109th U.S. Congress (2005-2006)
S. 645: Assault Weapons Ban and Law Enforcement Protection Act of 2005
Introduced: Mar 16, 2005
Sponsor: Sen. Frank Lautenberg [D-NJ]
Status: Introduced (By Sen. Frank Lautenberg [D-NJ])



II




109TH CONGRESS
S. 645
1ST SESSION


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




IN THE SENATE OF THE UNITED STATES
MARCH 16, 2005
Mr. LAUTENBERG (for himself, Mr. CORZINE, Mr. SCHUMER, Mrs. BOXER,
Mr. KENNEDY, Mr. DURBIN, Ms. MIKULSKI, Mr. SARBANES, Mr. REED,
Mr. AKAKA, Mr. DODD, and Mrs. CLINTON) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary




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

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 ``Assault Weapons Ban
5 and Law Enforcement Protection Act of 2005''.
2
1 SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND

2 POSSESSION OF CERTAIN SEMIAUTOMATIC

3 ASSAULT WEAPONS.

4 (a) RESTRICTION.--Section 922 of title 18, United
5 States Code, is amended by adding after subsection (u)
6 the following:
7 ``(v)(1) It shall be unlawful for a person to manufac-
8 ture, transfer, or possess a semiautomatic assault weapon.
9 ``(2) Paragraph (1) shall not apply to the possession
10 or transfer of any semiautomatic assault weapon otherwise
11 lawfully possessed under Federal law on the date of enact-
12 ment of this subsection.
13 ``(3) Paragraph (1) shall not apply to any firearm
14 that--
15 ``(A) is manually operated by bolt, pump, level,
16 or slide action;
17 ``( has been rendered permanently inoperable;
18 or
19 ``© is an antique firearm.
20 ``(4) Paragraph (1) shall not apply to--
21 ``(A) the manufacture for, transfer to, or pos-
22 session by the United States or a department or
23 agency of the United States or a State or a depart-
24 ment, agency, or political subdivision of a State, or
25 a transfer to or possession by a law enforcement of-


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1 ficer employed by such an entity for purposes of law
2 enforcement (whether on or off duty);
3 ``( the transfer to a licensee under title I of
4 the Atomic Energy Act of 1954 for purposes of es-
5 tablishing and maintaining an onsite physical protec-
6 tion system and security organization required by
7 Federal law, or possession by an employee or con-
8 tractor of such licensee onsite for such purposes or
9 off-site for purposes of licensee-authorized training
10 or transportation of nuclear materials;
11 ``© the possession, by an individual who is re-
12 tired from service with a law enforcement agency
13 and is not otherwise prohibited from receiving a fire-
14 arm, of a semiautomatic assault weapon transferred
15 to the individual by the agency upon such retire-
16 ment; or
17 ``(D) the manufacture, transfer, or possession
18 of a semiautomatic assault weapon by a licensed
19 manufacturer or licensed importer for the purposes
20 of testing or experimentation authorized by the Sec-
21 retary.
22 ``(5) It shall be unlawful for any person to transfer
23 a semiautomatic assault weapon to which paragraph (1)
24 does not apply, except through--




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1 ``(A) a licensed dealer, and for purposes of sub-
2 section (t) in the case of such a transfer, the weapon
3 shall be considered to be transferred from the busi-
4 ness inventory of the licensed dealer and the dealer
5 shall be considered to be the transferor; or
6 ``( a State or local law enforcement agency if
7 the transfer is made in accordance with the proce-
8 dures provided for in subsection (t) of this section
9 and section 923(g).
10 ``(6) The Attorney General shall establish and main-
11 tain, in a timely manner, a record of the make, model,
12 and date of manufacture of any semiautomatic assault
13 weapon which the Attorney General is made aware has
14 been used in relation to a crime under Federal or State
15 law, and the nature and circumstances of the crime in-
16 volved, including the outcome of relevant criminal inves-
17 tigations and proceedings. The Attorney General shall an-
18 nually submit the record to Congress and make the record
19 available to the general public.''.
20 ( DEFINITION SEMIAUTOMATIC ASSAULT
OF

21 WEAPON.--Section 921(a) of title 18, United States Code,
22 is amended by adding after paragraph (29) the following:
23 ``(30) The term `semiautomatic assault weapon'
24 means any of the following:




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1 ``(A) RIFLES.--The following rifles or copies or
2 duplicates thereof--
3 ``(i) AK, AKM, AKS, AK47, AK74,
4 ARM, MAK90, Misr, NHM 90, NHM 91, SA
5 85, SA 93, VEPR;
6 ``(ii) AR10;
7 ``(iii) AR15, Bushmaster XM15, Armalite
8 M15, or Olympic Arms PCR;
9 ``(iv) AR70;
10 ``(v) Calico Liberty;
11 ``(vi) Dragunov SVD Sniper Rifle or
12 Dragunov SVU;
13 ``(vii) Fabrique National FN/FAL, FN/
14 LAR, or FNC;
15 ``(viii) Hi-Point Carbine;
16 ``(ix) HK91, HK93, HK94, or HK
17 PSG1;
18 ``(x) Kel-Tec Sub Rifle;
19 ``(xi) M1 Carbine;
20 ``(xii) Saiga;
21 ``(xiii) SAR8, SAR4800;
22 ``(xiv) SKS with detachable magazine;
23 ``(xv) SLG 95;
24 ``(xvi) SLR 95 or 96;
25 ``(xvii) Steyr AUG;


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1 ``(xviii) Sturm, Ruger Mini14;
2 ``(xix) Tavor;
3 ``(xx) Thompson 1927, Thompson M1, or
4 Thompson 1927 Commando; or
5 ``(xxi) Uzi, Galil and Uzi Sporter, Galil
6 Sporter, or Galil Sniper Rifle (Galatz).
7 ``( PISTOLS.--The following pistols or copies
8 or duplicates thereof--
9 ``(i) Calico M110;
10 ``(ii) MAC10, MAC11, or MPA3;
11 ``(iii) Olympic Arms OA;
12 ``(iv) TEC9, TECDC9, TEC22 Scor-
13 pion, or AB10; or
14 ``(v) Uzi.
15 ``© SHOTGUNS.--The following shotguns or
16 copies or duplicates thereof--
17 ``(i) Armscor 30 BG;
18 ``(ii) SPAS 12 or LAW 12;
19 ``(iii) Striker 12; or
20 ``(iv) Streetsweeper.
21 ``(D) DETACHABLE RIFLES.--A
MAGAZINE

22 semiautomatic rifle that has an ability to accept a
23 detachable magazine, and that has--
24 ``(i) a folding or telescoping stock;
25 ``(ii) a threaded barrel;


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1 ``(iii) a pistol grip;
2 ``(iv) a forward grip; or
3 ``(v) a barrel shroud.
4 ``(E) FIXED MAGAZINE RIFLES.--A semiauto-
5 matic rifle that has a fixed magazine with the capac-
6 ity to accept more than 10 rounds, except for an at-
7 tached tubular device designed to accept, and capa-
8 ble of operating only with, .22 caliber rimfire ammu-
9 nition.
10 ``(F) DETACHABLE PISTOLS.--A
MAGAZINE

11 semiautomatic pistol that has the ability to accept a
12 detachable magazine, and has--
13 ``(i) a second pistol grip;
14 ``(ii) a threaded barrel;
15 ``(iii) a barrel shroud; or
16 ``(iv) the capacity to accept a detachable
17 magazine at a location outside of the pistol
18 grip.
19 ``(G) FIXED MAGAZINE PISTOLS.--A semiauto-
20 matic pistol with a fixed magazine that has the ca-
21 pacity to accept more than 10 rounds.
22 ``(H) SEMIAUTOMATIC SHOTGUNS.--A semi-
23 automatic shotgun that has--
24 ``(i) a folding or telescoping stock;
25 ``(ii) a pistol grip;


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1 ``(iii) the ability to accept a detachable
2 magazine; or
3 ``(iv) a fixed magazine capacity of more
4 than 5 rounds.
5 ``(I) OTHER SHOTGUNS.--A shotgun with a re-
6 volving cylinder.
7 ``(J) FRAMES OR RECEIVERS.--A frame or re-
8 ceiver that is identical to, or based substantially on
9 the frame or receiver of, a firearm described in any
10 of subparagraphs (A) through (I) or (L).
11 ``(K) CONVERSION KITS.--A conversion kit.
12 ``(L) MILITARY OR LAW ENFORCMENT WEAP-

13 ONS.--A semiautomatic rifle or shotgun originally
14 designed for military or law enforcement use, or a
15 firearm based on the design of such a firearm, that
16 is not particularly suitable for sporting purposes, as
17 determined by the Attorney General. In making the
18 determination, there shall be a rebuttable presump-
19 tion that a firearm procured for use by the United
20 States military or any Federal law enforcement
21 agency is not particularly suitable for sporting pur-
22 poses, and a firearm shall not be determined to be
23 particularly suitable for sporting purposes solely be-
24 cause the firearm is suitable for use in a sporting
25 event.''.


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1 © PENALTIES.--
2 (1) VIOLATION OF SECTION 922(v).--Section

3 924(a)(1)( of title 18, United States Code, is
4 amended by striking ``or (q) of section 922'' and in-
5 serting ``®, or (v) of section 922''.
6 (2) USE OR POSSESSION DURING CRIME OF VIO-

7 CRIME.--Section
LENCE OR DRUG TRAFFICKING

8 924©(1)((i) of title 18, United States Code, is
9 amended by inserting ``or semiautomatic assault
10 weapon,'' after ``short-barreled shotgun,''.
11 (d) IDENTIFICATION MARKINGS SEMIAUTO-
FOR

12 ASSAULT WEAPONS.--Section 923(i) of title 18,
MATIC

13 United States Code, is amended by adding at the end the
14 following: ``The serial number of any semiautomatic as-
15 sault weapon manufactured after the date of the enact-
16 ment of this sentence shall clearly show the date on which
17 the weapon was manufactured.''.
18 (e) RELATED DEFINITIONS.--Section 921(a) of such
19 title is amended by adding at the end the following:
20 ``(36) BARREL SHROUD.--The term `barrel shroud'
21 means a shroud that is attached to, or partially or com-
22 pletely encircles, the barrel of a firearm so that the shroud
23 protects the user of the firearm from heat generated by
24 the barrel, but does not include a slide that encloses the
25 barrel, and does not include an extension of the stock


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1 along the bottom of the barrel which does not encircle or
2 substantially encircle the barrel.
3 ``(37) CONVERSION KIT.--The term `conversion kit'
4 means any part or combination of parts designed and in-
5 tended for use in converting a firearm into a semiauto-
6 matic assault weapon, and any combination of parts from
7 which a semiautomatic assault weapon can be assembled
8 if the parts are in the possession or under the control of
9 a person.
10 ``(38) DETACHABLE MAGAZINE.--The term `detach-
11 able magazine' means an ammunition feeding device that
12 can readily be inserted into a firearm.
13 ``(39) FIXED MAGAZINE.--The term `fixed magazine'
14 means an ammunition feeding device contained in, or per-
15 manently attached to, a firearm.
16 ``(40) FOLDING OR TELESCOPING STOCK.--The term
17 `folding or telescoping stock' means a stock that folds,
18 telescopes, or otherwise operates to reduce the length, size,
19 or any other dimension, or otherwise enhances the
20 concealability, of a firearm.
21 ``(41) FORWARD GRIP.--The term `forward grip'
22 means a grip located forward of the trigger that functions
23 as a pistol grip.




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1 ``(42) PISTOL GRIP.--The term `pistol grip' means a
2 grip, a thumbhole stock, or any other characteristic that
3 can function as a grip.
4 ``(43) THREADED BARREL.--The term `threaded bar-
5 rel' means a feature or characteristic that is designed in
6 such a manner to allow for the attachment of a firearm
7 as defined in section 5845(a) of the National Firearms
8 Act (26 U.S.C. 5845(a)).''.
9 SEC. 3. BAN OF LARGE CAPACITY AMMUNITION FEEDING

10 DEVICES.

11 (a) PROHIBITION.--Section 922 of title 18, United
12 States Code, as amended by section 2(a), is amended by
13 adding after subsection (v) the following:
14 ``(w)(1)(A) Except as provided in subparagraph (,
15 it shall be unlawful for a person to transfer or possess
16 a large capacity ammunition feeding device.
17 ``( Subparagraph (A) shall not apply to the posses-
18 sion or transfer of any large capacity ammunition feeding
19 device otherwise lawfully possessed in the United States
20 on the date of enactment of this subsection.
21 ``(2) It shall be unlawful for any person to import
22 or bring into the United States a large capacity ammuni-
23 tion feeding device.
24 ``(3) This subsection shall not apply to--




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1 ``(A) the manufacture for, transfer to, or pos-
2 session by the United States or a department or
3 agency of the United States or a State or a depart-
4 ment, agency, or political subdivision of a State, or
5 a transfer to or possession by a law enforcement of-
6 ficer employed by such an entity for purposes of law
7 enforcement (whether on or off duty);
8 ``( the transfer to a licensee under title I of
9 the Atomic Energy Act of 1954 for purposes of es-
10 tablishing and maintaining an onsite physical protec-
11 tion system and security organization required by
12 Federal law, or possession by an employee or con-
13 tractor of such licensee onsite for such purposes or
14 off-site for purposes of licensee-authorized training
15 or transportation of nuclear materials; or
16 ``© the manufacture, transfer, or possession of
17 any large capacity ammunition feeding device by a
18 licensed manufacturer or licensed importer for the
19 purposes of testing or experimentation authorized by
20 the Secretary.
21 ``(4) It shall be unlawful for a licensed manufacturer,
22 licensed importer, or licensed dealer who transfers a large
23 capacity ammunition feeding device that was manufac-
24 tured on or before the date of enactment of this sub-
25 section, to fail to certify to the Attorney General before


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1 the end of the 60-day period that begins with the date
2 of the transfer, in accordance with regulations prescribed
3 by the Attorney General, that the device was manufac-
4 tured on or before the date of enactment of this sub-
5 section.''.
6 ( DEFINITION LARGE CAPACITY AMMUNITION
OF

7 FEEDING DEVICE.--Section 921(a) of title 18, United
8 States Code, as amended by section 2(, is amended by
9 adding after paragraph (30) the following:
10 ``(31) The term `large capacity ammunition feeding
11 device'--
12 ``(A) means a magazine, belt, drum, feed strip,
13 or similar device that has a capacity of, or that can
14 be readily restored or converted to accept, more than
15 10 rounds of ammunition; but
16 ``( does not include an attached tubular de-
17 vice designed to accept, and capable of operating
18 only with, .22 caliber rimfire ammunition.''.
19 © PENALTY.--Section 924(a)(1)( of title 18,
20 United States Code, as amended by section 2©, is amend-
21 ed by striking ``or (v)'' and inserting ``(v), or (w)''.
22 (d) IDENTIFICATION MARKINGS LARGE CAPAC-
FOR

23 AMMUNITION FEEDING DEVICES.--Section 923(i) of
ITY

24 title 18, United States Code, as amended by section 2(d),
25 is amended by adding at the end the following: ``A large


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1 capacity ammunition feeding device manufactured after
2 the date of the enactment of this sentence shall be identi-
3 fied by a serial number that clearly shows that the device
4 was manufactured or imported after the effective date of
5 this subsection, and such other identification as the Attor-
6 ney General may by regulation prescribe.
7 (e) BAN ON TRANSFER OF SEMIAUTOMATIC ASSAULT
8 WEAPON WITH LARGE CAPACITY AMMUNITION FEEDING
9 DEVICE.--
10 (1) IN GENERAL.--Section 922 of title 18,
11 United States Code, is amended by inserting at the
12 end the following:
13 ``(z) It shall be unlawful for any person to transfer
14 any assault weapon with a large capacity ammunition
15 feeding device.''.
16 (2) PENALTIES.--Section 924(a) of title 18,
17 United States Code, is amended by adding at the
18 end the following:
19 ``(8) Whoever knowingly violates section 922(z) shall
20 be fined under this title, imprisoned not more than 10
21 years, or both.
22 ``(9) Whoever knowingly violates section 922(w)(4)
23 shall be fined under this title, imprisoned not more than
24 5 years, or both.''.




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1 SEC. 4. STUDY BY ATTORNEY GENERAL.

2 (a) STUDY.--The Attorney General shall investigate
3 and study the effect of this Act and the amendments made
4 by this Act, and in particular shall determine their impact,
5 if any, on violent and drug trafficking crime. The study
6 shall be conducted over a period of 18 months, com-
7 mencing 12 months after the date of enactment of this
8 Act.
9 ( REPORT.--Not later than 30 months after the
10 date of enactment of this Act, the Attorney General shall
11 prepare and submit to Congress a report setting forth in
12 detail the findings and determinations made in the study
13 under subsection (a).
14 SEC. 5. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.

15 Section 922(x) of title 18, United States Code, is
16 amended--
17 (1) in paragraph (1)--
18 (A) in subparagraph (, by striking the
19 period and inserting a semicolon; and
20 ( by adding at the end the following:
21 ``© a semiautomatic assault weapon; or
22 ``(D) a large capacity ammunition feeding de-
23 vice.''; and
24 (2) in paragraph (2)--
25 (A) in subparagraph (, by striking the
26 period and inserting a semicolon; and
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1 ( by adding at the end the following:
2 ``© a semiautomatic assault weapon; or
3 ``(D) a large capacity ammunition feeding de-
4 vice.''.
5 SEC. 6. EFFECTIVE DATE.

6 This Act and the amendments made by this Act shall
7 take effect on the date of enactment of this Act.





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If, worst case scenario, martial law is declared and the goverment issues a list of liberals or anybody else to be rounded up for questioning, arrest and detention, what do you propose to do with your assault rifle when six heavily armed infantrymen pour out of a Stryker assault vehicle at your front door? I ask this question seriously, as I have a firearm that is included in the feds list, though it was added after the list was first compiled, and purchased before the original ban was even proposed.

Hand guns are good. However auto reload, multi/rapid fire machine guns need to be left to the battle Field.

REMEMBER GUNS DON'T KILL PEOPLE.....PEOPLE KILL PEOPLE

"Have any of you actually been shot at? or Shot? or been a victim of a gun related crime?"-Rexateyfor

Do combat related wounds count? If yes, then I have, to all three questions. That is why I have not crossed that line. I notice you didn't ask if anyone had shot and wounded or killed a human being. It's harder to do than to talk about doing, take my word for it.

Moral of the story,

DON'T FUCK WIT DIANE

see what a simple hand gun can do?
no need for an A-K47 for self defense.

Thats bs max; one handgun against a large unarmed man, yeah....gimme the AK any time against armed ones. The time may come...when owning one would be life or death to you & yours. (and no im not an NRA-er....at all)

And,PS, I know you were joking, but telling that story is painful. It was a life or death situation. And terrifying. But I did it to illustrate how me, the anti-gun chick, was glad as hell to have a gun when this guy was saying he was gonna rape me & get off while he choked the life outta me. It may open some eyes.

Thats bs max; one handgun against a large unarmed man, yeah....gimme the AK any time against armed ones. The time may come...when owning one would be life or death to you & yours. (and no im not an NRA-er....at all)

And,PS, I know you were joking, but telling that story is painful. It was a life or death situation. And terrifying. But I did it to illustrate how me, the anti-gun chick, was glad as hell to have a gun when this guy was saying he was gonna rape me & get off while he choked the life outta me. It may open some eyes.

Don't you spose for household protection purposes,
a semi-automatic shot gun would be much more effective?

Scatter shot means you need not be as accurate in trying moments,
and the shot doesn't travel as far, so innocent people are less likely to be involved.

(Unless yer bird hunting with the VEEP)
BTW,

Most of the rest of the world have various aspects of gun control.
Most of the world considers us the Cowboys!

And here we are in Iraq.
No one see's any connection do they?

Yo Rex,
Then 7 year old Johnny that was playing with the gun, who accidental shot his sister/brother/friend is at fault? NOT!

No his asshole parents are, for not teaching him young what NO means. And having them out of his reach until they take him & show him at a range, how loud, scary and deadly they are. I talk to my son all the time about movies and cartoons and tell him real death is ugly and bad, and tell him he can NEVER EVER touch a gun; until he is old enough to take a hunter safety course.

More accurately, his parents were at fault for not having gun locks on the weapon!
4 year old can and will play with it if found, and they don't know NO!

4 yr olds do know no, and I said "Keep it up out of their reach" at that age.

A stun gun wont do you shit when your intruder is armed, ....but I guess when you hail from Detroit you know these things. as the saying goes...never bring a knife to a gun fight.

If we can legally own an assault rifle,
why not a bazooka? To protect my house from the hoards ya know.

How many of us really need a 35 milimeter cannon?
If an assault rifle is ok, why not the 35mm?

Ive been saying that for years but I keep getting deneyed at the gun shop for my rocket launcher, I wish the gun shop owner thought as rational as you do.

Ive been saying that for years but I keep getting deneyed at the gun shop for my rocket launcher, I wish the gun shop owner thought as rational as you do.

again, I have zero issue against gun ownership!

What I rail against is the decision to make military hardware accessable to (nearly) anyone.
A semi-automatic assault rifle can be considered nothing other than military!

A law like this only disarms honest people, plain and simple.

I have tried and tried to own a gun, but they have told me I am not allowed to own one.
.

You can do it and it does make a differance.
Car companies once said they couldn't put seatbelts in cars,
that it would cost too much and besides,
people wouldn't use them.



Could you today imagine a car without seatbelts?

Uh, why not?

Yes I can imagine cars without seatbelts, hell I remember when we werent forced to wear them because someone got a hair across their ass and decided they could make the choice to wear a seatbelt for everyone.

Kinda like this gun debate, a few people making the choice for the rest of us.

Uh, why not? eek.gif

Your counter sarcasm is almost as effective as the original.

hahahaha; kinda wondered that myself, sooner! I mean if they registered them to us...???

<<scratchin head, sayin hmmmmmmmmmmmm>>
How did we all survive in the front seat, no seatbelts, no helmets on bicycles, sharing drinks with our friends;
and when accidents were accidents, not lawsuits???

Brought to you by the "getting da gub'mint outta yo life" Hee Haw club of the Conservatives!!!

They think for us; we all just "Yessah massah"

An armed society is a polite society.

Everyone should probably carry street sweepers. Heh, heh; and cars should have nice little mounted missles on them. Lot less people would cut you off then!!

True enough,
and as long as the person killed wasn't anyone you knew,
(shrug)

And Im sure in said scenario I would need to wear body armor myself!