is the Federal assault weapon ban dead and gone forever?

[bossy22]

I propse this question after day dreaming in class today about the maintstreaming of "assault weapons". 15 years ago, the federal ban on "assault weapons" was passed and signed into law. At that time, AR-15's were the oddball/misunderstood rifle. They only made up a minority of rifle sales and there were only about 3 companies making them. Today, they are mainstream rifles- accepted into the firearms community. Instead of 3 companies making them there are about 8 now. Isntead of being the minority of rifle sales they are the majority.

with that in mind do you think we will really see another federal assault weapons ban?

[jody]

1. NO, not as long as Kennedy, Feinstein, Schumer, Hillary, and Obama are in office. Remember the Dem

platform says "We will protect Americans' Second Amendment right to own firearms, and we will keep guns out of the hands of criminals and terrorists by fighting gun crime, reauthorizing the assault weapons ban, and closing the gun show loophole, as President Bush proposed and failed to do."

See http://www.democrats.org/pdfs/2004platform.pdf

ON EDIT ADD;

Still active is H.R. 1022 "To reauthorize the assault weapons ban, and for other purposes."

Also S.2237 "Subtitle B--Assault Weapons Ban Renewal Act of 2007"

[bossy22]

10. both are going no where

[jody]

11. I agree re "going no where" but I wish people would stop giving the NRA an opening to accuse we Dems

of being gun-grabbers.

[MercutioATC]

2. Hopefully, it's dead.

It was never based on anything more than emotion and ignorance, anyway.

[jmg257]

3. Maybe. When there are enough anti-gunners in power, we the people will suffer.

AW bills are proposed every year, and usually 30 or so reps sign on..

Things have been going our way lately, in Congress and in the courts. The Congress has already passed law verifying the 2nd; but despite the law of the Land and their oath to support it, the legislative attempts to restrict our rights continue.

Hopefully we WON'T see it, but I don't bet on it.

[johnbraun]

4. If we Dems do not bury our anti-gun past, there will be one if there is a Dem Congress and President

...followed shortly by ANOTHER backlash worse than the one that booted us from power in 2000.

An AWB passed by Dems and signed by a Dem will result in another 10-12 years of Republican (cough) leadership, if not the outright death of the Dem party.

[virginia mountainman]

6. uhhhh...hold on...

...followed shortly by ANOTHER backlash worse than the one that booted us from power in 2000.

I think you meant 1994. :hippie:

[johnbraun]

7. 1994 was it passing and it lost us Congress. 2000 was the rest of the backlash.

[L1A1Rocker]

5. As long as it remains a plank in the Democrat platform

It is a problem and we cannot let up.

[bossy22]

9. i dont think dean will let it happen

i dont know why even some pro-gun democrats gravitate towards assault weapon bans like zombies.

when will politicians realize it is only a weapon of choice because its what is known to people. When most people walk into a gun store (those who have never handled a gun), the only guns they recognize are AK-47 look alikes and AR-15 (M16 look alikes)

What VT and NIU shows us is that lethality is not contingent much on what you use, but how you use it. Guns can be lethal if misused and so can cars. IT doesnt matter what their intended purpose was

[NaturalHigh]

8. I hope so.

[benEzra]

12. At least 33 companies make AR-15's for the U.S. civilian market.

They only made up a minority of rifle sales and there were only about 3 companies making them. Today, they are mainstream rifles- accepted into the firearms community. Instead of 3 companies making them there are about 8 now. Isntead of being the minority of rifle sales they are the majority.

with that in mind do you think we will really see another federal assault weapons ban?

Far more than 8; at least 33 companies make AR-15's for the U.S. civilian market, if I count correctly. Here is a quick list of manufacturers who make civilian AR-15's, pulled from the BATFE website. This list includes only the ones I was personally able to verify make/sell AR's, i.e. by finding their website and looking at their catalog; there may be more. Some are mass-market (Remington, Bushmaster, Rock River, DPMS, etc.) and some make only small numbers of very expensive, high-end AR's (Wilson, Les Baer, Barrett, McMillan).

Remington Arms Co Inc, NY (yes, the Remington)
DPMS Inc, MN
Bushmaster Firearms International LLC, ME
Stag Arms LLC, CT
Rock River Arms Inc, IL (my dream rifle is a RRA LAR-15 Elite CAR A4)
Armalite Inc, IL
Kimber Mfg Inc, NY
Colt Defense LLC, CT
Olympic Arms Inc, WA
Vulcan Arms Inc, MN
Smith & Wesson Corp, MA (yes, the Smith & Wesson)
Aero Precision Inc, WA
Barrett Firearms Mfg Inc, TN (better known for their large-caliber precision rifles, but they make AR's too, and were among the first on the market with a 6.8mm upper)
Double Star Corp, KY
D C Industries Inc, MN
Superior Arms, Inc, IA
Lauer, Steven Michael, WI
CMMG Inc, MO
Ameetec Arms Llc, AZ
DS Arms Inc, IL
Sabre Defence Industries Llc, TN
High Standard Manufacturing Co Inc, TX
Cobb Manufacturing Inc, GA
Cavalry Arms Corp, AZ
Wilsons Gun Shop Inc, AR
Lewis Machine & Tool Co, IL
Lawton Machine LLC, MT
Spike's Tactical LLC, FL
McMillan Bros Rifle Co Inc, AZ
Wilson Tactical LLC, AR
SNS Industries Inc, WA
JP Enterprises Inc, MN
LWRC, VA

Yes, AR's are mainstream; they are not only the most popular centerfire target rifle in America, but they are the most popular defensive carbine as well, and .223 Remington (most common AR caliber) is the leading rifle caliber in the U.S. in terms of annual sales. BTW, the AR-15 platform is collectively probably the single most popular centerfire rifle in America in terms of annual sales, but no single rifle model constitutes a majority of sales (the market is too broad). The AR-15 is only one of many "black rifle" models out there, and of course hunting rifles and precision rifles are popular as well.

Having said that, the MSM is still as clueless as ever about the popularity of small-caliber rifles (most editors seem to still be stuck in a "gun owner = hunter" paradigm) and vastly overestimate their misuse, so they'll probably continue to push for bans for a while. But considering the backlash against the 1994 Feinstein law that didn't even ban any guns, and given the sharp increase in AR popularity since 1993 or so, I think any serious attempts at a new ban would be politically suicidal a la 1994, and I am hopeful that party strategists realize that this time.




----------------------
Thoughts on Gun Ownership

Dems and the Gun Issue - Now What? (written in '04, largely vindicated in '06, IMO)

The Conservative Roots of U.S. Gun Control

[bossy22]

13. My friend has the

RRA Predator Pursuit AR-15....shot a 1/4 inch grouping at 100 yards. the guy next to us had a Sako .223 (about 800 dollars more than the rock river) and he said he had never shot a grouping anywhere close to what the RRA was capable of. He shot the AR-15 and shot a 1/2 group on the first 4 shots. He was amazed that something that accurate was only a thousand dollars. He said those 4 shots made him want to trade in his sako bolt action for a RRA AR-15.

whoever says these rifles arent good at competitive shooting is delusional. I think an AR-15 can compete with the best .223 rifles in the industry

[benEzra]

19. Absolutely.

At the 2002 U.S. National Championships at Camp Perry, Ohio, Sean McKenna shot a 200 (perfect)/12x at 600 yards with a brand new, out-of-the-box Rock River National Match model that he had never fired before that day, placing him like 17th place out of 1,300 shooters.

From someone was there:

http://www.gunandgame.com/forums/general-rifle/43682-new-vs-used-223-cal.html

To offer a little confidence in the equipment, in 2002 I was at the US National Championships hosted at Camp Perry, Ohio. A skinny red haired guy from Colorado named Sean McKenna was shooting that year. Sean was sponsored by Rock River during this time. On a whim he picked up a brand new, never fired or zero'd National Match AR-15 from off the shelf at the display on "Commercial Row."

He then went out and shot a clean score of 200 points with 12X's with this same rifle.

At 600 yards.

This is without a scope, a bipod or any sand bags or machine rests. You support the rifle with two hands and one shoulder while laying prone...

To put things in perspective a little:

The "X" ring is 6" in diameter and the ten ring is 12". Iron sights, no scopes. . .

Watched him do it myself. What's cool is that this isn't a fluke. AR's, when properly built, are very VERY accurate guns. Surprisingly accurate to be honest.

RRA guarantees at least 1 arcminute precision (~1 inch groups at 100 yards) for their carbines using match ammunition, and 1/2 arcminute for some models. Some will do better than that.

[WWFZD]

14. Thanks for the list Ben

Illinois and Wisconsin (I think) with no CCW are represented. And what do we have in Ohio?
Hi-Point :(

[L1A1Rocker]

15. Hi-Point

LOL HaHaHa.

Sorry. . . .:(

[SecularNATION]

16. Ban or No Ban, as long as Democrats push the idea..

..it will damage our chances. As long as it's in the platform, as long as Democrat Congress members reintroduce it, and, as long as major Democratic Presidential Candidates(e.g. John Edwards) make statements, in nationally televised debates, such as, "I will do everything in my power as President to reinstate the Assault Weapons Ban", voters who would otherwise vote Democrat, won't.

[Boomer 50]

17. Won't happen anytime soon

The ban was a failure and brought out the gun owners is hard numbers. Both sides know it and after the ban expired and no blood was running through the streets as the anti's kept harping about, no one in their right mind wants to go down that road again.

If we want to help the Republicans win the White House and Congress this year, then by all means, pass another gun ban of any kind and watch the back lash.

[Jack_DeLeon]

18. I would hope so...

but I fear it could come back.

[aikoaiko]

20. Is HR 1022 still in Bill limbo?

I believe it is listed as "introduced". :shrug:

Introduction

From Congresspedia:
The Assault Weapons Ban and Law Enforcement Protection Act of 2007 (H.R.1022) is a gun control bill introduced in the House on February 13, 2007 by Rep. Carolyn McCarthy (D-N.Y.). The bill was referred to the House Committee on the Judiciary, and then to the Subcommittee on Crime, Terrorism, and Homeland Security on March 19, 2007. While there were no cosponsors originally, the bill gained 34 co-sponsors by March 22, 2007. An additional seven cosponsors signed on after the April 16, 2007 Virginia Tech Massacre.Thomas list of bill cosponsors ...

Bill Status
Sponsor:
Rep. Carolyn McCarthy hide cosponsors
Cosponsors
Rep. Neil Abercrombie
Rep. Gary Ackerman
Rep. Howard Berman
Rep. Earl Blumenauer
Rep. Lois Capps
Rep. Yvette Clarke
Rep. William Clay
Rep. Joseph Crowley
Rep. Diana DeGette
Rep. William Delahunt
Rep. Rahm Emanuel
Rep. Anna Eshoo
Rep. Sam Farr
Rep. Chaka Fattah
Rep. Bob Filner
Rep. Barney Frank
Rep. Raul Grijalva
Rep. Jane Harman
Rep. Alcee Hastings
Rep. Mazie Hirono
Rep. Rush Holt
Rep. Michael Honda
Rep. Sheila Jackson-Lee
Rep. Henry Johnson
Rep. Patrick Kennedy
Rep. Dennis Kucinich
Rep. James Langevin
Rep. Barbara Lee
Rep. Zoe Lofgren
Rep. Nita Lowey
Rep. Carolyn Maloney
Rep. Edward Markey
Rep. Betty McCollum
Rep. James McGovern
Rep. Martin Meehan
Rep. Bradley Miller
Rep. James Moran
Rep. Jerrold Nadler
Del. Eleanor Norton
Rep. John Olver
Rep. William Pascrell
Rep. Edward Pastor
Rep. Steven Rothman
Rep. Janice Schakowsky
Rep. Adam Schiff
Rep. Brad Sherman
Rep. Albio Sires
Rep. Louise Slaughter
Rep. Hilda Solis
Rep. Ellen Tauscher
Rep. John Tierney
Rep. Niki Tsongas
Rep. Christopher Van Hollen
Rep. Debbie Wasserman Schultz
Rep. Diane Watson
Rep. Melvin Watt
Rep. Henry Waxman
Rep. Robert Wexler
Rep. Lynn Woolsey
Rep. Albert Wynn

HR 1022 IH

110th CONGRESS

1st Session

H. R. 1022

To reauthorize the assault weapons ban, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 13, 2007

Mrs. MCCARTHY of New York introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To reauthorize the assault weapons ban, and for other purposes.

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 and Law Enforcement Protection Act of 2007'.

SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) Reinstatement of Provisions Wholly Repealed- Paragraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18, United States Code, as in effect just before the repeal made by section 110105(2) of the Violent Crime Control and Law Enforcement Act of 1994, are hereby enacted into law.

(b) Reinstatement of Provisions Partially Repealed- Section 924 of title 18, United States Code, is amended--

(1) in subsection (a)(1), by striking subparagraph (B) and inserting the following:

`(B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922;'; and

(2) in subsection (c)(1)(B), by striking clause (i) and inserting the following:

`(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or'.

SEC. 3. DEFINITIONS.

(a) In General- Section 921(a)(30) of title 18, United States Code, as added by section 2(a) of this Act, is amended to read as follows:

`(30) The term `semiautomatic assault weapon' means any of the following:

`(A) The following rifles or copies or duplicates thereof:

`(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR;

`(ii) AR-10;

`(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;

`(iv) AR70;

`(v) Calico Liberty;

`(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;

`(vii) Fabrique National FN/FAL, FN/LAR, or FNC;

`(viii) Hi-Point Carbine;

`(ix) HK-91, HK-93, HK-94, or HK-PSG-1;

`(x) Kel-Tec Sub Rifle;

`(xi) M1 Carbine;

`(xii) Saiga;

`(xiii) SAR-8, SAR-4800;

`(xiv) SKS with detachable magazine;

`(xv) SLG 95;

`(xvi) SLR 95 or 96;

`(xvii) Steyr AUG;

`(xviii) Sturm, Ruger Mini-14;

`(xix) Tavor;

`(xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando; or

`(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz).

`(B) The following pistols or copies or duplicates thereof:

`(i) Calico M-110;

`(ii) MAC-10, MAC-11, or MPA3;

`(iii) Olympic Arms OA;

`(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or

`(v) Uzi.

`(C) The following shotguns or copies or duplicates thereof:

`(i) Armscor 30 BG;

`(ii) SPAS 12 or LAW 12;

`(iii) Striker 12; or

`(iv) Streetsweeper.

`(D) A semiautomatic rifle that has an ability to accept a detachable magazine, and that has--

`(i) a folding or telescoping stock;

`(ii) a threaded barrel;

`(iii) a pistol grip;

`(iv) a forward grip; or

`(v) a barrel shroud.

`(E)(i) Except as provided in clause (ii), a semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds.

`(ii) Clause (i) shall not apply to an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.

`(F) A semiautomatic pistol that has the ability to accept a detachable magazine, and has--

`(i) a second pistol grip;

`(ii) a threaded barrel;

`(iii) a barrel shroud; or

`(iv) the capacity to accept a detachable magazine at a location outside of the pistol grip.

`(G) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

`(H) A semiautomatic shotgun that has--

`(i) a folding or telescoping stock;

`(ii) a pistol grip;

`(iii) the ability to accept a detachable magazine; or

`(iv) a fixed magazine capacity of more than 5 rounds.

`(I) A shotgun with a revolving cylinder.

`(J) A frame or receiver that is identical to, or based substantially on the frame or receiver of, a firearm described in any of subparagraphs (A) through (I) or (L).

`(K) A conversion kit.

`(L) A semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.'.

(b) Related Definitions- Section 921(a) of such title is amended by adding at the end the following:

`(36) Barrel Shroud- The term `barrel shroud' means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel, but does not include a slide that encloses the barrel, and does not include an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel.

`(37) Conversion Kit- The term `conversion kit' means any part or combination of parts designed and intended for use in converting a firearm into a semiautomatic assault weapon, and any combination of parts from which a semiautomatic assault weapon can be assembled if the parts are in the possession or under the control of a person.

`(38) Detachable Magazine- The term `detachable magazine' means an ammunition feeding device that can readily be inserted into a firearm.

`(39) Fixed Magazine- The term `fixed magazine' means an ammunition feeding device contained in, or permanently attached to, a firearm.

`(40) Folding or Telescoping Stock- The term `folding or telescoping stock' means a stock that folds, telescopes, or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm.

`(41) Forward Grip- The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip.

`(42) Pistol Grip- The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip.

`(43) Threaded Barrel- The term `threaded barrel' means a feature or characteristic that is designed in such a manner to allow for the attachment of a firearm as defined in section 5845(a) of the National Firearms Act (26 U.S.C. 5845(a)).'.

SEC. 4. GRANDFATHER PROVISION.

Section 922(v)(2) of title 18, United States Code, as added by section 2(a) of this Act, is amended--

(1) by inserting `(A)' after `(2)'; and

(2) by adding after and below the end the following:

`(B) Paragraph (1) shall not apply to any firearm the possession or transfer of which would (but for this subparagraph) be unlawful by reason of this subsection, and which is otherwise lawfully possessed on the date of the enactment of this subparagraph.'.

SEC. 5. REPEAL OF CERTAIN EXEMPTIONS.

Section 922(v)(3) of title 18, United States Code, as added by section 2(a) of this Act, is amended by striking `(3)' and all that follows through the 1st sentence and inserting the following:

`(3) Paragraph (1) shall not apply to any firearm that--

`(A) is manually operated by bolt, pump, level, or slide action;

`(B) has been rendered permanently inoperable; or

`(C) is an antique firearm.'.

SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS.

Section 922(v) of title 18, United States Code, as added by section 2(a) of this Act, is amended by adding at the end the following:

`(5) It shall be unlawful for any person to transfer a semiautomatic assault weapon to which paragraph (1) does not apply, except through--

`(A) a licensed dealer, and for purposes of subsection (t) in the case of such a transfer, the weapon shall be considered to be transferred from the business inventory of the licensed dealer and the dealer shall be considered to be the transferor; or

`(B) a State or local law enforcement agency if the transfer is made in accordance with the procedures provided for in subsection (t) of this section and section 923(g).

`(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit the record to the Congress and make the record available to the general public.'.

SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE.

(a) Ban on Transfer of Semiautomatic Assault Weapon With Large Capacity Ammunition Feeding Device-

(1) IN GENERAL- Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following:

`(z) It shall be unlawful for any person to transfer any assault weapon with a large capacity ammunition feeding device.'.

(2) PENALTIES- Section 924(a) of such title is amended by adding at the end the following:

`(8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 10 years, or both.'.

(b) Certification Requirement-

(1) IN GENERAL- Section 922(w) of such title, as added by section 2(a) of this Act, is amended--

(A) in paragraph (3)--

(i) by adding `or' at the end of subparagraph (B); and

(ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and

(B) by striking paragraph (4) and inserting the following:

`(4) It shall be unlawful for a licensed manufacturer, licensed importer, or licensed dealer who transfers a large capacity ammunition feeding device that was manufactured on or before the date of the enactment of this subsection, to fail to certify to the Attorney General before the end of the 60-day period that begins with the date of the transfer, in accordance with regulations prescribed by the Attorney General, that the device was manufactured on or before the date of the enactment of this subsection.'.

(2) PENALTIES- Section 924(a) of such title, as amended by subsection (a)(2) of this section, is amended by adding at the end the following:

`(9) Whoever knowingly violates section 922(w)(4) shall be fined under this title, imprisoned not more than 5 years, or both.'.

SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.

Section 922(x) of title 18, United States Code, is amended--

(1) in paragraph (1)--

(A) in subparagraph (B), by striking the period and inserting a semicolon; and

(B) by adding at the end the following:

`(C) a semiautomatic assault weapon; or

`(D) a large capacity ammunition feeding device.'; and

(2) in paragraph (2)--

(A) in subparagraph (B), by striking the period and inserting a semicolon; and

(B) by adding at the end the following:

`(C) a semiautomatic assault weapon; or

`(D) a large capacity ammunition feeding device.'.

SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.

(a) In General- Section 922(w) of title 18, United States Code, as added by section 2(a) of this Act, is amended--

(1) in paragraph (1), by striking `(1) Except as provided in paragraph (2)' and inserting `(1)(A) Except as provided in subparagraph (B)';

(2) in paragraph (2), by striking `(2) Paragraph (1)' and inserting `(B) Subparagraph (A)'; and

(3) by inserting before paragraph (3) the following:

`(2) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.'.

(b) Conforming Amendment- Section 921(a)(31)(A) of such title, as added by section 2(a) of this Act, is amended by striking `manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994'.

[benEzra]

21. That congressional session is over, isn't it?

Since it's now one year and a couple weeks after Ms. McCarthy introduced it last year, it's probably about time for her to start pushing the bait-and-switch again this year. Maybe this year she'll actually read it.

[Lex1775]

22. Poor McCarthy...

Everytime I see that clip, or read that transcript, I can't help but laugh at her ignorance.

"I think it's the thing that goes over your shoulder..."

"No, it's not."