Are AR-15s Illegal in the U.S.? Understanding State and Federal Restrictions

The AR-15, one of the most popular rifles in the United States, has long been a topic of debate, largely due to its use in high-profile incidents and its prominent role in the gun control conversation. If you’ve ever wondered, "Are AR-15s illegal?" the answer isn't as straightforward as it seems. In this blog post, we will explore the legal status of AR-15s across different states, the federal laws governing them, and the various factors that contribute to their legality or potential restrictions.

What is an AR-15?

Before diving into the legality, it’s important to understand what an AR-15 actually is. Contrary to popular belief, the “AR” in AR-15 doesn’t stand for “assault rifle” or “automatic rifle.” It stands for ArmaLite Rifle, named after the company that originally designed it in the 1950s. The AR-15 is a semi-automatic rifle, meaning it fires one round with each trigger pull. It is highly customizable, which is one reason it has become so popular among gun owners.

Although the AR-15 shares design similarities with military rifles like the M16 and M4, it is not an automatic weapon, meaning it cannot fire continuously with a single trigger pull. This is a key distinction in understanding its legal classification and why it is treated differently from military-grade firearms.

Federal Laws Governing AR-15s

The legality of AR-15s at the federal level is clear: AR-15s are legal in the United States for civilian ownership, but with specific regulations. Federal law permits the ownership of semi-automatic rifles like the AR-15, provided they meet certain criteria set by the government. However, there are restrictions on specific features, modifications, and accessories.

Under the National Firearms Act (NFA) of 1934 and the Gun Control Act (GCA) of 1968, fully automatic firearms, short-barreled rifles (SBRs), and certain modifications such as bump stocks are heavily regulated. While the AR-15 is not a fully automatic weapon, modifications that could make it so are illegal without specific federal licenses.

In 1994, Congress passed the Federal Assault Weapons Ban, which placed restrictions on specific features found in firearms like the AR-15, including detachable magazines, pistol grips, and telescoping stocks. However, this law expired in 2004, and efforts to renew it have so far been unsuccessful. As a result, there are currently no federal bans specifically targeting AR-15s or other semi-automatic rifles.

State Laws: Where AR-15s Are Legal or Restricted

Although AR-15s are legal at the federal level, state and local laws vary widely. Some states impose restrictions or outright bans on AR-15s or specific configurations of the rifle. These laws can be complex, so it's essential to understand the regulations in your state.

States with Restrictions on AR-15s

1. California – California has some of the strictest gun laws in the country, and AR-15s are subject to strict regulations. The state has banned the sale of AR-15s with certain features like pistol grips and detachable magazines, but legal workarounds, such as fixed magazines and modifications that comply with California’s laws, do exist. Many gun enthusiasts in California use so-called "California-compliant" AR-15s to adhere to state restrictions.

2. New York – Under the SAFE Act, New York has implemented significant restrictions on AR-15s. Features like pistol grips, flash suppressors, and folding or telescoping stocks are banned. As with California, there are New York-compliant models that gun owners can purchase, which adhere to the state’s laws.

3. New Jersey – New Jersey’s gun laws are similar to those in California and New York. AR-15s are legal, but the state prohibits certain features such as high-capacity magazines (anything over 10 rounds), pistol grips, and collapsible stocks.

4. Massachusetts – In Massachusetts, the AR-15 is considered an “assault weapon” and is banned unless it was owned prior to the state’s assault weapon ban in 1998. While some AR-15-style rifles are sold in Massachusetts, they must adhere to strict state regulations.

5. Connecticut – After the Sandy Hook tragedy, Connecticut enacted stringent laws that banned AR-15s with specific features. As with other restrictive states, compliant models without the banned features are available.

States Where AR-15s Are Legal Without Restrictions

In many states, AR-15s are legal without significant restrictions. Some of these states include:

• Texas
• Florida
• Georgia
• Ohio
• Arizona

In these states, there are no additional state-imposed restrictions beyond federal regulations, meaning you can own and operate an AR-15 without modifications or compliance requirements.

AR-15 Modifications and Legal Concerns

While AR-15s themselves are legal in many places, certain modifications and accessories can complicate their legal status. For example:

• High-Capacity Magazines: Many states, such as New Jersey and Colorado, limit the number of rounds a magazine can hold. If your AR-15 has a magazine that holds more than the state-allowed capacity (often 10 or 15 rounds), it may be illegal.

• Bump Stocks and Binary Triggers: These accessories, which can increase the rate of fire of a semi-automatic rifle, have been restricted or banned in many areas. In 2018, the Trump administration implemented a federal ban on bump stocks, and binary triggers are also subject to heavy scrutiny in certain states.

• Suppressors: While legal under federal law with proper licensing, suppressors are illegal or highly restricted in some states. Even where legal, owning a suppressor requires going through the NFA application process, which involves background checks and registration with the federal government.

The Future of AR-15 Legislation

The AR-15 continues to be at the center of political debate in the United States, and its legal status could change depending on future legislation. Proponents of stricter gun control often push for the reinstatement of an assault weapons ban similar to the 1994 law, which would directly affect the availability of AR-15s. On the other hand, many gun rights advocates argue that the AR-15 is no different from other semi-automatic firearms and should remain legal without additional restrictions.

Several states have considered legislation to further regulate or ban AR-15s, while others have passed laws reinforcing gun ownership rights, including protections for AR-15 ownership.

States That Ban the Sale, Not Ownership: The Case of Washington State

While some states impose outright bans on AR-15s or their features, others take a different approach by restricting the sale or purchase of the firearm without necessarily making ownership illegal. Washington State is a prime example of this nuanced legal landscape.

Washington State's Ban on Sales, Not Ownership

In 2023, Washington State enacted House Bill 1240, which prohibits the sale, distribution, and importation of AR-15s and other semi-automatic rifles that fall under the category of "assault weapons." However, this law does not make it illegal for individuals to own an AR-15 if it was purchased before the law took effect. So, if you already possess an AR-15 in Washington, you can legally keep it, but you can no longer buy or sell AR-15s in the state.

This makes Washington an example of a state where you can legally own an AR-15 but can no longer purchase a new one or sell it to another resident. Essentially, if you already own one, you're grandfathered in, but the sale and importation of new AR-15s are prohibited.

The Lower Receiver: The Key Component in Washington

In many states, including Washington, it’s important to understand which part of the AR-15 is considered the firearm under the law. This typically refers to the lower receiver, the part of the AR-15 that houses the trigger, magazine well, and the firing mechanism. Legally, the lower receiver is the serialized component, meaning it’s the part of the firearm that requires a background check when purchased and is subject to strict regulation.

In Washington, while owning a pre-existing AR-15 is legal, buying, selling, or importing a lower receiver for an AR-15 is now prohibited under the 2023 law. This restriction is significant because the lower receiver is considered the critical part of the weapon, and without it, an AR-15 cannot function as a complete firearm.

If you live in Washington and already own a lower receiver or a fully assembled AR-15, you can keep it. However, purchasing a new lower receiver, even for a previously owned AR-15, is illegal within the state. This means that Washington gun owners cannot repair or upgrade their AR-15s by purchasing new lower receivers from local or out-of-state dealers.

The Difference in Other States

Other states, by contrast, may not place such stringent restrictions on the sale or purchase of lower receivers. For example, in Texas, Florida, and many other gun-friendly states, lower receivers for AR-15s can still be legally bought and sold without significant restrictions, as long as the federal guidelines for background checks and firearm transfers are followed.

It’s also worth noting that some gun owners attempt to circumvent restrictions in states like Washington by purchasing AR-15 parts out of state. However, this practice can lead to legal complications, as importing restricted parts back into Washington would be illegal under current state law.

Conclusion

When it comes to AR-15s, the legal landscape is complex and varies dramatically from state to state. In places like Washington, while ownership of AR-15s is still permitted, the sale, purchase, and importation of both fully assembled rifles and key parts, such as the lower receiver, are now prohibited. This contrasts with other states where such restrictions don’t exist, highlighting the importance of understanding both state and federal laws if you're a current or prospective AR-15 owner.

In states like Washington, the lower receiver plays a critical role in determining the legality of the firearm. While the rest of the AR-15's components, like the barrel or stock, can often be purchased freely, the lower receiver is the part that’s considered the actual firearm under federal law. As such, it’s subject to more stringent regulation, and in some states, the sale of this key component has been effectively banned.

In conclusion, if you're a gun owner in the U.S., it's vital to remain up-to-date on the evolving legal status of AR-15s, especially as state laws continue to shift. If you live in a state with restrictions, ensure you're aware of which components are legal to buy, sell, and own to avoid any unintended violations.