109th CONGRESS
1st Session
S. 645
To reinstate the Public Safety and Recreational Firearms Use Protection
Act.
IN THE SENATE OF THE UNITED STATES
March 16, 2005
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) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To reinstate the Public Safety and Recreational Firearms Use Protection
Act.
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;
`(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;
`(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;
`(xiv) SKS with detachable magazine;
`(xviii) Sturm, Ruger Mini-14;
`(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--
`(ii) MAC-10, MAC-11, or MPA3;
`(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or
`(C) SHOTGUNS- The following shotguns or copies or duplicates thereof--
`(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;
`(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;
`(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;
`(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.'.
(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--
(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
(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.
END
