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Assault Weapons Ban and Law Enforcement Protection Act of 2007 (Introduced
in House)
HR 1022 IH
110th CONGRESS
1st Session
H. R. 1022
To reauthorize the assault
weapons ban
, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 13, 2007
Mrs. MCCARTHY of New York
introduced the following bill; which was referred to the Committee on
the Judiciary
A BILL
To reauthorize the assault
weapons ban
, and for other purposes.
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 2007
'.
SEC. 2. REINSTATEMENT FOR 10 YEARS OF
REPEALED CRIMINAL PROVISIONS RELATING TO ASSAULT
WEAPONS AND
LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Reinstatement of Provisions
Wholly Repealed- Paragraphs (30) and
(31) of section 921(a),
subsections (v) and (w)
and Appendix A of
section 922, and the last
2 sentences of section
923(i) of title 18, United
States Code, as in effect just before the repeal made by section 110105(2)
of the Violent Crime Control
and Law
Enforcement Act
of 1994, are hereby enacted
into law .
(b) Reinstatement of Provisions
Partially Repealed- Section 924 of
title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraph (B) and
inserting the following:
`(B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w)
of section 922;'; and
(2) in subsection (c)(1)(B), by striking clause (i) and
inserting the following:
`(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic
assault weapon, the person
shall be sentenced to a term of
imprisonment of not less
than 10 years; or'.
SEC. 3. DEFINITIONS.
(a) In General- Section 921(a)(30) of
title 18, United States Code, as added by section 2(a) of
this Act , is amended to
read as follows:
`(30) The term `semiautomatic assault
weapon' means any of the
following:
`(A) 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) 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) The following shotguns or copies or duplicates thereof:
`(D) A semiautomatic rifle that has an ability to accept a detachable
magazine, and that has--
`(i) a folding or telescoping stock;
`(E)(i) Except as provided in clause (ii), a semiautomatic rifle that
has a fixed magazine with the capacity to accept more than 10 rounds.
`(ii) Clause (i) shall not apply to an attached tubular device designed
to accept, and capable
of operating only with,
.22 caliber rimfire ammunition.
`(F) 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) A semiautomatic pistol with a fixed magazine that has the capacity
to accept more than 10 rounds.
`(H) 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) A shotgun with a revolving cylinder.
`(J) 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).
`(L) 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.'.
(b) 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. 4. GRANDFATHER PROVISION.
Section 922(v)(2) of title
18, United States Code, as added by section 2(a) of
this Act , is amended--
(1) by inserting `(A)' after `(2)'; and
(2) by adding after and
below the end the following:
`(B) Paragraph (1) shall not apply to any firearm the possession or transfer
of which would (but for
this subparagraph) be unlawful by reason of
this subsection, and which
is otherwise lawfully possessed on the date of
the enactment of this subparagraph.'.
SEC. 5. REPEAL OF CERTAIN
EXEMPTIONS.
Section 922(v)(3) of title
18, United States Code, as added by section 2(a) of
this Act , is amended by
striking `(3)' and all
that follows through the 1st sentence and
inserting the following:
`(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.'.
SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF
LAWFULLY POSSESSED SEMIAUTOMATIC ASSAULT
WEAPONS .
Section 922(v) of title
18, United States Code, as added by section 2(a) of
this Act , is amended by
adding at the end the following:
`(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
the Congress and make the
record available to the general public.'.
SEC. 7. STRENGTHENING THE BAN
ON THE POSSESSION OR TRANSFER OF
A LARGE CAPACITY AMMUNITION FEEDING DEVICE.
(a) 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 after subsection
(y) 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
such title 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.'.
(b) Certification Requirement-
(1) IN GENERAL- Section 922(w) of
such title, as added by section 2(a) of
this Act , is amended--
(i) by adding `or' at the end of
subparagraph (B); and
(ii) by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph (C); and
(B) by striking paragraph (4) and
inserting the following:
`(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
the 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
the enactment of this subsection.'.
(2) PENALTIES- Section 924(a) of
such title, as amended by subsection (a)(2) of
this section, is amended by adding at the end the following:
`(9) Whoever knowingly violates section 922(w)(4) shall be fined under
this title, imprisoned not more than 5 years, or both.'.
SEC. 8. 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. 9. BAN ON IMPORTATION
OF LARGE CAPACITY AMMUNITION
FEEDING DEVICE.
(a) In General- Section 922(w) of
title 18, United States Code, as added by section 2(a) of
this Act , is amended--
(1) in paragraph (1), by striking `(1) Except as provided in paragraph
(2)' and inserting `(1)(A)
Except as provided in subparagraph (B)';
(2) in paragraph (2), by striking `(2) Paragraph (1)' and
inserting `(B) Subparagraph (A)'; and
(3) by inserting before paragraph (3) the following:
`(2) It shall be unlawful for any person to import or bring into the United
States a large capacity ammunition feeding device.'.
(b) Conforming Amendment- Section 921(a)(31)(A) of
such title, as added by section 2(a) of
this Act , is amended by
striking `manufactured after the date of
enactment of the Violent
Crime Control and Law
Enforcement Act
of 1994'.
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