HR 1472 (Revised)

 

    HR1472       Schumer (D-NY)          01/27/94       (160 lines) 
                 Sponsor Change House 

Assault Weapons Limitation Act of 1993. 

Special typefaces used in this bill version: 
     //   \\    Italic 
     !!   !!    Bold roman 
Item Key: 9864 
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103D CONGRESS 
2D SESSION 
  
                                  H. R. 1472 
  
To make unlawful the transfer or possession of assault weapons. 
  
                           ======================= 
  
                       IN THE HOUSE OF REPRESENTATIVES 
  
                                March 24, 1993 
  
Mr. SCHUMER (for himself and Mr. SYNAR) introduced the following 
  bill; which was referred to the Committee on the Judiciary 
  
                               January 27, 1994 
  
Additional sponsors: Mr. ACKERMAN, Mr. DEUTSCH, Mrs. MALONEY, Mr. 
  MANTON, Mr. GUTIERREZ, Mr. MEEHAN, Mr. TOWNS, Mr. FRANK of 
  Massachusetts, Mr. LIPINSKI, Ms. NORTON, Mr. JOHNSTON of Florida, 
  Mr. YATES, Ms. PELOSI, Mr. REYNOLDS, Mr. ROMERO-BARCELO, Mr. SCOTT, 
  Mr. MILLER of California, Mr. HOAGLAND, Ms. ESHOO, Mr. STUDDS, Mr. 
  MCDERMOTT, Mr. WYNN, Mr. BACCHUS of Florida, Mr. ENGEL, and Ms. 
  HARMAN 
  
                           ======================= 
  
                                    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,\\ 
  
!!SECTION 1. SHORT TITLE.!! 
  
    This Act may be cited as the "Assault Weapons Limitation Act of 
1993". 
  
!!SEC. 2. DEFINITIONS.!! 
  
    (a) IN GENERAL.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following new paragraphs: 
  
    "(29) The term `assault weapon' means any of the firearms known 
as-- 
        "(A) Norinco, Mitchell, and Poly Technologies Avtomat 
    Kalashnikovs (all models); 
        "(B) Action Arms Israeli Military Industries UZI and Galil; 
        "(C) Beretta AR-70 (SC-70); 
        "(D) Colt AR-15 and CAR-15; 
        "(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC; 
        "(F) MAC 10 and MAC 11; 
        "(G) Steyr AUG; 
        "(H) INTRATEC TEC-9; or 
        "(I) Street Sweeper and Striker 12. 
  
    "(30) The term `form 4473' means the form prescribed by the 
Secretary in section 178.124 of title 27, Code of Federal 
Regulations, as in effect on the date of enactment of this paragraph, 
or the equivalent of such a form.". 
  
    (b) RECOMMENDATIONS OF THE SECRETARY.--Chapter 44 of title 18, 
United States Code, is amended-- 
        (1) by adding at the end the following new section: 
  
!!"S 931. Additional assault weapons!! 
  
    "The Secretary, in consultation with the Attorney General, may 
recommend to the Congress the addition or deletion of firearms 
designated as assault weapons in section 921(a)(29)."; and 
        (2) in the chapter analysis by adding at the end the 
    following new item: 
  
"931. Additional assault weapons.". 
  
!!SEC. 3. UNLAWFUL ACTS.!! 
  
    Section 922 of title 18, United States Code, is amended by 
adding at the end the following new subsections: 
  
    "(s)(1) Except as provided in paragraph (2), it shall be 
unlawful for a person to transfer or possess an assault weapon. 
  
    "(2) This subsection does not apply with respect to-- 
        "(A) the transfer or possession of an assault weapon by or 
    under authority of, the United States or any department or 
    agency thereof, or any State or any department, agency, or 
    political subdivision thereof; or 
        "(B) an otherwise lawful transfer or possession of an 
    assault weapon that was lawfully possessed before the effective 
    date of this subsection. 
  
    "(t)(1) It shall be unlawful for a person to sell, ship, or 
deliver an assault weapon to a person who has not completed a form 
4473 in connection with the disposition of the assault weapon. 
  
    "(2) Except as provided in paragraph (3), it shall be unlawful 
for a person to purchase, possess, or accept delivery of an assault 
weapon unless the person has completed a form 4473 in connection 
with the disposition of the assault weapon. 
  
    "(3) Paragraph (2) shall not apply to the possession of an 
assault weapon by a person who has owned the assault weapon 
continuously since before the effective date of this paragraph, 
until the end of the 90-day period that begins with the date the 
Secretary prescribes regulations under paragraph (5). 
  
    "(4) 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. 
  
    "(5) The Secretary shall, within 90 days after the date of 
enactment of this subsection, prescribe regulations with respect to 
the completion of form 4473 pursuant to paragraph (3), and the 
availability of form 4473 from licensed dealers.". 
  
!!SEC. 4. PENALTIES.!! 
  
    Section 924 of title 18, United States Code, is amended-- 
        (1) in subsection (c), by inserting "and if the firearm is 
    an assault weapon, to imprisonment for 10 years," after 
    "sentenced to imprisonment for five years,"; and 
        (2) 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, imprisoned not more than 6 months, or 
both.". 
  
!!SEC. 5. DISABILITY.!! 
  
    Section 922(g)(1) of title 18, United States Code, is amended 
by inserting "or of a violation of section 922(t)" before the 
semicolon. 
  
!!SEC. 6. STUDY BY THE 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. 7. EFFECTIVE DATE.!! 
  
    This Act and the amendments made by this Act-- 
        (1) shall become effective on the date that is 30 days 
    after the date of enactment of this Act; and 
        (2) are repealed effective as of the date that is 3 years 
    after the effective date.