[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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