215
section, section 922(s) of title 18, United States Code,
shall remain in effect in such State and section 922(t) of
such title shall not apply to the State. The Attorney Gen-
eral shall certify if a State subject to the provisions of
section 922(s) under the preceding sentence achieves com-
pliance with its timetable after the date of certification
in paragraph (1) of this subsection, and section 922(t) of
such title shall apply to the State.
(3) Six years after the date of enactment of this Act,
the Attorney General shall certify whether or not a State
is in compliance with subsection (c)(2) of this section and
if the State is not in compliance, section 922(s) of title
18, United States Code, shall apply to the State and sec-
tion 922(t) of such title shall not apply to the State. The
Attorney General shall certify if a State subject to the pro-
visions of section 922(s) under the preceding sentence
achieves compliance with the standards in subsection
(c)(2) of this section, and section 922(s) of title 18, United
States Code, shall not apply to the State and section
922(t) of such title shall apply to the State.
(e) NOTIFICATION
OF LICENSEES.—On establish-
ment of the system under this section, the Attorney Gen-
eral shall notify each licensee and the chief law enforce-
ment officer of each State of the existence and purpose
216
of the system and the means to be used to contact the
system.
(f) ADMINISTRATIVE PROVISIONS.—
(1) AUTHORITY TO OBTAIN OFFICIAL INFORMA-
TION.—Notwithstanding any other law, the Attorney
General may secure directly from any department or
agency of the United States such information on
persons for whom receipt of a firearm would violate
subsection (g) or (n) of section 922 of title 18, Unit-
ed States Code, or any State or local law, as is nec-
essary to enable the system to operate in accordance
with this section. On request of the Attorney Gen-
eral, the head of such department or agency shall
furnish such information to the system.
(2) OTHER AUTHORITY.—The Attorney General
shall develop such computer software, design and ob-
tain such telecommunications and computer hard-
ware, and employ such personnel, as are necessary
to establish and operate the system in accordance
with this section.
(g) CORRECTION OF ERRONEOUS SYSTEM INFORMA-
TION.—If the system established under this section in-
forms an individual contacting the system that receipt of
a firearm by a prospective transferee would violate sub-
section (g) or (n) of section 922 of title 18, United States
217
Code, or any State or local law, the prospective transferee
may request the Attorney General to provide the prospec-
tive transferee with the reasons therefore. Upon receipt
of such a request, the Attorney General shall immediately
comply with the request. The prospective transferee may
submit to the Attorney General information that to cor-
rect, clarify, or supplement records of the system with re-
spect to the prospective transferee. After receipt of such
information, the Attorney General shall immediately con-
sider the information, investigate the matter further, and
correct all erroneous Federal records relating to the pro-
spective transferee and give notice of the error to any Fed-
eral department or agency or any State that was the
source of such erroneous records.
(h) REGULATIONS.—After 90 days notice to the pub-
lic and an opportunity for hearing by interested parties,
the Attorney General shall prescribe regulations to ensure
the privacy and security of the information of the system
established under this section.
(i) PROHIBITIONS RELATING TO ESTABLISHMENT OF
REGISTRATION SYSTEMS WITH RESPECT TO FIREARMS.—
No department, agency, officer, or employee of the United
States may—
(1) require that any record or portion thereof
maintained by the system established under this sec-
218
tion be recorded at or transferred to a facility
owned, managed, or controlled by the United States
or any State or political subdivision thereof; or
(2) use the system established under this sec-
tion to establish any system for the registration of
firearms, firearm owners, or firearm transactions or
dispositions, except with respect to persons prohib-
ited by section 922(g) or (n) of title 18, United
States Code, from receiving a firearm.
(j) DEFINITIONS.—As used in this section:
(1) LICENSEE.—The term ‘‘licensee’’ means a
licensed importer, licensed manufacturer, or licensed
dealer under section 923 of title 18, United States
Code.
(2) OTHER TERMS.—The terms ‘‘firearm’’, ‘‘li-
censed importer’’, ‘‘licensed manufacturer’’, and ‘‘li-
censed dealer’’ have the meanings stated in section
921(a) (3), (9), (10), and (11), respectively, of title
18, United States Code.
SEC. 903. FUNDING FOR IMPROVEMENT OF CRIMINAL
RECORDS.
(a) IMPROVEMENTS IN STATE RECORDS.—
(1) USE OF FORMULA GRANTS.—Section 509(b)
of title I of the Omnibus Crime Control and Safe
219
Streets Act of 1968 (42 U.S.C. 3759(b)) is amend-
ed—
(A) in paragraph (2) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (3) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(4) the improvement of State record systems
and the sharing with the Attorney General of all of
the records described in paragraphs (1), (2), and (3)
of this subsection and the records required by the
Attorney General under section 902 of the Crime
Prevention and Criminal Justice Reform Act, for the
purpose of implementing such Act.’’.
(2) ADDITIONAL FUNDING.—
(A) GRANTS FOR THE IMPROVEMENT OF
CRIMINAL
RECORDS.—The Attorney General,
through the Bureau of Justice Statistics, shall,
subject to appropriations and with preference to
States that as of the date of enactment of this
Act have the lowest percent currency of case
dispositions in computerized criminal history
files, make a grant to each State to be used—
220
(i) for the creation of a computerized
criminal history record system or improve-
ment of an existing system;
(ii) to improve accessibility to the na-
tional instant criminal background system;
and
(iii) upon establishment of the na-
tional system, to assist the State in the
transmittal of criminal records to the na-
tional system.
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated for grants under subparagraph (A) a
total of $100,000,000 for fiscal year 1995 and
all fiscal years thereafter.
(b) WITHHOLDING STATE FUNDS.—Effective on the
date of enactment of this Act the Attorney General may
reduce by up to 50 percent the allocation to a State for
a fiscal year under title I of the Omnibus Crime Control
and Safe Streets Act of 1968 of a State that is not in
compliance with the timetable established for such State
under section 902(c) of this Act.
(c) WITHHOLDING
OF DEPARTMENT
OF JUSTICE
FUNDS.—If the Attorney General does not certify the na-
221
tional instant criminal background check system pursuant
to section 902(d)(1) by—
(1) 30 months after the date of enactment of
this Act the general administrative funds appro-
priated to the Department of Justice for the fiscal
year beginning in the calendar year in which the
date that is 30 months after the date of enactment
of this Act falls shall be reduced by 5 percent on a
monthly basis; and
(2) 42 months after the date of enactment of
this Act the general administrative funds appro-
priated to the Department of Justice for the fiscal
year beginning in the calendar year in which the
date that is 42 months after the date of enactment
of this Act falls shall be reduced by 10 percent on
a monthly basis.
Subtitle B—Semiautomatic Assault
Weapons
SEC. 911. SHORT TITLE.
This subtitle may be cited as the ‘‘Semiautomatic As-
sault Weapon Violence Prevention Act of 1993’’.
SEC. 912. PROHIBITION OF SEMIAUTOMATIC ASSAULT
WEAPONS.
(a) DEFINITIONS.—Section 921(a) of title 18, United
States Code, is amended—
222
(1) in paragraph (28) by striking ‘‘ ‘semiauto-
matic rifle’ means any repeating rifle’’ and inserting
‘‘ ‘semiautomatic firearm’ means a repeating fire-
arm’’; and
(2) by adding at the end the following new
paragraph:
‘‘(29) The term ‘semiautomatic assault weapon’—
‘‘(A) means—
‘‘(i) any of the semiautomatic firearms
known as—
‘‘(I) A.A. Arms AP–9;
‘‘(II) Auto-Ordnance Thompson;
‘‘(III) Barrett Light-Fifty;
‘‘(IV) Beretta AR–70;
‘‘(V) Bushmaster Auto Rifle;
‘‘(VI) Calico M–900 and M–950;
‘‘(VII) Cobray, Ingram and RPB
MAC–10 and MAC–11;
‘‘(VIII) Colt AR–15 and Sporter;
‘‘(IX) Encom MP–9 and MP–45;
‘‘(X) Fabrique Nationale FN/FAL,
FN/LAR, and FNC;
‘‘(XI) Feather AT–9;
‘‘(XII) Federal XP900 and XP450;
‘‘(XIII) Franchi SPAS–12;
223
‘‘(XIV) Intratec TEC–9 and TEC–22;
‘‘(XV) Israeli Military Industries UZI
and Galil;
‘‘(XVI) Iver Johnson Enforcer 3000;
‘‘(XVII) Norinco, Mitchell and Poly
Technologies Avtomat Kalashnikovs;
‘‘(XVIII) Steyr AUG; or
‘‘(XIX) USAS–12;
‘‘(ii) a revolving-cylinder shotgun such as
or similar to the Street Sweeper or Striker 12;
and
‘‘(iii) a semiautomatic firearm designated
by the Secretary as a semiautomatic assault
weapon under section 931; and
‘‘(B) does not include (among other firearms)—
‘‘(i) any of the firearms known as—
‘‘(I) Remington Model 1100 shotgun;
‘‘(II) Remington Model 7400 rifle;
‘‘(III) Mossberg Model 5500 shotgun;
‘‘(IV) HK Model 300 rifle;
‘‘(V) Marlin Model 9 camp carbine;
‘‘(VI) Browning High-Power rifle; or
‘‘(VII) Remington Nylon 66 auto
loading rifle;
224
‘‘(ii) a firearm that is a manually operated
bolt action firearm;
‘‘(iii) a lever action firearm;
‘‘(iv) a slide action firearm; or
‘‘(v) a firearm that has been rendered per-
manently inoperable.’’.
(b) PROHIBITION.—Section 922 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(s)(1) Except as provided in paragraph (2), it shall
be unlawful for a person to transfer or possess a semiauto-
matic assault weapon.
‘‘(2) This subsection does not apply with respect to—
‘‘(A) a transfer to or by, or possession by or
under the authority of the United States or a de-
partment or agency of the United States or a State
or a department, agency, or political subdivision of
a State;
‘‘(B) a lawful transfer or lawful possession of a
semiautomatic assault weapon that was lawfully pos-
sessed before the effective date of this subsection or,
in the case of a semiautomatic firearm that the Sec-
retary designates as a semiautomatic assault weapon
pursuant to section 931, before the date on which
the designation is made; or
225
‘‘(C) the transfer or possession of a semiauto-
matic assault weapon by a licensed manufacturer or
licensed importer for the purposes of testing or ex-
perimentation authorized by the Secretary.’’.
(c) DESIGNATION
OF
SEMIAUTOMATIC
ASSAULT
WEAPONS.—
(1) IN GENERAL.—Chapter 44 of title 18, Unit-
ed States Code, is amended by adding at the end the
following new section:
‘‘§ 931. Designation of semiautomatic assault weapons
‘‘(a) IN GENERAL.—Not later than 180 days after
the date of enactment of this section, and annually there-
after, the Secretary, in consultation with the Attorney
General, shall determine whether any other semiautomatic
firearm (other than a firearm described in section
921(a)(29)(B)) should be designated as a semiautomatic
assault weapon in addition to those previously designated
by section 921(a)(29)(A) or by the Secretary under this
section.
‘‘(b) CRITERIA.—(1) The Secretary shall by regula-
tion designate as a semiautomatic assault weapon a rifle,
pistol, or shotgun that is a semiautomatic firearm and
that is described in paragraph (2), (3), (4), or (5).
226
‘‘(2) A replica or duplicate in any caliber of a semi-
automatic firearm described in section 921(a)(29)(A)(i) is
a semiautomatic assault weapon.
‘‘(3) A rifle that is a semiautomatic firearm is a semi-
automatic assault weapon if it—
‘‘(A) is not generally recognized as being par-
ticularly suitable for or readily adaptable to sporting
purposes;
‘‘(B) has an ability to accept a detachable mag-
azine; and
‘‘(C) has at least 2 of the following characteris-
tics:
‘‘(i) A folding or telescoping stock.
‘‘(ii) A pistol grip that protrudes conspicu-
ously beneath the action of the weapon.
‘‘(iii) A bayonet mount.
‘‘(iv) A flash suppressor or threaded barrel
designed to accommodate a flash suppressor.
‘‘(v) A grenade launcher.
‘‘(4) A pistol that is a semiautomatic firearm is a
semiautomatic assault weapon if it—
‘‘(A) is not generally recognized as being par-
ticularly suitable for or adaptable to sporting pur-
poses; and
227
‘‘(B) has an ability to accept a detachable mag-
azine; and
‘‘(C) has at least 2 of the following characteris-
tics:
‘‘(i) An ammunition magazine that at-
taches to the pistol outside of the pistol grip.
‘‘(ii) A threaded barrel capable of accept-
ing a barrel extender, flash suppressor, forward
hand grip, or silencer.
‘‘(iii) A shroud that is attached to or par-
tially or completely encircles the barrel and that
permits the shooter to hold the firearm with the
second hand without being burned.
‘‘(iv) A manufactured weight of 50 ounces
or more when the pistol is unloaded.
‘‘(v) A semiautomatic version of an auto-
matic firearm.
‘‘(5) A shotgun that is a semiautomatic firearm is
a semiautomatic assault weapon if it—
‘‘(A) is not generally recognized as being par-
ticularly suitable for or adaptable to sporting pur-
poses; and
‘‘(B) has at least 2 of the following characteris-
tics:
‘‘(i) A folding or telescoping stock.
228
‘‘(ii) A pistol grip that protrudes conspicu-
ously beneath the action of the weapon.
‘‘(iii) A fixed magazine capacity in excess
of 6 rounds.
‘‘(iv) An ability to accept a detachable
magazine.’’.
(2) TECHNICAL
AMENDMENT.—The chapter
analysis for chapter 44 of title 18, United States
Code, is amended by adding at the end the following
new item:
‘‘931. Designation of semiautomatic assault weapons.’’.
(d) PENALTIES.—Section 924(a)(1)(B) of title 18,
United States Code, is amended by striking ‘‘or 922(q)’’
and inserting ‘‘922 (q), (r), or (s)’’.
(e) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC
ASSAULT WEAPONS.—Section 923(i) of title 18, United
States Code, is amended by adding at the end the follow-
ing new sentence: ‘‘The serial number of a semiautomatic
assault weapon shall clearly show if the weapon was manu-
factured or imported after the effective date of this sen-
tence.’’.
SEC. 913. PROHIBITION OF LARGE CAPACITY AMMUNITION
FEEDING DEVICES.
(a) PROHIBITION.—Section 922 of title 18, United
States Code, as amended by section 902 of this Act, is
229
amended by adding at the end the following new sub-
section:
‘‘(t)(1) Except as provided in paragraph (2), it shall
be unlawful for a person to transfer or possess a large
capacity ammunition feeding device.
‘‘(2) This subsection does not apply with respect to—
‘‘(A) a transfer to or by, or possession by or
under the authority of, the United States or any de-
partment or agency of the United States or a State,
or a department, agency, or political subdivision of
a State;
‘‘(B) a lawful transfer or lawful possession of a
large capacity ammunition feeding device that was
lawfully possessed before the effective date of this
subsection other than a transfer by a licensed dealer;
or
‘‘(C) the transfer or possession of a large ca-
pacity ammunition feeding device by a licensed man-
ufacturer or licensed importer for the purposes of
testing or experimentation authorized by the Sec-
retary.’’.
(b) LARGE CAPACITY AMMUNITION FEEDING DE-
VICE DEFINED.—Section 921(a) of title 18, United States
Code, as amended by section 902 of this Act, is amended
by adding at the end the following new paragraph:
230
‘‘(30) The term ‘large capacity ammunition feeding
device’—
‘‘(A) means—
‘‘(i) a magazine, belt, drum, feed strip, or
similar device that has a capacity of, or that
can be readily restored or converted to accept,
more than 10 rounds of ammunition; and
‘‘(ii) any combination of parts from which
a device described in clause (i) can be assem-
bled, but
‘‘(B) does not include an attached tubular de-
vice designed to accept and capable of operating only
with .22 caliber rimfire ammunition.’’.
(c) LARGE CAPACITY AMMUNITION FEEDING DE-
VICES DEFINED AND TREATED AS FIREARMS.—Section
921(a)(3) of title 18, United States Code, is amended in
the first sentence—
(1) by striking ‘‘or’’; and
(2) by striking ‘‘device.’’ and inserting ‘‘, or (E)
any large capacity ammunition feeding device.’’.
(d) PENALTY.—Section 924(a)(1)(B) of title 18,
United States Code, as amended by section 912(d) of this
Act, is amended by striking ‘‘or (s)’’ and inserting ‘‘(s),
or (t)’’.
231
(e) IDENTIFICATION MARKINGS FOR LARGE CAPAC-
ITY AMMUNITION FEEDING DEVICES.—Section 923(i) of
title 18, United States Code, is amended by adding at the
end the following new sentence: ‘‘A large capacity ammu-
nition feeding device shall be identified by a serial number
that clearly shows the device was manufactured or im-
ported after the effective date of this subsection, and such
other identification as the Secretary may by regulations
prescribe.’’.
Subtitle C—Gun Violence Liability
SEC. 921. SHORT TITLE.
This subtitle may be cited as the ‘‘Gun Violence Eco-
nomic Equity Act of 1993’’.
SEC. 922. CAUSE OF ACTION; FEDERAL JURISDICTION.
(a) IN GENERAL.—Any person suffering bodily injury
or death as a result of the discharge of a handgun or an
assault weapon may bring an action in any United States
district court against any permissible defendant for dam-
ages and such other relief as the court deems appropriate.
(b) PERMISSIBLE DEFENDANTS.—The following per-
sons are permissible defendants in an action brought
under subsection (a) with respect to a handgun or an as-
sault weapon:
(1) Any manufacturer of the handgun or as-
sault weapon.
232
(2) Any importer of the handgun or assault
weapon.
(3) Any dealer who transferred the handgun or
assault weapon.
SEC. 923. STRICT LIABILITY.
(a) IN GENERAL.—Each defendant in an action
brought under section 922(a) shall be held strictly liable
in tort, without regard to fault or proof of defect, for all
direct and consequential damages that arise from bodily
injury or death proximately resulting from the discharge
of the handgun or assault weapon with respect to which
the defendant is a permissible defendant, except as pro-
vided in subsection (b) of this section.
(b) DEFENSES.—
(1) INJURY WHILE COMMITTING A FELONY.—
There shall be no liability under subsection (a) if it
is established by a preponderance of the evidence
that the plaintiff suffered the injury while commit-
ting a crime punishable by imprisonment for a term
exceeding 1 year.
(2) SELF-INFLICTED INJURY.—There shall be
no liability under subsection (a) if it is established
by a preponderance of the evidence that the plain-
tiff’s injury was self-inflicted.