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US SENATE BILL S2237
Subtitle B--Assault Weapons Ban Renewal Act of 2007
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the `Assault Weapons Ban Renewal Act of 2007'.
SEC. 6202. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Restriction- Section 922 of title 18, United States Code, is amended by inserting after subsection (u) the following:
`(v)(1) Except as provided in paragraphs (2) through (5) 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 the enactment of the Assault Weapons Ban Renewal Act of 2007.
`(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.
`(4) The fact that a firearm is not listed in Appendix A shall not be construed to mean that paragraph (1) applies to such firearm.
`(5) 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 on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site 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 Attorney General.'.
(b) Definition of Semiautomatic Assault Weapon- Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following:
`(30) The term `semiautomatic assault weapon' means the following:
`(A) Any of the firearms, or copies or duplicates of the firearms in any caliber, 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; or
`(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12.
`(B)(i) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of the features described in clause (ii).
`(ii) The features described in this clause are--
`(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)(i) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of the features described in clause (ii).
`(ii) The features described in this clause are--
`(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.
`(D)(i) A semiautomatic shotgun that has at least 2 of the features described in clause (ii).
`(ii) The features described in this clause are--
`(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 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 the Assault Weapons Ban Renewal Act of 2007 shall clearly show the date on which the weapon was manufactured.'.
SEC. 6203. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition- Section 922 of title 18, United States Code, is amended by inserting after subsection (u), as added by this Act, the following:
`(w)(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)(A) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of the Assault Weapons Ban Renewal Act of 2007.
`(B) Paragraph (1) shall not apply to--
`(i) 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);
`(ii) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
`(iii) 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
`(iv) 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 Attorney General.
`(3) If a person charged with violating paragraph (1) asserts that paragraph (1) does not apply to such person because of subparagraph (A) or (B) of paragraph (2), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of this title shall establish a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).'.
(b) Definition of Large Capacity Ammunition Feeding Device- Section 921(a) of title 18, United States Code, as amended by section 110102(b), is amended by inserting after paragraph (30), as added by this Act, the following:
`(31) The term `large capacity ammunition feeding device'--
`(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Assault Weapons Ban Renewal Act of 2007 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and
`(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 this Act, 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 this Act, is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of enactment of the Assault Weapons Ban Renewal Act of 2007 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.'.
US SENATE BILL S2237
Subtitle B--Assault Weapons Ban Renewal Act of 2007
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the `Assault Weapons Ban Renewal Act of 2007'.
SEC. 6202. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Restriction- Section 922 of title 18, United States Code, is amended by inserting after subsection (u) the following:
`(v)(1) Except as provided in paragraphs (2) through (5) 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 the enactment of the Assault Weapons Ban Renewal Act of 2007.
`(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.
`(4) The fact that a firearm is not listed in Appendix A shall not be construed to mean that paragraph (1) applies to such firearm.
`(5) 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 on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site 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 Attorney General.'.
(b) Definition of Semiautomatic Assault Weapon- Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following:
`(30) The term `semiautomatic assault weapon' means the following:
`(A) Any of the firearms, or copies or duplicates of the firearms in any caliber, 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; or
`(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12.
`(B)(i) A semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of the features described in clause (ii).
`(ii) The features described in this clause are--
`(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)(i) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of the features described in clause (ii).
`(ii) The features described in this clause are--
`(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.
`(D)(i) A semiautomatic shotgun that has at least 2 of the features described in clause (ii).
`(ii) The features described in this clause are--
`(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 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 the Assault Weapons Ban Renewal Act of 2007 shall clearly show the date on which the weapon was manufactured.'.
SEC. 6203. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition- Section 922 of title 18, United States Code, is amended by inserting after subsection (u), as added by this Act, the following:
`(w)(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)(A) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of the Assault Weapons Ban Renewal Act of 2007.
`(B) Paragraph (1) shall not apply to--
`(i) 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);
`(ii) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
`(iii) 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
`(iv) 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 Attorney General.
`(3) If a person charged with violating paragraph (1) asserts that paragraph (1) does not apply to such person because of subparagraph (A) or (B) of paragraph (2), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of this title shall establish a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).'.
(b) Definition of Large Capacity Ammunition Feeding Device- Section 921(a) of title 18, United States Code, as amended by section 110102(b), is amended by inserting after paragraph (30), as added by this Act, the following:
`(31) The term `large capacity ammunition feeding device'--
`(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Assault Weapons Ban Renewal Act of 2007 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and
`(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 this Act, 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 this Act, is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of enactment of the Assault Weapons Ban Renewal Act of 2007 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.'.