1 Union Calendar No. 273 103D CONGRESS 2D SESSION H. R. 4296 [Report No. 103±489] A BILL To make unlawful the transfer or possession of assault weapons. MAY 2, 1994 Reported with an amendment, committed to the Commit- tee of the Whole House on the State of the Union, and ordered to be printed IB Calendar No. 273 103D CONGRESS 2D SESSION H. R. 4296 [Report No. 103±489] To make unlawful the transfer or possession of assault weapons. IN THE HOUSE OF REPRESENTATIVES APRIL 25, 1994 Mr. SCHUMER (for himself, Mr. REYNOLDS, Mr. SYNAR, Mr. ABERCROMBIE, Mr. ANDREWS of Maine, Mr. BECERRA, Mr. BEILENSON, Mr. BERMAN, Mr. BORSKI, Mrs. BYRNE, Mr. CARDIN, Mr. CASTLE, Mrs. CLAYTON, Mr. COPPERSMITH, Ms. DELAURO, Mr. DEUTSCH, Mr. ENGEL, Ms. ENGLISH of Arizona, Ms. ESHOO, Mr. FINGERHUT, Mr. FRANK of Massachusetts, Mr. GUTIERREZ, Ms. HARMAN, Mr. HOAGLAND, Mr. HOCHBRUECKNER, Mr. JOHNSTON of Florida, Mr. KENNEDY, Mr. LEWIS of Georgia, Mrs. LOWEY, Mrs. MALONEY, Mr. MANN, Mr. MANTON, Mr. MARKEY, Mr. MAZZOLI, Mr. MORAN, Mr. NADLER, Mr. OWENS, Ms. PELOSI, Mr. RAN- GEL, Mr. SABO, Ms. SCHENK, Mrs. SCHROEDER, Mr. SERRANO, Ms. SHEPHERD, Ms. SLAUGHTER, Mr. STARK, Mr. STUDDS, Ms. VELAÂZQUEZ, Mr. VENTO, Mr. WAXMAN, Mr. WHEAT, Ms. WOOLSEY, and Mr. YATES) introduced the following bill; which was referred to the Committee on the Judiciary MAY 2, 1994 Additional sponsors: Mr. TUCKER, Mrs. COLLINS of Illinois, Mr. FILNER, Mr. BARRETT of Wisconsin, Mr. ACKERMAN, Mr. REED, Mr. MENENDEZ, Mr. PAYNE of New Jersey, and Mrs. ROUKEMA MAY 2, 1994 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on April 25, 1994] 1 2 A BILL To make unlawful the transfer or possession of assault weapons. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ``Public Safety and Rec- 5 reational Firearms Use Protection Act''. 6 SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND 7 POSSESSION OF CERTAIN SEMIAUTOMATIC 8 ASSAULT WEAPONS. 9 (a) RESTRICTION.ÐSection 922 of title 18, United 10 States Code, is amended by adding at the end the following: 11 ``(v)(1) It shall be unlawful for a person to manufac- 12 ture, transfer, or possess a semiautomatic assault weapon. 13 ``(2) Paragraph (1) shall not apply to the possession 14 or transfer of any semiautomatic assault weapon otherwise 15 lawfully possessed on the date of the enactment of this sub- 16 section. 17 ``(3) Paragraph (1) shall not apply toÐ 18 ``(A) any of the firearms, or replicas or dupli- 19 cates of the firearms, specified in Appendix A to this 20 section, as such firearms were manufactured on Octo- 21 ber 1, 1993; 22 ``(B) any firearm thatÐ •HR 4296 RH 3 1 ``(i) is manually operated by bolt, pump, 2 lever, or slide action; 3 ``(ii) has been rendered permanently inoper- 4 able; or 5 ``(iii) is an antique firearm; 6 ``(C) any semiautomatic rifle that cannot accept 7 a detachable magazine that holds more than 5 rounds 8 of ammunition; or 9 ``(D) any semiautomatic shotgun that cannot 10 hold more than 5 rounds of ammunition in a fixed 11 or detachable magazine. 12 The fact that a firearm is not listed in Appendix A shall 13 not be construed to mean that paragraph (1) applies to such 14 firearm. No firearm exempted by this subsection may be de- 15 leted from Appendix A so long as this Act is in effect. 16 ``(4) Paragraph (1) shall not apply toÐ 17 ``(A) the United States or a department or agen- 18 cy of the United States or a State or a department, 19 agency, or political subdivision of a State; 20 ``(B) the transfer of a semiautomatic assault 21 weapon by a licensed manufacturer, licensed im- 22 porter, or licensed dealer to an entity referred to in 23 subparagraph (A) or to a law enforcement officer au- 24 thorized by such an entity to purchase firearms for 25 official use; •HR 4296 RH 4 1 ``(C) the possession, by an individual who is re- 2 tired from service with a law enforcement agency and 3 is not otherwise prohibited from receiving a firearm, 4 of a semiautomatic assault weapon transferred to the 5 individual by the agency upon such retirement; or 6 ``(D) the manufacture, transfer, or possession of 7 a semiautomatic assault weapon by a licensed manu- 8 facturer or licensed importer for the purposes of test- 9 ing or experimentation authorized by the Secretary.''. 10 (b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAP- 11 ON.ÐSection 921(a) of such title is amended by adding at 12 the end the following: 13 ``(30) The term `semiautomatic assault weapon' 14 meansÐ 15 ``(A) any of the firearms, or copies or duplicates 16 of the firearms, known asÐ 17 ``(i) Norinco, Mitchell, and Poly Tech- 18 nologies Avtomat Kalashnikovs (all models); 19 ``(ii) Action Arms Israeli Military Indus- 20 tries UZI and Galil; 21 ``(iii) Beretta Ar70 (SC±70); 22 ``(iv) Colt AR±15; 23 ``(v) Fabrique National FN/FAL, FN/LAR, 24 and FNC; •HR 4296 RH 5 1 ``(vi) SWD M±10, M±11, M±11/9, and M± 2 12; 3 ``(vii) Steyr AUG; 4 ``(viii) INTRATEC TEC±9, TEC±DC9 and 5 TEC±22; and 6 ``(ix) revolving cylinder shotguns, such as 7 (or similar to) the Street Sweeper and Striker 8 12; 9 ``(B) a semiautomatic rifle that has an ability to 10 accept a detachable magazine and has at least 2 ofÐ 11 ``(i) a folding or telescoping stock; 12 ``(ii) a pistol grip that protrudes conspicu- 13 ously beneath the action of the weapon; 14 ``(iii) a bayonet mount; 15 ``(iv) a flash suppressor or threaded barrel 16 designed to accommodate a flash suppressor; and 17 ``(v) a grenade launcher; 18 ``(C) a semiautomatic pistol that has an ability 19 to accept a detachable magazine and has at least 2 20 ofÐ 21 ``(i) an ammunition magazine that attaches 22 to the pistol outside of the pistol grip; 23 ``(ii) a threaded barrel capable of accepting 24 a barrel extender, flash suppressor, forward 25 handgrip, or silencer; •HR 4296 RH 6 1 ``(iii) a shroud that is attached to, or par- 2 tially or completely encircles, the barrel and that 3 permits the shooter to hold the firearm with the 4 nontrigger hand without being burned; 5 ``(iv) a manufactured weight of 50 ounces or 6 more when the pistol is unloaded; and 7 ``(v) a semiautomatic version of an auto- 8 matic firearm; and 9 ``(D) a semiautomatic shotgun that has at least 10 2 ofÐ 11 ``(i) a folding or telescoping stock; 12 ``(ii) a pistol grip that protrudes conspicu- 13 ously beneath the action of the weapon; 14 ``(iii) a fixed magazine capacity in excess of 15 5 rounds; and 16 ``(iv) an ability to accept a detachable mag- 17 azine.''. 18 (c) PENALTIES.Ð 19 (1) VIOLATION OF SECTION 922(v).ÐSection 20 924(a)(1)(B) of such title is amended by striking ``or 21 (q) of section 922'' and inserting ``(r), or (v) of sec- 22 tion 922''. 23 (2) USE OR POSSESSION DURING CRIME OF VIO- 24 LENCE OR DRUG TRAFFICKING CRIME.ÐSection 25 924(c)(1) of such title is amended in the first sentence •HR 4296 RH 7 1 by inserting ``, or semiautomatic assault weapon,'' 2 after ``short-barreled shotgun,''. 3 (d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC 4 ASSAULT WEAPONS.ÐSection 923(i) of such title is amend- 5 ed by adding at the end the following: ``The serial number 6 of any semiautomatic assault weapon manufactured after 7 the date of the enactment of this sentence shall clearly show 8 the date on which the weapon was manufactured.''. 9 SEC. 3. RECORDKEEPING REQUIREMENTS FOR TRANSFERS 10 OF GRANDFATHERED FIREARMS. 11 (a) OFFENSE.ÐSection 922 of title 18, United States 12 Code, as amended by section 2(a) of this Act, is amended 13 by adding at the end the following: 14 ``(w)(1) It shall be unlawful for a person to sell, ship, 15 or deliver a semiautomatic assault weapon to a person who 16 has not completed a form 4473 in connection with the 17 transfer of the semiautomatic assault weapon. 18 ``(2) It shall be unlawful for a person to receive a semi- 19 automatic assault weapon unless the person has completed 20 a form 4473 in connection with the transfer of the semiauto- 21 matic assault weapon. 22 ``(3) If a person receives a semiautomatic assault 23 weapon from anyone other than a licensed dealer, both the 24 person and the transferor shall retain a copy of the form 25 4473 completed in connection with the transfer. •HR 4296 RH 8 1 ``(4) Within 90 days after the date of the enactment 2 of this subsection, the Secretary shall prescribe regulations 3 ensuring the availability of form 4473 to owners of semi- 4 automatic assault weapons. 5 ``(5) As used in this subsection, the term `form 4473' 6 meansÐ 7 ``(A) the form which, as of the date of the enact- 8 ment of this subsection, is designated by the Secretary 9 as form 4473; or 10 ``(B) any other form whichÐ 11 ``(i) is required by the Secretary, in lieu of 12 the form described in subparagraph (A), to be 13 completed in connection with the transfer of a 14 semiautomatic assault weapon; and 15 ``(ii) when completed, contains, at a mini- 16 mum, the information that, as of the date of the 17 enactment of this subsection, is required to be 18 provided on the form described in subparagraph 19 (A).''.