NEW AW BAN, They're Trying Again...

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SteyrAUG

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Assault Weapons Ban and Law Enforcement Protection Act of 2003 (Introduced in Senate)

S 1431 IS

108th CONGRESS

1st Session

S. 1431 To reauthorize the assault weapons ban, and for other purposes.

IN THE SENATE OF THE UNITED STATES

July 17, 2003 Mr. LAUTENBERG (for himself and Mr. CORZINE) introduced the following bill; which was read twice and 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 2003'.

SEC. 2. DEFINITIONS.

(a) IN GENERAL- Section 921(a)(30) of title 18, United States Code, 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. 3. ELIMINATION OF SUNSET.

Section 110105 of the Public Safety and Recreational Firearms Protection Act is amended--

(1) by striking `--' and all that follows through `(1)'; and

(2) by striking `; and' and all that follows through `that date'.

SEC. 4. GRANDFATHER PROVISIONS.

Section 922(v)(2) of title 18, United States Code, is amended--

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

(2) by striking `on the date of the enactment of this subsection' and inserting `as of September 13, 1994'; and

(3) 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, is amended by striking `(3)' and all that follows through the end of the first 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, 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 at the end 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 title 18, United States Code, 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 title 18, United States Code, is amended--

(A) in paragraph (2), by striking `on or before the date of enactment of this subsection' and inserting `in the United States on or before September 13, 1994';

(B) 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

(C) 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 September 13, 1994, 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 September 13, 1994.'.

(2) PENALTIES- Section 924(a) of title 18, United States Code, as amended by subsection (a)(2), is further 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 amended by section 7(b)(1), is further 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 title 18, United States Code, is amended by striking `manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994'.
 
That's perfect! Let them quit trying to get the existing ban re-authorized and try to pass an even more restrictive one.

This one stands as much of a chance of passing as the bill to repeal the Second Admendment that some bozo brings up ever year. Can you say DOA?
 
no balls government, BAN ALL GUNS

everyone needs to call there congressman and urge him to grow some balls and go ahead and ban all guns. Be sure to use language such as "there aint a MF'er that has the balls to ban all guns in Washington"
 
This is so outrageous there is no chance this version will go through.

That being said... we have got work to do people!

Write, Call, and Pay A Visit!
 
And so the BS keeps on rollin...guess I'll write some letters, make some calls. It never does any good for me, though. My rep is Baird and my senators are cantwell and Murray. They tend to throw my opinion out along with my vote.:banghead:
 
"George Hill
Moderator

Registered: Dec 2002
Location: Utah, out in the middle of nowhere.
Posts: 1464
This is so outrageous there is no chance this version will go through."

I remember them saying that in 94. It alsmost didn't pass then. Just one vote, IIRC by Bob Dole.
 
If this passes, people will legally be able to hold onto their pre bans, and pre-prebans or will they have to turn them in?
 
It all depends upon how compassionate Dubya feels at the time. It also depends on how much of a stink Democrats make. If Democrats begin to make an issue and it sticks, Dubya will give in just to shut them up.

No constututional qualms

No principals

No nuthin'.

How many votes can he get for throwing second amendment types under the bus.
 
Can someone please repost the "what to say when leaving a message" stuff and maybe a sample letter or two?

Thanks,
GT
 
Two things to do:
1) Take a non-gunner to your local range, do the safety thing, have fun! I have been trying to take 6 of my friends a year. It really makes a difference!
2) Here are some web sites to locate your Congress-critters:
http://www.capwiz.com/nra/dbq/officials/ The best all-round information tool
http://www.house.gov/writerep/ House of Representatives
http://www.senate.gov/ Senate

The best sources for writing letters to congress-critters and local newspapers:
http://www.nraila.org/TakeAction.asp
http://www.gunowners.org

There is also a really obscure web site that no one ever goes to called:
www.thehighroad.org
It has three forums called Legal and Political, Congressional Watch and State Legislative Watch.

It takes a little time and effort. Don't feel that you need to write everyone all at once, write one a week...Just do it!
 
Clearly, as any of these weapons are capable of being used in an assault, they are all potentially "assault weapons." This wonderful law will establish the prior restraints that we so desperately need on our constitutional freedoms, thus saving our nations's children from the horrible, horrible dangers of unregulated liberty.
 
Sad state of affairs we are facing. This really disgusts me. Its almost as if the politicos would like to have them all removed from society so they can further subject the populace to the whim of big government without fear of retaliation.

So much for freedom. :(
 
angry_platypus
New Member

Registered: Jan 2003
Location: New Jersey *sigh*
Posts: 8
So... uh.. who can I write to, considering that my senators happen to be the two that sponsored it.... yay New Jersey.

YOU GUYS are the ones who should be writing the most letters. These guys need to be threatened by their consituency. They don't give a damn what people from Texas think. But they do care about local voters.

Nazi Jersey and Kaliforniastan gun owners need to organize and get involved more than any other gun owners. You guys are most at risk.
 
Guys, what matters here is that this likely _will_ pass, if we don't do anything. And if we _do_ do stuff, we'll be lucky to eliminate portions. They'll take this thing, and look at each line as a bargaining chip... So they'll give us the M1 and the Mini 14, but they'll want the rest... Yeah, right...
 
What makes you think the M1 and Mini 14 are exempt?

`(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,
 
So... uh.. who can I write to, considering that my senators happen to be the two that sponsored it.... yay New Jersey.

YOU GUYS are the ones who should be writing the most letters. These guys need to be threatened by their consituency. They don't give a damn what people from Texas think. But they do care about local voters.
Click to expand...

Here in MD several of the House sponsors are locals. In fact, one is in my district. I am a conservative Democrat who used to be a liberal Democrat and party activist (i.e. I used to volunteer for just about all the local Dem candidates). Mr. Elijah Cummings has even met me before. I sent a letter and didn't even get a "thank you for your views" return letter. My two senators (who haven't met me) were at least courteous enough to send me a return letter (granted it was a boiler plate letter).

If a former party activist can't even get a "thank you for taking the time to write" letter (or email) from a congressman who has met him (and he might even remember my name) what makes you think other congresspeople will pay attention to even 100 letters from their political opponents?

Of course, we must try, but our best bet is to get people like Mr. Cummings voted out of office and to concentrate our time with the congressmen and women who we have a chance with. Write those on our side to remind them we are there, but especially write those who are on the fence.
 
they'll give us the M1 and the Mini 14, but they'll want the rest...
Click to expand...
I hate to break it to you but reread the first post where they quote the bill. Both the M1Carbine and the Mini-14 are specifically mentioned as (to be) banned assult-weapons.
 
and what comes next after the cosmetically banned aw?hmmmm..maybe bolt action rifles designed for accuracy(ya cant have that ther bull barrel or that 20x scope..)the new definition..sniper weapons.your varmiter is just reclassified as a sniper rifle.dont think so?if its imaginable then they will try it.think about it..the 86 ban then the aw ban ...lil by lil they want them all.stop it before it goes any further,write your senators and every senator(lol..even the anti gun senators)vote vote vote.
 
As I read this...

my new Oly PCR5 goes down the tubes.

And what's the significance of Sept 13, 1994?????????? And how does a grandfather clause get to go back that far???

Guess we best get cracking on an antidote to this one lest it becomes a life of its own, or trade stuff for other things.

-Andy
 
Originally posted by SteyrAUG:

"This is so outrageous there is no chance this version will go through."

I remember them saying that in 94. It alsmost didn't pass then. Just one vote, IIRC by Bob Dole.
Click to expand...

I don't EVER remember that being said. What I do remember is people predicting that it would be close, but that it would probably pass. And it was and did.

In hindsight, what Bob Dole and the NRA did, turned out to help the pro-gun side. The AWB was most likely going to pass in one form or another. Sen. Dole and the NRA promised not to object too stringently IF there was a 10 year sunset clause attached to the bill. At the time, it seemed like a sell out and I, along with other gun owners, was upset. Democrats had no problem with this clause as it is very difficult to eliminate a law when it sunsets, they normally just get automatically extended. As the old joke goes; "If you don't believe in eternal life, just look at a government program". And truth be told, Sen. Dole probably didn't think the AWB would ever disappear either.

But sometimes the law of unintended consequences take funny turns. Largely because of the AWB, the Republicans won control of both the Senate and the House. There have been no gun control bills that have gone for a vote since. Nine years later, the AWB is set to, and most likely will expire in the next year. And this proposed new AWB bill will go down in FLAMES! Even the Democrats pushing it don't expect it to go anywhere.

We are about to see, for the very first time, a gun control law reversed on the national level. This is monumental and a tribute to the NRA and other pro-gun people. Just maybe, we will be able to win other battles in the future! Remember that your votes not only effect things in that particular election, but can have consequences ten, even twenty, years down the road.

The anti-gun forces look at this issue as a war, not a battle. We need too also. We may lose some battles, but the important thing is to win the war!
 
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