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Assault Weapons Ban and Law Enforcement Protection Act of 2007 (That didn't take long)
House.gov ^ | 12/13/2007 | Mrs. MCCARTHY of New York

Posted on 02/20/2007 5:58:18 AM PST by xmission

A BILL To reauthorize the assault weapons ban, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Assault Weapons Ban and Law Enforcement Protection Act of 2007'.

SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Reinstatement of Provisions Wholly Repealed- Paragraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18, United States Code, as in effect just before the repeal made by section 110105(2) of the Violent Crime Control and Law Enforcement Act of 1994, are hereby enacted into law.

(b) Reinstatement of Provisions Partially Repealed- Section 924 of title 18, United States Code, is amended--

(1) in subsection (a)(1), by striking subparagraph (B) and inserting the following:

`(B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922;'; and

(2) in subsection (c)(1)(B), by striking clause (i) and inserting the following:

`(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or'.

SEC. 3. DEFINITIONS.

(a) In General- Section 921(a)(30) of title 18, United States Code, as added by section 2(a) of this Act, is amended to read as follows:

`(30) The term `semiautomatic assault weapon' means any of the following:

`(A) The following rifles or copies or duplicates thereof:

`(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR;

`(ii) AR-10;

`(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;

`(iv) AR70;

`(v) Calico Liberty;

`(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;

`(vii) Fabrique National FN/FAL, FN/LAR, or FNC;

`(viii) Hi-Point Carbine;

`(ix) HK-91, HK-93, HK-94, or HK-PSG-1;

`(x) Kel-Tec Sub Rifle;

`(xi) M1 Carbine;

`(xii) Saiga;

`(xiii) SAR-8, SAR-4800;

`(xiv) SKS with detachable magazine;

`(xv) SLG 95;

`(xvi) SLR 95 or 96;

`(xvii) Steyr AUG;

`(xviii) Sturm, Ruger Mini-14;

`(xix) Tavor;

`(xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando; or

`(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz).

`(B) The following pistols or copies or duplicates thereof:

`(i) Calico M-110;

`(ii) MAC-10, MAC-11, or MPA3;

`(iii) Olympic Arms OA;

`(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or

`(v) Uzi.

`(C) The following shotguns or copies or duplicates thereof:

`(i) Armscor 30 BG;

`(ii) SPAS 12 or LAW 12;

`(iii) Striker 12; or

`(iv) Streetsweeper.

`(D) A semiautomatic rifle that has an ability to accept a detachable magazine, and that has--

`(i) a folding or telescoping stock;

`(ii) a threaded barrel;

`(iii) a pistol grip;

`(iv) a forward grip; or

`(v) a barrel shroud.

`(E)(i) Except as provided in clause (ii), a semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

`(ii) Clause (i) shall not apply to an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

`(F) A semiautomatic pistol that has the ability to accept a detachable magazine, and has--

`(i) a second pistol grip;

`(ii) a threaded barrel;

`(iii) a barrel shroud; or

`(iv) the capacity to accept a detachable magazine at a location outside of the pistol grip.

`(G) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

`(H) A semiautomatic shotgun that has--

`(i) a folding or telescoping stock;

`(ii) a pistol grip;

`(iii) the ability to accept a detachable magazine; or

`(iv) a fixed magazine capacity of more than 5 rounds.

`(I) A shotgun with a revolving cylinder.

`(J) A frame or receiver that is identical to, or based substantially on the frame or receiver of, a firearm described in any of subparagraphs (A) through (I) or (L).

`(K) A conversion kit.

`(L) A semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.'.

(b) Related Definitions- Section 921(a) of such title is amended by adding at the end the following:

`(36) Barrel Shroud- The term `barrel shroud' means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel, but does not include a slide that encloses the barrel, and does not include an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel.

`(37) Conversion Kit- The term `conversion kit' means any part or combination of parts designed and intended for use in converting a firearm into a semiautomatic assault weapon, and any combination of parts from which a semiautomatic assault weapon can be assembled if the parts are in the possession or under the control of a person.

`(38) Detachable Magazine- The term `detachable magazine' means an ammunition feeding device that can readily be inserted into a firearm.

`(39) Fixed Magazine- The term `fixed magazine' means an ammunition feeding device contained in, or permanently attached to, a firearm.

`(40) Folding or Telescoping Stock- The term `folding or telescoping stock' means a stock that folds, telescopes, or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm.

`(41) Forward Grip- The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip.

`(42) Pistol Grip- The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip.

`(43) Threaded Barrel- The term `threaded barrel' means a feature or characteristic that is designed in such a manner to allow for the attachment of a firearm as defined in section 5845(a) of the National Firearms Act (26 U.S.C. 5845(a)).'.

SEC. 4. GRANDFATHER PROVISION.

Section 922(v)(2) of title 18, United States Code, as added by section 2(a) of this Act, is amended--

(1) by inserting `(A)' after `(2)'; and

(2) by adding after and below the end the following:

`(B) Paragraph (1) shall not apply to any firearm the possession or transfer of which would (but for this subparagraph) be unlawful by reason of this subsection, and which is otherwise lawfully possessed on the date of the enactment of this subparagraph.'.

SEC. 5. REPEAL OF CERTAIN EXEMPTIONS.

Section 922(v)(3) of title 18, United States Code, as added by section 2(a) of this Act, is amended by striking `(3)' and all that follows through the 1st sentence and inserting the following:

`(3) Paragraph (1) shall not apply to any firearm that--

`(A) is manually operated by bolt, pump, level, or slide action;

`(B) has been rendered permanently inoperable; or

`(C) is an antique firearm.'.

SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS.

Section 922(v) of title 18, United States Code, as added by section 2(a) of this Act, is amended by adding at the end the following:

`(5) It shall be unlawful for any person to transfer a semiautomatic assault weapon to which paragraph (1) does not apply, except through--

`(A) a licensed dealer, and for purposes of subsection (t) in the case of such a transfer, the weapon shall be considered to be transferred from the business inventory of the licensed dealer and the dealer shall be considered to be the transferor; or

`(B) a State or local law enforcement agency if the transfer is made in accordance with the procedures provided for in subsection (t) of this section and section 923(g).

`(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit the record to the Congress and make the record available to the general public.'.

SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE.

(a) Ban on Transfer of Semiautomatic Assault Weapon With Large Capacity Ammunition Feeding Device-

(1) IN GENERAL- Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following:

`(z) It shall be unlawful for any person to transfer any assault weapon with a large capacity ammunition feeding device.'.

(2) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:

`(8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 10 years, or both.'.

(b) Certification Requirement-

(1) IN GENERAL- Section 922(w) of such title, as added by section 2(a) of this Act, is amended--

(A) in paragraph (3)--

(i) by adding `or' at the end of subparagraph (B); and

(ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and

(B) by striking paragraph (4) and inserting the following:

`(4) It shall be unlawful for a licensed manufacturer, licensed importer, or licensed dealer who transfers a large capacity ammunition feeding device that was manufactured on or before the date of the enactment of this subsection, to fail to certify to the Attorney General before the end of the 60-day period that begins with the date of the transfer, in accordance with regulations prescribed by the Attorney General, that the device was manufactured on or before the date of the enactment of this subsection.'.

(2) PENALTIES- Section 924(a) of such title, as amended by subsection (a)(2) of this section, is amended by adding at the end the following:

`(9) Whoever knowingly violates section 922(w)(4) shall be fined under this title, imprisoned not more than 5 years, or both.'.

SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.

Section 922(x) of title 18, United States Code, is amended--

(1) in paragraph (1)--

(A) in subparagraph (B), by striking the period and inserting a semicolon; and

(B) by adding at the end the following:

`(C) a semiautomatic assault weapon; or

`(D) a large capacity ammunition feeding device.'; and

(2) in paragraph (2)--

(A) in subparagraph (B), by striking the period and inserting a semicolon; and

(B) by adding at the end the following:

`(C) a semiautomatic assault weapon; or

`(D) a large capacity ammunition feeding device.'.

SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.

(a) In General- Section 922(w) of title 18, United States Code, as added by section 2(a) of this Act, is amended--

(1) in paragraph (1), by striking `(1) Except as provided in paragraph (2)' and inserting `(1)(A) Except as provided in subparagraph (B)';

(2) in paragraph (2), by striking `(2) Paragraph (1)' and inserting `(B) Subparagraph (A)'; and

(3) by inserting before paragraph (3) the following:

`(2) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.'.

(b) Conforming Amendment- Section 921(a)(31)(A) of such title, as added by section 2(a) of this Act, is amended by striking `manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994'.


TOPICS: Government
KEYWORDS: assault; ban; banglist; gun; rkba; stayathomevoters; weapon
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To: harpseal; TexasCowboy; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ...
Enemy action ping.

Click the Gadsden flag for pro-gun resources!

101 posted on 02/20/2007 11:15:08 AM PST by Joe Brower (Sheep have two speeds: "graze" and "stampede".)
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To: from occupied ga
to think that he represents one of the better shots at conservatism makes me seriously disgusted.

I understand. But remember that Freepers tend to be better informed on political matters....but the rest of the sheep...victims of my peers in the public school system know virtually nothing which is all part of the NWO conspiracy. If you're ignorant about your rights and freedoms then you're much less likely to want to shed blood (especially your own) to defend their loss.

Newt is a CFR Globalist all the way and I would tend to think that he'd be one to advance the Bush merger with Canada and Mexico. However, Newt IIRC has been pretty good on the 2nd Amendment. I don't recall where he stood on GATT or NAFTA, though. Those are also globalist issues.

102 posted on 02/20/2007 11:15:36 AM PST by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: RockinRight
Care to share the details?

Perhaps by freepmail later. If I say too much I lose my anonymity

103 posted on 02/20/2007 11:20:22 AM PST by from occupied ga (Your most dangerous enemy is your own government)
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To: Joe Brower
`(viii) Hi-Point Carbine;

Hummmmmmmmmm...... That's a tuff one to disagree with.

104 posted on 02/20/2007 11:22:14 AM PST by OXENinFLA
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To: xmission
"I'd sign it!"


105 posted on 02/20/2007 11:24:25 AM PST by flashbunny (<----- Click here if you hate RINOs! 2008 GOP RINO cards!)
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To: OXENinFLA

apparently that's not a bad gun for the money. Ugly as sin, but it's supposed to work.


106 posted on 02/20/2007 11:26:49 AM PST by flashbunny (<----- Click here if you hate RINOs! 2008 GOP RINO cards!)
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To: Joe Brower
Soon to be on the list:

This beauty is a fully funcitonal machine gun with TWELVE rotating barrels and a live action trigger. Loads 12 bands per barrel for a whopping 144 rubber bands that shoot off as fast as you can turn the handle! Great fun for kids of all ages. MORE than just an amazing machine, this is a true work of art.

107 posted on 02/20/2007 11:31:28 AM PST by Doomonyou (Let them eat lead.)
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To: Joe Brower

The Kel-Tec sub rifle????? Good grief, man, it has an orange plastic front sight.


108 posted on 02/20/2007 11:34:42 AM PST by kerryusama04 (Isa 8:20, Eze 22:26)
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To: flashbunny

Yeah, I was joking my boss has two hi-points a .45 and a 9mm.

Even for the moeny I wasn't too impressed when I shot them.. Course Glocks have spoiled me.


109 posted on 02/20/2007 11:35:16 AM PST by OXENinFLA
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To: xmission

Time for me to send in a few shekels to the NRA so that they can combat this sort of thing.
The left couldn't wait. They are obsessed with taking guns away from law-abiding citizens (the "upper class" to them) and letting crooks keep them (the "downtrodden").


110 posted on 02/20/2007 11:39:55 AM PST by Leftism is Mentally Deranged (NRA - protecting your right to stay alive)
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To: advance_copy

You are very optimistic, any vote for a Democrat is a vote to be a slave in a dictatorship. The politicians in Washington D.C. in both parties view those not in their social circle as serfs & peasants . To put it bluntly we the people are on our own make your preparations / plans accordingly.


111 posted on 02/20/2007 11:39:57 AM PST by Nebr FAL owner (.308 reach out & thump someone .50 cal.Browning Machine gun reach out & crush someone)
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To: Experiment 6-2-6
"An M1 Carbine is an assault rifle???":

Read 'definitions' under (L).

I don't expect many bureaucrats think your DCM Garand is 'suitable for sporting purposes'.

Especially as it goes on to say:
In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.

(sure glad I resisted the temptation to put a pistol grip on my Krag.)

112 posted on 02/20/2007 11:43:40 AM PST by norton
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To: Experiment 6-2-6

To the political whores that think of themselves as your LORD & MASTER yes it is .Make no mistake about it you are not trusted to complete toilet training by those in Washington D.C.


113 posted on 02/20/2007 11:43:53 AM PST by Nebr FAL owner (.308 reach out & thump someone .50 cal.Browning Machine gun reach out & crush someone)
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To: hophead

If your lucky you get thrown in jail if the Pratorian Guard (federal LEO's ) are in a bad mood you get a bullet in the back of the head while face down on the floor by accident of course.


114 posted on 02/20/2007 11:47:03 AM PST by Nebr FAL owner (.308 reach out & thump someone .50 cal.Browning Machine gun reach out & crush someone)
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To: MinorityRepublican

Only if the guy is lucky if the Federal LEO's are having a bad day you might end up with a bullet in the back of the head while face down on the floor, it will be determined as an accident of course but you will still be dead.


115 posted on 02/20/2007 11:51:05 AM PST by Nebr FAL owner (.308 reach out & thump someone .50 cal.Browning Machine gun reach out & crush someone)
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To: xmission
No matter the personal cost, I will not comply with another ban.

No more. Not now. Not ever.

Time to put up, or shut up and get on the box car.

116 posted on 02/20/2007 11:55:30 AM PST by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be.)
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To: Dead Corpse
Time to put up, or shut up and get on the box car.

YUP

117 posted on 02/20/2007 12:00:32 PM PST by clamper1797 (What's black and brown and looks good on a lawyer ... a pair of Doberman's)
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To: GingisK
I refuse to vote for a RINO like McLame or Juliani when it's going to wind up he cuts my throat anyway. A like mind! Yay! I thought I was alone on FR.

your not alone.

118 posted on 02/20/2007 12:03:24 PM PST by righthand man (WE'RE SOUTHERN AND PROUD OF IT)
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To: B4Ranch
There's at least 3 of us who believe in the 2nd.

Make that at least 4

119 posted on 02/20/2007 12:03:59 PM PST by clamper1797 (What's black and brown and looks good on a lawyer ... a pair of Doberman's)
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To: Charles Martel
The Tree of Liberty thirsts.

And the Libs are feeding it saltine crackers

120 posted on 02/20/2007 12:07:24 PM PST by clamper1797 (What's black and brown and looks good on a lawyer ... a pair of Doberman's)
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