[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3182 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3182

  To regulate certain 50 caliber sniper weapons in the same manner as 
                    machine guns and other firearms.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2001

 Mr. Blagojevich (for himself and Mr. Waxman) introduced the following 
  bill; which was referred to the Committee on Ways and Means, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To regulate certain 50 caliber sniper weapons in the same manner as 
                    machine guns and other firearms.

    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 ``Trooper Timothy Mossbruker Memorial 
Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) certain firearms originally designed and built for use 
        as long-range 50 caliber military sniper weapons are 
        increasingly sold in the domestic civilian market, and there 
        are fewer legal restrictions on their possession or transfer 
        than there are on handguns;
            (2) the intended use of these long-range firearms, and an 
        increasing number of models derived directly from them, is the 
        taking of human life and the destruction of materiel, including 
        armored vehicles and such components of the national critical 
        infrastructure as radars and microwave transmission devices;
            (3) these firearms are neither designed nor used in any 
        significant number for legitimate sporting or hunting purposes 
        and are clearly distinguishable from rifles intended for 
        sporting and hunting use;
            (4) extraordinarily destructive ammunition for these 
        weapons, including armor-piercing and armor-piercing incendiary 
        ammunition, is freely sold in interstate commerce; and
            (5) the virtually unrestricted availability of these 
        firearms and ammunition, given the uses intended in their 
        design and manufacture, present a serious and substantial 
        threat to the national security.

SEC. 3. COVERAGE OF 50 CALIBER SNIPER WEAPONS UNDER NATIONAL FIREARMS 
              ACT.

    (a) In General.--Subsection (a) of section 5845 of the Internal 
Revenue Code of 1986 (defining firearm) is amended by striking ``(6) a 
machine gun; (7) any silencer (as defined in section 921 of title 18, 
United States Code); and (8) a destructive device.'' and inserting 
``(6) a 50 caliber sniper weapon; (7) a machine gun; (8) any silencer 
(as defined in section 921 of title 18, United States Code); and (9) a 
destructive device.''
    (b) 50 Caliber Sniper Weapon.--
            (1) In general.--Section 5845 of such Code is amended by 
        redesignating subsections (d) through (m) as subsections (e) 
        through (n), respectively, and by inserting after subsection 
        (c) the following new subsection:
    ``(d) 50 Caliber Sniper Weapon.--The term `50 caliber sniper 
weapon' means a rifle capable of firing a center-fire cartridge in 50 
caliber, .50 BMG caliber, any other variant of 50 caliber, or any 
metric equivalent of such calibers.''
            (2) Modification to definition of rifle.--Subsection (c) of 
        section 5845 of such Code is amended by inserting ``or from a 
        bipod or other support'' after ``shoulder''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 4. COVERAGE OF 50 CALIBER SNIPER WEAPONS UNDER THE GUN CONTROL ACT 
              OF 1968.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(z)(1) It shall be unlawful for any person to transfer or possess 
a 50 caliber sniper weapon.
    ``(2) Paragraph (1) shall 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 
        thereof or a State, or a department, agency, or political 
        subdivision thereof; or
            ``(B) any otherwise lawful transfer or otherwise lawful 
        possession of a 50 caliber sniper weapon that was lawfully 
        possessed before the date this subsection takes effect.''.
    (b) 50 Caliber Sniper Weapon Defined.--Section 921(a) of such title 
is amended by adding at the end the following:
    ``(35) The term `50 caliber sniper weapon' has the meaning given 
such term in section 5845(d) of the National Firearms Act (26 U.S.C. 
5845(d)).''.
    (c) Penalties.--Section 924(a)(2) of such title is amended by 
striking ``or (o)'' and inserting ``(o), or (z)''.
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