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'.
Don't waste your time looking for one of those. It will never exist.
The excerpt from the article by Claire Wolfe that really caught my attention is:
"And I can’t by any means declare that it will never be me, or thee, or my next door neighbor who discovers one day that it is time to shoot, even if the entire rest of the world disagrees."
You and I grew up during a different time. Most people then were much more self sufficient and less dependent upon the government for their subsistance. Today,entire populations of some congressional districts think they need the assistance of the government to survive. I know better.
If the members of congress want to pass a ban on arms, let them do it! Then, if the people of this country really want to live as slaves. So be it. However, "an increasing number of Alexanders and Dregas, standing on their own individual Concord Greens, will decide: No more."
Semper Fi
That phrase was coined by Marine Corps Brigadier General Carlson of "Carlson's Raiders" fame when he was a young lieutenant stationed in Shanghai.
It's Chinese, and it means, "WORK TOGETHER!"
That simple adage epitomizes the basic philosophy of the Marine Corps today and in all the years back to 1775.
It's the reason we as recruits had our heads shaved so that we looked just like everyone else. We lost our individuality in order to learn to work as a team.
It works very well in the Corps, and it will work in all of our social and political endeavors as civilians.
No one person can stem this tide of creeping socialism, which is the big picture of what is happening to America today.
The gun grabbers are just another face of the same evil we see on every front today.
It's a concerted effort to force us to our knees and subject us to the whims of an all powerful bureaucracy dictating that we WILL register all of our guns so that they can be confiscated later; we WILL wear some means of identifying and tracking the moves of every individual in America; we WILL be limited to a choice of complete socialism today or complete socialism in our children's lifetime; we WILL become a part of the global community for the betterment of world at the sacrifice of this great country for whom we took an oath to defend to the death.
It's time the real Conservatives of this country stood together in that "GUNG HO" spirit and said, "ENOUGH!",
and be willing to back it up with our weapons while we still have them.
I guess that's the point in which we differ, G.
I think we do have a choice.
During the last election I worked my butt off trying to get Republicans elected to office.
I talked to hundreds of people over the course of three months. Aside from the polling place where I worked as a poll watcher, nearly all of the people I talked with were Republicans.
At least half of the people I talked with said they weren't going to make any effort to vote at all because it would make no difference. In spite of my efforts to convince them otherwise, they were right - it made no difference.
This was not the worn out phrase of "apathy" used by the media to explain poor voter turn-out.
This was a deep, burning resentment toward our federal government from grass roots middle class working people who had never heard of FreeRepublic.
Those people are still out there, and their numbers have multiplied.
I have joined their ranks because I can no longer pacify myself that I have no choice but to vote for the lesser of two evils.
There will be another political party come into being which will address the needs and hopes of middle class America, the backbone of our society. It's inevitable.
I'll wait.
Since most any firearm can be shown to have some military utility, that wouldn't be much of a restriction, if the lower courts would abide by it. However their refuseal do so so started soon after the Miller ruling, In 1942 (Miller was decided in 1939) the 1st circuit in "Cases v. U.S., 131 F.2d 916 (1st Cir. 1942)]" understood that the SCOTUS had ruled as you indicate
"Apparently, then, under the Second Amendment, the federal government can limit the keeping and bearing of arms by a single individual as well as by a group of individuals, but it cannot prohibit the possession or use of any weapon which has any reasonable relationship to the preservation or efficiency of a well regulated militia. However, we do not feet that the Supreme Court in this case was attempting to formulate a general rule applicable to all cases. The rule which it laid down was adequate to dispose of the case before it and that we think was as far as the Supreme Court intended to go. At any rate the rule of the Miller case, if intended to be comprehensive and complete would seem to be already outdated, in spite of the fact that it was formulated only three and a half years ago, because of the well known fact that in the so called "Commando Units" some sort of military use seems to have been found for almost any modern lethal weapon. In view of this, if the rule of the Miller case is general and complete, the result would follow that, under present day conditions, the federal government would be empowered only to regulate the possession or use of weapons such as a flintlock musket or a matchlock harquebus. But to hold that the Second Amendment limits the federal government to regulations concerning only weapons which can be classed as antiques or curiosities, -almost any other might bear some reasonable relationship to the preservation or efficiency of a well regulated militia unit of the present day,-is in effect to hold that the limitation of the Second Amendment is absolute. Another objection to the rule of the Miller case as a full and general statement is that according to it Congress would be prevented by the Second Amendment from regulating the possession or use by private persons not present or prospective members of any military unit, of distinctly military arms, such as machine guns, trench mortars, anti-tank or anti-aircraft guns, even though under the circumstances surrounding such possession or use it would be inconceivable that a private person could have any legitimate reason for having such a weapon. It seems to us unlikely that the framers of the Amendment intended any such result. Considering the many variable factors bearing upon the question it seems to us impossible to formulate any general test by which to determine the limits imposed by the Second Amendment but that each case under it, like cases under the due process clause, must be decided on its own facts and the line between what is and what is not a valid federal restriction pricked out by decided cases falling on one side or the other of the line."
Now the Circuit Court in "Cases" was saying that they didn't agree with the Supreme Court, or at least that what the court ruled made no sense (because it restricted the government. DUH!), but they clearly understood the meaning of the ruling.
An open letter from a 'Green Beret'
The Resister: The Political Warfare Journal of the Special Forces Underground
Spring 1998 'Defector in Place--USSOCOM'
This letter is addressed to old family Reds, central bankers, military traitors (past and present), academia, media pundits, "civil rights" activists, and "Greens." Your worst fears are justified; Special Forces Underground is real. It's not just a subtitle on the Resister's masthead. Worse for you, is that it's not just in Special Forces. It exists in all branches of the military, in federal agencies, among civilians, and in several foreign countries.
I am an old Special Forces active duty soldier. I've worked with people in all branches of the military, alphabet soup federal agencies, police departments, and civilians. While most people I've worked with are passive supporters of resistance to your "global community," there are some who are willing to actively defend what they believe in.
I will continue to perform my appointed military duties in a professional manner. I will publicly agree with your collectivist policies and parrot your slogans. I pay my taxes, don't belong to any "militia," and won't join any "extremist" group. For all outside appearances I am one of your "global community" peasants.
Having traveled extensively I have seen firsthand the results of failed collectivist governments who have looted their countries into squalor. Most politically attuned people I know have seen it also and know that the only way you can achieve your global community is by doing the same to America. Some think resistance is futile. Maybe it is.
But we are willing to fight you, and make you pay DEARLY for your arrogance. We are moral, principled, and believe in the ORIGINAL Constitution and the philosophies that define it. You see, your mistake was that you thought we'd just mumble our oath and then contradict it when ordered to. but YOU,--you promoters of the "brotherhood of mankind"--are the enemies domestic we are sworn to defend the Constitution against. We didn't choose you as the enemy. By your collectivist ideologies and actions, you self selected.
We pray to the God you SCORN that the day never arrives when we are finally compelled to turn against you, what you expected us to do to enemies foreign. If that day does arise, lament. For I, and others like me, have been trained in the blackest of arts, and the darkest of crafts.
Your minions are useless cattle. They cannot protect you. You cannot hide. WE KNOW WHO YOU ARE, but you'll NEVER know whether der guten soldat you hired is one of us---or not.
So, to all you altruist-collectivist global citizens:
"YOU WILL FIND NO JOY IN YOUR NEW WORLD ORDER."
If you want to read more about the horrid Assault Weapons Ban go to:
http://www.awbansunset.com/
I am going to call my representative in the Senate about this. These gun haters will never give up until all our privately owned guns are confiscated.
Been there done that, 1971 AFROTC field training, Vandenberg AFB. First in academics... Got the certificate ... somewhere or the other. That and $1.50 will get you a Route 44 soda at Sonic. :)
Hell, G., I'm just like you! I want the same things you do! I think the right to keep and bear arms is the most important right we have, not only as Americans, but as human beings.
When I made the announcement on one of the "I Love George Bush" threads a month or so ago that I had quit the Republican Party, one joker suggested that I wasn't much of a Marine if I'd quit the fight.
My answer was, and still is, that I haven't quit. I'm just attacking in another direction.
I'm pissed at the Republican worms who promise one thing and deliver another, and that includes George Bush.
I'm trying to generate some anger, and I'm succeeding.
If enough pissed off Republicans stay away from the polls, we'll have a Democratic president in 2004, and I won't be a damn bit sorry.
It's time for the Republican leaders to reap what they sow.
As Solomon said a long time ago: "There's a time to build, and a time to tear down that which was built."
It's time to tear the Republican Party to shreds and rebuild it or replace it with one that will abide by the Constitutional mandates.
The sooner the better.
I saw your post, Shooter, then realized you posted to basil, and I thought... 'oh no, the poor guy!!'
I'd say she does a lot!
That thread was like an "all-star" list of some of the long-time posters here.
I agree.
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