Text of H.R. 6257: Assault Weapons Ban Reauthorization Act of 2008
http://www.govtrack.us/congress/billtext.xpd?bill=h110-6257
HR 6257 IH
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) introduced the following bill; which was referred to the Committee on the Judiciary
___________________________________
A BILL
To reinstate the Public Safety and Recreational Firearms Use Protection Act.
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 Reauthorization Act of 2008'.
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 after subsection (u) 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 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;
'© 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 (including the United States Armed Forces and, under regulations pursuant to title 50, United States Code, the National Guard and Reserve), 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;
'© 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 after paragraph (29) the following:
'(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;
'© 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.'.
© PENALTIES-
(1) VIOLATION OF SECTION 922(v)- Section 924(a)(1)(B) of title 18, United States Code, is amended by striking 'or (q) of section 922' and inserting '®, or (v) of section 922'.
(2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME- Section 924©(1)(B) (i) of title 18, United States Code, is amended 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: '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. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) PROHIBITION- Section 922 of title 18, United States Code, as amended by section 2(a), is amended by adding after subsection (v) the following:
'(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 (including the United States Armed Forces and, under regulations pursuant to title 50, United States Code, the National Guard and Reserve), 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;
'© 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 2(b), is amended by adding after paragraph (30) the following:
'(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.'.
© PENALTY- Section 924(a)(1)(B) of title 18, United States Code, as amended by section 2©, 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 2(d), 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 Attorney General may by regulation prescribe.'.
SEC. 4. 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. 5. 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. 6. 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:
