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FeinStein Assault Weapons Ban of 2013
11 years 10 months ago - 11 years 10 months ago #16628
by OleCowboy
FeinStein Assault Weapons Ban of 2013 was created by OleCowboy
Here it is, this is there real deal (no I did NOT add the smiling face thing, must be a glitch with the AR 10 Forum software):
thomas.loc.gov/cgi-bin/query/F?c113:1:./.../~c113ECq5zW:e145251
:
S.150
Assault Weapons Ban of 2013 (Introduced in Senate - IS)
SEC. 2. DEFINITIONS.
(a) In General- Section 921(a) of title 18, United States Code, is amended--
(1) by inserting after paragraph (29) the following:
`(30) The term `semiautomatic pistol' means any repeating pistol that--
`(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and
`(
requires a separate pull of the trigger to fire each cartridge.
`(31) The term `semiautomatic shotgun' means any repeating shotgun that--
`(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and
`( requires a separate pull of the trigger to fire each cartridge.'; and
(2) by adding at the end the following:
`(36) The term `semiautomatic assault weapon' means any of the following, regardless of country of manufacture or caliber of ammunition accepted:
`(A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any 1 of the following:
`(i) A pistol grip.
`(ii) A forward grip.
`(iii) A folding, telescoping, or detachable stock.
`(iv) A grenade launcher or rocket launcher.
`(v) A barrel shroud.
`(vi) A threaded barrel.
`( 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.
`(C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun.
`(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any 1 of the following:
`(i) A threaded barrel.
`(ii) A second pistol grip.
`(iii) A barrel shroud.
`(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip.
`(v) A semiautomatic version of an automatic firearm.
`(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
`(F) A semiautomatic shotgun that has any 1 of the following:
`(i) A folding, telescoping, or detachable stock.
`(ii) A pistol grip.
`(iii) A fixed magazine with the capacity to accept more than 5 rounds.
`(iv) The ability to accept a detachable magazine.
`(v) A forward grip.
`(vi) A grenade launcher or rocket launcher.
`(G) Any shotgun with a revolving cylinder.
`(H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
`(i) All AK types, including the following:
`(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10, and WUM.
`(II) IZHMASH Saiga AK.
`(III) MAADI AK47 and ARM.
`(IV) Norinco 56S, 56S2, 84S, and 86S.
`(V) Poly Technologies AK47 and AKS.
`(ii) All AR types, including the following:
`(I) AR-10.
`(II) AR-15.
`(III) Armalite M15 22LR Carbine.
`(IV) Armalite M15-T.
`(V) Barrett REC7.
`(VI) Beretta AR-70.
`(VII) Bushmaster ACR.
`(VIII) Bushmaster Carbon 15.
`(IX) Bushmaster MOE series.
`(X) Bushmaster XM15.
`(XI) Colt Match Target Rifles.
`(XII) DoubleStar AR rifles.
`(XIII) DPMS Tactical Rifles.
`(XIV) Heckler & Koch MR556.
`(XV) Olympic Arms.
`(XVI) Remington R-15 rifles.
`(XVII) Rock River Arms LAR-15.
`(XVIII) Sig Sauer SIG516 rifles.
`(XIX) Smith & Wesson M&P15 Rifles.
`(XX) Stag Arms AR rifles.
`(XXI) Sturm, Ruger & Co. SR556 rifles.
`(iii) Barrett M107A1.
`(iv) Barrett M82A1.
`(v) Beretta CX4 Storm.
`(vi) Calico Liberty Series.
`(vii) CETME Sporter.
`(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
`(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
`(x) Feather Industries AT-9.
`(xi) Galil Model AR and Model ARM.
`(xii) Hi-Point Carbine.
`(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
`(xiv) Kel-Tec Sub-2000, SU-16, and RFB.
`(xv) SIG AMT, SIG PE-57, Sig Sauer SG 550, and Sig Sauer SG 551.
`(xvi) Springfield Armory SAR-48.
`(xvii) Steyr AUG.
`(xviii) Sturm, Ruger Mini-14 Tactical Rife M-14/20CF.
`(xix) All Thompson rifles, including the following:
`(I) Thompson M1SB.
`(II) Thompson T1100D.
`(III) Thompson T150D.
`(IV) Thompson T1B.
`(V) Thompson T1B100D.
`(VI) Thompson T1B50D.
`(VII) Thompson T1BSB.
`(VIII) Thompson T1-C.
`(IX) Thompson T1D.
`(X) Thompson T1SB.
`(XI) Thompson T5.
`(XII) Thompson T5100D.
`(XIII) Thompson TM1.
`(XIV) Thompson TM1C.
`(xx) UMAREX UZI Rifle.
`(xxi) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine.
`(xxii) Valmet M62S, M71S, and M78.
`(xxiii) Vector Arms UZI Type.
`(xxiv) Weaver Arms Nighthawk.
`(xxv) Wilkinson Arms Linda Carbine.
`(I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
`(i) All AK-47 types, including the following:
`(I) Centurion 39 AK pistol.
`(II) Draco AK-47 pistol.
`(III) HCR AK-47 pistol.
`(IV) IO Inc. Hellpup AK-47 pistol.
`(V) Krinkov pistol.
`(VI) Mini Draco AK-47 pistol.
`(VII) Yugo Krebs Krink pistol.
`(ii) All AR-15 types, including the following:
`(I) American Spirit AR-15 pistol.
`(II) Bushmaster Carbon 15 pistol.
`(III) DoubleStar Corporation AR pistol.
`(IV) DPMS AR-15 pistol.
`(V) Olympic Arms AR-15 pistol.
`(VI) Rock River Arms LAR 15 pistol.
`(iii) Calico Liberty pistols.
`(iv) DSA SA58 PKP FAL pistol.
`(v) Encom MP-9 and MP-45.
`(vi) Heckler & Koch model SP-89 pistol.
`(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and TEC-DC9.
`(viii) Kel-Tec PLR 16 pistol.
`(ix) The following MAC types:
`(I) MAC-10.
`(II) MAC-11.
`(III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.
`(IV) Military Armament Corp. Ingram M-11.
`(V) Velocity Arms VMAC.
`(x) Sig Sauer P556 pistol.
`(xi) Sites Spectre.
`(xii) All Thompson types, including the following:
`(I) Thompson TA510D.
`(II) Thompson TA5.
`(xiii) All UZI types, including Micro-UZI.
`(J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
`(i) Franchi LAW-12 and SPAS 12.
`(ii) All IZHMASH Saiga 12 types, including the following:
`(I) IZHMASH Saiga 12.
`(II) IZHMASH Saiga 12S.
`(III) IZHMASH Saiga 12S EXP-01.
`(IV) IZHMASH Saiga 12K.
`(V) IZHMASH Saiga 12K-030.
`(VI) IZHMASH Saiga 12K-040 Taktika.
`(iii) Streetsweeper.
`(iv) Striker 12.
`(K) All belt-fed semiautomatic firearms, including TNW M2HB.
`(L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled.
`(M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (, (C), (F), (G), (H), (J), or (K).
`(37) The term `large capacity ammunition feeding device'--
`(A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and
`( does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'.
(b) Related Definitions- Section 921(a) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following:
`(38) The term `barrel shroud'--
`(A) 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; and
`( does not include--
`(i) a slide that partially or completely encloses the barrel; or
`(ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel.
`(39) The term `detachable magazine' means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action.
`(40) The term `fixed magazine' means an ammunition feeding device that is permanently fixed to the firearm in such a manner that it cannot be removed without disassembly of the firearm.
`(41) The term `folding, telescoping, or detachable stock' means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm.
`(42) The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip.
`(43) The term `rocket' means any simple or complex tubelike device containing combustibles that on being ignited liberate gases whose action propels the tube through the air and has a propellant charge of not more than 4 ounces.
`(44) The term `grenade launcher or rocket launcher' means an attachment for use on a firearm that is designed to propel a grenade, rocket, or other similar destructive device.
`(45) The term `permanently inoperable' means a firearm which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition.
`(46) The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip.
`(47) The term `threaded barrel' means a feature or characteristic that is designed in such a manner to allow for the attachment of a device such as a firearm silencer or a flash suppressor.
`(48) The term `qualified law enforcement officer' has the meaning given the term in section 926B of title 18, United States Code.
`(49) The term `grandfathered semiautomatic assault weapon' means any semiautomatic assault weapon the importation, possession, sale, or transfer of which would be unlawful under section 922(v) but for the exception under paragraph (2) of such section.
`(50) The term `belt-fed semiautomatic firearm' means any repeating firearm that--
`(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round;
`( requires a separate pull of the trigger to fire each cartridge; and
`(C) has the capacity to accept a belt ammunition feeding device.'.
SEC. 3. RESTRICTIONS ON ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.
• (a) In General- Section 922 of title 18, United States Code, is amended--
◦ (1) by inserting after subsection (u) the following:
• `(v)(1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon.
• `(2) Paragraph (1) shall not apply to the possession, sale, or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of the Assault Weapons Ban of 2013.
• `(3) Paragraph (1) shall not apply to any firearm that--
◦ `(A) is manually operated by bolt, pump, lever, or slide action;
◦ `( has been rendered permanently inoperable; or
◦ `(C) is an antique firearm, as defined in section 921 of this title.
• `(4) Paragraph (1) shall not apply to--
◦ `(A) the importation for, manufacture for, sale to, 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 sale or transfer to or possession by a qualified law enforcement officer employed 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, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty);
◦ `( the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site 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 in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon--
▪ `(i) sold or transferred to the individual by the agency upon such retirement; or
▪ `(ii) that the individual purchased, or otherwise obtained, for official use before such retirement;
◦ `(D) the importation, sale, 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 Attorney General; or
◦ `(E) the importation, sale, manufacture, transfer, or possession of a firearm specified in Appendix A to this section, as such firearm was manufactured on the date of introduction of the Assault Weapons Ban of 2013.
• `(5) For purposes of paragraph (4)(A), the term `campus law enforcement officer' means an individual who is--
◦ `(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
◦ `( responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;
◦ `(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and
◦ `(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.
• `(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and, if available, 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 a copy of the record established under this paragraph to the Congress and make the record available to the general public.
• `(w)(1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device.
• `(2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Assault Weapons Ban of 2013.
• `(3) Paragraph (1) shall not apply to--
◦ `(A) the importation for, manufacture for, sale to, 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 sale or transfer to or possession by a qualified law enforcement officer employed 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 for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty);
◦ `( the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site 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 in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device--
▪ `(i) sold or transferred to the individual by the agency upon such retirement; or
▪ `(ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or
◦ `(D) the importation, sale, 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 Attorney General.
• `(4) For purposes of paragraph (3)(A), the term `campus law enforcement officer' means an individual who is--
◦ `(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
◦ `( responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;
◦ `(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and
◦ `(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.'; and
◦ (2) by adding at the end the following:
• `(aa) Secure Storage or Safety Device Requirement for Grandfathered Semiautomatic Assault Weapons- It shall be unlawful for any person, other than a licensed importer, licensed manufacturer, or licensed dealer, to store or keep under the dominion or control of that person any grandfathered semiautomatic assault weapon that the person knows, or has reasonable cause to believe, will be accessible to an individual prohibited from receiving or possessing a firearm under subsection (g), (n), or (x), or any provision of State law, unless the grandfathered semiautomatic assault weapon is--
◦ `(1) carried on the person, or within such close proximity that the person can readily retrieve and use the grandfathered semiautomatic assault weapon as if the grandfathered semiautomatic assault weapon were carried on the person; or
◦ `(2) locked by a secure gun storage or safety device that the prohibited individual has no ability to access.'.
• (b) 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 enactment of the Assault Weapons Ban of 2013 shall clearly show the date on which the weapon was manufactured or made, legibly and conspicuously engraved or cast on the weapon, and such other identification as the Attorney General shall by regulations prescribe.'.
• (c) Identification Markings for Large Capacity Ammunition Feeding Devices- Section 923(i) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of enactment of the Assault Weapons Ban of 2013 shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe.'.
• (d) Seizure and Forfeiture of Large Capacity Ammunition Feeding Devices- Subsection (d) of section 924 of title 18, United States Code, is amended--
◦ (1) in paragraph (1)--
▪ (A) by inserting `or large capacity ammunition feeding device' after `firearm or ammunition' each time it appears;
▪ ( by inserting `or large capacity ammunition feeding device' after `firearms or ammunition' each time it appears; and
▪ (C) by striking `or (k)' and inserting `(k), (r), (v), or (w)';
◦ (2) in paragraph (2)--
▪ (A) in subparagraph (C), by inserting `or large capacity ammunition feeding devices' after `firearms or quantities of ammunition'; and
◦ (3) in paragraph (3)--
▪ (A) in subparagraph (E), by inserting `922(r), 922(v), 922(w),' after `922(n),'.
• (e) Appendix A- Section 922 of title 18, United States Code, is amended by adding at the end the following:
`APPENDIX A--FIREARMS EXEMPTED BY THE ASSAULT WEAPONS BAN OF 2013
`Centerfire Rifles--Autoloaders
◦ `Benelli R1 Rifle
◦ `Browning BAR Mark II Safari Magnum Rifle
◦ `Browning BAR Mark II Safari Semi-Auto Rifle
◦ `Browning BAR Stalker Rifles
◦ `Browning High-Power Rifle
◦ `Browning Longtrac Rifle
◦ `Browning Shorttrac Rifle
◦ `Heckler & Koch HK630
◦ `Heckler & Koch HK770
◦ `Heckler & Koch HK940
◦ `Heckler & Koch Model 300 Rifle
◦ `Heckler & Koch SL7 Rifle
◦ `Iver Johnson 50th Anniversary M-1 Carbine (w/o folding stock)
◦ `Iver Johnson M-1 Carbine (w/o folding stock)
◦ `M-1 Carbines with standard fixed stock
◦ `M-1 Garand with fixed 8 round capacity and standard stock
◦ `Marlin Model 9 Camp Carbine
◦ `Marlin Model 45 Carbine
◦ `Remington Model 74
◦ `Remington Model 81
◦ `Remington Model 740
◦ `Remington Model 742
◦ `Remington Model 750 Synthetic
◦ `Remington Model 750 Woodmaster
◦ `Remington Model 7400 Rifle
◦ `Remington Model 7400 Special Purpose Auto Rifle
◦ `Remington Nylon 66 Auto-Loading Rifle
◦ `Ruger Mini 30
◦ `Ruger Mini-14 (w/o folding stock)
◦ `Ruger PC4
◦ `Ruger PC9
◦ `SKS type rifles with fixed 10 round magazine and standard fixed stock
◦ `Winchester Model SXR
`Centerfire Rifles--Lever & Slide
◦ `Action Arms Timber Wolf Pump Action
◦ `Beretta 1873 Renegade Lever Action
◦ `Beretta Gold Rush Slide Action
◦ `Big Horn Armory Model 89
◦ `Browning BLR Model 181 Lever Action, All Models
◦ `Browning BPR Pump Rifle
◦ `Browning Model 53 Lever Action
◦ `Browning Model 65 Grade 1 Lever Action Rifle
◦ `Browning Model 71 Rifle and Carbine
◦ `Browning Model 81 BLR
◦ `Browning Model 81 BLR Lever-Action Rifle
◦ `Browning Model 81 Long Action BLR
◦ `Browning Model 1886 High Grade Carbine
◦ `Browning Model 1886 Lever-Action Carbine
◦ `Browning Model B-92 Carbine
◦ `Charles Daly Model 1892 Lever Action, All Models
◦ `Chiappa 1886 Lever Action Rifles
◦ `Cimarron 1860 Henry Replica
◦ `Cimarron 1866 Winchester Replicas
◦ `Cimarron 1873 30" Express Rifle
◦ `Cimarron 1873 Short Rifle
◦ `Cimarron 1873 Sporting Rifle
◦ `Cimarron 1873 Winchester Replicas
◦ `Dixie Engraved 1873 Rifle
◦ `Dixie Lightning Rifle and Carbines
◦ `E.M.F. 1860 Henry Rifle
◦ `E.M.F. 1866 Yellowboy Lever Actions
◦ `E.M.F. Model 73 Lever-Action Rifle
◦ `E.M.F. Model 1873 Lever Actions
◦ `Henry .30/30 Lever Action Carbine
◦ `Henry Big Boy .357 Magnum
◦ `Henry Big Boy .44 Magnum
◦ `Henry Big Boy .45 Colt
◦ `Henry Big Boy Deluxe Engraved .44 Magnum
◦ `Henry Big Boy Deluxe Engraved .45 Colt
◦ `Marlin Model 30AS Lever-Action Carbine
◦ `Marlin Model 62 Lever Action
◦ `Marlin Model 93 Lever Action
◦ `Marlin Model 308MX
◦ `Marlin Model 308MXLR
◦ `Marlin Model 336 Deluxe
◦ `Marlin Model 336C
◦ `Marlin Model 336CS Lever-Action Carbine
◦ `Marlin Model 336DL Lever Action
◦ `Marlin Model 336SS
◦ `Marlin Model 336W
◦ `Marlin Model 336XLR
◦ `Marlin Model 338MX
◦ `Marlin Model 338MXLR
◦ `Marlin Model 444
◦ `Marlin Model 444 Lever-Action
◦ `Marlin Model 444XLR
◦ `Marlin Model 1894 Marlin Model 1894 Cowboy
◦ `Marlin Model 1894 Lever Action, All Models
◦ `Marlin Model 1894C
◦ `Marlin Model 1894CL Classic
◦ `Marlin Model 1894CS Carbine
◦ `Marlin Model 1894S Lever-Action Carbine
◦ `Marlin Model 1894SS
◦ `Marlin Model 1895
◦ `Marlin Model 1895 Cowboy
◦ `Marlin Model 1895 Lever Action, All Models
◦ `Marlin Model 1895G
◦ `Marlin Model 1895GS
◦ `Marlin Model 1895M
◦ `Marlin Model 1895MXLR
◦ `Marlin Model 1895SBL
◦ `Marlin Model 1895SS Lever-Action Rifle
◦ `Marlin Model 1895XLR
◦ `Marlin XLR Lever Action Rifles
◦ `Mitchell 1858 Henry Replica
◦ `Mitchell 1866 Winchester Replica
◦ `Mitchell 1873 Winchester Replica
◦ `Mossberg 464 Lever Action Rifle
◦ `Mossberg Model 472 Lever Action
◦ `Mossberg Model 479 Lever Action
◦ `Navy Arms 1866 Yellowboy Rifle
◦ `Navy Arms 1873 Sporting Rifle
◦ `Navy Arms 1873 Winchester-Style Rifle
◦ `Navy Arms 1892 Short Rifle
◦ `Navy Arms Henry Carbine
◦ `Navy Arms Henry Trapper
◦ `Navy Arms Iron Frame Henry
◦ `Navy Arms Military Henry Rifle
◦ `Puma Bounty Hunter Rifle
◦ `Puma Model 92 Rifles & Carbines
◦ `Remington 7600 Slide Action
◦ `Remington Model 6 Pump Action
◦ `Remington Model 14, 14 1/2 Pump Actions
◦ `Remington Model 141 Pump Action
◦ `Remington Model 760 Slide Actions
◦ `Remington Model 7600 Special Purpose Slide Action
◦ `Remington Model 7600 Synthetic
◦ `Remington Model 7615 Camo Hunter
◦ `Remington Model 7615 Ranch Carbine
◦ `Remington Model 7615 SPS
◦ `Rossi M92 SRC Saddle-Ring Carbine
◦ `Rossi M92 SRS Short Carbine
◦ `Rossi R92 Lever Action Carbines
◦ `Ruger Model 96/44 Lever Action
◦ `Savage 99C Lever-Action Rifle
◦ `Savage Model 170 Pump Action
◦ `Taurus Thunderbolt Pump Action
◦ `Taylor's & CO., Inc. 1865 Spencer Carbine/Rifle
◦ `Taylor's & CO., Inc. 1892 Carbine/Rifle
◦ `U.S. Fire Arms Standard Lightning Magazine Rifle
◦ `Uberti 1866 Sporting Rifle Uberti 1873 Sporting Rifle
◦ `Uberti 1876 Rifle
◦ `Uberti 1883 Burgess Lever Action Rifle/Carbine
◦ `Uberti Henry Rifle
◦ `Uberti Lightning Rifle/Carbine
◦ `Winchester Lever Actions, All Other Center Fire Models
◦ `Winchester Model 94 Big Bore Side Eject
◦ `Winchester Model 94 Ranger Side Eject Lever-Action Rifle
◦ `Winchester Model 94 Side Eject Lever-Action Rifle
◦ `Winchester Model 94 Trapper Side Eject
◦ `Winchester Model 94 Wrangler Side Eject
◦ `Winchester Model 1895 Safari Centennial
`Centerfire Rifles--Bolt Action
◦ `Accurate Arms Raptor & Backpack Bolt Action Rifles
◦ `Alpine Bolt-Action Rifle
◦ `Anschutz 1700D Bavarian Bolt-Action Rifle
◦ `Anschutz 1700D Classic Rifles
◦ `Anschutz 1700D Custom Rifles
◦ `Anschutz 1733D Mannlicher Rifle
◦ `Arnold Arms African Safari & Alaskan Trophy Rifles
◦ `A-Square Caesar Bolt-Action Rifle
◦ `A-Square Genghis Khan Bolt Action Rifle
◦ `A-Square Hamilcar Bolt Action Rifle
◦ `A-Square Hannibal Bolt-Action Rifle
◦ `Auguste Francotte Bolt-Action Rifles
◦ `Bansners Ultimate Bolt Action Rifles
◦ `Beeman/HW 60J Bolt-Action Rifle
`Benton & Brown Firearms, Inc.
SEC. 4. PENALTIES.
• Section 924(a)(1)( of title 18, United States Code, is amended by striking `or (q) of section 922' and inserting `(q), (r), (v), (w), or (aa) of section 922'.
SEC. 5. BACKGROUND CHECKS FOR TRANSFERS OF GRANDFATHERED SEMIAUTOMATIC ASSAULT WEAPONS.
• (a) In General- Section 922 of title 18, United States Code, as amended by this Act, is amended--
(1) by repealing subsection (s);
(2) by redesignating subsection (t) as subsection (s);
(3) in subsection (s), as redesignated--
(A) in paragraph (3)(C)(ii), by striking `(as defined in subsection (s)(
)'; and
( by adding at the end the following:
◦ `(7) In this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.'; and
(4) by inserting after subsection (s), as redesignated, the following:
• `(t)(1) Beginning on the date that is 90 days after the date of enactment of the Assault Weapons Ban of 2013, it shall be unlawful for any person who is not licensed under this chapter to transfer a grandfathered semiautomatic assault weapon to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken custody of the grandfathered semiautomatic assault weapon for the purpose of complying with subsection (s). Upon taking custody of the grandfathered semiautomatic assault weapon, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the grandfathered semiautomatic assault weapon from the licensee's inventory to the unlicensed transferee.
• `(2) Paragraph (1) shall not apply to a temporary transfer of possession for the purpose of participating in target shooting in a licensed target facility or established range if--
◦ `(A) the grandfathered semiautomatic assault weapon is, at all times, kept within the premises of the target facility or range; and
◦ `( the transferee is not known to be prohibited from possessing or receiving a grandfathered semiautomatic assault weapon.
• `(3) For purposes of this subsection, the term `transfer'--
◦ `(A) shall include a sale, gift, or loan; and
◦ `( does not include temporary custody of the grandfathered semiautomatic assault weapon for purposes of examination or evaluation by a prospective transferee.
• `(4)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
• `( Regulations promulgated under this paragraph--
◦ `(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and
◦ `(ii) shall not include any provision imposing recordkeeping requirements on any unlicensed transferor or requiring licensees to facilitate transfers in accordance with paragraph (1).'.
• (b) Technical and Conforming Amendments-
(1) SECTION 922- Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking `, (g)(5)(, and (s)(3)((v)(II)' and inserting `and (g)(5)('.
(2) SECTION 925A- Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking `subsection (s) or (t) of section 922' and inserting `section 922(s)'.
• (c) Effective Date- The amendments made by this section shall take effect 90 days after the date of enactment of this Act.
SEC. 6. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.
• Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is amended by adding at the end the following:
`(H) Compensation for surrendered semiautomatic assault weapons and large capacity ammunition feeding devices, as those terms are defined in section 921 of title 18, United States Code, under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices.'.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.
S.150
Assault Weapons Ban of 2013 (Introduced in Senate - IS)
SEC. 2. DEFINITIONS.
(a) In General- Section 921(a) of title 18, United States Code, is amended--
(1) by inserting after paragraph (29) the following:
`(30) The term `semiautomatic pistol' means any repeating pistol that--
`(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and
`(
requires a separate pull of the trigger to fire each cartridge.`(31) The term `semiautomatic shotgun' means any repeating shotgun that--
`(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and
`(
requires a separate pull of the trigger to fire each cartridge.'; and(2) by adding at the end the following:
`(36) The term `semiautomatic assault weapon' means any of the following, regardless of country of manufacture or caliber of ammunition accepted:
`(A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any 1 of the following:
`(i) A pistol grip.
`(ii) A forward grip.
`(iii) A folding, telescoping, or detachable stock.
`(iv) A grenade launcher or rocket launcher.
`(v) A barrel shroud.
`(vi) A threaded barrel.
`(
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.`(C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun.
`(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any 1 of the following:
`(i) A threaded barrel.
`(ii) A second pistol grip.
`(iii) A barrel shroud.
`(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip.
`(v) A semiautomatic version of an automatic firearm.
`(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
`(F) A semiautomatic shotgun that has any 1 of the following:
`(i) A folding, telescoping, or detachable stock.
`(ii) A pistol grip.
`(iii) A fixed magazine with the capacity to accept more than 5 rounds.
`(iv) The ability to accept a detachable magazine.
`(v) A forward grip.
`(vi) A grenade launcher or rocket launcher.
`(G) Any shotgun with a revolving cylinder.
`(H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
`(i) All AK types, including the following:
`(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10, and WUM.
`(II) IZHMASH Saiga AK.
`(III) MAADI AK47 and ARM.
`(IV) Norinco 56S, 56S2, 84S, and 86S.
`(V) Poly Technologies AK47 and AKS.
`(ii) All AR types, including the following:
`(I) AR-10.
`(II) AR-15.
`(III) Armalite M15 22LR Carbine.
`(IV) Armalite M15-T.
`(V) Barrett REC7.
`(VI) Beretta AR-70.
`(VII) Bushmaster ACR.
`(VIII) Bushmaster Carbon 15.
`(IX) Bushmaster MOE series.
`(X) Bushmaster XM15.
`(XI) Colt Match Target Rifles.
`(XII) DoubleStar AR rifles.
`(XIII) DPMS Tactical Rifles.
`(XIV) Heckler & Koch MR556.
`(XV) Olympic Arms.
`(XVI) Remington R-15 rifles.
`(XVII) Rock River Arms LAR-15.
`(XVIII) Sig Sauer SIG516 rifles.
`(XIX) Smith & Wesson M&P15 Rifles.
`(XX) Stag Arms AR rifles.
`(XXI) Sturm, Ruger & Co. SR556 rifles.
`(iii) Barrett M107A1.
`(iv) Barrett M82A1.
`(v) Beretta CX4 Storm.
`(vi) Calico Liberty Series.
`(vii) CETME Sporter.
`(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
`(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
`(x) Feather Industries AT-9.
`(xi) Galil Model AR and Model ARM.
`(xii) Hi-Point Carbine.
`(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
`(xiv) Kel-Tec Sub-2000, SU-16, and RFB.
`(xv) SIG AMT, SIG PE-57, Sig Sauer SG 550, and Sig Sauer SG 551.
`(xvi) Springfield Armory SAR-48.
`(xvii) Steyr AUG.
`(xviii) Sturm, Ruger Mini-14 Tactical Rife M-14/20CF.
`(xix) All Thompson rifles, including the following:
`(I) Thompson M1SB.
`(II) Thompson T1100D.
`(III) Thompson T150D.
`(IV) Thompson T1B.
`(V) Thompson T1B100D.
`(VI) Thompson T1B50D.
`(VII) Thompson T1BSB.
`(VIII) Thompson T1-C.
`(IX) Thompson T1D.
`(X) Thompson T1SB.
`(XI) Thompson T5.
`(XII) Thompson T5100D.
`(XIII) Thompson TM1.
`(XIV) Thompson TM1C.
`(xx) UMAREX UZI Rifle.
`(xxi) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine.
`(xxii) Valmet M62S, M71S, and M78.
`(xxiii) Vector Arms UZI Type.
`(xxiv) Weaver Arms Nighthawk.
`(xxv) Wilkinson Arms Linda Carbine.
`(I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
`(i) All AK-47 types, including the following:
`(I) Centurion 39 AK pistol.
`(II) Draco AK-47 pistol.
`(III) HCR AK-47 pistol.
`(IV) IO Inc. Hellpup AK-47 pistol.
`(V) Krinkov pistol.
`(VI) Mini Draco AK-47 pistol.
`(VII) Yugo Krebs Krink pistol.
`(ii) All AR-15 types, including the following:
`(I) American Spirit AR-15 pistol.
`(II) Bushmaster Carbon 15 pistol.
`(III) DoubleStar Corporation AR pistol.
`(IV) DPMS AR-15 pistol.
`(V) Olympic Arms AR-15 pistol.
`(VI) Rock River Arms LAR 15 pistol.
`(iii) Calico Liberty pistols.
`(iv) DSA SA58 PKP FAL pistol.
`(v) Encom MP-9 and MP-45.
`(vi) Heckler & Koch model SP-89 pistol.
`(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and TEC-DC9.
`(viii) Kel-Tec PLR 16 pistol.
`(ix) The following MAC types:
`(I) MAC-10.
`(II) MAC-11.
`(III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.
`(IV) Military Armament Corp. Ingram M-11.
`(V) Velocity Arms VMAC.
`(x) Sig Sauer P556 pistol.
`(xi) Sites Spectre.
`(xii) All Thompson types, including the following:
`(I) Thompson TA510D.
`(II) Thompson TA5.
`(xiii) All UZI types, including Micro-UZI.
`(J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
`(i) Franchi LAW-12 and SPAS 12.
`(ii) All IZHMASH Saiga 12 types, including the following:
`(I) IZHMASH Saiga 12.
`(II) IZHMASH Saiga 12S.
`(III) IZHMASH Saiga 12S EXP-01.
`(IV) IZHMASH Saiga 12K.
`(V) IZHMASH Saiga 12K-030.
`(VI) IZHMASH Saiga 12K-040 Taktika.
`(iii) Streetsweeper.
`(iv) Striker 12.
`(K) All belt-fed semiautomatic firearms, including TNW M2HB.
`(L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled.
`(M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (
, (C), (F), (G), (H), (J), or (K).`(37) The term `large capacity ammunition feeding device'--
`(A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and
`(
does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'.(b) Related Definitions- Section 921(a) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following:
`(38) The term `barrel shroud'--
`(A) 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; and
`(
does not include--`(i) a slide that partially or completely encloses the barrel; or
`(ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel.
`(39) The term `detachable magazine' means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action.
`(40) The term `fixed magazine' means an ammunition feeding device that is permanently fixed to the firearm in such a manner that it cannot be removed without disassembly of the firearm.
`(41) The term `folding, telescoping, or detachable stock' means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm.
`(42) The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip.
`(43) The term `rocket' means any simple or complex tubelike device containing combustibles that on being ignited liberate gases whose action propels the tube through the air and has a propellant charge of not more than 4 ounces.
`(44) The term `grenade launcher or rocket launcher' means an attachment for use on a firearm that is designed to propel a grenade, rocket, or other similar destructive device.
`(45) The term `permanently inoperable' means a firearm which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition.
`(46) The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip.
`(47) The term `threaded barrel' means a feature or characteristic that is designed in such a manner to allow for the attachment of a device such as a firearm silencer or a flash suppressor.
`(48) The term `qualified law enforcement officer' has the meaning given the term in section 926B of title 18, United States Code.
`(49) The term `grandfathered semiautomatic assault weapon' means any semiautomatic assault weapon the importation, possession, sale, or transfer of which would be unlawful under section 922(v) but for the exception under paragraph (2) of such section.
`(50) The term `belt-fed semiautomatic firearm' means any repeating firearm that--
`(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round;
`(
requires a separate pull of the trigger to fire each cartridge; and`(C) has the capacity to accept a belt ammunition feeding device.'.
SEC. 3. RESTRICTIONS ON ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.
• (a) In General- Section 922 of title 18, United States Code, is amended--
◦ (1) by inserting after subsection (u) the following:
• `(v)(1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon.
• `(2) Paragraph (1) shall not apply to the possession, sale, or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of the Assault Weapons Ban of 2013.
• `(3) Paragraph (1) shall not apply to any firearm that--
◦ `(A) is manually operated by bolt, pump, lever, or slide action;
◦ `(
has been rendered permanently inoperable; or◦ `(C) is an antique firearm, as defined in section 921 of this title.
• `(4) Paragraph (1) shall not apply to--
◦ `(A) the importation for, manufacture for, sale to, 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 sale or transfer to or possession by a qualified law enforcement officer employed 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, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty);
◦ `(
the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site 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 in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon--
▪ `(i) sold or transferred to the individual by the agency upon such retirement; or
▪ `(ii) that the individual purchased, or otherwise obtained, for official use before such retirement;
◦ `(D) the importation, sale, 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 Attorney General; or
◦ `(E) the importation, sale, manufacture, transfer, or possession of a firearm specified in Appendix A to this section, as such firearm was manufactured on the date of introduction of the Assault Weapons Ban of 2013.
• `(5) For purposes of paragraph (4)(A), the term `campus law enforcement officer' means an individual who is--
◦ `(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
◦ `(
responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;◦ `(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and
◦ `(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.
• `(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and, if available, 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 a copy of the record established under this paragraph to the Congress and make the record available to the general public.
• `(w)(1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device.
• `(2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Assault Weapons Ban of 2013.
• `(3) Paragraph (1) shall not apply to--
◦ `(A) the importation for, manufacture for, sale to, 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 sale or transfer to or possession by a qualified law enforcement officer employed 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 for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty);
◦ `(
the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site 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 in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device--
▪ `(i) sold or transferred to the individual by the agency upon such retirement; or
▪ `(ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or
◦ `(D) the importation, sale, 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 Attorney General.
• `(4) For purposes of paragraph (3)(A), the term `campus law enforcement officer' means an individual who is--
◦ `(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
◦ `(
responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;◦ `(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and
◦ `(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.'; and
◦ (2) by adding at the end the following:
• `(aa) Secure Storage or Safety Device Requirement for Grandfathered Semiautomatic Assault Weapons- It shall be unlawful for any person, other than a licensed importer, licensed manufacturer, or licensed dealer, to store or keep under the dominion or control of that person any grandfathered semiautomatic assault weapon that the person knows, or has reasonable cause to believe, will be accessible to an individual prohibited from receiving or possessing a firearm under subsection (g), (n), or (x), or any provision of State law, unless the grandfathered semiautomatic assault weapon is--
◦ `(1) carried on the person, or within such close proximity that the person can readily retrieve and use the grandfathered semiautomatic assault weapon as if the grandfathered semiautomatic assault weapon were carried on the person; or
◦ `(2) locked by a secure gun storage or safety device that the prohibited individual has no ability to access.'.
• (b) 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 enactment of the Assault Weapons Ban of 2013 shall clearly show the date on which the weapon was manufactured or made, legibly and conspicuously engraved or cast on the weapon, and such other identification as the Attorney General shall by regulations prescribe.'.
• (c) Identification Markings for Large Capacity Ammunition Feeding Devices- Section 923(i) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of enactment of the Assault Weapons Ban of 2013 shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe.'.
• (d) Seizure and Forfeiture of Large Capacity Ammunition Feeding Devices- Subsection (d) of section 924 of title 18, United States Code, is amended--
◦ (1) in paragraph (1)--
▪ (A) by inserting `or large capacity ammunition feeding device' after `firearm or ammunition' each time it appears;
▪ (
by inserting `or large capacity ammunition feeding device' after `firearms or ammunition' each time it appears; and▪ (C) by striking `or (k)' and inserting `(k), (r), (v), or (w)';
◦ (2) in paragraph (2)--
▪ (A) in subparagraph (C), by inserting `or large capacity ammunition feeding devices' after `firearms or quantities of ammunition'; and
◦ (3) in paragraph (3)--
▪ (A) in subparagraph (E), by inserting `922(r), 922(v), 922(w),' after `922(n),'.
• (e) Appendix A- Section 922 of title 18, United States Code, is amended by adding at the end the following:
`APPENDIX A--FIREARMS EXEMPTED BY THE ASSAULT WEAPONS BAN OF 2013
`Centerfire Rifles--Autoloaders
◦ `Benelli R1 Rifle
◦ `Browning BAR Mark II Safari Magnum Rifle
◦ `Browning BAR Mark II Safari Semi-Auto Rifle
◦ `Browning BAR Stalker Rifles
◦ `Browning High-Power Rifle
◦ `Browning Longtrac Rifle
◦ `Browning Shorttrac Rifle
◦ `Heckler & Koch HK630
◦ `Heckler & Koch HK770
◦ `Heckler & Koch HK940
◦ `Heckler & Koch Model 300 Rifle
◦ `Heckler & Koch SL7 Rifle
◦ `Iver Johnson 50th Anniversary M-1 Carbine (w/o folding stock)
◦ `Iver Johnson M-1 Carbine (w/o folding stock)
◦ `M-1 Carbines with standard fixed stock
◦ `M-1 Garand with fixed 8 round capacity and standard stock
◦ `Marlin Model 9 Camp Carbine
◦ `Marlin Model 45 Carbine
◦ `Remington Model 74
◦ `Remington Model 81
◦ `Remington Model 740
◦ `Remington Model 742
◦ `Remington Model 750 Synthetic
◦ `Remington Model 750 Woodmaster
◦ `Remington Model 7400 Rifle
◦ `Remington Model 7400 Special Purpose Auto Rifle
◦ `Remington Nylon 66 Auto-Loading Rifle
◦ `Ruger Mini 30
◦ `Ruger Mini-14 (w/o folding stock)
◦ `Ruger PC4
◦ `Ruger PC9
◦ `SKS type rifles with fixed 10 round magazine and standard fixed stock
◦ `Winchester Model SXR
`Centerfire Rifles--Lever & Slide
◦ `Action Arms Timber Wolf Pump Action
◦ `Beretta 1873 Renegade Lever Action
◦ `Beretta Gold Rush Slide Action
◦ `Big Horn Armory Model 89
◦ `Browning BLR Model 181 Lever Action, All Models
◦ `Browning BPR Pump Rifle
◦ `Browning Model 53 Lever Action
◦ `Browning Model 65 Grade 1 Lever Action Rifle
◦ `Browning Model 71 Rifle and Carbine
◦ `Browning Model 81 BLR
◦ `Browning Model 81 BLR Lever-Action Rifle
◦ `Browning Model 81 Long Action BLR
◦ `Browning Model 1886 High Grade Carbine
◦ `Browning Model 1886 Lever-Action Carbine
◦ `Browning Model B-92 Carbine
◦ `Charles Daly Model 1892 Lever Action, All Models
◦ `Chiappa 1886 Lever Action Rifles
◦ `Cimarron 1860 Henry Replica
◦ `Cimarron 1866 Winchester Replicas
◦ `Cimarron 1873 30" Express Rifle
◦ `Cimarron 1873 Short Rifle
◦ `Cimarron 1873 Sporting Rifle
◦ `Cimarron 1873 Winchester Replicas
◦ `Dixie Engraved 1873 Rifle
◦ `Dixie Lightning Rifle and Carbines
◦ `E.M.F. 1860 Henry Rifle
◦ `E.M.F. 1866 Yellowboy Lever Actions
◦ `E.M.F. Model 73 Lever-Action Rifle
◦ `E.M.F. Model 1873 Lever Actions
◦ `Henry .30/30 Lever Action Carbine
◦ `Henry Big Boy .357 Magnum
◦ `Henry Big Boy .44 Magnum
◦ `Henry Big Boy .45 Colt
◦ `Henry Big Boy Deluxe Engraved .44 Magnum
◦ `Henry Big Boy Deluxe Engraved .45 Colt
◦ `Marlin Model 30AS Lever-Action Carbine
◦ `Marlin Model 62 Lever Action
◦ `Marlin Model 93 Lever Action
◦ `Marlin Model 308MX
◦ `Marlin Model 308MXLR
◦ `Marlin Model 336 Deluxe
◦ `Marlin Model 336C
◦ `Marlin Model 336CS Lever-Action Carbine
◦ `Marlin Model 336DL Lever Action
◦ `Marlin Model 336SS
◦ `Marlin Model 336W
◦ `Marlin Model 336XLR
◦ `Marlin Model 338MX
◦ `Marlin Model 338MXLR
◦ `Marlin Model 444
◦ `Marlin Model 444 Lever-Action
◦ `Marlin Model 444XLR
◦ `Marlin Model 1894 Marlin Model 1894 Cowboy
◦ `Marlin Model 1894 Lever Action, All Models
◦ `Marlin Model 1894C
◦ `Marlin Model 1894CL Classic
◦ `Marlin Model 1894CS Carbine
◦ `Marlin Model 1894S Lever-Action Carbine
◦ `Marlin Model 1894SS
◦ `Marlin Model 1895
◦ `Marlin Model 1895 Cowboy
◦ `Marlin Model 1895 Lever Action, All Models
◦ `Marlin Model 1895G
◦ `Marlin Model 1895GS
◦ `Marlin Model 1895M
◦ `Marlin Model 1895MXLR
◦ `Marlin Model 1895SBL
◦ `Marlin Model 1895SS Lever-Action Rifle
◦ `Marlin Model 1895XLR
◦ `Marlin XLR Lever Action Rifles
◦ `Mitchell 1858 Henry Replica
◦ `Mitchell 1866 Winchester Replica
◦ `Mitchell 1873 Winchester Replica
◦ `Mossberg 464 Lever Action Rifle
◦ `Mossberg Model 472 Lever Action
◦ `Mossberg Model 479 Lever Action
◦ `Navy Arms 1866 Yellowboy Rifle
◦ `Navy Arms 1873 Sporting Rifle
◦ `Navy Arms 1873 Winchester-Style Rifle
◦ `Navy Arms 1892 Short Rifle
◦ `Navy Arms Henry Carbine
◦ `Navy Arms Henry Trapper
◦ `Navy Arms Iron Frame Henry
◦ `Navy Arms Military Henry Rifle
◦ `Puma Bounty Hunter Rifle
◦ `Puma Model 92 Rifles & Carbines
◦ `Remington 7600 Slide Action
◦ `Remington Model 6 Pump Action
◦ `Remington Model 14, 14 1/2 Pump Actions
◦ `Remington Model 141 Pump Action
◦ `Remington Model 760 Slide Actions
◦ `Remington Model 7600 Special Purpose Slide Action
◦ `Remington Model 7600 Synthetic
◦ `Remington Model 7615 Camo Hunter
◦ `Remington Model 7615 Ranch Carbine
◦ `Remington Model 7615 SPS
◦ `Rossi M92 SRC Saddle-Ring Carbine
◦ `Rossi M92 SRS Short Carbine
◦ `Rossi R92 Lever Action Carbines
◦ `Ruger Model 96/44 Lever Action
◦ `Savage 99C Lever-Action Rifle
◦ `Savage Model 170 Pump Action
◦ `Taurus Thunderbolt Pump Action
◦ `Taylor's & CO., Inc. 1865 Spencer Carbine/Rifle
◦ `Taylor's & CO., Inc. 1892 Carbine/Rifle
◦ `U.S. Fire Arms Standard Lightning Magazine Rifle
◦ `Uberti 1866 Sporting Rifle Uberti 1873 Sporting Rifle
◦ `Uberti 1876 Rifle
◦ `Uberti 1883 Burgess Lever Action Rifle/Carbine
◦ `Uberti Henry Rifle
◦ `Uberti Lightning Rifle/Carbine
◦ `Winchester Lever Actions, All Other Center Fire Models
◦ `Winchester Model 94 Big Bore Side Eject
◦ `Winchester Model 94 Ranger Side Eject Lever-Action Rifle
◦ `Winchester Model 94 Side Eject Lever-Action Rifle
◦ `Winchester Model 94 Trapper Side Eject
◦ `Winchester Model 94 Wrangler Side Eject
◦ `Winchester Model 1895 Safari Centennial
`Centerfire Rifles--Bolt Action
◦ `Accurate Arms Raptor & Backpack Bolt Action Rifles
◦ `Alpine Bolt-Action Rifle
◦ `Anschutz 1700D Bavarian Bolt-Action Rifle
◦ `Anschutz 1700D Classic Rifles
◦ `Anschutz 1700D Custom Rifles
◦ `Anschutz 1733D Mannlicher Rifle
◦ `Arnold Arms African Safari & Alaskan Trophy Rifles
◦ `A-Square Caesar Bolt-Action Rifle
◦ `A-Square Genghis Khan Bolt Action Rifle
◦ `A-Square Hamilcar Bolt Action Rifle
◦ `A-Square Hannibal Bolt-Action Rifle
◦ `Auguste Francotte Bolt-Action Rifles
◦ `Bansners Ultimate Bolt Action Rifles
◦ `Beeman/HW 60J Bolt-Action Rifle
`Benton & Brown Firearms, Inc.
SEC. 4. PENALTIES.
• Section 924(a)(1)(
of title 18, United States Code, is amended by striking `or (q) of section 922' and inserting `(q), (r), (v), (w), or (aa) of section 922'.SEC. 5. BACKGROUND CHECKS FOR TRANSFERS OF GRANDFATHERED SEMIAUTOMATIC ASSAULT WEAPONS.
• (a) In General- Section 922 of title 18, United States Code, as amended by this Act, is amended--
(1) by repealing subsection (s);
(2) by redesignating subsection (t) as subsection (s);
(3) in subsection (s), as redesignated--
(A) in paragraph (3)(C)(ii), by striking `(as defined in subsection (s)(
)'; and(
by adding at the end the following:◦ `(7) In this subsection, the term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.'; and
(4) by inserting after subsection (s), as redesignated, the following:
• `(t)(1) Beginning on the date that is 90 days after the date of enactment of the Assault Weapons Ban of 2013, it shall be unlawful for any person who is not licensed under this chapter to transfer a grandfathered semiautomatic assault weapon to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken custody of the grandfathered semiautomatic assault weapon for the purpose of complying with subsection (s). Upon taking custody of the grandfathered semiautomatic assault weapon, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the grandfathered semiautomatic assault weapon from the licensee's inventory to the unlicensed transferee.
• `(2) Paragraph (1) shall not apply to a temporary transfer of possession for the purpose of participating in target shooting in a licensed target facility or established range if--
◦ `(A) the grandfathered semiautomatic assault weapon is, at all times, kept within the premises of the target facility or range; and
◦ `(
the transferee is not known to be prohibited from possessing or receiving a grandfathered semiautomatic assault weapon.• `(3) For purposes of this subsection, the term `transfer'--
◦ `(A) shall include a sale, gift, or loan; and
◦ `(
does not include temporary custody of the grandfathered semiautomatic assault weapon for purposes of examination or evaluation by a prospective transferee.• `(4)(A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
• `(
Regulations promulgated under this paragraph--◦ `(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and
◦ `(ii) shall not include any provision imposing recordkeeping requirements on any unlicensed transferor or requiring licensees to facilitate transfers in accordance with paragraph (1).'.
• (b) Technical and Conforming Amendments-
(1) SECTION 922- Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking `, (g)(5)(
, and (s)(3)((v)(II)' and inserting `and (g)(5)('.(2) SECTION 925A- Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking `subsection (s) or (t) of section 922' and inserting `section 922(s)'.
• (c) Effective Date- The amendments made by this section shall take effect 90 days after the date of enactment of this Act.
SEC. 6. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.
• Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is amended by adding at the end the following:
`(H) Compensation for surrendered semiautomatic assault weapons and large capacity ammunition feeding devices, as those terms are defined in section 921 of title 18, United States Code, under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices.'.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.
Last edit: 11 years 10 months ago by OleCowboy.
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11 years 10 months ago - 11 years 10 months ago #16812
by fivewhy
Replied by fivewhy on topic FeinStein Assault Weapons Ban of 2013
Here is a link to a PDF file of Feinstein's bill.
www.feinstein.senate.gov/public/index.cf...fb-9b2f-69e69f517fb4
Just open the downloaded file in Adobe Acrobat Reader or any other PDF reader. Might be easier to read. To my knowledge, no bill has made it to the floor or out of committee, but I really don't know. If a bill has come out of committee, please let me know by telling me I am big fat idiot. It happens from time to time (more than I care to admit, sadly). When you click on these links to the PDF files on Feinstein's senate site, you will get a file that may not have a .pdf extension on it. Just open the file in your favorite PDF viewer, all will be fine. Her site is just fugly.
But I agree that this bill has no chance of passage, and I have been thinking of several reasons that may or may not hold water. Here are three points, beginning with the least persuasive and ending with the most persuasive (an ordering of arguments that you should never use in real life). These are all my own personal arguments and opinions, buy into them at your own risk
The bill's definition bans any semiautomatic rifle with a pistol grip (among other things)...but does this include thumbhole stocks? If the courts were to decide it does include them, then the ban is not "narrowly tailored" to achieve the government interest bc it bans weapons that are not used in gun violence (tho, this is the least persuasive point). If it does not include these, then the bill is somewhat "arbitrary" bc a thumbhole stock has a similar, nearly identical, practical functional effect as that of the pistol grip (maybe I wrong on this?). Second, the magazine ban bans all mags irrespective of the weapon for which they are designed. So, what happens to pistol owners whose pistols do not have magazines that are even manufactured to hold 10 rounds or fewer. This is an unreasonable restraint on the alienation (meaning restraint on transfer, i.e., the alienation of the product from its owner) of pistols that arent even touched by the ban--bc the mag ban prevents even the transfer of grandfathered magazines. Again, the mag ban seems to not be sufficiently "narrowly tailored" to withstand strict scrutiny. Lastly, while it is true that the number of previously-banned weapons seized by law enforcement (that were banned under the 1994 ban) has increased significantly, there is no indication that expiration of the 1994 ban has increased gun violence…it has merely changed the tool used by violent criminals. If reducing violence is the interest, the 2013 ban would not be “narrowly tailored”. If changing the type of weapon used in gun violence is the purported government interest, then the interest is not a “compelling” government interest sufficient to withstand strict scrutiny.
Now, having said that, according to Feinstein’s bill summary, a report commissioned and published by the federal DOJ—published in March 1997—states that the 1994 ban was responsible for a 6.7% drop in “total gun murders” whatever that is. See www.feinstein.senate.gov/public/index.cf...-weapons-ban-summary . However, that report actually states, in its executive summary: “At best, the assault weapons ban can have only a limited effect on total gun murders, because the banned weapons and magazines were never involved in more than a modest fraction of all gun murders. Our best estimate is that the ban contributed to a 6.7 percent decrease in total gun murders between 1994 and 1995, beyond what would have been expected in view of ongoing crime, demographic, and economic trends. . . . We were unable to detect any reduction to date in two types of gun murders that are thought to be closely associated with assault weapons, those with multiple victims in a single incident and those producing multiple bullet wounds per victim. We did find a reduction in killings of police officers since mid-1995. However, the available data are partial and preliminary, and the trends may have been influenced by law enforcement agency policies regarding bullet-proof vests.” See page 2 of www.feinstein.senate.gov/public/index.cf...53-a4ae-0778889d49bd this is the DOJ's actual report, also a PDF file.
This is classic lawyer tactics used when the lawyer knows he has a loser argument. It is, basically, a big white flag. Any court, particularly any appellate law clerk working for an appellate judge, will jump all over that bull****. Pardon my foul language, but I use that term bc "BS" is the correct technical term for this type of argument. It is called "mischaracterizing the record facts." By putting this in her bill summary, Feinstein has essentially conceded defeat. The 1997 report never indicates that the 1994 ban is or was effective, in any way. In fact, the report precisely says the exact opposite..it says the bill was ineffective. Hence the technical term: BS. I cannot find anything that tends to indicate the 1994 ban was effective, and Feinstein does not present anything that shows such. The bill is dead upon arrival. End of the analysis.
PS. On a side note, ironically, last week I listened to a gentleman speak who just happened to argue 5 separate case before SCOTUS. It was a crazy set of circumstances that led to that number of cases, but one thing he mention was the extent to which SCOTUS does its own factual research. Factual. Yea really...factual. That is unheard of in any appellate court other than SCOTUS. The particular case he spoke about involved huge "policy" questions without much prior caselaw and litigation addressing it. Therefore, SCOTUS had to do its own factual...research. Not just fact findings, but independent fact research...mean the Court investigated, on its own, to determine what was true and what was not true...concerning the policy implications of the statute at issue in that case. I mention this only to say that this weapons ban will involve a lot of fact questions about the efficacy of the policy. To my knowledge, these fact questions, when analyzed objectively, do not weigh in favor of a policy banning semiautomatic weapons. I could be wrong on this point, but the point is: I think this is another reason the bill is DOA.
But I agree that this bill has no chance of passage, and I have been thinking of several reasons that may or may not hold water. Here are three points, beginning with the least persuasive and ending with the most persuasive (an ordering of arguments that you should never use in real life). These are all my own personal arguments and opinions, buy into them at your own risk
The bill's definition bans any semiautomatic rifle with a pistol grip (among other things)...but does this include thumbhole stocks? If the courts were to decide it does include them, then the ban is not "narrowly tailored" to achieve the government interest bc it bans weapons that are not used in gun violence (tho, this is the least persuasive point). If it does not include these, then the bill is somewhat "arbitrary" bc a thumbhole stock has a similar, nearly identical, practical functional effect as that of the pistol grip (maybe I wrong on this?). Second, the magazine ban bans all mags irrespective of the weapon for which they are designed. So, what happens to pistol owners whose pistols do not have magazines that are even manufactured to hold 10 rounds or fewer. This is an unreasonable restraint on the alienation (meaning restraint on transfer, i.e., the alienation of the product from its owner) of pistols that arent even touched by the ban--bc the mag ban prevents even the transfer of grandfathered magazines. Again, the mag ban seems to not be sufficiently "narrowly tailored" to withstand strict scrutiny. Lastly, while it is true that the number of previously-banned weapons seized by law enforcement (that were banned under the 1994 ban) has increased significantly, there is no indication that expiration of the 1994 ban has increased gun violence…it has merely changed the tool used by violent criminals. If reducing violence is the interest, the 2013 ban would not be “narrowly tailored”. If changing the type of weapon used in gun violence is the purported government interest, then the interest is not a “compelling” government interest sufficient to withstand strict scrutiny.
Now, having said that, according to Feinstein’s bill summary, a report commissioned and published by the federal DOJ—published in March 1997—states that the 1994 ban was responsible for a 6.7% drop in “total gun murders” whatever that is. See www.feinstein.senate.gov/public/index.cf...-weapons-ban-summary . However, that report actually states, in its executive summary: “At best, the assault weapons ban can have only a limited effect on total gun murders, because the banned weapons and magazines were never involved in more than a modest fraction of all gun murders. Our best estimate is that the ban contributed to a 6.7 percent decrease in total gun murders between 1994 and 1995, beyond what would have been expected in view of ongoing crime, demographic, and economic trends. . . . We were unable to detect any reduction to date in two types of gun murders that are thought to be closely associated with assault weapons, those with multiple victims in a single incident and those producing multiple bullet wounds per victim. We did find a reduction in killings of police officers since mid-1995. However, the available data are partial and preliminary, and the trends may have been influenced by law enforcement agency policies regarding bullet-proof vests.” See page 2 of www.feinstein.senate.gov/public/index.cf...53-a4ae-0778889d49bd this is the DOJ's actual report, also a PDF file.
This is classic lawyer tactics used when the lawyer knows he has a loser argument. It is, basically, a big white flag. Any court, particularly any appellate law clerk working for an appellate judge, will jump all over that bull****. Pardon my foul language, but I use that term bc "BS" is the correct technical term for this type of argument. It is called "mischaracterizing the record facts." By putting this in her bill summary, Feinstein has essentially conceded defeat. The 1997 report never indicates that the 1994 ban is or was effective, in any way. In fact, the report precisely says the exact opposite..it says the bill was ineffective. Hence the technical term: BS. I cannot find anything that tends to indicate the 1994 ban was effective, and Feinstein does not present anything that shows such. The bill is dead upon arrival. End of the analysis.
PS. On a side note, ironically, last week I listened to a gentleman speak who just happened to argue 5 separate case before SCOTUS. It was a crazy set of circumstances that led to that number of cases, but one thing he mention was the extent to which SCOTUS does its own factual research. Factual. Yea really...factual. That is unheard of in any appellate court other than SCOTUS. The particular case he spoke about involved huge "policy" questions without much prior caselaw and litigation addressing it. Therefore, SCOTUS had to do its own factual...research. Not just fact findings, but independent fact research...mean the Court investigated, on its own, to determine what was true and what was not true...concerning the policy implications of the statute at issue in that case. I mention this only to say that this weapons ban will involve a lot of fact questions about the efficacy of the policy. To my knowledge, these fact questions, when analyzed objectively, do not weigh in favor of a policy banning semiautomatic weapons. I could be wrong on this point, but the point is: I think this is another reason the bill is DOA.
Last edit: 11 years 10 months ago by fivewhy.
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