H.R. 4296 (103rd): Public Safety and Recreational Firearms Use Protection Act

103rd Congress, 1993–1994. Text as of Apr 25, 1994 (Introduced).

Status & Summary | PDF | Source: GPO

HR 4296 IH

103d CONGRESS

2d Session

H. R. 4296

To make unlawful the transfer or possession of assault weapons.

IN THE HOUSE OF REPRESENTATIVES

April 25, 1994

Mr. SCHUMER (for himself, Mr. REYNOLDS, Mr. SYNAR, Mr. ABERCROMBIE, Mr. ANDREWS of Maine, Mr. BECERRA, Mr. BEILENSON, Mr. BERMAN, Mr. BORSKI, Mrs. BYRNE, Mr. CARDIN, Mr. CASTLE, Mrs. CLAYTON, Mr. COPPERSMITH, Ms. DELAURO, Mr. DEUTSCH, Mr. ENGEL, Ms. ENGLISH of Arizona, Ms. ESHOO, Mr. FINGERHUT, Mr. FRANK of Massachusetts, Mr. GUTIERREZ, Ms. HARMAN, Mr. HOAGLAND, Mr. HOCHBRUECKNER, Mr. JOHNSTON of Florida, Mr. KENNEDY, Mr. LEWIS of Georgia, Mrs. LOWEY, Mrs. MALONEY, Mr. MANN, Mr. MANTON, Mr. MARKEY, Mr. MAZZOLI, Mr. MORAN, Mr. NADLER, Mr. OWENS, Ms. PELOSI, Mr. RANGEL, Mr. SABO, Ms. SCHENK, Mrs. SCHROEDER, Mr. SERRANO, Ms. SHEPHERD, Ms. SLAUGHTER, Mr. STARK, Mr. STUDDS, Ms. VELAZQUEZ, Mr. VENTO, Mr. WAXMAN, Mr. WHEAT, Ms. WOOLSEY, and Mr. YATES) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To make unlawful the transfer or possession of assault weapons.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. XX01. SHORT TITLE.

    This Act may be cited as the ‘Public Safety and Recreational Firearms Use Protection Act’.

SEC. XX02. 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:

    ‘(s)(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.’.

    (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:

    ‘(29) The term ‘semiautomatic assault weapon’ means--

      ‘(A) any of the firearms, or types, replicas, or duplicates of the firearms, known as--

        ‘(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

        ‘(ii) Action Arms Israeli Military Industries UZI and Galil;

        ‘(iii) Beretta AR-70 (SC-70);

        ‘(iv) Colt AR-15;

        ‘(v) Fabrique Nationale FN/FAL, FN/LAR, and FNC;

        ‘(vi) MAC 10, M-10, MAC 11, and M-11;

        ‘(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 non-trigger 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(s)- Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ‘or (q) of section 922’ and inserting ‘(q), or (s) of section 922’.

      (2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME- Section 924(c)(1) of title 18, United States Code, 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 title 18, United States Code, is amended by adding at the end the following new sentence: ‘The serial number of any semiautomatic assault weapon manufactured after the date of enactment of this section shall clearly show the date on which the weapon was manufactured.’.

SEC. XX03. EXEMPTION FOR FIREARMS LAWFULLY POSSESSED PRIOR TO DATE OF ENACTMENT.

    Section 922(s) of title 18, United States Code, as added by section XX02(a), is amended by adding at the end the following paragraph:

    ‘(2) Paragraph (1) shall not apply to the transfer or possession of any firearm that was lawfully possessed before the effective date of this subsection.’.

SEC. XX04. EXEMPTION FOR CERTAIN HUNTING AND SPORTING FIREARMS.

    Section 922 of title 18, as amended by section XX03, is amended by adding at the end the following paragraph:

    ‘(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.’.

SEC. XX05. EXEMPTIONS FOR GOVERNMENTAL AND EXPERIMENTAL USE.

    Section 922(s) of title 18, United States Code, as amended by section XX04, is amended by adding the following paragraph:

    ‘(4) Paragraph (1) shall not apply to--

      ‘(A) 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

      ‘(B) the manufacture, transfer, or possession of any firearm by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.’.

SEC. XX06. RECORDKEEPING REQUIREMENTS AND RELATED RESTRICTIONS.

    (a) OFFENSE- Section 922 of title 18, United States Code, as amended by section XX05, is amended by adding at the end the following new subsection:

    ‘(t)(1) It shall be unlawful for a person to sell, ship, or deliver an assault weapon to a person who does not fill out a form 4473 in connection with the purchase of the assault weapon.

    ‘(2) It shall be unlawful for a person to purchase, possess, or accept delivery of an assault weapon unless the person has filled out a form 4473 in connection with the purchase of the assault weapon.

    ‘(3) If a person purchases an assault weapon from anyone other than a licensed dealer, both the purchaser and the seller shall maintain a record of the sale on the seller’s original copy of form 4473.

    ‘(4) An owner of an assault weapon on the effective date of this subsection who requires retention of form 4473 under this subsection shall, within 90 days after publication of regulations by the Secretary under paragraph (5), request a copy of form 4473 from a licensed dealer in accordance with those regulations.

    ‘(5) The Secretary shall, within 90 days after the date of enactment of this subsection, prescribe regulations for the request and delivery of form 4473 under paragraph (4).’.

    (b) PENALTY- Section 924 of title 18, United States Code, is amended by adding at the end the following new subsection:

    ‘(i) A person who knowingly violates section 922(t) shall be fined not more than $1,000 (in accordance with section 3571(e)), imprisoned not more than 6 months, or both.’.

    (c) DISABILITY- Section 922(g)(1) of title 18, United States Code, is amended by inserting ‘or a violation of section 922(t)’ before the semicolon at the end.

SEC. XX07. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) PROHIBITION- Section 922 of title 18, United States Code, as amended by section XX06, is amended by adding at the end the following new subsection:

    ‘(u)(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) This subsection does not apply to--

      ‘(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency of the United States or a State, or a department, agency, or political subdivision of a State;

      ‘(B) the lawful transfer or lawful possession of a large capacity ammunition feeding device that was lawfully possessed before the effective date of this subsection; or

      ‘(C) the transfer or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.’.

    (b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE- Section 921(a) of title 18, United States Code, as amended by section XX02(b), is amended by adding at the end the following new paragraph:

    ‘(30) The term ‘large capacity ammunition feeding device’--

      ‘(A) means--

        ‘(i) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and

        ‘(ii) any combination of parts from which a device described in clause (i) can be assembled; but

      ‘(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.’.

    (c) LARGE CAPACITY AMMUNITION FEEDING DEVICES TREATED AS FIREARMS- Section 921(a)(3) of title 18, United States Code, is amended in the first sentence--

      (1) by striking ‘or (D) any destructive device.’; and

      (2) by inserting ‘(D) any destructive device; or (E) any large capacity ammunition feeding device.’.

    (d) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, as amended by section XX02(c), is amended by striking ‘or (s)’ and inserting ‘(s), or (u)’.

    (e) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES- Section 923(i) of title 18, United States Code, as amended by section XX02(d), is amended by adding at the end the following new sentence: ‘A large capacity ammunition feeding device manufactured after the date of 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. XX08. STUDY BY ATTORNEY GENERAL.

    (a) STUDY- The Attorney General shall investigate and study the effect of this title and the amendments made by this title, 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 Congress a report setting forth in detail the findings and determinations made in the study under subsection (a).

SEC. XX09. EFFECTIVE DATE.

    This title and the amendments made by this title--

      (1) shall take effect on the date of enactment of this Act; and

      (2) are repealed effective as of the date that is 10 years after that date.

SEC. XX10. 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

Centerfire Rifles--Autoloaders

Centerfire Rifles--Lever & Slide

Centerfire Rifles--Bolt Action

Centerfire Rifles--Single Shot

Drillings, Combination Guns, Double Rifles

Rimfire Rifles--Autoloaders

Rimfire Rifles--Lever & Slide Action

Rimfire Rifles--Bolt Actions & Single Shots

Competition Rifles--Centerfire & Rimfire

Shotguns--Autoloaders

Shotguns--Slide Actions

Shotguns--Over/Unders

Shotguns--Side by Sides

Shotguns--Bolt Actions & Single Shots