I 

109TH CONGRESS 

1ST SESSION H. R. 1312

To reauthorize the assault weapons ban, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2005

Mrs. MCCARTHY introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL

To reauthorize the assault weapons ban, 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,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Assault Weapons Ban 

5 and Law Enforcement Protection Act of 2005’’. 

6 SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED 

7 CRIMINAL PROVISIONS RELATING TO AS8 SAULT WEAPONS AND LARGE CAPACITY AM9 MUNITION FEEDING DEVICES. 

10 (a) REINSTATEMENT OF PROVISIONS WHOLLY RE11 PEALED.—Paragraphs (30) and (31) of section 921(a), 
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1 subsections (v) and (w) and Appendix A of section 922, 

2 and the last 2 sentences of section 923(i) of title 18, 

3 United States Code, as in effect just before the repeal 

4 made by section 110105(2) of the Violent Crime Control 

5 and Law Enforcement Act of 1994, are hereby enacted 

6 into law. 

7 (b) REINSTATEMENT OF PROVISIONS PARTIALLY RE8 PEALED.—Section 924 of title 18, United States Code, is 

9 amended—

10 (1) in subsection (a)(1), by striking subpara11 graph (B) and inserting the following: 

12 ‘‘(B) knowingly violates subsection (a)(4), (f), 

13 (k), (r), (v), or (w) of section 922;’’; and 

14 (2) in subsection (c)(1)(B), by striking clause 

15 (i) and inserting the following: 

16 ‘‘(i) is a short-barreled rifle, short-barreled 

17 shotgun, or semiautomatic assault weapon, the per18 son shall be sentenced to a term of imprisonment of 

19 not less than 10 years; or’’. 

20 SEC. 3. DEFINITIONS. 

21 (a) IN GENERAL.—Section 921(a)(30) of title 18, 

22 United States Code, as added by section 2(a) of this Act, 

23 is amended to read as follows: 

24 ‘‘(30) The term ‘semiautomatic assault weapon’ 

25 means any of the following: 
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1 ‘‘(A) The following rifles or copies or duplicates 

2 thereof: 

3 ‘‘(i) AK, AKM, AKS, AK–47, AK–74, 

4 ARM, MAK90, Misr, NHM 90, NHM 91, SA 

5 85, SA 93, VEPR; 

6 ‘‘(ii) AR–10; 

7 ‘‘(iii) AR–15, Bushmaster XM15, Armalite 

8 M15, or Olympic Arms PCR; 

9 ‘‘(iv) AR70; 

10 ‘‘(v) Calico Liberty; 

11 ‘‘(vi) Dragunov SVD Sniper Rifle or 

12 Dragunov SVU; 

13 ‘‘(vii) Fabrique National FN/FAL, FN/

14 LAR, or FNC; 

15 ‘‘(viii) Hi-Point Carbine; 

16 ‘‘(ix) HK–91, HK–93, HK–94, or HK–

17 PSG–1; 

18 ‘‘(x) Kel-Tec Sub Rifle; 

19 ‘‘(xi) M1 Carbine; 

20 ‘‘(xii) Saiga; 

21 ‘‘(xiii) SAR–8, SAR–4800; 

22 ‘‘(xiv) SKS with detachable magazine; 

23 ‘‘(xv) SLG 95; 

24 ‘‘(xvi) SLR 95 or 96; 

25 ‘‘(xvii) Steyr AUG; 
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1 ‘‘(xviii) Sturm, Ruger Mini–14; 

2 ‘‘(xix) Tavor; 

3 ‘‘(xx) Thompson 1927, Thompson M1, or 

4 Thompson 1927 Commando; or 

5 ‘‘(xxi) Uzi, Galil and Uzi Sporter, Galil 

6 Sporter, or Galil Sniper Rifle (Galatz). 

7 ‘‘(B) The following pistols or copies or dupli8 cates thereof: 

9 ‘‘(i) Calico M–110; 

10 ‘‘(ii) MAC–10, MAC–11, or MPA3; 

11 ‘‘(iii) Olympic Arms OA; 

12 ‘‘(iv) TEC–9, TEC–DC9, TEC–22 Scor13 pion, or AB–10; or 

14 ‘‘(v) Uzi. 

15 ‘‘(C) The following shotguns or copies or dupli16 cates thereof: 

17 ‘‘(i) Armscor 30 BG; 

18 ‘‘(ii) SPAS 12 or LAW 12; 

19 ‘‘(iii) Striker 12; or 

20 ‘‘(iv) Streetsweeper. 

21 ‘‘(D) A semiautomatic rifle that has an ability 

22 to accept a detachable magazine, and that has—

23 ‘‘(i) a folding or telescoping stock; 

24 ‘‘(ii) a threaded barrel; 

25 ‘‘(iii) a pistol grip; 
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1 ‘‘(iv) a forward grip; or 

2 ‘‘(v) a barrel shroud. 

3 ‘‘(E)(i) Except as provided in clause (ii), a 

4 semiautomatic rifle that has a fixed magazine with 

5 the capacity to accept more than 10 rounds. 

6 ‘‘(ii) Clause (i) shall not apply to an attached 

7 tubular device designed to accept, and capable of op8 erating only with, .22 caliber rimfire ammunition. 

9 ‘‘(F) A semiautomatic pistol that has the ability 

10 to accept a detachable magazine, and has—

11 ‘‘(i) a second pistol grip; 

12 ‘‘(ii) a threaded barrel; 

13 ‘‘(iii) a barrel shroud; or 

14 ‘‘(iv) the capacity to accept a detachable 

15 magazine at a location outside of the pistol 

16 grip. 

17 ‘‘(G) A semiautomatic pistol with a fixed maga18 zine that has the capacity to accept more than 10 

19 rounds. 

20 ‘‘(H) A semiautomatic shotgun that has—

21 ‘‘(i) a folding or telescoping stock; 

22 ‘‘(ii) a pistol grip; 

23 ‘‘(iii) the ability to accept a detachable 

24 magazine; or 
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1 ‘‘(iv) a fixed magazine capacity of more 

2 than 5 rounds. 

3 ‘‘(I) A shotgun with a revolving cylinder. 

4 ‘‘(J) A frame or receiver that is identical to, or 

5 based substantially on the frame or receiver of, a 

6 firearm described in any of subparagraphs (A) 

7 through (I) or (L). 

8 ‘‘(K) A conversion kit. 

9 ‘‘(L) A semiautomatic rifle or shotgun origi10 nally designed for military or law enforcement use, 

11 or a firearm based on the design of such a firearm, 

12 that is not particularly suitable for sporting pur13 poses, as determined by the Attorney General. In 

14 making the determination, there shall be a rebut15 table presumption that a firearm procured for use 

16 by the United States military or any Federal law en17 forcement agency is not particularly suitable for 

18 sporting purposes, and a firearm shall not be deter19 mined to be particularly suitable for sporting pur20 poses solely because the firearm is suitable for use 

21 in a sporting event.’’. 

22 (b) RELATED DEFINITIONS.—Section 921(a) of such 

23 title is amended by adding at the end the following: 

24 ‘‘(36) BARREL SHROUD.—The term ‘barrel shroud’ 

25 means a shroud that is attached to, or partially or com-
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1 pletely encircles, the barrel of a firearm so that the shroud 

2 protects the user of the firearm from heat generated by 

3 the barrel, but does not include a slide that encloses the 

4 barrel, and does not include an extension of the stock 

5 along the bottom of the barrel which does not encircle or 

6 substantially encircle the barrel. 

7 ‘‘(37) CONVERSION KIT.—The term ‘conversion kit’ 

8 means any part or combination of parts designed and in9 tended for use in converting a firearm into a semiauto10 matic assault weapon, and any combination of parts from 

11 which a semiautomatic assault weapon can be assembled 

12 if the parts are in the possession or under the control of 

13 a person. 

14 ‘‘(38) DETACHABLE MAGAZINE.—The term ‘detach15 able magazine’ means an ammunition feeding device that 

16 can readily be inserted into a firearm. 

17 ‘‘(39) FIXED MAGAZINE.—The term ‘fixed magazine’ 

18 means an ammunition feeding device contained in, or per19 manently attached to, a firearm. 

20 ‘‘(40) FOLDING OR TELESCOPING STOCK.—The term 

21 ‘folding or telescoping stock’ means a stock that folds, 

22 telescopes, or otherwise operates to reduce the length, size, 

23 or any other dimension, or otherwise enhances the 

24 concealability, of a firearm. 
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1 ‘‘(41) FORWARD GRIP.—The term ‘forward grip’ 

2 means a grip located forward of the trigger that functions 

3 as a pistol grip. 

4 ‘‘(42) PISTOL GRIP.—The term ‘pistol grip’ means 

5 a grip, a thumbhole stock, or any other characteristic that 

6 can function as a grip. 

7 ‘‘(43) THREADED BARREL.—The term ‘threaded 

8 barrel’ means a feature or characteristic that is designed 

9 in such a manner to allow for the attachment of a firearm 

10 as defined in section 5845(a) of the National Firearms 

11 Act (26 U.S.C. 5845(a)).’’. 

12 SEC. 4. GRANDFATHER PROVISION. 

13 Section 922(v)(2) of title 18, United States Code, as 

14 added by section 2(a) of this Act, is amended—

15 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

16 (2) by adding after and below the end the fol17 lowing: 

18 ‘‘(B) Paragraph (1) shall not apply to any firearm 

19 the possession or transfer of which would (but for this sub20 paragraph) be unlawful by reason of this subsection, and 

21 which is otherwise lawfully possessed on the date of the 

22 enactment of this subparagraph.’’. 

23 SEC. 5. REPEAL OF CERTAIN EXEMPTIONS. 

24 Section 922(v)(3) of title 18, United States Code, as 

25 added by section 2(a) of this Act, is amended by striking 
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1 ‘‘(3)’’ and all that follows through the 1st sentence and 

2 inserting the following: 

3 ‘‘(3) Paragraph (1) shall not apply to any firearm 

4 that—

5 ‘‘(A) is manually operated by bolt, pump, level, 

6 or slide action; 

7 ‘‘(B) has been rendered permanently inoperable; 

8 or 

9 ‘‘(C) is an antique firearm.’’. 

10 SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE 

11 TRANSFER OF LAWFULLY POSSESSED SEMI12 AUTOMATIC ASSAULT WEAPONS. 

13 Section 922(v) of title 18, United States Code, as 

14 added by section 2(a) of this Act, is amended by adding 

15 at the end the following: 

16 ‘‘(5) It shall be unlawful for any person to transfer 

17 a semiautomatic assault weapon to which paragraph (1) 

18 does not apply, except through—

19 ‘‘(A) a licensed dealer, and for purposes of sub20 section (t) in the case of such a transfer, the weapon 

21 shall be considered to be transferred from the busi22 ness inventory of the licensed dealer and the dealer 

23 shall be considered to be the transferor; or 

24 ‘‘(B) a State or local law enforcement agency if 

25 the transfer is made in accordance with the proce-
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1 dures provided for in subsection (t) of this section 

2 and section 923(g). 

3 ‘‘(6) The Attorney General shall establish and main4 tain, in a timely manner, a record of the make, model, 

5 and date of manufacture of any semiautomatic assault 

6 weapon which the Attorney General is made aware has 

7 been used in relation to a crime under Federal or State 

8 law, and the nature and circumstances of the crime in9 volved, including the outcome of relevant criminal inves10 tigations and proceedings. The Attorney General shall an11 nually submit the record to the Congress and make the 

12 record available to the general public.’’. 

13 SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR 

14 TRANSFER OF A LARGE CAPACITY AMMUNI15 TION FEEDING DEVICE. 

16 (a) BAN ON TRANSFER OF SEMIAUTOMATIC ASSAULT

17 WEAPON WITH LARGE CAPACITY AMMUNITION FEEDING

18 DEVICE.—

19 (1) IN GENERAL.—Section 922 of title 18, 

20 United States Code, is amended by inserting after 

21 subsection (y) the following: 

22 ‘‘(z) It shall be unlawful for any person to transfer 

23 any assault weapon with a large capacity ammunition 

24 feeding device.’’. 
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1 (2) PENALTIES.—Section 924(a) of such title is 

2 amended by adding at the end the following: 

3 ‘‘(8) Whoever knowingly violates section 922(z) shall 

4 be fined under this title, imprisoned not more than 10 

5 years, or both.’’. 

6 (b) CERTIFICATION REQUIREMENT.—

7 (1) IN GENERAL.—Section 922(w) of such title, 

8 as added by section 2(a) of this Act, is amended—

9 (A) in paragraph (3)—

10 (i) by adding ‘‘or’’ at the end of sub11 paragraph (B); and 

12 (ii) by striking subparagraph (C) and 

13 redesignating subparagraph (D) as sub14 paragraph (C); and 

15 (B) by striking paragraph (4) and insert16 ing the following: 

17 ‘‘(4) It shall be unlawful for a licensed manufacturer, 

18 licensed importer, or licensed dealer who transfers a large 

19 capacity ammunition feeding device that was manufac20 tured on or before the date of the enactment of this sub21 section, to fail to certify to the Attorney General before 

22 the end of the 60-day period that begins with the date 

23 of the transfer, in accordance with regulations prescribed 

24 by the Attorney General, that the device was manufac-
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1 tured on or before the date of the enactment of this sub2 section.’’. 

3 (2) PENALTIES.—Section 924(a) of such title, 

4 as amended by subsection (a)(2) of this section, is 

5 amended by adding at the end the following: 

6 ‘‘(9) Whoever knowingly violates section 922(w)(4) 

7 shall be fined under this title, imprisoned not more than 

8 5 years, or both.’’. 

9 SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES. 

10 Section 922(x) of title 18, United States Code, is 

11 amended—

12 (1) in paragraph (1)—

13 (A) in subparagraph (B), by striking the 

14 period and inserting a semicolon; and 

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

16 ‘‘(C) a semiautomatic assault weapon; or 

17 ‘‘(D) a large capacity ammunition feeding de18 vice.’’; and 

19 (2) in paragraph (2)—

20 (A) in subparagraph (B), by striking the 

21 period and inserting a semicolon; and 

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

23 ‘‘(C) a semiautomatic assault weapon; or 

24 ‘‘(D) a large capacity ammunition feeding de25 vice.’’. 
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1 SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMU2 NITION FEEDING DEVICE. 

3 (a) IN GENERAL.—Section 922(w) of title 18, United 

4 States Code, as added by section 2(a) of this Act, is 

5 amended—

6 (1) in paragraph (1), by striking ‘‘(1) Except as 

7 provided in paragraph (2)’’ and inserting ‘‘(1)(A) 

8 Except as provided in subparagraph (B)’’; 

9 (2) in paragraph (2), by striking ‘‘(2) Para10 graph (1)’’ and inserting ‘‘(B) Subparagraph (A)’’; 

11 and 

12 (3) by inserting before paragraph (3) the fol13 lowing: 

14 ‘‘(2) It shall be unlawful for any person to import 

15 or bring into the United States a large capacity ammuni16 tion feeding device.’’. 

17 (b) CONFORMING AMENDMENT.—Section 

18 921(a)(31)(A) of such title, as added by section 2(a) of 

19 this Act, is amended by striking ‘‘manufactured after the 

20 date of enactment of the Violent Crime Control and Law 

21 Enforcement Act of 1994’’.

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