The text of the Assault Weapons Ban

[JohnLocke]

TITLE XI--FIREARMS
SUBTITLE A--ASSAULT WEAPONS
Sec. 110101. Short title.
Sec. 110102. Restriction on manufacture, transfer, and possession of certain semiautomatic assault weapons.
Sec. 110103. Ban of large capacity ammunition feeding devices. Sec. 110104. Study by Attorney General.
Sec. 110105. Effective date.
Sec. 110106. Appendix A to section 922 of title 18.
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SEC. 110101. SHORT TITLE.
This subtitle may be cited as the `Public Safety and Recreational
Firearms Use Protection Act'.
SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION
OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
(a) RESTRICTION- Section 922 of title 18, United States Code, is
amended by adding at the end the following new subsection:
`(v)(1) It shall be unlawful for a person to manufacture,
transfer, or possess a semiautomatic assault weapon.
`(2) Paragraph (1) shall not apply to the possession or transfer
of any semiautomatic assault weapon otherwise lawfully possessed
under Federal law on the date of the enactment of this subsection.
`(3) Paragraph (1) shall not apply to--
`(A) any of the firearms, or replicas or duplicates of the
firearms, specified in Appendix A to this section, as such
firearms were manufactured on October 1, 1993;
`(B) any firearm that--
`(i) is manually operated by bolt, pump, lever, or slide
action;
`(ii) has been rendered permanently inoperable; or
`(iii) is an antique firearm;
`(C) any semiautomatic rifle that cannot accept a detachable
magazine that holds more than 5 rounds of ammunition; or
`(D) any semiautomatic shotgun that cannot hold more than 5
rounds of ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in Appendix A shall not be
construed to mean that paragraph (1) applies to such firearm. No
firearm exempted by this subsection may be deleted from Appendix A
so long as this subsection is in effect.
`(4) Paragraph (1) shall not apply to--
`(A) the manufacture for, transfer to, or possession by the
United States or a department or agency of the United States or
a State or a department, agency, or political subdivision of a
State, or a transfer to or possession by a law enforcement
officer employed by such an entity for purposes of law
enforcement (whether on or off duty);
`(B) the transfer to a licensee under title I of the Atomic
Energy Act of 1954 for purposes of establishing and maintaining
an 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 from
service with a law enforcement agency and is not otherwise
prohibited from receiving a firearm, of a semiautomatic assault
weapon transferred to the individual by the agency upon such
retirement; or
`(D) the manufacture, transfer, or possession of a
semiautomatic assault weapon by a licensed manufacturer or
licensed importer for the purposes of testing or
experimentation authorized by the Secretary.'.
(b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON- Section 921(a) of
title 18, United States Code, is amended by adding at the end the
following new paragraph:
`(30) The term `semiautomatic assault weapon' means--
`(A) any of the firearms, or copies or duplicates of the
firearms in any caliber, known as--
`(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
`(ii) Action Arms Israeli Military Industries UZI and
Galil;
`(iii) Beretta Ar70 (SC-70);
`(iv) Colt AR-15;
`(v) Fabrique National FN/FAL, FN/LAR, and FNC;
`(vi) SWD M-10, M-11, M-11/9, and M-12;
`(vii) Steyr AUG;
`(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
`(ix) revolving cylinder shotguns, such as (or similar
to) the Street Sweeper and Striker 12;
`(B) a semiautomatic rifle that has an ability to accept a
detachable magazine and has at least 2 of--
`(i) a folding or telescoping stock;
`(ii) a pistol grip that protrudes conspicuously beneath
the action of the weapon;
`(iii) a bayonet mount;
`(iv) a flash suppressor or threaded barrel designed to
accommodate a flash suppressor; and
`(v) a grenade launcher;
`(C) a semiautomatic pistol that has an ability to accept a
detachable magazine and has at least 2 of--
`(i) an ammunition magazine that attaches to the pistol
outside of the pistol grip;
`(ii) a threaded barrel capable of accepting a barrel
extender, flash suppressor, forward handgrip, or silencer;
`(iii) a shroud that is attached to, or partially or
completely encircles, the barrel and that permits the
shooter to hold the firearm with the nontrigger hand
without being burned;
`(iv) a manufactured weight of 50 ounces or more when the
pistol is unloaded; and
`(v) a semiautomatic version of an automatic firearm; and
`(D) a semiautomatic shotgun that has at least 2 of--
`(i) a folding or telescoping stock;
`(ii) a pistol grip that protrudes conspicuously beneath
the action of the weapon;
`(iii) a fixed magazine capacity in excess of 5 rounds; and
`(iv) an ability to accept a detachable magazine.'.
(c) PENALTIES-
(1) VIOLATION OF SECTION 922(v)- Section 924(a)(1)(B) of such
title is amended by striking `or (q) of section 922' and
inserting `(r), or (v) of section 922'.
(2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG
TRAFFICKING CRIME- Section 924(c)(1) of such title is amended
in the first sentence by inserting `, or semiautomatic assault
weapon,' after `short-barreled shotgun,'.
(d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS-
Section 923(i) of such title is amended by adding at the end the
following: `The serial number of any semiautomatic assault weapon
manufactured after the date of the enactment of this sentence shall
clearly show the date on which the weapon was manufactured.'.
SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) PROHIBITION- Section 922 of title 18, United States Code, as
amended by section 110102(a), is amended by adding at the end the
following new subsection:
`(w)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer or possess a large capacity ammunition
feeding device.
`(2) Paragraph (1) shall not apply to the possession or transfer
of any large capacity ammunition feeding device otherwise lawfully
possessed on or before the date of the enactment of this subsection.
`(3) This subsection shall not apply to--
`(A) the manufacture for, transfer to, or possession by the
United States or a department or agency of the United States or
a State or a department, agency, or political subdivision of a
State, or a transfer to or possession by a law enforcement
officer employed by such an entity for purposes of law
enforcement (whether on or off duty);
`(B) the transfer to a licensee under title I of the Atomic
Energy Act of 1954 for purposes of establishing and maintaining
an 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 from
service with a law enforcement agency and is not otherwise
prohibited from receiving ammunition, of a large capacity
ammunition feeding device transferred to the individual by the
agency upon such retirement; or
`(D) the manufacture, transfer, or possession of any large
capacity ammunition feeding device by a licensed manufacturer
or licensed importer for the purposes of testing or
experimentation authorized by the Secretary.'.
`(4) If a person charged with violating paragraph (1) asserts
that paragraph (1) does not apply to such person because of
paragraph (2) or (3), the Government shall have the burden of proof
to show that such paragraph (1) applies to such person. The lack of
a serial number as described in section 923(i) of title 18, United
States Code, shall be a presumption that the large capacity
ammunition feeding device is not subject to the prohibition of
possession in paragraph (1).'.
(b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE-
Section 921(a) of title 18, United States Code, as amended by
section 110102(b), is amended by adding at the end the following
new paragraph:
`(31) The term `large capacity ammunition feeding device'--
`(A) means a magazine, belt, drum, feed strip, or similar
device manufactured after the date of enactment of the Violent
Crime Control and Law Enforcement Act of 1994 that has a
capacity of, or that can be readily restored or converted to
accept, more than 10 rounds of ammunition; but
`(B) does not include an attached tubular device designed to
accept, and capable of operating only with, .22 caliber rimfire
ammunition.'.
(c) PENALTY- Section 924(a)(1)(B) of title 18, United States
Code, as amended by section 110102(c)(1), is amended by striking
`or (v)' and inserting `(v), or (w)'.
(d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING
DEVICES- Section 923(i) of title 18, United States Code, as amended
by section 110102(d) of this Act, is amended by adding at the end
the following: `A large capacity ammunition feeding device
manufactured after the date of the enactment of this sentence shall
be identified by a serial number that clearly shows that the device
was manufactured or imported after the effective date of this
subsection, and such other identification as the Secretary may by
regulation prescribe.'.
SEC. 110104. STUDY BY ATTORNEY GENERAL.
(a) STUDY- The Attorney General shall investigate and study the
effect of this subtitle and the amendments made by this subtitle,
and in particular shall determine their impact, if any, on violent
and drug trafficking crime. The study shall be conducted over a
period of 18 months, commencing 12 months after the date of
enactment of this Act.
(b) REPORT- Not later than 30 months after the date of enactment
of this Act, the Attorney General shall prepare and submit to the
Congress a report setting forth in detail the findings and
determinations made in the study under subsection (a).
SEC. 110105. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle--
(1) shall take effect on the date of the enactment of this
Act; and
(2) are repealed effective as of the date that is 10 years
after that date.
SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by adding
at the end the following appendix:
`APPENDIX A <<-BOLD>
CENTERFIRE RIFLES--AUTOLOADERS <<-BOLD>
CENTERFIRE RIFLES--LEVER & SLIDE <<-BOLD>
CENTERFIRE RIFLES--BOLT ACTION <<-BOLD>
CENTERFIRE RIFLES--SINGLE SHOT <<-BOLD>
DRILLINGS, COMBINATION GUNS, DOUBLE RIFLES <<-BOLD>
RIMFIRE RIFLES--AUTOLOADERS <<-BOLD>
RIMFIRE RIFLES--LEVER & SLIDE ACTION <<-BOLD>
RIMFIRE RIFLES--BOLT ACTIONS & SINGLE SHOTS <<-BOLD>
COMPETITION RIFLES--CENTERFIRE & RIMFIRE <<-BOLD>
SHOTGUNS--AUTOLOADERS <<-BOLD>
SHOTGUNS--SLIDE ACTIONS <<-BOLD>
SHOTGUNS--OVER/UNDERS <<-BOLD>
SHOTGUNS--SIDE BY SIDES <<-BOLD>
SHOTGUNS--BOLT ACTIONS & SINGLE SHOTS <<-BOLD>
http://usinfo.state.gov/usa/infousa/laws/majorlaw/h3355_en.htm

[Wickerman]

1. Locking

If everyone who had a thought on the AWB posted their own thread then we would have nothing but AWB threads in the Justice and Public Safety forum. To avoid that, I asked that all AWB posts be posted in existing threads (as of Monday AM) or in the official AWB thread.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=118&topic_id=86348&mesg_id=86348

Since this thread offered no opinion it clearly belongs in an existing thread.