[Congressional Record Volume 149, Number 29 (Monday, February 24, 2003)]
[Senate]
[Pages S2600-S2602]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Kennedy, Mr. Schumer, Mr. 
        Corzine, Mr. Lautenberg, Mr. Durbin, and Mr. Levin):
  S. 429. 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 other firearms, and for other purposes; to the Committee on 
Finance.
  Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself and 
Senators Kennedy, Schumer, Corzine, Lautenberg, Durbin, and Levin to 
introduce the ``Anti-Terrorism Military Sniper Weapon Reclassification 
Act of 2003.''
  This bill, identical to legislation I have introduced in the last two 
Congresses, will reclassify powerful fifty-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.
  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 weight 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 aircraft, 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.
  These 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 this distance, the gun will have its 
desired destructive effect at that distance--more than 4 miles from the 
target.

[[Page S2601]]

  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--they are 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.

  According to a special agent at ATF's Atlanta Field Division, the 
Barrett .50-caliber rifle is ``a devastatingly powerful weapon against 
which most troops, most law enforcement and no civilians have any means 
of defense.'' He added that the rifle is ``a tremendous threat'' for 
``those most shocking and horrifying crimes, assassinations, murders, 
assaults on law enforcement officers.''
  In 1998, Federal law enforcement apprehended three men belonging to a 
radical Michigan militia group. The three were charged with plotting to 
bomb Federal office buildings, destroy highways and utilities. They 
were also charged with plotting to assassinate the State's Governor, a 
U.S. Senator and Federal judges. A .50-caliber sniper rifle was found 
in their possession along with a cache of weapons that included three 
illegal machine guns.
  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.
  Even more recently we have learned that Al Qaeda has received .50-
caliber sniper rifles--rifles that were manufactured right here in the 
United States. Nearly 2 years ago today, Essam al Ridi, a U.S. agent 
for Al Qaeda, testified that he acquired 25 Barrett .50-caliber sniper 
rifles and shipped them to Al Qaeda members in Afghanistan. We have no 
way of knowing whether Al Qaeda has obtained more or who has supplied 
them with these weapons, but we can be sure that any .50-caliber weapon 
in the hands of Al Qaeda will almost certainly be used against 
Americans or American interests.
  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 reclassify .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.
  I do not view the reclassification of .50-caliber weapons so much as 
an issue of firearm safety, but rather as a matter of national 
security. And I can say for a fact that I am not alone in that view.
  Indeed the U.S. Air Force has studied the scenario of a potential 
terrorist attack with a .50-caliber weapon. According to a November 
2001 article in the Air Force's official magazine, Airman, an 
antisniper assessment claimed that planes parked on a fully protected 
U.S. airbase are as vulnerable as ``ducks on a pond'' because the 
weapons can shoot from beyond most airbase perimeters. The Air Force 
has addressed the issue and the effectiveness of specially trained 
countersnipers to respond to a .50-caliber weapon attack on aircraft, 
fuel tanks, control towers, and personnel.
  While I am glad to know our military has given due consideration to 
the threats posed by .50-caliber weapons, I have real concerns over the 
threats posed to civilian aviation.
  Our Nation's airports in no way match the security measures at air 
force bases. These commercial facilities handle millions of passengers 
and tons of cargo each day and are especially vulnerable to the threats 
posed by .50-caliber weapons.
  The threats to civilian aviation have been made abundantly clear over 
the last year and a half. The events of September 11 certainly showed 
the ability of terrorists to find loopholes in aviation security.

  The recent attack on an Israeli airliner last November in Kenya 
serves as an example of the threat these weapons pose. Less than 4 
months ago, an Israeli airliner, loaded with hundreds of innocent 
civilians, became the target of a terrorist attack. Two heat-seeking, 
Russian-made missiles known as SA-7s were launched at Arkia Flight 582 
a few minutes after it took off from the Mombasa airport bound for 
Israel.
  Fortunately, the two missiles passed by the jet, and the flight, with 
271 people on board, was able to land safely in Tel Aviv a few hours 
later. A shoulder-fire missile launcher was found on the ground near 
the airport.
  A previously unknown group calling itself the Army of Palestine 
claimed responsibility for the attacks, but government officials in 
Kenya and Israel, along with terrorism experts, said the operation was 
well coordinated and bore the trademarks of Al Qaeda or an affiliated 
group.
  This type of attack, one on civilian aircraft, is exactly the sort 
that a .50-caliber weapon is capable of. Experts have agreed that .50-
caliber weapons aimed at a plane while stationary, or

[[Page S2602]]

taking off or arriving could be just as disastrous as a hit from a 
missile launcher. Gal Luft, co-Director of the Institute for the 
Analysis of Global Security has described .50-caliber weapons as 
``lethal to slow moving planes.''
  For further assurance of the potential destruction of these weapons, 
simply listen to the manufacturers themselves. According to a Barrett 
Firearms Manufacturing Model 82A1 .50 caliber sniper rifle brochure.
  ``The cost effectiveness of the Model 82A1 cannot be overemphasized 
when a round of ammunition purchased for less than 10 U.S. dollars can 
be used to destroy or disable a modern jet aircraft. The compressor 
sections of jet engines or the transmissions of helicopters are likely 
targets for the weapon, making it capable of destroying multimillion 
dollar aircraft with a single hit delivered to a vital area.''
  The Nordic Ammunition Company is the developer of the Raufoss 
multipurpose ammunition for .50-caliber weapons that combines armor-
piercing, incendiary, and explosive features and was used by U.S. 
forces during the gulf war. According to the company, the ammunition 
can ignite military jet fuel and has ``the equivalent firing power of a 
20-mm projectile to include such targets as helicopters, aircrafts, 
light armor vehicles, ships, and light fortifications.''
  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 no fall into the wrong hands.
  I urge my colleagues to support this bill.
                                 ______