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

103rd Congress, 1993–1994. Text as of May 16, 1994 (Placed on Calendar in the Senate).

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HR 4296 PCS

Calendar No. 426

103d CONGRESS

2d Session

H. R. 4296

To make unlawful the transfer or possession of assault weapons.

IN THE SENATE OF THE UNITED STATES

May 10 (legislative day, MAY 2), 1994

Received and read the first time

May 16, 1994

Read the second time and placed on the calendar


AN ACT

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,

SECTION 1. SHORT TITLE.

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

SEC. 2. 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:

    ‘(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 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 Act is in effect.

    ‘(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;

      ‘(B) the transfer of a semiautomatic assault weapon by a licensed manufacturer, licensed importer, or licensed dealer to an entity referred to in subparagraph (A) or to a law enforcement officer authorized by such an entity to purchase firearms for official use;

      ‘(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 such title is amended by adding at the end the following:

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

      ‘(A) any of the firearms, or copies 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 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. 3. RECORDKEEPING REQUIREMENTS FOR TRANSFERS OF GRANDFATHERED FIREARMS.

    (a) OFFENSE- Section 922 of title 18, United States Code, as amended by section 2(a) of this Act, is amended by adding at the end the following:

    ‘(w)(1) It shall be unlawful for a person to sell, ship, or deliver a semiautomatic assault weapon to a person who has not completed a form 4473 in connection with the transfer of the semiautomatic assault weapon.

    ‘(2) It shall be unlawful for a person to receive a semiautomatic assault weapon unless the person has completed a form 4473 in connection with the transfer of the semiautomatic assault weapon.

    ‘(3) If a person receives a semiautomatic assault weapon from anyone other than a licensed dealer, both the person and the transferor shall retain a copy of the form 4473 completed in connection with the transfer.

    ‘(4) Within 90 days after the date of the enactment of this subsection, the Secretary shall prescribe regulations ensuring the availability of form 4473 to owners of semiautomatic assault weapons.

    ‘(5) As used in this subsection, the term ‘form 4473’ means--

      ‘(A) the form which, as of the date of the enactment of this subsection, is designated by the Secretary as form 4473; or

      ‘(B) any other form which--

        ‘(i) is required by the Secretary, in lieu of the form described in subparagraph (A), to be completed in connection with the transfer of a semiautomatic assault weapon; and

        ‘(ii) when completed, contains, at a minimum, the information that, as of the date of the enactment of this subsection, is required to be provided on the form described in subparagraph (A).’.

    (b) PENALTY- Section 924(a) of such title is amended by adding at the end the following:

    ‘(6) A person who knowingly violates section 922(w) shall be fined not more than $1,000, imprisoned not more than 6 months, or both. Section 3571 shall not apply to any offense under this paragraph.’.

SEC. 4. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) PROHIBITION- Section 922 of title 18, United States Code, as amended by sections 2 and 3 of this Act, is amended by adding at the end the following:

    ‘(x)(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 the date of the enactment of this subsection.

    ‘(3) This subsection 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;

      ‘(B) the transfer of a large capacity ammunition feeding device by a licensed manufacturer, licensed importer, or licensed dealer to an entity referred to in subparagraph (A) or to a law enforcement officer authorized by such an entity to purchase large capacity ammunition feeding devices for official use;

      ‘(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.’.

    (b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE- Section 921(a) of such title, as amended by section 2(b) of this Act, is amended by adding at the end the following:

    ‘(31) 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 such title is amended in the first sentence by striking ‘or (D) any destructive device.’ and inserting ‘(D) any destructive device; or (E) any large capacity ammunition feeding device.’.

    (d) PENALTY- Section 924(a)(1)(B) of such title, as amended by section 2(c) of this Act, is amended by striking ‘or (v)’ and inserting ‘(v), or (x)’.

    (e) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES- Section 923(i) of such title, as amended by section 2(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. 5. STUDY BY ATTORNEY GENERAL.

    (a) STUDY- The Attorney General shall investigate and study the effect of this Act and the amendments made by this Act, 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. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act--

      (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. 7. 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

Passed the House of Representatives May 5, 1994.

Attest:

DONNALD K. ANDERSON,

Clerk.

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