POLITICS - Here we go again... AWB v.2

[Old Ironsights]

http://thomas.loc.gov/cgi-bin/bdquery/D ... query.html|

H.R.6257
Assault Weapons Ban Reauthorization Act of 2008 (Introduced in House)

SECTION 1. SHORT TITLE.

This Act may be cited as the `Assault Weapons Ban Reauthorization Act of 2008'.

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 after subsection (u) 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 under Federal law 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 subsection is in effect.

`(4) Paragraph (1) shall not apply to--

`(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States (including the United States Armed Forces and, under regulations pursuant to title 50, United States Code, the National Guard and Reserve), or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

`(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or

`(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.'.

(b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON- Section 921(a) of title 18, United States Code, is amended by adding after paragraph (29) the following:

`(30) The term `semiautomatic assault weapon' means--

`(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as--

`(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

`(ii) Action Arms Israeli Military Industries UZI and Galil;

`(iii) Beretta Ar70 (SC-70);

`(iv) Colt AR-15;

`(v) Fabrique National FN/FAL, FN/LAR, and FNC;

`(vi) SWD M-10, M-11, M-11/9, and M-12;

`(vii) Steyr AUG;

`(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; 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 title 18, United States Code, is amended by striking `or (q) of section 922' and inserting `(r), or (v) of section 922'.

(2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME- Section 924(c)(1)(B)(i) of title 18, United States Code, is amended by inserting `or semiautomatic assault weapon,' after `short-barreled shotgun,'.

(d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS- Section 923(i) of title 18, United States Code, is amended by adding at the end the following: `The serial number of any semiautomatic assault weapon manufactured after the date of the enactment of this sentence shall clearly show the date on which the weapon was manufactured.'.

SEC. 3. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) PROHIBITION- Section 922 of title 18, United States Code, as amended by section 2(a), is amended by adding after subsection (v) the following:

`(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

`(2) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.

`(3) This subsection shall not apply to--

`(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States (including the United States Armed Forces and, under regulations pursuant to title 50, United States Code, the National Guard and Reserve), or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

`(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving 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.'.

`(4) If a person charged with violating paragraph (1) asserts that paragraph (1) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of title 18, United States Code, shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).'.

(b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE- Section 921(a) of title 18, United States Code, as amended by section 2(b), is amended by adding after paragraph (30) the following:

`(31) The term `large capacity ammunition feeding device'--

`(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

`(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'.

(c) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, as amended by section 2(c), is amended by striking `or (v)' and inserting `(v), or (w)'.

(d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES- Section 923(i) of title 18, United States Code, as amended by section 2(d), 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 Attorney General may by regulation prescribe.'.

SEC. 4. 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. 5. 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.

[Ysabel Kid]

And exactly what did V1 accomplish the first go around? Absolutely nothing to control crime. It did make law-abiding gun owners jump through ridiculous hoops - which was the whole point.

Filthy rotten communist bast...

[morgan in nm]

One thing it accomplishes is that it makes people afraid to go "sport-shooting" at the range with their toys. Its hard to believe that anybody would seriously try to ban an item based on what it looks like.

[Rimfire McNutjob]

I'm shocked I tell you! Well, not really. I don't understand how this stuff even gets proposed again. This very garbage cost many a Dem's seat back in the 90's. So now that they are about to bolster their numbers they want to take another run at it? They must have pretty short memories or just not really care. Hopefully the upcoming SCOTUS decision will fall in our favor and help with their understanding of "shall not be infringed".

[Andrew]

`(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--

I just want to scream. It is utter nonesense to a very high degree.

Dollar to donuts most all here could put forth a weapon that has but one or none of those charateristics that is as deadly as the day is long. But, that's not the point; the point is control. The whole thing is written up as if just to regulate for regulation sake with no regard for common sense. I know, it's all been said before, but, it just gets under my skin.

[bunklocoempire]

And let us not forget the "malfunctioning" gun precedent, (Olofson case) and what that entails.

Why is it Iraqis have a better chance (through our government) of keeping government or other in check than I do?

Bunkloco

[GANJIRO]

Just wait until this country becomes a "Obamanation" then the real fun starts.

[gundownunder]

Time to go out and buy a couple more "cowboy kalashnikovs ( dunno who called em that first but I love the name )".

You guys think they would try to take your leverguns too?

Still get a kick out of the purdy pallet on th side
sorry

[Ysabel Kid]

Just wait until this country becomes a "Obamanation" then the real fun starts.

If that happends, then, living in SC, I'm hoping we do what some of the bumper stickers say...

"If at first you don't secede, try, try again!"

[Ysabel Kid]

You guys think they would try to take your leverguns too?

Eventually. Their desire is to ban them all, and they are following the old maxim that if you want to boil a frog, you don't drop him in a pot of hot water; you place him in a pot of cold water and slowly turn up the heat. They are nibbling at the edges - attacking certain guns here and there.

Some day when all semi-automatics are long gone they will say "why these evil leverguns can hold multiple rounds and fire very fast and accurately in the hands of a skilled person. They have no legitimate sporting purpose, and are a danger to law enforcement and the children."

And like the sheep most of this country have become, we'll bend over once again and grab our ankles...

[jdad]

IIRC, since I have not lived in the PRC for some years.....

The CA ban states that you cannot pass down a "registered" AW, to an heir, or sell it to anyone in the state. IF/WHEN you want to sell it the great state of CA gives you 2 options:
Send it out of their state or give it to the state to destroy.

DC is probably thinking this way also. You have it now, but it's the government's when you die.

[Old Ironsights]

"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." --C.S. Lewis--

...when you disarm them (your subjects) you offend them by showing that either from cowardliness or lack of faith, you distrust them; and either conclusion will induce them to hate you. Niccolo Machiavelli - "The Prince" ch 20 P2

"The supposed quietude of a good man allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside... Horrid mischief would ensue were one half the world deprived of the use of them..."-- THOMAS PAINE, I Writings of Thomas Paine at 56 (1894)

"Good intentions will always be pleaded for every assumption for authority. It is hardly too strong to say that the Constitution was made to guard the People against the dangers of good intentions. There are men in all ages who MEAN to govern well, but THEY MEAN TO GOVERN. They promise to be good masters, but THEY MEAN TO BE MASTERS. " DANIEL WEBSTER U. S. Senator New York (circa 1850)

"No matter how one approaches the figures, one is forced to the rather startling conclusion that the use of firearms in crime was very much less when there were no controls of any sort and when anyone, convicted criminal or lunatic, could buy any type of firearm without restriction. Half a century of strict controls on pistols has ended, perversely, with a far greater use of this weapon in crime than ever before." --Colin Greenwood, _Firearms Control,_ (Routledge and Keegan, London, 1972,) p. 243

[Jayhawker]

Maybe they are just trying to jump start the economy. Better buy them now while you can!

[J Miller]

I am convinced that there IS a conspiracy in our government to disarm this country in preparation to dissolving it's sovereignty and becoming subject to the "New World Order". I am convinced that both the democrats and the republicans are conjoined in this conspiracy. And I'm convinced I'll see the end of the Sovereign United States of American before the end of my life time.

The AWB ban is nothing more than the removal of military type weapons that us citizens could use to throw off a tyrannical government ... ours.

Joe

[Old Ironsights]

It isn't so much that I fear this will go anywhere in an election year, but what might be more interesting to note, is that it was introduced by a REPUBLICAN.

And, that ALL THREE cosponsors "so far" are REPUBLICANS...and we have had a Republican president for almost 8 years now that has said he would SIGN an AWB extension if it got to his desk. Hmmmmm...........just a thought, isn't McChurian a Republican too?

We KNOW what the Obamanation from Chicago will do.

Once again, this illustrates that we simply fail to see the problem at its roots.

It is NOT about Republican or Democrat. Ron Paul is good, not due to is "Republican" status, but due to his "individualist" philosophy.

It is about Collectivism -vs- Individualism.

Collectivists infest all the spectrum's of our single party, the Globalist-Collectivist party.

Simply put, our Republic was formed based on our foundational philosophy, enshrined in the Declaration of Independence, Constitution and Bill of Rights.

Our Republic through its mandated governance, was formed to secure and protect Individualism, e.g. the rights of the individual.

Collectivism "uses" the "power and force" of government and of the law, to force perceived "equality" and to force special privilege or wealth redistribution for "groups" or "classes".

Individualism ensures that all individuals are equal "under" the law. There is no special class, or special privilege for any group or segment of society.

Collectivists believe in government and the expansion of its power over individuals, never do they believe in or advocate for its limitations, or on the sanctity of individual liberties.

Individual liberty is a danger and an obstacle to the aims of collectivism.

Any person wanting to serve in government should be examined using this measure and the measure of his/her adherence to the Constitution and Bill of Rights.

Party matters not one bit. Collectivists infest all spectrum's of society.

But people won't vote for an Individualist/Constitutionalist because people won't vote for an Individualist/Constitutionalist.

[AJMD429]

1. YES - they want ALL guns.

2. The motive giveaway is the controlling of "military style assault weapons" rather than any other type. It reveals:

a. they DON'T really care about reducing crime - as those are the least often misused classes of weapons, other than perhaps black powder guns.

b. they DO want to eliminate the very type of firearms (and individuals who own them) which WOULD be most useful if a citizenry needed to enforce the Second Amendment.

c. the risk of social instability inherent in destabilizing the balance of power the Second Amendment was designed to maintain is greatest if the most efficacious "militia" firearms are eliminated.

Thus - the gun control advocates do not mind INCREASING crime, and DECREASING social stability, if it facilitates their goal of creating a police state.

90% of them may be naive television addicts or idealistic but stupid socialists who would follow any Hitler wannabe and think it was for a good cause, but the other 10% are as evil as you can get.

3. Why start off with a ridiculously all-encompassing laundry list of guns to ban?

Simple, because 90% of American gun owners are ALSO stupid, and they will urge the NRA co "compromise" and be "reasonable" so ONLY half the list will get banned. The problem is it creates a prescedent, and it also bans 1/2 our guns. Next time they get half of the rest, so 75% are banned, then 87.5%, etc. The last ones to be banned will be single barrel shotguns and revolvers, NOT because they are rarely used in crimes, but because they aren't very effective as "militia" firearms in this day and age.

Supposedly 200 million Americans don't own guns - blame them for lack of initiative and lack of common sense if you want. Educate them (take them shooting) if you can - most of THEM will at least hear you out if you do it right.

Supposedly 80 million Americans own guns, and maybe 100 per state are REALLY SERIOUSLY ACTIVE about being pro-gun; I can't even count myself in that number the past few years, although I'd have easily been in that group a few years ago.

That leaves about 79,995,000 gun owners who are apathetic and not really lifting a finger to stop the best nation in the world's history from going down the tubes.

THAT'S the crowd we should be kicking in the pants! THEY KNOW BETTER! Lots of them give dramatic gun-shop lip-service of the 'pry my gun from my cold dead fingers' type, and that's fine, but that's like bragging that you've got good fire insurance when the fire is just started and you're there with a fire extinguisher in your hands. Why fail to use the proper, non-violent, politically and economically coercive methods we have to maintain and restore freedom, only to turn things over to the 'pry my gun' crowd for some sort of bloody showdown? It makes for good movies and fantasy, but we're in the real world, trying to raise our real children and grandchildren, and wouldn't it be nice for them to live in a free nation?

It would be nice if the NRA and our fellow gun owners would quit the "reasonable compromise" thing and stand firm on principle. (Of course the same could be said for the Republican Party...)

Where are the Ron's when we need them (Reagan and Paul) ... oh that's right, the one who is still alive wasn't deemed "electable" by the New York Times, and those of us in flyover country believed it. As far as Reagan, I think I heard a soft sobbing coming from heavenward last time I had a quiet moment. Or maybe it was Jefferson, or Washington, or Henry, or one of the many thousands of veterans who've laid their LIVES down so we could have the freedom we're squandering on socialist schools, socialist health care, socialist family welfare, socialist corporate welfare, and so on...

How many of these can you use in one post...?

[Ysabel Kid]

AJMD429 -

Spot on analysis, as always. I get irritated at the person who doesn't own a gun and has never shot one supporting gun control, but at least they do it out of ignorance. I get extremely hostile over fellow gun owners who aren't involved in supporting our freedoms, or who will throw their brothers under the bus as long as Big Brother isn't attacking their narrow aspect of firearms...

[Andrew]

...I get extremely hostile over fellow gun owners....who will throw their brothers under the bus as long as Big Brother isn't attacking their narrow aspect of firearms...

To my knowledge I have never met one of those and I hope I have time to explain it(reality) to them if I ever do.

[Old Ironsights]

...I get extremely hostile over fellow gun owners....who will throw their brothers under the bus as long as Big Brother isn't attacking their narrow aspect of firearms...

To my knowledge I have never met one of those and I hope I have time to explain it(reality) to them if I ever do.

Start lutking on your local "hunting" forums. You will find plenty.

[Basswrangler]

`(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;

With so many violent crimes being committed with bayonets and grenade launchers, it's about time something was done! Not to mention rifles with flash suppressors, since they make it totally impossible to see where a shooter is at night. And don't forget about those evil pistol grips and folding stocks, since they make it possible to shoot from the hip, just like Rambo does.



Well the truth is that yes, many of the weapons labeled "assault weapons" were designed to kill people more efficiently. But let me back that statement by saying that the Second Ammendment isn't about deer rifles and duck guns. It was inicluded in the Bill of Rights to be the only right that forcefully guarantees all others. Life, liberty and the pursuit of happiness are all protected by Ammendment 2 from both government and private threats. The politically uncorrect truth about the Second Ammendment is that it protects firearms for defensive and offensive purposes.

The founding fathers saw this stuff coming when they wrote the Second Ammendment, and that's why they included it in the Bill of Rights!

[Old Ironsights]

[Old Ironsights]

They can ban the sale, but they can never prevent the manufacture of ""Assault Weapons"...



No power tools required...

Oh, and if you want to (legally) build a dead silent muzzle-loading smoothbore "tradegun"... Read and modify this to taste... (ignore the "arrows" bit...

[stevie_d_64]

You folks need to go look at the specific appendix in this bill that lists the "guns" that are banned...

I saw lots of Marlins and other lever type rifles in there...Lots of conventional "hunting" brands and models in there the other day...

And some thought they wouldn't dare...

[FWiedner]

I'm shocked I tell you! Well, not really. I don't understand how this stuff even gets proposed again. This very garbage cost many a Dem's seat back in the 90's. So now that they are about to bolster their numbers they want to take another run at it? They must have pretty short memories or just not really care. Hopefully the upcoming SCOTUS decision will fall in our favor and help with their understanding of "shall not be infringed".

This resolution is being sposored by the Republicans.

[donw]

can you imagine millions of irate gun owners storming sacramento or washington? that would get their attention...

[greasy dan]

I think I read... someone asked "why do they keep doing this ?" ... or something similar. My answer... because THEY can. A Lawyer once advised me that my former wife could sue ME for child custody as many times as she wished... only She will eventually run out of MONEY. These guys in Congress will NEVER run out of MONEY, cause THEY are using Our Money against us... a seemingly endless supply.

[donw]

dang...this is so irritating it defies description!

i believe the people can rely on congress and state legislatures as far as they can throw them!

one thing i've learned over the years is NOT to rely on congress to do what's right!

we need to get rid of EVERY sitting senator and congressman state and U.S. level!

[O.S.O.K.]