[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1431 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1431
To reauthorize the assault weapons ban, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
July 17, 2003
Mr. Lautenberg (for himself and Mr. Corzine) introduced the following
bill; which was read twice and referred to the Committee on the
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A BILL
To reauthorize the assault weapons ban, 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 ``Assault Weapons Ban and Law
Enforcement Protection Act of 2003''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 921(a)(30) of title 18, United States
Code, is amended to read as follows:
``(30) The term `semiautomatic assault weapon' means any of the
following:
``(A) The following rifles or copies or duplicates thereof:
``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr,
NHM 90, NHM 91, SA 85, SA 93, VEPR;
``(ii) AR-10;
``(iii) AR-15, Bushmaster XM15, Armalite M15, or
Olympic Arms PCR;
``(iv) AR70;
``(v) Calico Liberty;
``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;
``(vii) Fabrique National FN/FAL, FN/LAR, or FNC;
``(viii) Hi-Point Carbine;
``(ix) HK-91, HK-93, HK-94, or HK-PSG-1;
``(x) Kel-Tec Sub Rifle;
``(xi) M1 Carbine;
``(xii) Saiga;
``(xiii) SAR-8, SAR-4800;
``(xiv) SKS with detachable magazine;
``(xv) SLG 95;
``(xvi) SLR 95 or 96;
``(xvii) Steyr AUG;
``(xviii) Sturm, Ruger Mini-14;
``(xix) Tavor;
``(xx) Thompson 1927, Thompson M1, or Thompson 1927
Commando; or
``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter,
or Galil Sniper Rifle (Galatz).
``(B) The following pistols or copies or duplicates
thereof:
``(i) Calico M-110;
``(ii) MAC-10, MAC-11, or MPA3;
``(iii) Olympic Arms OA;
``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10;
or
``(v) Uzi.
``(C) The following shotguns or copies or duplicates
thereof:
``(i) Armscor 30 BG;
``(ii) SPAS 12 or LAW 12;
``(iii) Striker 12; or
``(iv) Streetsweeper.
``(D) A semiautomatic rifle that has an ability to accept a
detachable magazine, and that has--
``(i) a folding or telescoping stock;
``(ii) a threaded barrel;
``(iii) a pistol grip;
``(iv) a forward grip; or
``(v) a barrel shroud.
``(E)(i) Except as provided in clause (ii), a semiautomatic
rifle that has a fixed magazine with the capacity to accept
more than 10 rounds.
``(ii) Clause (i) shall not apply to an attached tubular
device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
``(F) A semiautomatic pistol that has the ability to accept
a detachable magazine, and has--
``(i) a second pistol grip;
``(ii) a threaded barrel;
``(iii) a barrel shroud; or
``(iv) the capacity to accept a detachable magazine
at a location outside of the pistol grip.
``(G) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
``(H) A semiautomatic shotgun that has--
``(i) a folding or telescoping stock;
``(ii) a pistol grip;
``(iii) the ability to accept a detachable
magazine; or
``(iv) a fixed magazine capacity of more than 5
rounds.
``(I) A shotgun with a revolving cylinder.
``(J) A frame or receiver that is identical to, or based
substantially on the frame or receiver of, a firearm described
in any of subparagraphs (A) through (I) or (L).
``(K) A conversion kit.
``(L) A semiautomatic rifle or shotgun originally designed
for military or law enforcement use, or a firearm based on the
design of such a firearm, that is not particularly suitable for
sporting purposes, as determined by the Attorney General. In
making the determination, there shall be a rebuttable
presumption that a firearm procured for use by the United
States military or any Federal law enforcement agency is not
particularly suitable for sporting purposes, and a firearm
shall not be determined to be particularly suitable for
sporting purposes solely because the firearm is suitable for
use in a sporting event.''.
(b) Related Definitions.--Section 921(a) of such title is amended
by adding at the end the following:
``(36) Barrel shroud.--The term `barrel shroud' means a shroud that
is attached to, or partially or completely encircles, the barrel of a
firearm so that the shroud protects the user of the firearm from heat
generated by the barrel, but does not include a slide that encloses the
barrel, and does not include an extension of the stock along the bottom
of the barrel which does not encircle or substantially encircle the
barrel.
``(37) Conversion kit.--The term `conversion kit' means any part or
combination of parts designed and intended for use in converting a
firearm into a semiautomatic assault weapon, and any combination of
parts from which a semiautomatic assault weapon can be assembled if the
parts are in the possession or under the control of a person.
``(38) Detachable magazine.--The term `detachable magazine' means
an ammunition feeding device that can readily be inserted into a
firearm.
``(39) Fixed magazine.--The term `fixed magazine' means an
ammunition feeding device contained in, or permanently attached to, a
firearm.
``(40) Folding or telescoping stock.--The term `folding or
telescoping stock' means a stock that folds, telescopes, or otherwise
operates to reduce the length, size, or any other dimension, or
otherwise enhances the concealability, of a firearm.
``(41) Forward grip.--The term `forward grip' means a grip located
forward of the trigger that functions as a pistol grip.
``(42) Pistol grip.--The term `pistol grip' means a grip, a
thumbhole stock, or any other characteristic that can function as a
grip.
``(43) Threaded barrel.--The term `threaded barrel' means a feature
or characteristic that is designed in such a manner to allow for the
attachment of a firearm as defined in section 5845(a) of the National
Firearms Act (26 U.S.C. 5845(a)).''.
SEC. 3. ELIMINATION OF SUNSET.
Section 110105 of the Public Safety and Recreational Firearms
Protection Act is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking ``; and'' and all that follows through
``that date''.
SEC. 4. GRANDFATHER PROVISIONS.
Section 922(v)(2) of title 18, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking ``on the date of the enactment of this
subsection'' and inserting ``as of September 13, 1994''; and
(3) by adding after and below the end the following:
``(B) Paragraph (1) shall not apply to any firearm the possession
or transfer of which would (but for this subparagraph) be unlawful by
reason of this subsection, and which is otherwise lawfully possessed on
the date of the enactment of this subparagraph.''.
SEC. 5. REPEAL OF CERTAIN EXEMPTIONS.
Section 922(v)(3) of title 18, United States Code, is amended by
striking ``(3)'' and all that follows through the end of the first
sentence and inserting the following:
``(3) Paragraph (1) shall not apply to any firearm that--
``(A) is manually operated by bolt, pump, level, or slide
action;
``(B) has been rendered permanently inoperable; or
``(C) is an antique firearm.''.
SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY
POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS.
Section 922(v) of title 18, United States Code, is amended by
adding at the end the following:
``(5) It shall be unlawful for any person to transfer a
semiautomatic assault weapon to which paragraph (1) does not apply,
except through--
``(A) a licensed dealer, and for purposes of subsection (t)
in the case of such a transfer, the weapon shall be considered
to be transferred from the business inventory of the licensed
dealer and the dealer shall be considered to be the transferor;
or
``(B) a State or local law enforcement agency if the
transfer is made in accordance with the procedures provided for
in subsection (t) of this section and section 923(g).
``(6) The Attorney General shall establish and maintain, in a
timely manner, a record of the make, model, and date of manufacture of
any semiautomatic assault weapon which the Attorney General is made
aware has been used in relation to a crime under Federal or State law,
and the nature and circumstances of the crime involved, including the
outcome of relevant criminal investigations and proceedings. The
Attorney General shall annually submit the record to the Congress and
make the record available to the general public.''.
SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE
CAPACITY AMMUNITION FEEDING DEVICE.
(a) Ban on Transfer of Semiautomatic Assault Weapon With Large
Capacity Ammunition Feeding Device.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by inserting at the end the following:
``(z) It shall be unlawful for any person to transfer any assault
weapon with a large capacity ammunition feeding device.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(8) Whoever knowingly violates section 922(z) shall be fined
under this title, imprisoned not more than 10 years, or both.''.
(b) Certification Requirement.--
(1) In general.--Section 922(w) of title 18, United States
Code, is amended--
(A) in paragraph (2), by striking ``on or before
the date of enactment of this subsection'' and
inserting ``in the United States on or before September
13, 1994'';
(B) in paragraph (3)--
(i) by adding ``or'' at the end of
subparagraph (B); and
(ii) by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph
(C); and
(C) by striking paragraph (4) and inserting the
following:
``(4) It shall be unlawful for a licensed manufacturer, licensed
importer, or licensed dealer who transfers a large capacity ammunition
feeding device that was manufactured on or before September 13, 1994,
to fail to certify to the Attorney General before the end of the 60-day
period that begins with the date of the transfer, in accordance with
regulations prescribed by the Attorney General, that the device was
manufactured on or before September 13, 1994.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, as amended by subsection (a)(2), is further amended by
adding at the end the following:
``(9) Whoever knowingly violates section 922(w)(4) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''.
SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.
(a) In General.--Section 922(w) of title 18, United States Code, as
amended by section 7(b)(1), is further amended--
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2)'' and inserting ``(1)(A) Except as provided in
subparagraph (B)'';
(2) in paragraph (2), by striking ``(2) Paragraph (1)'' and
inserting ``(B) Subparagraph (A)''; and
(3) by inserting before paragraph (3) the following:
``(2) It shall be unlawful for any person to import or bring into
the United States a large capacity ammunition feeding device.''.
(b) Conforming Amendment.--Section 921(a)(31)(A) of title 18,
United States Code, is amended by striking ``manufactured after the
date of enactment of the Violent Crime Control and Law Enforcement Act
of 1994''.
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