The meat of the Bill part #1
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 REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.
- (a) Reinstatement of Provisions Wholly Repealed- Paragraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18,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- (b) Reinstatement of Provisions Partially Repealed- Section 924 of title 18, United States Code, is amended--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;
- `(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;
- `(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;
- `(xiv) SKS with detachable magazine;
- `(xviii) Sturm, Ruger Mini-14;
- `(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:
- `(ii) MAC-10, MAC-11, or MPA3;
- `(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or
- `(C) The following shotguns or copies or duplicates thereof:
- `(D) A semiautomatic rifle that has an ability to accept a detachable magazine, and that has--
- `(i) a folding or telescoping stock;
- `(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;
- `(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;
- `(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).
- `(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.'.