ASSAULT WHISKEY BAN
Perp is loaded and dangerous,
responsible for more killings
than 99.999% of gun owners.
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
--------------------------------------------------------------------------------
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'.
True words indeed.
And more than a few Americans will take great joy in tossing a monkeywrench (in any number of various ways) into the plans of those who oppose the Constitution.
I disagree that we can't make it better by tearing it down.
In fact, short of a revolution, I see no other way.
All of these ideas and debates are going to be moot in the next presidential election if our economy doesn't turn around.
The real unemployment rate right now is double digits, and a lot of people are hurting. I see nothing that is going to change between now and next year.
If there is one issue which will make the whole country a one issue vote, it is food on the table and a roof over their heads.
Ronald Reagan pulled us out in the mid-80s, but he didn't do it with a tax cut. GW's tax cut won't do it, either.
That's not going to happen. Where would these people come from? You only have maybe 5 or 6 million members of the gun groups combined. In other words, 95% of the gun owners don't care enough to send 25 dollars in let alone get into a shooting war. There aren't that many who care to vote their Rights.
You can't get more than 35 people to attend a gun-rights Rally in the Dallas-Fort Worth area.
To Ian Kelby, the obviously contrived stadium massacre, and the resulting semi-automatic rifle ban, seemed like the final bricks in a wall of tyranny being quietly built up higher and higher by the federal government over the course of many years. Kelby had seen the wall rising brick by brick and layer by layer, but instead of merely staring up at it in pessimistic acceptance, he had been quietly making his own plans, and pondering when the wall would, for him, go up one brick too far and then no farther.
Like Joel Friedman, Ian Kelby also had a protest plan. But Kelby’s plan was nothing as elegant or creative as dropping leaflets in front of the network television cameras, while they were recording the celebration of the death of the second amendment. Ian Kelby’s plan was more direct, and simply involved a century-old Russian rifle made for the Czar’s army, and a United States Senator who had shared the stage with the gun-grabbers on the Mall. He considered and he reconsidered, and then he irrevocably made up his mind: the time had come. The rest of this chapter of Enemies Foreign And Domestic, where a gun grabber gets a dose of reality.
I personally abhor the idea of a revolution, and I agree that there is no way it can happen.
We have a political system in which we have to work.
We just have to find a way to make it work as it was intended.
We need a few good men who have the balls to stand for their convictions.
I agree, Travis.
Most of those millions, though, look across the table at the wife and kids and decide that the sacrifice is just too great.
They wait for another day or week or year hoping that things will get better......and knowing they won't.
It's a cop-out, but most people will take solace from that cop-out.
Who did you think it was that did in the Brother's Hussein? Who is that is still over in that stinking hellhole, which it resembles in more ways than just the temperature? Dave Nelson? The Beav? Not Hardly. It's sure not the generation of the Beatles, Hair and Woodstock.
Without a catalytic event to shock people into drawing a line in the sand, I fear freedom will slowly die out in this country in one or two more generations. There just won't be enough MTV kids that remember it, or care.
Many of the troops over there are learning how to go door to door searching for weapons, just for one example.
Lessons they may bring home, for when they join the local SWAT team.
On that note, I thought I'd check in......
ASSAULT WHISKEY BAN
Perp is loaded and dangerous,
responsible for more killings
than 99.999% of gun owners.
With just the slow drip-drip-drip of steadily continuing history, we arrive at "Sundown at Coffin Rock" in 30 or so years.
And a cataclysmic event leads by various routes to a vast Balkan or Argentine style "dirty war."
Either way, it's ugly.
But if it will take a fight to save freedom, I hope it happens before the last of us who remember freedom pass off the stage.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.