S 653
S653 Metzenbaum (D-OH) 03/25/93 (253 lines)
Introduced in Senate
Semiautomatic Assault Weapon Violence Prevention Act of 1993.
Special typefaces used in this bill version:
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!! !! Bold roman
Item Key: 3087
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103D CONGRESS
1ST SESSION
S. 653
To prohibit the transfer or possession of semiautomatic assault
weapons, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
March 25 (legislative day, MARCH 3), 1993
Mr. METZENBAUM (for himself, Mrs. FEINSTEIN, Mrs. BOXER, Mr.
WELLSTONE, Ms. MOSELEY-BRAUN, Mr. KENNEDY, Ms. MIKULSKI, Mrs.
MURRAY, and Mr. LAUTENBERG) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
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A BILL
To prohibit the transfer or possession of semiautomatic assault
weapons, and for other purposes.
//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 "Semiautomatic Assault Weapon
Violence Prevention Act of 1993".
!!SEC. 2. PROHIBITION OF SEMIAUTOMATIC ASSAULT WEAPONS.!!
(a) DEFINITIONS.--Section 921(a) of title 18, United States
Code, is amended--
(1) in paragraph (28) by striking " `semiautomatic rifle'
means any repeating rifle" and inserting " `semiautomatic
firearm' means a repeating firearm"; and
(2) by adding at the end the following new paragraph:
"(29) The term `semiautomatic assault weapon'--
"(A) means--
"(i) any of the semiautomatic firearms known as--
"(I) A.A. Arms AP-9;
"(II) Auto-Ordnance Thompson;
"(III) Barrett Light-Fifty;
"(IV) Beretta AR-70;
"(V) Bushmaster Auto Rifle;
"(VI) Calico M-900 and M-950;
"(VII) Cobray, Ingram and RPB MAC-10 and MAC-11;
"(VIII) Colt AR-15 and Sporter;
"(IX) Encom MP-9 and MP-45;
"(X) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
"(XI) Feather AT-9;
"(XII) Federal XP900 and XP450;
"(XIII) Franchi SPAS-12;
"(XIV) Intratec TEC-9 and TEC-22;
"(XV) Israeli Military Industries UZI and Galil;
"(XVI) Iver Johnson Enforcer 3000;
"(XVII) Norinco, Mitchell and Poly Technologies
Avtomat Kalashnikovs;
"(XVIII) Steyr AUG; or
"(XIX) USAS-12;
"(ii) a revolving-cylinder shotgun such as or similar
to the Street Sweeper or Striker 12; and
"(iii) a semiautomatic firearm designated by the
Secretary as a semiautomatic assault weapon under section
931; and
"(B) does not include (among other firearms)--
"(i) any of the firearms known as--
"(I) Remington Model 1100 shotgun;
"(II) Remington Model 7400 rifle;
"(III) Mossberg Model 5500 shotgun;
"(IV) HK Model 300 rifle;
"(V) Marlin Model 9 camp carbine;
"(VI) Browning High-Power rifle; or
"(VII) Remington Nylon 66 auto loading rifle;
"(ii) a firearm that is a manually operated bolt action
firearm;
"(iii) a lever action firearm;
"(iv) a slide action firearm; or
"(v) a firearm that has been rendered permanently
inoperable.".
(b) PROHIBITION.--Section 922 of title 18, United States Code,
is amended by adding at the end the following new subsection:
"(s)(1) Except as provided in paragraph (2), it shall be
unlawful for a person to transfer or possess a semiautomatic assault
weapon.
"(2) This subsection does not apply with respect to--
"(A) a transfer to or by, or possession by or under the
authority of 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) a lawful transfer or lawful possession of a
semiautomatic assault weapon that was lawfully possessed before
the effective date of this subsection or, in the case of a
semiautomatic firearm that the Secretary designates as a
semiautomatic assault weapon pursuant to section 931, before the
date on which the designation is made; or
"(C) the 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.".
(c) DESIGNATION OF SEMIAUTOMATIC ASSAULT WEAPONS.--
(1) IN GENERAL.--Chapter 44 of title 18, United States Code,
is amended by adding at the end the following new section:
!!"S 931. Designation of semiautomatic assault weapons !!
"(a) IN GENERAL.--Not later than 180 days after the date of
enactment of this section, and annually thereafter, the Secretary,
in consultation with the Attorney General, shall determine whether
any other semiautomatic firearm (other than a firearm described in
section 921(a)(29)(B)) should be designated as a semiautomatic
assault weapon in addition to those previously designated by section
921(a)(29)(A) or by the Secretary under this section.
"(b) CRITERIA.--(1) The Secretary shall by regulation designate
as a semiautomatic assault weapon a rifle, pistol, or shotgun that
is a semiautomatic firearm and that is described in paragraph (2),
(3), (4), or (5).
"(2) A replica or duplicate in any caliber of a semiautomatic
firearm described in section 921(a)(29)(A)(i) is a semiautomatic
assault weapon.
"(3) A rifle that is a semiautomatic firearm is a semiautomatic
assault weapon if it--
"(A) is not generally recognized as being particularly
suitable for or readily adaptable to sporting purposes;
"(B) has an ability to accept a detachable magazine; and
"(C) has at least 2 of the following characteristics:
"(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.
"(v) A grenade launcher.
"(4) A pistol that is a semiautomatic firearm is a
semiautomatic assault weapon if it--
"(A) is not generally recognized as being particularly
suitable for or adaptable to sporting purposes; and
"(B) has an ability to accept a detachable magazine; and
"(C) has at least 2 of the following characteristics:
"(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 hand grip, 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 second hand without being
burned.
"(iv) A manufactured weight of 50 ounces or more when
the pistol is unloaded.
"(v) A semiautomatic version of an automatic firearm.
"(5) A shotgun that is a semiautomatic firearm is a
semiautomatic assault weapon if it--
"(A) is not generally recognized as being particularly
suitable for or adaptable to sporting purposes; and
"(B) has at least 2 of the following characteristics:
"(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 6 rounds.
"(iv) An ability to accept a detachable magazine.".
(2) TECHNICAL AMENDMENT.--The chapter analysis for chapter
44 of title 18, United States Code, is amended by adding at the
end the following new item:
"931. Designation of semiautomatic assault weapons.".
(d) PENALTIES.--Section 924(a)(1)(B) of title 18, United States
Code, is amended by striking "or 922(q)" and inserting "922 (q), (r),
or (s)".
(e) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS.--
Section 923(i) of title 18, United States Code, is amended by adding
at the end the following new sentence: "The serial number of a
semiautomatic assault weapon shall clearly show if the weapon was
manufactured or imported after the effective date of this
sentence.".
!!SEC. 3. PROHIBITION OF LARGE CAPACITY AMMUNITION FEEDING
DEVICES. !!
(a) PROHIBITION.--Section 922 of title 18, United States Code,
as amended by section 2, is amended by adding at the end the
following new subsection:
"(t)(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) This subsection does not apply with respect to--
"(A) a transfer to or by, or possession by or under the
authority of, the United States or any department or agency of
the United States or a State, or a department, agency, or
political subdivision of a State;
"(B) a lawful transfer or lawful possession of a large
capacity ammunition feeding device that was lawfully possessed
before the effective date of this subsection other than a
transfer by a licensed dealer; or
"(C) the transfer or possession of a large capacity
ammunition feeding device by a licensed manufacturer or licensed
importer for the purposes of testing or experimentation
authorized by the Secretary.".
(b) LARGE CAPACITY AMMUNITION FEEDING DEVICE DEFINED.--Section
921(a) of title 18, United States Code, as amended by section 2, is
amended by adding at the end the following new paragraph:
"(30) 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 DEFINED AND
TREATED AS FIREARMS.--Section 921(a)(3) of title 18, United States
Code, is amended in the first sentence--
(1) by striking "or"; and
(2) by striking "device." and inserting ", or (E) any large
capacity ammunition feeding device.".
(d) PENALTY.--Section 924(a)(1)(B) of title 18, United States
Code, as amended by section 2(d), is amended by striking "or (s)"
and inserting "(s), or (t)".
(e) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION
FEEDING DEVICES.--Section 923(i) of title 18, United States Code, is
amended by adding at the end the following new sentence: "A large
capacity ammunition feeding device shall be identified by a serial
number that clearly shows the device was manufactured or imported
after the effective date of this subsection, and such other
identification as the Secretary may by regulations prescribe.".