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BILL TEXT Report for H.R.4296
As reported by House committee, May 2, 1994, House Report No. 103-489
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H.R.4296 As reported by House committee, May 2, 1994, House Report No. 103-489
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IB
Calendar No. 273
103d CONGRESS
2d Session
H. R. 4296
[Report No. 103-489]
To make unlawful the transfer or possession of assault weapons.
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IN THE HOUSE OF REPRESENTATIVES
April 25, 1994
Mr. Schumer (for himself, Mr. Reynolds, Mr. Synar, Mr. Abercrombie, Mr.
Andrews of Maine, Mr. Becerra, Mr. Beilenson, Mr. Berman, Mr. Borski,
Mrs. Byrne, Mr. Cardin, Mr. Castle, Mrs. Clayton, Mr. Coppersmith, Ms.
DeLauro, Mr. Deutsch, Mr. Engel, Ms. English of Arizona, Ms. Eshoo, Mr.
Fingerhut, Mr. Frank of Massachusetts, Mr. Gutierrez, Ms. Harman, Mr.
Hoagland, Mr. Hochbrueckner, Mr. Johnston of Florida, Mr. Kennedy, Mr.
Lewis of Georgia, Mrs. Lowey, Mrs. Maloney, Mr. Mann, Mr. Manton, Mr.
Markey, Mr. Mazzoli, Mr. Moran, Mr. Nadler, Mr. Owens, Ms. Pelosi, Mr.
Rangel, Mr. Sabo, Ms. Schenk, Mrs. Schroeder, Mr. Serrano, Ms. Shepherd,
Ms. Slaughter, Mr. Stark, Mr. Studds, Ms. Velazquez, Mr. Vento, Mr.
Waxman, Mr. Wheat, Ms. Woolsey, and Mr. Yates) introduced the following
bill; which was referred to the Committee on the Judiciary
May 2, 1994
Additional sponsors: Mr. Tucker, Mrs. Collins of Illinois, Mr. Filner, Mr.
Barrett of Wisconsin, Mr. Ackerman, Mr. Reed, Mr. Menendez, Mr. Payne of
New Jersey, and Mrs. Roukema
May 2, 1994
Reported with an amendment, committed to the Committee of the Whole House on
the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and continue with the text that
follows]
[For text of introduced bill, see copy of bill as introduced on April 25,
1994]
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A BILL
To make unlawful the transfer or possession of assault weapons.
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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 "Public Safety and Recreational Firearms Use
Protection Act".
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 at the end 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 on the date of the
enactment of this subsection.
"(3) Paragraph (1) shall not apply to--
"(A) any of the firearms, or replicas or duplicates of the firearms,
specified in Appendix A to this section, as such firearms were
manufactured on October 1, 1993;
"(B) any firearm that--
"(i) is manually operated by bolt, pump, lever, or slide action;
"(ii) has been rendered permanently inoperable; or
"(iii) is an antique firearm;
"(C) any semiautomatic rifle that cannot accept a detachable magazine
that holds more than 5 rounds of ammunition; or
"(D) any semiautomatic shotgun that cannot hold more than 5 rounds of
ammunition in a fixed or detachable magazine.
The fact that a firearm is not listed in Appendix A shall not be construed to
mean that paragraph (1) applies to such firearm. No firearm exempted by this
subsection may be deleted from Appendix A so long as this Act is in effect.
"(4) Paragraph (1) shall not apply to--
"(A) 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) the transfer of a semiautomatic assault weapon by a licensed
manufacturer, licensed importer, or licensed dealer to an entity referred
to in subparagraph (A) or to a law enforcement officer authorized by such
an entity to purchase firearms for official use;
"(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.".
(b) Definition of Semiautomatic Assault Weapon.--Section 921(a) of such
title is amended by adding at the end the following:
"(30) The term 'semiautomatic assault weapon' means--
"(A) any of the firearms, or copies or duplicates of the firearms,
known as--
"(i) Norinco, Mitchell, and Poly Technologies Avtomat
Kalashnikovs (all models);
"(ii) Action Arms Israeli Military Industries UZI and Galil;
"(iii) Beretta Ar70 (SC-70);
"(iv) Colt AR-15;
"(v) Fabrique National FN/FAL, FN/LAR, and FNC;
"(vi) SWD M-10, M-11, M-11/9, and M-12;
"(vii) Steyr AUG;
"(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and
"(ix) revolving cylinder shotguns, such as (or similar to) the
Street Sweeper and Striker 12;
"(B) a semiautomatic rifle that has an ability to accept a detachable
magazine and has at least 2 of--
"(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; and
"(v) a grenade launcher;
"(C) a semiautomatic pistol that has an ability to accept a
detachable magazine and has at least 2 of--
"(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 handgrip, 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 nontrigger hand without being burned;
"(iv) a manufactured weight of 50 ounces or more when the pistol
is unloaded; and
"(v) a semiautomatic version of an automatic firearm; and
"(D) a semiautomatic shotgun that has at least 2 of--
"(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 5 rounds; and
"(iv) an ability to accept a detachable magazine.".
(c) Penalties.--
(1) Violation of section 922(v).--Section 924(a)(1)(B) of such title
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) of such title is amended in the first sentence
by inserting ", or semiautomatic assault weapon," after "short-barreled
shotgun,".
(d) Identification Markings for Semiautomatic Assault Weapons.--Section
923(i) of such title 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.".
SEC. 3. RECORDKEEPING REQUIREMENTS FOR TRANSFERS OF GRANDFATHERED FIREARMS.
(a) Offense.--Section 922 of title 18, United States Code, as amended by
section 2(a) of this Act, is amended by adding at the end the following:
"(w)(1) It shall be unlawful for a person to sell, ship, or deliver a
semiautomatic assault weapon to a person who has not completed a form 4473 in
connection with the transfer of the semiautomatic assault weapon.
"(2) It shall be unlawful for a person to receive a semiautomatic assault
weapon unless the person has completed a form 4473 in connection with the
transfer of the semiautomatic assault weapon.
"(3) If a person receives a semiautomatic assault weapon from anyone
other than a licensed dealer, both the person and the transferor shall retain
a copy of the form 4473 completed in connection with the transfer.
"(4) Within 90 days after the date of the enactment of this subsection,
the Secretary shall prescribe regulations ensuring the availability of form
4473 to owners of semiautomatic assault weapons.
"(5) As used in this subsection, the term 'form 4473' means--
"(A) the form which, as of the date of the enactment of this
subsection, is designated by the Secretary as form 4473; or
"(B) any other form which--
"(i) is required by the Secretary, in lieu of the form described
in subparagraph (A), to be completed in connection with the transfer
of a semiautomatic assault weapon; and
"(ii) when completed, contains, at a minimum, the information
that, as of the date of the enactment of this subsection, is required
to be provided on the form described in subparagraph (A).".
(b) Penalty.--Section 924(a) of such title is amended by adding at the
end the following:
"(6) A person who knowingly violates section 922(w) shall be fined not
more than $1,000, imprisoned not more than 6 months, or both. Section 3571
shall not apply to any offense under this paragraph.".
SEC. 4. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition.--Section 922 of title 18, United States Code, as amended
by sections 2 and 3 of this Act, is amended by adding at the end the
following:
"(x)(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) Paragraph (1) shall not apply to the possession or transfer of any
large capacity ammunition feeding device otherwise lawfully possessed on the
date of the enactment of this subsection.
"(3) This subsection shall not apply to--
"(A) 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) the transfer of a large capacity ammunition feeding device by a
licensed manufacturer, licensed importer, or licensed dealer to an entity
referred to in subparagraph (A) or to a law enforcement officer
authorized by such an entity to purchase large capacity ammunition
feeding devices for official use;
"(C) the possession, by an individual who is retired from service
with a law enforcement agency and is not otherwise prohibited from
receiving ammunition, of a large capacity ammunition feeding device
transferred to the individual by the agency upon such retirement; or
"(D) 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.".
(b) Definition of Large Capacity Ammunition Feeding Device.--Section
921(a) of such title, as amended by section 2(b) of this Act, is amended by
adding at the end the following:
"(31) 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 Treated as Firearms.--
Section 921(a)(3) of such title is amended in the first sentence by striking
"or (D) any destructive device." and inserting "(D) any destructive device;
or (E) any large capacity ammunition feeding device.".
(d) Penalty.--Section 924(a)(1)(B) of such title, as amended by section
2(c) of this Act, is amended by striking "or (v)" and inserting "(v), or
(x)".
(e) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of such title, as amended by section 2(d) of this
Act, 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 Secretary may by regulation
prescribe.".
SEC. 5. 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 the Congress a report
setting forth in detail the findings and determinations made in the study
under subsection (a).
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act--
(1) shall take effect on the date of the enactment of this Act; and
(2) are repealed effective as of the date that is 10 years after that
date.
SEC. 7. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by adding at the
end the following appendix: