March 23, 1994 S. 1878 _ Gun Violence Prevention Act of 1994 S. 1882*_ Gun Violence Prevention Act of 1994 (*without excise tax increases and gun exchange provisions) H.R. 3932 (identical to S. 1878) Anti-gun politicians such as Sen. Howard Metzenbaum and Rep. Charles Schumer offer a fairy tale world where the violent crime problem can somehow be solved by disarming honest citizens. Their latest schemes might be described as "Goldilocks Gun Control"_ban some guns because they're too small, ban some guns because they're too big and offer a list of "good" guns that are just right. The Metzenbaum/Schumer bills, however, are not fantasy; they are the gun prohibitionist's wish list. PROVISIONS: Expands definition of firearms to include component parts_receiver, barrel, stock, ammunition magazine, "or any part of the action" (pins, springs, screws, etc.). Requires a federal arsenal license for a person to possess more than 20 firearms (see expanded definition above) or 1,000 rounds of ammunition. License is $300 for 3 years. Licensee is subject to the obligations and requirements of licensed dealers, which would include unannounced inspections by BATF. Requires state-issued license (valid for no more than 2 years) to buy a handgun and handgun ammunition. License cannot be obtained without a state- issued handgun safety certificate. Transfer of a handgun requires registering the transfer with state's chief law enforcement officer. Registration form requires make, model, caliber and serial number without any provision for guns about which such information is unknown. Increases excise tax on handguns and handgun ammunition to 30% and 50% respectively. All revenue from these taxes goes to a health care trust fund. Will have a devastating impact on the Pittman-Robertson wildlife restoration and shooting range construction account. Essentially repeals the Brady Act by establishing a permanent national 7-day waiting period for handguns and handgun ammunition sales. The National Instant Check system would apply only to long guns. Prohibits firearm transfers to an individual under indictment, or firearm possession and transfers to an individual who has been convicted of an offense involving the use, attempted use, or threatened use of physical force, or is subject to a restraining order issued by a court. Prohibits transfer of a handgun and ammunition to, or possession of such by, a juvenile (under 21 yrs. old) or transfer of other firearms and ammunition to, or possession of such by, a juvenile (under 16 yrs. old). Exceptions require personal supervision of an adult. Requires "proper storage" of firearms and ammunition to prevent accessibility by juveniles (under 16 yrs. old). Adult is liable even if a juvenile is only "likely" to gain access. Provisions are not limited to the premises of the adult's home. No exception is made for theft. This provision would "chill" the ability of any adult to own firearms because of the liability threshold. FFL dealer fee is increased to $1000 annually. Unannounced inspections are increased to 3 times per year. Gives BATF 6 months, instead of 45 days, to act on a license application. Prohibits the purchase or transfer of more than one handgun in any 30- day period. Requires FFLs to carry up to $100,000 in insurance. Requires a federal firearms license to sell ammunition. "Arsenal" license holder would be obligated to get insurance coverage. Requires safety devices on firearms. The threshold is the ability of a child less than 7 yrs. of age to discharge a firearm. Requires pistols with removable magazines to have magazine safeties and devices that indicate whether the magazine or chamber is loaded. (NOTE: this last provision is counter-productive. Might lead some to think a pistol is unloaded because the magazine is empty, while a round could be in the chamber.) Bans semi-automatic "assault weapons" using Feinstein amendment provisions. Bans "Saturday Night Specials," which are defined in several ways, including: 1) a handgun with a barrel, slide, frame or receiver die cast of zinc alloy. (NOTE: Die-cast zinc alloy frame Firearms International Guardian Regent revolver was the top performer in 1971 BATF "handgun destruction" tests.) 2) a handgun that uses .22 Short (including, of course, any .22 L.R.) .25- or .32-cal. ammunition and weighs less than 18 ozs. 3) any revolver with a barrel of less than 3" and any pistol with a combined length and height of less than 10". 4) any pistol lacking a "positive manually operated safety device." 5) any revolver with a safety that can't pass a drop test. Bans "nonsporting ammunition," including the 73-year-old .50-cal. BMG cartridge and "any handgun ammunition measuring more than .45" in diameter." (NOTE: virtually all .45s have Sporting Arms & Manufacturers Institute (SAAMI) tolerances greater than .450" for bullets and greater than .470" for cases. All .44s are greater than .450" in their cases.) Also bans "any ammunition that contains an incendiary or explosive charge" (NOTE: gunpowder is an incendiary, and primers are explosive charges). Bans "large-capacity ammunition feeding devices," defined as being capable of accepting more than 6 rounds. Also bans any combination of parts from which such a device can be assembled. (NOTE: Existing firearms and ammunition covered by the ban on manufacture will be treated as NFA weapons). Eliminates individual right to obtain "relief" from disability, i.e., to have federal firearms rights restored. Provides tax deductions for contributions of goods used for gun exchange programs. Authority provided to impose fees for licensing, registration, and administering safety courses and examinations. Such fees could recover more than costs, i.e., such fees could be imposed to raise revenues. Anyone violating the law is liable for all damages proximately caused by such sale, delivery, or other transfer. This provision gives federal courts jurisdiction in matters traditionally dealt with by state law. Allows state and local law enforcement agencies to maintain multiple sales records indefinitely. This is essentially a moot provision under the one-gun-a-month limitation. Eliminates dealers' sales of firearms at gun shows.