Assault Weapons Bans by State: Definitions, Exemptions, and Penalties

Ten states and the District of Columbia currently restrict assault weapons: California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, New Jersey, New York, Rhode Island, and Washington. There is no federal ban — the 1994 law expired in 2004 and Congress has not replaced it — so assault weapons bans by state are the only prohibitions in force, and each one defines the term differently, targets different conduct, and imposes different penalties. A rifle you can legally buy in one state can be a felony to possess across the border.

What Each State’s Ban Covers

The ten states and DC do not agree on what “ban” means. Some prohibit only sales and manufacture. Others criminalize possession itself.

The distinction between banning sales and banning possession is where most confusion arises. In a sales-only state you can legally keep an assault weapon you already had, but you cannot buy a new one or transfer yours to another resident. In a possession-ban state, having the firearm at all is a crime unless you fit a specific exemption or completed a grandfathering registration.

Other states have considered bans without enacting them. Colorado’s HB24-1292 died in committee in 2024, and Minnesota’s 2025-2026 bill has not been enacted as of early 2026. Check your state legislature before buying or moving a firearm, because this list changes.

How States Decide What Counts as an Assault Weapon

Two methods do most of the work, and most ban states use both.

Named Model Lists

The direct approach is naming manufacturers and models in the statute. California extends its list to any model that is “only a variation, with minor differences” of a listed firearm.1California Legislative Information. California Code, Penal Code PEN 30510 – Assault Weapon Definition Connecticut’s list runs to about 50 rifles, more than 20 pistols, and several shotguns.3Justia. Connecticut Code 53-202a – Assault Weapons Definitions New Jersey’s “substantially identical” language catches firearms marketed under different names but functionally matching a banned model.12New Jersey Division of Criminal Justice. Guidelines Regarding the Substantially Identical Provision in the State’s Assault Firearms Laws Named lists give clear notice but age quickly as manufacturers release new models.

Features-Based Tests

Features tests define an assault weapon by mechanical characteristics. The structure is consistent: a semi-automatic firearm with a detachable magazine is an assault weapon if it has one or more restricted features. The features themselves — pistol grips, folding or telescoping stocks, thumbhole stocks, forward grips, flash suppressors, threaded barrels — are broadly similar across states.

What differs, and matters most in practice, is how many features trigger the ban. California, New York, Illinois, and DC use a one-feature test for semi-automatic rifles with detachable magazines.2California Legislative Information. California Code, Penal Code PEN 305159New York State Senate. New York Consolidated Laws, Penal Law PEN 265.00 Massachusetts and Maryland use a two-feature test.7General Court of Massachusetts. Massachusetts General Laws Chapter 140, Section 1216Maryland General Assembly. Maryland Code, Criminal Law 4-301 – Definitions Under a one-feature test, a standard AR-15-style rifle with a pistol grip is banned even with no other military-style features. Under a two-feature test, the same rifle might be legal.

Some states also ban semi-automatic firearms with fixed magazines holding more than 10 rounds, regardless of other features.2California Legislative Information. California Code, Penal Code PEN 30515 Revolving-cylinder shotguns are prohibited in nearly every ban jurisdiction.

If You Already Owned One Before the Ban

Most ban states let pre-ban owners keep their firearms, but only through a registration process with hard deadlines. Miss the window and the firearm becomes contraband that no later paperwork can rescue.

Illinois required an endorsement affidavit submitted through the Firearm Owner’s Identification Card account by January 1, 2024.5Illinois State Police. Protect Illinois Communities Act, Regulation on Assault Weapons California’s bullet-button assault weapon registration deadline was June 30, 2018, with a brief reopening under a federal court order in early 2022.13Office of the Attorney General – State of California. Bullet-Button Assault-Weapon Registration Information New York set its own deadline after the SAFE Act’s passage.14Gun Safety in New York State. Changes to the SAFE Act

Registration typically requires make, model, caliber, serial number, and personal identification, and some states add fingerprinting and a background check. A registered assault weapon usually cannot be sold or transferred within the state. When the owner dies or moves away, the firearm generally has to be surrendered, taken out of the state, or rendered permanently inoperable. Each grandfathered weapon is effectively on its last owner in that jurisdiction.

Magazine Capacity Limits

Assault weapons bans almost always come with large-capacity magazine limits, and some states cap magazines without banning assault weapons at all. Fourteen states currently restrict magazine capacity — the ten ban states plus Colorado, Oregon, Rhode Island, and Vermont — most at 10 rounds.

New York’s SAFE Act originally set a seven-round loaded limit but suspended it; magazines holding up to 10 rounds remain legal.14Gun Safety in New York State. Changes to the SAFE Act Owners of over-capacity magazines have generally faced the same options as assault weapon owners: register, modify to a smaller capacity, surrender to law enforcement, or sell out of state.15Gun Safety in New York State. Resources for Gun Owners

Traveling Through a Ban State

Federal law offers a narrow protection if you need to move a legally owned firearm across a state that bans it. Under 18 U.S.C. § 926A, the Firearm Owners Protection Act safe-passage provision, you can transport a firearm through a restrictive state if it is legal at the start and end of your trip. The firearm must be unloaded and inaccessible from the passenger compartment, and in vehicles without a trunk it has to be in a locked container other than the glove compartment or center console.16Office of the Law Revision Counsel. Interstate Transportation of Firearms

Enforcement is messier than the statute. Overnight stops, detours, or an unrelated arrest can lead local authorities to challenge whether FOPA applies. Courts have read “transport through” narrowly, and extended time in a ban state weakens the defense. Treat safe passage as something you would rather not have to argue.

Who and What Is Exempt

Every ban state exempts active-duty law enforcement, and retired officers who maintain required certifications often keep the privilege. Military personnel under official orders are typically exempt as well.

On the firearm side, manually operated weapons — bolt-action rifles, pump-action shotguns, lever-action rifles — are excluded from every state’s definition. Antique firearms made before 1899 are exempt from most firearms regulations, including assault weapons bans and federal background check requirements.17U.S. GAO. Brady Act Instant Background Check Is Not Applicable to Antique Firearms Rimfire rifles are excluded in several states. Firearms rendered permanently inoperable are exempt everywhere.9New York State Senate. New York Consolidated Laws, Penal Law PEN 265.00

Penalties

Penalties range widely. Washington treats a violation of its sale-and-distribution ban as a gross misdemeanor.10Washington State Legislature. House Bill 1240 New Jersey classifies knowing possession of an assault firearm as a second-degree crime, carrying significant prison time.18Justia. New Jersey Revised Statutes Section 2C:39-5 – Unlawful Possession of Weapons

Connecticut treats possession as a class D felony with a mandatory minimum of one year that cannot be suspended, though a first-time offender who proves lawful pre-ban ownership may face a reduced class A misdemeanor charge.19Justia. Connecticut Code 53-202c – Possession of Assault Weapon Prohibited, Exemptions, Class D Felony Delaware imposes a class F felony for a first offense and a class E felony for a subsequent offense within 10 years.4Delaware General Assembly. House Bill 450 – Delaware Lethal Firearms Safety Act of 2022

The state charge is not the end of the exposure. Under federal law, anyone convicted of a crime punishable by more than one year in prison is prohibited from possessing any firearm. A felony conviction for an assault weapons violation ends your ability to own firearms nationwide, not just the type that caused the original charge.

Where the Constitutional Fight Stands

State bans are being challenged, and the framework is unsettled. The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen requires the government to show that a gun regulation fits within the nation’s historical tradition of firearms regulation.

Federal appeals courts have upheld assault weapons bans under that standard so far. The Fourth Circuit, reviewing Maryland’s ban in Snope v. Brown, ruled that assault weapons are not protected by the Second Amendment because they are military-style weapons disproportionate to self-defense needs. The Supreme Court declined to hear the case in 2025, though Justice Kavanaugh wrote separately that the Court “should and presumably will address the AR-15 issue soon.” Challengers argue AR-15-style rifles account for roughly 20 percent of firearm sales and are among the most commonly owned firearms in the country.

Every state ban remains enforceable today. A Supreme Court ruling in the next few years could reshape or eliminate some of them, but until then the state map is the map that governs.