The AWB of 2013

Dianne Feinstein holding an AR15 rifle

Dianne Feinstein recently released high level details of her new proposed "assault weapons ban" (AWB) on her website.  As expected, she has rewarmed the original 1994 law for which she was partially responsible but also made some critical changes.

Here are a few of the details.

• Ban the sale, transfer, importation, or manufacturing of:  

• 120 specifically named firearms- Certain other semi-automatic rifle, handguns, shotguns that can accept detachable magazines and have one military characteristic 

• Semi-automatic rifles and handguns with a fixed magazine that can accept more than 10 rounds

This is considerably more restrictive than the original ban of 1994.  She is banning the the sale of both semi-automatic handguns and rifles that accept detachable magazines and have one "military characteristic".  She hasn't defined the list of "military characteristics" yet, however it has changed from the list used in 1994.  The list will likely include a pistol grip, detachable magazine or calibers such as 9mm, 45 ACP, .223/5.56, 7.62x39, etc.  If that is the case pistols like the Glock, S&W M&P, Beretta M9, etc. would be banned as well as most modern semi-automatic rifles.

She's also gone the extra step of identifying firearms yet to be designed that might skirt the intent of the law.  She added firearms that have fixed magazines (aka non-removeable) that hold over 10 rounds to the bill.  For example, Glock could make a pistol with a non-removeable magazine that could be loaded through the top with stripper clips and held 19 rounds.  This would have been legal under the 1994 law, but not under the proposed 2013 law.

This law could in fact ban most modern handguns and rifles.

The law also makes the sale or transfer of banned firearms illegal.  You will never be able to sell or trade your banned firearms.  It has not specified yet, however we can assume that if you're unable to transfer your banned firearms they will likely be destroyed once you die.

But it gets worse:

• Moving from a 2 military characteristic test (1994 law) to a 1 military characteristic test 

• Eliminating "easy to remove" bayonet mounts and flash suppressors from the military characteristics list 

• Bans firearms with thumbhole stocks and bullet buttons

By moving to a 1 characteristic test they can ban all rifles with a pistol grip.  There is no more need for using bayonet lugs or flash suppressors as characteristics since all it takes is one - the pistol grip or detachable magazine to ban a firearm.

She also specifically bans thumbhole stocks and bullet buttons as potential work-a-rounds to the law.  Under the 1994 law manufacturers could still make rifles that had many of the same features as a banned firearm by using a thumbhole stock.  This new law is designed to prevent any work-a-rounds.  AR15's, AK's, Mini-14's, M1A's, even the Remington 750 Woodmaster deer rifle and the Browning BAR deer rifle could be banned under this law because they have a detachable magazine.  Yes, they may be coming after your semi-automatic deer rifles this time.  The website claims "900 specifically named firearms" would be excluded from the law, but we've not see that list.  Heck, the Ruger 10/22 may be included in the ban for all we know.

But wait, we're not done yet.

• Grandfathering of legally owned firearms possessed on the day of enactment

That sounds good, right?  We're still not done yet.

• Requires that grandfathered firearms be registered under the National Firearms Act (NFA) 

• Background check through the FBI is required  

• Type and serial number of the firearm will be kept by the government 

• Positive identification of owners including pictures and finger prints will be required 

• Certification by your local law enforcement (signature) stating you may own the firearms in their jurisdiction 

• Dedicate funding to the ATF to implement registration

The new law would allow us to keep our banned firearms but we would have to register them under the NFA (National Firearms Act).  There are a few problems with this.

First - she's calling it what it is - REGISTRATION.  Registration is the first step to confiscation and may be argued is unconstitutional.  That will have to be decided by the courts should the law pass.

The NFA has 9 examiners and I believe they've been approved for a total of 12.  Right now there is a 8 month wait to get a firearm registered under the NFA and that's with only a few thousand registrations a month being processed. Under this law literally MILLIONS of registrations would hit within weeks.

Who's paying for this?  Are we going to borrow more money from China to register our guns or will Obama simply print more money to cover the expenses?  New databases will have to be built, the FBI will be SLAMMED with background checks and processing of finger prints, local LEO's will be inundated with requests for approvals/signatures.  Do they plan to pay the states to hire full time staff to process these millions of requests?

Some states do not allow citizens to own NFA firearms.  Will citizens of such states have to turn in their firearms?

If you want to take your NFA registered AR15 to a rifle class out of state, or if you want to take it on a hunting trip out of state, you won't be able to simply throw it in the trunk and go.  NFA firearms can not be legally moved across state lines without the owner filing a 5320.20 form with the ATF.  It can take 4 months or more to get approval to transport your NFA firearm across state lines.  Given there will be considerably more requests for 5320.20's, you can expect that 4 months to turn into 8 months or more.  The ATF might actually be required to start charging for processing to keep up with the incredible costs of doing all this paperwork.

In short, if this law passes most modern handguns and rifles will likely be banned.  You will have to register your Glock and M&P with the NFA if you want to keep it.  If you want to travel out of state with your handgun or rifle you will have to file a request with the ATF and wait months for approval or risk being in violation of the NFA and being arrested.  Such an arrest would cause you to lose your gun rights forever.  If you have a collection of firearms as an investment, your investment will be lost as you will not be able to transfer or sell any banned firearm.

Please, act now to protect your rights.  If you sit silent and allow this bill to pass, you will forever lose your rights to this new law.  Please follow this link which will take you to the Congressional website where you can send a letter to your representatives and the President quickly and easily.

Congress.org - Write your Representatives