H.R. 3115 — Assault Weapons Ban of 2025

This section adds definitions to 18 U.S.C. §921(a) for “semiautomatic pistol” (i.e., a repeating pistol utilizing the energy of a fired cartridge to extract and chamber the next round, requiring a separate trigger pull for each cartridge), “semiautomatic shotgun” (defined similarly for shotguns and shells), and “semiautomatic assault weapon.” The term “semiautomatic assault weapon” includes (1) a semiautomatic rifle accepting a detachable magazine with any one of specified features (e.g., pistol grip, forward grip, folding/telescoping/detachable stock, grenade launcher, barrel shroud, threaded barrel); (2) a semiautomatic rifle with a fixed magazine holding more than 15 rounds (except certain .22 caliber rimfire tubular devices); (3) any part, device, or accessory accelerating the rate of fire of a semiautomatic firearm without converting it to a machinegun; (4) a semiautomatic pistol with a detachable magazine and any one of specified features (e.g., threaded barrel, second pistol grip, barrel shroud, magazine mount outside the grip, semiautomatic version of an automatic firearm, unloaded weight of 50 ounces or more, stabilizing brace); (5) a semiautomatic pistol with a fixed magazine holding more than 15 rounds; (6) a semiautomatic shotgun accepting a detachable magazine or fixed magazine holding more than 5 rounds, with any one of specified features (e.g., folding/telescoping/detachable stock, pistol or bird’s-head grip, forward grip, grenade launcher); (7) any shotgun with a revolving cylinder; and (8) specified rifles, copies, duplicates, variants, or altered facsimiles with such capability, including all AK types (e.g., AK47, AK74), all AR types (e.g., AR-10, AR-15), Barrett .50 caliber rifles (e.g., M107A1, M82A1), and approximately 60 other models or types (e.g., Beretta CX4 Storm, UZI carbines).

This section establishes prohibitions under new 18 U.S.C. §922(v) on importing, selling, manufacturing, transferring, or possessing semiautomatic assault weapons in or affecting interstate or foreign commerce, subject to exceptions including (1) possession, sale, or transfer of any otherwise lawfully possessed under federal law on the date of enactment; (2) manually operated firearms (e.g., bolt, pump, lever, or slide action, except certain shotguns), permanently inoperable firearms, antiques, or rimfire-only firearms; and (3) activities involving the United States or state governments, qualified law enforcement officers (including campus law enforcement officers and retirees under specified conditions), nuclear facility licensees and personnel, licensed manufacturers or importers for authorized testing, and firearms specified in Appendix A as manufactured on the date of introduction of the Assault Weapons Ban of 2025. (Thus, owners may retain grandfathered weapons but generally cannot sell or transfer them.) This section further directs the Attorney General to maintain and annually report to Congress a public record of semiautomatic assault weapons used in federal or state crimes. This section also establishes parallel prohibitions under new §922(w) on importing, selling, manufacturing, transferring, or possessing large-capacity ammunition feeding devices in or affecting interstate or foreign commerce, with grandfathering for those lawfully possessed on or before the date of enactment and analogous exceptions for government entities, law enforcement personnel (including campus officers and retirees), and nuclear facility uses.

This section repeals the background check requirements of 18 U.S.C. 922(s); redesignates 922(t) as 922(s); in redesignated 922(s), strikes a cross-reference to former 922(s)(8) and adds a definition of "chief law enforcement officer" (i.e., chief of police, sheriff, equivalent officer, or designee); and inserts new 922(t) requiring that, beginning 90 days after enactment, unlicensed persons transfer grandfathered semiautomatic assault weapons to other unlicensed persons only through a licensed importer, manufacturer, or dealer who takes custody of the weapon and conducts a background check under 922(s) (treating the transfer as from the licensee's inventory). New 922(t) excludes from this requirement (1) temporary transfers for target shooting at a licensed facility or range (if the weapon remains on premises and the transferee is not known to be prohibited from possession) and (2) temporary custody for examination or evaluation by a prospective transferee; defines "transfer" to include sales, gifts, or loans; and authorizes the Attorney General to issue implementing regulations (including a maximum licensee service fee but prohibiting recordkeeping on unlicensed transferors or mandatory facilitation of transfers). This section also makes technical amendments to conform cross-references in 18 U.S.C. 922(y)(2), 925A, and 925B. The amendments take effect 90 days after enactment.

This section authorizes the use of Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) funds for compensation under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices, as defined in 18 U.S.C. 921. (The Byrne JAG program provides formula grants to states and localities for criminal justice purposes, including law enforcement and crime prevention.)

This section establishes a severability clause, providing that if any provision of this Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act, its amendments, and their applications remain unaffected.