Assault
Weapons Ban -- the bill
The
Violent Crime Control and Law Enforcement Act of 1994
SEMIAUTOMATIC
ASSAULT WEAPONS and LARGE CAPACITY AMMUNITION FEEDING DEVICES under
Title 18, UNITED STATES CODE, CHAPTER 44 as amended by Public Law
103-322 The Violent Crime Control and Law Enforcement Act of 1994
(enacted September 13, 1994)
§
921(a)(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 (SC70);
(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 DC-9, 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 telescopic 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 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.
§
922(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 shall 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 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 or such
licensee on-site for such purposes of off-site for purposes of licensee-authorized
trainig 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 form 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 imported for the purposes
of testing or experimentation authorized by the Secretary.
§
923(i) ... 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.
§
924(c)(1) Whoever, during and in relation to any crime of violence
or drug trafficking crime (including a crime of violence or drug
trafficking crime which provides for an enhanced punishment if committed
by the use of a deadly or dangerous weapon or device) for which
he may be prosecuted in a court of the United States, uses or carries
a firearm, shall in addition to the punishment provided for such
crime of violence or drug trafficking crime, be sentenced to imprisonment
for five years, and if the firearm is a short-barreled rifle, short
barreled shotgun, or semiautomatic assault weapon to imprisonment
for ten years...
18
U.S.C. Chapter 44
921(a)(31)
The term 'large capacity ammunition feeding device' -
(A)
means a magazine, belt, drum, feed strip, or similar device manufactures
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.
§
922(w)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer or posses a large capacity ammunition feeding
device.
(2)
Paragraph (1) shall not apply to the possession or transfer of any
large capacity ammunition feeding devices 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 or a department or
a State or a department, agency or political subdivision of a State,
or transfer to or possession by a law enforcement officer employed
by such an entity for purposes of law enforcement (weather 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 or such
licensee on-site for such purposes of off-site for purposes of licensee-authorized
trainig 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 burdon of proof to show that such
paragraph (1) applies to such a person. The lack of a serial number
as described in section 923(i) of title 18, United States Code,
shall not be a presumption that the large capacity ammunition feeding
device is not subject to the prohinition of possesion in paragraph
(1).
§
923(i) ... A large capacity ammuniiton 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 Secretary may by regulation prescribe.
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