S645 - Text of Frank Launtenberg's Ugly Gun Ban (I refuse to use the term assault weapons)

thomas ^ | 3-16-05 | Frank Lautenberg

[Dan from Michigan]

Mr. LAUTENBERG. Mr. President, I rise to speak about a common sense bill that will protect American citizens and law enforcement officers. The Assault Weapons Ban and Law Enforcement Protection Act is designed to restore and strengthen the ban on assault weapons that expired on September 13, 2004.

The Government Accountability Office recently reported that 47 people on the terrorist watch list legally purchased firearms in this country last year. I personally believe that a person on the terrorist watch list, who isn't allowed to board a commercial airliner, should not be able to purchase any weapon. But they especially shouldn't be able to buy assault weapons, which possess unique, military-bred, anti-personnel design characteristics. These features, taken together, make it easy for a shooter to simply point a weapon--as opposed to taking careful aim--and quickly spray a wide area with a lethal hail of bullets.

These features make assault weapons especially attractive to terrorists and criminals, and virtually useless to hunters or sport shooters.

Before the previous ban on assault weapons expired last November, some attempted to justify that expiration by saying that it wasn't working as intended.

That is true. Some gun manufacturers were exploiting loopholes in the law by selling kits that made it possible to modify legal firearms into assault -style weapons, or by changing a few features of a weapon so it would slip through the legal definition of an assault rifle. The proper response to these abuses was not to let the ban expire, however. Instead, we should have fixed the ban so it really kept assault -style weapons out of the hands of criminals and terrorists. This bill will do that.

It improves and simplifies the definition of assault weapons; expands the scope of the ban to include conversion parts kits that can be purchased through the mail and used to build an assault weapon; regulates the transfer of grandfathered assault weapons; clarifies definitions of assault weapon characteristics; and enhances tracing of assault weapons.

Keeping assault weapons out of the hands of terrorists and criminals is simply a matter of common sense. Innocent lives are at stake--including the lives of law enforcement officers who are our last line of defense against terrorists who would attack our communities. Make no mistake--military-style assault weapons are a threat to cops on the street.

An analysis of FBI data found that one in five law enforcement officers slain in the line of duty between January 1, 1998, and December 31, 2001, were killed with assault weapons. How many of those officers would be alive today if criminals hadn't been able to get their hands on assault weapons?

Hundreds of organizations are on record in support of a ban on assault weapons, including the Anti-Defamation League, Brady Campaign to Prevent Gun Violence united with the Million Mom March, Consumer Federation of America, National Coalition Against Domestic Violence, National League of Cities, and Voices for America's Children. I urge all of my colleagues to support this common-sense measure.

I ask unanimous consent that the text of the bill be printed in the RECORD.

There being no objection, the bill was ordered to be printed in the RECORD, as follows:

S. 645

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 2005''.

SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

(a) RESTRICTION.--Section 922 of title 18, United States Code, is amended by adding after subsection (u) the following:

``(v)(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.

``(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of this subsection.

``(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.

``(4) Paragraph (1) shall not apply to--

``(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

``(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an onsite physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee onsite for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

``(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or

``(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.

``(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 Congress and make the record available to the general public.''.

(b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON.--Section 921(a) of title 18, United States Code, is amended by adding after paragraph (29) the following:

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

``(A) RIFLES.--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; (Dan: WTF?)

``(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; (Another WTF?)

``(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) PISTOLS.--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) SHOTGUNS.--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) DETACHABLE MAGAZINE RIFLES.--A semiautomatic rifle that has an ability to accept a detachable magazine, and that has-- (Dan: Only ONE feature under this law)

``(i) a folding or telescoping stock;

``(ii) a threaded barrel;

``(iii) a pistol grip;

``(iv) a forward grip; or

``(v) a barrel shroud.

``(E) FIXED MAGAZINE RIFLES.--A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

``(F) DETACHABLE MAGAZINE PISTOLS.--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) FIXED MAGAZINE PISTOLS.--A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

``(H) SEMIAUTOMATIC SHOTGUNS.--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) OTHER SHOTGUNS.--A shotgun with a revolving cylinder.

``(J) FRAMES OR RECEIVERS.--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) CONVERSION KITS.--A conversion kit.

``(L) MILITARY OR LAW ENFORCMENT WEAPONS.--A semiautomatic rifle or shotgun (Dan: Doesn't say SEMI-AUTO shoting. Could mean semiautomatic rifles or ANY shotgun) originally designed for military or law enforcement use(Dan: No more M1 Garands), 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.''.

(c) PENALTIES.--

(1) VIOLATION OF SECTION 922(v).--Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ``or (q) of section 922'' and inserting ``(r), or (v) of section 922''.

(2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.--Section 924(c)(1)(B)(i) of title 18, United States Code, is amended by inserting ``or semiautomatic assault weapon,'' after ``short-barreled shotgun,''.

(d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS.--Section 923(i) of title 18, United States Code, is amended by adding at the end the following: ``The serial number of any semiautomatic assault weapon manufactured after the date of the enactment of this sentence shall clearly show the date on which the weapon was manufactured.''.

(e) 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. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) PROHIBITION.--Section 922 of title 18, United States Code, as amended by section 2(a), is amended by adding after subsection (v) the following:

``(w)(1)(A) Except as provided in subparagraph (B), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

``(B) Subparagraph (A) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed in the United States on the date of enactment of this subsection.

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

``(3) This subsection shall not apply to--

``(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

``(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an onsite physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee onsite for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; or

``(C) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.

``(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 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 enactment of this subsection.''.

(b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.--Section 921(a) of title 18, United States Code, as amended by section 2(b), is amended by adding after paragraph (30) the following:

``(31) The term `large capacity ammunition feeding device'--

``(A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

``(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.''.

(c) PENALTY.--Section 924(a)(1)(B) of title 18, United States Code, as amended by section 2(c), is amended by striking ``or (v)'' and inserting ``(v), or (w)''.

(d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES.--Section 923(i) of title 18, United States Code, as amended by section 2(d), is amended by adding at the end the following: ``A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured or imported after the effective date of this subsection, and such other identification as the Attorney General may by regulation prescribe.

(e) 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.

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

SEC. 4. STUDY BY ATTORNEY GENERAL.

(a) STUDY.--The Attorney General shall investigate and study the effect of this Act and the amendments made by this Act, and in particular shall determine their impact, if any, on violent and drug trafficking crime. The study shall be conducted over a period of 18 months, commencing 12 months after the date of enactment of this Act.

(b) REPORT.--Not later than 30 months after the date of enactment of this Act, the Attorney General shall prepare and submit to Congress a report setting forth in detail the findings and determinations made in the study under subsection (a).

SEC. 5. 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. 6. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

[Sender]

Bottom line is, there are no 'assault rifles' and there are no 'sniper rifles' and there are no 'Saturday night specials'. There are only people who threaten no one, and people who threaten everyone. Get the bad people in jail, and leave the good people alone.

[AZ_Cowboy]

I'm thinking this bill is DOA. The passsage of the misnamed Omnibus "Crime" Bill in 94 is what the analysts say cost the dems the House in the 94 elections. One cannoth elp but notice they've never regained it since.

The fact that a senile old man like Lautenberg could actually get reelected speaks rather ill of the Citizens of New Jersey.

I'm with you on the term "assault weapon". I also refuse to call "high-capacity magazines" anything other than "standard magazines". The ten-rounders are really restricted capacity magazines, given that the firearms were engineered with larger ones in mind. For a while, Glock used to print that on the magazines, as a matter of a fact. I think Jeff Cooper might have suggested we quit calling them hi-caps originally, but don't hold me on that.

[t_skoz]

come and take 'em... come and take 'em...

MOLON LABE - FROM MY COLD DEAD HANDS

[AZ_Cowboy]

The first gun I ever bought was a Ruger Ranch Rifle. I got the K Variant, which is stainless with the birch stock. It came with scope rings and a popup sight. The neat thing is that you can remove the scope from the rail with a nickel and keep on shooting if you need to.

[R W Reactionairy]

In the text of the bill you inserted "Dan: WTF?" after "M1 Carbine".

The "WTF" in this instance stems from the fact that an M1 Carbine is a named "assault weapon" under New Jersey's idiotic gun laws. Lousenberg being one of Jersey's worst politicians [and there clearly is a lot of competition] could not resist including that bit of stupidity in his new bill.

[El Gato]

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

This definition, along with the "one ugly feature ban" would effectively ban *all* detachable magazine semiautomatic rifles. Since the stock functions as a grip, and those with no stock would fall afoul of the "too short" criteria in existing law.

[coloradan]

Some gun manufacturers were exploiting loopholes in the law by selling kits that made it possible to modify legal firearms into assault -style weapons, or by changing a few features of a weapon so it would slip through the legal definition of an assault rifle.

Those aren't "loopholes" they are specific legal exemptions you socialist liar. (Chuckie, not you Dan.)

[B4Ranch]

Launtenberg is a COMMUNIST.

[B4Ranch]

Ban them here, dump them in the ocean and we could build a highway to Australia.