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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Assault Weapons Ban 
and Law Enforcement Protection Act of 2005’’. 
SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED 
CRIMINAL PROVISIONS RELATING TO AS-
SAULT WEAPONS AND LARGE CAPACITY AM-
MUNITION FEEDING DEVICES. 
(a) REINSTATEMENT OF PROVISIONS WHOLLY RE-
PEALED.—Paragraphs (30) and (31) of section 921(a),
subsections (v) and (w) and Appendix A of section 922, 
and the last 2 sentences of section 923(i) of title 18, 
United States Code, as in effect just before the repeal 
made by section 110105(2) of the Violent Crime Control 
and Law Enforcement Act of 1994, are hereby enacted 
into law. 
(b) REINSTATEMENT OF PROVISIONS PARTIALLY RE-
PEALED.—Section 924 of title 18, United States Code, is 
amended—
(1) in subsection (a)(1), by striking subpara-
graph (B) and inserting the following: 
‘‘(B) knowingly violates subsection (a)(4), (f), 
(k), (r), (v), or (w) of section 922;’’; and 
(2) in subsection (c)(1)(B), by striking clause 
(i) and inserting the following: 
‘‘(i) is a short-barreled rifle, short-barreled 
shotgun, or semiautomatic assault weapon, the per-
son shall be sentenced to a term of imprisonment of 
not less than 10 years; or’’. 
SEC. 3. DEFINITIONS. 
(a) IN GENERAL.—Section 921(a)(30) of title 18, 
United States Code, as added by section 2(a) of this Act, 
is amended to read as follows: 
‘‘(30) The term ‘semiautomatic assault weapon’ 
means any of the following:
‘‘(A) The following rifles or copies or duplicates 
thereof: 
‘‘(i) AK, AKM, AKS, AK–47, AK–74, 
ARM, MAK90, Misr, NHM 90, NHM 91, SA 
85, SA 93, VEPR; 
‘‘(ii) AR–10; 
‘‘(iii) AR–15, Bushmaster XM15, Armalite 
M15, or Olympic Arms PCR; 
‘‘(iv) AR70; 
‘‘(v) Calico Liberty; 
‘‘(vi) Dragunov SVD Sniper Rifle or 
Dragunov SVU; 
‘‘(vii) Fabrique National FN/FAL, FN/
LAR, or FNC; 
‘‘(viii) Hi-Point Carbine; 
‘‘(ix) HK–91, HK–93, HK–94, or HK–
PSG–1; 
‘‘(x) Kel-Tec Sub Rifle; 
‘‘(xi) M1 Carbine; 
‘‘(xii) Saiga; 
‘‘(xiii) SAR–8, SAR–4800; 
‘‘(xiv) SKS with detachable magazine; 
‘‘(xv) SLG 95; 
‘‘(xvi) SLR 95 or 96; 
‘‘(xvii) Steyr AUG;
‘‘(xviii) Sturm, Ruger Mini–14; 
‘‘(xix) Tavor; 
‘‘(xx) Thompson 1927, Thompson M1, or 
Thompson 1927 Commando; or 
‘‘(xxi) Uzi, Galil and Uzi Sporter, Galil 
Sporter, or Galil Sniper Rifle (Galatz). 
‘‘(B) The following pistols or copies or dupli-
cates thereof: 
‘‘(i) Calico M–110; 
‘‘(ii) MAC–10, MAC–11, or MPA3; 
‘‘(iii) Olympic Arms OA; 
‘‘(iv) TEC–9, TEC–DC9, TEC–22 Scor-
pion, or AB–10; or 
‘‘(v) Uzi. 
‘‘(C) The following shotguns or copies or dupli-
cates thereof: 
‘‘(i) Armscor 30 BG; 
‘‘(ii) SPAS 12 or LAW 12; 
‘‘(iii) Striker 12; or 
‘‘(iv) Streetsweeper. 
‘‘(D) A semiautomatic rifle that has an ability 
to accept a detachable magazine, and that has—
‘‘(i) a folding or telescoping stock; 
‘‘(ii) a threaded barrel; 
‘‘(iii) a pistol grip;
‘‘(iv) a forward grip; or 
‘‘(v) a barrel shroud. 
‘‘(E)(i) Except as provided in clause (ii), a 
semiautomatic rifle that has a fixed magazine with 
the capacity to accept more than 10 rounds. 
‘‘(ii) Clause (i) shall not apply to an attached 
tubular device designed to accept, and capable of op-
erating only with, .22 caliber rimfire ammunition. 
‘‘(F) A semiautomatic pistol that has the ability 
to accept a detachable magazine, and has—
‘‘(i) a second pistol grip; 
‘‘(ii) a threaded barrel; 
‘‘(iii) a barrel shroud; or 
‘‘(iv) the capacity to accept a detachable 
magazine at a location outside of the pistol 
grip. 
‘‘(G) A semiautomatic pistol with a fixed maga-
zine that has the capacity to accept more than 10 
rounds. 
‘‘(H) A semiautomatic shotgun that has—
‘‘(i) a folding or telescoping stock; 
‘‘(ii) a pistol grip; 
‘‘(iii) the ability to accept a detachable 
magazine; or
‘‘(iv) a fixed magazine capacity of more 
than 5 rounds. 
‘‘(I) A shotgun with a revolving cylinder. 
‘‘(J) A frame or receiver that is identical to, or 
based substantially on the frame or receiver of, a 
firearm described in any of subparagraphs (A) 
through (I) or (L). 
‘‘(K) A conversion kit. 
‘‘(L) A semiautomatic rifle or shotgun origi-
nally designed for military or law enforcement use, 
or a firearm based on the design of such a firearm, 
that is not particularly suitable for sporting pur-
poses, as determined by the Attorney General. In 
making the determination, there shall be a rebut-
table presumption that a firearm procured for use 
by the United States military or any Federal law en-
forcement agency is not particularly suitable for 
sporting purposes, and a firearm shall not be deter-
mined to be particularly suitable for sporting pur-
poses solely because the firearm is suitable for use 
in a sporting event.’’. 
(b) RELATED DEFINITIONS.—Section 921(a) of such 
title is amended by adding at the end the following: 
‘‘(36) BARREL SHROUD.—The term ‘barrel shroud’ 
means a shroud that is attached to, or partially or com-
pletely encircles, the barrel of a firearm so that the shroud 
protects the user of the firearm from heat generated by 
the barrel, but does not include a slide that encloses the 
barrel, and does not include an extension of the stock 
along the bottom of the barrel which does not encircle or 
substantially encircle the barrel. 
‘‘(37) CONVERSION KIT.—The term ‘conversion kit’ 
means any part or combination of parts designed and in-
tended for use in converting a firearm into a semiauto-
matic assault weapon, and any combination of parts from 
which a semiautomatic assault weapon can be assembled 
if the parts are in the possession or under the control of 
a person. 
‘‘(38) DETACHABLE MAGAZINE.—The term ‘detach-
able magazine’ means an ammunition feeding device that 
can readily be inserted into a firearm. 
‘‘(39) FIXED MAGAZINE.—The term ‘fixed magazine’ 
means an ammunition feeding device contained in, or per-
manently attached to, a firearm. 
‘‘(40) FOLDING OR TELESCOPING STOCK.—The term 
‘folding or telescoping stock’ means a stock that folds, 
telescopes, or otherwise operates to reduce the length, size, 
or any other dimension, or otherwise enhances the 
concealability, of a firearm.
‘‘(41) FORWARD GRIP.—The term ‘forward grip’ 
means a grip located forward of the trigger that functions 
as a pistol grip. 
‘‘(42) PISTOL GRIP.—The term ‘pistol grip’ means 
a grip, a thumbhole stock, or any other characteristic that 
can function as a grip. 
‘‘(43) THREADED BARREL.—The term ‘threaded 
barrel’ means a feature or characteristic that is designed 
in such a manner to allow for the attachment of a firearm 
as defined in section 5845(a) of the National Firearms 
Act (26 U.S.C. 5845(a)).’’. 
SEC. 4. GRANDFATHER PROVISION. 
Section 922(v)(2) of title 18, United States Code, as 
added by section 2(a) of this Act, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 
(2) by adding after and below the end the fol-
lowing: 
‘‘(B) Paragraph (1) shall not apply to any firearm 
the possession or transfer of which would (but for this sub-
paragraph) be unlawful by reason of this subsection, and 
which is otherwise lawfully possessed on the date of the 
enactment of this subparagraph.’’. 
SEC. 5. REPEAL OF CERTAIN EXEMPTIONS. 
Section 922(v)(3) of title 18, United States Code, as 
added by section 2(a) of this Act, is amended by striking
‘‘(3)’’ and all that follows through the 1st sentence and 
inserting the following: 
‘‘(3) Paragraph (1) shall not apply to any firearm 
that—
‘‘(A) is manually operated by bolt, pump, level, 
or slide action; 
‘‘(B) has been rendered permanently inoperable; 
or 
‘‘(C) is an antique firearm.’’. 
SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE 
TRANSFER OF LAWFULLY POSSESSED SEMI-
AUTOMATIC ASSAULT WEAPONS. 
Section 922(v) of title 18, United States Code, as 
added by section 2(a) of this Act, is amended by adding 
at the end the following: 
‘‘(5) It shall be unlawful for any person to transfer 
a semiautomatic assault weapon to which paragraph (1) 
does not apply, except through—
‘‘(A) a licensed dealer, and for purposes of sub-
section (t) in the case of such a transfer, the weapon 
shall be considered to be transferred from the busi-
ness inventory of the licensed dealer and the dealer 
shall be considered to be the transferor; or 
‘‘(B) a State or local law enforcement agency if 
the transfer is made in accordance with the proce-
dures provided for in subsection (t) of this section 
and section 923(g). 
‘‘(6) The Attorney General shall establish and main-
tain, in a timely manner, a record of the make, model, 
and date of manufacture of any semiautomatic assault 
weapon which the Attorney General is made aware has 
been used in relation to a crime under Federal or State 
law, and the nature and circumstances of the crime in-
volved, including the outcome of relevant criminal inves-
tigations and proceedings. The Attorney General shall an-
nually submit the record to the Congress and make the 
record available to the general public.’’. 
SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR 
TRANSFER OF A LARGE CAPACITY AMMUNI-
TION FEEDING DEVICE. 
(a) BAN ON TRANSFER OF SEMIAUTOMATIC ASSAULT 
WEAPON WITH LARGE CAPACITY AMMUNITION FEEDING 
DEVICE.—
(1) IN
GENERAL.—Section 922 of title 18, 
United States Code, is amended by inserting after 
subsection (y) the following: 
‘‘(z) It shall be unlawful for any person to transfer 
any assault weapon with a large capacity ammunition 
feeding device.’’.
(2) PENALTIES.—Section 924(a) of such title is 
amended by adding at the end the following: 
‘‘(8) Whoever knowingly violates section 922(z) shall 
be fined under this title, imprisoned not more than 10 
years, or both.’’. 
(b) CERTIFICATION REQUIREMENT.—
(1) IN GENERAL.—Section 922(w) of such title, 
as added by section 2(a) of this Act, is amended—
(A) in paragraph (3)—
(i) by adding ‘‘or’’ at the end of sub-
paragraph (B); and 
(ii) by striking subparagraph (C) and 
redesignating subparagraph (D) as sub-
paragraph (C); and 
(B) by striking paragraph (4) and insert-
ing the following: 
‘‘(4) It shall be unlawful for a licensed manufacturer, 
licensed importer, or licensed dealer who transfers a large 
capacity ammunition feeding device that was manufac-
tured on or before the date of the enactment of this sub-
section, to fail to certify to the Attorney General before 
the end of the 60-day period that begins with the date 
of the transfer, in accordance with regulations prescribed 
by the Attorney General, that the device was manufac-