S 639
S639 DeConcini (D-AZ) 03/23/93 (269 lines)
Introduced in Senate
Antidrug Assault Weapons Limitation Act of 1993.
Special typefaces used in this bill version:
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Item Key: 2986
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103D CONGRESS
1ST SESSION
S. 639
To make unlawful the possession of certain assault weapons, to
establish a Federal penalty for drive-by shootings, and for other
purposes.
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IN THE SENATE OF THE UNITED STATES
March 23 (legislative day, MARCH 3), 1993
Mr. DECONCINI (for himself, Mr. SIMON, Mr. PRYOR, Mr. BUMPERS, Mr.
KOHL, Mr. BRADLEY, Mr. CHAFEE, Mr. SARBANES, Mr. MOYNIHAN, and Mr.
WARNER) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
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A BILL
To make unlawful the possession of certain assault weapons, to
establish a Federal penalty for drive-by shootings, and for other
purposes.
//Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,\\
!!TITLE I--ASSAULT WEAPONS!!
!!SECTION 101. SHORT TITLE.!!
This title may be cited as the "Antidrug Assault Weapons
Limitation Act of 1993".
!!SEC. 102. 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; and
"(I) Street Sweeper and Striker 12.
"(30) The term `form 4473' means the form prescribed by the
Secretary in section 178.124 of the Code of Regulations as of the
date of enactment of this paragraph, as that form or paragraph may
be amended, or a successor form or regulation, 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 under section 921(29)."; and
(2) in the chapter analysis by adding at the end the
following new item:
"931. Additional assault weapons.".
!!SEC. 103. 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, import, transport, ship, receive,
or possess an assault weapon.
"(2) This subsection does not apply with respect to--
"(A) the transfer, importation, transportation, shipping,
and receipt to or by, or possession by or under, authority of
the United States or any department or agency thereof or of any
State or any department, agency, or political subdivision
thereof, of an assault weapon; or
"(B) a lawful transfer, transportation, shipping, receipt,
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 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).".
!!SEC. 104. 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 (in accordance with section 3571(e)),
imprisoned not more than 6 months, or both.".
!!SEC. 105. 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. 106. 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 Congress a report setting forth in detail the findings and
determinations made in the study under subsection (a).
!!SEC. 107. EFFECTIVE DATE.!!
This title and the amendments made by this title--
(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.
!!TITLE II--INDISCRIMINATE USE OF WEAPONS TO FURTHER DRUG
CONSPIRACIES!!
!!SEC. 201. SHORT TITLE.!!
This title may be cited as the "Drive-By Shooting Prevention
Act of 1993".
!!SEC. 202. DRIVE-BY SHOOTING.!!
(a) IN GENERAL.--Chapter 2 of title 18, United States Code, is
amended by adding at the end the following new section:
!!"S 36. Drive-by shooting!!
"(a) OFFENSE AND PENALTIES.--
"(1) Whoever, in furtherance or to escape detection of a
major drug offense listed in subsection (b) and, with the intent
to intimidate, harass, injure, or maim, fires a weapon into a
group of two or more persons and who, in the course of such
conduct, causes grave risk to any human life shall be punished
by a term of no more than 25 years, or by fine as provided under
this title, or both.
"(2) Whoever, in furtherance or to escape detection of a
major drug offense listed in subsection (b) and, with the intent
to intimidate, harass, injure, or maim, fires a weapon into a
group of two or more persons and who, in the course of such
conduct, kills any person shall, if the killing--
"(A) is a first degree murder as defined in section
1111(a) of this title, be punished by death or imprisonment
for any term of years or for life, fined under this title,
or both: or
"(B) is a murder other than a first degree murder as
defined in section 1111(a) of this title, be fined under
this title, imprisoned for any term of years or for life, or
both.
"(b) MAJOR DRUG OFFENSE DEFINED.--A major drug offense within
the meaning of subsection (a) is one of the following:
"(1) a continuing criminal enterprise, punishable under
section 403(c) of the Controlled Substances Act (21 U.S.C.
848(c));
"(2) a conspiracy to distribute controlled substances
punishable under section 406 of the Controlled Substances Act
(21 U.S.C. 846) or punishable under section 1013 of the
Controlled Substances Import and Export Control Act (21 U.S.C.
963); or
"(3) an offense involving major quantities of drugs and
punishable under section 401(b)(1)(A) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of
the Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)).".
(b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 2 of
title 18, United States Code, is amended by adding at the end the
following new item:
"36. Drive-by shooting.".
!!TITLE III--MISCELLANEOUS FIREARMS OFFENSES!!
!!SEC. 301. STEALING AND SMUGGLING OF FIREARMS.!!
Section 924 of title 18, United States Code, is amended by
adding at the end the following new subsections:
"(i) A person who steals a firearm that is moving as, is a part
of, or has moved in interstate or foreign commerce shall be
imprisoned not less than 2 nor more than 10 years and may be fined
under this title.
"(j) A person who, with the intent to engage in or to promote
conduct that--
"(1) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and Export
Act (212 U.S.C. 951 et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.);
"(2) violates a State law relating to a controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)); or
"(3) constitutes a crime of violence (as defined in
subsection (c)(3));
smuggles or knowingly brings into the United States a firearm,
or attempts to do so, shall be imprisoned not more than 10 years,
fined under this title, or both.".
!!SEC. 302. MANDATORY REVOCATION OF SUPERVISED RELEASE FOR
POSSESSION OF A FIREARM.!!
Section 3583 of title 18, United States Code, is amended by
adding at the end the following new subsection:
"(h) MANDATORY REVOCATION OF SUPERVISED RELEASE FOR POSSESSION
OF A FIREARM.--If the court has provided, as a condition of
supervised release, that the defendant refrain from possessing a
firearm (as defined in section 921), and if the defendant is in
actual possession of such a firearm at any time prior to the
expiration or termination of a term of supervised release, the court,
after a hearing pursuant to the provisions of the Federal Rules of
Criminal Procedure that are applicable to probation revocation,
shall--
"(1) revoke the term of supervised release; and
"(2) subject to subsection (e)(3), require the defendant to
serve in prison all or part of the term of supervised release
without credit for time previously served on postrelease
supervision.".