II 

109TH CONGRESS 

1ST SESSION S. 645 

To reinstate the Public Safety and Recreational Firearms Use Protection 

Act. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2005 

Mr. LAUTENBERG (for himself, Mr. CORZINE, Mr. SCHUMER, Mrs. BOXER, 

Mr. KENNEDY, Mr. DURBIN, Ms. MIKULSKI, Mr. SARBANES, Mr. REED, 

Mr. AKAKA, Mr. DODD, and Mrs. CLINTON) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reinstate the Public Safety and Recreational Firearms 

Use Protection Act. 

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’’. 
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1 SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND 

2 POSSESSION OF CERTAIN SEMIAUTOMATIC 

3 ASSAULT WEAPONS. 

4 (a) RESTRICTION.—Section 922 of title 18, United 

5 States Code, is amended by adding after subsection (u) 

6 the following: 

7 ‘‘(v)(1) It shall be unlawful for a person to manufac8 ture, transfer, or possess a semiautomatic assault weapon. 

9 ‘‘(2) Paragraph (1) shall not apply to the possession 

10 or transfer of any semiautomatic assault weapon otherwise 

11 lawfully possessed under Federal law on the date of enact12 ment of this subsection. 

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

14 that— 

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

16 or slide action; 

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

18 or 

19 ‘‘(C) is an antique firearm. 

20 ‘‘(4) Paragraph (1) shall not apply to— 

21 ‘‘(A) the manufacture for, transfer to, or pos22 session by the United States or a department or 

23 agency of the United States or a State or a depart24 ment, agency, or political subdivision of a State, or 

25 a transfer to or possession by a law enforcement of-
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1 ficer employed by such an entity for purposes of law 

2 enforcement (whether on or off duty); 

3 ‘‘(B) the transfer to a licensee under title I of 

4 the Atomic Energy Act of 1954 for purposes of es5 tablishing and maintaining an onsite physical protec6 tion system and security organization required by 

7 Federal law, or possession by an employee or con8 tractor of such licensee onsite for such purposes or 

9 off-site for purposes of licensee-authorized training 

10 or transportation of nuclear materials; 

11 ‘‘(C) the possession, by an individual who is re12 tired from service with a law enforcement agency 

13 and is not otherwise prohibited from receiving a fire14 arm, of a semiautomatic assault weapon transferred 

15 to the individual by the agency upon such retire16 ment; or 

17 ‘‘(D) the manufacture, transfer, or possession 

18 of a semiautomatic assault weapon by a licensed 

19 manufacturer or licensed importer for the purposes 

20 of testing or experimentation authorized by the Sec21 retary. 

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

23 a semiautomatic assault weapon to which paragraph (1) 

24 does not apply, except through— 
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1 ‘‘(A) a licensed dealer, and for purposes of sub2 section (t) in the case of such a transfer, the weapon 

3 shall be considered to be transferred from the busi4 ness inventory of the licensed dealer and the dealer 

5 shall be considered to be the transferor; or 

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

7 the transfer is made in accordance with the proce8 dures provided for in subsection (t) of this section 

9 and section 923(g). 

10 ‘‘(6) The Attorney General shall establish and main11 tain, in a timely manner, a record of the make, model, 

12 and date of manufacture of any semiautomatic assault 

13 weapon which the Attorney General is made aware has 

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

15 law, and the nature and circumstances of the crime in16 volved, including the outcome of relevant criminal inves17 tigations and proceedings. The Attorney General shall an18 nually submit the record to Congress and make the record 

19 available to the general public.’’. 

20 (b) DEFINITION OF SEMIAUTOMATIC ASSAULT

21 WEAPON.—Section 921(a) of title 18, United States Code, 

22 is amended by adding after paragraph (29) the following: 

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

24 means any of the following: 
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1 ‘‘(A) RIFLES.—The following rifles or copies or 

2 duplicates 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) PISTOLS.—The following pistols or copies 

8 or duplicates 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) SHOTGUNS.—The following shotguns or 

16 copies or duplicates thereof— 

17 ‘‘(i) Armscor 30 BG; 

18 ‘‘(ii) SPAS 12 or LAW 12; 

19 ‘‘(iii) Striker 12; or 

20 ‘‘(iv) Streetsweeper. 

21 ‘‘(D) DETACHABLE MAGAZINE RIFLES.—A 

22 semiautomatic rifle that has an ability to accept a 

23 detachable magazine, and that has— 

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

25 ‘‘(ii) a threaded barrel; 
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1 ‘‘(iii) a pistol grip; 

2 ‘‘(iv) a forward grip; or 

3 ‘‘(v) a barrel shroud. 

4 ‘‘(E) FIXED MAGAZINE RIFLES.—A semiauto5 matic rifle that has a fixed magazine with the capac6 ity to accept more than 10 rounds, except for an at7 tached tubular device designed to accept, and capa8 ble of operating only with, .22 caliber rimfire ammu9 nition. 

10 ‘‘(F) DETACHABLE MAGAZINE PISTOLS.—A 

11 semiautomatic pistol that has the ability to accept a 

12 detachable magazine, and has— 

13 ‘‘(i) a second pistol grip; 

14 ‘‘(ii) a threaded barrel; 

15 ‘‘(iii) a barrel shroud; or 

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

17 magazine at a location outside of the pistol 

18 grip. 

19 ‘‘(G) FIXED MAGAZINE PISTOLS.—A semiauto20 matic pistol with a fixed magazine that has the ca21 pacity to accept more than 10 rounds. 

22 ‘‘(H) SEMIAUTOMATIC SHOTGUNS.—A semi23 automatic shotgun that has— 

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

25 ‘‘(ii) a pistol grip; 
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1 ‘‘(iii) the ability to accept a detachable 

2 magazine; or 

3 ‘‘(iv) a fixed magazine capacity of more 

4 than 5 rounds. 

5 ‘‘(I) OTHER SHOTGUNS.—A shotgun with a re6 volving cylinder. 

7 ‘‘(J) FRAMES OR RECEIVERS.—A frame or re8 ceiver that is identical to, or based substantially on 

9 the frame or receiver of, a firearm described in any 

10 of subparagraphs (A) through (I) or (L). 

11 ‘‘(K) CONVERSION KITS.—A conversion kit. 

12 ‘‘(L) MILITARY OR LAW ENFORCMENT WEAP13 ONS.—A semiautomatic rifle or shotgun originally 

14 designed for military or law enforcement use, or a 

15 firearm based on the design of such a firearm, that 

16 is not particularly suitable for sporting purposes, as 

17 determined by the Attorney General. In making the 

18 determination, there shall be a rebuttable presump19 tion that a firearm procured for use by the United 

20 States military or any Federal law enforcement 

21 agency is not particularly suitable for sporting pur22 poses, and a firearm shall not be determined to be 

23 particularly suitable for sporting purposes solely be24 cause the firearm is suitable for use in a sporting 

25 event.’’. 
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1 (c) PENALTIES.— 

2 (1) VIOLATION OF SECTION 922(v).—Section 

3 924(a)(1)(B) of title 18, United States Code, is 

4 amended by striking ‘‘or (q) of section 922’’ and in5 serting ‘‘(r), or (v) of section 922’’. 

6 (2) USE OR POSSESSION DURING CRIME OF VIO7 LENCE OR DRUG TRAFFICKING CRIME.—Section 

8 924(c)(1)(B)(i) of title 18, United States Code, is 

9 amended by inserting ‘‘or semiautomatic assault 

10 weapon,’’ after ‘‘short-barreled shotgun,’’. 

11 (d) IDENTIFICATION MARKINGS FOR SEMIAUTO12 MATIC ASSAULT WEAPONS.—Section 923(i) of title 18, 

13 United States Code, is amended by adding at the end the 

14 following: ‘‘The serial number of any semiautomatic as15 sault weapon manufactured after the date of the enact16 ment of this sentence shall clearly show the date on which 

17 the weapon was manufactured.’’. 

18 (e) RELATED DEFINITIONS.—Section 921(a) of such 

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

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

21 means a shroud that is attached to, or partially or com22 pletely encircles, the barrel of a firearm so that the shroud 

23 protects the user of the firearm from heat generated by 

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

25 barrel, and does not include an extension of the stock 
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1 along the bottom of the barrel which does not encircle or 

2 substantially encircle the barrel. 

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

4 means any part or combination of parts designed and in5 tended for use in converting a firearm into a semiauto6 matic assault weapon, and any combination of parts from 

7 which a semiautomatic assault weapon can be assembled 

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

9 a person. 

10 ‘‘(38) DETACHABLE MAGAZINE.—The term ‘detach11 able magazine’ means an ammunition feeding device that 

12 can readily be inserted into a firearm. 

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

14 means an ammunition feeding device contained in, or per15 manently attached to, a firearm. 

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

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

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

19 or any other dimension, or otherwise enhances the 

20 concealability, of a firearm. 

21 ‘‘(41) FORWARD GRIP.—The term ‘forward grip’ 

22 means a grip located forward of the trigger that functions 

23 as a pistol grip. 
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1 ‘‘(42) PISTOL GRIP.—The term ‘pistol grip’ means a 

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

3 can function as a grip. 

4 ‘‘(43) THREADED BARREL.—The term ‘threaded bar5 rel’ means a feature or characteristic that is designed in 

6 such a manner to allow for the attachment of a firearm 

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

8 Act (26 U.S.C. 5845(a)).’’. 

9 SEC. 3. BAN OF LARGE CAPACITY AMMUNITION FEEDING 

10 DEVICES. 

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

12 States Code, as amended by section 2(a), is amended by 

13 adding after subsection (v) the following: 

14 ‘‘(w)(1)(A) Except as provided in subparagraph (B), 

15 it shall be unlawful for a person to transfer or possess 

16 a large capacity ammunition feeding device. 

17 ‘‘(B) Subparagraph (A) shall not apply to the posses18 sion or transfer of any large capacity ammunition feeding 

19 device otherwise lawfully possessed in the United States 

20 on the date of enactment of this subsection. 

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

22 or bring into the United States a large capacity ammuni23 tion feeding device. 

24 ‘‘(3) This subsection shall not apply to— 
12 

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1 ‘‘(A) the manufacture for, transfer to, or pos2 session by the United States or a department or 

3 agency of the United States or a State or a depart4 ment, agency, or political subdivision of a State, or 

5 a transfer to or possession by a law enforcement of6 ficer employed by such an entity for purposes of law 

7 enforcement (whether on or off duty); 

8 ‘‘(B) the transfer to a licensee under title I of 

9 the Atomic Energy Act of 1954 for purposes of es10 tablishing and maintaining an onsite physical protec11 tion system and security organization required by 

12 Federal law, or possession by an employee or con13 tractor of such licensee onsite for such purposes or 

14 off-site for purposes of licensee-authorized training 

15 or transportation of nuclear materials; or 

16 ‘‘(C) the manufacture, transfer, or possession of 

17 any large capacity ammunition feeding device by a 

18 licensed manufacturer or licensed importer for the 

19 purposes of testing or experimentation authorized by 

20 the Secretary. 

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

22 licensed importer, or licensed dealer who transfers a large 

23 capacity ammunition feeding device that was manufac24 tured on or before the date of enactment of this sub25 section, to fail to certify to the Attorney General before 
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1 the end of the 60-day period that begins with the date 

2 of the transfer, in accordance with regulations prescribed 

3 by the Attorney General, that the device was manufac4 tured on or before the date of enactment of this sub5 section.’’. 

6 (b) DEFINITION OF LARGE CAPACITY AMMUNITION

7 FEEDING DEVICE.—Section 921(a) of title 18, United 

8 States Code, as amended by section 2(b), is amended by 

9 adding after paragraph (30) the following: 

10 ‘‘(31) The term ‘large capacity ammunition feeding 

11 device’— 

12 ‘‘(A) means a magazine, belt, drum, feed strip, 

13 or similar device that has a capacity of, or that can 

14 be readily restored or converted to accept, more than 

15 10 rounds of ammunition; but 

16 ‘‘(B) does not include an attached tubular de17 vice designed to accept, and capable of operating 

18 only with, .22 caliber rimfire ammunition.’’. 

19 (c) PENALTY.—Section 924(a)(1)(B) of title 18, 

20 United States Code, as amended by section 2(c), is amend21 ed by striking ‘‘or (v)’’ and inserting ‘‘(v), or (w)’’. 

22 (d) IDENTIFICATION MARKINGS FOR LARGE CAPAC23 ITY AMMUNITION FEEDING DEVICES.—Section 923(i) of 

24 title 18, United States Code, as amended by section 2(d), 

25 is amended by adding at the end the following: ‘‘A large 
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1 capacity ammunition feeding device manufactured after 

2 the date of the enactment of this sentence shall be identi3 fied by a serial number that clearly shows that the device 

4 was manufactured or imported after the effective date of 

5 this subsection, and such other identification as the Attor6 ney General may by regulation prescribe. 

7 (e) BAN ON TRANSFER OF SEMIAUTOMATIC ASSAULT

8 WEAPON WITH LARGE CAPACITY AMMUNITION FEEDING

9 DEVICE.— 

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

11 United States Code, is amended by inserting at the 

12 end the following: 

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

14 any assault weapon with a large capacity ammunition 

15 feeding device.’’. 

16 (2) PENALTIES.—Section 924(a) of title 18, 

17 United States Code, is amended by adding at the 

18 end the following: 

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

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

21 years, or both. 

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

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

24 5 years, or both.’’. 
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1 SEC. 4. STUDY BY ATTORNEY GENERAL. 

2 (a) STUDY.—The Attorney General shall investigate 

3 and study the effect of this Act and the amendments made 

4 by this Act, and in particular shall determine their impact, 

5 if any, on violent and drug trafficking crime. The study 

6 shall be conducted over a period of 18 months, com7 mencing 12 months after the date of enactment of this 

8 Act. 

9 (b) REPORT.—Not later than 30 months after the 

10 date of enactment of this Act, the Attorney General shall 

11 prepare and submit to Congress a report setting forth in 

12 detail the findings and determinations made in the study 

13 under subsection (a). 

14 SEC. 5. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES. 

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

16 amended— 

17 (1) in paragraph (1)— 

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

19 period and inserting a semicolon; and 

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

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

22 ‘‘(D) a large capacity ammunition feeding de23 vice.’’; and 

24 (2) in paragraph (2)— 

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

26 period and inserting a semicolon; and 
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1 (B) by adding at the end the following: 

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

3 ‘‘(D) a large capacity ammunition feeding de4 vice.’’. 

5 SEC. 6. EFFECTIVE DATE. 

6 This Act and the amendments made by this Act shall 

7 take effect on the date of enactment of this Act. 

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