[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.
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