Going to get interesting. Had to delete penalties and how it apply's to minors to get this to fit. This is dated March 2005. If it is a repeat post, sorry.
109th CONGRESS
1st Session
S. 645
To reinstate the Public Safety and Recreational Firearms Use Protection Act.
IN THE SENATE OF THE UNITED STATES
March 16, 2005
Mr. LAUTENBERG (for himself, Mr. CORZINE, Mr. SCHUMER, Mrs. BOXER, Mr. KENNEDY, Mr. DURBIN, Ms. MIKULSKI, Mr. SARBANES, Mr. REED, Mr. AKAKA, Mr. DODD, and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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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 and Law Enforcement Protection Act of 2005'.
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 enactment of this subsection.
`(3) Paragraph (1) shall not apply to any firearm that--
`(A) is manually operated by bolt, pump, level, or slide action;
`(B) has been rendered permanently inoperable; or
`(C) is an antique firearm.
`(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 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 onsite physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee onsite for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
`(C) 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.
`(5) It shall be unlawful for any person to transfer a semiautomatic assault weapon to which paragraph (1) does not apply, except through--
`(A) a licensed dealer, and for purposes of subsection (t) in the case of such a transfer, the weapon shall be considered to be transferred from the business inventory of the licensed dealer and the dealer shall be considered to be the transferor; or
`(B) a State or local law enforcement agency if the transfer is made in accordance with the procedures provided for in subsection (t) of this section and section 923(g).
`(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit the record to Congress and make the record available to the general public.'.
(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 any of the following:
`(A) RIFLES- The following rifles or copies or duplicates thereof--
`(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR;
`(ii) AR-10;
`(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;
`(iv) AR70;
`(v) Calico Liberty;
`(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;
`(vii) Fabrique National FN/FAL, FN/LAR, or FNC;
`(viii) Hi-Point Carbine;
`(ix) HK-91, HK-93, HK-94, or HK-PSG-1;
`(x) Kel-Tec Sub Rifle;
`(xi) M1 Carbine;
`(xii) Saiga;
`(xiii) SAR-8, SAR-4800;
`(xiv) SKS with detachable magazine;
`(xv) SLG 95;
`(xvi) SLR 95 or 96;
`(xvii) Steyr AUG;
`(xviii) Sturm, Ruger Mini-14;
`(xix) Tavor;
`(xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando; or
`(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz).
`(B) PISTOLS- The following pistols or copies or duplicates thereof--
`(i) Calico M-110;
`(ii) MAC-10, MAC-11, or MPA3;
`(iii) Olympic Arms OA;
`(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or
`(v) Uzi.
`(C) SHOTGUNS- The following shotguns or copies or duplicates thereof--
`(i) Armscor 30 BG;
`(ii) SPAS 12 or LAW 12;
`(iii) Striker 12; or
`(iv) Streetsweeper.
`(D) DETACHABLE MAGAZINE RIFLES- A semiautomatic rifle that has an ability to accept a detachable magazine, and that has--
`(i) a folding or telescoping stock;
`(ii) a threaded barrel;
`(iii) a pistol grip;
`(iv) a forward grip; or
`(v) a barrel shroud.
`(E) FIXED MAGAZINE RIFLES- A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, 22 caliber rimfire ammunition.
`(F) DETACHABLE MAGAZINE PISTOLS- A semiautomatic pistol that has the ability to accept a detachable magazine, and has--
`(i) a second pistol grip;
`(ii) a threaded barrel;
`(iii) a barrel shroud; or
`(iv) the capacity to accept a detachable magazine at a location outside of the pistol grip.
`(G) FIXED MAGAZINE PISTOLS- A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
`(H) SEMIAUTOMATIC SHOTGUNS- A semiautomatic shotgun that has--
`(i) a folding or telescoping stock;
`(ii) a pistol grip;
`(iii) the ability to accept a detachable magazine; or
`(iv) a fixed magazine capacity of more than 5 rounds.
`(I) OTHER SHOTGUNS- A shotgun with a revolving cylinder.
`(J) FRAMES OR RECEIVERS- A frame or receiver that is identical to, or based substantially on the frame or receiver of, a firearm described in any of subparagraphs (A) through (I) or (L).
`(K) CONVERSION KITS- A conversion kit.
`(L) MILITARY OR LAW ENFORCMENT WEAPONS- A semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.'.
