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Defendant's Exhibit A Case 4:16-cv-40136-TSH Document 9-1 Filed 11/22/16 Page 1 of 47 Defendant’s Exhibit A Case 4:16-cv-40136-TSH Document 9-1 Filed 11/22/16 Page 2 of 47 103D CONGRESS 1 REPORTR 2d Seeion I HOUSE OF REPRESENTATIVES 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 Pro- tection Act". SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMI. AUTOMATIC ASSAULT WEAPONS. (a) RESTRICTION.-Section 922 of title 18, United States Code, is amended by add- ing 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 semiauto- matic assault weapon otherwise lawfully possessed on the date of the enactment of this subsection. "(3) Paragraph (1) shall not apply to- 79-006 Case 4:16-cv-40136-TSH Document 9-1 Filed 11/22/16 Page 3 of 47 "(A) any of the firearms, or replicas or duplicates of the firearms, specified in Appendix A to this section, as such firearms 1, 1993; were manufactured on October "(B) any firearm that- "(i) is manually operated by bolt, pump, lever or slide action; "(i)has been rendered permanently inoperable; or "(iWl) 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 am- munition in a fixed or detachable magazine. The fact that a firearm is not listed in Appendix A shall not be construed to mean that para ph (1) applies to such firearm. No firearm exempted by this subsection may be dested 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 manufac- turer, licensed imprter, or licensed dealer to an entity referred to in subpara- graph (A) or to a law enforcement officer authorized by such an entity to pur- chase 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) DEFINIION OF Smim TOMA Ic ASSAULT WEAPON.-Section 921(a) of such title is amended by adding at the end the following: "(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 Gall; "(iii) Beretta Ar7O (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 Sweep- er 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 maga- zine 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 sup- pressor, forward handgrip, or silencer; "(ii) 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 un- loaded; 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; Case 4:16-cv-40136-TSH Document 9-1 Filed 11/22/16 Page 4 of 47 "(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 922v).-Section 9 2 4(aXIXB) of such title is amend- ed 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 CRME.-Section 924(cXl) of such title is amended in the first sentence by in- serting ", 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 num- ber of any semiautomatic assault weapon manufactured after the date of the enact- ment of this sentence shall dearly show the date on which the weapon was manu- factured.". SEC. & 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: "(wXl) 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 Sec- retary 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 des- ignated 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 subpara- graph (A), to be completed in connection with the transfer of a semiauto- matic 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 sec- tions 2 and 3 of this Act, is amended by adding at the end the following: "(xXl) 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 capac- ity ammunition feeding device otherwise lawfully possessed on the date of the enact- ment 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 ammuni- tion feeding device by a licensed manufacturer or licensed importer for the pur- poses of testing or experimentation authorized by the Secretary.".
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