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HR 6257 -- "Assault Weapons Ban Reauthorization Act of 2008"

Old 06-19-08, 11:05 PM
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HR 6257 -- "Assault Weapons Ban Reauthorization Act of 2008"



HR 6257 IH

110th CONGRESS

2d Session

H. R. 6257

To reinstate the Public Safety and Recreational Firearms Use Protection Act.

IN THE HOUSE OF REPRESENTATIVES

June 12, 2008

Mr. KIRK (for himself, Mr. CASTLE, Mr. FERGUSON, and Mr. SHAYS) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To reinstate the Public Safety and Recreational Firearms Use Protection Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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.

SEC. 6. 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:

(see website for Appendix A)
Bill Text

Sponsor:
Rep Kirk, Mark Steven (IL)

Co-Sponsors:
Rep Castle, Michael N. (DE)
Rep Ferguson, Mike (NJ)
Rep Shays, Christopher (CT)

ALL REPUBLICANS Stupid fuckin' assclowns

Good thing the gummy-mint just stimulated me Time to start stocking up!
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Old 06-20-08, 07:41 AM
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what is the big deal about owning an assault weapon if your local laws allow it?
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Old 06-20-08, 08:14 AM
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Originally Posted by MartinBlank



Bill Text

Sponsor:
Rep Kirk, Mark Steven (IL)

Co-Sponsors:
Rep Castle, Michael N. (DE)
Rep Ferguson, Mike (NJ)
Rep Shays, Christopher (CT)

ALL REPUBLICANS Stupid fuckin' assclowns

Good thing the gummy-mint just stimulated me Time to start stocking up!
So...You are for this?
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Old 06-20-08, 08:24 AM
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Hopefully they'll lift the ban on M1A1 tanks. I wouldn't mind having one of those.
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Old 06-20-08, 08:35 AM
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Originally Posted by VinVega
Hopefully they'll lift the ban on M1A1 tanks. I wouldn't mind having one of those.
I'm more interested in this restriction:
- Similarly though just posting an article and link, particularly as the first post in a thread, w/o any additional commentary to continue the dialog is discouraged. If it's good enough to post it's worth commenting on as well.
Unless you consider profanity and smilies to be "commentary".
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Old 06-20-08, 08:41 AM
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Originally Posted by wendersfan
Unless you consider profanity and smilies to be "commentary".
That is half the posts these days.
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Old 06-20-08, 08:42 AM
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Originally Posted by orangecrush18
That is half the posts these days.
I was really hoping for some snarky comment about how charts, graphs, and tables aren't 'commentary" either.



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Old 06-20-08, 11:15 AM
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I've always asked myself this:

Why would anyone WANT/ NEED an assault rifle.

As with everything, the fact that you can doesn't necessarily mean that you should.
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Old 06-20-08, 11:25 AM
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Originally Posted by I.Flores
I've always asked myself this:

Why would anyone WANT/ NEED an assault rifle.

As with everything, the fact that you can doesn't necessarily mean that you should.
I don't have a gun or really want one. But, I do think that the government restricts our rights to serve their own purposes and not our interests. I see the 2nd amendment as just as important as the first.
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Old 06-20-08, 11:29 AM
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Originally Posted by I.Flores
I've always asked myself this:

Why would anyone WANT/ NEED an assault rifle.

As with everything, the fact that you can doesn't necessarily mean that you should.
An argument can be made that there's a legitimate collectability factor. A weapon like the AK-47 is a part of history, so why wouldn't an amateur military historian want one?
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Old 06-20-08, 11:33 AM
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Originally Posted by I.Flores
I've always asked myself this:

Why would anyone WANT/ NEED an assault rifle.

As with everything, the fact that you can doesn't necessarily mean that you should.
I dont see why anyone would WANT/NEED to smoke, drink alcohol or ride a motorcycle and they're not even mentioned in the constitution
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Old 06-20-08, 11:42 AM
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According to Wikipedia, the G-36 is an assault rifle. Should private citizens be able to own one? I think not.
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Old 06-20-08, 11:48 AM
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I can understand not having fully automatic weapons but why is the above mentioned weapon any more dangerous than a shotgun or high powered rifle?
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Old 06-20-08, 11:50 AM
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Oh, wait. Assault weapon and assault rifle are two different things, right?
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Old 06-20-08, 11:50 AM
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what REALLY is an assault rifle:

<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/YjM9fcEzSJ0&hl=en"></param><embed src="http://www.youtube.com/v/YjM9fcEzSJ0&hl=en" type="application/x-shockwave-flash" width="425" height="344"></embed></object>
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Old 06-20-08, 11:55 AM
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That video is what I was getting at. I think a lot of people judge a gun by how scary it looks not how it works.
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Old 06-20-08, 12:11 PM
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Originally Posted by wendersfan
I'm more interested in this restriction:Unless you consider profanity and smilies to be "commentary".
Sorry I didn't include a graph or chart.

I'm sick and tired of people having no problem with the deterioration of the 2nd Amendment..."I just don't see the need!" I'm sorry that you (people who "don't see") don't seem to understand the purpose of that amendment, some of us do.

The main reason I want us to end the war in Iraq...the price of ammo, 5.56 and 7.62, will go down
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Old 06-20-08, 12:17 PM
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Originally Posted by orangecrush18
That is half the posts these days.
What the fuck are you fucking talking about? Fuck!
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Old 06-20-08, 12:24 PM
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Originally Posted by Tracer Bullet
What the fuck are you fucking talking about? Fuck!
I actually meant my posts
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Old 06-20-08, 12:25 PM
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My problem with the previous assault weapons ban is that it gives the Sec. Of State the power to determine what an assault weapon is.


Remember Lloyd Bentsen?

Correction: Sec. of Treasury

I've been working too hard this morning.

Last edited by classicman2; 06-20-08 at 12:27 PM.
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Old 06-20-08, 12:27 PM
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Originally Posted by classicman2
My problem with the previous assault weapons ban is that it gives the Sec. Of State the power to determine what an assault weapon is.


Remember Lloyd Bentsen?


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Old 06-20-08, 12:29 PM
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See correction:

Lloyd Bentsen was Treasury Secretary.
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Old 06-20-08, 02:28 PM
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Originally Posted by orangecrush18
So...You are for this?
Nope. I think it's a bunch of bullshit. I'm super disappointed to hear that the sponsors are all "republicans"...but they're all from the east coast and Ill....but what do I know, I'm just a bitter-clinger from a red-state

Start buying your hi-caps now...they're gonna end up going up 400% AGAIN.

Originally Posted by I.Flores
I've always asked myself this:

Why would anyone WANT/ NEED an assault rifle.

As with everything, the fact that you can doesn't necessarily mean that you should.
I know, right? I've always asked myself the same question...

Why would anyone WANT/NEED an abortion?
OR
Why would anyone WANT/NEED pornography?

As with everything, the fact that you can doesn't necessarily mean that you should.

---------------------------------------------------------------------------

If you understood the actual intent of the 2nd Amendment you wouldn't even ask the question.
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Old 06-20-08, 03:46 PM
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Does the second amendment specify what types of guns you can use?
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Old 06-20-08, 03:52 PM
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Originally Posted by Ranger
Does the second amendment specify what types of guns you can use?
looks like we'll find out before the end of the month
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