The Quiet Expansion of “Assault Weapons” Bans

State-level bans on so-called “assault weapons” are rapidly gaining ground across the United States this legislative session. In many debates surrounding these laws, supporters attempt to reassure gun owners by pointing to grandfather clauses that allow people who already own certain firearms to keep them.

But those protections are often temporary political cover.

Gun control policy rarely stops where it begins. Once a restriction is enacted, the next one usually follows. What is sold as a compromise today can become tomorrow’s prohibition.

Rhode Island may now be providing a clear example of how that process works.

Rhode Island’s Moving Goalposts

Less than a year after Rhode Island’s assault weapons ban took effect, lawmakers are already considering changes that could effectively erase the protections originally promised to current gun owners.

When the law first passed, residents who lawfully owned certain semi-automatic firearms before July 1, 2026 were allowed to keep them under a grandfather provision. The catch was that these firearms could not be sold or transferred within the state.

Now a proposed amendment, H8073, could reverse that arrangement entirely.

Under the new language, gun owners who were previously allowed to keep their firearms would instead be required to sell or transfer them by the end of the year. They could sell them to a federally licensed dealer or to a legal resident of another state. After that deadline, continued possession would no longer be allowed.

In practical terms, individuals who were originally told their firearms were protected could suddenly find themselves facing criminal liability for owning the same property.

A Growing National Trend

Rhode Island is not alone. Eleven states currently enforce bans on certain semi-automatic rifles commonly labeled “assault weapons,” and several others are considering similar legislation.

Virginia lawmakers are pushing proposals that include grandfather clauses similar to Rhode Island’s original law. But even those proposals have fluctuated during debate, particularly over whether to prohibit the possession of “large capacity” magazines outright.

In New Mexico, a similar proposal appears to have stalled for the current legislative session. Meanwhile, Minnesota Governor Tim Walz has renewed calls for his state to adopt its own ban targeting popular semi-automatic rifles.

These efforts reflect a broader shift in the gun control movement. Just a few years ago, the central focus was “universal background checks.” Today, outright bans on specific firearm types have become a central legislative objective in states controlled by anti-gun Democrats.

The Crime Question

Even many supporters of these laws acknowledge that banning semi-automatic rifles is unlikely to dramatically reduce violent crime.

Rifles of all types account for a relatively small percentage of firearm-related homicides in the United States. Federal crime statistics consistently show that handguns are used far more frequently in violent offenses.

The reason is simple. Handguns are easier to conceal and carry.

Yet the U.S. Supreme Court has already made clear that handgun bans violate the Second Amendment because handguns are widely used for lawful self-defense.

The same argument, gun rights advocates say, applies to semi-automatic rifles like the AR-15, which have become one of the most commonly owned firearms in America.

The Courts May Decide

For now, the constitutional debate remains unresolved.

Several federal circuit courts have upheld state bans on semi-automatic rifles and high-capacity magazines. Those rulings have allowed the laws to remain in place while legal challenges continue.

However, the U.S. Supreme Court has not yet issued a definitive ruling on whether bans on AR-15-style rifles are constitutional.

Two cases could soon bring the issue closer to resolution.

One is ANJRPC v. Platkin, currently before the U.S. Court of Appeals for the Third Circuit, which challenges New Jersey’s ban on “assault weapons” and large-capacity magazines. Notably, the U.S. Department of Justice filed an amicus brief supporting the challenge.

Another is Viramontes v. Cook County, a case asking whether the Second and Fourteenth Amendments protect the right to possess AR-15-style rifles.

The Supreme Court declined to review similar cases last year involving Maryland and Rhode Island bans. But Justice Brett Kavanaugh suggested the Court may take up the issue within the next “term or two.”

Justice Clarence Thomas went further in dissent, writing:

“I cannot see how AR-15s fall outside the Second Amendment’s protection … I would not wait to decide whether the government can ban the most popular rifle in America.”

For gun owners and lawmakers alike, the final answer may ultimately come not from state legislatures but from the Supreme Court itself.

Until then, the legal and political battle over America’s most widely owned rifles is likely to continue.

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Further reading

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