[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 653 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 653

    To prohibit the transfer or possession of semiautomatic assault 
                    weapons, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 25 (legislative day, March 3), 1993

Mr. Metzenbaum (for himself, Mrs. Feinstein, Mrs. Boxer, Mr. Wellstone, 
  Ms. Moseley-Braun, Mr. Kennedy, Ms. Mikulski, Mrs. Murray, and Mr. 
  Lautenberg) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To prohibit the transfer or possession of semiautomatic assault 
                    weapons, 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 ``Semiautomatic Assault Weapon 
Violence Prevention Act of 1993''.

SEC. 2. PROHIBITION OF SEMIAUTOMATIC ASSAULT WEAPONS.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (28) by striking ```semiautomatic rifle' 
        means any repeating rifle'' and inserting ```semiautomatic 
        firearm' means a repeating firearm''; and
            (2) by adding at the end the following new paragraph:
    ``(29) The term `semiautomatic assault weapon'--
            ``(A) means--
                    ``(i) any of the semiautomatic firearms known as--
                            ``(I) A.A. Arms AP-9;
                            ``(II) Auto-Ordnance Thompson;
                            ``(III) Barrett Light-Fifty;
                            ``(IV) Beretta AR-70;
                            ``(V) Bushmaster Auto Rifle;
                            ``(VI) Calico M-900 and M-950;
                            ``(VII) Cobray, Ingram and RPB MAC-10 and 
                        MAC-11;
                            ``(VIII) Colt AR-15 and Sporter;
                            ``(IX) Encom MP-9 and MP-45;
                            ``(X) Fabrique Nationale FN/FAL, FN/LAR, 
                        and FNC;
                            ``(XI) Feather AT-9;
                            ``(XII) Federal XP900 and XP450;
                            ``(XIII) Franchi SPAS-12;
                            ``(XIV) Intratec TEC-9 and TEC-22;
                            ``(XV) Israeli Military Industries UZI and 
                        Galil;
                            ``(XVI) Iver Johnson Enforcer 3000;
                            ``(XVII) Norinco, Mitchell and Poly 
                        Technologies Avtomat Kalashnikovs;
                            ``(XVIII) Steyr AUG; or
                            ``(XIX) USAS-12;
                    ``(ii) a revolving-cylinder shotgun such as or 
                similar to the Street Sweeper or Striker 12; and
                    ``(iii) a semiautomatic firearm designated by the 
                Secretary as a semiautomatic assault weapon under 
                section 931; and
            ``(B) does not include (among other firearms)--
                    ``(i) any of the firearms known as--
                            ``(I) Remington Model 1100 shotgun;
                            ``(II) Remington Model 7400 rifle;
                            ``(III) Mossberg Model 5500 shotgun;
                            ``(IV) HK Model 300 rifle;
                            ``(V) Marlin Model 9 camp carbine;
                            ``(VI) Browning High-Power rifle; or
                            ``(VII) Remington Nylon 66 auto loading 
                        rifle;
                    ``(ii) a firearm that is a manually operated bolt 
                action firearm;
                    ``(iii) a lever action firearm;
                    ``(iv) a slide action firearm; or
                    ``(v) a firearm that has been rendered permanently 
                inoperable.''.
    (b) Prohibition.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(s)(1) Except as provided in paragraph (2), it shall be unlawful 
for a person to transfer or possess a semiautomatic assault weapon.
    ``(2) This subsection does not apply with respect to--
            ``(A) a transfer to or by, or possession by or under the 
        authority of 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;
            ``(B) a lawful transfer or lawful possession of a 
        semiautomatic assault weapon that was lawfully possessed before 
        the effective date of this subsection or, in the case of a 
        semiautomatic firearm that the Secretary designates as a 
        semiautomatic assault weapon pursuant to section 931, before 
        the date on which the designation is made; or
            ``(C) the transfer or possession of a semiautomatic assault 
        weapon by a licensed manufacturer or licensed importer for the 
        purposes of testing or experimentation authorized by the 
        Secretary.''.
    (c) Designation of Semiautomatic Assault Weapons.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 931. Designation of semiautomatic assault weapons
    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, and annually thereafter, the Secretary, in 
consultation with the Attorney General, shall determine whether any 
other semiautomatic firearm (other than a firearm described in section 
921(a)(29)(B)) should be designated as a semiautomatic assault weapon 
in addition to those previously designated by section 921(a)(29)(A) or 
by the Secretary under this section.
    ``(b) Criteria.--(1) The Secretary shall by regulation designate as 
a semiautomatic assault weapon a rifle, pistol, or shotgun that is a 
semiautomatic firearm and that is described in paragraph (2), (3), (4), 
or (5).
    ``(2) A replica or duplicate in any caliber of a semiautomatic 
firearm described in section 921(a)(29)(A)(i) is a semiautomatic 
assault weapon.
    ``(3) A rifle that is a semiautomatic firearm is a semiautomatic 
assault weapon if it--
            ``(A) is not generally recognized as being particularly 
        suitable for or readily adaptable to sporting purposes;
            ``(B) has an ability to accept a detachable magazine; and
            ``(C) has at least 2 of the following characteristics:
                    ``(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 threaded barrel 
                designed to accommodate a flash suppressor.
                    ``(v) A grenade launcher.
    ``(4) A pistol that is a semiautomatic firearm is a semiautomatic 
assault weapon if it--
            ``(A) is not generally recognized as being particularly 
        suitable for or adaptable to sporting purposes; and
            ``(B) has an ability to accept a detachable magazine; and
            ``(C) has at least 2 of the following characteristics:
                    ``(i) An ammunition magazine that attaches to the 
                pistol outside of the pistol grip.
                    ``(ii) A threaded barrel capable of accepting a 
                barrel extender, flash suppressor, forward hand grip, 
                or silencer.
                    ``(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 second hand 
                without being burned.
                    ``(iv) A manufactured weight of 50 ounces or more 
                when the pistol is unloaded.
                    ``(v) A semiautomatic version of an automatic 
                firearm.
    ``(5) A shotgun that is a semiautomatic firearm is a semiautomatic 
assault weapon if it--
            ``(A) is not generally recognized as being particularly 
        suitable for or adaptable to sporting purposes; and
            ``(B) has at least 2 of the following characteristics:
                    ``(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 6 
                rounds.
                    ``(iv) An ability to accept a detachable 
                magazine.''.
            (2) Technical amendment.--The chapter analysis for chapter 
        44 of title 18, United States Code, is amended by adding at the 
        end the following new item:

``931. Designation of semiautomatic assault weapons.''.
    (d) Penalties.--Section 924(a)(1)(B) of title 18, United States 
Code, is amended by striking ``or 922(q)'' and inserting ``922 (q), 
(r), or (s)''.
    (e) Identification Markings for Semiautomatic Assault Weapons.--
Section 923(i) of title 18, United States Code, is amended by adding at 
the end the following new sentence: ``The serial number of a 
semiautomatic assault weapon shall clearly show if the weapon was 
manufactured or imported after the effective date of this sentence.''.

SEC. 3. PROHIBITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) Prohibition.--Section 922 of title 18, United States Code, as 
amended by section 2, is amended by adding at the end the following new 
subsection:
    ``(t)(1) Except as provided in paragraph (2), it shall be unlawful 
for a person to transfer or possess a large capacity ammunition feeding 
device.
    ``(2) This subsection does not apply with respect to--
            ``(A) a transfer to or by, or possession by or under the 
        authority of, the United States or any department or agency of 
        the United States or a State, or a department, agency, or 
        political subdivision of a State;
            ``(B) a lawful transfer or lawful possession of a large 
        capacity ammunition feeding device that was lawfully possessed 
        before the effective date of this subsection other than a 
        transfer by a licensed dealer; or
            ``(C) the 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 Secretary.''.
    (b) Large Capacity Ammunition Feeding Device Defined.--Section 
921(a) of title 18, United States Code, as amended by section 2, is 
amended by adding at the end the following new paragraph:
    ``(30) The term `large capacity ammunition feeding device'--
            ``(A) means--
                    ``(i) 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; and
                    ``(ii) any combination of parts from which a device 
                described in clause (i) 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.''.
    (c) Large Capacity Ammunition Feeding Devices Defined and Treated 
as Firearms.--Section 921(a)(3) of title 18, United States Code, is 
amended in the first sentence--
            (1) by striking ``or''; and
            (2) by striking ``device.'' and inserting ``, or (E) any 
        large capacity ammunition feeding device.''.
    (d) Penalty.--Section 924(a)(1)(B) of title 18, United States Code, 
as amended by section 2(d), is amended by striking ``or (s)'' and 
inserting ``(s), or (t)''.
    (e) Identification Markings for Large Capacity Ammunition Feeding 
Devices.--Section 923(i) of title 18, United States Code, is amended by 
adding at the end the following new sentence: ``A large capacity 
ammunition feeding device shall be identified by a serial number that 
clearly shows the device was manufactured or imported after the 
effective date of this subsection, and such other identification as the 
Secretary may by regulations prescribe.''.

                                 <all>