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Text of new Assault Weapons Ban introduced in Senate

Posted on 07/26/2003 6:25:39 PM PDT by conservativefromGa

Assault Weapons Ban and Law Enforcement Protection Act of 2003 (Introduced in Senate)

S 1431 IS

108th CONGRESS

1st Session

S. 1431 To reauthorize the assault weapons ban, and for other purposes.

IN THE SENATE OF THE UNITED STATES

July 17, 2003 Mr. LAUTENBERG (for himself and Mr. CORZINE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

--------------------------------------------------------------------------------

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 2003'.

SEC. 2. DEFINITIONS.

(a) IN GENERAL- Section 921(a)(30) of title 18, United States Code, 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. 3. ELIMINATION OF SUNSET.

Section 110105 of the Public Safety and Recreational Firearms Protection Act is amended--

(1) by striking `--' and all that follows through `(1)'; and

(2) by striking `; and' and all that follows through `that date'.

SEC. 4. GRANDFATHER PROVISIONS.

Section 922(v)(2) of title 18, United States Code, is amended--

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

(2) by striking `on the date of the enactment of this subsection' and inserting `as of September 13, 1994'; and

(3) 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, is amended by striking `(3)' and all that follows through the end of the first 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, 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 at the end 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 title 18, United States Code, 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 title 18, United States Code, is amended--

(A) in paragraph (2), by striking `on or before the date of enactment of this subsection' and inserting `in the United States on or before September 13, 1994';

(B) 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

(C) 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 September 13, 1994, 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 September 13, 1994.'.

(2) PENALTIES- Section 924(a) of title 18, United States Code, as amended by subsection (a)(2), is further 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 amended by section 7(b)(1), is further 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 title 18, United States Code, is amended by striking `manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994'.


TOPICS: Crime/Corruption; Culture/Society; Miscellaneous
KEYWORDS: banglist
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To: PhilDragoo
"TEDDY KENNEDY'S CAR HAS KILLED MORE PEOPLE THAN MY GUN"
161 posted on 07/27/2003 11:44:32 PM PDT by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: conservativefromGa
Ok call me lame but if this passes what are they going to do???? confiscate guns from over 100+ million firearms owners.

Look what happened in canada with there new registration law. Do they actually think people will just turn in there tools of freedom?

Any politician that proposes this is evil and anyone that actually implements this law is really evil.
162 posted on 07/28/2003 12:03:17 AM PDT by zoen
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To: TexasCowboy
Since we're still working with the ballot box, maybe some gun owners should visit the office of their Congressman? That way we can find out what the status of the AWB is or possible some volunteering is necessary?

It sure beats sitting around and waiting for something to happen that we may not like.

Who knows? Maybe we might be able to hear some good news for a change.
163 posted on 07/28/2003 5:00:39 AM PDT by Shooter 2.5 (Don't punch holes in the lifeboat)
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To: PhilDragoo
Gack! Phil, you have to dtop posting that picture of that horrid blob -- it's makes me quesy every time I see it. On second thought, it does present a stark and ugly reminder of exactly what sort of creatures inhabit our federal legislature.

"Demo"-gogues like "swimmer" Kennedy are exactly the power-mad, totalitarian sort that the founding fathers knew and feared would be drawn to the halls of government power. God save the Republic.

Click the Gadsden flag for pro-gun resources!

164 posted on 07/28/2003 6:04:35 AM PDT by Joe Brower ("They have rights who dare maintain them." -- James Russell Lowell)
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To: Joe Brower
...it does present a stark and ugly reminder of exactly what sort of creatures inhabit our federal legislature.

What a frightening thought that is! And I include many RINOs in that number.

165 posted on 07/28/2003 7:57:03 AM PDT by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: Travis McGee
"And I include many RINOs in that number."

I roger that. They are all much more like than unlike.

Click the Gadsden flag for pro-gun resources!

166 posted on 07/28/2003 7:59:08 AM PDT by Joe Brower ("They have rights who dare maintain them." -- James Russell Lowell)
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To: gsrinok
It will...just watch and see.
167 posted on 07/28/2003 7:59:50 AM PDT by dinodino
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To: Squantos
Excellent quote. Great book. Here's 500,000 criminals created by yet another legislative surrender to a populist movement... this one in the 1920's, with direct Constitutional issues... the criminals created were not criminals before 1919, nor after 1930.


168 posted on 07/28/2003 8:41:34 AM PDT by Teacher317
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To: Cacophonous
The real irony is that Saddam Hussein allowed his people to be armed. Who is the REAL tyrant?

Tyrants, like American anti-gun politicians, Saddam, and King George, only accept weapons in the hands of their own well-drilled and obedient thugs.

169 posted on 07/28/2003 8:44:17 AM PDT by Teacher317
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To: El Gato
"...any other characteristic that can function as a grip" means anything - as one can grip a reciever, barrel, etc.

This phrase outlaws all arms. Think not?

{rant on}

This sort of bill ought to be renamed "The Concord Bridge Declaration Bill" as such legislation shall become the "Come and Get IT!" straw on the camel's back with its nose, head, and phallus in the tent.

Our governments' high office holders are becoming lawful because they have gotten away with it so we are about to withdraw our consent from these utopian elites.

Blackrobes are becoming in-your-face rogue outlaws as they order, tax, and threaten us under penalty of law as if they have power to nullify our RATIFIED CONSTITUTIONS, state and federal. Bench RULE by fiat. Think not? Ask the citizens under the 9th, Nevada, and We the People at last under the buggering SCOTUS with their accomplices in Congress and Oval Office.

Congressmen think that we must obey their unConstitutional creations while we should forget who are enemies of our Constitutional Republic? Blackrobes think that we do not know what is "good behavior"?

UnConstitutional "compelling State interest" is their declaration of war.

Their opinions are interesting, but have no lawful basis as their rulings and laws and regulations are in direct conflict with THE Law of the Land from which they derive any and all of the limited powers of office which they choose to abuse. Why in Hell do we act as if they are all powerful?

A quarter million freshly p!ssed soldiers returning from defending us to notoriously open enemies of our Constitution - who wrap themselves in their self-defined, proclaimed extra-Constitutional total "sovereign immunity" - reinforce the millions of well trained citizens already here. We're not sleeping.

XX-44 Hillary would certainly sieze upon the Patriot Act and "disappear" thousands of us long on her DNC Politburo's "domeastic terrorist watch lists, aka NRA membership, FReepers, et al.".

She remembers what happened to her guiding light, Lenin. (Within 5 years of the '17 national salvation, he was shot in the head by a mere socialist, a woman who was then summarily shot in her head and killed by the revolutionary equivalent of the BATF/FBI HRT.)

Hillary has proclaimed, "The Party is the nation!" She, Bill, and thousands of their coprophagic apparachiks and apparadudes will rule us through the police powers of the State. Their planned success at all costs demands that they disarm their citizen enemies, us, as they think that they can make peace with their international socialists and pan-islamists. American DNC Politburo fascists will form up with UNfacism and islamofascism making the global troika, for a while.

A world war they shall have as Chelsea will not abide the Sharia.

Perhaps Venus de Milo wore BDUs while driving her SUV until she was disarmed.

{/rant}

(Test question for homeschoolers: Which Clinton appointed justice is long on record in favor of lowering the sexual age of consent to 12 y.o.?)

170 posted on 07/28/2003 10:53:06 AM PDT by SevenDaysInMay (Federal judges and justices serve for periods of good behavior, not life. Article III sec. 1)
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To: TexasCowboy; Travis McGee
Things may get real bad in this nation before it gets better, but it is always good to remember God is on our side. He inspired the men to write the Constitution and the Bill of Rights and so long as there are a handful of people in this nation who are His followers He will support them and the cause of freedom.


171 posted on 07/28/2003 5:17:51 PM PDT by 2nd_Amendment_Defender ("It is when people forget God that tyrants forge their chains." -- Patrick Henry)
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To: 2nd_Amendment_Defender; Travis McGee
I think Travis is dead on with the plot of his book.
It would take a major event to shake even a small portion of the populance from it's lethargy, and it's not going to happen that way.
How many laws do we have today that our grandkids won't even question? They'll think we've always been restricted in our freedoms, and that's the proper way!
The powers are patient. They take our freedoms slowly....one small step at a time.
172 posted on 07/28/2003 5:35:50 PM PDT by TexasCowboy (COB1)
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To: 2nd_Amendment_Defender
True. Even in 1776 there wasn't a brave majority. I think they said it was 25% for freedom, 25% for the Crown, and 50% who went the way the gunsmoke blew.
173 posted on 07/28/2003 5:55:15 PM PDT by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: TexasCowboy
Yep, the Soviets had a very nice constitution as well. The Russians just were used to it not really meaning a damn thing in reality.

There, it was the CPSU and the KGB who determined what the laws "really" meant.

Here it is our out-of-control judges who do it.

174 posted on 07/28/2003 5:57:05 PM PDT by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: Travis McGee
Yep, and that was the way Texas went in 1836.
Most of the people wanted to "get along" with the Mexicans because they had crops to raise and families to feed.
Sound familiar?
Even events like Goliad and the Alamo didn't shake up the people!
When Sam Houston was making his way through the countryside in what has been called the "Runaway Scrape" he was trying to gather some fighting men for his army and having a helluva time doing it.
There were a few firebrands who finally had enough of running, and he was forced to turn around and defeat Santa Anna at San Jacinto.
Most of the people will ride it out and let someone else do the fighting, but they damn sure want the rewards!
175 posted on 07/28/2003 6:30:00 PM PDT by TexasCowboy (COB1)
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To: Travis McGee
"Here it is our out-of-control judges who do it."

We've reached a point in our society when "law" and "liberal" go hand in hand, and I don't know any way to correct it.
We all promised ourselves that when GW took over the reins we'd see Conservative judges on the benches.
What a joke!

176 posted on 07/28/2003 6:42:20 PM PDT by TexasCowboy (COB1)
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To: TexasCowboy
It's either the steadily tightening clicking of the "ratchet effect" (always tighter), or at some point the card table gets thrown over, we all go for our pistolas, and we'll see who comes out on top.

For sure, a dirty war would not be pretty. My sincere hope is that books like mine will carry a stark message of warning to the polidiot gun-grabbers that they are tossing matches into a dynamite factory.

177 posted on 07/28/2003 6:51:12 PM PDT by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: TexasCowboy
Help may be on the way.
http://www.freerepublic.com/focus/f-news/953975/posts

I think the Republicans are grooming this lady for the Supreme Court. She would be an excellent choice. The only question is whether the impatient ones will wait until she's confirmed before they submit a Second Amendment case to the Court. It looks like the answer is "no".


178 posted on 07/28/2003 8:14:39 PM PDT by Shooter 2.5 (Don't punch holes in the lifeboat)
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To: conservativefromGa
There goes my Berreta 92 with its 15 round magazine.
179 posted on 07/28/2003 8:24:58 PM PDT by redangus
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To: Shooter 2.5
"Brown accused the court's plurality of abrogating the constitutional rights of parents, described the court's thinking as circular, and called the case "an excellent example of the folly of courts in the role of philosopher kings."'

BOY!
She hit that square on the head!!

180 posted on 07/28/2003 8:46:36 PM PDT by TexasCowboy (COB1)
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