Text: S.386 — 101st Congress (1989-1990)All Information (Except Text)

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B37 2-9-89 [OC's]
S 386 IS
101st CONGRESS
1st Session
S. 386
To control the sale and use of assault weapons.
IN THE SENATE OF THE UNITED STATES
February 8 (legislative day, JANUARY 3), 1989
Mr. METZENBAUM (for himself, Mr. CHAFEE, Mr. PELL, and Mr. CRANSTON)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
A BILL
To control the sale and use of assault weapons.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled, That this Act shall be cited as
  the `Assault Weapon Control Act of 1989'.
  SEC. 2. Section 922 of title 18, United States Code, is amended by adding
  at the end thereof the following:
  `(p)(1) Except as provided in paragraph (2), it shall be unlawful for
  any person to transfer, import, transport, ship, receive or possess any
  assault weapon.
  `(2) This subsection does not apply with respect to--
  `(A) transfer, importation, transporting, shipping or receiving to or by,
  or possession by or under, authority of the United States or any department
  or agency thereof, or of any State or any department, agency, or political
  subdivision thereof; or
  `(B) any lawful transfer or possession of such a weapon that was lawfully
  possessed before the effective date of this subsection.
  `(q)(1) Except as provided in paragraph (2), it shall be unlawful for
  any person to transfer, import, transport, ship, receive or possess a
  large-capacity detachable magazine or large-capacity ammunition belt,
  which can be employed by a semiautomatic firearm.
  `(2) This subsection does not apply with respect to--
  `(A) any transfer, importation, transporting, shipping or receiving to
  or by, or possession by or under, authority of the United States or any
  department or agency thereof, or of any State or any department, agency,
  or political subdivision thereof; or
  `(B) within sixty days of the date of enactment of this Act--
  `(i) any possession of such magazine or ammunition belt that was lawfully
  possessed before the date of this subsection; or
  `(ii) any transfer, transporting, shipping, or receiving to or by any person
  for the purpose of sale or donation of such magazines or ammunition belts
  to the United States or any department or agency thereof, or any State or
  any department, agency or political subdivision thereof.'.
  SEC. 3. Section 921(a) of title 18, United States Code, is amended by
  adding at the end thereof the following:
  `(25) The term `assault weapon' means all firearms designated as assault
  weapons in this paragraph and all other semiautomatic firearms which
  are determined by the Secretary of the Treasury, in consultation with the
  Attorney General, to be assault weapons, as provided in this Act. Such term
  shall include, in addition to any other firearm identified by the Secretary,
  all versions of the following, including firearms sold under the designation
  provided in this subsection and firearms which are substantially identical
  sold under any designation:
  `(A) Avtomat Kalashnikov semiautomatic firearms;
  `(B) Uzi semiautomatic firearms;
  `(C) Ingram Mac 10 or 11 semiautomatic firearms;
  `(D) TEC 9 and TEC 22 semiautomatic firearms;
  `(E) Ruger Mini 14 semiautomatic firearms;
  `(F) AR-15 semiautomatic firearms;
  `(G) Beretta AR 70 semiautomatic firearms;
  `(H) FN-FAL and FN-FNC semiautomatic firearms;
  `(I) Steyr Aug semiautomatic firearms;
  `(J) shotguns with revolving cylinders known as the Street Sweeper and
  Striker 12;
  `(K) any other semiautomatic firearm with a fixed magazine capacity
  exceeding ten rounds; and
  `(L) any other shotgun with a fixed magazine, cylinder or drum capacity
  exceeding six rounds.
  `(26) The term `large-capacity magazine' means a box, drum or other container
  which holds more than ten rounds of ammunition to be fed continuously into
  a semiautomatic firearm, or a magazine which can be readily converted into
  a large-capacity magazine.
  `(27) The term `large-capacity ammunition belt' means a belt or strip
  which holds more than ten rounds of ammunition to be fed continuously
  into a semiautomatic firearm, or an ammunition belt which can be readily
  converted into a large-capacity ammunition belt.
  `(28) The term `semiautomatic' means a firearm capable of firing a series of
  rounds by a successive depression of the trigger without additional slide,
  bolt or other manual action.'.
  SEC. 4. Title 18, United States Code, is amended by adding the following
  new section to chapter 44:
`Sec.  . Identification of assault weapons
  `(a) The Secretary, in consultation with the Attorney General shall,
  within thirty days after the date of enactment of this Act, determine which
  firearms sold, or potentially sold in the United States, in addition to
  those specifically designated in this Act, shall be designated as assault
  weapons under the provisions of section 3 of this Act. The Secretary shall
  publish the list of firearms so designated and take steps to make the list
  and explanatory information widely available to the public.
  `(b) The Secretary, after consultation with the Attorney General, may
  periodically modify the list of firearms designated as assault weapons
  consistent with this Act.
  `(c) The Secretary may issue an emergency order, for not longer than ninety
  days, barring importation and sale of any firearms, which the Secretary
  has reason to believe may be designated an assault weapon.
  `(d) Notwithstanding any provision of this Act, no firearm shall be
  designated as an assault weapon which--
  `(1) does not employ fixed ammunition;
  `(2) was manufactured prior to 1898;
  `(3) operates by manual bolt action'
  `(4) operates by lever action;
  `(5) operates by slide action;
  `(6) is a single shot weapon;
  `(7) is a multiple barrel weapon;
  `(8) is a revolving cylinger weapon other than a shotgun;
  `(9) employs a fixed magazine with a capacity of ten rounds or less;
  `(10) is a rimfire weapon that employs a tubular magazine with a magazine
  capacity of six rounds or less;
  `(11) cannot employ a detachable magazine or ammunition belt with a capacity
  greater than ten rounds; or
  `(12) was modified so as to render it permanently inoperable or so as to
  make it permanently a device which may not appropriately be designated as
  an assault weapon.
  `(e) The Secretary, in consultation with the Attorney General, shall,
  when appropriate, recommend to Congress any appropriate modification of
  this Act, including the addition or deletion of firearms to be designated
  as assault weapons: Provided, That the Secretary shall submit an initial
  report containing any recommendations regarding the type of firearms
  designated as assault weapons no later than three months after the date
  of enactment of this Act.'.
  SEC. 5. Title 18, United States Code, is amended by adding the following
  new section to chapter 44:
`Sec.  . Use of assault weapons
  `(a) Whoever, during and in relation to the commission of a crime of
  violence or drug trafficking crime (including a crime of violence or drug
  trafficking crime, which provides for an enhanced punishment if committed
  by the use of a deadly or dangerous weapon or device) for which he may
  be prosecuted in a court of the United States, uses or carries an assault
  weapon, shall, in addition to the punishment provided for the commission
  of such other crimes committed by the defendant, be sentenced to a term
  of imprisonment for not less than five years.
  `(b) For purposes of this subsection, the term `drug trafficking crime'
  means any felony violation of Federal law involving the distribution,
  manufacture, or importation of any controlled substance (as defined in
  section 102 of the Controlled Substances Act).'.
  SEC. 6. (a) Section 5812 of title 26, United States Code, is amended by
  inserting the phrase `or assault weapon' after `firearm' wherever it appears.
  (b) Section 5822 of title 26, United States Code, is amended by inserting
  the phrase `or assault weapon' after `firearm' wherever it appears.
  (c) Subsections (a), (b), and (c) of section 5841 of title 26, United
  States Code, is amended by adding the phrase `or assault weapons' after
  `firearms' wherever it appears and adding the phrase `or assault weapon'
  after `firearm' wherever it appears.
  (d) Section 5841 of title 26, United States Code, is amended by adding
  the following new subsection:
  `(f) Any person in the possession of an assault weapon on the date of
  enactment of this Act shall register such firearm with the Secretary
  under such regulations as he may prescribe. Such registration shall be
  required for any type of assault weapon not later than thirty days from
  the date the Secretary provides public notice that the type of firearm is
  designated as an assault weapon or promulgates regulations for registration,
  whichever is later: Provided, That any firearm specifically designated as
  an assault weapon in paragraphs 921(a)(25)(A)-(I), as added by this Act,
  shall be registered within thirty days of the promulgation of regulations
  for registration by the Secretary.'.
  (e) Section 5861 of title 26, United States Code, is amended by adding
  the following new subsection:
  `(m) to fail to register an assault weapon in violation of the provisions
  of this chapter.'.
  (f) Section 5845 of title 26, United States Code, is amended by adding
  the following new subsection:
  `(i) ASSAULT WEAPONS- The term `assault weapon' shall have the meaning
  provided in section 921 of title 18.'.
  SEC. 7. EFFECTIVE DATE- Unless otherwise provided, this Act shall become
  effective thirty days after the date of enactment of this Act.