#21 Description of S.386 Measure, Sponsor and Short Title: S.386 by METZENBAUM (D-OH) -- Assault Weapon Control Act of 1989 Official Title (caption): A bill to control the sale and use of assault weapons. Introduced on Wednesday, February 8, 1989 Cosponsors: Currently 3 total (2 Democrats, 1 Republican) Most recent addition was on Wednesday, February 8, 1989 Committee Referrals: SENATE COMMITTEE ON THE JUDICIARY Committee Schedules Pending for this Measure: Currently, none Most Recent Action: 02/08/89 -- In The SENATE Introduced by METZENBAUM (D-OH) Referred to SENATE COMMITTEE ON THE JUDICIARY Remarks by METZENBAUM (D-OH) in "Congressional Record" (CR Page S-1361) Full text of measure printed in "Congressional Record" (CR Page S-1361) Existing Laws Cited in this Measure: Pub.L. 80-772 -- Crimes and Criminal Procedure, Title 18 U.S.C., Enactment; Trade Secrets Act (Act of 6/25/48) Pub.L. 90-351 SEC. 902 -- Omnibus Crime Control and Safe Street Act of 1968 Identical or Companion Measures: Currently, none S.386 by METZENBAUM (D-OH) -- Assault Weapon Control Act of 1989 S. 386 To control the sale and use of assault weapons. ------------------------------ IN THE SENATE OF THE UNITED STATES February 8 (legislative day, January 3), 1989 Mr. Metzenbaum (for himself, Mr. Chafee, Mr. Pell, and Mr. Cranston) introduced the following bill; which was read twice and referred to the Committee on the Judiciary ------------------------------ A BILL To control the sale and use of assault weapons. ============================== Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be cited as the "Assault Weapon Control Act of 1989". Sec. 2. Section 922 of title 18, United States Code, is amended by adding at the end thereof the following: "(p)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer, import, transport, ship, receive or possess any assault weapon. "(2) This subsection does not apply with respect to-- "(A) transfer, importation, transporting, shipping or receiving to or by, or possession by or under, authority of the United States or any department or agency thereof, or of any State or any department, agency, or political subdivision thereof; or "(B) any lawful transfer or possession of such a weapon that was lawfully possessed before the effective date of this subsection. "(q)(1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer, import, transport, ship, receive or possess a large-capacity detachable magazine or large-capacity ammunition belt, which can be employed by a semiautomatic firearm. "(2) This subsection does not apply with respect to-- "(A) any transfer, importation, transporting, shipping or receiving to or by, or possession by or under, authority of the United States or any department or agency thereof, or of any State or any department, agency, or political subdivision thereof; or "(B) within sixty days of the date of enactment of this Act-- "(i) any possession of such magazine or ammunition belt that was lawfully possessed before the date of this subsection; or "(ii) any transfer, transporting, shipping, or receiving to or by any person for the purpose of sale or donation of such magazines or ammunition belts to the United States or any department or agency thereof, or any State or any department, agency or political subdivision thereof.". Sec. 3. Section 921(a) of title 18, United States Code, is amended by adding at the end thereof the following: "(25) The term 'assault weapon' means all firearms designated as assault weapons in this paragraph and all other semiautomatic firearms which are determined by the Secretary of the Treasury, in consultation with the Attorney General, to be assault weapons, as provided in this Act. Such term shall include, in addition to any other firearm identified by the Secretary, all versions of the following, including firearms sold under the designation provided in this subsection and firearms which are substantially identical sold under any designation: "(A) Avtomat Kalashnikov semiautomatic firearms; "(B) Uzi semiautomatic firearms; "(C) Ingram Mac 10 or 11 semiautomatic firearms; "(D) TEC 9 and TEC 22 semiautomatic firearms; "(E) Ruger Mini 14 semiautomatic firearms; "(F) AR-15 semiautomatic firearms; "(G) Beretta AR 70 semiautomatic firearms; "(H) FN-FAL and FN-FNC semiautomatic firearms; "(I) Steyr Aug semiautomatic firearms; "(J) shotguns with revolving cylinders known as the Street Sweeper and Striker 12; "(K) any other semiautomatic firearm with a fixed magazine capacity exceeding ten rounds; and "(L) any other shotgun with a fixed magazine, cylinder or drum capacity exceeding six rounds. "(26) The term 'large-capacity magazine' means a box, drum or other container which holds more than ten rounds of ammunition to be fed continuously into a semiautomatic firearm, or a magazine which can be readily converted into a large-capacity magazine. "(27) The term 'large-capacity ammunition belt' means a belt or strip which holds more than ten rounds of ammunition to be fed continuously into a semiautomatic firearm, or an ammunition belt which can be readily converted into a large-capacity ammunition belt. "(28) The term 'semiautomatic' means a firearm capable of firing a series of rounds by a successive depression of the trigger without additional slide, bolt or other manual action.". Sec. 4. Title 18, United States Code, is amended by adding the following new section to chapter 44: "Sec. . Identification of assault weapons "(a) The Secretary, in consultation with the Attorney General shall, within thirty days after the date of enactment of this Act, determine which firearms sold, or potentially sold in the United States, in addition to those specifically designated in this Act, shall be designated as assault weapons under the provisions of section 3 of this Act. The Secretary shall publish the list of firearms so designated and take steps to make the list and explanatory information widely available to the public. "(b) The Secretary, after consultation with the Attorney General, may periodically modify the list of firearms designated as assault weapons consistent with this Act. "(c) The Secretary may issue an emergency order, for not longer than ninety days, barring importation and sale of any firearms, which the Secretary has reason to believe may be designated an assault weapon. "(d) Notwithstanding any provision of this Act, no firearm shall be designated as an assault weapon which-- "(1) does not employ fixed ammunition; "(2) was manufactured prior to 1898; "(3) operates by manual bolt action" "(4) operates by lever action; "(5) operates by slide action; "(6) is a single shot weapon; "(7) is a multiple barrel weapon; "(8) is a revolving cylinger weapon other than a shotgun; "(9) employs a fixed magazine with a capacity of ten rounds or less; "(10) is a rimfire weapon that employs a tubular magazine with a magazine capacity of six rounds or less; "(11) cannot employ a detachable magazine or ammunition belt with a capacity greater than ten rounds; or "(12) was modified so as to render it permanently inoperable or so as to make it permanently a device which may not appropriately be designated as an assault weapon. "(e) The Secretary, in consultation with the Attorney General, shall, when appropriate, recommend to Congress any appropriate modification of this Act, including the addition or deletion of firearms to be designated as assault weapons: Provided, That the Secretary shall submit an initial report containing any recommendations regarding the type of firearms designated as assault weapons no later than three months after the date of enactment of this Act.". Sec. 5. Title defendant, be sentenced to a term of imprisonment for not less than five years. "(b) For purposes of this subsection, the term "drug trafficking crime" means any felony violation of Federal law involving the distribution, manufacture, or importation of any controlled substance (as defined in section 102 of the Controlled Substances Act).". Sec. 6. (a) Section 5812 of title 26, United States Code, is amended by inserting the phrase "or assault weapon" after "firearm" wherever it appears. (b) Section 5822 of title 26, United States Code, is amended by inserting the phrase "or assault weapon" after "firearm" wherever it appears. (c) Subsections (a), (b), and (c) of section 5841 of title 26, United States Code, is amended by adding the phrase "or assault weapons" after "firearms" wherever it appears and adding the phrase "or assault weapon" after "firearm" wherever it appears. (d) Section 5841 of title 26, United States Code, is amended by adding the following new subsection: "(f) Any person in the possession of an assault weapon on the date of enactment of this Act shall register such firearm with the Secretary under such regulations as he may prescribe. Such registration shall be required for any type of assault weapon not later than thirty days from the date the Secretary provides public notice that the type of firearm is designated as an assault weapon or promulgates regulations for registration, whichever is later: Provided, That any firearm specifically designated as an assault weapon in paragraphs 921(a)(25)(A)-(I), as added by this Act, shall be registered within thirty days of the promulgation of regulations for registration by the Secretary.". (e) Section 5861 of title 26, United States Code, is amended by adding the following new subsection: "(m) to fail to register an assault weapon in violation of the provisions of this chapter.". (f) Section 5845 of title 26, United States Code, is amended by adding the following new subsection: "(i) Assault Weapons.--The term "assault weapon" shall have the meaning provided in section 921 of title 18.". Sec. 7. Effective Date.--Unless otherwise provided, this Act shall become effective thirty days after the date of enactment of this Act. =============================================================================