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'.

[Publicus]

"It is a lot less fun to be a tyrant, even an elected one, if you have to worry about a .308 veto all the time"

Darn right! Well said.

[Publicus]

"now we just have to figure out why they fear law abiding, tax paying citizens.."

To me, the fear and distrust liberals and demonrats have of the American people is a sickness of THEIRS. Their psychological hangups are why they are obssessed with controlling American citizens and why THEY are more dangerous than Al-Qaeda because rather than enjoying the beauty that is America- i.e. her great, freedom loving people- THEY instead aggressively try- and succeed- to worm their way into our institutions of commerce and governance for the purpose of controlling Americans. Such individuals are undermining us from within and have already inflicted more harm than Al-Qaeda has or ever could.



"...what the long term plan is for the entire, disarmed population."

I don't know what "master plan" there might be, if any. BUT, what I do know is that a person who is subject to the caprice and whims of another is, by definition, a slave. And a disarmed population would become easy prey to any wackjob or group of wackjobs who managed to worm himself/herself/themselves into public office and then misuse public resources to oppress the American people.

Actually, the more immediate threat I see to our great Republic is the increasing infestation of our institutions of commerce and governance by slothful, corrupt, parasitic individuals who then increase the cost of government upon the rest of us in a way that also chips away at our freedom until, covered with millions of these ticks, our lifeblood is drained and we collapse into a coma under legislative tyranny until our freedom dies altogether shortly thereafter.



In the mean time, I expect AR-15 sales are probably going to hit an all time high!

As far as I am concerned, my beautiful, decent, loving, productive, law-abiding fellow Americans can have as many weapons as they want. Only those fixing on harming them would be concerned and to me, such individuals- since they are fixing on harming us are- by definition- enemies.

[Publicus]

"now we just have to figure out why they fear law abiding, tax paying citizens.."

To me, the fear and distrust liberals and demonrats have of the American people is a sickness of THEIRS. Their psychological hangups are why they are obssessed with controlling American citizens and why THEY are more dangerous than Al-Qaeda because rather than enjoying the beauty that is America- i.e. her great, freedom loving people- THEY instead aggressively try- and succeed- to worm their way into our institutions of commerce and governance for the purpose of controlling Americans. Such individuals are undermining us from within and have already inflicted more harm than Al-Qaeda has or ever could.



"...what the long term plan is for the entire, disarmed population."

I don't know what "master plan" there might be, if any. BUT, what I do know is that a person who is subject to the caprice and whims of another is, by definition, a slave. And a disarmed population would become easy prey to any wackjob or group of wackjobs who managed to worm himself/herself/themselves into public office and then misuse public resources to oppress the American people.

Actually, the more immediate threat I see to our great Republic is the increasing infestation of our institutions of commerce and governance by slothful, corrupt, parasitic individuals who then increase the cost of government upon the rest of us in a way that also chips away at our freedom until, covered with millions of these ticks, our lifeblood is drained and we collapse into a coma under legislative tyranny until our freedom dies altogether shortly thereafter.



In the mean time, I expect AR-15 sales are probably going to hit an all time high!

As far as I am concerned, my beautiful, decent, loving, productive, law-abiding fellow Americans can have as many weapons as they want. Only those fixing on harming them would be concerned and to me, such individuals- since they are fixing on harming us are- by definition- enemies.

[Travis McGee]

Imagine the federal judges Hillary and Schumer would appoint, for another nightmare.

[Travis McGee]

They have no idea. They just have no idea.

[Publicus]

You are absolutely right.

[Reaganwuzthebest]

Imagine the federal judges Hillary and Schumer would appoint, for another nightmare.

That's where the Republicans can turn the tables on them and fillibuster their judges. At least I hope they would.

[Travis McGee]

First they would have to grow spines and cojones.

[Reaganwuzthebest]

First they would have to grow spines and cojones.

It might help, the democrats definitely have them beat when it comes to playing the hardball game.

[dljordan]

Get real. It all depends on what they have to barter to the RINO's in congress. If they sweeten the pot enough the Republicans will roll over. They're POLITICIANS man, they're not normal people with morals and ethics. (I think I'm getting a little cynical) If they pass it we'll just cower in our homes watching the game and let them come in and take them.

[Notforprophet]

If they pass it we'll just cower in our homes watching the game and let them come in and take them.

I sure as hell won't.

But the fact remains, this bill will never see the light of day in the House. If it does... if it passes as you suggest... Well then I will start buying ammunition as well as eating my hat.

NFP

[dljordan]

Gee, they're almost all from them northeastern states or California. Wonder why that is?

[dljordan]

These people are MARXISTS. For real, no foolin'. Just look at the socialist crap they're always trying to cram down our throats. Our glorious Republicans are nowhere to be seen.

[Publicus]

Have you checked out what is being done to poor Tom Pine and his wife Beth and a widow by a bunch of sleazy corrupt officials in Ithaca, NY?

Search the threads and comments for Pine under "Ithaca".

If you have a minute, go ahead and give him a call. He's feeling VERY vulnerable against those Ithaca Baathists and would welcome a supportive word. (OfficeTel: 607/273-1011)

[Euro-American Scum]

I sincerely hope that the knowledgeable pundits around here are correct in predicting the death in Congress of this idiotic bill.

Can you imagine what would happen to this bill if Hillary were president? She'd hammer it through if every Republican member of the House were mysteriously discovered as suicide victims.

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.

They forgot who they worked for years ago.

[Euro-American Scum]

It all depends on what they have to barter to the RINO's in congress. If they sweeten the pot enough the Republicans will roll over. They're POLITICIANS man, they're not normal people with morals and ethics. (I think I'm getting a little cynical)

You're not cynical. You've figured it out. Liberals are true believers who will do anything for the cause. Here's a quote from Dianne Feinstein, from an article about this resolution in the current edition of America's First Freedom, one of the NRA publications. Sorry, but I can't find an online version of this magazine, so no direct link:

"If I could have gotten 51 votes in the Senate of the United States for an outright ban, picking up every one of them, Mr. And Mrs. America, turn them all in, I would have done it."

Clearly, DiFi would do anything for the triumph of her Marxist/Leninist ideology. Look on the Republican side, you'll find what kind of deal they can cut so they can adjourn on time and go on summer vacation.

[Fiddlstix]

[Godebert]

"Gee, they're almost all from them northeastern states or California. Wonder why that is?"

Even the lone politician from a Southern state, Jim Moran (VA) speaks with a Boston or some kind of blue-zone yankee socialist accent. His district is just outside of DC and is heavily populated with traditional democrat voters -- homosexuals, liberals, federal workers, third-world illegal immigrants, socialists, athiests, lesbians, feminists, soccer moms, abortionists, bolsheviks, communists, pedophiles, prostitutes, animal rights activists, self-proclaimed "moderates", gun-grabbers, welfare queens, transsexuals, Satanists, Volkswagon owners and guys who drink Zima.

[Euro-American Scum]

guys who drink Zima.

I can deal with everything except this. -:)