June 12, 08- I knew it would happen!
www.stopguncontrol.comhttp://thomas.loc.gov/cgi-bin/query/z?c110:H.R.6257:
A BILL
To reinstate the Public Safety and Recreational Firearms Use Protection Act.
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 Reauthorization Act of 2008'.
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 the enactment of this subsection.
`(3) Paragraph (1) shall not apply to--
`(A) any of the firearms, or replicas or duplicates of the firearms, specified in appendix A to this section, as such firearms were manufactured on October 1, 1993;
`(B) any firearm that--
`(i) is manually operated by bolt, pump, lever, or slide action;
`(ii) has been rendered permanently inoperable; or
`(iii) is an antique firearm;
`(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or
`(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in appendix A shall not be construed to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from appendix A so long as this subsection is in effect.
`(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 (including the United States Armed Forces and, under regulations pursuant to title 50, United States Code, the National Guard and Reserve), 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 on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site 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.'.
(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--
`(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as--
`(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);
`(ii) Action Arms Israeli Military Industries UZI and Galil;
`(iii) Beretta Ar70 (SC-70);
`(iv) Colt AR-15;
`(v) Fabrique National FN/FAL, FN/LAR, and FNC;
`(vi) SWD M-10, M-11, M-11/9, and M-12;
`(vii) Steyr AUG;
`(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
`(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;
`(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--
`(i) a folding or telescoping stock;
`(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
`(iii) a bayonet mount;
`(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and
`(v) a grenade launcher;
`(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--
`(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;
`(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;
`(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;
`(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and
`(v) a semiautomatic version of an automatic firearm; and
`(D) a semiautomatic shotgun that has at least 2 of--
`(i) a folding or telescoping stock;
`(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;
`(iii) a fixed magazine capacity in excess of 5 rounds; and
`(iv) an ability to accept a detachable magazine.'.
(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.'.
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) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.
`(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.
`(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 (including the United States Armed Forces and, under regulations pursuant to title 50, United States Code, the National Guard and Reserve), 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 on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site 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 ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement; or
`(D) 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) If a person charged with violating paragraph (1) asserts that paragraph (1) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of title 18, United States Code, shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).'.
(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 manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 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.'.
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 the Congress a report setting forth in detail the findings and determinations made in the study under subsection (a).
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act--
(1) shall take effect on the date of the enactment of this Act; and
(2) are repealed effective as of the date that is 10 years after that date.
SEC. 6. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by adding at the end the following appendix:
`APPENDIX A
`Centerfire Rifles--Autoloaders
`Browning BAR Mark II Safari Semi-Auto Rifle
`Browning BAR Mark II Safari Magnum Rifle
`Browning High-Power Rifle
`Heckler & Koch Model 300 Rifle
`Iver Johnson M-1 Carbine
`Iver Johnson 50th Anniversary M-1 Carbine
`Marlin Model 9 Camp Carbine
`Marlin Model 45 Carbine
`Remington Nylon 66 Auto-Loading Rifle
`Remington Model 7400 Auto Rifle
`Remington Model 7400 Rifle
`Remington Model 7400 Special Purpose Auto Rifle
`Ruger Mini-14 Autoloading Rifle (w/o folding stock)
`Ruger Mini Thirty Rifle
`Centerfire Rifles--Lever & Slide
`Browning Model 81 BLR Lever-Action Rifle
`Browning Model 81 Long Action BLR
`Browning Model 1886 Lever-Action Carbine
`Browning Model 1886 High Grade Carbine
`Cimarron 1860 Henry Replica
`Cimarron 1866 Winchester Replica
`Cimarron 1873 Short Rifle
`Cimarron 1873 Sporting Rifle
`Cimarron 1873 30" Express Rifle
`Dixie Engraved 1873 Rifle
`E.M.F. 1866 Yellowboy Lever Actions
`E.M.F. 1860 Henry Rifle
`E.M.F. Model 73 Lever-Action Rifle
`Marlin Model 336CS Lever-Action Carbine
`Marlin Model 30AS Lever-Action Carbine
`Marlin Model 444SS Lever-Action Sporter
`Marlin Model 1894S Lever-Action Carbine
`Marlin Model 1894CS Carbine
`Marlin Model 1894CL Classic
`Marlin Model 1895SS Lever-Action Rifle
`Mitchell 1858 Henry Replica
`Mitchell 1866 Winchester Replica
`Mitchell 1873 Winchester Replica
`Navy Arms Military Henry Rifle
`Navy Arms Henry Trapper
`Navy Arms Iron Frame Henry
`Navy Arms Henry Carbine
`Navy Arms 1866 Yellowboy Rifle
`Navy Arms 1873 Winchester-Style Rifle
`Navy Arms 1873 Sporting Rifle
`Remington 7600 Slide Action
`Remington Model 7600 Special Purpose Slide Action
`Rossi M92 SRC Saddle-Ring Carbine
`Rossi M92 SRS Short Carbine
`Savage 99C Lever-Action Rifle
`Uberti Henry Rifle
`Uberti 1866 Sporting Rifle
`Uberti 1873 Sporting Rifle
`Winchester Model 94 Side Eject Lever-Action Rifle
`Winchester Model 94 Trapper Side Eject
`Winchester Model 94 Big Bore Side Eject
`Winchester Model 94 Ranger Side Eject Lever-Action Rifle
`Winchester Model 94 Wrangler Side Eject
`Centerfire Rifles--Bolt Action
`Alpine Bolt-Action Rifle
`A-Square Caesar Bolt-Action Rifle
`A-Square Hannibal Bolt-Action Rifle
`Anschutz 1700D Classic Rifle
`Anschutz 1700D Custom Rifle
`Anschutz 1700D Bavarian Bolt-Action Rifle
`Anschutz 1733D Mannlicher Rifle
`Barret Model 90 Bolt-Action Rifle
`Beeman/HW 60J Bolt-Action Rifle
`Blaser R84 Bolt-Action Rifle
`BRNO 537 Sporter Bolt-Action Rifle
`BRNO ZKB 527 Fox Bolt-Action Rifle
`BRNO ZKK 600, 601, and 602 Bolt-Action Rifles
`Browning A-Bolt Rifle
`Browning A-Bolt Stainless Stalker
`Browning A-Bolt Left Hand
`Browning A-Bolt Short Action
`Browning Euro-Bolt Rifle
`Browning A-Bolt Gold Medallion
`Browning A-Bolt Micro Medallion
`Century Centurion 14 Sporter
`Century Enfield Sporter #4
`Century Swedish Sporter #38
`Century Mauser 98 Sporter
`Cooper Model 38 Centerfire Sporter
`Dakota 22 Sporter Bolt-Action Rifle
`Dakota 76 Classic Bolt-Action Rifle
`Dakota 76 Short Action Rifle
`Dakota 76 Safari Bolt-Action Rifle
`Dakota 416 Rigby African
`E.A.A./Sabatti Rover 870 Bolt-Action Rifle
`Auguste Francotte Bolt-Action Rifle
`Carl Gustaf 2000 Bolt-Action Rifle
`Heym Magnum Express Series Rifle
`Howa Lightning Bolt-Action Rifle
`Howa Realtree Camo Rifle
`Interarms Mark X Viscount Bolt-Action Rifle
`Interarms Mini-Mark X Rifle
`Interarms Mark X Whitworth Bolt-Action Rifle
`Interarms Whitworth Express Rifle
`Iver Johnson Model 5100A1 Long-Range Rifle
`KDF K15 American Bolt-Action Rifle
`Krico Model 600 Bolt-Action Rifle
`Krico Model 700 Bolt-Action Rifle
`Mauser Model 66 Bolt-Action Rifle
`Mauser Model 99 Bolt-Action Rifle
`McMillan Signature Classic Sporter
`McMillan Signature Super Varminter
`McMillan Signature Alaskan
`McMillan Signature Titanium Mountain Rifle
`McMillan Classic Stainless Sporter
`McMillan Talon Safari Rifle
`McMillan Talon Sporter Rifle
`Midland 1500S Survivor Rifle
`Navy Arms TU-33/40 Carbine
`Parker-Hale Model 81 Classic Rifle
`Parker-Hale Model 81 Classic African Rifle
`Parker-Hale Model 1000 Rifle
`Parker-Hale Model 1100M African Magnum
`Parker-Hale Model 1100 Lightweight Rifle
`Parker-Hale Model 1200 Super Rifle
`Parker-Hale Model 1200 Super Clip Rifle
`Parker-Hale Model 1300C Scout Rifle
`Parker-Hale Model 2100 Midland Rifle
`Parker-Hale Model 2700 Lightweight Rifle
`Parker-Hale Model 2800 Midland Rifle
`Remington Model Seven Bolt-Action Rifle
`Remington Model Seven Youth Rifle
`Remington Model Seven Custom KS
`Remington Model Seven Custom MS Rifle
`Remington 700 ADL Bolt-Action Rifle
`Remington 700 BDL Bolt-Action Rifle
`Remington 700 BDL Varmint Special
`Remington 700 BDL European Bolt-Action Rifle
`Remington 700 Varmint Synthetic Rifle
`Remington 700 BDL SS Rifle
`Remington 700 Stainless Synthetic Rifle
`Remington 700 MTRSS Rifle
`Remington 700 BDL Left Hand
`Remington 700 Camo Synthetic Rifle
`Remington 700 Safari
`Remington 700 Mountain Rifle
`Remington 700 Custom KS Mountain Rifle
`Remington 700 Classic Rifle
`Ruger M77 Mark II Rifle
`Ruger M77 Mark II Magnum Rifle
`Ruger M77RL Ultra Light
`Ruger M77 Mark II All-Weather Stainless Rifle
`Ruger M77 RSI International Carbine
`Ruger M77 Mark II Express Rifle
`Ruger M77VT Target Rifle
`Sako Hunter Rifle
`Sako FiberClass Sporter
`Sako Safari Grade Bolt Action
`Sako Hunter Left-Hand Rifle
`Sako Classic Bolt Action
`Sako Hunter LS Rifle
`Sako Deluxe Lightweight
`Sako Super Deluxe Sporter
`Sako Mannlicher-Style Carbine
`Sako Varmint Heavy Barrel
`Sako TRG-S Bolt-Action Rifle
`Sauer 90 Bolt-Action Rifle
`Savage 110G Bolt-Action Rifle
`Savage 110CY Youth/Ladies Rifle
`Savage 110WLE One of One Thousand Limited Edition Rifle
`Savage 110GXP3 Bolt-Action Rifle
`Savage 110F Bolt-Action Rifle
`Savage 110FXP3 Bolt-Action Rifle
`Savage 110GV Varmint Rifle
`Savage 112FV Varmint Rifle
`Savage Model 112FVS Varmint Rifle
`Savage Model 112BV Heavy Barrel Varmint Rifle
`Savage 116FSS Bolt-Action Rifle
`Savage Model 116FSK Kodiak Rifle
`Savage 110FP Police Rifle
`Steyr-Mannlicher Sporter Models SL, L, M, S, and S/T
`Steyr-Mannlicher Luxus Models L, M, and S
`Steyr-Mannlicher Model M Professional Rifle
`Tikka Bolt-Action Rifle
`Tikka Premium Grade Rifle
`Tikka Varmint/Continental Rifle
`Tikka Whitetail/Battue Rifle
`Ultra Light Arms Model 20 Rifle
`Ultra Light Arms Model 28 and Model 40 Rifles
`Voere VEC 91 Lightning Bolt-Action Rifle
`Voere Model 2165 Bolt-Action Rifle
`Voere Model 2155 and 2150 Bolt-Action Rifles
`Weatherby Mark V Deluxe Bolt-Action Rifle
`Weatherby Lasermark V Rifle
`Weatherby Mark V Crown Custom Rifle
`Weatherby Mark V Sporter Rifle
`Weatherby Mark V Safari Grade Custom Rifle
`Weatherby Weathermark Rifle
`Weatherby Weathermark Alaskan Rifle
`Weatherby Classicmark No.
