When the "assault weapons ban" was passed in 1994, all existing "assault weapons" were exempt.
There's a clause in the Constitution, Article I, Section 9, (Clause 3) which states, "No bill of attainder or ex post facto Law shall be passed." And this clause applies more specifically to criminal law.
Just a WAG, but whatever "assault weapons" are out there today, would have to remain legal. The Firearms Act of 1934, which created "Class III" weapons, could probably be amended, requiring registration, etc. And good luck with that. The Feds would never be able to confiscate the weapons, because no one knows where they all are, not even a fraction of them.
The down-side to any of this type legislation, is getting it through the House of Representatives. They're not in the mood, regardless the outcry from the left, to entertain any legislation. They also have two full years for things to cool down.
There's also the cost to implement. In 1934, there were relatively few fully automatic weapons. Today, there are millions of "assault weapons" out there, both in "A4", or similar configuration, and less "menacing-looking". There are also a lot out there being used in high power rifle competition, etc.
Things to think about. Things that right now are not being looked at in all the hysteria on both sides.
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