Federal Arsenal License

[Jorg Nysgerrig]

It is unsourced because the author doesnt realize that it is fake.

I'm not sure how you consider it fake when I posted a link to a bill (s.1882 Gun Violence Prevention Act of 1994) that had these provisions in it.
I had to snip out bits because it was more than twice as long as the post limit here. However, you can get the full text by clicking here and selecting "Printer Friendly View".

S 1882 IS

103d CONGRESS

2d Session

S. 1882
To amend title 18, United States Code, to promote the safe use of guns and to reduce gun violence.


IN THE SENATE OF THE UNITED STATES

March 1 (legislative day, FEBRUARY 22), 1994
Mr. METZENBAUM (for himself, Mr. KENNEDY, Mr. BRADLEY, Mr. LAUTENBERG, Mrs. BOXER, Mr. PELL, and Mr. CHAFEE) introduced the following bill; which was read twice and referred to the Committee on the Judiciary



--------------------------------------------------------------------------------


A BILL
To amend title 18, United States Code, to promote the safe use of guns and to reduce gun violence.


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 `Gun Violence Prevention Act of 1994'.

SEC. 2. FINDINGS AND DECLARATIONS.

...

TITLE I--HANDGUN LICENSING AND REGISTRATION

SEC. 101. STATE LICENSE REQUIRED TO RECEIVE TRANSFER OF A HANDGUN.

(a) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:

`(u)(1) It shall be unlawful for any person to sell, deliver, or otherwise transfer a handgun to an individual (including an individual taking possession of a handgun as employee or agent of another person) who is not licensed under section 923 unless--

`(A) the transferor (or a licensed dealer, if State law so directs or allows) has verified that the transferee possesses a valid State handgun license by--

`(i) examining the State handgun license;

`(ii) examining, in addition to the State handgun license, a valid identification document (as defined in section 1028) containing a photograph of the transferee; and

`(iii) contacting the chief law enforcement officer of the State that issued the State handgun license to confirm that the State handgun license has not been revoked;

`(B) the transferor (or licensed dealer) has provided to the chief law enforcement officer of the State in which the transfer is to take place a State handgun registration form for the handgun to be transferred; and

`(C)(i) not less than 7 days have elapsed from the date on which the transferor (or licensed dealer) contacted the chief law enforcement officer of the State pursuant to subparagraph (A)(iii); or

`(ii) the transferee has presented to the transferor (or licensed dealer) a written statement, issued by the chief law enforcement officer of the State in which the transferee resides within the previous 10 days, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the household of the transferee.

`(2) It shall be unlawful for any person to sell, deliver, or otherwise transfer handgun ammunition to an individual (including an individual taking possession of handgun ammunition as employee or agent of another person) who is not licensed under section 923 unless the transferor (or licensed dealer) has verified that the transferee possesses a valid State handgun license by--

`(A) examining the State handgun license; and

`(B) examining, in addition to the State handgun license, a valid identification document (as defined in section 1028) containing a photograph of the transferee.

`(3) It shall be unlawful for any individual (including an individual acting as employee or agent of another person) who is not licensed under section 923 to receive transfer of a handgun or handgun ammunition unless the individual possesses a valid State handgun license.

`(4)(A) As used in this subsection, the term `State handgun license' means a license issued under a State law that provides for the issuance and revocation of licenses and the reporting of losses and thefts of handguns and handgun ammunition consistent with this paragraph.

`...

SEC. 204. FEDERAL ARSENAL LICENSE.

(a) OFFENSE- Section 922 of title 18, United States Code, as amended by section 203(a), is amended by adding at the end the following new subsection:

`(x) It shall be unlawful for a person to possess more than 20 firearms or more than 1,000 rounds of ammunition unless the person--
`(1) is a licensed importer, licensed manufacturer, or licensed dealer; or

`(2) has been issued an arsenal license pursuant to section 923(m).'.

(b) ARSENAL LICENSE- Section 923 of title 18, United States Code, as amended by section 203(b), is amended by adding at the end the following new subsection:

`(m)(1) The Secretary shall issue an arsenal license if--

`(A) the applicant has--

`(i) filed a sworn application with the Secretary, stating--

`(I) the applicant's name, address, and date of birth;

`(II) that the applicant is at least 21 years of age; and

`(III) that the applicant is not prohibited from possessing or receiving a firearm under Federal, State, or local law;

`(ii) filed with the Secretary a certificate, dated within the previous 60 days, from the chief law enforcement officer of the applicant's State of residence, stating that the applicant has not exhibited such a propensity for violence, instability, or disregard of the law as may render the applicant's possession of an arsenal a danger to the community; and

`(iii) paid an arsenal license fee of $300 for a 3-year license period; and

`(B) the Secretary has determined that the information in the application is accurate, based in part upon name- and fingerprint-based research in all available Federal, State, and local recordkeeping systems.

`(2) The holder of an arsenal license shall be subject to all obligations and requirements pertaining to licensed dealers under this chapter.'.

(c) PENALTY- Section 924(a)(5) of title 18, United States Code, as amended by section 203(c), is amended by striking `or (w)' and inserting `(w), or (x)'.

(d) EFFECTIVE DATE- The amendments made by section shall become effective on the date that is 180 days after the date of enactment of this Act.

...


SEC. 301. PROHIBITION ON MULTIPLE HANDGUN TRANSFERS.

(a) IN GENERAL- Section 922 of title 18, United States Code, as amended by section 204(a), is amended by adding at the end the following new subsection:

`(y)(1) Except as provided in paragraph (2), it shall be unlawful for any person to--
`(A) receive transfer of more than 1 handgun during any 30-day period;

`(B) transfer to another person more than 1 handgun during any 30-day period; or

`(C) transfer a handgun to another person if the transferor knows or reasonably should know that such person has received transfer of another handgun during the previous 30-day period.

`(2) Paragraph (1) shall not apply to--

`(A) a transfer of a handgun to a person who is licensed under section 923;

`(B) a transfer of a handgun by inheritance;

`(C) a transfer of a handgun if another handgun is given by the transferee to the transferor in exchange; or

`(D) a transfer of a handgun that has been approved by the chief law enforcement officer of the State of residence of the transferee in accordance with regulations issued by the Secretary under subsection (b).

`(3) As used in this subsection, the term `chief law enforcement officer of the State' has the meaning stated in section 922(u)(7) of title 18, United States Code.'.

(b) REGULATIONS- Not later than 60 days after the date of enactment of this Act, the Secretary shall prescribe regulations that--

(1) provide procedures for a chief law enforcement officer to approve the transfer of more than 1 handgun during a 30-day period if--

(A) the transferee is a private security company licensed to do business in the State where the transfer takes place; or

(B) the transferee is replacing a handgun that had been received and then stolen within the 30-day period; and

(2) require a person who is licensed under section 923, before transferring a handgun, to receive a sworn statement from the transferee that the transferee has not received transfer of another handgun during the prior 30-day period.

(c) MAINTENANCE OF RECORDS- Section 923(g)(3)(B) of title 18, United States Code, is amended by striking all of the paragraph after `entity' and by inserting `other than Federal, State, or local law enforcement authorities.'.

(d) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, as amended by section 101(c), is amended by striking `or (u)' and inserting `(u), or (y)'.

(e) EFFECTIVE DATE- Subsections (a) and (d) shall become effective on the date that is 30 days after the effective date of the regulations prescribed under subsection (b).

...

SEC. 303. LICENSE APPLICATION FEES.

Section 923(a) of title 18, United States Code, is amended--

(1) in paragraph (1)(A) by striking `$1,000' and inserting `$10,000';

(2) in paragraph (1)(B) by striking `$50' and inserting `$1,000';

(3) in paragraph (1)(C) by striking `$10' and inserting `$1,000';

(4) in paragraph (2)(A) by striking `$1,000' and inserting `$10,000';

(5) in paragraph (2)(B) by striking `$50' and inserting `$1,000';

(6) in paragraph (3)(A) by striking `$1,000' and inserting `$10,000'; and

(7) in paragraph (3)(B) by striking `$200 for 3 years, except that the fee for renewal of a valid license shall be $90 for 3 years' and inserting `$1,000 per year'.

...

SEC. 305. INSPECTION OF FIREARMS LICENSEES' INVENTORY AND RECORDS.

Section 923(g)(1)(B)(ii) of title 18, United States Code, is amended by striking `once during any twelve-month period' and inserting `3 times during any 12-month period, or at any time with respect to records relating to a firearm involved in a criminal investigation'.

...



SEC. 312. DEFINITION OF FIREARM EXPANDED TO INCLUDE COMPONENT PARTS.

Section 921(a)(3)(B) of title 18, United States Code, is amended by striking `or receiver' and inserting `, receiver, barrel, stock, ammunition magazine, or any part of the action'.

...

TITLE IV--PROHIBITED WEAPONS

SEC. 401. PROHIBITED WEAPONS.

(a) PROHIBITION- Section 922 of title 18, United States Code, as amended by section 301(a), is amended by adding at the end the following new subsection:

`(z)(1) Except as provided in paragraph (2), it shall be unlawful for any person to manufacture, transfer, or possess a prohibited weapon.

`(2) Paragraph (1) does not apply with respect to--

`(A) the manufacture by or for, transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof;

`(B) any lawful transfer or lawful possession of a prohibited weapon that was lawfully possessed before the date this subsection takes effect; or

`(C) the manufacture, transfer, or possession of any prohibited weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.'.

(b) DEFINITIONS- Section 921 of title 18, United States Code, as amended by section 101(b), is amended--

(1) in subsection (a)--

(A) in paragraph (28) by striking `semiautomatic rifle' means any repeating rifle' and inserting `semiautomatic firearm' means any repeating firearm'; and

(B) by adding at the end the following new paragraphs:

`(31) The term `prohibited weapon' means--

`(A) a firearm muffler or firearm silencer;

`(B) a short-barreled shotgun;

`(C) a short-barreled rifle;

`(D) a destructive device;

`(E) a semiautomatic assault weapon;

`(F) a Saturday-night-special handgun;

`(G) a nonsporting ammunition; and

`(H) a large-capacity ammunition feeding device.

`(32)(A) The term `semiautomatic assault weapon' means--

`(i) any of the firearms, or types, replicas, or duplicates in any caliber of the firearms known as--

`(I) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

`(II) Israeli Military Industries Uzi and Galil;

`(III) Beretta AR-70;

`(IV) Colt AR-15 and Sporter;

`(V) Fabrique Nationale 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 (but not limited to) the Street Sweeper and Striker 12;

`(ii) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of the following:

`(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 barrel having a threaded muzzle; and

`(V) a grenade launcher;

`(iii) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of the following:

`(I) an ammunition magazine that attaches to the pistol outside of the pistol grip;

`(II) a barrel having a threaded muzzle;

`(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

`(iv) a semiautomatic shotgun that has at least 2 of the following:

`(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.

`(B) The term `semiautomatic assault weapon' shall not apply to--

`(i) any of the firearms specified in Appendix A to this section as such firearms were manufactured on or prior to January 1, 1994; and

`(ii) 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.

`(33) The term `Saturday-night-special handgun' means--

`(A) any handgun that has a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit;

`(B) any pistol which does not have a positive manually operated safety device, a double action revolver which does not have a safety feature which automatically causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge, or any single action revolver which does not have a safety feature which by manual operation causes the hammer to retract to a point where the firing pin does not rest upon the primer of the cartridge;

`(C) any revolver with a safety device which cannot withstand the impact of a weight equal to the weight of the revolver dropping from a distance of 36 inches in a line parallel to the barrel upon the rear of the hammer spur, a total of 5 times;

`(D) any pistol that has a combined length and height less than 10 inches with the height (right angle measurement to barrel without magazine or extension) being at least 4 inches and the length being at least 6 inches, or any revolver that has a barrel length of less than 3 inches or has an overall frame (with conventional grips) length (not diagonal) of less than 4 1/2 inches; or

`(E) any handgun that--

`(i) uses ammunition of the following calibers--

`(I) .22 short;

`(II) .25;

`(III) .32; and

`(ii) has an overall weight, while unloaded, of less than 18 ounces.
`(34) The term `nonsporting ammunition' means--

`(A) any of the ammunition, or types, replicas, or duplicates of the ammunition known as--

`(i) Dragon's Breath; or

`(ii) .50 caliber BMG;

`(B) any ammunition that contains an incendiary or explosive charge;

`(C) any handgun ammunition measuring more than .45 inches in diameter; or

`(D) any handgun ammunition that produces a force at the muzzle in excess of 1,200 foot pounds.

`(35) The term `large-capacity ammunition feeding device'--

`(A) means a magazine, belt, drum, feed strip, or similar device which has a capacity of, or which can be readily restored or converted to accept, more than 6 rounds of ammunition, or any combination of parts from which such device can be assembled; but

`(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'; and

(2) by adding at the end the following appendix:

...


(c) REGISTRATION OF FUTURE TRANSFERS OF PROHIBITED WEAPONS- Section 5845(a) of the Internal Revenue Code of 1986 is amended in the first sentence--

(1) by striking `and' at the end of paragraph (7); and

(2) by striking the period at the end of paragraph (8) and inserting `; and (9) a prohibited weapon (as defined in section 921 of title 18, United States Code).'.

(d) IDENTIFICATION MARKING- Section 923(i) of title 18, United States Code, is amended by adding at the end the following new sentence: `The serial number of any prohibited weapon manufactured after the date of enactment of this section shall clearly show the date on which the weapon was manufactured.'.

...

SEC. 402. FIREARMS AND CHILD SAFETY.

(a) UNLAWFUL ACT- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:

`(aa)(1) It shall be unlawful for a person to manufacture or import a firearm that does not have as an integral part a device or devices that--

`(A) prevent a child of less than 7 years of age from discharging the firearm by reason of the amount of strength, dexterity, cognitive skill, or other ability required to cause a discharge;

`(B) prevent a firearm that has a removable magazine from discharging when the magazine has been removed; and

`(C) in the case of a handgun other than a revolver, clearly indicate whether the magazine or chamber contains a round of ammunition.

`(2) Paragraph (1) does not apply with respect to the manufacture or importation by or for the United States or a department or agency thereof or a State or a department, agency, or political subdivision thereof.'.

(b) PENALTY- Section 924(a)(5) of title 18, United States Code, as amended by section 204(c), is amended by striking `or (x)' and inserting `(x), or (aa)'.

(c) EFFECTIVE DATE- The amendments made by this section shall become effective on the date that is 1 year after the date of enactment of this Act.

END

If you noticed right at the end, they also tried to get magazine disconnect safeties and loaded chamber indicators in there.


While it may be old news, it is important to realize this was introduced as real legislation at one point and isn't just a scare tactic.

That said, I have no idea why it is popping up again now. I don't think they've tried anything this restrictive since this bill died in committee.