[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 639 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 639

    To make unlawful the possession of certain assault weapons, to 
   establish a Federal penalty for drive-by shootings, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 23 (legislative day, March 3), 1993

  Mr. DeConcini (for himself, Mr. Simon, Mr. Pryor, Mr. Bumpers, Mr. 
  Kohl, Mr. Bradley, Mr. Chafee, Mr. Sarbanes, Mr. Moynihan, and Mr. 
    Warner) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To make unlawful the possession of certain assault weapons, to 
   establish a Federal penalty for drive-by shootings, and for other 
                               purposes.

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

                        TITLE I--ASSAULT WEAPONS

SECTION 101. SHORT TITLE.

    This title may be cited as the ``Antidrug Assault Weapons 
Limitation Act of 1993''.

SEC. 102. DEFINITIONS.

    (a) In General.--Section 921(a) of title 18, United States Code, is 
amended by adding at the end the following new paragraphs:
    ``(29) The term `assault weapon' means any of the firearms known 
as--
            ``(A) Norinco, Mitchell, and Poly Technologies Avtomat 
        Kalashnikovs (all models);
            ``(B) Action Arms Israeli Military Industries UZI and 
        Galil;
            ``(C) Beretta AR-70 (SC-70);
            ``(D) Colt AR-15 and CAR-15;
            ``(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
            ``(F) MAC 10 and MAC 11;
            ``(G) Steyr AUG;
            ``(H) INTRATEC TEC-9; and
            ``(I) Street Sweeper and Striker 12.
    ``(30) The term `form 4473' means the form prescribed by the 
Secretary in section 178.124 of the Code of Regulations as of the date 
of enactment of this paragraph, as that form or paragraph may be 
amended, or a successor form or regulation, or the equivalent of such a 
form.''.
    (b) Recommendations of the Secretary.--
    Chapter 44 of title 18, United States Code, is amended--
            (1) by adding at the end the following new section:
``Sec. 931. Additional assault weapons
    ``The Secretary, in consultation with the Attorney General, may 
recommend to the Congress the addition or deletion of firearms 
designated as assault weapons under section 921(29).''; and
            (2) in the chapter analysis by adding at the end the 
        following new item:

``931. Additional assault weapons.''.

SEC. 103. UNLAWFUL ACTS.

    Section 922 of title 18, United States Code, is amended by adding 
at the end the following new subsections:
    ``(s)(1) Except as provided in paragraph (2), it shall be unlawful 
for a person to transfer, import, transport, ship, receive, or possess 
an assault weapon.
    ``(2) This subsection does not apply with respect to--
            ``(A) the transfer, importation, transportation, shipping, 
        and receipt to or by, or possession by or under, authority of 
        the United States or any department or agency thereof or of any 
        State or any department, agency, or political subdivision 
        thereof, of an assault weapon; or
            ``(B) a lawful transfer, transportation, shipping, receipt, 
        or possession of an assault weapon that was lawfully possessed 
        before the effective date of this subsection.
    ``(t)(1) It shall be unlawful for a person to sell, ship, or 
deliver an assault weapon to a person who does not fill out a form 4473 
in connection with the purchase of the assault weapon.
    ``(2) It shall be unlawful for a person to purchase, possess, or 
accept delivery of an assault weapon unless the person has filled out a 
form 4473 in connection with the purchase of the assault weapon.
    ``(3) If a person purchases an assault weapon from anyone other 
than a licensed dealer, both the purchaser and the seller shall 
maintain a record of the sale on the seller's original copy of form 
4473.
    ``(4) An owner of an assault weapon on the effective date of this 
subsection who requires retention of form 4473 under this subsection 
shall, within 90 days after publication of regulations by the Secretary 
under paragraph (5), request a copy of form 4473 from a licensed dealer 
in accordance with those regulations.
    ``(5) The Secretary shall, within 90 days after the date of 
enactment of this subsection, prescribe regulations for the request and 
delivery of form 4473 under paragraph (4).''.

SEC. 104. PENALTIES.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (c) by inserting ``and if the firearm is 
        an assault weapon, to imprisonment for 10 years,'' after 
        ``sentenced to imprisonment for five years,''; and
            (2) by adding at the end the following new subsection:
    ``(i) A person who knowingly violates section 922(t) shall be fined 
not more than $1,000 (in accordance with section 3571(e)), imprisoned 
not more than 6 months, or both.''.

SEC. 105. DISABILITY.

    Section 922(g)(1) of title 18, United States Code, is amended by 
inserting ``or a violation of section 922(t)'' before the semicolon at 
the end.

SEC. 106. STUDY BY THE ATTORNEY GENERAL.

    (a) Study.--The Attorney General shall investigate and study the 
effect of this Act and the amendments made by this Act and in 
particular shall determine their impact, if any, on violent and drug 
trafficking crime. The study shall be conducted over a period of 18 
months, commencing 12 months after the date of enactment of this Act.
    (b) Report.--Not later than 30 months after the date of enactment 
of this Act, the Attorney General shall prepare and submit to Congress 
a report setting forth in detail the findings and determinations made 
in the study under subsection (a).

SEC. 107. EFFECTIVE DATE.

    This title and the amendments made by this title--
            (1) shall become effective on the date that is 30 days 
        after the date of enactment of this Act; and
            (2) are repealed effective as of the date that is 3 years 
        after the effective date.

  TITLE II--INDISCRIMINATE USE OF WEAPONS TO FURTHER DRUG CONSPIRACIES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Drive-By Shooting Prevention Act 
of 1993''.

SEC. 202. DRIVE-BY SHOOTING.

    (a)  In General.--Chapter 2 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 36. Drive-by shooting
    ``(a) Offense and Penalties.--
            ``(1) Whoever, in furtherance or to escape detection of a 
        major drug offense listed in subsection (b) and, with the 
        intent to intimidate, harass, injure, or maim, fires a weapon 
        into a group of two or more persons and who, in the course of 
        such conduct, causes grave risk to any human life shall be 
        punished by a term of no more than 25 years, or by fine as 
        provided under this title, or both.
            ``(2) Whoever, in furtherance or to escape detection of a 
        major drug offense listed in subsection (b) and, with the 
        intent to intimidate, harass, injure, or maim, fires a weapon 
        into a group of two or more persons and who, in the course of 
        such conduct, kills any person shall, if the killing--
                    ``(A) is a first degree murder as defined in 
                section 1111(a) of this title, be punished by death or 
                imprisonment for any term of years or for life, fined 
                under this title, or both: or
                    ``(B) is a murder other than a first degree murder 
                as defined in section 1111(a) of this title, be fined 
                under this title, imprisoned for any term of years or 
                for life, or both.
    ``(b) Major Drug Offense Defined.--A major drug offense within the 
meaning of subsection (a) is one of the following:
            ``(1) a continuing criminal enterprise, punishable under 
        section 403(c) of the Controlled Substances Act (21 U.S.C. 
        848(c));
            ``(2) a conspiracy to distribute controlled substances 
        punishable under section 406 of the Controlled Substances Act 
        (21 U.S.C. 846) or punishable under section 1013 of the 
        Controlled Substances Import and Export Control Act (21 U.S.C. 
        963); or
            ``(3) an offense involving major quantities of drugs and 
        punishable under section 401(b)(1)(A) of the Controlled 
        Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) 
        of the Controlled Substances Import and Export Act (21 U.S.C. 
        960(b)(1)).''.
    (b) Technical Amendment.--The chapter analysis for chapter 2 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``36. Drive-by shooting.''.

               TITLE III--MISCELLANEOUS FIREARMS OFFENSES

SEC. 301. STEALING AND SMUGGLING OF FIREARMS.

    Section 924 of title 18, United States Code, is amended by adding 
at the end the following new subsections:
    ``(i) A person who steals a firearm that is moving as, is a part 
of, or has moved in interstate or foreign commerce shall be imprisoned 
not less than 2 nor more than 10 years and may be fined under this 
title.
    ``(j) A person who, with the intent to engage in or to promote 
conduct that--
            ``(1) is punishable under the Controlled Substances Act (21 
        U.S.C. 801 et seq.), the Controlled Substances Import and 
        Export Act (212 U.S.C. 951 et seq.), or the Maritime Drug Law 
        Enforcement Act (46 U.S.C. App. 1901 et seq.);
            ``(2) violates a State law relating to a controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)); or
            ``(3) constitutes a crime of violence (as defined in 
        subsection (c)(3));
smuggles or knowingly brings into the United States a firearm, or 
attempts to do so, shall be imprisoned not more than 10 years, fined 
under this title, or both.''.

SEC. 302. MANDATORY REVOCATION OF SUPERVISED RELEASE FOR POSSESSION OF 
              A FIREARM.

    Section 3583 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(h) Mandatory Revocation of Supervised Release for Possession of 
a Firearm.--If the court has provided, as a condition of supervised 
release, that the defendant refrain from possessing a firearm (as 
defined in section 921), and if the defendant is in actual possession 
of such a firearm at any time prior to the expiration or termination of 
a term of supervised release, the court, after a hearing pursuant to 
the provisions of the Federal Rules of Criminal Procedure that are 
applicable to probation revocation, shall--
            ``(1) revoke the term of supervised release; and
            ``(2) subject to subsection (e)(3), require the defendant 
        to serve in prison all or part of the term of supervised 
        release without credit for time previously served on 
        postrelease supervision.''.

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