Gun debate 101: How would this assault-weapons ban be different?

“Congress must reinstate and strengthen the prohibition on assault weapons,” says the fact sheet.

Senator Feinstein has yet to release specific legislative language, but according to a summary of her proposed 2013 gun law posted on her website, she will move from a two-characteristic test to a one-characteristic test concerning what’s an assault weapon (see above). In addition, she would ban features known as “thumbhole stocks” and “bullet buttons.”

Thumbhole stocks are typical rifle stocks in which the manufacturer has drilled a hole so the user can hold it like a pistol for a better grip. Some hunters, particularly those who have served in the military, find this more comfortable and stable. But it could also facilitate one-handed use and spray-shooting from the hip – both of which can be used to target people, according to the Brady Campaign Against Gun Violence.

“Bullet buttons” are buttons that facilitate the quick removal of ammunition magazines with a pointed tool, such as a bullet. They are a way of getting around bans of quick-change magazines that can be removed with only the press of a finger.

Would the government confiscate existing assault weapons?

No. The ban would primarily affect the manufacture, sale, and transfer of new assault weapons. Both the White House and Feinstein say assault weapons already in private hands would remain legal. A similar provision in the 1994 legislation left untouched an estimated 1.5 million assault weapons in private ownership.

However, Feinstein’s summary of her proposed 2013 law says that it will call for these grandfathered weapons to be registered under the National Firearms Act, including a background check on current owners and any transferees. Feinstein has also said she may call for existing assault weapons to be secured via trigger locks.

Why did the old ban expire?

The short answer is that Congress and then-President George W. Bush let it expire. The longer answer is that there was little appetite among lawmakers to push for the extension of a law unpopular among gun owners given that assault weapons are used in a small percentage of gun crime. A 1997 survey of federal and state prisoners who had committed armed crimes found that less than 2 percent used an assault weapon.

In addition, at the time there were little data showing whether the number of people shot and killed with assault weapons declined during the period in which they were banned. Mr. Obama and gun control supporters say the national dynamics on this issue have now changed in the wake of the Aurora and Newtown tragedies.

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