Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Federal Legislation Introduced to Ban “Gas Operated Semiautomatic” Firearms

Friday, December 1, 2023

Federal Legislation Introduced to Ban “Gas Operated Semiautomatic” Firearms

Joe Biden has long insisted he would ban what he calls “assault weapons” and has enlisted a motley succession of extreme anti-gun legislators to aid in that effort. Now, Senators Angus King (IND-ME) and Martin Heinrich (D-NM) have joined that dubious collective by introducing perhaps the most sweeping gun prohibition bill of the 21st Century. Both had voted against prior versions of federal “assault weapons” bans, making their debut effort into the genre notable not only for its scope but as a paradigmatic in-office flip-flop. But, at the end of the day, their bill is just like its predecessors in targeting law-abiding gun owners, while leaving armed criminals unperturbed.

Most assault weapons bills to be introduced in Congress follow a similar formula. First, they ban various types of firearms by name, usually adding “their duplicates or copies,” whatever that might mean. Then they generically prohibit all semiautomatic long guns with certain supposed “military-style“ features. Finally, they ban detachable magazines based on their capacity, typically drawing the line at 10 rounds.

This bill, however, targets semiautomatic firearms of all kinds and configurations, presumptively banning them as a class, and then exempting some of them. The usual magazine ban is also included, capping legal capacity of most types of ammunition feeding devices at 10 rounds.

This legislation goes even further. If passed, the bill would order ATF to publish a list of whatever semiautomatic firearms remain legal for sale to and possession by the general public. This is likely due to the vague definitions and exemptions within the bill.

As an example, the exemption in the bill for semiautomatic handguns is so poorly written that it wouldn’t apply to many popular self-defense handguns, and, depending on its interpretation, may not apply to any handguns. Meaning the bill could ban all semiautomatic handguns.

The handgun exception applies to “a handgun that . . . is a single or double action semi-automatic handgun that uses recoil to cycle the action of the handgun.” This exception clearly excludes all blowback handguns, including extremely popular .380 self-defense handguns like the Ruger LCP, and gas delayed handguns like the HK P7. But, a narrow interpretation of what it means to “use[] recoil to cycle the action” could exclude the popular Browning short recoil operating system that is used by essentially all modern handguns of 9MM or larger caliber.

But that’s not all. Going forward, ATF would have the unprecedented authority to determine which semiautomatic firearms (if any) threaded their way through the bill’s intricate verbiage to remain lawful for “civilian” use. Just how much authority ATF would wield over the commercial gun market under these provisions is unclear, especially since the bill purports to “exempt” guns its terms wouldn’t actually ban in the first place.

The bill goes even further, however, and gives anti-gunners a third bite at the apple by granting them the right to sue to have whatever “semiautomatic” firearms that remained legal removed from ATF’s permissible list. This would render these guns’ manufacture, importation, acquisition, and possession generally illegal.

Further demonstrating its sponsors’ contempt for science, technology, and modernity (at least when it comes to guns), the bill would prohibit any modification to a permissible semiautomatic firearm that increased its “rate of fire.” This would likely ban things such as bump stocks and binary triggers, but what about more subtle upgrades that make a firearm operate more smoothly or efficiently for competitive or disabled shooters? As usual, the law’s reach is impossible to determine based on its bare text.

People who already owned firearms newly banned by the bill (and there would be MANY such people) could keep them. But they would only be able to transfer them to “immediate” family members, and only then if a federal firearm licensee processed the transfer as if it were a commercial sale, with all the government bureaucracy that entails. Newly banned magazines, on the other hand, could be possessed but not transferred by their owners.

Of course, the bill aims to demoralize and intimidate as many people as possible into giving up their right to own firearms by repurposing funds that are currently earmarked to support law enforcement to bribe Americans into surrendering their guns to the government.

We have said it many times before when it comes to “assault weapons” bans, but it bears repeating: the guns targeted by this bill are primarily owned by law-abiding people who keep them for defensive and other lawful purposes. They are in fact the most popular guns sold in America today. And, semiautomatic rifles are actually underrepresented in murders, behind not just other guns but other types of weapons, including knives and even hands and feet.

Beyond all of the practical problems with the bill, it clearly violates the Second Amendment. The Supreme Court has made clear that the Second Amendment protects arms “in common use” for lawful purposes. And just last year, the Supreme Court laid out the test for evaluating whether a law is in violation of the Second Amendment. To survive Second Amendment scrutiny, a law must be consistent with America’s history and tradition of arms regulation.

America has never had a widespread ban on categories of firearms or accessories, and there is absolutely no historical support for giving a federal agency control over what types firearms can be lawfully brought to the market. But, respect for constitutional rights has never been part of the anti-gun agenda.

In the end, this legislation follows the same path as most modern gun control by attempting to blame violent crime on America’s law-abiding gun owners while doing nothing to stop those who use firearms unlawfully.

TRENDING NOW
En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

Tuesday, July 21, 2026

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

On July 15, Governor Kelly Ayotte signed two pro-gun bills into law. 

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

News  

Tuesday, July 21, 2026

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

Since the U.S. Congress enacted the Firearm Owners’ Protection Act of 1986, an American has enjoyed the right to travel with firearms “from any place where he may lawfully possess and carry such firearm to ...

“Property Rights” Critique of Wolford Misleads on Facts and Law

News  

Tuesday, July 21, 2026

“Property Rights” Critique of Wolford Misleads on Facts and Law

On June 25, the U.S. Supreme Court decided Wolford v. Lopez. The case involved a Hawaii law that presumptively banned carry permit holders from carrying their arms onto publicly accessible private property, unless the carrier ...

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

News  

Tuesday, July 21, 2026

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

National Right-to-Carry Reciprocity has been a popular topic lately.  President Donald Trump brought it up during an appearance at a Mack Trucks facility in Macungie, Pa., on June 23, proclaiming, “National Right-to-Carry, we’re working on it.” 

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

News  

Thursday, July 16, 2026

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

On July 16, 2026, Representatives Rudy Yakym (R-IN-02) and Pat Fallon (R-TX-04) introduced H.R. 9719, the Federal Lands Lawful Carry Act. This legislation would clarify that law-abiding Americans can carry firearms on federal land and ...

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

Friday, July 24, 2026

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

The National Rifle Association joined the Second Amendment Foundation, Maryland Shall Issue, California Rifle & Pistol Association, Minnesota Gun Owners Caucus, Second Amendment Law Center, Citizens Committee for the Right to Keep and Bear Arms, ...

U.S. House Passes Legislation to Block Credit Card Gun Registry

News  

Tuesday, July 14, 2026

U.S. House Passes Legislation to Block Credit Card Gun Registry

On July 14, 2026, the U.S. House passed H.R. 1181, the Protecting Privacy in Purchases Act. This important legislation, sponsored by Representative Riley Moore (R-WV-02), would prohibit credit card companies from tracking the purchases of ...

Maine: NRA Puts the State on Notice of Intent to Sue over Conservation Funding Deficiencies

Thursday, July 23, 2026

Maine: NRA Puts the State on Notice of Intent to Sue over Conservation Funding Deficiencies

The NRA, along with our partners including the Sportsman’s Alliance of Maine and Safari Club International have put the State of Maine on notice that, on behalf of all of our members, the Association intends ...

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.