[Congressional Record Volume 140, Number 50 (Monday, May 2, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                            ASSAULT WEAPONS

  Mr. CRAIG. Madam President, it is most fortuitous that you are in the 
chair today when I come to put into the Senate Record information that 
deals with legislation you and I were directly involved in last 
December. It is a piece of legislation--an amendment to the Senate 
crime bill--which bears your name.
  The Feinstein amendment, a proposed amendment in that bill--I should 
say a portion of that bill, now--by your own words, selectively bans 
some 19 assault weapons from being manufactured, distributed, and sold 
in this market.
  Following that debate and the give-and-take that you and I had here 
on the Senate floor, on December 6 I wrote to the Director, John Magaw, 
of BATF, and asked him to analyze your legislation to see if any other 
firearms might be banned by that legislation.
  He analyzed it, and in a letter of December 20, returned to me a 
listing of some 29 additional weapons that he felt fall under your 
legislation and could be, and more than likely would be, banned based 
on their writing of rule and regulation and the interpretation of your 
legislation.
  I ask unanimous consent that that letter and that list be made a part 
of the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

         Department of the Treasury, Bureau of Alcohol, Tobacco 
           and Firearms,
                                Washington, DC, December 20, 1993.
     Hon. Larry E. Craig,
     U.S. Senate,
     Washington, DC.
       Dear Senator Craig: Thank you for your letter dated 
     December 6, 1993, to the Bureau of Alcohol, Tobacco and 
     Firearms (ATF). In your letter, you inquire about certain 
     firearms contained in section 4502(b) of the Violent Crime 
     Control and Law Enforcement Act of 1993 (H.R. 3355) that was 
     passed by the Senate in November 1993. You specifically asked 
     that AFT list any firearms, other than those specifically 
     named, that would be affected by this legislation.
       The following firearms appear to meet the general 
     characteristics section of the bill:


                                 rifles

       AA Arms AR9 semiautomatic rifle
       AMT Lightning 25 rifle
       Auto Ordnance Thompson Model 1927 carbines (finned barrel 
     versions)
       Calico M100 carbine
       Colt Sporter Rifle (all variations)
       Federal XC900 carbine
       Federal XC450 carbine
       Grendel R31 carbine
       Iver Johnson M1 Carbine (version with collapsible stock and 
     bayonet lug)
       Springfield M1A rifle


                                pistols

       AA Arms AP9 pistol
       Australian Automatic Arms pistol
       Auto Ordnance Model 1927A5 pistol
       American Arms Spectre pistol
       Calico Model M950 pistol
       Calico Model 110 pistol
       Claridge Hi-Tech pistol (all models)
       D Max auto pistol
       Grendel P-31 pistol
       Heckler & Koch SP89 pistol
       Wilkinson Linda pistol


                                shotguns

       Benelli M1 Super 90 Defense shotgun
       Benelli M3 Super 90 shotgun
       Franchi LAW 12 shotgun
       Franchi SPAS 12 shotgun
       USAS 12 shotgun
       The above list was compiled from currently advertised 
     firearms. This list should not be considered to be all 
     inclusive.
       We trust that the foregoing has been responsive to your 
     inquiry. If we may be of any further assistance, please do 
     not hesitate to contact us.
           Sincerely yours,
                                                  Daniel R. Black,
                                    (For John W. Magaw, Director).

  Mr. CRAIG. Then on February 17, I once again wrote to him because 
there appeared in a gun magazine a list of additional semiautos that 
some gun interests felt might be banned by your amendment to the Senate 
crime bill. That list included 180 different weapons.
  The letter that I got in return from BATF came to me April 1, in 
which they examined the 180-plus different weapons. They subtracted out 
the 29 that they had proposed in their December 20 letter, and here are 
his exact words:

       The majority of the firearms contained on the enclosure in 
     your letter would be assault weapons as that term is defined 
     in the Feinstein amendment. The following firearms on your 
     list would not be assault weapons.

  And they list several, and then go on to say, ``but the majority are 
and would be banned by the Feinstein amendment.''
  I ask unanimous consent that my letter, a list of those weapons that 
I sent to him, and the response letter from the Director of BATF be 
printed in the Record.

  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  U.S. Senate,

                                Washington, DC, February 17, 1994.
     Attn: John W. Magaw.
     Bureau of Alcohol, Tobacco and Firearms,
     Washington, DC.
       Dear Director Magaw: Thank you for your quick response to 
     my request for a list of the firearms that would be banned as 
     a result of the Feinstein amendment to the Senate Crime bill, 
     now Section 4502 of S. 1607.
       Since you stated your list is not inclusive and additional 
     firearms may be added to it, could you tell me:
       1. Would any of the firearms listed in Appendix A of the 
     Feinstein amendment (that is, Section 4510 of S. 1607) be 
     banned under the criteria given in the amendment?
       2. Did BATF personnel assist in the compilation of Appendix 
     A?
       3. Is it possible to develop a comprehensive list of 
     potentially banned firearms? If so, can you estimate how long 
     it would take to develop such a list?
       4. Would the firearms on the attached list be banned?
       5. To the extent that the criteria for banning focus on 
     cosmetic features, do you agree that virtually any firearm on 
     the list could be modified (such as by removing a bayonet lug 
     or flash suppressor) to remove it from the definition of 
     banned ``assault weapon''?
       6. Please provide me with whatever data your agency has 
     concerning the number of crimes committed in the last five 
     years with each of the firearms restricted by S. 1607.
       7. Please provide me with whatever data the BATF has 
     concerning the number of crimes committed with each of the 
     firearms that are mentioned in your letter, or other firearms 
     of this ``type'' on which you have not yet reached a 
     decision.
       Your continued assistance is greatly appreciated.
           Sincerely,
                                                   Larry E. Craig,
                                                     U.S. Senator.
       Enclosure.

       AO-9 Assualt Pistol,
       American Arms AKY39 Rifle,
       American Arms AKF39 Rifle,
       American 180,
       Anschutz Deluxe Model 520/61,
       AR-10 Semi-Auto Rifle,
       Argientine FALs,
       Armalite AR-180 Sporter Carbine,
       Armscor Model 1600,
       Armscor AK-22,
       Armscorp M-14 Semi-Auto Rifle,
       Australian Automatic Arms SAR,
       Australian Automatic Arms SAC,
       Australian Automatic Arms SAP,
       Australian Automatic Arms SP Hunting Rifle,
       Australian Automatic Arms SP-20 Hunting Rifle,
       Australian L1A1 FAL,
       Auto-Ordnance Mod 1927A-3,
       Auto-Ordnance 1927-A5 Pistol,
       Barrett Light-Fifty,
       Beretta AR-70 Sporter,
       Beretta SC-70 Carbine,
       Bushmaster Auto Rifle,
       Bushmaster Rifle,
       Bushmaster Auto Pistol,
       Calico Model 100 Pistol,
       Calico Model 900 Carbine,
       Calico Model 951 Tactical Carbine,
       CETME Rifle,
       Clayco AKS Rifle,
       Cobray M-11,
       Cobray M-11/9,
       Cobray 9mm Carbine,
       Cobray Cobray M-12,
       Colt AR-15,
       Colt AR-15A2 Carbine,
       Colt AR-15A2 H-BAR,
       Colt AR-15A2-Delta H-BAR,
       Colt Match Delta H-BAR,
       Colt Sporter Lightweight,
       Colt Sporter Target,
       Commando Arms Carbine,
       Daewoo Ar11OC,
       Daewoo AR100,
       Demro TAC-1 Carbine,
       Demro XF-7 Carbine,
       Eagle Arms EA-15 Action Master Auto Rifle,
       Eagle Arms EA-15 Auto Rifle,
       Eagle Arms EA-15 E1 Carbine,
       Eagle Arms EA-15 E2 Carbine,
       Eagle Arms EA-15 E2, H-BAR,
       Eagle Arms EA-15 Golden Auto Rifle,
       Egyptian Maadi AKM,
       Egyptian Maadi ``Thumbhole AKM'',
       EMF AP-74,
       Encom Mk IV,
       FAMAS Semi-Auto Rifle,
       Feather AT-9 Carbine,
       Feather AT-22,
       Feather Mini-AT,
       Feather SAR-180 Carbine,
       Feather Saturn 30 Rifle,
       Federal Model XC-220,
       Federal XC900 Pistol,
       Federal SC450 Pistol,
       Fed Ord M-14 Rifle,
       F.I.C/Franchi Fara Carbine,
       FN-FNC,
       FN ``G Series'' FALFN-LAR Competition Auto,
       FN-LAR Heavy Barrel .308 Match,
       FN-LAR Paratrooper Model 50-64,
       FN-LAR Model 50-63,
       Galil AR,
       Galil ARM,
       Galil Sniper Rifle,
       Galil Sporter,
       Goncz High-Tech Carbine,
       Goncz High-tech Long Pistol,
       Grendel R-31 Auto Carbine,
       Heckler & Koch PSG-1 Marksman Rifle,
       Heckler & Koch VP 70Z Pistol,
       Heckler & Koch 91,
       Heckler & Koch 93,
       Heckler & Koch 94,
       Holmes MP-22,
       Holmes MP-38,
       Holmes MP-83,
       Intratec Scorpion,
       Intratec TEC-9,
       Intratec TEC-DC9,
       Intratec TEC-22,
       Israeli FALS,
       Iver Johnson Enforcer Model 3000 Auto,
       Iver Johnson PM30HB Carbine,
       Kassnar SA 85M AKM,
       Kassnar SA 85M ``Thumbhole AKM'',
       MAC-10 Semi-Auto,
       MAC-11 Semi-Auto,
       Micro Uzi Pistol,
       Mini Uzi Pistol,
       Mitchell AKM,
       Mitchell AK-22,
       Mitchell Galil/22,
       Mitchell Heavy Barrel AKM,
       Mitchell MAS-22,
       Mitchell M-1622,
       Mitchell M-76 Counter Sniper Rifle,
       any M1 Carbine with folding stock,
       Norinco MAK-90 Rifle,
       Norinco MAK-91 Legend Rifle,
       Norinco Officer's Nine Carbine,
       Norinco RPK Rifle,
       Norinco Type 81S Rifle,
       Norinco Type 81MGS Rifle,
       Norinco Type 84S AK,
       Norinco Tuype 85S ``Bullpup'' AK Rifle,
       Noninco Type 86S-7 Rifle,
       Noninco Type 88SB Rifle,
       Olympic Arms Car-9,
       Olympic Arms CAR-15,
       Olympic Arms CAR-40,
       Olympic Arms CAR-45,
       Olympic Arms CAR-310,
       Olympic Arms K-4 AR-15 Rifle,
       Partisan Avenger,
       Poly Technologies AK-47/S,
       Poly Technologies AKS-762,
       Poly Technologies AKS-762 Down Folder,
       Poly Technologies AKS-762 Side Folder,
       Poly Technologies M-14/S,
       Poly Technologies RPKS-74 Assult Rifle,
       Ruger Mini-14/5,
       Ruger Mini-14 with folder stock,
       Scarab Skorpion Pistol,
       SIG AMT,
       SIG PE-57,
       SIG SG 550-2 SP Rifle,
       SIG SG 550-2 SP Carbine,
       Smith Enterprises M-15 Semi-Auto Rifle,
       Spectre Carbine,
       Spectre DA Pistol,
       Springfield Armory SAR-3,
       Springfield Armory SAR-48 Standard,
       Springfield Armory SAR-48 Bush Rifle,
       Springfield Armory SAR-48 Heavy Barell,
       Springfield Armory SAR-48 Para,
       Springfield Armory SAR-4800,
       Springfield Armory M1A Super Match,
       Springfield Armory M1A-A1 Bush Rifle,
       Springfield Armory BM-59 Italian Model,
       Springfield Armory BM-59 Alpine Model,
       Springfield Armory BM-59 Alpine Paratrooper Model,
       Springfield Armory BM-59 Nigerian MK IV Model,
       Springfield Armory M-21 Sniper Rifle,
       Sterling Carbine,
       Steyr AUG-SA,
       Seet Sweeper Shotgun,
       Striker 12 SE-12 Shotgun,
       SVD ``Tiger'' Sniper Rifle,
       Universal 100 Carbine,
       USAS-12 Auto,
       Uzi Pistol,
       Uzi Carbine,
       Valmet M-62/S Rifle,
       Valmet M-71/S Rifle
       Valmet M-76 Standard Rifle,
       Valmet M-78 Rifle,
       Valmet M-82 Bullpup Rifle,
       Valmet Hunter Rifle,
       Weaver Arms Nighhawk,
       Wilkinson ``Terry'' Carbine, and,
       XM 231S Semi-Auto Pistol.
                                  ____

         Department of the Treasury, Bureau of Alcohol, Tobacco 
           and Firearms,
                                    Washington, DC, April 1, 1994.
     Hon. Larry E. Craig,
     U.S. Senate,
     Washington, DC.
       Dear Senator Craig: This is in response to your letter of 
     February 17, 1994, to the Bureau of Alcohol, Tobacco and 
     Firearms (ATF). In your letter, you inquire about various 
     firearms that would be banned as a result of the Feinstein 
     amendment to the Senate Crime Bill (section 4502 of S. 1607).
       The firearms contained in Appendix A of the Feinstein 
     amendment to the Senate Crime Bill would not be banned under 
     the criteria given in the amendment as presently written. ATF 
     personnel did not assist in the compilation of the list of 
     firearms contained in Appendix A.
       With respect to your question concerning the development of 
     a comprehensive list of potentially banned firearms, the 
     majority of semiautomatic firearms could be modified by the 
     addition of features such as pistol grips, folding stocks, 
     flash suppressors, etc., such that their modified 
     configuration would make them subject to the definitions of 
     assault weapon as contained in the Feinstein amendment. 
     Therefore, it would not be possible to formulate such a 
     comprehensive list.
       The majority of the firearms contained on the enclosure in 
     your letter would be assault weapons as that term is defined 
     in the Feinstein amendment. The following firearms on your 
     list would not be assault weapons:
       Commando Arms Carbine,
       Feather Saturn 30 Rifle,
       F.I.E./Franchi Para Carbine,
       Heckler & Koch VP70Z Pistol, and
       Valmet Hunter Rifle.
       The Springfield Armory SAR4800, Egyptian MAADI Thumbhole 
     AKM, Galil Sporter, Norinco MAK-90, and Norinco MAK-91 Legend 
     rifles are modified versions of semiautomatic rifles listed 
     in the Feinstein amendment. Therefore, we are uncertain of 
     their status under the amendment.
       The following firearms contained on your list cannot be 
     positively identified; therefore, we are unable to comment on 
     their status under the Feinstein amendment:
       AO-9 Assault Pistol,
       Micro Uzi Pistol,
       Mini Uzi Pistol,
       Universal 100 Carbine, and
       XM 231S Semi-Auto Pistol.
       You also asked if virtually any firearm on the list of 
     assault weapons could be modified by eliminating the bayonet 
     lug, flash suppressor, or other accessories to remove the 
     firearm from the definition of a banned or assault weapon. 
     The vast majority of the firearms meeting the definition of 
     assault weapon as contained in paragraphs (B), (C), and (D) 
     of the Feinstein amendment could be modified to remove them 
     from that definition.
       As requested, enclosed are the lists of the firearms and 
     types of crimes involved that have been reported to our 
     National Tracing Center. The lists cover weapons restricted 
     by S. 1607 and those firearms mentioned in our previous 
     letter. Also enclosed is an explanation of the crime codes 
     used on the requested lists.
       We trust that the foregoing has been responsive to your 
     inquiry. If we may be of any further assistance, please do 
     not hesitate to contact us.
           Sincerely yours,
                                                    John W. Magaw,
                                                         Director.

  Mr. CRAIG. Madam President, the reason I say this is just to lay 
facts and frustrations on the Record because I, in no way, question the 
intent or the integrity of the Acting President pro tempore and the 
intent of her legislation. The problem is there is a very real question 
as to what it does and does not do. We all know in the business of 
making public policy that once it gets to the agency and the agency 
interprets through rules and regulations, a lot of things can change.
  Here we have the Director of BATF saying that, by their initial 
overview, at least 180 more weapons than are proposed in your 
amendment, by your own words, could likely fall under the proposed ban.
  There is another reason for making this statement. Today, the 
President took issue with this and is making it a major crusade because 
there will be a vote in the House in the next few days. He said, and I 
quote from a statement this morning:

       This is a lay-down, no-brainer issue.

  Well, Madam President, my guess is that it is a no-brainer issue or, 
at least to date, people who are working the issue have not studied it 
enough to determine, as I have argued on this floor, that it has to be 
a brainer issue or we, in fact, take away from law-abiding citizens 
their right.
  So I ask the Members of the House to read the Record today and the 
inserts I have put in the Record before they debate this issue on the 
floor of the House in the coming days. It is a critical and necessary 
issue that we understand what all this is about.

                          ____________________