer or
possess an assault weapon or a large capacity feeding device that was not
otherwise lawfully possessed on September 13, 1994.”
The terms “Assault Weapon” and “Large Capacity Feeding Device” are defined at
Chapter
140, §121 of the Commonwealth of Massachusetts General Laws.
On July 1, 2004, Massachusetts extended its assault weapons ban. In
extending the ban, the Massachusetts Legislature upheld the state’s definition
of “assault weapons,” which was substantially similar to that
found in the now defunct federal assault weapons ban.
Massachusetts also uses the term “Large Capacity Weapon” which is defined as
“any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large
capacity feeding device; (ii) that is semiautomatic and capable of accepting, or
readily modifiable to accept, any detachable large capacity feeding device;
(iii) that employs a rotating cylinder capable of accepting more than ten rounds
of ammunition in a rifle or firearm and more than five shotgun shells in the
case of a shotgun or firearm; or (iv) that is an assault weapon.” For a list of
firearms not categorized as a “Large Capacity Weapons“ see Chapter 140,
§121.;
In order to purchase, acquire or otherwise possess and carry large capacity
firearms and feeding devices, a license must be obtained. Individuals possessing
an assault weapon or large capacity feeding device on September 13, 1994, may
continue to sell, transfer and possess the assault weapon or feeding device.
Magazine Capacity: Massachusetts law regulates “(i) a fixed
or detachable magazine...or similar device capable of accepting, or that can
be readily converted to accept, more than ten rounds of ammunition...; or (ii)
a large capacity ammunition feeding device as defined in the federal Public
Safety and Recreational Firearms Use Protection Act, 18
U.S.C. §921(a)(31) as appearing in such section on September 13, 1994.”
NEW JERSEY
N.J. Rev. Stat. §2C-39-1 et seq.
(Effective
Date: May 30, 1990)
For the definition of an “Assault Firearm” under New Jersey law click HERE.
Under New Jersey law, an assault weapon cannot be manufactured, transported,
sold, disposed of or possessed without first obtaining a license and properly
registering the assault weapon. Other restrictions regarding assault
weapons and large capacity ammunition magazines can be found in §§2C:39-9 g and h.
Magazine Capacity: New Jersey prohibits the manufacture, transport,
sale or disposal of large capacity ammunition magazines capable of holding
more than 15 rounds other than for military or law enforcement purposes.
Owners in possession of an assault weapon prior to the effective date of New
Jersey’s assault weapons ban had until May 30, 1991 to register their weapons in
order to maintain possession. Failure to register required the owner to transfer
their weapon, render it inoperable or relinquish it to law enforcement. A
similar time frame was allotted to individuals who purchased weapons on or
before May 1, 1990 that were used for legitimate target-shooting purposes.
NEW YORK
N.Y. Penal Law §265.00 et seq.
(Effective
Date November 1, 2000)
New York law prohibits the manufacture, possession, transport, shipping,
disposition, and willful defacement or assault weapons or large capacity
ammunition feeding devices.
The definitions of “Assault Weapon” and "Large Capacity Ammunition Feeding
Device" are found at §§265.00(22) and (23) of the New York Penal Law. New
York's definition of an "Assault Weapon" was largely modeled on the
federal definition.
The lawful possession of assault weapons prior to September 14,
1994 and any "large capacity ammunition feeding devices" manufactured before
this date may be lawfully transferred and possessed.
Magazine Capacity: New York law prohibits large capacity
magazines that can be readily restored or converted to accept more than 10
rounds of ammunition. However, magazines manufactured prior to September
14, 1994 are grandfathered and may continue to be lawfully transferred and
possessed.
The materials on this site are provided for general informational
purposes only and are not intended to constitute legal advice. Viewers
should not act upon this information without seeking professional counsel
from qualified authorities in their respective jurisdictions.
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