[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4292 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4292

    To ban the transfer of 50 caliber sniper weapons, and otherwise 
 regulate the weapons in the same manner as machine guns are regulated.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 5, 2004

   Mr. Moran of Virginia (for himself, Mr. Conyers, Ms. Norton, Mr. 
 Wexler, Mr. Emanuel, Mrs. Maloney, and Mr. Van Hollen) 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 ban the transfer of 50 caliber sniper weapons, and otherwise 
 regulate the weapons in the same manner as machine guns are regulated.

    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 ``50 Caliber Sniper Rifle Reduction 
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, in 
        addition 50 caliber sniper weapons pose a significant threat to 
        civil aviation in that they are capable of destroying or 
        disabling jet aircraft;
            (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 THE 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) Conforming Amendment.--Section 5811(a) of such Code is amended 
by striking ``5845(e)'' and inserting ``5845(f)''.
    (d) 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)(A) The prohibitions of paragraph (1) shall not apply with 
respect to 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.
    ``(B) The possession prohibition of paragraph (1) shall not apply 
with respect to the 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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