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


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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 REINSTATEMENT FOR 10 YEARS OF REPEALED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(a) Reinstatement of Provisions Wholly Repealed-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(b) Reinstatement of Provisions Partially Repealed-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.'.