HR 1022 IHCommentsClose CommentsPermalink

To reauthorize the assault weapons ban, and for other purposes.CommentsClose CommentsPermalink

February 13, 2007

Mrs. MCCARTHY of New York introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To reauthorize the assault weapons ban, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Assault Weapons Ban and Law Enforcement Protection Act of 2007'.CommentsClose CommentsPermalink

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 REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Reinstatement of Provisions Wholly Repealed- Paragraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18,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.CommentsClose CommentsPermalink





(b) Reinstatement of Provisions Partially Repealed- Section 924 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1), by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





`(B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922;'; andCommentsClose CommentsPermalink





(2) in subsection (c)(1)(B), by striking clause (i) and inserting the following:CommentsClose CommentsPermalink





`(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'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





`(30) The term `semiautomatic assault weapon' means any of the following:CommentsClose CommentsPermalink





`(A) The following rifles or copies or duplicates thereof:CommentsClose CommentsPermalink





`(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR;CommentsClose CommentsPermalink





`(ii) AR-10;CommentsClose CommentsPermalink





`(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;CommentsClose CommentsPermalink





`(iv) AR70;CommentsClose CommentsPermalink





`(v) Calico Liberty;CommentsClose CommentsPermalink





`(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;CommentsClose CommentsPermalink





`(vii) Fabrique National FN/FAL, FN/LAR, or FNC;CommentsClose CommentsPermalink





`(viii) Hi-Point Carbine;CommentsClose CommentsPermalink





`(ix) HK-91, HK-93, HK-94, or HK-PSG-1;CommentsClose CommentsPermalink





`(x) Kel-Tec Sub Rifle;CommentsClose CommentsPermalink





`(xi) M1 Carbine;CommentsClose CommentsPermalink





`(xii) Saiga;CommentsClose CommentsPermalink





`(xiii) SAR-8, SAR-4800;CommentsClose CommentsPermalink





`(xiv) SKS with detachable magazine;CommentsClose CommentsPermalink





`(xv) SLG 95;CommentsClose CommentsPermalink





`(xvi) SLR 95 or 96;CommentsClose CommentsPermalink





`(xvii) Steyr AUG;CommentsClose CommentsPermalink





`(xviii) Sturm, Ruger Mini-14;CommentsClose CommentsPermalink





`(xix) Tavor;CommentsClose CommentsPermalink





`(xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando; orCommentsClose CommentsPermalink





`(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz).CommentsClose CommentsPermalink





`(B) The following pistols or copies or duplicates thereof:CommentsClose CommentsPermalink





`(i) Calico M-110;CommentsClose CommentsPermalink





`(ii) MAC-10, MAC-11, or MPA3;CommentsClose CommentsPermalink





`(iii) Olympic Arms OA;CommentsClose CommentsPermalink





`(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; orCommentsClose CommentsPermalink





`(v) Uzi.CommentsClose CommentsPermalink





`(C) The following shotguns or copies or duplicates thereof:CommentsClose CommentsPermalink





`(i) Armscor 30 BG;CommentsClose CommentsPermalink





`(ii) SPAS 12 or LAW 12;CommentsClose CommentsPermalink





`(iii) Striker 12; orCommentsClose CommentsPermalink





`(iv) Streetsweeper.CommentsClose CommentsPermalink





`(D) A semiautomatic rifle that has an ability to accept a detachable magazine, and that has--CommentsClose CommentsPermalink





`(i) a folding or telescoping stock;CommentsClose CommentsPermalink





`(ii) a threaded barrel;CommentsClose CommentsPermalink





`(iii) a pistol grip;CommentsClose CommentsPermalink





`(iv) a forward grip; orCommentsClose CommentsPermalink





`(v) a barrel shroud.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(ii) Clause (i) shall not apply to an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.CommentsClose CommentsPermalink





`(F) A semiautomatic pistol that has the ability to accept a detachable magazine, and has--CommentsClose CommentsPermalink





`(i) a second pistol grip;CommentsClose CommentsPermalink





`(ii) a threaded barrel;CommentsClose CommentsPermalink





`(iii) a barrel shroud; orCommentsClose CommentsPermalink





`(iv) the capacity to accept a detachable magazine at a location outside of the pistol grip.CommentsClose CommentsPermalink





`(G) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.CommentsClose CommentsPermalink





`(H) A semiautomatic shotgun that has--CommentsClose CommentsPermalink





`(i) a folding or telescoping stock;CommentsClose CommentsPermalink





`(ii) a pistol grip;CommentsClose CommentsPermalink





`(iii) the ability to accept a detachable magazine; orCommentsClose CommentsPermalink





`(iv) a fixed magazine capacity of more than 5 rounds.CommentsClose CommentsPermalink





`(I) A shotgun with a revolving cylinder.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(K) A conversion kit.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(b) Related Definitions- Section 921(a) of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(38) Detachable Magazine- The term `detachable magazine' means an ammunition feeding device that can readily be inserted into a firearm.CommentsClose CommentsPermalink





`(39) Fixed Magazine- The term `fixed magazine' means an ammunition feeding device contained in, or permanently attached to, a firearm.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(41) Forward Grip- The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip.CommentsClose CommentsPermalink





`(42) Pistol Grip- The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip.CommentsClose CommentsPermalink





`(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)).'.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by inserting `(A)' after `(2)'; andCommentsClose CommentsPermalink





(2) by adding after and below the end the following:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





`(3) Paragraph (1) shall not apply to any firearm that--CommentsClose CommentsPermalink





`(A) is manually operated by bolt, pump, level, or slide action;CommentsClose CommentsPermalink





`(B) has been rendered permanently inoperable; orCommentsClose CommentsPermalink





`(C) is an antique firearm.'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





`(5) It shall be unlawful for any person to transfer a semiautomatic assault weapon to which paragraph (1) does not apply, except through--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

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-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following:CommentsClose CommentsPermalink





`(z) It shall be unlawful for any person to transfer any assault weapon with a large capacity ammunition feeding device.'.CommentsClose CommentsPermalink





(2) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





`(8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 10 years, or both.'.CommentsClose CommentsPermalink





(b) Certification Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 922(w) of such title, as added by section 2(a) of this Act, is amended--CommentsClose CommentsPermalink





(A) in paragraph (3)--CommentsClose CommentsPermalink





(i) by adding `or' at the end of subparagraph (B); andCommentsClose CommentsPermalink





(ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); andCommentsClose CommentsPermalink





(B) by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(9) Whoever knowingly violates section 922(w)(4) shall be fined under this title, imprisoned not more than 5 years, or both.'.CommentsClose CommentsPermalink

SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.

Section 922(x) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)--CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(C) a semiautomatic assault weapon; orCommentsClose CommentsPermalink





`(D) a large capacity ammunition feeding device.'; andCommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(C) a semiautomatic assault weapon; orCommentsClose CommentsPermalink





`(D) a large capacity ammunition feeding device.'.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking `(1) Except as provided in paragraph (2)' and inserting `(1)(A) Except as provided in subparagraph (B)';CommentsClose CommentsPermalink





(2) in paragraph (2), by striking `(2) Paragraph (1)' and inserting `(B) Subparagraph (A)'; andCommentsClose CommentsPermalink





(3) by inserting before paragraph (3) the following:CommentsClose CommentsPermalink





`(2) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.'.CommentsClose CommentsPermalink





(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'.CommentsClose CommentsPermalink