[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1571 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 1571
To amend title 18, United States Code, to prohibit the possession,
transfer, and certain exports of restricted weapons, the manufacture of
firearms capable of accepting a silencer or bayonet without alteration,
and the possession and transfer of large capacity ammunition feeding
devices, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 1993
Mr. Hughes (for himself and Mr. Klein) introduced the following bill;
which was referred to the Committee on the Judiciary
May 2, 1994
Additional sponsor: Ms. Margolies-Mezvinsky
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit the possession,
transfer, and certain exports of restricted weapons, the manufacture of
firearms capable of accepting a silencer or bayonet without alteration,
and the possession and transfer of large capacity ammunition feeding
devices, 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 ``Restricted Weapons Act of 1993''.
SEC. 2. PROHIBITION AGAINST POSSESSION AND TRANSFER OF RESTRICTED
WEAPONS.
(a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(s)(1) Except as provided in paragraphs (2) and (3), it shall be
unlawful for any person to possess or transfer a restricted weapon.
``(2) Paragraph (1) shall not apply to any otherwise lawful
possession or transfer of a restricted weapon if the weapon was
lawfully possessed before the date the weapon was most recently added
to the list published pursuant to section 925A.
``(3) It shall be unlawful for any person to transfer a restricted
weapon that meets the requirement of paragraph (2), except in
accordance with regulations prescribed by the Secretary.''.
(b) Restricted Weapon Defined.--Section 921(a) of such title is
amended by adding at the end the following:
``(29) The term `restricted weapon' means any firearm which is on
the list most recently published by the Secretary under section
925A.''.
(c) Authority of the Secretary of the Treasury to Designate
Restricted Weapons; Publication of List.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by inserting after section 925 the following:
``Sec. 925A. Designation of restricted weapons
``(a) Within 60 days after the date of the enactment of this
section, the Secretary shall--
``(1) designate as a restricted weapon--
``(A) any semiautomatic rifle which is--
``(i) manufactured in the United States;
and
``(ii) not generally recognized as
particularly suitable for, or readily adaptable
to, sporting purposes; and
``(B) any firearm manufactured outside the United
States the importation of which is prohibited under
section 925(d); and
``(2) compile and publish a list of the firearms so
designated.
``(b) After the end of the 60-day period described in subsection
(a), the Secretary shall, from time to time--
``(1) revise the list published pursuant to subsection
(a)--
``(A) to include in such list any weapon which
meets the requirements of subparagraph (A) or (B) of
subsection (a)(1); and
``(B) to exclude from such list any weapon which is
not described in subsection (a)(1)(A) and which is not
described in subsection (a)(1)(B); and
``(2) publish the revised list.''.
(2) Semiautomatic rifle defined.--Section 921(a) of such
title is amended by adding after the paragraph added by
subsection (b) of this section the following:
``(30) The term `semiautomatic rifle', means--
``(A) a rifle which uses a portion of the force of a fired
cartridge to expel the case of the fired cartridge and load
another cartridge into the firing chamber, and which requires a
separate function of the trigger to fire each cartridge; and
``(B) any part or combination of parts, designed or
intended to convert a rifle into a rifle described in
subparagraph (A).''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 44 of such title is amended by inserting
after the item relating to section 925 the following:
``925A. Designation of restricted weapons.''.
(d) Penalties.--
(1) Unlawful possession or transfer of restricted weapon.--
Section 924(a)(1)(B) of such title, as amended by section
6(b)(2) of this Act, is amended by striking ``or (r)'' and
inserting ``(r), or (s)''.
(2) Enhanced penalty for possession or use of restricted
weapon during crime of violence or drug trafficking crime.--
Section 924(c)(1) of such title is amended by striking ``and if
the firearm is a short-barreled rifle, short-barreled shotgun''
and inserting ``if the firearm is a restricted weapon, a short-
barreled rifle, or a short-barreled shotgun,''.
(e) Regulations Governing Transfer of Restricted Weapons.--
(1) Regulations.--Section 926 of such title is amended by
adding at the end the following:
``(d)(1) Within 60 days after the date of the enactment of this
subsection, the Secretary shall prescribe regulations governing the
transfer of restricted weapons, which shall allow such a transfer to
proceed within 30 days after the Secretary receives such documentation
as the Secretary may require to be submitted with respect to the
transfer, and shall include provisions for determining whether the
transferee is a person described in section 922(g).
``(2) The Secretary may assess a fee of not more than $50 in
connection with the transfer of a restricted weapon.''.
(2) Penalty for violation of regulations.--Section 924(a)
of such title is amended--
(A) in paragraph (1), by striking ``paragraph (2)
or (3) of''; and
(B) by adding at the end the following:
``(5) Whoever transfers a restricted weapon in violation of a
regulation issued under section 926(d)(1) but in an otherwise lawful
manner shall be fined under this title, imprisoned not more than one
year, or both.''.
SEC. 3. PROHIBITION AGAINST CERTAIN EXPORTS OF RESTRICTED WEAPONS.
(a) Prohibition.--Section 922 of title 18, United States Code is
amended by adding after the subsection added by section 2(a) of this
Act the following:
``(t)(1) Except as provided in paragraph (2), it shall be unlawful
to export or attempt to export a restricted weapon.
``(2) Paragraph (1) shall not apply to the exportation of a
restricted weapon--
``(A) by or for the United States or any department or
agency thereof; or
``(B) by or to the government of a foreign country.
``(3) Notwithstanding paragraph (2)(B), it shall be unlawful to
knowingly export or attempt to export a restricted weapon to a country
if the Secretary of State finds that--
``(A) the government of the country engages in a consistent
pattern of gross violations of internationally recognized human
rights; or
``(B) the country has repeatedly provided support for
international terrorism.''.
(b) Penalty.--Section 924(a) of such title, is amended by adding
after the paragraph added by section 2(e)(2)(B) of this Act the
following:
``(6) Whoever knowingly violates section 922(t) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
SEC. 4. PROHIBITION AGAINST MANUFACTURE OF A FIREARM CAPABLE OF
ACCEPTING A SILENCER OR BAYONET WITHOUT ALTERATION.
(a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding after the subsections added by sections 2(a) and 3(a)
of this Act the following:
``(u) It shall be unlawful for any person to manufacture a firearm
to which a firearm silencer or bayonet may be directly attached without
alteration of the firearm.''.
(b) Penalty.--Section 924(a)(1)(B) of such title, as amended by
sections 6(a) and 2(d)(1) of this Act, is amended by striking ``or
(s)'' and inserting ``(s), or (u)''.
SEC. 5. PROHIBITION AGAINST POSSESSION OR TRANSFER OF LARGE CAPACITY
AMMUNITION FEEDING DEVICES.
(a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding after the subsections added by sections 2(a), 3(a),
and 4(a) of this Act the following:
``(v)(1) It shall be unlawful for any person to possess or transfer
any large capacity ammunition feeding device.
``(2) Paragraph (1) shall not apply to any otherwise lawful
possession or otherwise lawful transfer of a large capacity ammunition
feeding device that was lawfully possessed before the date of the
enactment of this subsection.''.
(b) Large Capacity Ammunition Feeding Device Defined.--Section
921(a) of such title is amended by adding after the paragraphs added by
subsections (b) and (c)(2) of section 2 of this Act the following:
``(31)(A) Except as provided in subparagraph (B), the term `large
capacity ammunition feeding device' means--
``(i) a detachable magazine, belt, drum, feed strip, or
similar device which has, or which can be readily restored or
converted to have, a capacity of more than 7 rounds of
ammunition; and
``(ii) any part or combination of parts, designed or
intended to convert a detachable magazine, belt, drum, feed
strip, or similar device into a device described in clause (i).
``(B) The term `large capacity ammunition feeding device' does not
include any attached tubular device designed to accept and capable of
operating with only .22 rimfire caliber ammunition.''.
(c) Penalty.--Section 924(a)(1)(B) of such title, as amended by
sections 6(a), 2(d)(1), and 4(b) of this Act, is amended by striking
``or (u)'' and inserting ``(u), or (v)''.
(d) Regulations.--Section 926 of such title is amended by adding
after the subsection added by section 2(e)(1) of this Act the
following:
``(e) The Secretary shall promulgate regulations requiring
manufacturers of large capacity ammunition feeding devices to stamp
each such device manufactured after the date of the enactment of this
subsection with a permanent distinguishing mark selected in accordance
with regulations.''.
SEC. 6. TECHNICAL CORRECTION RELATING TO FIREARMS LAWS.
(a) In General.--Section 924(a)(1)(B) of title 18, United States
Code, is amended by striking ``(q)'' and inserting ``(r)''.
(b) Effective Date.--The amendment made by this section shall take
effect if such amendment had been included in section 2204 of the Crime
Control Act of 1990 at the time such section 2204 became law.
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