The Public Safety & Rec Firearms act?

Discussion in 'The Constitutional & RKBA Forum' started by Bruce FLinch, Mar 15, 2006.

  1. Bruce FLinch

    Bruce FLinch New Member

    Joined:
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    Bay Point, Kali..aka Gun Point
    Judging by the Politicians, This seems a bit fishy to me...or am I just being cynical? :confused:


    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


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


    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.'.

    (c) PENALTIES-

    (1) VIOLATION OF SECTION 922(v)- Section 924(a)(1)(B) of title 18, United States Code, is amended by striking `or (q) of section 922' and inserting `(r), or (v) of section 922'.

    (2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME- Section 924(c)(1)(B)(i) of title 18, United States Code, is amended by inserting `or semiautomatic assault weapon,' after `short-barreled shotgun,'.

    (d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS- Section 923(i) of title 18, United States Code, is amended by adding at the end the following: `The serial number of any semiautomatic assault weapon manufactured after the date of the enactment of this sentence shall clearly show the date on which the weapon was manufactured.'.

    (e) 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. 3. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) PROHIBITION- Section 922 of title 18, United States Code, as amended by section 2(a), is amended by adding after subsection (v) the following:

    `(w)(1)(A) Except as provided in subparagraph (B), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

    `(B) Subparagraph (A) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed in the United States on the date of enactment of this subsection.

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

    `(3) This subsection 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; or

    `(C) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.

    `(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 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 enactment of this subsection.'.

    (b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE- Section 921(a) of title 18, United States Code, as amended by section 2(b), is amended by adding after paragraph (30) the following:

    `(31) The term `large capacity ammunition feeding device'--

    `(A) means 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; but

    `(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'.

    (c) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, as amended by section 2(c), is amended by striking `or (v)' and inserting `(v), or (w)'.

    (d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES- Section 923(i) of title 18, United States Code, as amended by section 2(d), is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured or imported after the effective date of this subsection, and such other identification as the Attorney General may by regulation prescribe.

    (e) 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 at the end 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 title 18, United States Code, 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.

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

    SEC. 4. STUDY BY 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. 5. 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. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on the date of enactment of this
  2. Marlin T

    Marlin T Active Member

    Joined:
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    7,878
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    New Mexico
    Fishy???? What in the world are you thinking, fishy:( Come on now, with those upstanding senators, and especially with there voting record when it comes to the Bill of Rights! You must be loosing your mind,


    NOT, those people should be brought up on charges and thrown in jail as a threat to national security!!!!!!! Clueless motherfu.....ers, all of them dems! I'm surprised that McCains name isn't there too, what a dip wad.
    This leads me back to the question that I just can't seem to get a logical answer for. How could a firearm owning Dem vote for a Dem? Beings that it is the Dems that are putting this country in jeopardy with bills like this! Ridiculous I tell ya, just ridculous. They make me sick.

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  3. HiPowerKid

    HiPowerKid New Member

    Joined:
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    So who thinks we can still trust the government? Thomas Jefferson's quote Eternal Vigilance is the price of Liberty could never be truer than today with the gun-grabbing, freedom-destroying, free-speech controlling, put you back into shackles so-called representatives in government. Here's a little notice from Second Amendment Foundation I rec'd 3/15/06 about the New Orleans Gun Grab after Hurricane Katrina:

    NEW ORLEANS ADMITS TO SAF ATTORNEYS THEY HAVE SEIZED GUNS

    BELLEVUE, WA – In a stunning reversal, the City of New Orleans revealed today to attorneys representing the Second Amendment Foundation and National Rifle Association that they do have a stockpile of firearms seized from private citizens in the wake of Hurricane Katrina. (emphasis mine)

    The disclosure came as attorneys for both sides were preparing for a hearing in federal court on a motion filed earlier by SAF and NRA to hold the city in contempt. Plaintiffs’ attorneys traveled to a location within the New Orleans city limits where they viewed more than 1,000 firearms that were being stored.

    “This is a very significant event,” said attorney Dan Holliday, who represents NRA and SAF in an on-going lawsuit seeking to enjoin the city from seizing privately-owned firearms.

    “We’re almost in disbelief,” admitted SAF Founder Alan Gottlieb. “For months, the city has maintained it did not have any guns in its possession that had been taken from people following the hurricane. Now our attorneys have seen the proof that New Orleans was less than honest with the court.”

    Under an agreement with the court, the hearing on the contempt motion has been continued for two weeks, the attorneys said. During that time, according to Holliday and fellow attorney Stephen Halbrook, the city will establish a process by which the lawful owners of those firearms can recover their guns.

    “While we are stunned at this complete reversal on the city’s part,” Gottlieb said, “the important immediate issue is making sure gun owners get their property back. We’re glad that the city is going to move swiftly to make that possible, and naturally we will do whatever is necessary to make this happen.

    “What happened in New Orleans after Hurricane Katrina was an outrage,” Gottlieb observed. “Equally disturbing is the fact that it apparently took a motion for contempt to force the city to admit what it had been denying for the past five months. -END-
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