[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5286 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5286

To impose a 60-day moratorium on the transfer or receipt of an assault 
                     rifle, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2018

     Mr. Mast (for himself, Ms. Gabbard, and Mr. King of New York) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Energy and Commerce, 
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 impose a 60-day moratorium on the transfer or receipt of an assault 
                     rifle, 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 ``Mass Violence Prevention Reform 
Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) On March 11, 2018, President Donald Trump announced a 
        commission on school safety.
            (2) The Federal Bureau of Investigation, having been 
        alerted twice, failed to identify the threat posed by Nikolas 
        Cruz.
            (3) The Broward County Sheriff's Office, having sent law 
        enforcement officers to Nikolas Cruz's home 39 times, failed to 
        identify him as a threat.
            (4) At least 3 State agencies, having investigated Nikolas 
        Cruz, failed to identify him as a threat.
            (5) Mental illness was identified in Nikolas Cruz, but he 
        was still sold a gas-operated semiautomatic rifle.
            (6) Nikolas Cruz, who had been expelled by Marjory Stoneman 
        Douglas High School, was still able to enter the school's 
        campus on February 14, 2018 in possession of a gas-operated 
        semiautomatic rifle.
            (7) Broward County Sheriff's deputies, who have received 
        extensive tactical training and were in possession of body 
        armor and firearms, were paralyzed from executing an assault on 
        18-year-old Nikolas Cruz in possession of a gas-operated 
        semiautomatic rifle.
            (8) President Donald Trump proposed a ban on the rifle 
        accessory known as a ``bump stock''.
            (9) President Donald Trump called on Members of Congress to 
        draft legislation that would require background checks for all 
        firearm sales.
            (10) President Donald Trump called on Members of Congress 
        to draft legislation raising the age of all firearm purchasers 
        to 21 years of age.
            (11) A gas-operated semiautomatic rifle was the weapon of 
        choice for Nikolas Cruz, who killed 17 people at Marjory 
        Stoneman Douglas High School, Parkland, Florida, on February 
        14, 2018.
            (12) A gas-operated semiautomatic rifle was the weapon of 
        choice for Stephen Paddock, who killed 58 people at the Route 
        91 Harvest Music Festival in Las Vegas, Nevada, on October 1, 
        2017.
            (13) A gas-operated semiautomatic rifle was the weapon of 
        choice for Omar Mateen, who killed 49 people at the Pulse 
        Nightclub in Orlando, Florida, on June 12, 2016.
            (14) Congress is developing legislation to provide 
        behavioral detection training to those selling firearms.
            (15) Congress is developing legislation to provide funds 
        for strengthening school security and physical security 
        infrastructure.
            (16) Individuals adjudicated as posing a threat to 
        themselves or others should not be permitted to purchase 
        firearms.
            (17) A system of due process must be established to ensure 
        that citizens are not deprived of their Second Amendment 
        rights.
            (18) Americans have declining faith in the system of checks 
        designed to preclude future sales of firearms to those who were 
        clearly deemed a threat.

SEC. 3. MORATORIUM ON THE TRANSFER OR RECEIPT OF AN ASSAULT RIFLE.

    (a) In General.--During the 60-day period that begins with the day 
after the date of the enactment of this Act, it shall be unlawful for 
any person to transfer or receive an assault rifle.
    (b) Definitions.--In this section:
            (1) Assault rifle.--The term ``assault rifle'' means a gas-
        operated semiautomatic firearm with a rifled bore.
            (2) Gas-operated.--The term ``gas-operated'' means, with 
        respect to a firearm, that the firearm uses a portion of gas of 
        a firing cartridge to extract the fired cartridge case and 
        chamber the next round.
            (3) Semiautomatic.--The term ``semiautomatic'' means, with 
        respect to a firearm, that the firearm is a repeating firearm 
        that utilizes a portion of the energy of a firing cartridge to 
        extract the fired cartridge case and chamber the next round, 
        and that requires a separate pull of the trigger to fire each 
        cartridge.
            (4) Rifled bore.--The term ``rifled bore'' means, with 
        respect to a firearm, that the firearm is designed or made to 
        spin a fired projectile.
            (5) Firearm.--The term ``firearm'' has the meaning given 
        the term in section 921(a)(3) of title 18, United States Code.
    (c) Penalties.--Whoever knowingly violates subsection (a) shall be 
subject to the penalties provided for in section 924(a)(1) of title 18, 
United States Code.
    (d) Presidential Waiver.--The President of the United States may 
extend the moratorium established by subsection (a) until the earlier 
of--
            (1) 30 days after the date of the submission of the report 
        required by section 4; or
            (2) October 1, 2020.

SEC. 4. REPORT TO THE CONGRESS.

    Within 30 days after the date of the enactment of this Act, the 
Secretary of Health and Human Services, the Director of the Federal 
Bureau of Investigation, and the Deputy Director of the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives shall jointly submit a 
written report to the Congress that--
            (1) recommends a legal definition of assault weapon, 
        including classifying firearms based on lethality; and
            (2) makes such other policy recommendations relating to 
        firearms as are appropriate in the interest of public health.
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