S.150
S 150 IS
January 24 (legislative day, January 3), 2013
Mrs. FEINSTEIN (for herself, Mr. SCHUMER, Mr. DURBIN, Mr. WHITEHOUSE,
Mr. BLUMENTHAL, Mr. LEVIN, Mr. ROCKEFELLER, Ms. MIKULSKI, Mrs. BOXER,
Mr. REED, Mr. LAUTENBERG, Mr. MENENDEZ, Mr. CARDIN, Mrs. GILLIBRAND, Mr.
SCHATZ, Mr. MURPHY, Ms. WARREN, Mr. CARPER, Mr. FRANKEN, Ms. HIRONO,
and Ms. KLOBUCHAR) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
- 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 of 2013'.
SEC. 2. DEFINITIONS.
- (a) In General- Section 921(a) of title 18, United States Code, is amended--
- (1) by inserting after paragraph (29) the following:
- `(30) The term `semiautomatic pistol' means any repeating pistol that--
- `(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the next
round; and
- `(B) requires a separate pull of the trigger to fire each cartridge.
- `(31) The term `semiautomatic shotgun' means any repeating shotgun that--
- `(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the next
round; and
- `(B) requires a separate pull of the trigger to fire each cartridge.'; and
- (2) by adding at the end the following:
- `(36) The term `semiautomatic assault weapon' means any of
the following, regardless of country of manufacture or caliber of
ammunition accepted:
- `(A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any 1 of the following:
- `(i) A pistol grip.
- `(ii) A forward grip.
- `(iii) A folding, telescoping, or detachable stock.
- `(iv) A grenade launcher or rocket launcher.
- `(v) A barrel shroud.
- `(vi) A threaded barrel.
- `(B) A semiautomatic rifle that has a fixed magazine
with the capacity to accept more than 10 rounds, except for an attached
tubular device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
- `(C) Any part, combination of parts, component, device,
attachment, or accessory that is designed or functions to accelerate
the rate of fire of a semiautomatic rifle but not convert the
semiautomatic rifle into a machinegun.
- `(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any 1 of the following:
- `(i) A threaded barrel.
- `(ii) A second pistol grip.
- `(iii) A barrel shroud.
- `(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip.
- `(v) A semiautomatic version of an automatic firearm.
- `(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
- `(F) A semiautomatic shotgun that has any 1 of the following:
- `(i) A folding, telescoping, or detachable stock.
- `(ii) A pistol grip.
- `(iii) A fixed magazine with the capacity to accept more than 5 rounds.
- `(iv) The ability to accept a detachable magazine.
- `(v) A forward grip.
- `(vi) A grenade launcher or rocket launcher.
- `(G) Any shotgun with a revolving cylinder.
- `(H) All of the following rifles, copies, duplicates,
variants, or altered facsimiles with the capability of any such weapon
thereof:
- `(i) All AK types, including the following:
- `(I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector
Arms AK-47, VEPR, WASR-10, and WUM.
- `(II) IZHMASH Saiga AK.
- `(III) MAADI AK47 and ARM.
- `(IV) Norinco 56S, 56S2, 84S, and 86S.
- `(V) Poly Technologies AK47 and AKS.
- `(ii) All AR types, including the following:
- `(I) AR-10.
- `(II) AR-15.
- `(III) Armalite M15 22LR Carbine.
- `(IV) Armalite M15-T.
- `(V) Barrett REC7.
- `(VI) Beretta AR-70.
- `(VII) Bushmaster ACR.
- `(VIII) Bushmaster Carbon 15.
- `(IX) Bushmaster MOE series.
- `(X) Bushmaster XM15.
- `(XI) Colt Match Target Rifles.
- `(XII) DoubleStar AR rifles.
- `(XIII) DPMS Tactical Rifles.
- `(XIV) Heckler & Koch MR556.
- `(XV) Olympic Arms.
- `(XVI) Remington R-15 rifles.
- `(XVII) Rock River Arms LAR-15.
- `(XVIII) Sig Sauer SIG516 rifles.
- `(XIX) Smith & Wesson M&P15 Rifles.
- `(XX) Stag Arms AR rifles.
- `(XXI) Sturm, Ruger & Co. SR556 rifles.
- `(iii) Barrett M107A1.
- `(iv) Barrett M82A1.
- `(v) Beretta CX4 Storm.
- `(vi) Calico Liberty Series.
- `(vii) CETME Sporter.
- `(viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C.
- `(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
- `(x) Feather Industries AT-9.
- `(xi) Galil Model AR and Model ARM.
- `(xii) Hi-Point Carbine.
- `(xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
- `(xiv) Kel-Tec Sub-2000, SU-16, and RFB.
- `(xv) SIG AMT, SIG PE-57, Sig Sauer SG 550, and Sig Sauer SG 551.
- `(xvi) Springfield Armory SAR-48.
- `(xvii) Steyr AUG.
- `(xviii) Sturm, Ruger Mini-14 Tactical Rife M-14/20CF.
- `(xix) All Thompson rifles, including the following:
- `(I) Thompson M1SB.
- `(II) Thompson T1100D.
- `(III) Thompson T150D.
- `(IV) Thompson T1B.
- `(V) Thompson T1B100D.
- `(VI) Thompson T1B50D.
- `(VII) Thompson T1BSB.
- `(VIII) Thompson T1-C.
- `(IX) Thompson T1D.
- `(X) Thompson T1SB.
- `(XI) Thompson T5.
- `(XII) Thompson T5100D.
- `(XIII) Thompson TM1.
- `(XIV) Thompson TM1C.
- `(xx) UMAREX UZI Rifle.
- `(xxi) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine.
- `(xxii) Valmet M62S, M71S, and M78.
- `(xxiii) Vector Arms UZI Type.
- `(xxiv) Weaver Arms Nighthawk.
- `(xxv) Wilkinson Arms Linda Carbine.
- `(I) All of the following pistols, copies, duplicates,
variants, or altered facsimiles with the capability of any such weapon
thereof:
- `(i) All AK-47 types, including the following:
- `(I) Centurion 39 AK pistol.
- `(II) Draco AK-47 pistol.
- `(III) HCR AK-47 pistol.
- `(IV) IO Inc. Hellpup AK-47 pistol.
- `(V) Krinkov pistol.
- `(VI) Mini Draco AK-47 pistol.
- `(VII) Yugo Krebs Krink pistol.
- `(ii) All AR-15 types, including the following:
- `(I) American Spirit AR-15 pistol.
- `(II) Bushmaster Carbon 15 pistol.
- `(III) DoubleStar Corporation AR pistol.
- `(IV) DPMS AR-15 pistol.
- `(V) Olympic Arms AR-15 pistol.
- `(VI) Rock River Arms LAR 15 pistol.
- `(iii) Calico Liberty pistols.
- `(iv) DSA SA58 PKP FAL pistol.
- `(v) Encom MP-9 and MP-45.
- `(vi) Heckler & Koch model SP-89 pistol.
- `(vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and TEC-DC9.
- `(viii) Kel-Tec PLR 16 pistol.
- `(ix) The following MAC types:
- `(I) MAC-10.
- `(II) MAC-11.
- `(III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.
- `(IV) Military Armament Corp. Ingram M-11.
- `(V) Velocity Arms VMAC.
- `(x) Sig Sauer P556 pistol.
- `(xi) Sites Spectre.
- `(xii) All Thompson types, including the following:
- `(I) Thompson TA510D.
- `(II) Thompson TA5.
- `(xiii) All UZI types, including Micro-UZI.
- `(J) All of the following shotguns, copies, duplicates,
variants, or altered facsimiles with the capability of any such weapon
thereof:
- `(i) Franchi LAW-12 and SPAS 12.
- `(ii) All IZHMASH Saiga 12 types, including the following:
- `(I) IZHMASH Saiga 12.
- `(II) IZHMASH Saiga 12S.
- `(III) IZHMASH Saiga 12S EXP-01.
- `(IV) IZHMASH Saiga 12K.
- `(V) IZHMASH Saiga 12K-030.
- `(VI) IZHMASH Saiga 12K-040 Taktika.
- `(iii) Streetsweeper.
- `(iv) Striker 12.
- `(K) All belt-fed semiautomatic firearms, including TNW M2HB.
- `(L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled.
- `(M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K).
- `(37) The term `large capacity ammunition feeding device'--
- `(A) means a magazine, belt, drum, feed strip, or
similar device, including any such device joined or coupled with another
in any manner, that has an overall capacity of, or that can be readily
restored, changed, or converted to accept, more than 10 rounds of
ammunition; and
- `(B) does not include an attached tubular device
designed to accept, and capable of operating only with, .22 caliber
rimfire ammunition.'.
- (b) Related Definitions- Section 921(a) of title 18, United
States Code, as amended by this Act, is amended by adding at the end
the following:
- `(38) The term `barrel shroud'--
- `(A) 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; and
- `(B) does not include--
- `(i) a slide that partially or completely encloses the barrel; or
- `(ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel.
- `(39) The term `detachable magazine' means an ammunition
feeding device that can be removed from a firearm without disassembly of
the firearm action.
- `(40) The term `fixed magazine' means an ammunition feeding
device that is permanently fixed to the firearm in such a manner that
it cannot be removed without disassembly of the firearm.
- `(41) The term `folding, telescoping, or detachable stock'
means a stock that folds, telescopes, detaches or otherwise operates to
reduce the length, size, or any other dimension, or otherwise enhances
the concealability, of a firearm.
- `(42) The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip.
- `(43) The term `rocket' means any simple or complex
tubelike device containing combustibles that on being ignited liberate
gases whose action propels the tube through the air and has a propellant
charge of not more than 4 ounces.
- `(44) The term `grenade launcher or rocket launcher' means
an attachment for use on a firearm that is designed to propel a grenade,
rocket, or other similar destructive device.
- `(45) The term `permanently inoperable' means a firearm
which is incapable of discharging a shot by means of an explosive and
incapable of being readily restored to a firing condition.
- `(46) The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip.
- `(47) The term `threaded barrel' means a feature or
characteristic that is designed in such a manner to allow for the
attachment of a device such as a firearm silencer or a flash suppressor.
- `(48) The term `qualified law enforcement officer' has the
meaning given the term in section 926B of title 18, United States Code.
- `(49) The term `grandfathered semiautomatic assault weapon'
means any semiautomatic assault weapon the importation, possession,
sale, or transfer of which would be unlawful under section 922(v) but
for the exception under paragraph (2) of such section.
- `(50) The term `belt-fed semiautomatic firearm' means any repeating firearm that--
- `(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round;
- `(B) requires a separate pull of the trigger to fire each cartridge; and
- `(C) has the capacity to accept a belt ammunition feeding device.'.
SEC. 3. RESTRICTIONS ON ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.
- (a) In General- Section 922 of title 18, United States Code, is amended--
- (1) by inserting after subsection (u) the following:
- `(v)(1) It shall be unlawful for a person to import, sell,
manufacture, transfer, or possess, in or affecting interstate or foreign
commerce, a semiautomatic assault weapon.
- `(2) Paragraph (1) shall not apply to the possession, sale,
or transfer of any semiautomatic assault weapon otherwise lawfully
possessed under Federal law on the date of enactment of the Assault
Weapons Ban of 2013.
- `(3) Paragraph (1) shall not apply to any firearm that--
- `(A) is manually operated by bolt, pump, lever, or slide action;
- `(B) has been rendered permanently inoperable; or
- `(C) is an antique firearm, as defined in section 921 of this title.
- `(4) Paragraph (1) shall not apply to--
- `(A) the importation for, manufacture for, sale to,
transfer to, or possession by 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, or a sale or transfer to or possession
by a qualified law enforcement officer employed by 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, for purposes of law
enforcement (whether on or off duty), or a sale or transfer to or
possession by a campus law enforcement officer for purposes of law
enforcement (whether on or off duty);
- `(B) the importation for, or sale or 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 in
good standing from service with a law enforcement agency and is not
otherwise prohibited from receiving a firearm, of a semiautomatic
assault weapon--
- `(i) sold or transferred to the individual by the agency upon such retirement; or
- `(ii) that the individual purchased, or otherwise obtained, for official use before such retirement;
- `(D) the importation, sale, 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 Attorney General; or
- `(E) the importation, sale, manufacture, transfer, or
possession of a firearm specified in Appendix A to this section, as such
firearm was manufactured on the date of introduction of the Assault
Weapons Ban of 2013.
- `(5) For purposes of paragraph (4)(A), the term `campus law enforcement officer' means an individual who is--
- `(A) employed by a private institution of higher
education that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C.
