[Congressional Record Volume 147, Number 31 (Friday, March 9, 2001)]
[Senate]
[Pages S2126-S2128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Schumer, and Mr. Kennedy):
  S. 505. A bill to amend the Internal Revenue Code of 1986 to regulate 
certain .50 caliber sniper weapons in the same manner as machine guns 
and

[[Page S2127]]

other firearms, and for other purposes; to the Committee on Finance.
  Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself, Senator 
Schumer, and Senator Kennedy to re-introduce the Military Sniper Weapon 
Regulation Act. This bill, which I first introduced with Senator 
Lautenberg in 1999, will reclassify powerful .50 caliber military 
sniper rifles under the National Firearms Act, thus making it much more 
difficult for terrorists, doomsday cults, and criminals to obtain these 
guns for illegitimate use. It is my sincere hope that in this new, 50-
50 Senate, we can finally make some progress on this bill and limit the 
use of these powerful guns.
  Fifty caliber sniper rifles, manufactured by a small handful of 
companies and individuals, are deadly, military style assault weapons, 
designed for armed combat with wartime enemies. They weigh up to 28 
pounds and are capable of piercing light armor at more than 4 miles. 
The guns enable a single shooter to destroy enemy jeeps, tanks, 
personnel carriers, bunkers, fuel stations, and even communication 
centers. As a result, their use by military organizations worldwide has 
been spreading rapidly.
  But along with the increasing military use of the gun, we have also 
seen increased use of the weapon by violent criminals and terrorists 
around the world. The weapons are deadly accurate up to 2,000 yards. 
This means that a shooter using a 50 caliber weapon can reliably hit a 
target more than a mile away. In fact, according to a training manual 
for military and police snipers published in 1993, a bullet from this 
gun ``even at one and a half miles crashes into a target with more 
energy than Dirty Harry's famous .44 magnum at point-blank'' range.
  And the gun is ``effective'' up to 7,500 yards. In other words, 
although it may be hard to aim at that distance, the gun will have its 
desired destructive effect at that distance--more than 4 miles from the 
target.
  The weapon can penetrate several inches of steel, concrete, or even 
light armor. In fact, many ranges used for target practice do not even 
have enough safety features to accommodate these guns, it is just too 
powerful.
  Recent advances in weapons technology allow this gun to be used by 
civilians against armored limousines, bunkers, individuals, and even 
aircraft, in fact, one advertisement for the gun apparently promoted 
the weapon as able to ``wreck several million dollars' worth of jet 
aircraft with one or two dollars' worth of cartridge.''
  This gun is so powerful that one dealer told undercover GAO 
investigators ``You'd better buy one soon. It's only a matter of time 
before someone lets go a round on a range that travels so far, it hits 
a school bus full of kids. The government will definitely ban .50 
calibers. This gun is just too powerful.''

  When I first introduced this bill, I commented that a study by the 
General Accounting Office revealed some eye-opening facts about how and 
where this gun is used, and how easily it is obtained. The GAO reports 
that many of these guns wind up in the hands of domestic and 
international terrorists, religious cults, outlaw motorcycle gangs, 
drug traffickers, and violent criminals.
  One doomsday cult headquartered in Montana purchased 10 of these guns 
and stockpiled them in an underground bunker, along with thousands of 
rounds of ammunition and other guns. At least one .50 caliber gun was 
recovered by Mexican authorities after a shoot-out with an 
international drug cartel in that country. The gun was originally 
purchased in Wyoming, so it is clear that the guns are making their way 
into the hands of criminals worldwide.
  Another .50 caliber sniper rifle, smuggled out of the United States, 
was used by the Irish Republican Army to kill a large number of British 
soldiers.
  And ammunition for these guns is also readily available, even over 
the Internet. Bullets for these guns include ``armor piercing 
incendiary'' ammunition that explodes on impact, and even ``armor 
piercing tracing'' ammunition reminiscent of the ammunition that lit up 
the skies over Baghdad during the Persian Gulf war.
  Several ammunition dealers were willing to sell armor piercing 
ammunition to an undercover GAO investigator even after the 
investigator said he wanted the ammunition to pierce an armored 
limousine or maybe to ``take down'' a helicopter. In fact, our own 
military helps to provide thousands of rounds of .50 caliber 
ammunition, by essentially giving away tons of spent cartridges, many 
of which are then refurbished and sold on the civilian market.
  This bill will begin the process of making these guns harder to get 
and easier to track.
  Current law classifies .50 caliber guns as ``long guns,'' subject to 
the least government regulation for any firearm. Sawed-off shotguns, 
machine guns, and even handguns are more highly regulated than this 
military sniper rifle. In fact, many states allow possession of .50 
caliber guns by those as young as 14 years old, and there is no 
regulation on second-hand sales.
  Essentially, this bill would re-classify .50 caliber guns under the 
National Firearms Act, which imposes far stricter standards on powerful 
and destruction weapons. For instance:
  NFA guns may only be purchased from a licensed dealer, and not 
second-hand. This will prevent the sale of these guns at gun shows and 
in other venues that make it hard for law enforcement to track the 
weapons.
  Second, purchasers of NFA guns must fill out license transfer 
applications and provide fingerprints to be processed by the FBI in 
detailed criminal background checks. By reclassifying the .50 caliber, 
Congress will be making a determination that sellers should be more 
careful about to whom they give these powerful, military guns.
  ATF reports that this background check process takes about 60 days, 
so prospective gun buyers will face some delay. However, legitimate 
purchasers of this $7,000 gun can certainly wait that long.
  Clearly, placing a few more restrictions on who can get these guns 
and how is simply common sense. This bill will not ban the sale, use or 
possession of .50 caliber weapons. The .50 caliber shooting club will 
not face extinction, and ``legitimate'' purchasers of these guns will 
not lose their access--even though that, too, might be a reasonable 
step, since I cannot imagine a legitimate use of this gun.
  The bill will simply place stricter requirements on the way in which 
these guns can be sold, and to whom. The measure is meant to offer a 
reasoned solution to making it harder for terrorists, assassins, and 
other criminals to obtain these powerful weapons. If we are to continue 
to allow private citizens to own and use guns of this caliber, range, 
and destructive power, we should at the very least take greater care in 
making sure that these guns do not fall into the wrong hands.
  I urge my colleagues to support this bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 505

       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 ``Military Sniper Weapon 
     Regulation Act of 2001''.

     SEC. 2. FINDINGS.

       The Congress finds that--
       (1) certain firearms originally designed and built for use 
     as long-range 50 caliber military sniper weapons are 
     increasingly sold in the domestic civilian market;
       (2) the intended use of these long-range firearms, and an 
     increasing number of models derived directly from them, is 
     the taking of human life and the destruction of materiel, 
     including armored vehicles and such components of the 
     national critical infrastructure as radars and microwave 
     transmission devices;
       (3) these firearms are neither designed nor used in any 
     significant number for legitimate sporting or hunting 
     purposes and are clearly distinguishable from rifles intended 
     for sporting and hunting use;
       (4) extraordinarily destructive ammunition for these 
     weapons, including armor-piercing and armor-piercing 
     incendiary ammunition, is freely sold in interstate commerce; 
     and
       (5) the virtually unrestricted availability of these 
     firearms and ammunition, given the uses intended in their 
     design and manufacture, present a serious and substantial 
     threat to the national security.

     SEC. 3. COVERAGE OF 50 CALIBER SNIPER WEAPONS UNDER NATIONAL 
                   FIREARMS ACT.

       (a) In General.--Section 5845(a) of the Internal Revenue 
     Code of 1986 (defining firearm) is amended by striking ``(6) 
     a machine

[[Page S2128]]

     gun; (7) any silencer (as defined in section 921 of title 18, 
     United States Code); and (8) a destructive device.'' and 
     inserting ``(6) a 50 caliber sniper weapon; (7) a machine 
     gun; (8) any silencer (as defined in section 921 of title 18, 
     United States Code); and (9) a destructive device.''
       (b) 50 Caliber Sniper Weapon.--
       (1) In general.--Section 5845 of the Internal Revenue Code 
     of 1986 is amended by redesignating subsections (d) through 
     (m) as subsections (e) through (n), respectively, and by 
     inserting after subsection (c) the following new subsection:
       ``(d) 50 Caliber Sniper Weapon.--The term `50 caliber 
     sniper weapon' means a rifle capable of firing a center-fire 
     cartridge in 50 caliber, .50 BMG caliber, any other variant 
     of 50 caliber, or any metric equivalent of such calibers.''
       (2) Modification to definition of rifle.--Subsection (c) of 
     section 5845 of such Code is amended by inserting ``or from a 
     bipod or other support'' after ``shoulder''.
       (3) Conforming amendment.--Section 5811(a) of such Code is 
     amended by striking ``section 5845(e)'' and inserting 
     ``section 5845(f)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______