House Resoulution 2038 IH (gun grabbing)

US HOUSE OF REP

[conservativefromGa]

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

HR 2038 IH

108th CONGRESS

1st Session

H. R. 2038 To reauthorize the assault weapons ban, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 8, 2003 Mrs. MCCARTHY of New York (for herself, Mr. SHAYS, Mr. CONYERS, Mr. SMITH of New Jersey, Mr. NADLER, Ms. LOFGREN, Ms. JACKSON-LEE of Texas, Ms. WATERS, Mr. MEEHAN, Mr. DELAHUNT, Mr. WEXLER, Mr. WEINER, Ms. LINDA T. SANCHEZ of California, Mr. EMANUEL, Mr. CASE, Mrs. MALONEY, Ms. CORRINE BROWN of Florida, Mr. KENNEDY of Rhode Island, Mr. RANGEL, Ms. WOOLSEY, Mr. ACKERMAN, Ms. SCHAKOWSKY, Mr. HONDA, Mr. STARK, Ms. SOLIS, Ms. LEE, Mr. VAN HOLLEN, Mr. WAXMAN, Mr. TOWNS, Ms. ROYBAL-ALLARD, Mr. GRIJALVA, Ms. CARSON of Indiana, Ms. NORTON, Mr. LIPINSKI, Mr. RUSH, Ms. WATSON, Mr. DAVIS of Illinois, Mr. LEWIS of Georgia, Mr. JACKSON of Illinois, Mr. GUTIERREZ, Mr. OWENS, Mr. BLUMENAUER, Mr. CUMMINGS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. FARR, Ms. LORETTA SANCHEZ of California, Mr. MORAN of Virginia, Mr. MARKEY, Mr. ANDREWS, Mr. HOLT, Mr. PAYNE, Mr. MCGOVERN, Mr. PASCRELL, Mr. FRANK of Massachusetts, Mrs. TAUSCHER, Ms. DELAURO, Mr. ENGEL, Mr. CAPUANO, Mr. HOEFFEL, Mrs. LOWEY, Mr. MENENDEZ, Ms. VELAZQUEZ, Mr. TIERNEY, Mr. BRADY of Pennsylvania, Mr. ROTHMAN, Mr. FATTAH, Ms. HARMAN, Mr. BISHOP of New York, and Mr. LANGEVIN) introduced the following bill; which was 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 Violent Crime Control and Law Enforcement Act of 1994 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 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, 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 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 such title 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) of this Act, 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 such title is amended by striking `manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994'.

[conservativefromGa]

*

[conservativefromGa]

`(ii) Clause (i) shall not apply to an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. aww there gonna let us keep our tube loaded rimfires aint that sweet

[Mulder]

This seditious crap sounds more like something that a foreign occupying army would attempt to impose on Americans.

Should it pass, I'm guessing that there will be no shortage of Patriots who will treat it as exactly such.

[Dan from Michigan]

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

The whole bill is unacceptable. THIS PART is WORSE than unacceptable.

[longtermmemmory]

what does this mean? Is it out of comittee? Has hasert allowed it on the floor?

[supercat]

Lots of nasty expansions of the AWB in there. Hopefully that will make it easy for the Republicans to kill it. By my reading, it makes it unlawful to possess e.g. a telescoping stock--even one made in 1993--if it was not, prior to AWB1994, assembled onto an "Assault Weapon".

[conservativefromGa]

It has just been intoduced It should go to a committee soon. But hopefully the chairman want let it see the light of day

[conservativefromGa]

opps sorry about the spelling

[Dan from Michigan]

Sensenbrenner is one of the better ones.

[Notforprophet]

There is absolutely no way in Hell Tom Delay is gonna let this bill come up for a vote in the House.

[Sender]

This is almost a gun banner's wet dream. This makes all the postban copies into eevil assault weapons. I sincerely hope that the knowledgeable pundits around here are correct in predicting the death in Congress of this idiotic bill.

And to all the honorable Congress critters who have attached their names to this abomination, I have but one thing to say...F**k this s**t. You're forgetting who you work for.

[JackelopeBreeder]

Well dig this -- Rauuul Grijalva, our favorite representative from Aztlan is a sponsor.

Molon Labe, cucaracha.

[philetus]

Don't be too sure.
Most of the pubbie polititians want the serfs disarmed as bad as the dems.

[templar]

This is nothing to worry about. It wont pass. And if it does pass, Bush won't sign it. And if Bush does sign it, It'll still be OK since it's the Republicans doing it and not the Democrats.

[DLfromthedesert]

What a surprise!!!

[HuntsvilleTxVeteran]

I just received my Kel-Tec sub rifle last week.

[Reaganwuzthebest]

Well dig this -- Rauuul Grijalva, our favorite representative from Aztlan is a sponsor.

Yeah, I noticed. And he has the nerve to call patriotic Americans "cockroaches". Wait till the light shines on all these critters, we'll see who crawls back under the rocks.

[follow the money]

May 12, 2003


Clear target of the assault weapon law



Jacob Sullum

"The most critical improvement" to the federal "assault weapon" ban, according to the Violence Policy Center, "is to ensure that the term 'assault weapon' includes all guns that are, in fact, assault weapons." Don't think about that assertion too much; it might cause your head to explode.
The gun banners at the VPC are unfazed by the fact that "assault weapon" is not an objective category: They know one when they see it. Legally, however, "assault weapon" means whatever Congress says it means.
The 1994 ban, which is scheduled to expire next year but would be renewed by legislation recently introduced in the House and Senate, identifies several specific brands and models as "semiautomatic assault weapons." It also bans any semiautomatic gun that accepts a detachable magazine and has at least two features from a list of five (four in the case of shotguns).
Although the justification for the ban was that "assault weapons" are especially dangerous, the criteria Congress chose — including bayonet mounts, folding stocks, pistol grips and barrel shrouds — for practical purposes have nothing to do with lethality. The targeted guns are distinguished mainly by their sinister, military-style appearance.
The VPC complains that "the gun industry moved quickly to make slight, cosmetic design changes in their 'post-ban' guns to evade the law." That was possible because the focus of the law — the essence of what makes a gun an "assault weapon" — is slight and cosmetic.
The VPC says the solution is a broader definition: Instead of two features from a list, for example, one should suffice. But that approach makes the difference between legal and illegal guns even slighter, while evading the basic question of why these weapons were singled out to begin with.
As President Bush's support for renewing the law reflects, the "assault weapon" ban is widely seen as the very model of reasonable gun control. Yet it is based on arbitrary distinctions unrelated to public safety or crime control.
The anti-gun lobby decided to target firearms that look like military weapons for tactical reasons. As the VPC's Josh Sugarmann observed in 1988, "The weapons' menacing looks, coupled with the public's confusion over fully automatic machine guns versus semi-automatic assault weapons — anything that looks like a machine gun is assumed to be a machine gun — can only increase that chance of public support for restrictions on these weapons."
The VPC continues to capitalize on this confusion. "Civilian assault weapons," it says, "are semiautomatic versions of military weapons designed to rapidly lay down a wide field of fire often called 'hosing down' an area." Contrary to the impression left by that ambiguous statement, so-called assault weapons fire once per trigger pull, like any other semiautomatic.
Functionality aside, are "assault weapons" especially popular with criminals? Police statistics from across the country indicate that they represent 2 percent to 3 percent of guns used in crimes.
To get around the fact that "assault weapons" are rarely used by criminals, the VPC is now claiming that from 1998 through 2001 "one in five law enforcement officers slain in the line of duty was killed with an assault weapon." This estimate is padded by the inclusion of weapons that Congress does not define as "assault weapons" but that the VPC does. In any case, it indicates that the vast majority of police killers use guns that no one considers to be "assault weapons."
Notice, too, that banning guns does not prevent them from being used in crimes, which makes you wonder what good even an "improved" ban could be expected to accomplish. Even if police killers were fond of "assault weapons" and if passing a law could magically eliminate them, it's absurd to imagine that violent criminals could not find adequate substitutes.
The "assault weapon" ban sets a dangerous precedent precisely because the justification for it is so weak. It suggests that you don't need a good reason to limit the right to keep and bear arms, and it invites further restrictions down the road. As far as the gun banners are concerned, that is the whole point.
In 1996, Washington Post columnist Charles Krauthammer, who favors banning gun possession by civilians, conceded that the arguments advanced by supporters of the "assault weapon" ban were "laughable." The "only real justification" for the law, he said, "is not to reduce crime but to desensitize the public to the regulation of weapons in preparation for their ultimate confiscation."


Jacob Sullum, a senior editor at Reason magazine, is a nationally syndicated columnist.

[conway]

When government begins to curtail one of our rights it is a sign that the criminals have taken over government. Rights are not privilidges, they are what no one can take away. In this instance, the right of the people to keep and bear arms is an essential ingredient for a republican form of government that is guaranteed to us in Article V, Section 5 of the U.S. Constitution.

Republican: A government where the supreme power resides in abody of citizens entitled to vote for officers and representatives that answer to them and govern according to law.

How can we be the supreme power if we are willing to sit around waiting for the next meard hammer to fall?

Call your rep. and remind them that they have no legal authority to curtail one of our Rights. Tell them that the Bill of Rights is a no trespassing sign for government and that you know they are breaking our laws criminally when they trespass there.

It is up to us to keep government in its place,not the other way around.

We are being told that the founders never meant for us to be a danger to our enviornment by being armed. We ar being told that the word people means the Militia. We are being told that the Militia is the National Guard that became a reserve force for the Federal Army in 1903.

Nothing could be more dangerous to our liberty than letting government define words for us. People: "The mass of a community as distinguished from a specialized class". That's you and me.

It also says arms, not B.B. Guns and butter knives. We should have access to anything aligned against us includng stealth bombers and tanks.

"A Nation of well informed men who have been taught to know and prize the rights which God has given them cannot be enslaved. It is in the region of ignorance that tyranny begins". Ben Franklin