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Old 12-21-2008, 10:58 AM
03_SHOOTER 03_SHOOTER is offline
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Default Dim-O-Craps STILL hate the Second Amendment!

Get ready, because THEY'RE AT IT AGAIN!!

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 REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Reinstatement of Provisions Wholly Repealed- Paragraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18,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(b) Reinstatement of Provisions Partially Repealed- Section 924 of title 18, United States Code, is amended--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.'.
--Continued Below--
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Old 12-21-2008, 11:03 AM
03_SHOOTER 03_SHOOTER is offline
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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'.
And THESE are the slugs that are supporting this clear violation of the Second Amendment (please note that there's not a single Republican on the list). Are any of YOUR mis-representatives on this list?

Quote:
Rep. Carolyn McCarthy [D-NY]

Cosponsors [as of 2008-11-06]
Rep. Edward Markey [D-MA]
Rep. Bob Filner [D-CA]
Rep. Bradley Miller [D-NC]
Rep. Sheila Jackson-Lee [D-TX]
Rep. Dennis Kucinich [D-OH]
Rep. Jerrold Nadler [D-NY]
Rep. James McGovern [D-MA]
Rep. John Tierney [D-MA]
Rep. Raul Grijalva [D-AZ]
Rep. Yvette Clarke [D-NY]
Rep. William Delahunt [D-MA]
Rep. Nita Lowey [D-NY]
Del. Eleanor Norton [D-DC]
Rep. Debbie Wasserman Schultz [D-FL]
Rep. Robert Wexler [D-FL]
Rep. Sam Farr [D-CA]
Rep. Alcee Hastings [D-FL]
Rep. Melvin Watt [D-NC]
Rep. Allyson Schwartz [D-PA]
Rep. Adam Schiff [D-CA]
Rep. Anna Eshoo [D-CA]
Rep. Gary Ackerman [D-NY]
Rep. Diane Watson [D-CA]
Rep. Diana DeGette [D-CO]
Rep. Ellen Tauscher [D-CA]
Rep. Hilda Solis [D-CA]
Rep. Rush Holt [D-NJ]
Rep. Chaka Fattah [D-PA]
Rep. Zoe Lofgren [D-CA]
Rep. Doris Matsui [D-CA]
Rep. James Langevin [D-RI]
Rep. Henry Johnson [D-GA]
Rep. Neil Abercrombie [D-HI]
Rep. Joseph Crowley [D-NY]
Rep. Kendrick Meek [D-FL]
Rep. Betty McCollum [D-MN]
Rep. Jane Harman [D-CA]
Rep. Lynn Woolsey [D-CA]
Rep. Steven Rothman [D-NJ]
Rep. Barbara Lee [D-CA]
Rep. Barney Frank [D-MA]
Rep. Carolyn Maloney [D-NY]
Rep. Louise Slaughter [D-NY]
Rep. Joe Sestak [D-PA]
Rep. Janice Schakowsky [D-IL]
Rep. Martin Meehan [D-MA]
Rep. Rahm Emanuel [D-IL]
Rep. William Clay [D-MO]
Rep. Mazie Hirono [D-HI]
Rep. Christopher Van Hollen [D-MD]
Rep. Niki Tsongas [D-MA]
Rep. Albio Sires [D-NJ]
Rep. David Price [D-NC]
Rep. Brad Sherman [D-CA]
Rep. Michael Honda [D-CA]
Rep. Robert Brady [D-PA]
Rep. James Moran [D-VA]
Rep. Edward Pastor [D-AZ]
Rep. Earl Blumenauer [D-OR]
Rep. Albert Wynn [D-MD]
Rep. Patrick Kennedy [D-RI]
Rep. Howard Berman [D-CA]
Rep. John Olver [D-MA]
Rep. Lois Capps [D-CA]
Rep. Henry Waxman [D-CA]
Rep. William Pascrell [D-NJ]
Rep. Patrick Murphy [D-PA]
Call them, e-mail them, write them, do whatever you have to do to let them know that you do NOT in any way support this ABORTION, and that if they continue to support it, that they will NOT be getting your vote next time around.
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Old 12-21-2008, 02:26 PM
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Is there a good reason why we need assault weapons in society?
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Old 12-21-2008, 02:27 PM
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Well this is part of Obama's policy:
Quote:
Originally Posted by change.gov
Address Gun Violence in Cities: Obama and Biden would repeal the Tiahrt Amendment, which restricts the ability of local law enforcement to access important gun trace information, and give police officers across the nation the tools they need to solve gun crimes and fight the illegal arms trade. Obama and Biden also favor commonsense measures that respect the Second Amendment rights of gun owners, while keeping guns away from children and from criminals. They support closing the gun show loophole and making guns in this country childproof. They also support making the expired federal Assault Weapons Ban permanent.
Source:
http://change.gov/agenda/urbanpolicy_agenda/

Of course, the rest of that paragraph is pretty ridiculous too, apparently he wants to make all guns childproof...
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Old 12-21-2008, 02:36 PM
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Quote:
Originally Posted by Seminarian_Tim View Post
Is there a good reason why we need assault weapons in society?
The Constitution? A better question is, why should we ban them? The main effect of this ban (at least the original, it looks like they're expanding this one) was to ban guns that looked "scary."
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Old 12-21-2008, 02:38 PM
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I understand that the Constitution guarantees a right to them. What I'm asking is why someone would feel the need to own one. Why have an AK-47 in your home? I just don't see the need for it. I favor home defense weapons but something like an automatic rifle is a bit much for protecting your home.
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Old 12-21-2008, 02:46 PM
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Automatic weapons have been banned since, IIRC, the 1930's. This ban applies to semiautomatic weapons.
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Old 12-21-2008, 02:54 PM
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Ah, ok. Thanks for the clarification. I know in my state Conceal To Carry permits are as elusive as the magical purple elephant and most get denied. Then again, I live in the true blue Northeast. Again, just out of curiosity, is there a real need to have an assault rifle to protect one's home? What's wrong with a sidearm? Perhaps one of the members familiar with firearms here could answer that.
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Last edited by SlightlyCatholic; 12-21-2008 at 02:58 PM. Reason: Incomplete Post
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Old 12-21-2008, 04:33 PM
03_SHOOTER 03_SHOOTER is offline
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Quote:
Originally Posted by Seminarian_Tim View Post
Is there a good reason why we need assault weapons in society?
Yes, the Second Amendment, Title 10 Section 311 and Title 32 Section 313 of the United States Code, as well as the decision in US v Miller (1939).

2nd Amendment
"A well regulated Militia, being necessary to the security of a free State, the Right of the people to keep and bear arms, shall not be infringed."

Overview of Title 10 Section 311 and Title 32 Section 313
Every able bodied male, between the ages of 17 and 45, to age 64 if he has served in the United States military, as well as every able bodied female between the ages of 17 and 45 who has served in the United States military is a member of the Unorganized Militia of the United States, and as such is subject to recall to Active Duty by POTUS as outlined in Title 10 USC.

US v Miller
In the absence of any evidence tending to show that possession or use of a 'shotgun having a barrel of less than eighteen inches in length' at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment or that its use could contribute to the common defense. Aymette v. State of Tennessee, 2 Humph., Tenn., 154, 158.

Therefore, any weapon that IS part of "the ordinary military equipment or that it's use could contribute to the common defense." IS protected by the Second Amendment, to include what the left likes to call "assault weapons", or as most of us simply call them M-16's, AR-15's, AK-47's, AK-74's, M-60's, M-240's, M-249's, M-203's, M-1 60mm mortars, or any of the other weapons that are on that list that are part of the "ordinary military equipment", or "could contribute to the common defense". IMNSHO, as far as I'm concerned, if you want, and can afford it, you should have unfettered, and unrestricted access to own and operated an M-1A2 Abrams tank, an F-15 fighter, or even a fully armed B-52H Bomber.

Let us not forget that when General Gage ordered his troops to march on Lexington and Concord, he ordered his troops to "seize and distroy all Artillery, Ammunition, Provisions, Tents, Small Arms, and all Military Stores whatever." The ordinary citizens of Lexington and Concord had privately owned artillery! It is the duty of every American to own a weapon suitable to military service and to know how to use it. Don't forget that SCOTUS has ruled, repeatedly, that it is not the duty of the Police to protect you, therefore it is your responsibility to protect yourself, your family, your neighbors, your community, your State, and your nation, against foreign invaders, or even your own government should it become despotic, and if you are not properly armed, exactly how do you propose to do that?
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Old 12-21-2008, 04:37 PM
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Quote:
Originally Posted by fjer View Post
Automatic weapons have been banned since, IIRC, the 1930's. This ban applies to semiautomatic weapons.
fjer, while I understand that this is a common misconception, it is a misconception nonetheless. It is still perfectly legal to own and shoot fully automatic weapons, artillery pieces, and even tanks in the United States, but where the problem comes in is the extremely restrictive and un-constitutional 'laws' and regulations that have been imposed on us to do so 'legally'.

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