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For all of us who remember the failed 'Assault' Weapons Ban back in the days of Clinton. Here they go again. With no new ideas they, the new Democratic Congress, has recycled an old failed idea to restrict the Second Amendment and attempt to outright repeal an amendment that the Founding Fathers didn't put as the 10th amendment, but the SECOND! It was pretty important to them for a reason. As a retired law enforcement officer, I took an oath to protect the Constitution of the United States of America. I faithfully carried out that oath, but I wonder what the elected officials think of oaths? They obviously do not take them seriously, only their feel good legislation that has failed in the past and will most certainly fail in the future.
That is why the 'Assault' Weapons Ban I was not reinstated as law, it didn't do anything to reduce crime. Wasn't that it's purpose? Maybe not. Maybe the purpose had nothing to do with crime. Thus the following, 'Assault' Weapons Ban II. "Maybe those individuals pushing this legislation are more concerned with their own agenda. Politicians need to remember that one of their primary purposes is to insure the safety and security of the people they represent. Politicians who feel they know what is best for us, even after we have stated our intent, need a wake up call. Call or write them today!"
CONTACT YOUR CONGRESSMAN AND TELL THEM TO VOTE AGAINST HR 1022: http://www.house.gov/writerep/
110th U.S. Congress (2007-2008)
H.R. 1022: To reauthorize the assault weapons ban, and for other
purposes HR
1022 IH
110th CONGRESS
1st Session
H. R. 1022
To reauthorize the assault weapons ban, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 13, 2007
Mrs. MCCARTHY of New York 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 2007'.
SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS
RELATING
TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Reinstatement of Provisions Wholly Repealed- Paragraphs (30) and
(31) of
section 921(a), subsections (v) and (w) and Appendix A of section 922,
and
the last 2 sentences of section 923(i) of title 18, United States Code,
as
in effect just before the repeal made by section 110105(2) of the
Violent
Crime Control and Law Enforcement Act of 1994, are hereby enacted into
law.
(b) Reinstatement of Provisions Partially Repealed- Section 924 of title
18,
United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraph (B) and inserting the
following:
`(B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of
section 922;'; and
(2) in subsection (c)(1)(B), by striking clause (i) and inserting the
following:
`(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic
assault weapon, the person shall be sentenced to a term of imprisonment
of
not less than 10 years; or'.
SEC. 3. DEFINITIONS.
(a) In General- Section 921(a)(30) of title 18, United States Code, as
added
by section 2(a) of this Act, 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. 4. GRANDFATHER PROVISION.
Section 922(v)(2) of title 18, United States Code, as added by section
2(a)
of this Act, is amended--
(1) by inserting `(A)' after `(2)'; and
(2) 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, as added by section
2(a)
of this Act, 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, as added by section 2(a)
of
this Act, 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, as added by section 2(a)
of
this Act, is amended--
(A) 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
(B) 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 the date of the enactment of this
subsection, 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 the date of the enactment of this
subsection.'.
(2) PENALTIES- Section 924(a) of such title, as amended by subsection
(a)(2)
of this section, is 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 added
by
section 2(a) of this Act, is 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, as added
by
section 2(a) of this Act, is amended by striking `manufactured after the
date of enactment of the Violent Crime Control and Law Enforcement Act
of
1994'.
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