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Pending McCarthy Bill (High Mag Cap)

Discussion in 'Legal' started by TR, Feb 3, 2011.

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  1. TR

    TR Member

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    Tried to post on a previous posting, all were locked. Here is a copy of the McCarthy Bill, do not know the validity of it.
    House Bill will be HR 308 and Senate S.32.
    McCarthy's bill



    112th CONGRESS
    1st Session
    H. R. 308
    To prohibit the transfer or possession of large capacity ammunition feeding
    devices, and for other purposes.
    IN THE HOUSE OF REPRESENTATIVES
    January 18, 2011
    Mrs. MCCARTHY of New York (for herself, Mr. CLAY, Ms. NORTON, Mr.
    WEINER, Ms. ESHOO, Mr. ISRAEL, Mrs. MALONEY, Mr. ACKERMAN, Mr. MORAN,
    Ms. MCCOLLUM, Mr. BRADY of Pennsylvania, Mr. SERRANO, Ms. PINGREE of
    Maine, Mr. GEORGE MILLER of California, Mr. MCGOVERN, Ms. HARMAN, Mr.
    PASCRELL, Ms. HIRONO, Mr. VAN HOLLEN, Mrs. LOWEY, Mr. NADLER, Ms.
    EDWARDS, Mr. HASTINGS of Florida, Ms. MATSUI, Ms. WATERS, Mr. CICILLINE,
    Ms. CHU, Mr. SHERMAN, Mr. HOLT, Mr. CONNOLLY of Virginia, Ms.
    SLAUGHTER, Mr. ELLISON, Mr. QUIGLEY, Mr. MEEKS, Mr. HIMES, Mr. HONDA,
    Mr. LANGEVIN, Ms. SPEIER, Mr. COHEN, Mr. WAXMAN, Mr. CONYERS, Mr. FARR,
    Mr. YARMUTH, Ms. JACKSON LEE of Texas, Ms. WOOLSEY, Mr. BLUMENAUER, Mr.
    BISHOP of New York, and Ms. DEGETTE) introduced the following bill;
    which was referred to the Committee on the Judiciary

    A BILL
    To prohibit the transfer or possession of large capacity ammunition feeding
    devices, 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 `Large Capacity Ammunition Feeding Device Act'.
    SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY AMMUNITION
    FEEDING DEVICES.
    (a) Definition- Section 921(a) of title 18, United States Code, is amended by
    inserting after paragraph (29) the following:
    `(30) The term `large capacity ammunition feeding device'--
    `(A) means a magazine, belt, drum, feed strip, or
    similar device that has a capacity of, or that can be readily restored
    or converted to accept, more than 10 rounds of ammunition; but
    `(B) does not include an attached tubular device
    designed to accept, and capable of operating only with, .22 caliber
    rimfire ammunition.'.
    (b) Prohibitions- Section 922 of such title is amended by inserting after
    subsection (u) the following:
    `(v)(1)(A)(i) Except as provided in clause (ii), it shall
    be unlawful for a person to transfer or possess a large capacity
    ammunition feeding device.
    `(ii) Clause (i) shall not apply to the possession of a
    large capacity ammunition feeding device otherwise lawfully possessed
    within the United States on or before the date of the enactment of this
    subsection.
    `(B) It shall be unlawful for any person to import or bring into the United
    States a large capacity ammunition feeding device.
    `(2) Paragraph (1) shall not apply to--
    `(A) a manufacture for, transfer to, or possession by
    the United States or a department or agency of the United States or a
    State or a department, agency, or political subdivision of a State, or a
    transfer to or possession by a law enforcement officer employed by such
    an entity for purposes of law enforcement (whether on or off duty);
    `(B) a transfer to a licensee under title I of the
    Atomic Energy Act of 1954 for purposes of establishing and maintaining
    an on-site physical protection system and security organization required
    by Federal law, or possession by an employee or contractor of such a
    licensee on-site for such purposes or off-site for purposes of
    licensee-authorized training or transportation of nuclear materials;
    `(C) the possession, by an individual who is retired
    from service with a law enforcement agency and is not otherwise
    prohibited from receiving ammunition, of a large capacity ammunition
    feeding device transferred to the individual by the agency upon that
    retirement; or
    `(D) a manufacture, transfer, or possession of a large
    capacity ammunition feeding device by a licensed manufacturer or
    licensed importer for the purposes of testing or experimentation
    authorized by the Attorney General.'.
    (c) Penalties- Section 924(a) of such title is amended by adding at the end
    the following:
    `(8) Whoever knowingly violates section 922(v) shall be fined under this
    title, imprisoned not more than 10 years, or both.'.
    (d) Identification Markings- Section 923(i) of such title
    is amended by adding at the end the following: `A large capacity
    ammunition feeding device manufactured after the date of the enactment
    of this sentence shall be identified by a serial number that clearly
    shows that the device was manufactured after such date of enactment, and
    such other identification as the Attorney General may by regulation
    prescribe.'.
     
  2. Carter

    Carter Member

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    A 10 year prison sentence...

    I have no words for the outrage I feel for such an idea even being proposed to become a law.


    But, I do believe this topic has been throughly covered in other threads, and the Speaker of the House is reported to of said it will not make it.
     
  3. 2RCO

    2RCO Member

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    McCarthy tries introducing this or some other Anti-Gun legislation every chance she gets. Luckily she has very little support on the matter and it never makes it out of the committee. In reality this attempted legislation will never see light of day on the floor, but she'll keep trying as long as she gets keeps getting elected.
     
  4. Travis McGee

    Travis McGee Member

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    I worry that the MSM will finally notice this bill, and they will make Cho and Loughner the poster boys. Anybody against the bill will be called a supporter of maniacs who want to massacre innocents. It could be packaged by the MSM in such a way that weak-kneed RINOs will be afraid to vote against it.

    (On TV, 24/7. Smith's photo between Cho and Loughner.)
    "Why does Congressman Smith want maniacs to have easy access to these massacre magazines? Even sportsmen like Dick Cheney agree gun owners don't need them."
    Fade to smiling photo of Congresswoman Giffords and the nine year old victim.
    "Support responsible gun rights. Support the bill to ban these massacre makers."
     
  5. KDS

    KDS Member

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    Lithia, FL
    I recently spoke to my congressman, Gus Bilirakis regarding any gun legislation proposed and he said any bill brought to the house will be a non starter. He said Speaker Boehner has stated that as well. I told Gus that we will hold them to that. Bottom line - even if you think your congressman is pro 2nd Amendment, give them a call, send them a letter, or make an appointment at their office for a visit.
     
  6. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Did you read through the posts to see WHY they were locked?

    It's in committee, has few cosponsors, and it comes up every year.

    The Speaker said it will not get out of committee.

    If it does then we will be able to discuss what to do next but until then there really isn't anything new here.
     
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