[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 645 Introduced in Senate (IS)]

  1st Session
                                 S. 645

To reinstate the Public Safety and Recreational Firearms Use Protection 
                                  Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2005

Mr. Lautenberg (for himself, Mr. Corzine, Mr. Schumer, Mrs. Boxer, Mr. 
 Kennedy, Mr. Durbin, Ms. Mikulski, Mr. Sarbanes, Mr. Reed, Mr. Akaka, 
 Mr. Dodd, and Mrs. Clinton) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To reinstate the Public Safety and Recreational Firearms Use Protection 
                                  Act.

    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. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN 
              SEMIAUTOMATIC ASSAULT WEAPONS.

    (a) Restriction.--Section 922 of title 18, United States Code, is 
amended by adding after subsection (u) the following:
    ``(v)(1) It shall be unlawful for a person to manufacture, 
transfer, or possess a semiautomatic assault weapon.
    ``(2) Paragraph (1) shall not apply to the possession or transfer 
of any semiautomatic assault weapon otherwise lawfully possessed under 
Federal law on the date of enactment of this subsection.
    ``(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.
    ``(4) Paragraph (1) shall not apply to--
            ``(A) the manufacture for, transfer to, or possession by 
        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, or a transfer to or possession by a law 
        enforcement officer employed by such an entity for purposes of 
        law enforcement (whether on or off duty);
            ``(B) the transfer to a licensee under title I of the 
        Atomic Energy Act of 1954 for purposes of establishing and 
        maintaining an onsite physical protection system and security 
        organization required by Federal law, or possession by an 
        employee or contractor of such licensee onsite for such 
        purposes or off-site for purposes of licensee-authorized 
        training or transportation of nuclear materials;
            ``(C) the possession, by an individual who is retired from 
        service with a law enforcement agency and is not otherwise 
        prohibited from receiving a firearm, of a semiautomatic assault 
        weapon transferred to the individual by the agency upon such 
        retirement; or
            ``(D) the manufacture, 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.
    ``(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 Congress and make 
the record available to the general public.''.
    (b) Definition of Semiautomatic Assault Weapon.--Section 921(a) of 
title 18, United States Code, is amended by adding after paragraph (29) 
the following:
    ``(30) The term `semiautomatic assault weapon' means any of the 
following:
            ``(A) Rifles.--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) Pistols.--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) Shotguns.--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) Detachable magazine rifles.--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) Fixed magazine rifles.--A semiautomatic rifle that 
        has a fixed magazine with the capacity to accept more than 10 
        rounds, except for an attached tubular device designed to 
        accept, and capable of operating only with, .22 caliber rimfire 
        ammunition.
            ``(F) Detachable magazine pistols.--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) Fixed magazine pistols.--A semiautomatic pistol with 
        a fixed magazine that has the capacity to accept more than 10 
        rounds.
            ``(H) Semiautomatic shotguns.--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) Other shotguns.--A shotgun with a revolving cylinder.
            ``(J) Frames or receivers.--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) Conversion kits.--A conversion kit.
            ``(L) Military or law enforcment weapons.--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.''.
    (c) Penalties.--
            (1) Violation of section 922(v).--Section 924(a)(1)(B) of 
        title 18, United States Code, is amended by striking ``or (q) 
        of section 922'' and inserting ``(r), or (v) of section 922''.
            (2) Use or possession during crime of violence or drug 
        trafficking crime.--Section 924(c)(1)(B)(i) of title 18, United 
        States Code, is amended by inserting ``or semiautomatic assault 
        weapon,'' after ``short-barreled shotgun,''.
    (d) Identification Markings for Semiautomatic Assault Weapons.--
Section 923(i) of title 18, United States Code, is amended by adding at 
the end the following: ``The serial number of any semiautomatic assault 
weapon manufactured after the date of the enactment of this sentence 
shall clearly show the date on which the weapon was manufactured.''.
    (e) 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. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) Prohibition.--Section 922 of title 18, United States Code, as 
amended by section 2(a), is amended by adding after subsection (v) the 
following:
    ``(w)(1)(A) Except as provided in subparagraph (B), it shall be 
unlawful for a person to transfer or possess a large capacity 
ammunition feeding device.
    ``(B) Subparagraph (A) shall not apply to the possession or 
transfer of any large capacity ammunition feeding device otherwise 
lawfully possessed in the United States on the date of enactment of 
this subsection.
    ``(2) It shall be unlawful for any person to import or bring into 
the United States a large capacity ammunition feeding device.
    ``(3) This subsection shall not apply to--
            ``(A) the manufacture for, transfer to, or possession by 
        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, or a transfer to or possession by a law 
        enforcement officer employed by such an entity for purposes of 
        law enforcement (whether on or off duty);
            ``(B) the transfer to a licensee under title I of the 
        Atomic Energy Act of 1954 for purposes of establishing and 
        maintaining an onsite physical protection system and security 
        organization required by Federal law, or possession by an 
        employee or contractor of such licensee onsite for such 
        purposes or off-site for purposes of licensee-authorized 
        training or transportation of nuclear materials; or
            ``(C) the manufacture, transfer, or possession of any large 
        capacity ammunition feeding device by a licensed manufacturer 
        or licensed importer for the purposes of testing or 
        experimentation authorized by the Secretary.
    ``(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 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 enactment of this 
subsection.''.
    (b) Definition of Large Capacity Ammunition Feeding Device.--
Section 921(a) of title 18, United States Code, as amended by section 
2(b), is amended by adding after paragraph (30) the following:
    ``(31) The term `large capacity ammunition feeding device'--
            ``(A) means 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; but
            ``(B) does not include an attached tubular device designed 
        to accept, and capable of operating only with, .22 caliber 
        rimfire ammunition.''.
    (c) Penalty.--Section 924(a)(1)(B) of title 18, United States Code, 
as amended by section 2(c), is amended by striking ``or (v)'' and 
inserting ``(v), or (w)''.
    (d) Identification Markings for Large Capacity Ammunition Feeding 
Devices.--Section 923(i) of title 18, United States Code, as amended by 
section 2(d), is amended by adding at the end the following: ``A large 
capacity ammunition feeding device manufactured after the date of the 
enactment of this sentence shall be identified by a serial number that 
clearly shows that the device was manufactured or imported after the 
effective date of this subsection, and such other identification as the 
Attorney General may by regulation prescribe.
    (e) 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.
    ``(9) Whoever knowingly violates section 922(w)(4) shall be fined 
under this title, imprisoned not more than 5 years, or both.''.

SEC. 4. STUDY BY ATTORNEY GENERAL.

    (a) Study.--The Attorney General shall investigate and study the 
effect of this Act and the amendments made by this Act, and in 
particular shall determine their impact, if any, on violent and drug 
trafficking crime. The study shall be conducted over a period of 18 
months, commencing 12 months after the date of enactment of this Act.
    (b) Report.--Not later than 30 months after the date of enactment 
of this Act, the Attorney General shall prepare and submit to Congress 
a report setting forth in detail the findings and determinations made 
in the study under subsection (a).

SEC. 5. 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. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date of enactment of this Act.
                                 <all>