S. 386 (1989) - Bans all guns that the Att. General calls an assault weapon (Kerry related)

February 8 (legislative day, JANUARY 3), 1989 Mr. METZENBAUM (for himself, Mr. CHAFEE, Mr. PELL, and Mr. CRANSTON) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be cited as the `Assault Weapon Control Act of 1989'.

SEC. 2. Section 922 of title 18, United States Code, is amended by adding at the end thereof the following:

`(p)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer, import, transport, ship, receive or possess any assault weapon.

`(A) transfer, importation, transporting, shipping or receiving to or by, or possession by or under, authority of the United States or any department or agency thereof, or of any State or any department, agency, or political subdivision thereof; or

`(B) any lawful transfer or possession of such a weapon that was lawfully possessed before the effective date of this subsection.

`(q)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer, import, transport, ship, receive or possess a large-capacity detachable magazine or large-capacity ammunition belt, which can be employed by a semiautomatic firearm.

`(A) any transfer, importation, transporting, shipping or receiving to or by, or possession by or under, authority of the United States or any department or agency thereof, or of any State or any department, agency, or political subdivision thereof; or

`(i) any possession of such magazine or ammunition belt that was lawfully possessed before the date of this subsection; or

`(ii) any transfer, transporting, shipping, or receiving to or by any person for the purpose of sale or donation of such magazines or ammunition belts to the United States or any department or agency thereof, or any State or any department, agency or political subdivision thereof.'.

SEC. 3. Section 921(a) of title 18, United States Code, is amended by adding at the end thereof the following:

`(25) The term `assault weapon' means all firearms designated as assault weapons in this paragraph and all other semiautomatic firearms which are determined by the Secretary of the Treasury, in consultation with the Attorney General, to be assault weapons, as provided in this Act. Such term shall include, in addition to any other firearm identified by the Secretary, all versions of the following, including firearms sold under the designation provided in this subsection and firearms which are substantially identical sold under any designation:

`(J) shotguns with revolving cylinders known as the Street Sweeper and Striker 12;

`(K) any other semiautomatic firearm with a fixed magazine capacity exceeding ten rounds; and

`(L) any other shotgun with a fixed magazine, cylinder or drum capacity exceeding six rounds. (My friend has one)

`(26) The term `large-capacity magazine' means a box, drum or other container which holds more than ten rounds of ammunition to be fed continuously into a semiautomatic firearm, or a magazine which can be readily converted into a large-capacity magazine.

`(27) The term `large-capacity ammunition belt' means a belt or strip which holds more than ten rounds of ammunition to be fed continuously into a semiautomatic firearm, or an ammunition belt which can be readily converted into a large-capacity ammunition belt.

`(28) The term `semiautomatic' means a firearm capable of firing a series of rounds by a successive depression of the trigger without additional slide, bolt or other manual action.'.

SEC. 4. Title 18, United States Code, is amended by adding the following new section to chapter 44:

`(a) The Secretary, in consultation with the Attorney General shall, within thirty days after the date of enactment of this Act, determine which firearms sold, or potentially sold in the United States, in addition to those specifically designated in this Act, shall be designated as assault weapons under the provisions of section 3 of this Act. The Secretary shall publish the list of firearms so designated and take steps to make the list and explanatory information widely available to the public.

`(b) The Secretary, after consultation with the Attorney General, may periodically modify the list of firearms designated as assault weapons consistent with this Act.

`(c) The Secretary may issue an emergency order, for not longer than ninety days, barring importation and sale of any firearms, which the Secretary has reason to believe may be designated an assault weapon.

`(d) Notwithstanding any provision of this Act, no firearm shall be designated as an assault weapon which--

`(10) is a rimfire weapon that employs a tubular magazine with a magazine capacity of six rounds or less;

`(11) cannot employ a detachable magazine or ammunition belt with a capacity greater than ten rounds; or

`(12) was modified so as to render it permanently inoperable or so as to make it permanently a device which may not appropriately be designated as an assault weapon.

`(e) The Secretary, in consultation with the Attorney General, shall, when appropriate, recommend to Congress any appropriate modification of this Act, including the addition or deletion of firearms to be designated as assault weapons: Provided, That the Secretary shall submit an initial report containing any recommendations regarding the type of firearms designated as assault weapons no later than three months after the date of enactment of this Act.'.

SEC. 5. Title 18, United States Code, is amended by adding the following new section to chapter 44:

`(a) Whoever, during and in relation to the commission of a crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime, which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which he may be prosecuted in a court of the United States, uses or carries an assault weapon, shall, in addition to the punishment provided for the commission of such other crimes committed by the defendant, be sentenced to a term of imprisonment for not less than five years.

`(b) For purposes of this subsection, the term `drug trafficking crime' means any felony violation of Federal law involving the distribution, manufacture, or importation of any controlled substance (as defined in section 102 of the Controlled Substances Act).'.

SEC. 6. (a) Section 5812 of title 26, United States Code, is amended by inserting the phrase `or assault weapon' after `firearm' wherever it appears.

(b) Section 5822 of title 26, United States Code, is amended by inserting the phrase `or assault weapon' after `firearm' wherever it appears.

(c) Subsections (a), (b), and (c) of section 5841 of title 26, United States Code, is amended by adding the phrase `or assault weapons' after `firearms' wherever it appears and adding the phrase `or assault weapon' after `firearm' wherever it appears.

(d) Section 5841 of title 26, United States Code, is amended by adding the following new subsection:

`(f) Any person in the possession of an assault weapon on the date of enactment of this Act shall register such firearm with the Secretary under such regulations as he may prescribe. Such registration shall be required for any type of assault weapon not later than thirty days from the date the Secretary provides public notice that the type of firearm is designated as an assault weapon or promulgates regulations for registration, whichever is later: Provided, That any firearm specifically designated as an assault weapon in paragraphs 921(a)(25)(A)-(I), as added by this Act, shall be registered within thirty days of the promulgation of regulations for registration by the Secretary.'.

(e) Section 5861 of title 26, United States Code, is amended by adding the following new subsection:

`(m) to fail to register an assault weapon in violation of the provisions of this chapter.'.

(f) Section 5845 of title 26, United States Code, is amended by adding the following new subsection:

`(i) ASSAULT WEAPONS- The term `assault weapon' shall have the meaning provided in section 921 of title 18.'.

SEC. 7. EFFECTIVE DATE- Unless otherwise provided, this Act shall become effective thirty days after the date of enactment of this Act.

Sen Kerry, John F. [MA] - 4/19/1989 Sen Lautenberg, Frank R. [NJ] - 4/6/1989

Sen Moynihan, Daniel Patrick [NY] - 4/6/1989 Sen Pell, Claiborne [RI] - 2/8/1989

Kerry's comments on S386

Mr. KERRY. Mr. President, our Nation is supposedly in the midst of a war on drugs, but from the looks of things it appears that the war is somewhat one-sided. In our Nation's streets, drug pushers and gang members used deadly battleground weapons to murder anyone who gets in their way--and that includes police and narcotics agents. Simply stated our law enforcement officers are being outmaneuvered and outgunned.

The days when criminals used the `Saturday Night Special' or the Colt revolver are long gone. Today, semiautomatic weaponry is the criminals' choice: the AK-47, the Uzi, and the Street Sweeper have shifted the balance of power away from law enforcement agents in favor of the criminal. As our Nation grapples with the problems of drug abuse, we must ask ourselves, `How can we expect to win the war if we continue to permit the arming of the enemy?'

In the United States, it is very simple to obtain an assault weapon . One need only enter one of the many sporting goods stores in this country selling semiautomatic weapons, fill out a Federal firearms form and pay the going price--anywhere from $250 to $400--to obtain an AK-47, an Uzi, a Street Sweeper or any of the many other versions of these deadly weapons. No background check or official clearance is required. That is exactly what Patrick Edward Purdy did last year in Oregon when he bought his AK-47, which he later used in January to kill 5 children and wound 29 others in the brutal Stockton, CA, schoolyard massacre.

Recognizing the dangers associated with the proliferation of deadly assault weapons and their lack of utility within our society, the Bush administration has imposed a temporary ban on the importation of semiautomatic weapons. At least for the time being, this makes it more difficult to obtain foreign manufactured semiautomatic assault weapons. Even the NRA has withheld major criticism of this action. Semiautomatic assault weapons are known to have no hunting or sporting utility. In fact, according to a recent CBS News poll, 73 percent of Americans say they want to see the ownership, sale, and manufacture of assault weapons banned nationwide. In a recent Boston Globe poll, 78 percent of those responding believed that the action taken by the Bush administration to ban imports of semiautomatic weapons was about right or did not go far enough. In short, the American people want to see these weapons of destruction banned.

Today, it is estimated that about 500,000 military-type semiautomatics are in existence in the United States. Since the first of January, the Bureau of Alcohol, Tobacco, and Firearms has received requests to import from abroad nearly 14,000 such weapons. In 1988, 44,000 weapons were imported, up from only 4,000 in 1986. Such a steep increase in the importation of semiautomatics has had catastrophic effects on American society.

The presence of semiautomatic assault weapons in the United States has turned our city neighborhoods into war zones. In the District of Columbia this year alone, over 115 people have been murdered. Just the other day a police officer was murdered during a raid on a crack house in Alexandria, VA, just outside of Washington. Many of these murders within the District and about the country are drug related and many are committed by criminals carrying semiautomatic weapons. Officials in Los Angeles County have imposed a ban on semiautomatics by making it a misdemeanor to sell or own such a weapon there. Law enforcement officials across America realize that now is the time to restrict access to semiautomatic assault weapons. Even the manufacturers are having second thoughts about the utility of semiautomatic asault weapons in American society. Because of recent concerns over the misuse of semiautomatic weaponry, Colt Industries, has decided to discontinue the sale and manufacture of the AR-15's it produces.

To provide treatment for the increasing numbers of people victimized by military assault weapons, city hospitals have had to adopt wartime medical techniques used in Vietnam. Whoever said that `Guns don't kill people', wasn't familiar with the AK-47, the Uzi, or the Street Sweeper. Because the wounds inflicted by these weapons are so much more severe than those inflicted by other types of guns,(BS) assault weapon victims require special medical techniques developed in the field hospitals of Southeast Asia. The cost of treating such patients, many of whom are indigent and many of whom die, place great strains on our national health care resources. The annual cost of treating gunshot wounds nationwide is estimated at $1 billion, with 85 percent of it derived from taxpayers funds.

I support the Assault Weapons Control Act of 1989 introduced by Mr. Metzenbaum. This bill makes it unlawful for any person to possess or engage in any transaction involving semiautomatic assault weapons or the appropriate ammunition for such weapons. Any person legally owning such a weapon would be required to register it with the proper authorities. The Secretary of the Treasury, in consultation with the Attorney General, would designate which guns, in addition to those specified by the Act, are to be embraced by the act. Strict sentencing would be imposed for any person who uses or carries an assault weapon while committing a crime of violence or a drug trafficking crime. Finally, the Act specifically defines what is to be considered an assault weapon , limiting the scope of the Act to the most heinous of weapons legally in circulation at this time.

The Assault Weapon Control Act of 1989 is necessary to halt the spreading use of dangerous assault weapons in America. While the recent action taken by the Bush administration to temporarily halt imports of semiautomatic weapons is a necessary first step, further action must be taken to better monitor those who can be eligible to buy assault weapons, further restrictions must be placed on the manufacturing of semiautomatics, and stricter sentencing must be imposed upon those who commit crimes with semiautomatic assault weapons. President Bush has even stated that `We are in different times now, and I am convinced that reasonable men and women can work together to find a answer to the problem of these automatic weapons.'

Drugs and crime go hand in hand. A comprehensive strategy is needed to resolve both the drug problem and the crime problem in this country. We need to increase our interdiction of drugs. We need to treat addicts and to educate America's youth of the hazards of drug abuse. And we need to increase our law enforcement capabilities. Our Nation can only tackle the problem of drug abuse more effectively by restoring the balance of force in favor of law enforcement.

If we are to win the war on drugs it is important that we take measures to ensure that we do not allow the criminal to be better armed than our law enforcement agents. If we are to take seriously our commitment to ending the violence plaguing our city streets, we must eliminate the weapons relied upon by felons. I urge my colleagues to take the important step to curb drug related violence by joining in support of the Assault Weapon Control Act of 1989.

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