[Congressional Record Volume 151, Number 32 (Wednesday, March 16, 2005)]
[Senate]
[Pages S2854-S2856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mr. Corzine, Mr. Schumer, Mrs. 
        Boxer, Mr. Kennedy, Mr. Durbin, Ms. Mikulski, Mr. Sarbanes, Mr. 
        Reed, Mr. Akaka, Mr. Dodd, and Mrs. Clinton):
  S. 645. A bill to reinstate the Public Safety and Recreational 
Firearms Use Protection Act; to the Committee on the Judiciary.
  Mr. LAUTENBERG. Mr. President, I rise to speak about a common sense 
bill that will protect American citizens and law enforcement officers. 
The Assault Weapons Ban and Law Enforcement Protection Act is designed 
to restore and strengthen the ban on assault weapons that expired on 
September 13, 2004.

[[Page S2855]]

  The Government Accountability Office recently reported that 47 people 
on the terrorist watch list legally purchased firearms in this country 
last year. I personally believe that a person on the terrorist watch 
list, who isn't allowed to board a commercial airliner, should not be 
able to purchase any weapon. But they especially shouldn't be able to 
buy assault weapons, which possess unique, military-bred, anti-
personnel design characteristics. These features, taken together, make 
it easy for a shooter to simply point a weapon--as opposed to taking 
careful aim--and quickly spray a wide area with a lethal hail of 
bullets.
  These features make assault weapons especially attractive to 
terrorists and criminals, and virtually useless to hunters or sport 
shooters.
  Before the previous ban on assault weapons expired last November, 
some attempted to justify that expiration by saying that it wasn't 
working as intended.
  That is true. Some gun manufacturers were exploiting loopholes in the 
law by selling kits that made it possible to modify legal firearms into 
assault-style weapons, or by changing a few features of a weapon so it 
would slip through the legal definition of an assault rifle. The proper 
response to these abuses was not to let the ban expire, however. 
Instead, we should have fixed the ban so it really kept assault-style 
weapons out of the hands of criminals and terrorists. This bill will do 
that.
  It improves and simplifies the definition of assault weapons; expands 
the scope of the ban to include conversion parts kits that can be 
purchased through the mail and used to build an assault weapon; 
regulates the transfer of grandfathered assault weapons; clarifies 
definitions of assault weapon characteristics; and enhances tracing of 
assault weapons.
  Keeping assault weapons out of the hands of terrorists and criminals 
is simply a matter of common sense. Innocent lives are at stake--
including the lives of law enforcement officers who are our last line 
of defense against terrorists who would attack our communities. Make no 
mistake--military-style assault weapons are a threat to cops on the 
street.
  An analysis of FBI data found that one in five law enforcement 
officers slain in the line of duty between January 1, 1998, and 
December 31, 2001, were killed with assault weapons. How many of those 
officers would be alive today if criminals hadn't been able to get 
their hands on assault weapons?
  Hundreds of organizations are on record in support of a ban on 
assault weapons, including the Anti-Defamation League, Brady Campaign 
to Prevent Gun Violence united with the Million Mom March, Consumer 
Federation of America, National Coalition Against Domestic Violence, 
National League of Cities, and Voices for America's Children. I urge 
all of my colleagues to support this common-sense measure.
  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. 645

       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 ``Assault Weapons Ban and Law 
     Enforcement Protection Act of 2005''.

     SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION 
                   OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

       (a) Restriction.--Section 922 of title 18, United States 
     Code, is amended by adding after subsection (u) the 
     following:
       ``(v)(1) It shall be unlawful for a person to manufacture, 
     transfer, or possess a semiautomatic assault weapon.
       ``(2) Paragraph (1) shall not apply to the possession or 
     transfer of any semiautomatic assault weapon otherwise 
     lawfully possessed under Federal law on the date of enactment 
     of this subsection.
       ``(3) Paragraph (1) shall not apply to any firearm that--
       ``(A) is manually operated by bolt, pump, level, or slide 
     action;
       ``(B) has been rendered permanently inoperable; or
       ``(C) is an antique firearm.
       ``(4) Paragraph (1) shall not apply to--
       ``(A) the manufacture for, transfer to, or possession by 
     the United States or a department or agency of the United 
     States or a State or a department, agency, or political 
     subdivision of a State, or a transfer to or possession by a 
     law enforcement officer employed by such an entity for 
     purposes of law enforcement (whether on or off duty);
       ``(B) the transfer to a licensee under title I of the 
     Atomic Energy Act of 1954 for purposes of establishing and 
     maintaining an onsite physical protection system and security 
     organization required by Federal law, or possession by an 
     employee or contractor of such licensee onsite for such 
     purposes or off-site for purposes of licensee-authorized 
     training or transportation of nuclear materials;
       ``(C) the possession, by an individual who is retired from 
     service with a law enforcement agency and is not otherwise 
     prohibited from receiving a firearm, of a semiautomatic 
     assault weapon transferred to the individual by the agency 
     upon such retirement; or
       ``(D) the manufacture, transfer, or possession of a 
     semiautomatic assault weapon by a licensed manufacturer or 
     licensed importer for the purposes of testing or 
     experimentation authorized by the Secretary.
       ``(5) It shall be unlawful for any person to transfer a 
     semiautomatic assault weapon to which paragraph (1) does not 
     apply, except through--
       ``(A) a licensed dealer, and for purposes of subsection (t) 
     in the case of such a transfer, the weapon shall be 
     considered to be transferred from the business inventory of 
     the licensed dealer and the dealer shall be considered to be 
     the transferor; or
       ``(B) a State or local law enforcement agency if the 
     transfer is made in accordance with the procedures provided 
     for in subsection (t) of this section and section 923(g).
       ``(6) The Attorney General shall establish and maintain, in 
     a timely manner, a record of the make, model, and date of 
     manufacture of any semiautomatic assault weapon which the 
     Attorney General is made aware has been used in relation to a 
     crime under Federal or State law, and the nature and 
     circumstances of the crime involved, including the outcome of 
     relevant criminal investigations and proceedings. The 
     Attorney General shall annually submit the record to Congress 
     and make the record available to the general public.''.
       (b) Definition of Semiautomatic Assault Weapon.--Section 
     921(a) of title 18, United States Code, is amended by adding 
     after paragraph (29) the following:
       ``(30) The term `semiautomatic assault weapon' means any of 
     the following:
       ``(A) Rifles.--The following rifles or copies or duplicates 
     thereof--
       ``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, 
     NHM 91, SA 85, SA 93, VEPR;
       ``(ii) AR-10;
       ``(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic 
     Arms PCR;
       ``(iv) AR70;
       ``(v) Calico Liberty;
       ``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;
       ``(vii) Fabrique National FN/FAL, FN/LAR, or FNC;
       ``(viii) Hi-Point Carbine;
       ``(ix) HK-91, HK-93, HK-94, or HK-PSG-1;
       ``(x) Kel-Tec Sub Rifle;
       ``(xi) M1 Carbine;
       ``(xii) Saiga;
       ``(xiii) SAR-8, SAR-4800;
       ``(xiv) SKS with detachable magazine;
       ``(xv) SLG 95;
       ``(xvi) SLR 95 or 96;
       ``(xvii) Steyr AUG;
       ``(xviii) Sturm, Ruger Mini-14;
       ``(xix) Tavor;
       ``(xx) Thompson 1927, Thompson M1, or Thompson 1927 
     Commando; or
       ``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil 
     Sniper Rifle (Galatz).
       ``(B) Pistols.--The following pistols or copies or 
     duplicates thereof--
       ``(i) Calico M-110;
       ``(ii) MAC-10, MAC-11, or MPA3;
       ``(iii) Olympic Arms OA;
       ``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or
       ``(v) Uzi.
       ``(C) Shotguns.--The following shotguns or copies or 
     duplicates thereof--
       ``(i) Armscor 30 BG;
       ``(ii) SPAS 12 or LAW 12;
       ``(iii) Striker 12; or
       ``(iv) Streetsweeper.
       ``(D) Detachable magazine rifles.--A semiautomatic rifle 
     that has an ability to accept a detachable magazine, and that 
     has--
       ``(i) a folding or telescoping stock;
       ``(ii) a threaded barrel;
       ``(iii) a pistol grip;
       ``(iv) a forward grip; or
       ``(v) a barrel shroud.
       ``(E) Fixed magazine rifles.--A semiautomatic rifle that 
     has a fixed magazine with the capacity to accept more than 10 
     rounds, except for an attached tubular device designed to 
     accept, and capable of operating only with, .22 caliber 
     rimfire ammunition.
       ``(F) Detachable magazine pistols.--A semiautomatic pistol 
     that has the ability to accept a detachable magazine, and 
     has--
       ``(i) a second pistol grip;
       ``(ii) a threaded barrel;
       ``(iii) a barrel shroud; or
       ``(iv) the capacity to accept a detachable magazine at a 
     location outside of the pistol grip.
       ``(G) Fixed magazine pistols.--A semiautomatic pistol with 
     a fixed magazine that has the capacity to accept more than 10 
     rounds.
       ``(H) Semiautomatic shotguns.--A semiautomatic shotgun that 
     has--
       ``(i) a folding or telescoping stock;
       ``(ii) a pistol grip;

[[Page S2856]]

       ``(iii) the ability to accept a detachable magazine; or
       ``(iv) a fixed magazine capacity of more than 5 rounds.
       ``(I) Other shotguns.--A shotgun with a revolving cylinder.
       ``(J) Frames or receivers.--A frame or receiver that is 
     identical to, or based substantially on the frame or receiver 
     of, a firearm described in any of subparagraphs (A) through 
     (I) or (L).
       ``(K) Conversion kits.--A conversion kit.
       ``(L) Military or law enforcment weapons.--A semiautomatic 
     rifle or shotgun originally designed for military or law 
     enforcement use, or a firearm based on the design of such a 
     firearm, that is not particularly suitable for sporting 
     purposes, as determined by the Attorney General. In making 
     the determination, there shall be a rebuttable presumption 
     that a firearm procured for use by the United States military 
     or any Federal law enforcement agency is not particularly 
     suitable for sporting purposes, and a firearm shall not be 
     determined to be particularly suitable for sporting purposes 
     solely because the firearm is suitable for use in a sporting 
     event.''.
       (c) Penalties.--
       (1) Violation of section 922(v).--Section 924(a)(1)(B) of 
     title 18, United States Code, is amended by striking ``or (q) 
     of section 922'' and inserting ``(r), or (v) of section 
     922''.
       (2) Use or possession during crime of violence or drug 
     trafficking crime.--Section 924(c)(1)(B)(i) of title 18, 
     United States Code, is amended by inserting ``or 
     semiautomatic assault weapon,'' after ``short-barreled 
     shotgun,''.
       (d) Identification Markings for Semiautomatic Assault 
     Weapons.--Section 923(i) of title 18, United States Code, is 
     amended by adding at the end the following: ``The serial 
     number of any semiautomatic assault weapon manufactured after 
     the date of the enactment of this sentence shall clearly show 
     the date on which the weapon was manufactured.''.
       (e) Related Definitions.--Section 921(a) of such title is 
     amended by adding at the end the following:
       ``(36) Barrel shroud.--The term `barrel shroud' means a 
     shroud that is attached to, or partially or completely 
     encircles, the barrel of a firearm so that the shroud 
     protects the user of the firearm from heat generated by the 
     barrel, but does not include a slide that encloses the 
     barrel, and does not include an extension of the stock along 
     the bottom of the barrel which does not encircle or 
     substantially encircle the barrel.
       ``(37) Conversion kit.--The term `conversion kit' means any 
     part or combination of parts designed and intended for use in 
     converting a firearm into a semiautomatic assault weapon, and 
     any combination of parts from which a semiautomatic assault 
     weapon can be assembled if the parts are in the possession or 
     under the control of a person.
       ``(38) Detachable magazine.--The term `detachable magazine' 
     means an ammunition feeding device that can readily be 
     inserted into a firearm.
       ``(39) Fixed magazine.--The term `fixed magazine' means an 
     ammunition feeding device contained in, or permanently 
     attached to, a firearm.
       ``(40) Folding or telescoping stock.--The term `folding or 
     telescoping stock' means a stock that folds, telescopes, or 
     otherwise operates to reduce the length, size, or any other 
     dimension, or otherwise enhances the concealability, of a 
     firearm.
       ``(41) Forward grip.--The term `forward grip' means a grip 
     located forward of the trigger that functions as a pistol 
     grip.
       ``(42) Pistol grip.--The term `pistol grip' means a grip, a 
     thumbhole stock, or any other characteristic that can 
     function as a grip.
       ``(43) Threaded barrel.--The term `threaded barrel' means a 
     feature or characteristic that is designed in such a manner 
     to allow for the attachment of a firearm as defined in 
     section 5845(a) of the National Firearms Act (26 U.S.C. 
     5845(a)).''.

     SEC. 3. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

       (a) Prohibition.--Section 922 of title 18, United States 
     Code, as amended by section 2(a), is amended by adding after 
     subsection (v) the following:
       ``(w)(1)(A) Except as provided in subparagraph (B), it 
     shall be unlawful for a person to transfer or possess a large 
     capacity ammunition feeding device.
       ``(B) Subparagraph (A) shall not apply to the possession or 
     transfer of any large capacity ammunition feeding device 
     otherwise lawfully possessed in the United States on the date 
     of enactment of this subsection.
       ``(2) It shall be unlawful for any person to import or 
     bring into the United States a large capacity ammunition 
     feeding device.
       ``(3) This subsection shall not apply to--
       ``(A) the manufacture for, transfer to, or possession by 
     the United States or a department or agency of the United 
     States or a State or a department, agency, or political 
     subdivision of a State, or a transfer to or possession by a 
     law enforcement officer employed by such an entity for 
     purposes of law enforcement (whether on or off duty);
       ``(B) the transfer to a licensee under title I of the 
     Atomic Energy Act of 1954 for purposes of establishing and 
     maintaining an onsite physical protection system and security 
     organization required by Federal law, or possession by an 
     employee or contractor of such licensee onsite for such 
     purposes or off-site for purposes of licensee-authorized 
     training or transportation of nuclear materials; or
       ``(C) the manufacture, transfer, or possession of any large 
     capacity ammunition feeding device by a licensed manufacturer 
     or licensed importer for the purposes of testing or 
     experimentation authorized by the Secretary.
       ``(4) It shall be unlawful for a licensed manufacturer, 
     licensed importer, or licensed dealer who transfers a large 
     capacity ammunition feeding device that was manufactured on 
     or before the date of enactment of this subsection, to fail 
     to certify to the Attorney General before the end of the 60-
     day period that begins with the date of the transfer, in 
     accordance with regulations prescribed by the Attorney 
     General, that the device was manufactured on or before the 
     date of enactment of this subsection.''.
       (b) Definition of Large Capacity Ammunition Feeding 
     Device.--Section 921(a) of title 18, United States Code, as 
     amended by section 2(b), is amended by adding after paragraph 
     (30) the following:
       ``(31) The term `large capacity ammunition feeding 
     device'--
       ``(A) means a magazine, belt, drum, feed strip, or similar 
     device that has a capacity of, or that can be readily 
     restored or converted to accept, more than 10 rounds of 
     ammunition; but
       ``(B) does not include an attached tubular device designed 
     to accept, and capable of operating only with, .22 caliber 
     rimfire ammunition.''.
       (c) Penalty.--Section 924(a)(1)(B) of title 18, United 
     States Code, as amended by section 2(c), is amended by 
     striking ``or (v)'' and inserting ``(v), or (w)''.
       (d) Identification Markings for Large Capacity Ammunition 
     Feeding Devices.--Section 923(i) of title 18, United States 
     Code, as amended by section 2(d), is amended by adding at the 
     end the following: ``A large capacity ammunition feeding 
     device manufactured after the date of the enactment of this 
     sentence shall be identified by a serial number that clearly 
     shows that the device was manufactured or imported after the 
     effective date of this subsection, and such other 
     identification as the Attorney General may by regulation 
     prescribe.
       (e) Ban on Transfer of Semiautomatic Assault Weapon With 
     Large Capacity Ammunition Feeding Device.--
       (1) In general.--Section 922 of title 18, United States 
     Code, is amended by inserting at the end the following:
       ``(z) It shall be unlawful for any person to transfer any 
     assault weapon with a large capacity ammunition feeding 
     device.''.
       (2) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(8) Whoever knowingly violates section 922(z) shall be 
     fined under this title, imprisoned not more than 10 years, or 
     both.
       ``(9) Whoever knowingly violates section 922(w)(4) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.''.

     SEC. 4. STUDY BY ATTORNEY GENERAL.

       (a) Study.--The Attorney General shall investigate and 
     study the effect of this Act and the amendments made by this 
     Act, and in particular shall determine their impact, if any, 
     on violent and drug trafficking crime. The study shall be 
     conducted over a period of 18 months, commencing 12 months 
     after the date of enactment of this Act.
       (b) Report.--Not later than 30 months after the date of 
     enactment of this Act, the Attorney General shall prepare and 
     submit to Congress a report setting forth in detail the 
     findings and determinations made in the study under 
     subsection (a).

     SEC. 5. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.

       Section 922(x) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking the period and 
     inserting a semicolon; and
       (B) by adding at the end the following:
       ``(C) a semiautomatic assault weapon; or
       ``(D) a large capacity ammunition feeding device.''; and
       (2) in paragraph (2)--
       (A) in subparagraph (B), by striking the period and 
     inserting a semicolon; and
       (B) by adding at the end the following:
       ``(C) a semiautomatic assault weapon; or
       ``(D) a large capacity ammunition feeding device.''.

     SEC. 6. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the date of enactment of this Act.
                                 ______