[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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