H.R. 1312-Assault weapon ban- McCarthy

Status
Not open for further replies.

71Commander

Member
Joined
Sep 21, 2003
Messages
2,335
Location
Headin back to Johnson City
A new assault weapons ban was introduced in the House yesterday (3-15-05) by McCarthy-D-NY.

No co-sponsors.

The text of H.R.1312 has not yet been received from GPO
Bills are generally sent to the Library of Congress from the Government Printing Office a day or two after they are introduced on the floor of the House or Senate. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed


Assault Weapons Ban and Law Enforcement Protection Act of 2005 (Introduced in House)

HR 1312 IH


109th CONGRESS

1st Session

H. R. 1312
To reauthorize the assault weapons ban, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

March 15, 2005
Mrs. MCCARTHY introduced the following bill; which was 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 2005'.

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 REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Reinstatement of Provisions Wholly Repealed- Paragraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18,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(b) Reinstatement of Provisions Partially Repealed- Section 924 of title 18, United States Code, is amended--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'.
 
Last edited:
TennTucker, didn't you learn from the National CCW Reciprocity thread that we can't handle bills without text? Get ready for the next flame war of where we spend 20 threads arguing about what the bill really means and the fact there is text but isn't. :D

Thankfully this one is pretty straight forward. Any THR member who has an inkling this is a good bill shouldn't be a THR member anymore.
 
Nope. Guess not. It (the text) could pop up at any time. The reason I posted it was in case anyone wanted to contact any representives and let their feelings known. Just reference the HR number.
 
McCarthy Re-introduces Assault Weapons Ban
Wednesday March 16, 2005

McCarthy Re-introduces Assault Weapons Ban

(WASHINGTON) Rep. Carolyn McCarthy (NY-4) introduced HR 1312, a bill reauthorizing the federal ban on assault weapons, which expired on September 13, 2004.

“Following the General Accounting Office’s Report indicating that suspected terrorists are purchasing firearms, the federal ban on assault weapons is needed now more than ever,†said McCarthy. “It makes no sense that the very people we are fighting in the War on Terror are allowed to arm themselves with military style assault weapons right here within our borders.â€

Last September, Congressional Leadership refused to bring the ban’s reauthorization up for a floor vote despite the overwhelming support of the American people, the endorsement of President George W. Bush, and the backing of nearly every law enforcement agency in the United States.

Polls indicated two-thirds of Americans and 57% of gun owners approved of reauthorizing the ban.

“As always, the American people are on the side of common sense,†said McCarthy. “There is no lawful reason for an individual to own an AK-47, Tec-9, or other personal weapon of mass destruction.â€

Rep. McCarthy had led a quiet life as a nurse, mother and housewife until she was thrust into the spotlight on December 7,1993. On that day, her husband was killed and her son injured when a crazed gunman randomly shot into a rush hour commuter train returning from New York City to Long Island. Rather than allow this tragedy to defeat her, McCarthy turned the incident into a public campaign against gun violence. Since taking office in 1997, McCarthy has worked on a bipartisan basis to eliminate gun violence and make our neighborhoods safer.

The assault weapons ban was endorsed last year by the International Brotherhood of Police Officers, National Association of Police Organizations, American Nurses Association, American Psychiatric Association, American Public Health Association, Academy of Medical/Surgical Nurses, American Academy of Pediatrics, Urban League, National Education Association, United Federation of Teachers, Child Welfare League of America, Children’s Defense Fund, NAACP, Anti-Defamation League, and the National Coalition Against Domestic Violence, among many other organizations.
__________________
 
The assault weapons ban was endorsed last year by the International Brotherhood of Police Officers, National Association of Police Organizations, American Nurses Association, American Psychiatric Association, American Public Health Association, Academy of Medical/Surgical Nurses, American Academy of Pediatrics, Urban League, National Education Association, United Federation of Teachers, Child Welfare League of America, Children’s Defense Fund, NAACP, Anti-Defamation League, and the National Coalition Against Domestic Violence, among many other organizations.

Reason enough for me to oppose it

WildespeciallytheNEAandthosenumbutsattheADLAlaska
 
Suspected Terrorists?

So they are indeed "terrorists" that are suspect?

Suspected of what? Purchasing a firearm?

If they are terrorists, arrest them, book'em and give them a fair trial before we hang them.

I think enforcement of current laws and diligent sentencing ought to be given a shot first.

If terrorists, suspected of whatever or not are arming themselves, the feds ought to be giving out firearm purchasing warrants or "Gun Stamps" issued by the DOJ so citizens can prepare to defend the Homeland.

And which bureaucrats decide who is suspect? How does one get on the suspect list? Is this akin to a thought? If they, the feds, state, or locals think I may be having a non politically correct thought am I a suspect if he/she or it decides?

My head hurts

Vick
 
I wonder if this was the radical stronger ban she championed last year or a rehash of the Feinstein/Schumer 1994 ban?
 
“As always, the American people are on the side of common sense,†said McCarthy. “There is no lawful reason for an individual to own an AK-47, Tec-9, or other personal weapon of mass destruction.â€

I guess I'm an unlawful person then, and I also have no common sense.
 
I never realized I could own a "personal weapon of mass destruction." Sounds kind of neat actually.
Maybe I'll get me one and take over France or something.

I guess the moral here is, some people never learn.
 
`(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.'.

Wow!!!........ The 2nd amendment is for hunting only after all. :banghead:
 
I guess that means you can say goodbye to M1 Garands and the CMP, as well as Springfield M1A style rifles in addition to a whole slew of other guns.
 
Note that there is no longer an evil parts count. You have one and the gun is banned. This means my previously legal AK would now be illegal because it has a pistol grip. My saiga shotgun would be illegal because it has a detachable magazine. Etc etc.

It also bans import of mags.

So its basically worse than the 94 ban, but even less likely to pass.
 
with all the bad press on the SKS they would try to ban it completly not just with a detachable mag. when am I gonna learn to avoid the L&P forum during lunch reading things like this makes me want to loose my lunch. I think this bill is a poison pill that they are saving for a bill that they want killed.
 
Status
Not open for further replies.
Back
Top