I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Restricted Weapons

3 Act of 1993’’.

4 SEC. 2. PROHIBITION AGAINST POSSESSION AND TRANS5 FER OF RESTRICTED WEAPONS.

6 (a) PROHIBITION.—Section 922 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing:

9 ‘‘(s)(1) Except as provided in paragraphs (2) and (3),

10 it shall be unlawful for any person to possess or transfer

11 a restricted weapon.

12 ‘‘(2) Paragraph (1) shall not apply to any otherwise

13 lawful possession or transfer of a restricted weapon if the

14 weapon was lawfully possessed before the date the weapon

15 was most recently added to the list published pursuant to

16 section 925A.

17 ‘‘(3) It shall be unlawful for any person to transfer

18 a restricted weapon that meets the requirement of para19 graph (2), except in accordance with regulations pre20 scribed by the Secretary.’’.

21 (b) RESTRICTED WEAPON DEFINED.—Section

22 921(a) of such title is amended by adding at the end the

23 following:

24 ‘‘(29) The term ‘restricted weapon’ means any fire25 arm which is on the list most recently published by the

26 Secretary under section 925A.’’.
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1 (c) AUTHORITY OF THE SECRETARY OF THE TREAS2 URY TO DESIGNATE RESTRICTED WEAPONS; PUBLICA3 TION OF LIST.—

4 (1) IN GENERAL.—Chapter 44 of title 18, Unit5 ed States Code, is amended by inserting after sec6 tion 925 the following:

7 ‘‘§ 925A. Designation of restricted weapons

8 ‘‘(a) Within 60 days after the date of the enactment

9 of this section, the Secretary shall—

10 ‘‘(1) designate as a restricted weapon—

11 ‘‘(A) any semiautomatic rifle which is—

12 ‘‘(i) manufactured in the United

13 States; and

14 ‘‘(ii) not generally recognized as par15 ticularly suitable for, or readily adaptable

16 to, sporting purposes; and

17 ‘‘(B) any firearm manufactured outside the

18 United States the importation of which is pro19 hibited under section 925(d); and

20 ‘‘(2) compile and publish a list of the firearms

21 so designated.

22 ‘‘(b) After the end of the 60-day period described in

23 subsection (a), the Secretary shall, from time to time—

24 ‘‘(1) revise the list published pursuant to sub25 section (a)—
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1 ‘‘(A) to include in such list any weapon

2 which meets the requirements of subparagraph

3 (A) or (B) of subsection (a)(1); and

4 ‘‘(B) to exclude from such list any weapon

5 which is not described in subsection (a)(1)(A)

6 and which is not described in subsection

7 (a)(1)(B); and

8 ‘‘(2) publish the revised list.’’.

9 (2) SEMIAUTOMATIC RIFLE DEFINED.—Section

10 921(a) of such title is amended by adding after the

11 paragraph added by subsection (b) of this section

12 the following:

13 ‘‘(30) The term ‘semiautomatic rifle’, means—

14 ‘‘(A) a rifle which uses a portion of the force

15 of a fired cartridge to expel the case of the fired car16 tridge and load another cartridge into the firing

17 chamber, and which requires a separate function of

18 the trigger to fire each cartridge; and

19 ‘‘(B) any part or combination of parts, designed

20 or intended to convert a rifle into a rifle described

21 in subparagraph (A).’’.

22 (3) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 44 of such title is

24 amended by inserting after the item relating to sec25 tion 925 the following:

‘‘925A. Designation of restricted weapons.’’.
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1 (d) PENALTIES.—

2 (1) UNLAWFUL POSSESSION OR TRANSFER OF

3 RESTRICTED WEAPON.—Section 924(a)(1)(B) of

4 such title, as amended by section 6(b)(2) of this Act,

5 is amended by striking ‘‘or (r)’’ and inserting ‘‘(r),

6 or (s)’’.

7 (2) ENHANCED PENALTY FOR POSSESSION OR

8 USE OF RESTRICTED WEAPON DURING CRIME OF VI9 OLENCE OR DRUG TRAFFICKING CRIME.—Section

10 924(c)(1) of such title is amended by striking ‘‘and

11 if the firearm is a short-barreled rifle, short-barreled

12 shotgun’’ and inserting ‘‘if the firearm is a restricted

13 weapon, a short-barreled rifle, or a short-barreled

14 shotgun,’’.

15 (e) REGULATIONS GOVERNING TRANSFER OF RE16 STRICTED WEAPONS.—

17 (1) REGULATIONS.—Section 926 of such title is

18 amended by adding at the end the following:

19 ‘‘(d)(1) Within 60 days after the date of the enact20 ment of this subsection, the Secretary shall prescribe regu21 lations governing the transfer of restricted weapons, which

22 shall allow such a transfer to proceed within 30 days after

23 the Secretary receives such documentation as the Sec24 retary may require to be submitted with respect to the

25 transfer, and shall include provisions for determining
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1 whether the transferee is a person described in section

2 922(g).

3 ‘‘(2) The Secretary may assess a fee of not more than

4 $50 in connection with the transfer of a restricted weap5 on.’’.

6 (2) PENALTY FOR VIOLATION OF REGULA7 TIONS.—Section 924(a) of such title is amended—

8 (A) in paragraph (1), by striking ‘‘para9 graph (2) or (3) of’’; and

10 (B) by adding at the end the following:

11 ‘‘(5) Whoever transfers a restricted weapon in viola12 tion of a regulation issued under section 926(d)(1) but

13 in an otherwise lawful manner shall be fined under this

14 title, imprisoned not more than one year, or both.’’.

15 SEC. 3. PROHIBITION AGAINST CERTAIN EXPORTS OF RE16 STRICTED WEAPONS.

17 (a) PROHIBITION.—Section 922 of title 18, United

18 States Code is amended by adding after the subsection

19 added by section 2(a) of this Act the following:

20 ‘‘(t)(1) Except as provided in paragraph (2), it shall

21 be unlawful to export or attempt to export a restricted

22 weapon.

23 ‘‘(2) Paragraph (1) shall not apply to the exportation

24 of a restricted weapon—
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1 ‘‘(A) by or for the United States or any depart2 ment or agency thereof; or

3 ‘‘(B) by or to the government of a foreign coun4 try.

5 ‘‘(3) Notwithstanding paragraph (2)(B), it shall be

6 unlawful to knowingly export or attempt to export a re7 stricted weapon to a country if the Secretary of State finds

8 that—

9 ‘‘(A) the government of the country engages in

10 a consistent pattern of gross violations of inter11 nationally recognized human rights; or

12 ‘‘(B) the country has repeatedly provided sup13 port for international terrorism.’’.

14 (b) PENALTY.—Section 924(a) of such title, is

15 amended by adding after the paragraph added by section

16 2(e)(2)(B) of this Act the following:

17 ‘‘(6) Whoever knowingly violates section 922(t) shall

18 be fined under this title, imprisoned not more than 5

19 years, or both.’’.

20 SEC. 4. PROHIBITION AGAINST MANUFACTURE OF A FIRE21 ARM CAPABLE OF ACCEPTING A SILENCER

22 OR BAYONET WITHOUT ALTERATION.

23 (a) PROHIBITION.—Section 922 of title 18, United

24 States Code, is amended by adding after the subsections

25 added by sections 2(a) and 3(a) of this Act the following:
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1 ‘‘(u) It shall be unlawful for any person to manufac2 ture a firearm to which a firearm silencer or bayonet may

3 be directly attached without alteration of the firearm.’’.

4 (b) PENALTY.—Section 924(a)(1)(B) of such title, as

5 amended by sections 6(a) and 2(d)(1) of this Act, is

6 amended by striking ‘‘or (s)’’ and inserting ‘‘(s), or (u)’’.

7 SEC. 5. PROHIBITION AGAINST POSSESSION OR TRANSFER

8 OF LARGE CAPACITY AMMUNITION FEEDING

9 DEVICES.

10 (a) PROHIBITION.—Section 922 of title 18, United

11 States Code, is amended by adding after the subsections

12 added by sections 2(a), 3(a), and 4(a) of this Act the fol13 lowing:

14 ‘‘(v)(1) It shall be unlawful for any person to possess

15 or transfer any large capacity ammunition feeding device.

16 ‘‘(2) Paragraph (1) shall not apply to any otherwise

17 lawful possession or otherwise lawful transfer of a large

18 capacity ammunition feeding device that was lawfully pos19 sessed before the date of the enactment of this sub20 section.’’.

21 (b) LARGE CAPACITY AMMUNITION FEEDING DE22 VICE DEFINED.—Section 921(a) of such title is amended

23 by adding after the paragraphs added by subsections (b)

24 and (c)(2) of section 2 of this Act the following:
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1 ‘‘(31)(A) Except as provided in subparagraph (B),

2 the term ‘large capacity ammunition feeding device’

3 means—

4 ‘‘(i) a detachable magazine, belt, drum, feed

5 strip, or similar device which has, or which can be

6 readily restored or converted to have, a capacity of

7 more than 7 rounds of ammunition; and

8 ‘‘(ii) any part or combination of parts, designed

9 or intended to convert a detachable magazine, belt,

10 drum, feed strip, or similar device into a device de11 scribed in clause (i).

12 ‘‘(B) The term ‘large capacity ammunition feeding

13 device’ does not include any attached tubular device de14 signed to accept and capable of operating with only .22

15 rimfire caliber ammunition.’’.

16 (c) PENALTY.—Section 924(a)(1)(B) of such title, as

17 amended by sections 6(a), 2(d)(1), and 4(b) of this Act,

18 is amended by striking ‘‘or (u)’’ and inserting ‘‘(u), or

19 (v)’’.

20 (d) REGULATIONS.—Section 926 of such title is

21 amended by adding after the subsection added by section

22 2(e)(1) of this Act the following:

23 ‘‘(e) The Secretary shall promulgate regulations re24 quiring manufacturers of large capacity ammunition feed25 ing devices to stamp each such device manufactured after
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1 the date of the enactment of this subsection with a perma2 nent distinguishing mark selected in accordance with regu3 lations.’’.

4 SEC. 6. TECHNICAL CORRECTION RELATING TO FIREARMS

5 LAWS.

6 (a) IN GENERAL.—Section 924(a)(1)(B) of title 18,

7 United States Code, is amended by striking ‘‘(q)’’ and in8 serting ‘‘(r)’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 this section shall take effect if such amendment had been

11 included in section 2204 of the Crime Control Act of 1990

12 at the time such section 2204 became law.

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