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
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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'.
With this innoucous langauge, along with the change from requiring two bad features for banning to just one, they will have banned all semi-automatic rifles with detachable magazines and all semi-auto shotguns, except those with 5 round or less capacity magazines. For the shotguns they'll probably count by using those stubby little shells from Aguela, about 1.5 inches, so a gun designed to hold 3 rounds of 3" shell will be over the top, and thus banned.
And how is this for Orwellian doublespeak:
") 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.'.
Notice that since the shotguns procured for the military are usually modifications of civilian designs, or sometimes not modifications at all, many semi-auto shotguns not caught up by the "pistol grip" criteria, will be caught up by the "military" criteria. Hope all the sporting clays shooters and the bird hunters take note.
This is the campanion bill to one introduced in the House quite some time ago. The provisions seem identical. It may actually be the sacrificial lamb that the Gun Grabbers will offer up for the "more reasonable" version which merely makes permanent the current Ugly Gun Ban, and also bans import of >10 round magazines, regardles of when manufactured.
Agree, and I'll add that to congress and well.
He'll need every one of them too. The Repubs will abandon him by the millions.
The virtually identical H.R.2038 was introduced in earlly May in the House by Rep Carolyn McCarthy, with 97 co-sponsers, including the traitor in whose district I reside! (He inherited the seat from his father, for whom half the public buildings in town built in the last 50 years, seem to be named, so I'd say his hold on the seat is pretty solid, unless re-districting gets him. I can only hope. )
Don't blame me....I voted for Rocky.
For a group of people who swore to "...protect and defend the Constitution...from all enemies" they sure are doing their damndest to infringe my right to keep and bear arms.
Let these bastards know that a vote for this bill is a vote for them to be unemployed next November.
Ditto me too, but I do not think it is going to happen. Evidence.
The NRA is now soliciting funds specifically to fight this bill and they are about six months behind GOA getting started.
Politicians are well aware of the 1994 blood bath that decimated the democrap party and know that NRA membership is higher than ever.
If you read all the gun bills introduced this year you will notice that some progun bills have been introduced by conservative democraps. They fear the ballot box, big time.
The list of guns to be banned is expanded and millions of shooters and gun owners will find their favorite piece on the list.
The letters have been pouring into politicians since the white house spokes person said Dubya would sign a assault weapons bill.
The high capacity magazines that never really became unavailable have recently been marked down up to 30% by some sellers. Anyone who stocked up on these items is going to have to sell them below cost before long.
That's the writing on the wall, the way I read it. In any case a lady at the RNC called the other day asking for donations. I politiely explained to her that all my dontations were going to NRA and GOA until this assault weapons bill issue was resolved. She then mentioned that we could get stuck with another eight years of someone like Bill Clinton, and would I allow a single issue get in the way and let this occur. I told her, "oh yes I could, have a good day, click."
The question is does it have support in the Judiciary committee to have a hearing and be voted out favorably for Senate action. If Hatch doesn't bring it up then it will die a dead there.....
The companion bill in the House has the following co-sponsors......
H.R.2038
Title: To reauthorize the assault weapons ban, and for other purposes.
Sponsor: Rep McCarthy, Carolyn [NY-4] (introduced 5/8/2003) Cosponsors: 97
Related Bills: S.1431
Latest Major Action: 6/25/2003 Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
| Rep Abercrombie, Neil - 6/16/2003 [HI-1] | Rep Ackerman, Gary L. - 5/8/2003 [NY-5] |
| Rep Andrews, Robert E. - 5/8/2003 [NJ-1] | Rep Becerra, Xavier - 7/24/2003 [CA-31] |
| Rep Berman, Howard L. - 7/24/2003 [CA-28] | Rep Bishop, Timothy H. - 5/8/2003 [NY-1] |
| Rep Blumenauer, Earl - 5/8/2003 [OR-3] | Rep Brady, Robert - 5/8/2003 [PA-1] |
| Rep Brown, Corrine - 5/8/2003 [FL-3] | Rep Capps, Lois - 5/19/2003 [CA-23] |
| Rep Capuano, Michael E. - 5/8/2003 [MA-8] | Rep Cardin, Benjamin L. - 6/3/2003 [MD-3] |
| Rep Carson, Julia - 5/8/2003 [IN-7] | Rep Case, Ed - 5/8/2003 [HI-2] |
| Rep Clay, Wm. Lacy - 7/24/2003 [MO-1] | Rep Conyers, John, Jr. - 5/8/2003 [MI-14] |
| Rep Crowley, Joseph - 7/17/2003 [NY-7] | Rep Cummings, Elijah E. - 5/8/2003 [MD-7] |
| Rep Davis, Danny K. - 5/8/2003 [IL-7] | Rep DeGette, Diana - 5/21/2003 [CO-1] |
| Rep Delahunt, William D. - 5/8/2003 [MA-10] | Rep DeLauro, Rosa L. - 5/8/2003 [CT-3] |
| Rep Deutsch, Peter - 5/19/2003 [FL-20] | Rep Emanuel, Rahm - 5/8/2003 [IL-5] |
| Rep Engel, Eliot L. - 5/8/2003 [NY-17] | Rep Eshoo, Anna G. - 6/10/2003 [CA-14] |
| Rep Farr, Sam - 5/8/2003 [CA-17] | Rep Fattah, Chaka - 5/8/2003 [PA-2] |
| Rep Filner, Bob - 7/8/2003 [CA-51] | Rep Frank, Barney - 5/8/2003 [MA-4] |
| Rep Gonzalez, Charles A. - 7/8/2003 [TX-20] | Rep Grijalva, Raul M. - 5/8/2003 [AZ-7] |
| Rep Gutierrez, Luis V. - 5/8/2003 [IL-4] | Rep Harman, Jane - 5/8/2003 [CA-36] |
| Rep Hastings, Alcee L. - 7/17/2003 [FL-23] | Rep Hoeffel, Joseph M. - 5/8/2003 [PA-13] |
| Rep Holt, Rush D. - 5/8/2003 [NJ-12] | Rep Honda, Michael M. - 5/8/2003 [CA-15] |
| Rep Hoyer, Steny H. - 7/25/2003 [MD-5] | Rep Israel, Steve - 7/15/2003 [NY-2] |
| Rep Jackson, Jesse L., Jr. - 5/8/2003 [IL-2] | Rep Jackson-Lee, Sheila - 5/8/2003 [TX-18] |
| Rep Johnson, Eddie Bernice - 5/8/2003 [TX-30] | Rep Jones, Stephanie Tubbs - 7/24/2003 [OH-11] |
| Rep Kennedy, Patrick J. - 5/8/2003 [RI-1] | Rep Kucinich, Dennis J. - 5/19/2003 [OH-10] |
| Rep Langevin, James R. - 5/8/2003 [RI-2] | Rep Lantos, Tom - 5/21/2003 [CA-12] |
| Rep Larson, John B. - 6/3/2003 [CT-1] | Rep Lee, Barbara - 5/8/2003 [CA-9] |
| Rep Lewis, John - 5/8/2003 [GA-5] | Rep Lipinski, William O. - 5/8/2003 [IL-3] |
| Rep Lofgren, Zoe - 5/8/2003 [CA-16] | Rep Lowey, Nita M. - 5/8/2003 [NY-18] |
| Rep Maloney, Carolyn B. - 5/8/2003 [NY-14] | Rep Markey, Edward J. - 5/8/2003 [MA-7] |
| Rep Matsui, Robert T. - 7/8/2003 [CA-5] | Rep McCollum, Betty - 6/16/2003 [MN-4] |
| Rep McDermott, Jim - 6/3/2003 [WA-7] | Rep McGovern, James P. - 5/8/2003 [MA-3] |
| Rep Meehan, Martin T. - 5/8/2003 [MA-5] | Rep Meeks, Gregory W. - 5/19/2003 [NY-6] |
| Rep Menendez, Robert - 5/8/2003 [NJ-13] | Rep Miller, George - 5/19/2003 [CA-7] |
| Rep Moran, James P. - 5/8/2003 [VA-8] | Rep Nadler, Jerrold - 5/8/2003 [NY-8] |
| Rep Norton, Eleanor Holmes - 5/8/2003 [DC] | Rep Olver, John W. - 5/21/2003 [MA-1] |
| Rep Owens, Major R. - 5/8/2003 [NY-11] | Rep Pascrell, Bill, Jr. - 5/8/2003 [NJ-8] |
| Rep Payne, Donald M. - 5/8/2003 [NJ-10] | Rep Rangel, Charles B. - 5/8/2003 [NY-15] |
| Rep Rothman, Steve R. - 5/8/2003 [NJ-9] | Rep Roybal-Allard, Lucille - 5/8/2003 [CA-34] |
| Rep Rush, Bobby L. - 5/8/2003 [IL-1] | Rep Sanchez, Linda T. - 5/8/2003 [CA-39] |
| Rep Sanchez, Loretta - 5/8/2003 [CA-47] | Rep Schakowsky, Janice D. - 5/8/2003 [IL-9] |
| Rep Schiff, Adam B. - 7/17/2003 [CA-29] | Rep Serrano, Jose E. - 6/10/2003 [NY-16] |
| Rep Shays, Christopher - 5/8/2003 [CT-4] | Rep Sherman, Brad - 5/21/2003 [CA-27] |
| Rep Slaughter, Louise McIntosh - 6/23/2003 [NY-28] | Rep Smith, Christopher H. - 5/8/2003 [NJ-4] |
| Rep Solis, Hilda L. - 5/8/2003 [CA-32] | Rep Stark, Fortney Pete - 5/8/2003 [CA-13] |
| Rep Tauscher, Ellen O. - 5/8/2003 [CA-10] | Rep Tierney, John F. - 5/8/2003 [MA-6] |
| Rep Towns, Edolphus - 5/8/2003 [NY-10] | Rep Van Hollen, Chris - 5/8/2003 [MD-8] |
| Rep Velazquez, Nydia M. - 5/8/2003 [NY-12] | Rep Waters, Maxine - 5/8/2003 [CA-35] |
| Rep Watson, Diane E. - 5/8/2003 [CA-33] | Rep Waxman, Henry A. - 5/8/2003 [CA-30] |
| Rep Weiner, Anthony D. - 5/8/2003 [NY-9] | Rep Wexler, Robert - 5/8/2003 [FL-19] |
| Rep Woolsey, Lynn C. - 5/8/2003 [CA-6] |
Gonna be an on going battle till we die I believe so I may as well settle in for the long fight with these seditious polidiots and presstitutes.
Stay Safe TC !
It does. One version was called the Street Sweeper, another the Stryer 12. However they have been reclassified as "destructive devices", being shotguns "not particular suitable for sporting purposes". Even those who owned them before that, were/are required to register them as with a machine gun, but without the $200 tax, until you want to sell it, then the new buyer must pay the tax, and jump through the other NFA hoops.
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