[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1312 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1312

    To reauthorize the assault weapons ban, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 2005

Mrs. McCarthy introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 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 2005''.

SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS 
              RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION 
              FEEDING DEVICES.

    (a) Reinstatement of Provisions Wholly Repealed.--Paragraphs (30) 
and (31) of section 921(a), subsections (v) and (w) and Appendix A of 
section 922, and the last 2 sentences of section 923(i) of title 18, 
United States Code, as in effect just before the repeal made by section 
110105(2) of the Violent Crime Control and Law Enforcement Act of 1994, 
are hereby enacted into law.
    (b) Reinstatement of Provisions Partially Repealed.--Section 924 of 
title 18, United States Code, is amended--
            (1) in subsection (a)(1), by striking subparagraph (B) and 
        inserting the following:
            ``(B) knowingly violates subsection (a)(4), (f), (k), (r), 
        (v), or (w) of section 922;''; and
            (2) in subsection (c)(1)(B), by striking clause (i) and 
        inserting the following:
            ``(i) is a short-barreled rifle, short-barreled shotgun, or 
        semiautomatic assault weapon, the person shall be sentenced to 
        a term of imprisonment of not less than 10 years; or''.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 921(a)(30) of title 18, United States 
Code, as added by section 2(a) of this Act, 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. 4. GRANDFATHER PROVISION.

    Section 922(v)(2) of title 18, United States Code, as added by 
section 2(a) of this Act, is amended--
            (1) by inserting ``(A)'' after ``(2)''; and
            (2) 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, as added by 
section 2(a) of this Act, is amended by striking ``(3)'' and all that 
follows through the 1st 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, as added by section 
2(a) of this Act, 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 after subsection (y) 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 such title 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 such title, as added by 
        section 2(a) of this Act, is amended--
                    (A) 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
                    (B) 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 the date of the 
enactment of this subsection, 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 the 
date of the enactment of this subsection.''.
            (2) Penalties.--Section 924(a) of such title, as amended by 
        subsection (a)(2) of this section, is 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 
added by section 2(a) of this Act, is 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 such title, as 
added by section 2(a) of this Act, is amended by striking 
``manufactured after the date of enactment of the Violent Crime Control 
and Law Enforcement Act of 1994''.
                                 <all>