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Assault Weapons Ban and Law Enforcement Protection Act of 20

Discussion in 'Freedom and Liberty' started by E.L., Feb 20, 2007.


  1. E.L.

    E.L. Moderator of Lead Moderator Emeritus Founding Member

    We need to drum up that outrage again:

    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 REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) Reinstatement of Provisions Wholly Repealed- Paragraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18,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    (b) Reinstatement of Provisions Partially Repealed- Section 924 of title 18, United States Code, is amended--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;

    `(ii) AR-10;

    `(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;

    `(iv) AR70;

    `(v) Calico Liberty;

    `(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;

    `(x) Kel-Tec Sub Rifle;

    `(xi) M1 Carbine;

    `(xii) Saiga;

    `(xiii) SAR-8, SAR-4800;

    `(xiv) SKS with detachable magazine;

    `(xv) SLG 95;

    `(xvi) SLR 95 or 96;

    `(xvii) Steyr AUG;

    `(xviii) Sturm, Ruger Mini-14;

    `(xix) Tavor;

    `(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:

    `(i) Calico M-110;

    `(ii) MAC-10, MAC-11, or MPA3;

    `(iii) Olympic Arms OA;

    `(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or

    `(v) Uzi.

    `(C) The following shotguns or copies or duplicates thereof:

    `(i) Armscor 30 BG;

    `(ii) SPAS 12 or LAW 12;

    `(iii) Striker 12; or

    `(iv) Streetsweeper.

    `(D) A semiautomatic rifle that has an ability to accept a detachable magazine, and that has--

    `(i) a folding or telescoping stock;

    `(ii) a threaded barrel;

    `(iii) a pistol grip;

    `(iv) a forward grip; or

    `(v) a barrel shroud.

    `(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;

    `(ii) a threaded barrel;

    `(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;

    `(ii) a pistol grip;

    `(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).

    `(K) A conversion kit.

    `(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--

    (A) in paragraph (3)--

    (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--

    (1) in paragraph (1)--

    (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

    (2) in paragraph (2)--

    (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'.
     
  2. E.L.

    E.L. Moderator of Lead Moderator Emeritus Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    Notice the part about no more private sales of semi-autos.

    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).
     
  3. Seacowboys

    Seacowboys Senior Member Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    We need to target specific congressmen and pwn them just like we did Dumbo-Zumbo and remind them that we showed them the door after the first time they did that too us.
     
  4. E.L.

    E.L. Moderator of Lead Moderator Emeritus Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    [ditto]
     
  5. ColtCarbine

    ColtCarbine Monkey+++ Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    I agree, same with the Hate Crime Bill. Our legislators need to hear our voice loud and clear, otherwise the minority will be successful once again. Since my letter writing skills aren't as articulate as others, I'm going to see if my wife will help me draft a letter.
     
  6. Clyde

    Clyde Jet Set Tourer Administrator Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    When you screw the people often enough, you grow to fear their righteous retribution, and, in the end, the way you deal with that fear is not eliminate its cause, but to eliminate its ability to become a reality.
     
  7. BigO01

    BigO01 Monkey+++ Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    Well that took them longer than I thought it would . I figured this would roll out the first couple of weeks with the Dems in power .

    I suppose they are PO'd because they haven't managed to gut the war in Iraq as they promised the voters they would do .

    Well it's time to see just how big of a socialist backstabber Bush really is .
     
  8. Quigley_Sharps

    Quigley_Sharps The Badministrator Administrator Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    HA HA now we pay for the way people voted I hope they are happy with tossing their vote down the toilet.
    I cant wait for Hillary to get the white house and Bill the head of the UN and then they can start gun grabbing, this is amazing.
    Line up and Hand them in.
     
  9. melbo

    melbo Hunter Gatherer Administrator Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    I'm not even going to read up on this law. Not going to call me dis-interested Congressman either. "Barrel Shroud" knocks out more than half of my collection... Take a look at that definition.

    No more pussyfooting around for me. I'm done with obeying stupid laws.

    I say Ban all firearms and let's see where we really stand on this issue. Sh*t or get off the pot time then huh? Let's decide this issue once and for all. Either we have a 2nd ammendment or we don't. Just try to take my guns. Please. Better bring one hell of a Team to this house.
     
  10. Minuteman

    Minuteman Chaplain Moderator Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    AmRev ll, The Sequel. Coming soon.
     
  11. snowbyrd

    snowbyrd Latet anguis in herba

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    Let me just say that I HAVE NO UNconstitutional antirights firearms in my home. hee hee
     
  12. Clyde

    Clyde Jet Set Tourer Administrator Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    I firmly believe the following needs to happen since there are many gun owners, but we do not "express" ourselves in an open manner like the rest of the groups considered "special interest".

    1. Organize a "multi-million minuteman" march on Washington that reminds our nation that we are a nation of peace loving gun owners...for now.
    2. Don't bring in big-time speakers or any of the gun lobbies. We are the gun lobby buy simply purchasing guns. I firmly support Ted Nugent and others who speak out loudly, but people need a non-galvinized person to simply speak from their heart.
    3. Make it a goal to have 3-4 million gun owners arrive in Washington. Our national standing "militia" is far greater than our national military. Point out how if we had arrived with weapons, we could eliminate this government in a couple of hours.
    4. We have been a peaceful bunch of people. Our goal is to remain peacful, but we will openly defy the trampling of the 2nd Amendment and not comply with these laws. If this continues, there will be Unintended Consequences. If our military can't quell the violence in Iraq which is the size of California, how in the hell could they quell a "revolt" with shots heard around the world across the entire country.
     
  13. E.L.

    E.L. Moderator of Lead Moderator Emeritus Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    This might be tough to accomplish since gun owners are people that actually work for a living, unlike the posers who march for their various liberal causes and receive handouts for a living.
     
  14. Clyde

    Clyde Jet Set Tourer Administrator Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    I agree. The problem is that publicity allows our government officials to stand in the back drop and legislate. What has complacency has gotten us so far? All the gun lobbies need to combine their efforts for this type of march/gathering so the maximum impact can be created

    If gun owners won't take a couple days off from work to truly express themselves in a non-violent manner that may cost a couple days of work, but allow them to maintain their 2nd amendment liberties, then we are in real big trouble if you ever think their will be a 2nd AmRev. If we won't exercise all the rights embodied in the first amendment, then I highly doubt a bunch of internet "blowhards" are going to freely exercise their 2nd amendment right to check the .gov
     
  15. E.L.

    E.L. Moderator of Lead Moderator Emeritus Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    I wonder if a mass e-mailing of congress and media outlets would have as big an effect. The public might not hear about it, but I would tend to think that the politicians would realize that anyone that went to the trouble to e-mail or write them was passionate about their cause enough to vote to that effect. Burn up the servers. Effectively "Zumboing" any that step out of line. While I would love to see a march, and would be glad to participate, I just don't see it likely. I heard once during the immigrant protest "there are those that protests, and there are those that work" and I tend to think that many would not skip out a day for it. I am open minded to anything though.
     
  16. melbo

    melbo Hunter Gatherer Administrator Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    I bet a few of you recognize this:

     
  17. E.L.

    E.L. Moderator of Lead Moderator Emeritus Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    The anti-2nd Amendment jackasses just succeeded in selling one more awful "terrorist rifle" today.

    A nice RRA that I bought off of one of Lindale's finest. I will be putting it to good use this weekend. Hell, I just might buy another.


    "GIVE ME LIBERTY, OR GIVE ME DEATH!"
     
  18. melbo

    melbo Hunter Gatherer Administrator Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    [FONT=arial,helvetica]On Feb. 14, 2007, Representative Carolyn McCarthy (D-N.Y.) introduced H.R. 1022, a bill with the stated purpose, "to reauthorize the assault weapons ban, and for other purposes."

    McCarthy's verbiage warrants explanation. Presumably, what she means by "assault weapons ban" is the Clinton Gun Ban of 1994. Congress allowed the ban to expire in 2004 for multiple reasons, including the fact that federal, state and local law enforcement agency studies showed that guns affected by the ban had been used in only a small percentage of crime, before and after the ban was imposed.

    With the nation's murder rate 43% lower than in 1991, and the re-legalized guns still used in only a small percentage of crime, reauthorizing the Clinton Gun Ban would be objectionable enough. But McCarthy's "other purposes" would make matters even worse. H.R. 1022 would ban every gun banned by the Clinton ban, plus millions more guns, including:

    . Every gun made to comply with the Clinton ban. (The Clinton ban dictated the kinds of grips, stocks and attachments new guns could have. Manufacturers modified new guns to the Clinton requirements. H.R. 1022 would ban the modified guns too.)

    . Guns exempted by the Clinton ban. (Ruger Mini-14s and -30s and Ranch Rifles; .30 cal. carbines; and fixed-magazine, semi-automatic, center-fire rifles that hold more than 10 rounds.)

    . All semi-automatic shotguns. (E.g., Remington, Winchester, Beretta and Benelli, used for hunting, sport shooting, and self-defense. H.R. 1022 would ban them because they have "any characteristic that can function as a grip," and would also ban their main component, called the "receiver.")

    . All detachable-magazine semi-automatic rifles-including, for example, the ubiquitous Ruger 10/22 .22 rimfire-because they have "any characteristic that can function as a grip."

    . Target shooting rifles. (E.g., the three centerfire rifles most popular for marksmanship competitions: the Colt AR-15, the Springfield M1A and the M1 "Garand.")

    . Any semi-automatic shotgun or rifle an Attorney General one day claims isn't "sporting," even though the constitutions of the U.S. and 44 states, and the laws of all 50 states, recognize the right to use guns for defense.

    . 65 named guns (the Clinton law banned 19 by name); semi-auto fixed-magazine pistols of over 10 rounds capacity; and frames, receivers and parts used to repair or refurbish guns.

    H.R. 1022 would also ban the importation of magazines exempted by the Clinton ban, ban the sale of a legally-owned "assault weapon" with a magazine of over 10 rounds capacity, and begin backdoor registration of guns, by requiring private sales of banned guns, frames, receivers and parts to be conducted through licensed dealers. Finally, whereas the Clinton Gun Ban was imposed for a 10-year trial period, H.R. 1022 would be a permanent ban.
    [/FONT]
     
  19. duanet

    duanet Monkey+++

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    Been through this before and reminded my congressman after he voted for the first bill and was defeated the next time he run why he lost. He lost four votes that I know of. Mine, my wife's, my brother in law and his wife over the gun ban. That cost him 8 votes, the four he lost to his opponent and the four he had to pick up to replace us. In addition before the election I sent him a copy of the letter he sent me befor the vote on his progun status, a copy of the newspaper with his vote for it and a copy of four checks for the maximim allowed in our state for a campaign made out to his opponent and a statement that he wouldn't get one this time. Perhaps it is time to tell the new crop from the rural states that are democrats, that if they do certian things, they may indeed have a very short time in congress. Maybe iven the old democratic mule will get the point if he is hit over the head hard enough.
     
  20. E.L.

    E.L. Moderator of Lead Moderator Emeritus Founding Member

    Re: Assault Weapons Ban and Law Enforcement Protection Act o

    Excellent post Duanet. [winkthumb]
     
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