I 110TH CONGRESS 2D SESSION H. R. 6257 To reinstate the Public Safety and Recreational Firearms Use Protection Act. IN THE HOUSE OF REPRESENTATIVES JUNE 12, 2008 Mr. KIRK (for himself, Mr. CASTLE, Mr. FERGUSON, and Mr. SHAYS) intro- duced the following bill; which was referred to the Committee on the Ju- diciary A BILL To reinstate the Public Safety and Recreational Firearms Use Protection Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Assault Weapons Ban 4 Reauthorization Act of 2008’’. 5 VerDate Aug 31 2005 00:01 Jun 14, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6257.IH H6257 wwoods2 on PRODPC68 with BILLS
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I
110TH CONGRESS 2D SESSION H. R. 6257
To reinstate the Public Safety and Recreational Firearms Use Protection
Act.
IN THE HOUSE OF REPRESENTATIVES
JUNE 12, 2008
Mr. KIRK (for himself, Mr. CASTLE, Mr. FERGUSON, and Mr. SHAYS) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL To reinstate the Public Safety and Recreational Firearms
Use Protection Act.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Assault Weapons Ban 4
Reauthorization Act of 2008’’. 5
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SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND 1
POSSESSION OF CERTAIN SEMIAUTOMATIC 2
ASSAULT WEAPONS. 3
(a) RESTRICTION.—Section 922 of title 18, United 4
States Code, is amended by adding after subsection (u) 5
the following: 6
‘‘(v)(1) It shall be unlawful for a person to manufac-7
ture, transfer, or possess a semiautomatic assault weapon. 8
‘‘(2) Paragraph (1) shall not apply to the possession 9
or transfer of any semiautomatic assault weapon otherwise 10
lawfully possessed under Federal law on the date of the 11
enactment of this subsection. 12
‘‘(3) Paragraph (1) shall not apply to— 13
‘‘(A) any of the firearms, or replicas or dupli-14
cates of the firearms, specified in appendix A to this 15
section, as such firearms were manufactured on Oc-16
tober 1, 1993; 17
‘‘(B) any firearm that— 18
‘‘(i) is manually operated by bolt, pump, 19
lever, or slide action; 20
‘‘(ii) has been rendered permanently inop-21
erable; or 22
‘‘(iii) is an antique firearm; 23
‘‘(C) any semiautomatic rifle that cannot accept 24
a detachable magazine that holds more than 5 25
rounds of ammunition; or 26
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‘‘(D) any semiautomatic shotgun that cannot 1
hold more than 5 rounds of ammunition in a fixed 2
or detachable magazine. 3
The fact that a firearm is not listed in appendix A shall 4
not be construed to mean that paragraph (1) applies to 5
such firearm. No firearm exempted by this subsection may 6
be deleted from appendix A so long as this subsection is 7
in effect. 8
‘‘(4) Paragraph (1) shall not apply to— 9
‘‘(A) the manufacture for, transfer to, or pos-10
session by the United States or a department or 11
agency of the United States (including the United 12
States Armed Forces and, under regulations pursu-13
ant to title 50, United States Code, the National 14
Guard and Reserve), or a State or a department, 15
agency, or political subdivision of a State, or a 16
transfer to or possession by a law enforcement offi-17
cer employed by such an entity for purposes of law 18
enforcement (whether on or off duty); 19
‘‘(B) the transfer to a licensee under title I of 20
the Atomic Energy Act of 1954 for purposes of es-21
tablishing and maintaining an on-site physical pro-22
tection system and security organization required by 23
Federal law, or possession by an employee or con-24
tractor of such licensee on-site for such purposes or 25
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off-site for purposes of licensee-authorized training 1
or transportation of nuclear materials; 2
‘‘(C) the possession, by an individual who is re-3
tired from service with a law enforcement agency 4
and is not otherwise prohibited from receiving a fire-5
arm, of a semiautomatic assault weapon transferred 6
to the individual by the agency upon such retire-7
ment; or 8
‘‘(D) the manufacture, transfer, or possession 9
of a semiautomatic assault weapon by a licensed 10
manufacturer or licensed importer for the purposes 11
of testing or experimentation authorized by the Sec-12
retary.’’. 13
(b) DEFINITION OF SEMIAUTOMATIC ASSAULT 14
WEAPON.—Section 921(a) of title 18, United States Code, 15
is amended by adding after paragraph (29) the following: 16
‘‘(30) The term ‘semiautomatic assault weapon’ 17
means— 18
‘‘(A) any of the firearms, or copies or duplicates 19
of the firearms in any caliber, known as— 20
‘‘(i) Norinco, Mitchell, and Poly Tech-21
nologies Avtomat Kalashnikovs (all models); 22
‘‘(ii) Action Arms Israeli Military Indus-23
tries UZI and Galil; 24
‘‘(iii) Beretta Ar70 (SC–70); 25
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‘‘(iv) Colt AR–15; 1
‘‘(v) Fabrique National FN/FAL, FN/ 2
LAR, and FNC; 3
‘‘(vi) SWD M–10, M–11, M–11/9, and M– 4
12; 5
‘‘(vii) Steyr AUG; 6
‘‘(viii) INTRATEC TEC–9, TEC–DC9 7
and TEC–22; and 8
‘‘(ix) revolving cylinder shotguns, such as 9
(or similar to) the Street Sweeper and Striker 10
12; 11
‘‘(B) a semiautomatic rifle that has an ability 12
to accept a detachable magazine and has at least 2 13
of— 14
‘‘(i) a folding or telescoping stock; 15
‘‘(ii) a pistol grip that protrudes conspicu-16
ously beneath the action of the weapon; 17
‘‘(iii) a bayonet mount; 18
‘‘(iv) a flash suppressor or threaded barrel 19
designed to accommodate a flash suppressor; 20
and 21
‘‘(v) a grenade launcher; 22
‘‘(C) a semiautomatic pistol that has an ability 23
to accept a detachable magazine and has at least 2 24
of— 25
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‘‘(i) an ammunition magazine that attaches 1
to the pistol outside of the pistol grip; 2
‘‘(ii) a threaded barrel capable of accepting 3
a barrel extender, flash suppressor, forward 4
handgrip, or silencer; 5
‘‘(iii) a shroud that is attached to, or par-6
tially or completely encircles, the barrel and 7
that permits the shooter to hold the firearm 8
with the nontrigger hand without being burned; 9
‘‘(iv) a manufactured weight of 50 ounces 10
or more when the pistol is unloaded; and 11
‘‘(v) a semiautomatic version of an auto-12
matic firearm; and 13
‘‘(D) a semiautomatic shotgun that has at least 14
2 of— 15
‘‘(i) a folding or telescoping stock; 16
‘‘(ii) a pistol grip that protrudes conspicu-17
ously beneath the action of the weapon; 18
‘‘(iii) a fixed magazine capacity in excess 19
of 5 rounds; and 20
‘‘(iv) an ability to accept a detachable 21
magazine.’’. 22
(c) PENALTIES.— 23
(1) VIOLATION OF SECTION 922(v).—Section 24
924(a)(1)(B) of title 18, United States Code, is 25
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amended by striking ‘‘or (q) of section 922’’ and in-1
serting ‘‘(r), or (v) of section 922’’. 2
(2) USE OR POSSESSION DURING CRIME OF VIO-3
LENCE OR DRUG TRAFFICKING CRIME.—Section 4
924(c)(1)(B)(i) of title 18, United States Code, is 5
amended by inserting ‘‘or semiautomatic assault 6
weapon,’’ after ‘‘short-barreled shotgun,’’. 7
(d) IDENTIFICATION MARKINGS FOR SEMIAUTO-8
MATIC ASSAULT WEAPONS.—Section 923(i) of title 18, 9
United States Code, is amended by adding at the end the 10
following: ‘‘The serial number of any semiautomatic as-11
sault weapon manufactured after the date of the enact-12
ment of this sentence shall clearly show the date on which 13
the weapon was manufactured.’’. 14
SEC. 3. BAN OF LARGE CAPACITY AMMUNITION FEEDING 15
DEVICES. 16
(a) PROHIBITION.—Section 922 of title 18, United 17
States Code, as amended by section 2(a), is amended by 18
adding after subsection (v) the following: 19
‘‘(w)(1) Except as provided in paragraph (2), it shall 20
be unlawful for a person to transfer or possess a large 21
capacity ammunition feeding device. 22
‘‘(2) Paragraph (1) shall not apply to the possession 23
or transfer of any large capacity ammunition feeding de-24
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vice otherwise lawfully possessed on or before the date of 1
the enactment of this subsection. 2
‘‘(3) This subsection shall not apply to— 3
‘‘(A) the manufacture for, transfer to, or pos-4
session by the United States or a department or 5
agency of the United States (including the United 6
States Armed Forces and, under regulations pursu-7
ant to title 50, United States Code, the National 8
Guard and Reserve), or a State or a department, 9
agency, or political subdivision of a State, or a 10
transfer to or possession by a law enforcement offi-11
cer employed by such an entity for purposes of law 12
enforcement (whether on or off duty); 13
‘‘(B) the transfer to a licensee under title I of 14
the Atomic Energy Act of 1954 for purposes of es-15
tablishing and maintaining an on-site physical pro-16
tection system and security organization required by 17
Federal law, or possession by an employee or con-18
tractor of such licensee on-site for such purposes or 19
off-site for purposes of licensee-authorized training 20
or transportation of nuclear materials; 21
‘‘(C) the possession, by an individual who is re-22
tired from service with a law enforcement agency 23
and is not otherwise prohibited from receiving am-24
munition, of a large capacity ammunition feeding de-25
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vice transferred to the individual by the agency upon 1
such retirement; or 2
‘‘(D) the manufacture, transfer, or possession 3
of any large capacity ammunition feeding device by 4
a licensed manufacturer or licensed importer for the 5
purposes of testing or experimentation authorized by 6
the Secretary.’’. 7
‘‘(4) If a person charged with violating paragraph (1) 8
asserts that paragraph (1) does not apply to such person 9
because of paragraph (2) or (3), the Government shall 10
have the burden of proof to show that such paragraph (1) 11
applies to such person. The lack of a serial number as 12
described in section 923(i) of title 18, United States Code, 13
shall be a presumption that the large capacity ammunition 14
feeding device is not subject to the prohibition of posses-15
sion in paragraph (1).’’. 16
(b) DEFINITION OF LARGE CAPACITY AMMUNITION 17
FEEDING DEVICE.—Section 921(a) of title 18, United 18
States Code, as amended by section 2(b), is amended by 19
adding after paragraph (30) the following: 20
‘‘(31) The term ‘large capacity ammunition feeding 21
device’— 22
‘‘(A) means a magazine, belt, drum, feed strip, 23
or similar device manufactured after the date of en-24
actment of the Violent Crime Control and Law En-25
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forcement Act of 1994 that has a capacity of, or 1
that can be readily restored or converted to accept, 2
more than 10 rounds of ammunition; but 3
‘‘(B) does not include an attached tubular de-4
vice designed to accept, and capable of operating 5
only with, .22 caliber rimfire ammunition.’’. 6
(c) PENALTY.—Section 924(a)(1)(B) of title 18, 7
United States Code, as amended by section 2(c), is amend-8
ed by striking ‘‘or (v)’’ and inserting ‘‘(v), or (w)’’. 9
(d) IDENTIFICATION MARKINGS FOR LARGE CAPAC-10
ITY AMMUNITION FEEDING DEVICES.—Section 923(i) of 11
title 18, United States Code, as amended by section 2(d), 12
is amended by adding at the end the following: ‘‘A large 13
capacity ammunition feeding device manufactured after 14
the date of the enactment of this sentence shall be identi-15
fied by a serial number that clearly shows that the device 16
was manufactured or imported after the effective date of 17
this subsection, and such other identification as the Attor-18
ney General may by regulation prescribe.’’. 19
SEC. 4. STUDY BY ATTORNEY GENERAL. 20
(a) STUDY.—The Attorney General shall investigate 21
and study the effect of this Act and the amendments made 22
by this Act, and in particular shall determine their impact, 23
if any, on violent and drug trafficking crime. The study 24
shall be conducted over a period of 18 months, com-25
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mencing 12 months after the date of enactment of this 1
Act. 2
(b) REPORT.—Not later than 30 months after the 3
date of enactment of this Act, the Attorney General shall 4
prepare and submit to the Congress a report setting forth 5
in detail the findings and determinations made in the 6
study under subsection (a). 7
SEC. 5. EFFECTIVE DATE. 8
This Act and the amendments made by this Act— 9
(1) shall take effect on the date of the enact-10
ment of this Act; and 11
(2) are repealed effective as of the date that is 12
10 years after that date. 13
SEC. 6. APPENDIX A TO SECTION 922 OF TITLE 18. 14
Section 922 of title 18, United States Code, is 15
amended by adding at the end the following appendix: 16
‘‘APPENDIX A 17
‘‘CENTERFIRE RIFLES—AUTOLOADERS 18
‘‘Browning BAR Mark II Safari Semi-Auto Rifle 19
‘‘Browning BAR Mark II Safari Magnum Rifle 20
‘‘Browning High-Power Rifle 21
‘‘Heckler & Koch Model 300 Rifle 22
‘‘Iver Johnson M–1 Carbine 23
‘‘Iver Johnson 50th Anniversary M–1 Carbine 24
‘‘Marlin Model 9 Camp Carbine 25
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‘‘Marlin Model 45 Carbine 1
‘‘Remington Nylon 66 Auto-Loading Rifle 2
‘‘Remington Model 7400 Auto Rifle 3
‘‘Remington Model 7400 Rifle 4
‘‘Remington Model 7400 Special Purpose Auto Rifle 5