I am looking for a legal, or technical, answer. Not a political debate. There have been a lot of debates about whether any particular gun is an “assault weapon” or not. Is there a clear answer? Has Congress, or the NRA, or any manufacturer or dealer, come out and said, “This is what an assault weapon looks like, it has features X, Y, and Z”?
Bottom line: no. It is purely a political term. Even the Federal Assault Weapons Ban of 1994 (now defunct) was pretty vague in its definition:
“In general, assault weapons are semiautomatic firearms with a large magazine of ammunition that were designed and configured for rapid fire and combat use.”
Let me add, some jurisdictions have some kind of definition of what an assault weapon is. But there’s no definitive description of one either legally or technically.
The FAWB of 1994 met with vigorous opposition in congress. The bill was whittled down in compromises to what remains on record. Neither side was happy with the result, but the proponents had to pass something to show for all the promises made.
An “assault rifle” by the military definition is a weapon capable of selective fire, meaning that it can be fired in either semi-automatic mode or fully automatic mode. Semi-automatic means it automatically cycles the next round but doesn’t fire it. Compare this to something like a bolt action rifle where you have to manually operate the bolt to cycle the next round. Full automatic mode means that it not only cycles the next round but also fires it as long as you have the trigger pulled.
Basically:
One trigger pull, one round fired - semi-automatic
One trigger pull, multiple rounds fired - full automatic
Assault rifles also fire what is called an “intermediate round” which is something bigger and heavier than a handgun round but smaller and lighter than a full battle rifle round.
Assault rifles have been regulated for quite some time and none of the legislation about “assault weapons” in the last couple of decades pertains to true assault rifles. None of the weapons being discussed are capable of full auto mode.
The definition of “assault weapon” as used by politicians and the media has no technical basis to it whatsoever. If a gun looks like a hunting rifle and is typically used for hunting, then it’s a hunting rifle and should be allowed according to most media articles and proposed legislation. Take the EXACT SAME WEAPON and give it a military style stock (which has absolutely no effect at all on the weapon’s firepower or pretty much anything else) and it becomes an “assault weapon” and should be banned.
The features that make it an “assault weapon” have absolutely nothing to do with the weapon’s capabilities or anything else technical. It’s basically if it has a military-ish styling to it. That’s it.
Since hunters typically don’t load high capacity magazines, a lot of the current legislation seems to focus on that. Your typical weapon really doesn’t care how big the magazine is, though. The exact same weapon will fire a 5 round magazine or a 30 round magazine or even a 50 round magazine if you can make the magazine feed reasonably reliably without jamming.
unfortunately, it’s a political term so there’s no legal or technical answer (aside from the fact that past laws have legally defined what an “Assault weapon” was.)
The legal definition of an “assault weapon” from the '90s ban was roughly this (from Wikipedia):
"Semi-automatic rifles able to accept detachable magazines and two or more of the following:
Folding or telescoping stock
Pistol grip
Bayonet mount
Flash suppressor, or threaded barrel designed to accommodate one
Grenade launcher mount
Semi-automatic pistols with detachable magazines and two or more of the following:
Magazine that attaches outside the pistol grip
Threaded barrel to attach barrel extender, flash suppressor, handgrip, or suppressor
Barrel shroud safety feature that prevents burns to the operator
Unloaded weight of 50 oz (1.4 kg) or more
A semi-automatic version of a fully automatic firearm.
Semi-automatic shotguns with two or more of the following:
Folding or telescoping stock
Pistol grip
Detachable magazine."