Newsgroups: rec.guns From: callison@ecn.uoknor.edu (James P. Callison) Subject: [LEGISLATIVE]House Report 103-489 Approved: gun-control@cs.umd.edu Organization: Engineering Computer Network, University of Oklahoma, Norman, OK, USA Message-Id: <2rr74p$pb4@constellation.ecn.uoknor.edu> Path: callison Oh, Esteemed Moderator, Through Whom All Blessed Postings Flow: This is a mite long (130+K, 2000+lines), so I imagine you'll want to put it up on the rec.guns ftp site instead of gating it through to the group, but this is the full text of House Report 103-489, the Judiciary Committee's report on HR 4296. It includes the text of the bill; the "reasoning" behind the bill; some pro and con testimony; a "Brief Explanation of HR 4269;" a short legislative history of the bill; the Section-by-Section Analysis; cost estimate from the Congressional Budget Office; Chapter 44, Title 18, USC, as it would stand after passage of the bill; Supplemental Views of Hon. Dan Glickman; Dissenting Views of Hon. Sensenbrenner, Gekas, Smith, McCollum, Coble, Schiff, and Goodlatte; and, last, but certainly not least, the Dissenting Views of Hon. Jack Brooks. The whole thing is worth reading just for Rep. Brooks's dissenting views. He brings up Kleck's studies, and points out that this is a CONSTITUTIONAL issue. James James P. Callison Microcomputer Coordinator, U of Oklahoma Law Center Callison@midway.ecn.uoknor.edu /\ Callison@aardvark.ucs.uoknor.edu DISCLAIMER: I'm not an engineer, but I play one at work... The forecast calls for Thunder...'89 T-Bird SC 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. --Art. I, Sec. 9.13, Constitution of the Confederate States of America ---------CUT HERE---------------CUT HERE----------------CUT HERE---------- [This is the US House of Representatives' Committee on the Judiciary's report on H.R.4296. All typos (including the "Barettas" under "Drillings, Combination Guns, Double rifles") belong to the Gov't Printing Office or the US House of Representatives. (All typos were checked against the printed version provided by Rep. McCurdy's office.)] 103d Congress, 2nd Session House Rept. 103-489 PUBLIC SAFETY AND RECREATIONAL FIREARMS USE PROTECTION ACT May 2, 1994. Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. Brooks, from the Committee on the Judiciary, submitted the following REPORT together with SUPPLEMENTAL AND DISSENTING VIEWS (To accompany H.R. 4296) (Including cost estimate of the Congressional Budget Office) The Committee on the Judiciary, to whom was referred the bill (H.R. 4296) to make unlawful the transfer or possession of assault weapons, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike out all after the enacting clause and insert in lieu thereof the following: 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 emiautomatic 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 orm 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 arge 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: "APPENDIX A Centerfire Rifles Autoloaders Browning BAR Mark II Safari Semi-Auto Rifle Browning BAR Mark II Safari Magnum Rifle Browning High-Power Rifle Heckler & Koch Model 300 Rifle Iver Johnson M-1 Carbine Iver Johnson 50th Anniversary M-1 Carbine Marlin Model 9 Camp Carbine Marlin Model 45 Carbine Remington Nylon 66 Auto-Loading Rifle Remington Model 7400 Auto Rifle Remington Model 7400 Rifle Remington Model 7400 Special Purpose Auto Rifle Ruger Mini-14 Autoloading Rifle (w/o folding stock) Ruger Mini Thirty Rifle Centerfire Rifles Lever & Slide Browning Model 81 BLR Lever-Action Rifle Browning Model 81 Long Action BLR Browning Model 1886 Lever-Action Carbine Browning Model 1886 High Grade Carbine Cimarron 1860 Henry Replica Cimarron 1866 Winchester Replicas Cimarron 1873 Short Rifle Cimarron 1873 Sporting Rifle Cimarron 1873 30" Express Rifle Dixie Engraved 1873 Rifle E.M.F. 1866 Yellowboy Lever Actions E.M.F. 1860 Henry Rifle E.M.F. Model 73 Lever-Action Rifle Marlin Model 336CS Lever-Action Carbine Marlin Model 30AS Lever-Action Carbine Marlin Model 444SS Lever-Action Sporter Marlin Model 1894S Lever-Action Carbine Marlin Model 1894CS Carbine Marlin Model 1894CL Classic Marlin Model 1895SS Lever-Action Rifle Mitchell 1858 Henry Replica Mitchell 1866 Winchester Replica Mitchell 1873 Winchester Replica Navy Arms Military Henry Rifle Navy Arms Henry Trapper Navy Arms Iron Frame Henry Navy Arms Henry Carbine Navy Arms 1866 Yellowboy Rifle Navy Arms 1873 Winchester-Style Rifle Navy Arms 1873 Sporting Rifle Remington 7600 Slide Action Remington Model 7600 Special Purpose Slide Action Rossi M92 SRC Saddle-Ring Carbine Rossi M92 SRS Short Carbine Savage 99C Lever-Action Rifle Uberti Henry Rifle Uberti 1866 Sporting Rilfe Uberti 1873 Sporting Rifle Winchester Model 94 Side Eject Lever-Action Rifle Winchester Model 94 Trapper Side Eject Winchester Model 94 Big Bore Side Eject Winchester Model 94 Ranger Side Eject Lever-Action Rifle Winchester Model 94 Wrangler Side Eject Centerfire Rifles Bolt Action Alpine Bolt-Action Rifle A-Square Caesar Bolt-Action Rifle A-Square Hannibal Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1733D Mannlicher Rifle Barret Model 90 Bolt-Action Rifle Beeman/HW 60J Bolt-Action Rifle Blaser R84 Bolt-Action Rifle BRNO 537 Sporter Bolt-Action Rifle BRNO ZKB 527 Fox Bolt-Action Rifle BRNO ZKK 600, 601, 602 Bolt-Action Rifles Browning A-Bolt Rifle Browning A-Bolt Stainless Stalker Browning A-Bolt Left Hand Browning A-Bolt Short Action Browning Euro-Bolt Rifle Browning A-Bolt Gold Medallion Browning A-Bolt Micro Medallion Century Centurion 14 Sporter Century Enfield Sporter #4 Century Swedish Sporter #38 Century Mauser 98 Sporter Cooper Model 38 Centerfire Sporter Dakota 22 Sporter Bolt-Action Rifle Dakota 76 Classic Bolt-Action Rifle Dakota 76 Short Action Rifles Dakota 76 Safari Bolt-Action Rifle Dakota 416 Rigby African E.A.A./Sabatti Rover 870 Bolt-Action Rifle Auguste Francotte Bolt-Action Rifles Carl Gustaf 2000 Bolt-Action Rifle Heym Magnum Express Series Rifle Howa Lightning Bolt-Action Rifle Howa Realtree Camo Rifle Interarms Mark X Viscount Bolt-Action Rifle Interarms Mini-Mark X Rifle Interarms Mark X Whitworth Bolt-Action Rifle Interarms Whitworth Express Rifle Iver Johnson Model 5100A1 Long-Range Rifle KDF K15 American Bolt-Action Rifle Krico Model 600 Bolt-Action Rifle Krico Model 700 Bolt-Action Rifles Mauser Model 66 Bolt-Action Rifle Mauser Model 99 Bolt-Action Rifle McMillan Signature Classic Sporter McMillan Signature Super Varminter McMillan Signature Alaskan McMillan Signature Titanium Mountain Rifle McMillan Classic Stainless Sporter McMillan Talon Safari Rifle McMillan Talon Sporter Rifle Midland 1500S Survivor Rifle Navy Arms TU-33/40 Carbine Parker-Hale Model 81 Classic Rifle Parker-Hale Model 81 Classic African Rifle Parker-Hale Model 1000 Rifle Parker-Hale Model 1100M African Magnum Parker-Hale Model 1100 Lightweight Rifle Parker-Hale Model 1200 Super Rifle Parker-Hale Model 1200 Super Clip Rifle Parker-Hale Model 1300C Scout Rifle Parker-Hale Model 2100 Midland Rifle Parker-Hale Model 2700 Lightweight Rifle Parker-Hale Model 2800 Midland Rifle Remington Model Seven Bolt-Action Rifle Remington Model Seven Youth Rifle Remington Model Seven Custom KS Remington Model Seven Custom MS Rifle Remington 700 ADL Bolt-Action Rifle Remington 700 BDL Bolt-Action Rifle Remington 700 BDL Varmint Special Remington 700 BDL European Bolt-Action Rifle Remington 700 Varmint Synthetic Rifle Remington 700 BDL SS Rifle Remington 700 Stainless Synthetic Rifle Remington 700 MTRSS Rifle Remington 700 BDL Left Hand Remington 700 Camo Synthetic Rifle Remington 700 Safari Remington 700 Mountain Rifle Remington 700 Custom KS Mountain Rifle Remington 700 Classic Rifle Ruger M77 Mark II Rifle Ruger M77 Mark II Magnum Rifle Ruger M77RL Ultra Light Ruger M77 Mark II All-Weather Stainless Rifle Ruger M77 RSI International Carbine Ruger M77 Mark II Express Rifle Ruger M77VT Target Rifle Sako Hunter Rifle Sako Fiberclass Sporter Sako Safari Grade Bolt Action Sako Hunter Left-Hand Rifle Sako Classic Bolt Action Sako Hunter LS Rifle Sako Deluxe Lightweight Sako Super Deluxe Sporter Sako Mannlicher-Style Carbine Sako Varmint Heavy Barrel Sako TRG-S Bolt-Action Rifle Sauer 90 Bolt-Action Rifle Savage 110G Bolt-Action Rifle Savage 110CY Youth/Ladies Rifle Savage 110WLE One of One Thousand Limited Edition Rifle Savage 110GXP3 Bolt-Action Rifle Savage 110F Bolt-Action Rifle Savage 110FXP3 Bolt-Action Rifle Savage 110GV Varmint Rifle Savage 112FV Varmint Rifle Savage Model 112FVS Varmint Rifle Savage Model 112BV Heavy Barrel Varmint Rifle Savage 116FSS Bolt-Action Rifle Savage Model 116FSK Kodiak Rifle Savage 110FP Police Rifle Steyr-Mannlicher Sporter Models SL, L, M, S, S/T Steyr-Mannlicher Luxus Model L, M, S Steyr-Mannlicher Model M Professional Rifle Tikka Bolt-Action Rifle Tikka Premium Grade Rifles Tikka Varmint/Continental Rifle Tikka Whitetail/Battue Rifle Ultra Light Arms Model 20 Rifle Ultra Light Arms Model 28, Model 40 Rifles Voere VEC 91 Lightning Bolt-Action Rifle Voere Model 2165 Bolt-Action Rifle Voere Model 2155, 2150 Bolt-Action Rifles Weatherby Mark V Deluxe Bolt-Action Rifle Weatherby Lasermark V Rifle Weatherby Mark V Crown Custom Rifles Weatherby Mark V Sporter Rifle Weatherby Mark V Safari Grade Custom Rifles Weatherby Weathermark Rifle Weatherby Weathermark Alaskan Rifle Weatherby Classicmark No. 1 Rifle Weatherby Weatherguard Alaskan Rifle Weatherby Vanguard VGX Deluxe Rifle Weatherby Vanguard Classic Rifle Weatherby Vanguard Classic No. 1 Rifle Weatherby Vanguard Weatherguard Rifle Wichita Classic Rifle Wichita Varmint Rifle Winchester Model 70 Sporter Winchester Model 70 Sporter WinTuff Winchester Model 70 SM Sporter Winchester Model 70 Stainless Rifle Winchester Model 70 Varmint Winchester Model 70 Synthetic Heavy Varmint Rifle Winchester Model 70 DBM Rifle Winchester Model 70 DBM-S Rifle Winchester Model 70 Featherweight Winchester Model 70 Featherweight WinTuff Winchester Model 70 Featherweight Classic Winchester Model 70 Lightweight Rifle Winchester Ranger Rifle Winchester Model 70 Super Express Magnum Winchester Model 70 Super Grade Winchester Model 70 Custom Sharpshooter Winchester Model 70 Custom Sporting Sharpshooter Rifle Centerfire Rifles Single Shot Armsport 1866 Sharps Rifle, Carbine Brown Model One Single Shot Rifle Browning Model 1885 Single Shot Rifle Dakota Single Shot Rifle Desert Industries G-90 Single Shot Rifle Harrington & Richardson Ultra Varmint Rifle Model 1885 High Wall Rifle Navy Arms Rolling Block Buffalo Rifle Navy Arms #2 Creedmoor Rifle Navy Arms Sharps Cavalry Carbine Navy Arms Sharps Plains Rifle New England Firearms Handi-Rifle Red Willow Armory Ballard No. 5 Pacific Red Willow Armory Ballard No. 1.5 Hunting Rifle Red Willow Armory Ballard No. 8 Union Hill Rifle Red Willow Armory Ballard No. 4.5 Target Rifle Remington-Style Rolling Block Carbine Ruger No. 1B Single Shot Ruger No. 1A Light Sporter Ruger No. 1H Tropical Rifle Ruger No. 1S Medium Sporter Ruger No. 1 RSI International Ruger No. 1V Special Varminter C. Sharps Arms New Model 1874 Old Reliable C. Sharps Arms New Model 1875 Rifle C. Sharps Arms 1875 Classic Sharps C. Sharps Arms New Model 1875 Target & Long Range Shiloh Sharps 1874 Long Range Express Shiloh Sharps 1874 Montana Roughrider Shiloh Sharps 1874 Military Carbine Shiloh Sharps 1874 Business Rifle Shiloh Sharps 1874 Military Rifle Sharps 1874 Old Reliable Thompson/Center Contender Carbine Thompson/Center Stainless Contender Carbine Thompson/Center Contender Carbine Survival System Thompson/Center Contender Carbine Youth Model Thompson/Center TCR 87 Single Shot Rifle Uberti Rolling Block Baby Carbine Drillings, Combination Guns, Double Rifles Baretta Express SSO O/U Double Rifles Baretta Model 455 SxS Express Rifle Chapuis RGExpress Double Rifle Auguste Francotte Sidelock Double Rifles Auguste Francotte Boxlock Double Rifle Heym Model 55B O/U Double Rifle Heym Model 55FW O/U Combo Gun Heym Model 88b Side-by-Side Double Rifle Kodiak Mk. IV Double Rifle Kreighoff Teck O/U Combination Gun Kreighoff Trumpf Drilling Merkel Over/Under Combination Guns Merkel Drillings Merkel Model 160 Side-by-Side Double Rifles Merkel Over/Under Double Rifles Savage 24F O/U Combination Gun Savage 24F-12T Turkey Gun Springfield Inc. M6 Scout Rifle/Shotgun Tikka Model 412s Combination Gun Tikka Model 412S Double Fire A. Zoli Rifle-Shotgun O/U Combo Rimfire Rifles Autoloaders AMT Lightning 25/22 Rifle AMT Lightning Small-Game Hunting Rifle II AMT Magnum Hunter Auto Rifle Anschutz 525 Deluxe Auto Armscor Model 20P Auto Rifle Browning Auto-22 Rifle Browning Auto-22 Grade VI Krico Model 260 Auto Rifle Lakefield Arms Model 64B Auto Rifle Marlin Model 60 Self-Loading Rifle Marlin Model 60ss Self-Loading Rifle Marlin Model 70 HC Auto Marlin Model 990l Self-Loading Rifle Marlin Model 70P Papoose Marlin Model 922 Magnum Self-Loading Rifle Marlin Model 995 Self-Loading Rifle Norinco Model 22 ATD Rifle Remington Model 522 Viper Autoloading Rifle Remington 552BDL Speedmaster Rifle Ruger 10/22 Autoloading Carbine (w/o folding stock) Survival Arms AR-7 Explorer Rifle Texas Remington Revolving Carbine Voere Model 2115 Auto Rifle Rimfire Rifles Lever & Slide Action Browning BL-22 Lever-Action Rifle Marlin 39TDS Carbine Marlin Model 39AS Golden Lever-Action Rifle Remington 572BDL Fieldmaster Pump Rifle Norinco EM-321 Pump Rifle Rossi Model 62 SA Pump Rifle Rossi Model 62 SAC Carbine Winchester Model 9422 Lever-Action Rifle Winchester Model 9422 Magnum Lever-Action Rifle Rimfire Rifles Bolt Actions & Single Shots Anschutz Achiever Bolt-Action Rifle Anschutz 1416D/1516D Classic Rifles Anschutz 1418D/1518D Mannlicher Rifles Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700 FWT Bolt-Action Rifle Anschutz 1700D Graphite Custom Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Armscor Model 14P Bolt-Action Rifle Armscor Model 1500 Rifle BRNO ZKM-452 Deluxe Bolt-Action Rifle BRNO ZKM 452 Deluxe Beeman/HW 60-J-ST Bolt-Action Rifle Browning A-Bolt 22 Bolt-Action Rifle Browning A-Bolt Gold Medallion Cabanas Phaser Rifle Cabanas Master Bolt-Action Rifle Cabanas Espronceda IV Bolt-Action Rifle Cabanas Leyre Bolt-Action Rifle Chipmunk Single Shot Rifle Cooper Arms Model 36S Sporter Rifle Dakota 22 Sporter Bolt-Action Rifle Krico Model 300 Bolt-Action Rifles Lakefield Arms Mark II Bolt-Action Rifle Lakefield Arms Mark I Bolt-Action Rifle Magtech Model MT-22C Bolt-Action Rifle Marlin Model 880 Bolt-Action Rifle Marlin Model 881 Bolt-Action Rifle Marlin Model 882 Bolt-Action Rifle Marlin Model 883 Bolt-Action Rifle Marlin Model 883SS Bolt-Action Rifle Marlin Model 25MN Bolt-Action Rifle Marlin Model 25N Bolt-Action Repeater Marlin Model 15YN "Little Buckaroo" Mauser Model 107 Bolt-Action Rifle Mauser Model 201 Bolt-Action Rifle Navy Arms TU-KKW Training Rifle Navy Arms TU-33/40 Carbine Navy Arms TU-KKW Sniper Trainer Norinco JW-27 Bolt-Action Rifle Norinco JW-15 Bolt-Action Rifle Remington 541-T Remington 40-XR Rimfire Custom sporter Remington 541-T HB Bolt-Action Rifle Remington 581-S Sportsman Rifle Ruger 77/22 Rimfire Bolt-Action Rifle Ruger K77/22 Varmint Rifle Ultra Light Arms Model 20 RF Bolt-Action Rifle Winchester Model 52B Sporting Rifle Competition Rifles Centerfire & Rimfire Anschutz 64-MS Left Silhouette Anschutz 1808D RT Super Match 54 Target Anschutz 1827B Biathlon Rifle Anschutz 1903D Match Rifle Anschutz 1803D Intermediate Match Anschutz 1911 Match Rifle Anschutz 54.18MS REP Deluxe Silhouette Rifle Anschutz 1913 Super Match Rifle Anschutz 1907 Match Rifle Anschutz 1910 Super Match II Anschutz 54.18MS Silhouette Rifle Anschutz Super Match 54 Target Model 2013 Anschutz Super Match 54 Target Model 2007 Beeman/Feinwerkbau 2600 Target Rifle Cooper Arms Model TRP-1 ISU Standard Rifle E.A.A./Weihrauch HW 60 Target Rifle E.A.A./HW 660 Match Rifle Finnish Lion Standard Target Rifle Krico Model 360 S2 Biathlon Rifle Krico Model 400 Match Rifle Krico Model 360S Biathlon Rifle Krico Model 500 Kricotronic Match Rifle Krico Model 600 Sniper Rifle Krico Model 600 Match Rifle Lakefield Arms Model 90B Target Rifle Lakefield Arms Model 91T Target Rifle Lakefield Arms Model 92S Silhouette Rifle Marlin Model 2000 Target Rifle Mauser Model 86-SR Specialty Rifle McMillan M-86 Sniper Rifle McMillan Combo M-87/M-88 50-Caliber Rifle McMillan 300 Phoenix Long Range Rifle McMillan M-89 Sniper Rifle McMillan National Match Rifle McMillan Long Range Rifle Parker-Hale M-87 Target Rifle Parker-Hale M-85 Sniper Rifle Remington 40-XB Rangemaster Target Centerfire Remington 40-XR KS Rimfire Position Rifle Remington 40-XBBR KS Remington 40-XC KS National Match Course Rifle Sako TRG-21 Bolt-Action Rifle Steyr-Mannlicher Match SPG-UIT Rifle Steyr-Mannlicher SSG P-I Rifle Steyr-Mannlicher SSG P-III Rifle Steyr-Mannlicher SSG P-IV Rifle Tanner Standard UIT Rifle Tanner 50 Meter Free Rifle Tanner 300 Meter Free Rifle Wichita Silhouette Rifle Shotguns Autoloaders American Arms/Franchi Black Magic 48/AL Benelli Super Black Eagle Shotgun Benelli Super Black Eagle Slug Gun Benelli M1 Super 90 Field Auto Shotgun Benelli Montefeltro Super 90 20-Gauge Shotgun Benelli Montefeltro Super 90 Shotgun Benelli M1 Sporting Special Auto Shotgun Benelli Black Eagle Competition Auto Shotgun Beretta A-303 Auto Shotgun Beretta 390 Field Auto Shotgun Beretta 390 Super Trap, Super Skeet Shotguns Beretta Vittoria Auto Shotgun Beretta Model 1201F Auto Shotgun Browning BSA 10 Auto Shotgun Browning Bsa 10 Stalker Auto Shotgun Browning A-500R Auto Shotgun Browning A-500G Auto Shotgun Browning A-500G Sporting Clays Browning Auto-5 Light 12 and 20 Browning Auto-5 Stalker Browning Auto-5 Magnum 20 Browning Auto-5 Magnum 12 Churchill Turkey Automatic Shotgun Cosmi Automatic Shotgun Maverick Model 60 Auto Shotgun Mossberg Model 5500 Shotgun Mossberg Model 9200 Regal Semi-Auto Shotgun Mossberg Model 9200 USST Auto Shotgun Mossberg Model 9200 Camo Shotgun Mossberg Model 6000 Auto Shotgun Remington Model 1100 Shotgun Remington 11-87 Premier shotgun Remington 11-87 Sporting Clays Remington 11-87 Premier Skeet Remington 11-87 Premier Trap Remington 11-87 Special Purpose Magnum Remington 11-87 SPS-T Camo Auto Shotgun Remington 11-87 Special Purpose Deer Gun Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun Remington 11-87 SPS-Deer Shotgun Remington 11-87 Special Purpose Synthetic Camo Remington SP-10 Magnum-Camo Auto Shotgun Remington SP-10 Magnum Auto Shotgun Remington SP-10 Magnum Turkey Combo Remington 1100 LT-20 Auto Remington 1100 Special Field Remington 1100 20-Gauge Deer Gun Remington 1100 LT-20 Tournament Skeet Winchester Model 1400 Semi-Auto Shotgun Shotguns Slide Actions Browning Model 42 Pump Shotgun Browning BPS Pump Shotgun Browning BPS Stalker Pump Shotgun Browning BPS Pigeon Grade Pump Shotgun Browning BPS Pump Shotgun (Ladies and Youth Model) Browning BPS Game Gun Turkey Special Browning BPS Game Gun Deer Special Ithaca Model 87 Supreme Pump Shotgun Ithaca Model 87 Deerslayer Shotgun Ithaca Deerslayer II Rifled Shotgun Ithaca Model 87 Turkey Gun Ithaca Model 87 Deluxe Pump Shotgun Magtech Model 586-VR Pump Shotgun Maverick Models 88, 91 Pump Shotguns Mossberg Model 500 Sporting Pump Mossberg Model 500 Camo Pump Mossberg Model 500 Muzzleloader Combo Mossberg Model 500 Trophy Slugster Mossberg Turkey Model 500 Pump Mossberg Model 500 Bantam Pump Mossberg Field Grade Model 835 Pump Shotgun Mossberg Model 835 Regal Ulti-Mag Pump Remington 870 Wingmaster Remington 870 Special Purpose Deer Gun Remington 870 SPS-BG-Camo Deer/Turkey Shotgun Remington 870 SPS-Deer Shotgun Remington 870 Marine Magnum Remington 870 TC Trap Remington 870 Special Purpose Synthetic Camo Remington 870 Wingmaster Small Gauges Remington 870 Express Rifle Sighted Deer Gun Remington 879 SPS Special Purpose Magnum Remington 870 SPS-T Camo Pump Shotgun Remington 870 Special Field Remington 870 Express Turkey Remington 870 High Grades Remington 870 Express Remington Model 870 Express Youth Gun Winchester Model 12 Pump Shotgun Winchester Model 42 High Grade Shotgun Winchester Model 1300 Walnut Pump Winchester Model 1300 Slug Hunter Deer Gun Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun Winchester Model 1300 Turkey Gun Winchester Model 1300 Ranger Pump Gun Shotguns Over/Unders American Arms/Franchi Falconet 2000 O/U American Arms Silver I O/U American Arms Silver II Shotgun American Arms Silver Skeet O/U American Arms/Franchi Sporting 2000 O/U American Arms Silver Sporting O/U American Arms Silver Trap O/U American Arms WS/OU 12, TS/OU 12 Shotguns American Arms WT/OU 10 Shotgun Armsport 2700 O/U Goose Gun Armsport 2700 Series O/U Armsport 2900 Tri-Barrel Shotgun Baby Bretton Over/Under Shotgun Beretta Model 686 Ultralight O/U Beretta ASE 90 Competition O/U Shotgun Beretta Over/Under Field Shotguns Beretta Onyx Hunter Sport O/U Shotgun Beretta Model SO5, SO6, SO9 Shotguns Beretta Sporting Clay Shotguns Beretta 687EL Sporting O/U Beretta 682 Super Sporting O/U Beretta Series 682 Competition Over/Unders Browning Citori O/U Shotgun Browning Superlight Citori Over/Under Browning Lightning Sporting Clays Browning Micro Citori Lightning Browning Citori Plus Trap Combo Browning Citori Plus Trap Gun Browning Citori O/U Skeet Models Browning Citori O/U Trap Models Browning Special Sporting Clays Browning Citori GTI Sporting Clays Browning 325 Sporting Clays Centurion Over/Under Shotgun Chapuis Over/Under Shotgun Connecticut Valley Classics Classic Sporter O/U Connecticut Valley Classics Classic Field Waterfowler Charles Daly Field Grade O/U Charles Daly Lux Over/Under E.A.A./Sabatti Sporting Clays Pro-Gold O/U E.A.A/Sabatti Falcon-Mon Over/Under Kassnar Grade I O/U Shotgun Krieghoff K-80 Sporting Clays O/U Krieghoff K-80 Skeet Shotgun Krieghoff K-80 International Skeet Krieghoff K-80 Four-Barrel Skeet Set Krieghoff K-80/RT Shotguns Krieghoff K-80 O/U Trap Shotgun Laurona Silhouette 300 Sporting Clays Laurona Silhouette 300 Trap Laurona Super Model Over/Unders Ljutic LM-6 Deluxe O/U Shotgun Marocchi Conquista Over/Under Shotgun Marocchi Avanza O/U Shotgun Merkel Model 200E O/U Shotgun Merkel Model 200E Skeet, Trap Over/Unders Merkel Model 203E, 303E Over/Under Shotguns Perazzi Mirage Special Sporting O/U Perazzi Mirage Special Four-Gauge Skeet Perazzi Sporting Classic O/U Perazzi MX7 Over/Under Shotguns Perazzi Mirage Special Skeet Over/Under Perazzi MX8/MX8 Special Trap, Skeet Perazzi MX8/20 Over/Under Shotgun Perazzi MX9 Single Over/Under Shotguns Perazzi MX12 Hunting Over/Under Perazzi MX28, MX410 Game O/U Shotguns Perazzi MX20 Hunting Over/Under Piotti Boss Over/Under Shotgun Remington Peerless Over/Under Shotgun Ruger Red Label O/U Shotgun Ruger Sporting Clays O/U Shotgun San Marco 12-Ga. Wildflower Shotgun San Marco Field Special O/U Shotgun San Marco 10-Ga. O/U Shotgun SKB Model 505 Deluxe Over/Under Shotgun SKB Model 685 Over/Under Shotgun SKB Model 885 Over/Under Trap, Skeet, Sporting Clays Stoeger/IGA Condor I O/U Shotgun Stoeger/IGA ERA 2000 Over/Under Shotgun Techni-Mec Model 610 Over/Under Tikka Model 412S Field Grade Over/Under Weatherby Athena Grade IV O/U Shotguns Weatherby Athena Grade V Classic Field O/U Weatherby Orion O/U Shotguns Weatherby II, III Classic Field O/Us Weatherby Orion II Classic Sporting Clays O/U Weatherby Orion II Sporting Clays O/U Winchester Model 1001 O/U Shotgun Winchester Model 1001 Sporting Clays O/U Pietro Zanoletti Model 2000 Field O/U Shotguns Side by Sides American Arms Brittany Shotgun American Arms Gentry Double Shotgun American Arms Derby Side-by-Side American Arms Grulla #2 Double Shotgun American Arms WS/SS 10 American Arms TS/SS 10 Double Shotgun American Arms TS/SS 12 Side-by-Side Arrieta Sidelock Double Shotguns Armsport 1050 Series Double Shotguns Arizaga Model 31 Double Shotgun AYA Boxlock Shotguns AYA Sidelock Double Shotguns Beretta Model 452 Sidelock Shotgun Beretta Side-by-Side Field Shotguns Crucelegui Hermanos Model 150 Double Chapuis Side-by-Side Shotgun E.A.A./Sabatti Saba-Mon Double Shotgun Charles Daly Model Dss Double Ferlib Model F VII Double Shotgun Auguste Francotte Boxlock Shotgun Auguste Francotte Sidelock Shotgun Garbi Model 100 Double Garbi Model 101 Side-by-Side Garbi Model 103A, B Side-by-Side Garbi Model 200 Side-by-Side Bill Hanus Birdgun Doubles Hatfield Uplander Shotgun Merkell Model 8, 47E Side-by-Side Shotguns Merkel Model 47LSC Sporting Clays Double Merkel Model 47S, 147S Side-by-Sides Parker Reproductions Side-by-Side Piotti King No. 1 Side-by-Side Piotti Lunik Side-by-Side Piotti King Extra Side-by-Side Piotti Piuma Side-by-Side Precision Sports Model 600 Series Doubles Rizzini Boxlock Side-by-Side Rizzini Sidelock Side-by-Side Stoeger/IGA Uplander Side-by-Side Shotgun Ugartechea 10-Ga. Magnum Shotgun Shotguns Bolt Actions & Single Shots Armsport Single Barrel Shotgun Browning BT-99 Competition Trap Special Browning BT-99 Plus Trap Gun Browning BT-99 Plus Micro Browning Recoilless Trap Shotgun Browning Micro Recoilless Trap Shotgun Desert Industries Big Twenty Shotgun Harrington & Richardson Topper Model 098 Harrington & Richardson Topper Classic Youth Shotgun Harrington & Richardson N.W.T.F. Turkey Mag Harrington & Richardson Topper Deluxe Model 098 Krieghoff KS-5 Trap Gun Krieghoff KS-5 Special Krieghoff K-80 Single Barrel Trap Gun Ljutic Mono Gun Single Barrel Ljutic LTX Super Deluxe Mono Gun Ljutic Recoilless Space Gun Shotgun Marlin Model 55 Goose Gun Bolt Action New England Firearms Turkey and Goose Gun New England Firearms N.W.T.F. Shotgun New England Firearms Tracker Slug Gun New England Firearms Standard Pardner New England Firearms Survival Gun Perazzi TM1 Special Single Trap Remington 90-T Super Single Shotgun Snake Charmer II Shotgun Stoeger/IGA Reuna Single Barrel Shotgun Thompson/Center TCR 87 Hunter Shotgun.". Summary and Purpose The purpose of this bill is to create criminal penalties for the manufacture, transfer, or possession of certain firearms within the category of firearms known as "semiautomatic assault weapons." It also creates such penalties for certain ammunition feeding devices, as well as any combination of parts from which such a device can be assembled. In reporting legislation banning certain assault weapons last Congress, the Committee on the Judiciary said: The threat posed by criminals and mentally deranged individuals armed with semi-automatic assault weapons has been tragically widespread. 11"Omnibus Crime Control Act of 1991," Report of the Committee on the Judiciary, House of Representatives, on H.R. 3371, 102d Cong, 1st Sess., Rept. 102-242, October 7, 1991, at 202. Since then, the use of semiautomatic assault weapons by criminal gangs, drug-traffickers, and mentally deranged persons continues to grow. 22See, e.g., Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 Firearms; Chief Sylvester Daughtry, President, International Association of Chiefs of Police; Mr. John Pitta, National Executive Director, Federal Law Enforcement Officers Association). H.R. 4296 will restrict the availability of such weapons in the future. The bill protects the rights of persons who lawfully own such weapons on its date of enactment by a universal "grandfathering" clause and specifically exempts certain firearms traditionally used for hunting and other legitimate support. It contains no confiscation or registration provisions; however, it does establish record-keeping requirements for transfers involving grandfathered semiautomatic assault weapons. Such record-keeping is not required for transfers of grandfathered ammunition feeding devices (or their component parts.) H.R. 4296 expires ("sunsets") on its own terms after 10 years. Background A series of hearings over the last five years on the subject of semiautomatic assault weapons has demonstrated that they are a growing menace to our society of proportion to their numbers: 3 As this Committee said in its report to the last Congress: 3Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994; Hearing on Semiautomatic Assault Weapons, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, June 12, 1991; Hearing on Semiautomatic Assault Weapons, Part II, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, July 25, 1991; Hearing on H.R. 1190, Semiautomatic Assault Weapons Act of 1989, and related bills, House of Representatives, Committee on the Judiciary, Subcommittee on Crime, April 5 and 6, 1989. The carnage inflicted on the American people be criminals and mentally deranged people armed with Rambo-style, semi-automatic assault weapons has been overwhelming and continuing. Police and law enforcement groups all over the nation have joined together to support legislation that would help keep these weapons out of the hands of criminals. 4 4 "Omnibus Crime Control Act of 1991," Report of the Committee on the Judiciary, House of Representatives, on H.R. 3371, 102d Cong, 1st Sess., Rept. 102-242, October 7, 1991, at 203. Since then, evidence continues to mount that these semiautomatic assault weapons are the weapons of choice among drug dealers, criminal gangs, hate groups, and mentally deranged persons bent on mass murder. Use in Crimes. On April 25, 1994, the Director of the Federal Bureau of Alcohol, Tobacco and Firearms testified that the percentage of semiautomatic assault weapons among guns traced because of their use in crime is increasing: In 1990, 5.9 percent of firearms traced were assault weapons. In 1993, that percentage rose to 8.1 percent. Since Justice Department studies have shown that assault weapons make up only about 1 percent of the firearms in circulation, these percentages strongly suggest that they are proportionately more often used in crimes. 5 5 Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statement of Hon. John Magaw, Director, Bureau of Alcohol, Tobacco and Firearms). Law enforcement officials confirm this statistical evidence in accounts of the rising level of lethality they face from assault weapons on the street. For example, the representative of a national police officers organization testified: In the past, we used to face criminals armed with a cheap Saturday Night Special that could fire off six rounds before loading. Now it is not at all unusual for a cop to look down the barrel of a TEC-9 with a 32 round clip. The ready availability of and easy access to assault weapons by criminals has increased so dramatically that police forces across the country are being required to upgrade their service weapons merely as a matter of self-defense and preservation. The six-shot .38 caliber service revolver, standard law enforcement issue for years, it just no match against a criminal armed with a semi-automatic assault weapon. 66Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statement of Tony Loizzo, executive vice president, National Association of Police Organizations). See also, Hearing on Semiautomatic Assault Weapons, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, June 12, 1991 (Statement of Dewey R. Stokes, National President, Fraternal Order of Police) (assault weapons "pose a grave and immediate threat to the lives of those sworn to uphold our laws"); Hearing on H.R. 1190, Semiautomatic Assault Weapons Act of 1989, and related bills, House of Representatives, Committee on the Judiciary, Subcommittee on Crime, April 5, 1989 (Testimony of Daniel M. Hartnett, associate director, law enforcement, Bureau of Alcohol, Tobacco and Firearms) ("Fifteen years ago, police rarely encountered armed drug dealers. Today, firearms, especially certain types of semiautomatic weapons, are status symbols and tools of the trade for this countrys most vicious criminals.") A representative of federal law enforcement officers testified that semiautomatic assault weapons "dramatically escalate the firepower or the user" and "have become the weapon of choice for drug runners, hate groups and the mentally unstable." 7 7Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statement of John Pitta, executive vice president, Federal Law Enforcement Officers Association). The TEC-9 assault pistol is the undisputed favorite of drug traffickers, gang members and violent criminals. Cities across the country confiscate more TEC-9s than any other assault pistol. The prototype for the TEC-9 was originally designed as a submachine gun for the South African government. Now it comes standard with an ammunition magazine holding 36 rounds of 9 mm cartridges. It also has a threaded barrel to accept a silencer, and a barrel shroud to cool the barrel during rapid fire. To any real sportsman or collector, this firearm is a piece of junk, yet is very popular among criminals. 88Hearing on H.R. 4296 and H.R. 3527, Public Safety and recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statement of John Pitta, executive vice president, Federal Law Enforcement Officers Association). The Secretary of Housing and Urban Development testified that criminal gangs in Chicago routinely use semiautomatic assault weapons to intimidate not only residents but also security guards, forcing the latter to remove metal detectors installed to detect weapons. 99Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statement of Hon. Henry Cisneros, Secretary, Department of Housing and Urban Development). Use in Mass Killings and Killings of Law Enforcement Officers. Public concern about semiautomatic assault weapons has grown because of shootings in which large numbers of innocent people have been killed and wounded, and in which law enforcement officers have been murdered. On April 25, 1994, the Subcommittee on Crime and Criminal Justice heard testimony about several incidents representative of such killings. On February 22, 1994, Los Angeles (CA) Police Department rookie officer Christy Lynn Hamilton was ambushed and killed by a drug-abusing teenager using a Colt AR-15. The round that killed Officer Hamilton penetrated a car door, skirted the armhole of her protective vest, and lodged in her chest. The teenager also killed his father, who had given him the gun, and took his own life as well. Officer Hamilton had been voted the most inspirational officer in her graduating class only weeks before her murder. Officer Hamiltons surviving brother testified about the impact of this murder. 1010Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statement of Ken Brondell, Jr.). On December 7, 1993, a deranged gunman walked through a Long Island Railroad commuter train, shooting commuters. Six died and 19 were wounded. The gunman used a Ruger semiautomatic postol. Although the pistol itself would not be classified as an assault weapon under this bill, its 15 round ammunition magazine ("clip") would be banned. The gunman had several of these high capacity 15 round magazines and reloaded several times, firing between 30 to 50 rounds before he was overpowered while trying to reload yet again. The parents of one of the murdered victims, Amy Locicero Federici, testified about the impact of this murder. 1111Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statements of Jacob Locicero and Arlene Locicero). On February 28, 1993, 4 special agents of the Bureau of Alcohol, Tobacco and Firearms were killed and 15 were wounded while trying to serve federal search and arrest warrants at the Branch Davidian compound in Waco, Texas. The Branch Davidian arsenal included hundreds of assault weapons, including AR-15s, AK-47s, Street Sweepers, MAC10s and MAC-11s, along with extremely high capacity magazines (up to 260 rounds). 1212Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statement of John Pitta, executive vice president, Federal Law Enforcement Officers Association). Finally, on July 1, 1993, gunman Gian Luigi Ferri Killed 8 people and wounded 6 others in a San Francisco high rise office building. Ferri who took his own life used two TEC DC9 assault pistols with 50 round magazines, purchased from a gun dealer in Las Vegas, Nevada. Two witnesses, both of whom lost spouses in the slaughter, and one of whom was herself seriously injured, testified about this incident. 1313Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statements of Michelle Scully and Steve Sposato). Numerous other notorious incidents involving semiautomatic assault weapons have occurred. They include the January 25, 1993, slaying of 2 CIA employees and wounding of 3 others at McLean, VA, (AK-47), and the January 17, 1989 murder in a Stockton, CA, schoolyard of 5 small children, and wounding of 29 others (AK-47 and 75 round magazine, firing 106 rounds in less than 2 minutes). Several witnesses who were victims themselves during such incidents testified in opposition to H.R. 4296/H.R. 3527, and in opposition to the banning of any semiautomatic assault weapons or ammunition feeding devices. Dr. Suzanna Gratia witnessed the brutal murder, in Lubys cafeteria located in Killeen, Texas, of both of her parents who had just celebrated their 47 weeding anniversary. Just a few days before, she had removed her gun from her purse and left it in her car to comply with a Texas law which does not allow concealed carrying of a firearm. Dr. Gratia testified: I am mad at my legislators for legislating me out of a right to protect myself and my family. I would much rather be sitting in jail with a felony offense on my head and have my parents alive. As far as these so-called assault weapons, you say that they dont have any defense use. You tell that to the guy that I saw on a videotape of the Los Angeles riots standing on his rooftop protecting his property and his life from an entire mob with one of these so-called assault weapons. Tell me that he didnt have a legitimate self-defense use. 1414Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on crime and Criminal Justice, April 25, 1994 (State of Dr. Suzanna Gratia, Copperas Cove, Texas) Ms. Jacquie Miller was shot several times with a semiautomatic assault weapon and left for dead at her place of employment with the Standard Gravure Printing Company in Louisville, Kentucky, when a fellow employee went on a killing spree. Now permanently disabled, Ms. Miller testified: It completely enrages me that my tragedy is being used against me to deny me and all the law abiding citizens of this country to the right of the firearm of our choosing. I refuse in return to use my tragedy for retribution against innocent people just to make myself feel better for having this misfortune. Enforce the laws against criminals already on the books. After all, there are already over 20,000 of them. More wont do a thing for crime control * * * You cannot ban everything in the world that could be used as a weapon because you fear it, dont understand it, or dont agree with it. 1515The Committee notes that, under the Gun Control Act of 1968 as amended in 1986, it is a Federal felony for a convicted felon to be in possession of any firearm, including an assault weapon, under 18 U.S.C. 922(g)(1). Violations carry up to five years imprisonment and a $250,000 fine. If a criminal whether previously convicted or not is carrying an assault weapon and is involved in a drug trafficking crime, that criminal is subject to a mandatory minimum of 5 years imprisonment and a $250,000 fine under 18 U.S.C. 924(c)(1). Any criminal who has three prior violent felony and/or serious drug offenses convictions and is in possession of a firearm is subject to a mandatory minimum of 15 years imprisonment and a $250,000 fine under 18 U.S.C. 924(e)(1). This is America, not Lithuania or China. Our most cherished possession is our Constitution and Bill of Rights. Lets not sell those down the river or we could one day find ourselves in a boat without a paddle against the criminals who think we are easy pickings. 1616Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statement of Ms. Jacquie Miller, Louisville, Kentucky). Mr. Phillip Murphy used his lawfully-possessed Colt AR-15 H-BAR Sporter semiautomatic rifle a gun which would be specifically banned by H.R. 4296 to capture one of Tucson, Arizonas most wanted criminals who was attempting to burglarize the home of Mr. Murphys parents. The 19-year old criminal he captured was a three-time loser with 34 prior convictions who was violating his third adult State parole for a knife assault. Mr. Murphy testified: I respectfully urge this Committee and the Congress of the United States to restrain themselves from forcing tens of millions of law-abiding Americans like me to choose between the law and their lives. 1717Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statement of Mr. Phillip Murphy, Tucson, Arizona). The Characteristics of Military-Style Semiautomatic Assault Weapons. The question of what constitutes an assault weapon has been studied by the Congress and the executive branch as the role of these guns in criminal violence has grown. A Bureau of Alcohol, Tobacco and Firearms working group formed under the Bush administration to consider banning foreign imports of such semiautomatic assault weapons conducted the most recent comprehensive study of military assault weapons and the civilian firearms that are modelled after them. The working group formulated a definition of the civilian version, and a list of the assault weapon characteristics that distinguish them from sporting guns. That technical work has to a large extent been incorporated into H.R. 4296. 181918U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, "Report and Recommendation of the ATF Working Group on the Importability of Certain Semiautomatic Rifles," July, 1989. 19The ultimate question of law upon which the working group was advising the Secretary of the Treasury was whether these import firearms met a "sporting purpose" test under 18 U.S.C. Code section 925(d). He held that they did not. Although that legal question is not directly posed by this bill, the working groups research and analysis on assault weapons is relevant on the questions of the purposes underlying the design of assault weapons, the characteristics that distinguish them from sporting guns, and the reasons underlying each of the distinguishing features. The working group settled on the term "semiautomatic assault" for the civilian firearms at issue. That term distinguishes the civilian firearms from the fully automatic military weapons (machineguns) 20 after which they are modelled and often simply adapted by eliminating the automatic fire feature. The group determined that "semiautomatic assault rifles * * * represent a distinctive type of rifle distinguished by certain general characteristics which are common to the modern military assault rifle." 21 20An automatic gun fires a continuous stream as long as the trigger is held down, until it has fired all of the cartridges ("rounds" or "bullets") in its magazine (or "clip"). Automatic firearms are also known as machineguns. A semi-automatic gun fires one round, then loads a new round, each time the trigger is pulled until its magazine is exhausted. Manually operated guns require the shooter to manually operate a bolt, slide, pump, or lever action to extract the fired round and load a new round before pulling the trigger. 21U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, "Report and Recommendation of the ATF Working Group on the Importability of Certain Semiautomatic Rifles," July, 1989, p. 6. The group elaborated on the nature of those characteristics as follows: The modern military assault rifle, such as the U.S. M16, German G3, Belgian FN/FAL, and Soviet AK-47, is a weapon designed for killing or disabling the enemy and * * * has characteristics designed to accomplish this purpose. We found that the modern military assault rifle contains a variety of physical features and characteristics designed for military applications which distinguishes it from traditional sporting rifles. These military features and characteristics (other than selective fire) are carried over to the semiautomatic versions of the original military rifle. 2222U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, "Report and Recommendation of the ATF Working Group on the Importability of Certain Semiautomatic Rifles," July, 1989, p. 6. The "selective fire" feature to which the working group referred is the ability of the military versions to switch from fully automatic to semiautomatic fire at the option of the user. Since Congress has already banned certain civilian transfer or possession of machineguns, 23 the civilian models of these guns are produced with semiautomatic fire capability only. However, testimony was received by the Subcommittee on Crime and Criminal Justice that it is a relatively simple task to convert 24 a semiautomatic weapon to automatic fire 25 and that semiautomatic weapons can be fired at rates of 300 to 500 rounds per minute, making them virtually indistinguishable in practical effect from machineguns. 262318 U.S. Code, section 922(o). 24The Committee notes that such conversion is a Federal felony that carries penalties of up to 10 years imprisonment and a $250,000 fine under 26 U.S.C. 5861. 25Hearing on Semiautomatic Assault Weapons, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, June 12, 1991 (Statement of Dewey R. Stokes, National President, Fraternal order of Police). 26Hearing on Semiautomatic Assault Weapons, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, June 12, 1991 (Statement of Dewey R. Stokes, National President, Fraternal order of police). The 1989 Reports analysis of assault characteristics which distinguish such firearms from sporting guns was further explained by an AFT representative at a 1991 hearing before the Subcommittee on Crime and Criminal Justice: We found that the banned rifles represented a distinctive type of rifle characterized by certain military features which differentiated them from the traditional sporting rifles. These include the ability to accept large capacity detachable magazines, bayonets, folding or telescoping stocks, pistol grips, flash suppressors, bipods, grenade launchers and night sights, and the fact that they are semiautomatic versions of military machineguns. 2727Hearing on Semiautomatic Assault Weapons, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, June 12, 1991 (Statement of Richard Cook, Chief, Firearms Divisions, Bureau of Alcohol, Tobacco and Firearms) at 268. Proponents of these military style semiautomatic assault weapons often dismiss these combat-designed features as merely "cosmetic." The Subcommittee received testimony that, even if these characteristics were merely "cosmetic" in effect, it is precisely those cosmetics that contribute to their usefulness as tools of intimidation by criminals. 2828Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms, Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statements of Hon. Henry Cisneros, Secretary, Department of Housing and Urban Development and John Pitta, National Executive Vice President, Federal Law Enforcement Officers Association); Hearing on Semiautomatic Assault Weapons, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, June 12, 1991 (Statement of Paul J. McNulty, Principal Deputy Director, Office of Policy development, Department of Justice) at 288. However, the expert evidence is that the features that characterize a semiautomatic weapon as an assault weapon are not merely cosmetic, but do serve specific, combat-functional ends. By facilitating the deadly "spray fire" of the weapon or enhancing its portability a useful attribute in combat but one which serves to enhance the ability to conceal the gun in civilian life. 2929Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statements and testimony of John McGaw, Director, Bureau of Alcohol, Tobacco and Firearms, and John Pitta, National Executive Vice President, Federal Law Enforcement Officers Association); Hearing on Semiautomatic Assault Weapons, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, June 12, 1991 (Statement of Richard Cook, Chief, Firearms Division, Bureau of Alcohol, Tobacco and Firearms); U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, "Report and Recommendation of the ATF Working Group on the Importability of Certain Semiautomatic Rifles," July, 1989, p. 6. High-capability magazine, for example, make it possible to fire a large number of rounds without re-loading, then to reload quickly when those rounds are spent. Most of the weapons covered by the proposed legislation come equipped with magazines that hold 30 rounds. Even these magazines, however, can be replaced with magazines that hold 50 or even 100 rounds. Furthermore, expended magazines can be quickly replaced, so that a single person with a single assault weapon can easily fire literally hundreds of rounds within minutes. As noted above, tests demonstrate that semiautomatic guns can be fired at very high rates of fire. In contrast, hunting rifles and shotguns typically have much smaller magazine capabilities from 3 to 5. 3030U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, "Report and Recommendation of the ATF Working Group on the Importability of Certain Semiautomatic Rifles," July, 1989, p. 6. Because of the greater enhanced lethality numbers of rounds that can be fired quickly without reloading H.R. 4296 also contains a ban on ammunition magazines which hold more than 10 rounds, as well as any combination of parts from which such a magazine can be assembled. Barrel shrouds also serve a combat-functional purpose. Gun barrels become very hot when multiple rounds are fired through them quickly. The barrel shroud cools the barrel so that it will not overheat, and provides the shooter with a convenient grip especially suitable for spray-firing. 3131Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statements and testimony of John McGaw, Director, Bureau of Alcohol, Tobacco and Firearms, and John Pitta, National Executive Vice President, Federal Law Enforcement Officers Association); U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, "Report and Recommendation of the ATF Working Group on the Importability of Certain Semiautomatic Rifles," July, 1989, p. 6. Similar military combat purposes are served by flash suppressors (designed to help conceal the point of fire in night combat), bayonet mounts, grenade launchers, and pistol grips engrafted on long guns. 3232Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statements and testimony of John McGaw, Director, Bureau of Alcohol, Tobacco and Firearms, and John Pitta, National Executive Vice President, Federal Law Enforcement Officers Association); U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, "Report and Recommendation of the ATF Working Group on the Importability of Certain Semiautomatic Rifles," July, 1989, p. 6. The net effect of these military combat features is a capability for lethality more wounds, more serious, in more victims far beyond that of other firearms in general, including other semiautomatic guns. 3333Hearing on H.R. 4296 and H.R. 3527, Public Safety and Recreational Firearms Use Protection Act, House of Representatives, Committee on the Judiciary, Subcommittee on Crime and Criminal Justice, April 25, 1994 (Statement and testimony of Dr. David Milzman, Associate Director, Trauma Services, Georgetown University Medical Center, Washington, DC); U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms, "Report and Recommendation of the ATF Working Group on the Importability of Certain Semiautomatic Rifles," July, 1989, p. 6.Brief Explanation of H.R. 4296 H.R. 4296 combines two approaches which have been followed in the past in legislation proposed to control semiautomatic assault weapons the so-called "list" approach and the "characteristics" approach. The bill does not ban any semiautomatic assault weapons nor large capacity ammunition feeding device (or component parts) otherwise lawfully possessed on the date of enactment. However, records must be kept by both the transferor and the transferee involved in any transfer of these weapons, but not of the feeding devices (or combination of parts). The bill explicitly exempts all guns with other than semiautomatic actions i.e., bolt, slide, pump, and lever actions. In addition, it specifically exempts by make and model 661 long guns most commonly used in hunting and recreational sports, making clear that these semiautomatic assault weapons are not and cannot be subject to any ban. 3434See H.R. 4296, Appendix A, for the list. Section 2(z) of the bill lists 19 specific semiautomatic assault weapons such as the AK-47, M-10, TEC-9, Uzi, etc. that are banned. It also defines other assault weapons by specifically enumerating combat style characteristics and bans those semiautomatic assault weapons that have 2 or more of those characteristics. 353635H.R. 4296 bans the following semiautomatic assault weapons by name (as well as any copies or duplicates, in any caliber): All AK-47 type; Beretta AR-70; Colt AR-15; DC9, 22; FNC; FN-FAL/LAR; Galil; MAC 10, MAC 11-type; Steyr AUG; Street Sweeper; Striker 12; TEC-9; Uzi. 36While noting that its list is not all-inclusive, the Bureau of Alcohol, Tobacco, and Firearms has listed the following semi-automatic firearms that would be banned based on their general characteristics: 1. Semi-automatic Rifles: AA Arms AR9 semi-automatic rifle; AMT Lightning 25 rifle; Auto Ordnance Thompson Model 1927 carbines (finned barrel versions); Calico M100 carbine; Colt Sporter Rifle (all variations); Federal XC900 carbine; Federal XC450 carbine; Grendel R31 carbine; Iver Johnson M1 carbine (version w/collapsible stock and bayonet mount); Springfield M1A rifle. 2. Pistols: AA Arms AP9 pistol; Australian Automatic Arms pistol; Auto Ordnance Model 1927A5 pistol; American Arms Spectra pistol; Calico Model M950 pistol; Calico Model 110 pistol; All Claridge Hi-Tec pistol; D Max auto pistol; Grendel P-31 pistol; Heckler & Koch SP89 pistol; Wilkinson Linda pistol. 3. Shotguns: Benelli M1 Super 90 Defense shotgun; Benelli M3 Super 90 shotgun; Franchi LAW 12 shotgun; Franchi SPAS 12 shotgun; USAS 12 shotgun. The bill makes clear that the list of exempted guns is not exclusive. The fact that a gun is not on the exempted list may not be construed to mean that it is banned. Thus, a gun that is not on the list of guns specifically banned by name would only be banned if it met the specific characteristics set out in the characteristics test. No gun may be removed from the exempted list. H.R. 4296 also bans large capacity ammunition feeding devices clips that accept more than 10 rounds of ammunition as well as any combination of parts from which such a device can be assembled. The bill exempts all semiautomatic assault weapons and large capacity ammunition feeding devices (as well as any combination of parts) that are lawfully possessed on date of enactment. Owners of such semiautomatic assault weapons need do nothing under the bill unless they wish to transfer the semiautomatic assault weapon. H.R. 4296 differs significantly from previously-proposed legislation it is designed to be more tightly focused and more carefully crafted to clearly exempt legitimate sporting guns. Most significantly, the ban in the 1991 proposed bill gave the Bureau of Alcohol, Tobacco, and Firearms authority to ban any weapon which "embodies the same configuration" as the named list of guns. The current bill, H.R. 4296 does not contain any such general authority. Instead, it contains a set of specific characteristics that must be present in order to ban any additional semiautomatic assault weapons. 102d Congress The Subcommittee on Crime and Criminal Justice held hearings on semiautomatic assault weapons on June 12 and July 25, 1991. A ban on certain semiautomatic assault weapons was included as Subtitle A of Title XX in H.R. 3371, the Omnibus Crime Control Act of 1991. A ban on large capacity ammunition feeding devices was included in the same bill. The bill was reported out of the Judiciary Committee on October 7, 1991. The provisions dealing with semiautomatic assault weapons and large capacity ammunition feeding devices were struck by the House of Representatives by a vote of 247-177 on October 17, 1991. 103d Congress The Subcommittee on Crime and Criminal Justice held hearings on H.R. 4296 and its predecessor, H.R. 3527, which ban semiautomatic assault weapons, on April 25, 1994. The Subcommittee reported favorably on an amendment in the nature of a substitute to H.R. 4296 on April 26, 1994, by a recorded vote of 8-5. Committee Action The Committee on the Judiciary met on April 28, 1994 to consider H.R. 4296, as amended. Two amendments were adopted during the Committees consideration. An amendment was offered to provide that the absence of a firearm from the list of guns specifically exempted from the ban may not be construed as evidence that the semiautomatic assault weapon is banned, and that no gun may be removed from the exempt list so long as the Act is in effect. This amendment was adopted by voice vote. An amendment was offered to delete a provision that barred from owning any firearms those persons convicted of violating the recordkeeping requirements relating to grandfathered weapons. This amendment was adopted by voice vote. A reporting quorum being present, the Committee on the Judiciary, by a roll call vote of 20 to 15, ordered H.R. 4296, as amended, favorably reported to the House. Section-by-Section Analysis section 1 short title This section provides that the Act may be cited as the "Public Safety and Recreational Firearms Use Protection Act". section 2 restriction on Manufacture, transfer, and possession of certain semiautomatic assault weapons Subsection 2(a) makes it unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon (including any "copies or duplicates.") The ban on transfer and possession does not apply to (1) weapons otherwise lawfully possessed on the date of enactment; (2) any of the firearms (or their replicas or duplicates) listed in Appendix A; (3) any manually operated (bolt, pump, slide, lever action), permanently inoperable, or antique firearms; (4) semiautomatic rifles that cannot accept a detachable magazine that holds more than 5 rounds; or, a semiautomatic shotgun that cannot hold more than 5 rounds in a fixed or detachable magazine. The fact that a gun is not listed in Appendix A may not be construed to mean that it is banned. No gun listed in Appendix A may be removed from that exempted list so long as the Act is in effect. Federal departments and agencies and those of States and their subdivisions are exempted. Law enforcement officers authorized to purchase firearms for official use are exempted, as are such officers presented with covered weapons upon retirement who are not otherwise prohibited from receiving such a weapon. Finally, weapons made, transferred, possessed, or imported for the purposes of testing or experiments authorized by the Secretary of the Treasury are exempted. Subsection 2(b) defines semiautomatic assault weapons, both by name and by characteristics. It lists by name specific firearms, including "copies or duplicates" of such firearms. Characteristics of covered semiautomatic rifles, pistols, and shotguns are defined by separate subsections applicable to each. In the case of rifles and pistols, in addition to being semiautomatic, a gun must be able to accept a detachable magazine and have at least 2 listed characteristics. 3737H.R. 4296 bans the following semiautomatic assault weapons by name (as well as any copies or duplicates, in any caliber): All AK-47 type; Beretta AR-70; Colt AR-15; DC9, 22; FNC; FN-FAL/LAR; Galil; MAC 10, MAC 11-type; Steyr AUG; Street Sweeper; Striker 12; TEC-9; Uzi In the case of rifles, those characteristics are: (1) folding or telescoping stock; (2) a pistol grip that protrudes conspicuously beneath the action of the weapon; (3) a bayonet mount; (4) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and (5) a grenade launcher. In the case of pistols, the characteristics are: (1) a magazine that attaches to the pistol outside of the pistol grip; (2) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer; (3) a barrel shroud that permits the shooter to hold the firearm without being burned; (4) an unloaded manufactured weight of 50 ounces or more; and (5) a semiautomatic version of an automatic firearm. In the case of shotguns, covered weapons must have at least 2 of the following four features: (1) a folding or telescoping stock; (2) a pistol grip that protrudes conspicuously beneath the action of the weapon; (3) a fixed magazine capacity in excess of 5 rounds; and (4) an ability to accept a detachable magazine. The section provides a fine of not more than $5,000, imprisonment for not more than 5 years, or both, for knowingly violating the ban on manufacture, transfer and possession. It also adds use of a semiautomatic assault weapon to the crimes covered by the mandatory minimum of 5 years under 18 USC Section 924(c)(1) for use in a federal crime of violence or drug trafficking crime. Finally, the section requires that semiautomatic assault weapons manufactured after the date of enactment must clearly show the date on which the weapon was manufactured. SECTION 3 RECORDKEEPING REQUIREMENTS FOR TRANSFERS OF GRANDFATHERED FIREARMS This section makes it unlawful to transfer a grandfathered semiautomatic assault weapon unless both the transferor and the transferee complete and retain a copy of federal form 4473 (or its successor). Within 90 days of enactment, the Secretary of the Treasury must issue regulations ensuring the availability of the form to owners of semiautomatic assault weapons. The Committee expects the Secretary to make such forms easily and readily available to such gun owners. The Committee further expects the Secretary to maintain the confidentiality of the requester and to ensure the destruction of any and all information pertaining to any request for such forms immediately upon complying with the request. The Committee does not expect the Secretary to release any such information to any other Department of the Federal, State or local Governments or to use the information in any way other than to comply with the requests for the form. The Committee would consider failure to comply with these expectations a very serious breach. A person who knowingly violates the recordkeeping requirement shall be fined not more than $1,000, imprisoned for not more than 6 months or both. SECTION 4 BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES Subsection 4(a) makes it unlawful for a person to transfer or possess a large capacity ammunition feeding device (which is defined to include any combination of parts from which such a device can be assembled.) The ban on transfer and possession does not apply to (1) devices (or component parts) otherwise lawfully possessed on the date of enactment; (2) Federal departments and agencies and those of States and their subdivisions; (3) law enforcement officers authorized to purchase ammunition feeding devices for official use; devices transferred to such officers upon retirement who are not otherwise prohibited from receiving them; and (3) devices (or combination of parts) made, transferred, possessed, or imported for the purpose of testing or experiments authorized by the Secretary of the Treasury are exempted. Subsection 4(b) defines large capacity ammunition feeding device to mean a magazine, belt, drum, feed strip, or similar device that has a capacity of more than 10 rounds, or can be readily restored or converted to accept more than 10 rounds. It includes any combination of parts from which such a device can be assembled. It exempts an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition. Subsection 4(c) adds large capacity ammunition feeding devices to the definition of "firearm" under 18 US Code section 921(a)(3). Subsection 4(d) provides a fine of not more than $5,000, imprisonment for not more than 5 years, or both, for knowingly violating the ban. Subsection 4(e) requires that large capacity ammunition feeding devices manufactured after the date of enactment be identified by a serial number that clearly shows the device was manufactured after the date or imported after the date of enactment, and such other identification as the Secretary of the Treasury may by regulation prescribe. SECTION 5 STUDY BY ATTORNEY GENERAL This section requries the Attorney General to study and report to the Congress no later than 30 months after its enactment the effects of the Act, particularly with regard to its 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. SECTION 6 EFFECTIVE DATE The Act and the amendment made by the Act take effect on the date of enactment and are repealed effective as of the date that is 10 years after that date. SECTION 7 APPENDIX A TO SECTION 922 OF TITLE 18 This section adds, as Appendix A, a list of firearms that are specifically exempted from the ban on semiautomatic assault weapons. Committee Oversight Findings In compliance with clause 2(l)(3)(A) of rule XI of the Rules of the House of Representatives, the Committee reports that the findings and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. Committee on Government Operations Oversight Findings No findings or recommendations of the Committee on Government Operations were received as referred to in clause 2(l)(3)(D) of rule XI of the Rules of the House of Representatives. New Budget Authority and Tax Expenditures Clause 2(l)(3)(B) of House Rule XI is inapplicable because this legislation does not provide new budgetary authority or increased tax expenditures. Inflationary Impact Statement Pursuant to clause 2(l)(4) of rule XI of the Rules of the House of Representatives, the Committee estimates that H.R. 4296 will have no significant inflationary impact on prices and costs in the national economy. Congressional Budget Office Cost Estimate In compliance with clause 2(l)(3)(C) of rule XI of the Rules of the House of Representatives, the Committee sets forth, with respect to the bill H.R. 4296, the following estimate and comparison prepared by the Director of the Congressional Budget Office under section 403 of the Congressional Budget Act of 1974: U.S. Congress, Congressional Budget Office. Washington, DC, May 2, 1994. Hon. Jack Brooks, Chairman, Committee on the Judiciary, House of Representatives, Washington, DC. Dear Mr. Chairman: The Congressional Budget Office has reviewed H.R. 4296, the Public Safety and Recreational Firearms Use Protection Act, as ordered reported by the House Committee on the Judiciary on April 28, 1994. We estimate that enactment of the bill would result in costs to the federal government over the 1995-1999 period of less than $500,000 from appropriated amounts. In addition, we estimate that enactment of H.R. 4296 would lead to increases in receipts of less than $10 million a year from new criminal fines. Such receipts would be deposited in the Crime Victims Fund and spent in the following year. Because the bill could affect direct spending and receipts, pay-as-you-go procedures would apply. The bill would not affect the budgets of state or local governments. H.R. 4296 would ban the manufacture, transfer, and possession of certain semiautomatic assault weapons not lawfully possessed as of the date of the bills enactment. The bill also would ban the transfer and possession of certain large-capacity ammunition feeding devices not lawfully possessed as of the date of enactment. In addition, H.R. 4296 would establish recordkeeping requirements for transfers of grandfathered weapons and would direct the Attorney General to conduct a study of the bills impact. Finally, the bill would create new federal crimes and associated penalties prison sentences and criminal fines for violation of its provisions. The new recordkeeping requirements and the impact study would increase costs to the Department of the Treasury and the Department of Justice, respectively, but we estimate that these costs would be less than $500,000 over the next several years from appropriated amounts. The imposition of new criminal fines in H.R. 4296 could cause governmental receipts to increase through greater penalty collections. We estimate that any such increase would be less than $10 million annually. Criminal fines would be deposited in the Crime Victims Fund and would be spent in the following year. Thus, direct spending from the fund would match the increase in revenues with a one-year lag. If you wish further details on this estimate, we will be pleased to provide them. Sincerely, Robert D. Reischauer, Director. Changes in Existing Law Made by the Bill, as Reported In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): CHAPTER 44 OF TITLE 18, UNITED STATES CODE * * * * * * *CHAPTER 44 FIREARMS 921. Definitions (a) As used in this chapter (1) * * * * * * * * * * (3) The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. (D) any destructive device; or (E) any large capacity ammunition feeding device. Such term does not include an antique firearm. * * * * * * * (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. (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. 922. Unlawful acts (a) It shall be unlawful * * * * * * * (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. (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). (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. APPENDIX A Centerfire Rifles Autoloaders Browning BAR Mark II Safari Semi-Auto Rifle Browning BAR Mark II Safari Magnum Rifle Browning High-Power Rifle Heckler & Koch Model 300 Rifle Iver Johnson M-1 Carbine Iver Johnson 50th Anniversary M-1 Carbine Marlin Model 9 Camp Carbine Marlin Model 45 Carbine Remington Nylon 66 Auto-Loading Rifle Remington Model 7400 Auto Rifle Remington Model 7400 Rifle Remington Model 7400 Special Purpose Auto Rifle Ruger Mini-14 Autoloading Rifle (w/o folding stock) Ruger Mini Thirty Rifle Centerfire Rifles Lever & Slide Browning Model 81 BLR Lever-Action Rifle Browning Model 81 Long Action BLR Browning Model 1886 Lever-Action Carbine Browning Model 1886 High Grade Carbine Cimarron 1860 Henry Replica Cimarron 1866 Winchester Replicas Cimarron 1873 Short Rifle Cimarron 1873 Sporting Rifle Cimarron 1873 30" Express Rifle Dixie Engraved 1873 Rifle E.M.F. 1866 Yellowboy Lever Actions E.M.F. 1860 Henry Rifle E.M.F. Model 73 Lever-Action Rifle Marlin Model 336CS Lever-Action Carbine Marlin Model 30AS Lever-Action Carbine Marlin Model 444SS Lever-Action Sporter Marlin Model 1894S Lever-Action Carbine Marlin Model 1894CS Carbine Marlin Model 1894CL Classic Marlin Model 1895SS Lever-Action Rifle Mitchell 1858 Henry Replica Mitchell 1866 Winchester Replica Mitchell 1873 Winchester Replica Navy Arms Military Henry Rifle Navy Arms Henry Trapper Navy Arms Iron Frame Henry Navy Arms Henry Carbine Navy Arms 1866 Yellowboy Rifle Navy Arms 1873 Winchester-Style Rifle Navy Arms 1873 Sporting Rifle Remington 7600 Slide Action Remington Model 7600 Special Purpose Slide Action Rossi M92 SRC Saddle-Ring Carbine Rossi M92 SRS Short Carbine Savage 99C Lever-Action Rifle Uberti Henry Rifle Uberti 1866 Sporting Rifle Uberti 1873 Sporting Rifle Winchester Model 94 Side Eject Lever-Action Rifle Winchester Model 94 Trapper Side Eject Winchester Model 94 Big Bore Side Eject Winchester Model 94 Ranger Side Eject Lever-Action Rifle Winchester Model 94 Wrangler Side Eject Centerfire Rifles Bolt Action Alpine Bolt-Action Rifle A-Square Caesar Bolt-Action Rifle A-Square Hannibal Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1733D Mannlicher Rifle Barret Model 90 Bolt-Action Rifle Beeman/HW 60J Bolt-Action Rifle Blaser R84 Bolt-Action Rifle BRNO 537 Sporter Bolt-Action Rifle BRNO ZKB 527 Fox Bolt-Action Rifle BRNO ZKK 600, 601, 602 Bolt-Action Rifles Browning A-Bolt Rifle Browning A-Bolt Stainless Stalker Browning A-Bolt Left Hand Browning A-Bolt Short Action Browning Euro-Bolt Rifle Browning A-Bolt Gold Medallion Browning A-Bolt Micro Medallion Century Centurion 14 Sporter Century Enfield Sporter #4 Century Swedish Sporter #38 Century Mauser 98 Sporter Cooper Model 38 Centerfire Sporter Dakota 22 Sporter Bolt-Action Rifle Dakota 76 Classic Bolt-Action Rifle Dakota 76 Short Action Rifles Dakota 76 Safari Bolt-Action Rifle Dakota 416 Rigby African E.A.A./Sabatti Rover 870 Bolt-Action Rifle Auguste Francotte Bolt-Action Rifles Carl Gustaf 2000 Bolt-Action Rifle Heym Magnum Express Series Rifle Howa Lightning Bolt-Action Rifle Howa Realtree Camo Rifle Interarms Mark X Viscount Bolt-Action Rifle Interarms Mini-Mark X Rifle Interarms Mark X Whitworth Bolt-Action Rifle Interarms Whitworth Express Rifle Iver Johnson Model 5100A1 Long-Range Rifle KDF K15 American Bolt-Action Rifle Krico Model 600 Bolt-Action Rifle Krico Model 700 Bolt-Action Rifles Mauser Model 66 Bolt-Action Rifle Mauser Model 99 Bolt-Action Rifle McMillan Signature Classic Sporter McMillan Signature Super Varminter McMillan Signature Alaskan McMillan Signature Titanium Mountain Rifle McMillan Classic Stainless Sporter McMillan Talon Safari Rifle McMillan Talon Sporter Rifle Midland 1500S Survivor Rifle Navy Arms TU-33/40 Carbine Parker-Hale Model 81 Classic Rifle Parker-Hale Model 81 Classic African Rifle Parker-Hale Model 1000 Rifle Parker-Hale Model 1100M African Magnum Parker-Hale Model 1100 Lightweight Rifle Parker-Hale Model 1200 Super Rifle Parker-Hale Model 1200 Super Clip Rifle Parker-Hale Model 1300C Scout Rifle Parker-Hale Model 2100 Midland Rifle Parker-Hale Model 2700 Lightweight Rifle Parker-Hale Model 2800 Midland Rifle Remington Model Seven Bolt-Action Rifle Remington Model Seven Youth Rifle Remington Model Seven Custom KS Remington Model Seven Custom MS Rifle Remington 700 ADL Bolt-Action Rifle Remington 700 BDL Bolt-Action Rifle Remington 700 BDL Varmint Special Remington 700 BDL European Bolt-Action Rifle Remington 700 Varmint Synthetic Rifle Remington 700 BDL SS Rifle Remington 700 Stainless Synthetic Rifle Remington 700 MTRSS Rifle Remington 700 BDL Left Hand Remington 700 Camo Synthetic Rifle Remington 700 Safari Remington 700 Mountain Rifle Remington 700 Custom KS Mountain Rifle Remington 700 Classic Rifle Ruger M77 Mark II Rifle Ruger M77 Mark II Magnum Rifle Ruger M77RL Ultra Light Ruger M77 Mark II All-Weather Stainless Rifle Ruger M77 RSI International Carbine Ruger M77 Mark II Express Rifle Ruger M77VT Target Rifle Sako Hunter Rifle Sako Fiberclass Sporter Sako Safari Grade Bolt Action Sako Hunter Left-Hand Rifle Sako Classic Bolt Action Sako Hunter LS Rifle Sako Deluxe Lightweight Sako Super Deluxe Sporter Sako Mannlicher-Style Carbine Sako Varmint Heavy Barrel Sako TRG-S Bolt-Action Rifle Sauer 90 Bolt-Action Rifle Savage 110G Bolt-Action Rifle Savage 110CY Youth/Ladies Rifle Savage 110WLE One of One Thousand Limited Edition Rifle Savage 110GXP3 Bolt-Action Rifle Savage 110F Bolt-Action Rifle Savage 110FXP3 Bolt-Action Rifle Savage 110GV Varmint Rifle Savage 112FV Varmint Rifle Savage Model 112FVS Varmint Rifle Savage Model 112BV Heavy Barrel Varmint Rifle Savage 116FSS Bolt-Action Rifle Savage Model 116FSK Kodiak Rifle Savage 110FP Police Rifle Steyr-Mannlicher Sporter Models SL, L, M, S, S/T Steyr-Mannlicher Luxus Model L, M, S Steyr-Mannlicher Model M Professional Rifle Tikka Bolt-Action Rifle Tikka Premium Grade Rifles Tikka Varmint/Continental Rifle Tikka Whitetail/Battue Rifle Ultra Light Arms Model 20 Rifle Ultra Light Arms Model 28, Model 40 Rifles Voere VEC 91 Lightning Bolt-Action Rifle Voere Model 2165 Bolt-Action Rifle Voere Model 2155, 2150 Bolt-Action Rifles Weatherby Mark V Deluxe Bolt-Action Rifle Weatherby Lasermark V Rifle Weatherby Mark V Crown Custom Rifles Weatherby Mark V Sporter Rifle Weatherby Mark V Safari Grade Custom Rifles Weatherby Weathermark Rifle Weatherby Weathermark Alaskan Rifle Weatherby Classicmark No. 1 Rifle Weatherby Weatherguard Alaskan Rifle Weatherby Vanguard VGX Deluxe Rifle Weatherby Vanguard Classic Rifle Weatherby Vanguard Classic No. 1 Rifle Weatherby Vanguard Weatherguard Rifle Wichita Classic Rifle Wichita Varmint Rifle Winchester Model 70 Sporter Winchester Model 70 Sporter WinTuff Winchester Model 70 SM Sporter Winchester Model 70 Stainless Rifle Winchester Model 70 Varmint Winchester Model 70 Synthetic Heavy Varmint Rifle Winchester Model 70 DBM Rifle Winchester Model 70 DBM-S Rifle Winchester Model 70 Featherweight Winchester Model 70 Featherweight WinTuff Winchester Model 70 Featherweight Classic Winchester Model 70 Lightweight Rifle Winchester Ranger Rifle Winchester Model 70 Super Express Magnum Winchester Model 70 Super Grade Winchester Model 70 Custom Sharpshooter Winchester Model 70 Custom Sporting Sharpshooter Rifle Centerfire Rifles Single Shot Armsport 1866 Sharps Rifle, Carbine Brown Model One Single Shot Rifle Browning Model 1885 Single Shot Rifle Dakota Single Shot Rifle Desert Industries G-90 Single Shot Rifle Harrington & Richardson Ultra Varmint Rifle Model 1885 High Wall Rifle Navy Arms Rolling Block Buffalo Rifle Navy Arms #2 Creedmoor Rifle Navy Arms Sharps Cavalry Carbine Navy Arms Sharps Plains Rifle New England Firearms Handi-Rifle Red Willow Armory Ballard No. 5 Pacific Red Willow Armory Ballard No. 1.5 Hunting Rifle Red Willow Armory Ballard No. 8 Union Hill Rifle Red Willow Armory Ballard No. 4.5 Target Rifle Remington-Style Rolling Block Carbine Ruger No. 1B Single Shot Ruger No. 1A Light Sporter Ruger No. 1H Tropical Rifle Ruger No. 1S Medium Sporter Ruger No. 1 RSI International Ruger No. 1V Special Varminter C. Sharps Arms New Model 1874 Old Reliable C. Sharps Arms New Model 1875 Rifle C. Sharps Arms 1875 Classic Sharps C. Sharps Arms New Model 1875 Target & Long Range Shiloh Sharps 1874 Long Range Express Shiloh Sharps 1874 Montana Roughrider Shiloh Sharps 1874 Military Carbine Shiloh Sharps 1874 Business Rifle Shiloh Sharps 1874 Military Rifle Sharps 1874 Old Reliable Thompson/Center Contender Carbine Thompson/Center Stainless Contender Carbine Thompson/Center Contender Carbine Survival System Thompson/Center Contender Carbine Youth Model Thompson/Center TCR 87 Single Shot Rifle Uberti Rolling Block Baby Carbine Drillings, Combination Guns, Double Rifles Baretta Express SSO O/U Double Rifles Baretta Model 455 SxS Express Rifle Chapuis RGExpress Double Rifle Auguste Francotte Sidelock Double Rifles Auguste Francotte Boxlock Double Rifle Heym Model 55B O/U Double Rifle Heym Model 55FW O/U Combo Gun Heym Model 88b Side-by-Side Double Rifle Kodiak Mk. IV Double Rifle Kreighoff Teck O/U Combination Gun Kreighoff Trumpf Drilling Merkel Over/Under Combination Guns Merkel Drillings Merkel Model 160 Side-by-Side Double Rifles Merkel Over/Under Double Rifles Savage 24F O/U Combination Gun Savage 24F-12T Turkey Gun Springfield Inc. M6 Scout Rifle/Shotgun Tikka Model 412s Combination Gun Tikka Model 412S Double Fire A. Zoli Rifle-Shotgun O/U Combo Rimfire Rifles Autoloaders AMT Lightning 25/22 Rifle AMT Lightning Small-Game Hunting Rifle II AMT Magnum Hunter Auto Rifle Anschutz 525 Deluxe Auto Armscor Model 20P Auto Rifle Browning Auto-22 Rifle Browning Auto-22 Grade VI Krico Model 260 Auto Rifle Lakefield Arms Model 64B Auto Rifle Marlin Model 60 Self-Loading Rifle Marlin Model 60ss Self-Loading Rifle Marlin Model 70 HC Auto Marlin Model 990l Self-Loading Rifle Marlin Model 70P Papoose Marlin Model 922 Magnum Self-Loading Rifle Marlin Model 995 Self-Loading Rifle Norinco Model 22 ATD Rifle Remington Model 522 Viper Autoloading Rifle Remington 552BDL Speedmaster Rifle Ruger 10/22 Autoloading Carbine (w/o folding stock) Survival Arms AR-7 Explorer Rifle Texas Remington Revolving Carbine Voere Model 2115 Auto Rifle Rimfire Rifles Lever & Slide Action Browning BL-22 Lever-Action Rifle Marlin 39TDS Carbine Marlin Model 39AS Golden Lever-Action Rifle Remington 572BDL Fieldmaster Pump Rifle Norinco EM-321 Pump Rifle Rossi Model 62 SA Pump Rifle Rossi Model 62 SAC Carbine Winchester Model 9422 Lever-Action Rifle Winchester Model 9422 Magnum Lever-Action Rifle Rimfire Rifles Bolt Actions & Single Shots Anschutz Achiever Bolt-Action Rifle Anschutz 1416D/1516D Classic Rifles Anschutz 1418D/1518D Mannlicher Rifles Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700 FWT Bolt-Action Rifle Anschutz 1700D Graphite Custom Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Armscor Model 14P Bolt-Action Rifle Armscor Model 1500 Rifle BRNO ZKM-452 Deluxe Bolt-Action Rifle BRNO ZKM 452 Deluxe Beeman/HW 60-J-ST Bolt-Action Rifle Browning A-Bolt 22 Bolt-Action Rifle Browning A-Bolt Gold Medallion Cabanas Phaser Rifle Cabanas Master Bolt-Action Rifle Cabanas Espronceda IV Bolt-Action Rifle Cabanas Leyre Bolt-Action Rifle Chipmunk Single Shot Rifle Cooper Arms Model 36S Sporter Rifle Dakota 22 Sporter Bolt-Action Rifle Krico Model 300 Bolt-Action Rifles Lakefield Arms Mark II Bolt-Action Rifle Lakefield Arms Mark I Bolt-Action Rifle Magtech Model MT-22C Bolt-Action Rifle Marlin Model 880 Bolt-Action Rifle Marlin Model 881 Bolt-Action Rifle Marlin Model 882 Bolt-Action Rifle Marlin Model 883 Bolt-Action Rifle Marlin Model 883SS Bolt-Action Rifle Marlin Model 25MN Bolt-Action Rifle Marlin Model 25N Bolt-Action Repeater Marlin Model 15YN "Little Buckaroo" Mauser Model 107 Bolt-Action Rifle Mauser Model 201 Bolt-Action Rifle Navy Arms TU-KKW Training Rifle Navy Arms TU-33/40 Carbine Navy Arms TU-KKW Sniper Trainer Norinco JW-27 Bolt-Action Rifle Norinco JW-15 Bolt-Action Rifle Remington 541-T Remington 40-XR Rimfire Custom Sporter Remington 541-T HB Bolt-Action Rifle Remington 581-S Sportsman Rifle Ruger 77/22 Rimfire Bolt-Action Rifle Ruger K77/22 Varmint Rifle Ultra Light Arms Model 20 RF Bolt-Action Rifle Winchester Model 52B Sporting Rifle Competition Rifles Centerfire & Rimfire Anschutz 64-MS Left Silhouette Anschutz 1808D RT Super Match 54 Target Anschutz 1827B Biathlon Rifle Anschutz 1903D Match Rifle Anschutz 1803D Intermediate Match Anschutz 1911 Match Rifle Anschutz 54.18MS REP Deluxe Silhouette Rifle Anschutz 1913 Super Match Rifle Anschutz 1907 Match Rifle Anschutz 1910 Super Match II Anschutz 54.18MS Silhouette Rifle Anschutz Super Match 54 Target Model 2013 Anschutz Super Match 54 Target Model 2007 Beeman/Feinwerkbau 2600 Target Rifle Cooper Arms Model TRP-1 ISU Standard Rifle E.A.A./Weihrauch HW 60 Target Rifle E.A.A./HW 660 Match Rifle Finnish Lion Standard Target Rifle Krico Model 360 S2 Biathlon Rifle Krico Model 400 Match Rifle Krico Model 360S Biathlon Rifle Krico Model 500 Kricotronic Match Rifle Krico Model 600 Sniper Rifle Krico Model 600 Match Rifle Lakefield Arms Model 90B Target Rifle Lakefield Arms Model 91T Target Rifle Lakefield Arms Model 92S Silhouette Rifle Marlin Model 2000 Target Rifle Mauser Model 86-SR Specialty Rifle McMillan M-86 Sniper Rifle McMillan Combo M-87/M-88 50-Caliber Rifle McMillan 300 Phoenix Long Range Rifle McMillan M-89 Sniper Rifle McMillan National Match Rifle McMillan Long Range Rifle Parker-Hale M-87 Target Rifle Parker-Hale M-85 Sniper Rifle Remington 40-XB Rangemaster Target Centerfire Remington 40-XR KS Rimfire Position Rifle Remington 40-XBBR KS Remington 40-XC KS National Match Course Rifle Sako TRG-21 Bolt-Action Rifle Steyr-Mannlicher Match SPG-UIT Rifle Steyr-Mannlicher SSG P-I Rifle Steyr-Mannlicher SSG P-III Rifle Steyr-Mannlicher SSG P-IV Rifle Tanner Standard UIT Rifle Tanner 50 Meter Free Rifle Tanner 300 Meter Free Rifle Wichita Silhouette Rifle Shotguns Autoloaders American Arms/Franchi Black Magic 48/AL Benelli Super Black Eagle Shotgun Benelli Super Black Eagle Slug Gun Benelli M1 Super 90 Field Auto Shotgun Benelli Montefeltro Super 90 20-Gauge Shotgun Benelli Montefeltro Super 90 Shotgun Benelli M1 Sporting Special Auto Shotgun Benelli Black Eagle Competition Auto Shotgun Beretta A-303 Auto Shotgun Beretta 390 Field Auto Shotgun Beretta 390 Super Trap, Super Skeet Shotguns Beretta Vittoria Auto Shotgun Beretta Model 1201F Auto Shotgun Browning BSA 10 Auto Shotgun Browning Bsa 10 Stalker Auto Shotgun Browning A-500R Auto Shotgun Browning A-500G Auto Shotgun Browning A-500G Sporting Clays Browning Auto-5 Light 12 and 20 Browning Auto-5 Stalker Browning Auto-5 Magnum 20 Browning Auto-5 Magnum 12 Churchill Turkey Automatic Shotgun Cosmi Automatic Shotgun Maverick Model 60 Auto Shotgun Mossberg Model 5500 Shotgun Mossberg Model 9200 Regal Semi-Auto Shotgun Mossberg Model 9200 USST Auto Shotgun Mossberg Model 9200 Camo Shotgun Mossberg Model 6000 Auto Shotgun Remington Model 1100 Shotgun Remington 11-87 Premier Shotgun Remington 11-87 Sporting Clays Remington 11-87 Premier Skeet Remington 11-87 Premier Trap Remington 11-87 Special Purpose Magnum Remington 11-87 SPS-T Camo Auto Shotgun Remington 11-87 Special Purpose Deer Gun Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun Remington 11-87 SPS-Deer Shotgun Remington 11-87 Special Purpose Synthetic Camo Remington SP-10 Magnum-Camo Auto Shotgun Remington SP-10 Magnum Auto Shotgun Remington SP-10 Magnum Turkey Combo Remington 1100 LT-20 Auto Remington 1100 Special Field Remington 1100 20-Gauge Deer Gun Remington 1100 LT-20 Tournament Skeet Winchester Model 1400 Semi-Auto Shotgun Shotguns Slide Actions Browning Model 42 Pump Shotgun Browning BPS Pump Shotgun Browning BPS Stalker Pump Shotgun Browning BPS Pigeon Grade Pump Shotgun Browning BPS Pump Shotgun (Ladies and Youth Model) Browning BPS Game Gun Turkey Special Browning BPS Game Gun Deer Special Ithaca Model 87 Supreme Pump Shotgun Ithaca Model 87 Deerslayer Shotgun Ithaca Deerslayer II Rifled Shotgun Ithaca Model 87 Turkey Gun Ithaca Model 87 Deluxe Pump Shotgun Magtech Model 586-VR Pump Shotgun Maverick Models 88, 91 Pump Shotguns Mossberg Model 500 Sporting Pump Mossberg Model 500 Camo Pump Mossberg Model 500 Muzzleloader Combo Mossberg Model 500 Trophy Slugster Mossberg Turkey Model 500 Pump Mossberg Model 500 Bantam Pump Mossberg Field Grade Model 835 Pump Shotgun Mossberg Model 835 Regal Ulti-Mag Pump Remington 870 Wingmaster Remington 870 Special Purpose Deer Gun Remington 870 SPS-BG-Camo Deer/Turkey Shotgun Remington 870 SPS-Deer Shotgun Remington 870 Marine Magnum Remington 870 TC Trap Remington 870 Special Purpose Synthetic Camo Remington 870 Wingmaster Small Gauges Remington 870 Express Rifle Sighted Deer Gun Remington 879 SPS Special Purpose Magnum Remington 870 SPS-T Camo Pump Shotgun Remington 870 Special Field Remington 870 Express Turkey Remington 870 High Grades Remington 870 Express Remington Model 870 Express Youth Gun Winchester Model 12 Pump Shotgun Winchester Model 42 High Grade Shotgun Winchester Model 1300 Walnut Pump Winchester Model 1300 Slug Hunter Deer Gun Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun Winchester Model 1300 Turkey Gun Winchester Model 1300 Ranger Pump Gun Shotguns Over/Unders American Arms/Franchi Falconet 2000 O/U American Arms Silver I O/U American Arms Silver II Shotgun American Arms Silver Skeet O/U American Arms/Franchi Sporting 2000 O/U American Arms Silver Sporting O/U American Arms Silver Trap O/U American Arms WS/OU 12, TS/OU 12 Shotguns American Arms WT/OU 10 Shotgun Armsport 2700 O/U Goose Gun Armsport 2700 Series O/U Armsport 2900 Tri-Barrel Shotgun Baby Bretton Over/Under Shotgun Beretta Model 686 Ultralight O/U Beretta ASE 90 Competition O/U Shotgun Beretta Over/Under Field Shotguns Beretta Onyx Hunter Sport O/U Shotgun Beretta Model SO5, SO6, SO9 Shotguns Beretta Sporting Clay Shotguns Beretta 687EL Sporting O/U Beretta 682 Super Sporting O/U Beretta Series 682 Competition Over/Unders Browning Citori O/U Shotgun Browning Superlight Citori Over/Under Browning Lightning Sporting Clays Browning Micro Citori Lightning Browning Citori Plus Trap Combo Browning Citori Plus Trap Gun Browning Citori O/U Skeet Models Browning Citori O/U Trap Models Browning Special Sporting Clays Browning Citori GTI Sporting Clays Browning 325 Sporting Clays Centurion Over/Under Shotgun Chapuis Over/Under Shotgun Connecticut Valley Classics Classic Sporter O/U Connecticut Valley Classics Classic Field Waterfowler Charles Daly Field Grade O/U Charles Daly Lux Over/Under E.A.A./Sabatti Sporting Clays Pro-Gold O/U E.A.A/Sabatti Falcon-Mon Over/Under Kassnar Grade I O/U Shotgun Krieghoff K-80 Sporting Clays O/U Krieghoff K-80 Skeet Shotgun Krieghoff K-80 International Skeet Krieghoff K-80 Four-Barrel Skeet Set Krieghoff K-80/RT Shotguns Krieghoff K-80 O/U Trap Shotgun Laurona Silhouette 300 Sporting Clays Laurona Silhouette 300 Trap Laurona Super Model Over/Unders Ljutic LM-6 Deluxe O/U Shotgun Marocchi Conquista Over/Under Shotgun Marocchi Avanza O/U Shotgun Merkel Model 200E O/U Shotgun Merkel Model 200E Skeet, Trap Over/Unders Merkel Model 203E, 303E Over/Under Shotguns Perazzi Mirage Special Sporting O/U Perazzi Mirage Special Four-Gauge Skeet Perazzi Sporting Classic O/U Perazzi MX7 Over/Under Shotguns Perazzi Mirage Special Skeet Over/Under Perazzi MX8/MX8 Special Trap, Skeet Perazzi MX8/20 Over/Under Shotgun Perazzi MX9 Single Over/Under Shotguns Perazzi MX12 Hunting Over/Under Perazzi MX28, MX410 Game O/U Shotguns Perazzi MX20 Hunting Over/Under Piotti Boss Over/Under Shotgun Remington Peerless Over/Under Shotgun Ruger Red Label O/U Shotgun Ruger Sporting Clays O/U Shotgun San Marco 12-Ga. Wildflower Shotgun San Marco Field Special O/U Shotgun San Marco 10-Ga. O/U Shotgun SKB Model 505 Deluxe Over/Under Shotgun SKB Model 685 Over/Under Shotgun SKB Model 885 Over/Under Trap, Skeet, Sporting Clays Stoeger/IGA Condor I O/U Shotgun Stoeger/IGA ERA 2000 Over/Under Shotgun Techni-Mec Model 610 Over/Under Tikka Model 412S Field Grade Over/Under Weatherby Athena Grade IV O/U Shotguns Weatherby Athena Grade V Classic Field O/U Weatherby Orion O/U Shotguns Weatherby II, III Classic Field O/Us Weatherby Orion II Classic Sporting Clays O/U Weatherby Orion II Sporting Clays O/U Winchester Model 1001 O/U Shotgun Winchester Model 1001 Sporting Clays O/U Pietro Zanoletti Model 2000 Field O/U Shotguns Side by Sides American Arms Brittany Shotgun American Arms Gentry Double Shotgun American Arms Derby Side-by-Side American Arms Grulla #2 Double Shotgun American Arms WS/SS 10 American Arms TS/SS 10 Double Shotgun American Arms TS/SS 12 Side-by-Side Arrieta Sidelock Double Shotguns Armsport 1050 Series Double Shotguns Arizaga Model 31 Double Shotgun AYA Boxlock Shotguns AYA Sidelock Double Shotguns Beretta Model 452 Sidelock Shotgun Beretta Side-by-Side Field Shotguns Crucelegui Hermanos Model 150 Double Chapuis Side-by-Side Shotgun E.A.A./Sabatti Saba-Mon Double Shotgun Charles Daly Model Dss Double Ferlib Model F VII Double Shotgun Auguste Francotte Boxlock Shotgun Auguste Francotte Sidelock Shotgun Garbi Model 100 Double Garbi Model 101 Side-by-Side Garbi Model 103A, B Side-by-Side Garbi Model 200 Side-by-Side Bill Hanus Birdgun Doubles Hatfield Uplander Shotgun Merkell Model 8, 47E Side-by-Side Shotguns Merkel Model 47LSC Sporting Clays Double Merkel Model 47S, 147S Side-by-Sides Parker Reproductions Side-by-Side Piotti King No. 1 Side-by-Side Piotti Lunik Side-by-Side Piotti King Extra Side-by-Side Piotti Piuma Side-by-Side Precision Sports Model 600 Series Doubles Rizzini Boxlock Side-by-Side Rizzini Sidelock Side-by-Side Stoeger/IGA Uplander Side-by-Side Shotgun Ugartechea 10-Ga. Magnum Shotgun Shotguns Bolt Actions & Single Shots Armsport Single Barrel Shotgun Browning BT-99 Competition Trap Special Browning BT-99 Plus Trap Gun Browning BT-99 Plus Micro Browning Recoilless Trap Shotgun Browning Micro Recoilless Trap Shotgun Desert Industries Big Twenty Shotgun Harrington & Richardson Topper Model 098 Harrington & Richardson Topper Classic Youth Shotgun Harrington & Richardson N.W.T.F. Turkey Mag Harrington & Richardson Topper Deluxe Model 098 Krieghoff KS-5 Trap Gun Krieghoff KS-5 Special Krieghoff K-80 Single Barrel Trap Gun Ljutic Mono Gun Single Barrel Ljutic LTX Super Deluxe Mono Gun Ljutic Recoilless Space Gun Shotgun Marlin Model 55 Goose Gun Bolt Action New England Firearms Turkey and Goose Gun New England Firearms N.W.T.F. Shotgun New England Firearms Tracker Slug Gun New England Firearms Standard Pardner New England Firearms Survival Gun Perazzi TM1 Special Single Trap Remington 90-T Super Single Shotgun Snake Charmer II Shotgun Stoeger/IGA Reuna Single Barrel Shotgun Thompson/Center TCR 87 Hunter Shotgun. 923. Licensing (a) * * * * * * * * * * (i) Licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the receiver or frame of the weapon, in such manner as the Secretary shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer. 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. 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. 924. Penalties (a)(1) Except as otherwise provided in this subsection, subsection (b), (c), or (f) of this section, or in section 929, whoever (A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter; (B) knowingly violates subsection (a)(4), (a)(6), (f), (k), or (q) of section 922 (r), (v), or (x) of section 922; * * * * * * * (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. * * * * * * * (c)(1) Whoever, during and in relation to any 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 a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime, be sentenced to imprisonment for five years, and if the firearm is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, to imprisonment for ten years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to imprisonment for thirty years. In the case of his second or subsequent conviction under this subsection, such person shall be sentenced to imprisonment for twenty years, and if the firearm is a machinegun, or a destructive device, or is equipped with a firearm silencer or firearm muffler, to life imprisonment without release. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person convicted of a violation of this subsection, nor shall the term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the crime of violence or drug trafficking crime in which the firearm was used or carried. No person sentenced under this subsection shall be eligible for parole during the term of imprisonment imposed herein. * * * * * * * SUPPLEMENTAL VIEWS OF HON. DAN GLICKMAN I supported this bill because it is a narrowly crafted bill focused on specific weapons that have no business being on our streets. It is aimed at rapid fire weapons that have the sole purpose of killing people, and it is aimed at weapons that are more suited for the battlefield than the target range. I believe that violence in our nation is getting out of hand. It is devastating to read that a student killed a student with a semi-automatic weapon. But it is equally devastating to hear of students killing students with anyone. What we really need to focus on is why students are engaging in violence in the first place. For this reason, I think this legislation must be viewed as part of the effort to reduce crime in conjunction with the comprehensive crime bill that increases penalties, calls for tougher sentencing, provides for more jails and police officers, and provides for prevention programs. But we must not abrogate the Second Amendment rights that are provided for in the Constitution. We must be extremely careful that in this legislation and in any legislation in the future, that we are not taking away guns that truly are used for sports, hunting, or self-defense. I dont believe that this bill is the first step in a long road to banning guns. However, some of my constituents have expressed their fear that the Congress is moving slowly toward banning all guns for all people. We must be absolutely clear that this narrowly crafted legislation is not that first step and is not just a precursor to further, broader federal gun control and federal gun bans. Sport shooters and hunters tell me that they dont want assault weapons on the streets and in the hands of gang members any more than anyone else. But what they dont want is for Congress to take the short step to saying that the hunting rifles are being used on the streets, and should be taken away. And then the handguns are being used on the streets and should be taken away. I want to make sure that what we are doing has a purpose that it gets at the weapons that are being used by gang members and others in killing sprees or other random violence. I want to be able to assure the hunters, sport shooters and folks who want to be prepared for self-defense that were not going to turn around and tell these gun owners that their sporting guns are illegal. This is a good bill, but lets tread very carefully before going any further. Finally, because I want to make sure that there is no mistake about which guns are banned and which are exempt, especially guns that will be developed in the future, I offered an amendment during Committee markup that was accepted by the Committee. This amendment clarifies that simply because a gun is not on the list of specifically exempted guns, does not mean that that firearm is banned. A firearm must meet the specific criteria set out in the bill, or be specifically named as a banned gun before it can be banned. In other words, the exempted gun list is not exhaustive. Furthermore, my amendment makes clear that no gun may be taken off the list of specifically exempted guns as long as the act is in effect. In this way, it is absolutely clear that the intent of Congress is that exempted guns remain exempted. DISSENTING VIEWS OF HON. F. JAMES SENSENBRENNER, JR., HON. GEORGE GEKAS, HON. LAMAR S. SMITH, HON. BILL McCOLLUM, HON. HOWARD COBLE, HON. STEVE SCHIFF, AND HON. BOB GOODLATTE We strongly oppose H.R. 4296 which would ban a variety of guns. The primary problem with this bill is that it targets law abiding citizens. If this bill passes, simply possessing a shotgun or rifle could land you in jail. You dont have to shoot anybody. You dont have to threaten anyone, just leaving it in the hall closet is enough to land you in jail. Even if you use the gun for self-defense, you can go to jail. It is already a federal crime for convicted criminals to possess these weapons, or any other gun for that matter. The laws aimed at these criminals should be fully enforced before we start going into the homes of law-abiding citizens and arresting them. Another problem with this legislation is that simple, cosmetic changes to certain guns would turn those guns from being illegal to, all of a sudden being legal. For example, simply by removing a pistol grip, or a bayonet mount from a rifle saves the owner from going to jail, but leaves the guns performance unaffected. Finally, the problem of these guns has been greatly exaggerated. Although semiautomatic weapons are used in the most high profile killings that make it on the nightly news, in fact, more than 99 percent of killers eschew assault rifles and use more prosaic devices. According to statistics from the Justice Department and reports from local law enforcement, five times as many people are kicked or beaten to death than are killed with assault rifles. Passing this legislation is an excuse to avoid the real issues of violent crime, and threatens the rights of law-abiding citizens. Therefore, we oppose H.R. 4296. F. James Sensenbrenner, Jr. George W. Gekas. Lamar Smith. Bill McCollum. Howard Coble. Steve Schiff. Bob Goodlatte. DISSENTING VIEWS OF HON. JACK BROOKS I am strongly opposed to H.R. 4296, the Public Safety and Recreational Firearms Use Protection Act, because it misidentifies the causes of violent crime in the United States; diverts national priorities away from meaningful solutions to the problem of violent crime; punishes honest American gun owners who buy and use firearms for legitimate, lawful purposes such as, but not necessarily limited to, self-defense, target shooting, hunting, and firearms collection; fails to focus the punitive powers of government upon criminals. Most fundamentally, a prohibition on firearms violates the right of individual Americans to keep and bear arms, protected by the Second Amendment to the Constitution of the United States a stark fact of constitutional life that the proponents of H.R. 4296 conveniently overlook in their zeal to abridge the rights of law-abiding citizens. Reasons claimed to justify a prohibition on the firearms that would be affected by H.R. 4296 include the assertion that those particular firearms are used often in the commission of violent crimes. Data on the use of the firearms H.R. 4296 labels as "assault weapons" is not comprehensive, but such data as do exist consistently show that "assault weapons" are involved in a small percentage of violent crimes. Most of the firearms labelled as "assault weapons" in H.R. 4296 are rifles yet rifles are the general category of firearms used least often in the commission of violent crimes. The FBI Uniform Crime Reports, 1992, the most recent comprehensive data available, shows that rifles of any description are used in 3.1 percent of homicides, for example, while knives are used in 14.5 percent, fists and feet are used in 5 percent, and blunt objects are used in another 5 percent. Professor Gary Kleck, of Florida State University, the 1993 recipient of the American Society of Criminologys Hindelang Award, estimates that one-half of 1 percent of violent crimes are committed with "assault weapons." University of Texas criminologist Sheldon Ekland-Olson estimates that one-quarter of rifle-related homicides may involve rifles chambered for military cartridges, which would include not only so-called "assault" type semi-automatic rifles, but non-semiautomatic rifles as well. Since 1980, rifle-related homicides have declined by more than a third. According to the Metropolitan Police of Washington, D.C., the city which has the highest per capita rate of homicides of any major city in the United States, between 1980-1993 there occurred only 4 rifle-related homicides out of a total of more than 4,200 homicides in the period. The last rifle homicide during the period was recorded in 1984. Other data from D.C. police show that rifles are used in about one-tenth of 1 percent of robberies and assaults. The California Department of Justice surveyed law enforcement agencies in the state in 1990, as the states legislature addressed "assault weapon" ban legislation there. The California Department of Justice found that only 3.7 percent of the firearms that are used in homicides and assaults were "assault weapons," defined there to include even more firearms than are defined as "assault weapons" in H.R. 4296. Connecticut State Police report that less than 2 percent of firearms seized by police in the state are "assault weapons"; the Massachusetts State Police report that "assault" type rifles were used in one-half of 1 percent of homicides between 1985-1991. I believe the proponents of H.R. 4296 are in error in claiming that the Bureau of Alcohol, Tobacco and Firearms (BATF) has traced a large number of "assault weapons" to crime. This claim has been effectively contradicted by both the BATF itself and the Congressional Research Services (CRS) report on the BATF firearms tracing system. The BATF has stated that it "does not always know if a firearm being traced has been used in a crime." For instance, sometimes a firearm is traced simply to determine the rightful owner after it is found by a law enforcement officer. Each year, the BATF traces about 50,000 firearms, yet only about 1 percent of these traces relate to "assault weapons" that have been seized by police in the course of investigations of violent crimes. Most "assault weapons" traced relate not to violent crime but to property violations, such as stolen guns being traced so that they may be returned to their lawful owners, violations of the Gun Control Act, and other non-violent circumstances. As noted by BATF and by CRS in its report to Congress entitled "Assault Weapons: Military-Style Semiautomatic Firearms Facts and Issues" (1992) that firearms traces are not intended to "trace guns to crime," that few "assault weapons" traced relative to violent crime investigations, and that available state and local law enforcement agency data shows relatively little use of "assault weapons" are used frequently in violent crimes. "Assault weapons" function in the same manner as any other semi-automatic firearm. They fire once with each pull of the trigger, like most firearms. They use the same ammunition as other firearms, both semi-automatic and not. Therefore, "assault weapons" are useful for target shooting, self-defense, hunting, and other legitimate purposes, just as other firearms are. H.R. 4296 would prohibit rifles that are commonly used for competitive shooting, such as the Springfield N1A and the Colt "AR-15." Accessories found on some models of "assault weapons," such as folding stocks, flash suppressors, pistol grips, bayonet lugs, and detachable magazines may look menacing to persons unfamiliar with firearms, but there is absolutely no evidence that any of these accessories provide any advantage to a criminal. As has been demonstrated on many occasions, firearms which H.R. 4296 specifically exempts from its prohibition, firearms not equipped with those accessories, can be fired at the same rate, with the same accuracy, and with the same power as "assault weapons." Time and again, supporters of H.R. 4296 have claimed that "assault weapons" can be "spray-fired from the hip"; but this is simply not true. The firearms targeted in H.R. 4296 are not machineguns. Machineguns are restricted under the National Firearms Act of 1934. H.R. 4296s guns are semi-automatic, and fire only one shot at a time. H.R. 4296s limitation on the capacity of ammunition feeding devices would do nothing to reduce the number of rounds available to a criminal. It has been demonstrated frequently that such devices can be switched in less than a second, so a criminal determined to have available a number of rounds greater than H.R. 4296 would permit in a single magazine would need only to possess additional smaller magazines. However, police have reportedly consistently that when criminals fire shots, they rarely discharge more than 2-5 rounds, well below the number of rounds H.R. 4296 would permit in a single magazine. Most fundamentally, to impinge upon the constitutionally-protected rights of honest, law-abiding Americans on the basis of myth, misinformation, and newspaper headlines is a crime in and of itself. To protect against such a mockery of our Constitution and the infliction of such harm upon our citizens, I intend to oppose H.R. 4296 vigorously on the House floor in the hope that careful reflection will permit cooler heads and the light of reason to prevail.