Well here it comes...

110th U.S. Congress (2007-2008)
H.R. 1022: To reauthorize the assault weapons ban, and
for other purposes
HR 1022 IH


110th CONGRESS

1st Session

H. R. 1022
To reauthorize the assault weapons ban, and for other
purposes.


IN THE HOUSE OF REPRESENTATIVES


February 13, 2007

Mrs. MCCARTHY of New York introduced the following
bill; which was referred to the Committee on the
Judiciary


--------------------------------------------------------------------------------


A BILL
To reauthorize the assault weapons ban, 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 `Assault Weapons Ban and
Law Enforcement Protection Act of 2007'.


SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED
CRIMINAL PROVISIONS RELATING TO ASSAULT WEAPONS AND
LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Reinstatement of Provisions Wholly Repealed-
Paragraphs (30) and (31) of section 921(a),
subsections (v) and (w) and Appendix A of section 922,
and the last 2 sentences of section 923(i) of title
18, United States Code, as in effect just before the
repeal made by section 110105(2) of the Violent Crime
Control and Law Enforcement Act of 1994, are hereby
enacted into law.

(b) Reinstatement of Provisions Partially Repealed-
Section 924 of title 18, United States Code, is
amended--

(1) in subsection (a)(1), by striking subparagraph (B)
and inserting the following:

`(B) knowingly violates subsection (a)(4), (f), (k),
(r), (v), or (w) of section 922;'; and

(2) in subsection (c)(1)(B), by striking clause (i)
and inserting the following:

`(i) is a short-barreled rifle, short-barreled
shotgun, or semiautomatic assault weapon, the person
shall be sentenced to a term of imprisonment of not
less than 10 years; or'.


SEC. 3. DEFINITIONS.

(a) In General- Section 921(a)(30) of title 18, United
States Code, as added by section 2(a) of this Act, is
amended to read as follows:

`(30) The term `semiautomatic assault weapon' means
any of the following:

`(A) 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) 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) 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) 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)(i) Except as provided in clause (ii), a
semiautomatic rifle that has a fixed magazine with the
capacity to accept more than 10 rounds.

`(ii) Clause (i) shall not apply to an attached
tubular device designed to accept, and capable of
operating only with, .22 caliber rimfire ammunition.

`(F) 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) A semiautomatic pistol with a fixed magazine that
has the capacity to accept more than 10 rounds.

`(H) 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) A shotgun with a revolving cylinder.

`(J) 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) A conversion kit.

`(L) 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.'.

(b) Related Definitions- Section 921(a) of such title
is amended by adding at the end the following:

`(36) Barrel Shroud- The term `barrel shroud' means a
shroud that is attached to, or partially or completely
encircles, the barrel of a firearm so that the shroud
protects the user of the firearm from heat generated
by the barrel, but does not include a slide that
encloses the barrel, and does not include an extension
of the stock along the bottom of the barrel which does
not encircle or substantially encircle the barrel.

`(37) Conversion Kit- The term `conversion kit' means
any part or combination of parts designed and intended
for use in converting a firearm into a semiautomatic
assault weapon, and any combination of parts from
which a semiautomatic assault weapon can be assembled
if the parts are in the possession or under the
control of a person.

`(38) Detachable Magazine- The term `detachable
magazine' means an ammunition feeding device that can
readily be inserted into a firearm.

`(39) Fixed Magazine- The term `fixed magazine' means
an ammunition feeding device contained in, or
permanently attached to, a firearm.

`(40) Folding or Telescoping Stock- The term `folding
or telescoping stock' means a stock that folds,
telescopes, or otherwise operates to reduce the
length, size, or any other dimension, or otherwise
enhances the concealability, of a firearm.

`(41) Forward Grip- The term `forward grip' means a
grip located forward of the trigger that functions as
a pistol grip.

`(42) Pistol Grip- The term `pistol grip' means a
grip, a thumbhole stock, or any other characteristic
that can function as a grip.

`(43) Threaded Barrel- The term `threaded barrel'
means a feature or characteristic that is designed in
such a manner to allow for the attachment of a firearm
as defined in section 5845(a) of the National Firearms
Act (26 U.S.C. 5845(a)).'.


SEC. 4. GRANDFATHER PROVISION.

Section 922(v)(2) of title 18, United States Code, as
added by section 2(a) of this Act, is amended--

(1) by inserting `(A)' after `(2)'; and

(2) by adding after and below the end the following:

`(B) Paragraph (1) shall not apply to any firearm the
possession or transfer of which would (but for this
subparagraph) be unlawful by reason of this
subsection, and which is otherwise lawfully possessed
on the date of the enactment of this subparagraph.'.


SEC. 5. REPEAL OF CERTAIN EXEMPTIONS.

Section 922(v)(3) of title 18, United States Code, as
added by section 2(a) of this Act, is amended by
striking `(3)' and all that follows through the 1st
sentence and inserting the following:

`(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.'.


SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER
OF LAWFULLY POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS.

Section 922(v) of title 18, United States Code, as
added by section 2(a) of this Act, is amended by
adding at the end the following:

`(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
the Congress and make the record available to the
general public.'.

SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR
TRANSFER OF A LARGE CAPACITY AMMUNITION FEEDING
DEVICE.

(a) Ban on Transfer of Semiautomatic Assault Weapon
With Large Capacity Ammunition Feeding Device-

(1) IN GENERAL- Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:

`(z) It shall be unlawful for any person to transfer
any assault weapon with a large capacity ammunition
feeding device.'.

(2) PENALTIES- Section 924(a) of such title is amended
by adding at the end the following:

`(8) Whoever knowingly violates section 922(z) shall
be fined under this title, imprisoned not more than 10
years, or both.'.

(b) Certification Requirement-

(1) IN GENERAL- Section 922(w) of such title, as added
by section 2(a) of this Act, is amended--

(A) in paragraph (3)--

(i) by adding `or' at the end of subparagraph (B); and

(ii) by striking subparagraph (C) and redesignating
subparagraph (D) as subparagraph (C); and

(B) by striking paragraph (4) and inserting the
following:

`(4) It shall be unlawful for a licensed manufacturer,
licensed importer, or licensed dealer who transfers a
large capacity ammunition feeding device that was
manufactured on or before the date of the enactment of
this subsection, to fail to certify to the Attorney
General before the end of the 60-day period that
begins with the date of the transfer, in accordance
with regulations prescribed by the Attorney General,
that the device was manufactured on or before the date
of the enactment of this subsection.'.

(2) PENALTIES- Section 924(a) of such title, as
amended by subsection (a)(2) of this section, is
amended by adding at the end the following:

`(9) Whoever knowingly violates section 922(w)(4)
shall be fined under this title, imprisoned not more
than 5 years, or both.'.


SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.

Section 922(x) of title 18, United States Code, is
amended--

(1) in paragraph (1)--

(A) in subparagraph (B), by striking the period and
inserting a semicolon; and

(B) by adding at the end the following:

`(C) a semiautomatic assault weapon; or

`(D) a large capacity ammunition feeding device.'; and

(2) in paragraph (2)--

(A) in subparagraph (B), by striking the period and
inserting a semicolon; and

(B) by adding at the end the following:

`(C) a semiautomatic assault weapon; or

`(D) a large capacity ammunition feeding device.'.


SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY
AMMUNITION FEEDING DEVICE.

(a) In General- Section 922(w) of title 18, United
States Code, as added by section 2(a) of this Act, is
amended--

(1) in paragraph (1), by striking `(1) Except as
provided in paragraph (2)' and inserting `(1)(A)
Except as provided in subparagraph (B)';

(2) in paragraph (2), by striking `(2) Paragraph (1)'
and inserting `(B) Subparagraph (A)'; and

(3) by inserting before paragraph (3) the following:

`(2) It shall be unlawful for any person to import or
bring into the United States a large capacity
ammunition feeding device.'.

(b) Conforming Amendment- Section 921(a)(31)(A) of
such title, as added by section 2(a) of this Act, is
amended by striking `manufactured after the date of
enactment of the Violent Crime Control and Law
Enforcement Act of 1994'.

[Genghis_Don]

Buy em now boys, when this hits the news, whether it will pass or not, which I doubt, prices will go up!

[Pete]

No Problem - all the new Democrats ran as God & Gun Conservatives. Surely they will vote the way they ran.

Pete

I fing it hard to drip as much sarcasm is needed into this post.

[Peregrino]

NTM - Looks like this one is even more draconian than the last one. I hope the major gun lobbies hold the line. There isn't any compromise possible given the total failure of the last one to do anything positive. Peregrino

FWIW, our Govenor is a democrat who is supposedly "Pro-Gun". We will see.

[HOLLiS]

Part of the scary aspect of all of this, is that some R's are as anti-gun as D's. The current administration has not pushed a pro gun issue. BATF has still been doing its administrative "thing" limiting gun availability.


IMHO, many politicans see the mob running, they run faster to get in front so they can say, "I am the leader".

[Maytime]

Seems to me the AWB just punishes law abiding citizens who buy these weapons for sport, defense, and just because they can.

"Because it is there."

George Mallory (1886-1924), answer to the question 'Why do you want to climb Mt. Everest ?'.

http://www.mnteverest.net/quote.html

[Defender968]

Originally Posted by Maytime

Seems to me the AWB just punishes law abiding citizens who buy these weapons for sport, defense, and just because they can.

"Because it is there."

George Mallory (1886-1924), answer to the question 'Why do you want to climb Mt. Everest ?'.

http://www.mnteverest.net/quote.html

Completely agree, the law abiding citizens are not the issue which is all this new law will address, the issue is the criminals who don't obey the laws anyway, they don't care about waiting periods, or background checks, or import laws, they own assault weapons to use in conjunction with their criminal behavior, make said weapon "illegal" which is not what these silly bills actually do anyway, and they simply continue to own/buy their weapons illegally. What we don't need are more laws, what congress needs to do is worry about enforcing the laws we already have, but I guess they're two busy wasting our tax dollars voting on how to shred the constitution and usurp the president's powers as the CIC.

[Sionnach]

I'm thinking we should try that secession thing again, and this time, I'll bet we'd get a fair amount of "Yankees" to join us

[jasonglh]

I'm glad they are jumping on it quickly and not waiting until after the 08 election to try to get it in. Here's to a short term for the new Demorat majority and my excuse to buy another AR-15 as a spare.

[izabanchi]

More bad news out of New York, is there any other kind? This is a textbook case of Rectal Cranial Inversion. Instead of the South seceding we need to throw out New York City and all the Liberals in it. This gives me incentive to buy the M1A1 that I've been putting off. History is there to learn from and sadly the last time they offered up this bill I was confident we would be able to defeat it and ended up with egg on my face. Never underestimate the gullibility of the average citizen because they will always befuddle you in the end. This may be just the thing needed to put the dying touch on the Democrats hopes of winning all three in 08. Anyone professing surprise that this bill has been offered up needed a swift kick to wake up and extract their head from their fourth point of contact. Time to start the letter writing campaign and Join the NRA if you aren't already a member. The Gun Grabbers won’t be satisfied until we are all defenseless. Unlike the rest of the Sheeple I live far enough out of town that I know the Sheepdog isn’t going to protect me from the big bad wolf. I keep my own defenses and I’m not prepared to give them up to an idiot from New York, so if you know of any good supporters of the Second Amendment who need Campaign money for 08 pass along the names. In the mean time we need a strong Pro Second Amendment candidate for POTUS as the current crowd is pretty weak on this subject. We will have to count on the current office holder to exercise his Veto power over this one because it will probably get enough votes to pass the first time but won't make it if it goes back to try and override a Veto.

[The Reaper]

Originally Posted by izabanchi

...if you know of any good supporters of the Second Amendment who need Campaign money for 08 pass along the names.

Therein lies the problem.

None of the announced candidates on either side seem to understand the Second Amendment or seem willing to support it.

I am afraid that the Repubs have absorbed so much of the leftist sentiment of the Dims that they are afraid to nominate a candidate who will do the right thing for America and the Second Amendment.

That may very well open the door for Dims to capture the Presidency in 2008 as gun owners and other social conservatives stay home in droves, rather than to go to the polls and have to vote for a Repub candidate who would seek to betray and disarm us.

TR

[82ndtrooper]

"Well here it comes"...............I hope this no surprise to you, if so, then you've been walking around blind without a cane !

This bill, HR1022, has seen many forms and language over the past two years, albiet, secretly and with more fuvor than this current bill. Anyone that follows the infringements of the 2nd Amendment had raised the distress flag in 2004 when Iraq was quickly seen as a quigmire, and the democrats starting "Jocking up" for the 2006 elections. The writing was on the wall, and many I suppose looked down when they should have been looking up.

Find a staunch pro 2nd Amendment candidate, and I'll show you a sure fire loser in 2008. George Bush won by 4,000,000 votes in the popular vote. Is it any coincidence that the NRA has roughly 4,000,000 members ? Perhaps, but my guess is most of the NRA types fall into the "Jim Zumbo" camp and HR1022 is not a threat to them, at least as they see it. After all, Zumbo doesn't own an AR15, AK, SKS, etc. Only till this last two weeks is he suddendly going to accept Ted Nugents request to join him on a hunting trip with an "Assault Rifle" Go for it Jim, you career is over anyway.

What is the purpose of an AWB ? First, the term "Assualt Weapon" was coined by the Clintonian "Crime Bill" with the help of Mrs. Brady. Now, even the most staunch 2nd Amendment supporters use the term for any rifle other than gran dads .30 caliber bolt gun. We've begun to eat our own feet, and enjoy the pain.

Are there any justifiable numbers to support a true "cause and effect" relationship by instituting an AWB ? NO ! Since the 1994 AWB, crime has remained steady, if not increased, and the availbility of firearms in the black market have remained strong PERIOD. USDOJ and FBI reports from 1994-2004 showed that there are 8,000,000 firearms being transferred through FFl's each year, since 2002. If you believe like liberal gun grabbers, then there should blood in the streets and an epidemic of violent crimes with a firearm. In fact, there has been a decrease, not a "cause and effect relationship between "More guns equal more crime" Hollywood is trying desperatley to feed the masses with propoganda to the contrary. The move " American Gun" does just this, yet it's still and will remain in the "independent" category. And of last night, did nor recieve any rewards at the Spirt Awards ceremoney. Perphaps bigger hollywood knows to stay away from it.

It is my belief, as it is many, that any AWB is merely "Feel Good" legislation that gives any administration a punching ticket for addition to their resume. After all, Clinton signed the AWB in 94, and in 96 two men with fully automatic Ak-47's and drum mags stormed the Bank of America in Los Angeles and wreaked havoc on our "Oh so ever loved" land of the "Sun and Gold and George Clooney" Guess those two guy's didn't get the memo that full auto AK-47's and large capacity drum mags were a no-no. What is another AWB going to accomplish ? Heck, if I decide to lose my mind and take out some people shopping in a mall, then I guess I have to restort to a "tactical reload" once my 10 round mags are spent. Makes no mind to me, 10, 15, what's the difference ? My Remington 700 .308 sports a high powerd Leopold. It's a "Sniper rifle" even though I've never been trained by a sniper, with snipers, or around snipers. That's another term the Clintonian thinkers came up with to label any rifle with a scope and synthetic furniture. If it looks like military hardware, it must be. I suppose a musket should be banned also, it's military hardware, at least for George Washington. Clintonians also believe that oral sex is not really sex. After all, Bill Clinton said so. Now teenage girls and boys have "blow job parties" It's referred to as "Safe Sex Alternatives" but remember, it's not sex !

USA vs Miller was the exact time that the 2nd Amendment was seen as "Negotiable" Miller was shotty legal work, bad legialtive precedent, and the beginning of the fall for the 2nd Amendment. To democrats Miller is the precedent by which all conversations and debates start. Of course RoevWade was the precedent to "justifiable" murder, under the guise of "Personal choice" protected by the constitution.

If anyone is willing to nogotiate the Bill of Rights and CONUS, you do not deserve the right to stand and call yourself a Patriot. France must look awfully good, but few actually pack up and take up their life to that unthankful POS country. Have we ever really gotten a pat on the back for enabling them to continue speaking in French ?

[The Reaper]

"We must all hang together, or assuredly we shall all hang separately." Benjamin Franklin.

Trust me, today, all they wanted to ban yesterday was machine guns, sawed off shotguns and rifles, and suppressors.

Today they want to ban assault rifles. Tomorrow sniper rifles, then any long gun with a mag over five rounds.

The day after that, small easily concealed pistols, then large, "high powered" pistols, after that, magazine fed pistols.

They will come for his (and the others') hunting guns soon enough. Look at England.

TR

"Als die Nazis die Kommunisten holten,
habe ich geschwiegen;
ich war ja kein Kommunist.

Als sie die Sozialdemokraten einsperrten,
habe ich geschwiegen;
ich war ja kein Sozialdemokrat.

Als sie die Gewerkschafter holten,
habe ich nicht protestiert;
ich war ja kein Gewerkschafter.

Als sie mich holten,
gab es keinen mehr, der protestieren konnte."

- Pastor Martin Niemöller

Translated:

"When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for me,
there was no one left to speak out."