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'.

[follow the money]

Want a gun? You'll need to see your doctor
By Kelly A. Winget
Eagle-Tribune Writer

METHUEN -- People in Greater Lawrence who apply for a handgun license for the first time now need a letter from their doctor stating they are medically and psychologically fit.

To police, this is one more tool to help them decide who should be permitted to carry a gun. But to gun owner advocates, it is one more step designed to make it "virtually impossible" for people to obtain a permit to own and carry a handgun.

Police chiefs in Lawrence, Andover, North Andover and Methuen met months ago, at the request of Andover Police Chief Brian Pattullo, to make gun licensing rules uniform throughout the four communities.

They agreed that applicants must get a note from a doctor stating there are "no medical or psychological issues" that would prevent the person from owning or operating a gun.

Gun applicants would also be required to pass a gun safety course, undergo a complete background check, fill out the permit application and pay $35 for the permit.

Methuen Police Chief Bruce A. MacDougall said the physician's letter helps police rule out "unsuitable" people from acquiring a gun license. He also said the physician would not be held responsible if the person became unfit to own a gun at a later date.

He said he did not believe requiring a letter from a doctor had prevented anyone from obtaining a gun permit.

"The four chiefs felt it is our duty to separate a suitable person from an unsuitable person," MacDougall said. "Just based on the application or spending a few minutes with a licensing officer doesn't give you a real feeling of the individual. Plus, we are not trained by our education or experience to look for the same things a medical person would."

"We were looking for assistance and who better than the family physician?" MacDougall continued. "We are not looking for a medical or psychological evaluation."

James L. Wallace, the legislative agent for the state group Gun Owners Action League, said this was the first time he had heard of a community requiring a letter from a doctor. He said he will fight to prevent other communities from adopting similar policies.

"This will make it virtually impossible to get (a license to carry a firearms permit). If I was a doctor, I would not want to sign off on something like that," said Wallace, a Newburyport resident. "The chance that a gun owner would do something illegal is very slim, but who would want to put their whole career on the line? The police are passing off their responsibilities onto the citizens and unfortunately onto the physicians."

Wallace said since the Brady Bill passed in 1998, the number of licensed gun owners in the state has dropped from 1.5 million in 1998 to less than 200,000 several months ago. He said the new doctor policy in Greater Lawrence is just another example of the "roadblocks police chiefs create" in regards to the issuing of gun permits.

"The police chiefs think they are doing the community a service, but they really just torment gun owners," Wallace said.

[Dan from Michigan]

VPC Offers Strong Support for McCarthy-Conyers Assault Weapons Ban

WASHINGTON, DC—The Violence Policy Center (VPC) announced its strong support for the "Assault Weapons Ban and Law Enforcement Protection Act of 2003," legislation introduced today by Representatives Carolyn McCarthy (D-NY) and John Conyers (D-MI). The legislation would renew a 1994 federal law banning certain assault weapons. More importantly, the bill would significantly strengthen current law to address limitations in the ban that have allowed the gun industry to circumvent the law.

The current assault weapons ban will end on September 13, 2004, unless Congress and the President act and pass new legislation.

The gun industry has successfully circumvented the current law, designing and marketing assault weapons that incorporate slight modifications to evade the ban. The gun industry markets a wide variety of such "post-ban" assault weapons. "These guns are assault weapons, but they are not banned by current law," states Kristen Rand, VPC legislative director. These "post-ban" guns incorporate features that are the essence of an assault weapon, design characteristics that make it easy for a shooter to simply point – as opposed to carefully aim – the weapon to quickly spray a wide area with a lethal hail of bullets. These design characteristics make assault weapons especially attractive to criminals and distinguish them from true hunting weapons. Today, "post-ban" versions of AK-47s and AR-15s, guns banned by name by the 1994 law, are flooding the civilian market. A post-ban AR-15 clone manufactured by Bushmaster was used by the Washington, DC-area snipers to kill 10 and injure three in October 2002.

The McCarthy-Conyers bill is modeled on California's assault weapons ban. The California law was passed in 1999 to improve upon that state's landmark 1989 legislation to ban assault weapons in the wake of the Stockton schoolyard massacre. Adds Rand, "The updated California law has successfully prevented the gun industry from manufacturing and marketing "sporterized" assault weapons. This should be the goal of any new federal law."

[follow the money]

Gun Facts http://home.attbi.com/~guys/guns.html

[rightofrush]

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.

Au contraire, mon ami. They know only too well who they work for. Novus ordo seclorum, don'cha know.

[JackelopeBreeder]

Let's see. So far I'm guilty on 28 counts. And I still haven't opened two other safes or counted all the high capacity magazines except the 75-round drum on the MAK-90.

This is discouraging. I had just become used to being called a vigilante and militia member. Now I apparently need to work mercenary, gun runner, arms merchant and felon into the resume.

Anybody have any ideas how to accomplish this and still keep it within the customary two pages?

[DLfromthedesert]

AND you're a cockroach, according to the Padre of all Cucarachas, RaUUUUUl!!!

I heard Richard Humphries on a radio show on Saturday. He said RaUUUL called him a cockroach.

[follow the money]

Assault Weapons Ban : not any more - its way worse.
NRA ^


Posted on 05/12/2003 4:56 PM PDT by OOPisforLiberals


All you anti-AWB people : listen closely. The "extended" assault weapons ban would ban TONS of guns, including ALL semi-automatic shotguns, ALL shotguns that hold < 5 rounds, M1 Garand, Mini-14, ALL semi-autos that can have > 10 rounds with or without fixed magazine.

Gives the attorney general the ability to declare a gun "not sporting" and subsequently ban it.

That's right folks, its the big one. They want 'em all. -Still- feel playing complacent about them not taking away your guns? If this goes through, handguns are toast in <= 5 years. 30 caliber rifles next. Then, there's not much left.

Its bad.

[Reaganwuzthebest]

This bill I really doubt is going anywhere, but it's what we can look forward to if and when the demotwerps regain control of Congress. They are licking their chops at the prospect of getting garbage like this through.

[WorkingClassFilth]

I am reminded of the timeless words of Travis Bickle in the film 'Taxi Driver': "Hey Sport - suck on this"...[BANG].

[JackelopeBreeder]

I think you would have enjoyed Rauul's last visit to Cochise County. One of American Border Patrol's female members had rousing great fun taking him down a few pegs.

This lady is one of the sweetest you'd ever want to meet but she has two causes -- she is very much anti-illegal alien and even more anti-abortion. Instead of a protest sign, she showed up with a large silver cross with a life-sized baby doll crucified on it. I'm hard to shock, but that knocked my (deleted) right in the dirt. It was more shocking than a pathology photo.

Like I said, she's a wonderful lady, but she took the cucaracha thing very personally. When roused, her voice can blister the paint off a battleship. Rauuul got treated to 30 minutes of her ire. To tell the truth, a number of us wanted to slink away and preserve our hearing, but stayed out of morbid fascination.

I doubt Rauuul will ever enter this county again.

[DLfromthedesert]

I wonder if she was one of the guests on the radio show; do you know someone named Cindy Kolb?

[JackelopeBreeder]

Bingo! We have a winner!

[Dan from Michigan]

Mr. MORAN of Virginia

More proof that punks that beat up women want guns to be banned.

[Publicus]

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


Actually, your observation is very interesting. I could never understand why demonrats would pursue the honor of a career serving the American people since they clearly do not trust them and actually despise Americans pursuit of happiness. Then I realized it's only because the parasites can enrich themselves at our expense AND seek ways to control Americans- JUST LIKE a hostile occupying power would! Sad really to note Al-Qaeda is more honorable than demonrats since Bin-Laden and his crew at least have the decency to openly declare their hostile intentions. Demonrats on the other hand- along with the crooked lawyers and accountants who help them (See Enron) are far more dangerous to our great Republic since they undermine us from within!

[Publicus]

Which ones have supported infringement of our right to bear arms?

[Badray]

Ping me when you get that resume done so I can copy it and change some of the particulars. I didn't read the whole thing. I stopped at 5 violations of this BS proposal. Or it would have been if I hadn't turned everything in last year when those nice people gave me gift certificates for all my guns.

[Travis McGee]

If they are stupid enough to pass this (and it COULD pass, if a horrendous "assault rifle massacre" takes place a few weeks prior, by "coincidence") they will soon learn that their fears were misplaced.

They should worry more about the scoped deer rifles.

[Travis McGee]

Visualize President Hillary and Attorney General Schumer.

[Smokin' Joe]

Heck, just put 'NRA life member' or something like that. People who believe the VPC or any of the Brady bunch will assume the rest.

[Smokin' Joe]

Shhhhhhhhhhh!