[Congressional Record Volume 151, Number 54 (Thursday, April 28, 2005)]
[Senate]
[Pages S4549-S4553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Corzine, and Mr. Durbin):
  S. 935. A bill to regulate .50 caliber sniper weapons designed for 
the taking of human life and the destruction of materiel, including 
armored vehicles and components of the Nation's critical 
infrastructure; to the Committee on Finance.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Fifty Caliber 
Sniper Weapons Regulation Act of 2005. I am joined by Senators Corzine 
and Durbin.
  This bill would add the .50-caliber sniper rifle to the list of 
``firearms'' governed by the National Firearms Act. This means that 
this weapon would be subject to the tax and registration rules imposed 
by the Internal Revenue Service under that Act. The practical effect 
would be that a transfer of such a weapon, by sale or by gift, would 
require registration pursuant to IRS regulations.
  The bill would not ban any guns, and existing .50 caliber owners 
would be unaffected by this law until, and unless, they sell or give 
away their weapon.
  I believe this is a reasonable compromise, respecting the rights of 
those who have followed the law, but making future changes in the law 
to regulate new .50-caliber guns.
  .50-caliber sniper rifles, manufactured by a small handful of 
companies, are deadly, military weapons, designed for combat with 
wartime enemies. They are capable of piercing light armor at more than 
four miles. The guns are designed to enable a single soldier to destroy 
enemy aircraft, HumVees, bunkers, fuel stations, and communication 
centers, as well as target and kill enemy personnel. As a result, their 
use by military organizations worldwide has been spreading rapidly.
  This is a weapon designed to kill people efficiently, or destroy 
machinery, at a great distance. 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, and the potential 
for much worse.
  These weapons are deadly accurate up to 6,000 feet. This means that a 
shooter using a .50-caliber weapon can reliably hit a target more than 
a mile away. To further illustrate what this means, a shooter standing 
on the steps of the Jefferson Memorial can kill a person standing on 
the White House lawn, or shoot down the President's helicopter.
  And the gun is effective at more than four miles. Although it may be 
hard to aim at this distance, the gun will still have its desired 
destructive effect. That means a shooter in Arlington Cemetery can send 
a bullet crashing into this building.
  This is, of course, is using ordinary ammunition. I had one of my 
staff members obtain a blank .50-caliber bullet. I was amazed to see 
what was brought back. Senate rules forbid me from bringing the bullet 
to the floor, so I will describe it for my colleagues.

[[Page S4552]]

The casing for this bullet is about five inches in length, and three-
quarters-of-an-inch in diameter. The entire round is almost as big as 
my hand.
  But don't just take my word for it. Each one of my colleagues should 
examine these bullets for themselves. Take a look at the projectile 
these weapons fire. This is not a recreational gun that can be used for 
hunting.
  This gun can be used by civilians against armored limousines, 
bunkers, individuals, and aircraft--in fact, one advertisement for the 
gun promoted the weapon as able to ``wreck several million dollars'' 
worth of jet aircraft with one or two dollars worth of cartridges.''
  A recent CNN news report powerfully illustrates this issue. In one 
on-camera demonstration, a .50 caliber bullet is fired through the door 
of a commercial jetliner--it continues to blast through a steel plate. 
A marksman on the steps of the Capitol could bring down a plane coming 
into National Airport.
  This gun is so powerful that one dealer told undercover General 
Accountability Office 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.'' In fact, 
many ranges used for target practice do not even have enough safety 
features to accommodate these guns.
  A study by the GAO 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 tremendous threat'' for ``those most 
shocking and horrifying crimes, assassinations, murders, assaults on 
law enforcement officers.''
  But these fears are not hypothetical. Recently we have learned that 
Al Qaeda has received .50-caliber sniper rifles--rifles that were 
manufactured right here in the United States. Nearly two years ago 
today, Essam al Ridi, an Al Qaeda associate, 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 
likely be used against Americans.
  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 then-Governor Engler, 
Federal judges, and our colleague, Senator Levin. 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 ten 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.
  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 anti-sniper 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.
  I am glad to know our military has given some consideration to the 
threats posed by .50-caliber weapons, but I have real concerns over the 
threats posed to civilian aviation.
  Our Nation's airports in no way match the security measure 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.
  Experts have agreed that .50-caliber weapons aimed at a plane while 
stationary, or taking off or arriving, could be just as disastrous as a 
hit from a missile launcher. Gal Luff, Co-Director of the Institute for 
the Analysis of Global Security, has described .50-caliber weapons as 
``lethal to slow moving planes.''
  For further illustration 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 ten 
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 
20mm projectile to include such targets as helicopters, aircrafts, 
light armor vehicles, ships, and light fortifications.''
  Ammunition for these guns is also readily available in stores and on 
the Internet. This is perfectly legal. Even those categories which are 
illegal, such as the ``armor piercing incendiary'' ammunition that 
explodes on impact can, according to a recent ``60 Minutes'' news 
report, be purchased online.
  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 shoot down a helicopter.
  Current law classifies .50-caliber guns as ``long guns,'' subject to 
the least government regulation for any firearm. In other words, the 
law makes no distinction between the .22-caliber target rifle, a .30-06 
caliber hunter's weapon, and this large-caliber combat weapon. Simply, 
I believe the law is wrong and needs to be changed.
  This weapon is not in the same class as other rifles. Its power and 
range are of an order of magnitude higher.
  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.
  Just this past year, the RAND Corporation released a report which 
identified eleven potential terrorist scenarios at Los Angeles 
International Airport. In one scenario, ``a sniper, using a .50 caliber 
rifle, fires at parked and taxiing aircraft.'' The report concludes: 
``we were unable to identify any truly satisfactory solutions'' for 
such an attack.
  Last June, a Department of Homeland Security representative told the 
Dallas Morning News that ``we remain concerned about any weapon of 
choice that could potentially be used by a terrorist, including a .50-
caliber rifle.'' I think the Department's concerns are well founded.
  The bottom line is that the .50-caliber sniper weapon represents a 
national security threat requiring action by Congress.
  This is a weapon which should not be available to terrorists and 
criminals, and should be responsibly controlled through carefully 
crafted regulation.
  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. 935

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S4553]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fifty Caliber Sniper Weapons 
     Regulation Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Certain firearms originally designed and built for use 
     as long-range .50 caliber military sniper weapons are 
     increasingly being sold in the United States 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 components of the national 
     critical infrastructure, such as radar 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.
       (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 THE 
                   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 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) Definitions.--
       (1) In general.--Section 5845 the Internal Revenue Code of 
     1986 (defining terms relating to firearms) is amended by 
     adding at the end the following:
       ``(n) Fifty 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.--Section 5845(c) 
     of the Internal Revenue Code of 1986 (defining rifle) is 
     amended by inserting ``or from a bipod or other support'' 
     after ``shoulder''.

     SEC. 4. EFFECTIVE DATE.

       The amendments made by this Act shall only apply to a .50 
     caliber sniper weapon made or transferred after the date of 
     enactment of this Act.
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