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-   -   Gun Ban Legislation Introduced (http://cellar.org/showthread.php?t=18914)

Big Sarge 12-04-2008 09:38 PM

Gun Ban Legislation Introduced
 
The House has a bill calling for another assault weapons ban. Initially, it is quite similar to the ban in the Clinton administration. Read a little further and you will get quite a shock. The appendix is identifying bolt action and single shot weapons. Heck, they even want to ban reproductions of the 1860 Henry rifle

http://thomas.loc.gov/cgi-bin/query/...10HGgfQv:e873:

TheMercenary 12-04-2008 09:41 PM

Here we go again.

Bullitt 12-04-2008 10:18 PM

Son of a ass, knew I shouldn't have put off getting that rifle till Feb....

busterb 12-04-2008 11:21 PM

Link is dead

xoxoxoBruce 12-05-2008 12:15 AM

H.R. 6257: Assault Weapons Ban Reauthorization Act of 2008
Sponsor: Rep. Mark Kirk [R-IL]
Cosponsors [as of 2008-11-07]
Rep. Ileana Ros-Lehtinen [R-FL]
Rep. Michael Ferguson [R-NJ]
Rep. Christopher Shays [R-CT]
Rep. Michael Castle [R-DE]
Quote:

SEC. 2. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

(a) RESTRICTION- Section 922 of title 18, United States Code, is amended by adding after subsection (u) the following:

`(v)(1) It shall be unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon.

`(2) Paragraph (1) shall not apply to the possession or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of the enactment of this subsection.

`(3) Paragraph (1) shall not apply to--

`(A) any of the firearms, or replicas or duplicates of the firearms, specified in appendix A to this section, as such firearms were manufactured on October 1, 1993;

`(B) any firearm that--

`(i) is manually operated by bolt, pump, lever, or slide action;

`(ii) has been rendered permanently inoperable; or

`(iii) is an antique firearm;

`(C) any semiautomatic rifle that cannot accept a detachable magazine that holds more than 5 rounds of ammunition; or

`(D) any semiautomatic shotgun that cannot hold more than 5 rounds of ammunition in a fixed or detachable magazine.

The fact that a firearm is not listed in appendix A shall not be construed to mean that paragraph (1) applies to such firearm. No firearm exempted by this subsection may be deleted from appendix A so long as this subsection is in effect.

`(4) Paragraph (1) shall not apply to--

`(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States (including the United States Armed Forces and, under regulations pursuant to title 50, United States Code, the National Guard and Reserve), or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

`(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon transferred to the individual by the agency upon such retirement; or

`(D) the manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.'.

(b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON- Section 921(a) of title 18, United States Code, is amended by adding after paragraph (29) the following:

`(30) The term `semiautomatic assault weapon' means--

`(A) any of the firearms, or copies or duplicates of the firearms in any caliber, known as--

`(i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models);

`(ii) Action Arms Israeli Military Industries UZI and Galil;

`(iii) Beretta Ar70 (SC-70);

`(iv) Colt AR-15;

`(v) Fabrique National FN/FAL, FN/LAR, and FNC;

`(vi) SWD M-10, M-11, M-11/9, and M-12;

`(vii) Steyr AUG;

`(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and

`(ix) revolving cylinder shotguns, such as (or similar to) the Street Sweeper and Striker 12;

`(B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of--

`(i) a folding or telescoping stock;

`(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

`(iii) a bayonet mount;

`(iv) a flash suppressor or threaded barrel designed to accommodate a flash suppressor; and

`(v) a grenade launcher;

`(C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of--

`(i) an ammunition magazine that attaches to the pistol outside of the pistol grip;

`(ii) a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

`(iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

`(iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and

`(v) a semiautomatic version of an automatic firearm; and

`(D) a semiautomatic shotgun that has at least 2 of--

`(i) a folding or telescoping stock;

`(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon;

`(iii) a fixed magazine capacity in excess of 5 rounds; and

`(iv) an ability to accept a detachable magazine.'.

(c) PENALTIES-

(1) VIOLATION OF SECTION 922(v)- Section 924(a)(1)(B) of title 18, United States Code, is amended by striking `or (q) of section 922' and inserting `(r), or (v) of section 922'.

(2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME- Section 924(c)(1)(B)(i) of title 18, United States Code, is amended by inserting `or semiautomatic assault weapon,' after `short-barreled shotgun,'.

(d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT WEAPONS- Section 923(i) of title 18, United States Code, is amended by adding at the end the following: `The serial number of any semiautomatic assault weapon manufactured after the date of the enactment of this sentence shall clearly show the date on which the weapon was manufactured.'.

SEC. 3. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) PROHIBITION- Section 922 of title 18, United States Code, as amended by section 2(a), is amended by adding after subsection (v) the following:

`(w)(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) Paragraph (1) shall not apply to the possession or transfer of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of the enactment of this subsection.

`(3) This subsection shall not apply to--

`(A) the manufacture for, transfer to, or possession by the United States or a department or agency of the United States (including the United States Armed Forces and, under regulations pursuant to title 50, United States Code, the National Guard and Reserve), or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);

`(B) the transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon such retirement; or

`(D) the manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.'.

`(4) If a person charged with violating paragraph (1) asserts that paragraph (1) does not apply to such person because of paragraph (2) or (3), the Government shall have the burden of proof to show that such paragraph (1) applies to such person. The lack of a serial number as described in section 923(i) of title 18, United States Code, shall be a presumption that the large capacity ammunition feeding device is not subject to the prohibition of possession in paragraph (1).'.

(b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE- Section 921(a) of title 18, United States Code, as amended by section 2(b), is amended by adding after paragraph (30) the following:

`(31) The term `large capacity ammunition feeding device'--

`(A) means a magazine, belt, drum, feed strip, or similar device manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994 that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but

`(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'.

(c) PENALTY- Section 924(a)(1)(B) of title 18, United States Code, as amended by section 2(c), is amended by striking `or (v)' and inserting `(v), or (w)'.

(d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES- Section 923(i) of title 18, United States Code, as amended by section 2(d), is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured or imported after the effective date of this subsection, and such other identification as the Attorney General may by regulation prescribe.'.
:mad:

Big Sarge 12-05-2008 12:40 AM

Check the Appendix. That was wgere they added the lever actions, bolt actions, and single shots

xoxoxoBruce 12-05-2008 01:00 AM

Yeah, I see them. I own a number of the bolt action Ruger M77s and some others on the list, not to mention 4 in section 2. Not one of them is anything close to an "assault rifle" except maybe the Colt AR-15 sporter.

Damn Republicans.

TheMercenary 12-05-2008 06:32 PM

Told ya so.

Elspode 12-05-2008 07:27 PM

Interesting that all the sponsors are Republicans. I thought the Democrats were the ones who wanted to disarm us?

xoxoxoBruce 12-06-2008 02:31 AM

Quote:

Originally Posted by TheMercenary (Post 511105)
Told ya so.

Oh, what did you tell us?

TheMercenary 12-06-2008 06:17 AM

The end is near and the second coming of christ is just around the corner. Ask Nostradamus, he told me first.

xoxoxoBruce 12-06-2008 11:35 AM

Hmmm, that's what I thought. :eyebrow:

lumberjim 12-06-2008 12:15 PM

I just heard on the radio that Bush had passed something allowing conceal and carry in National Parks.

Trilby 12-06-2008 12:45 PM

Quote:

Originally Posted by lumberjim (Post 511262)
I just heard on the radio that Bush had passed something allowing conceal and carry in National Parks.

You've gotta be able to protect your pick-a-nick basket.

Ruminator 12-06-2008 05:25 PM

Jim, this could be...
Quote:

I just heard on the radio that Bush had passed something allowing conceal and carry in National Parks.
... but it won't include any gun defined as an assault rifle if this passes. :o

You know they will keep after this until they get it. They have to... assault weapons just have no place in the Utopia they are planning for all of us, like it or not.
Pass me a roll of caps for my cap pistol please, I'm almost out. :headshake

wolf 12-06-2008 08:33 PM

Dearie me, no, haven't any of those things ...

Frikkin' stupid.

It's only an "assault weapon" if you bash someone over the head with it.

Ruminator 12-06-2008 11:29 PM

wolf, does it count if you just kinda give them a "love tap"? .... :smashfrea :D

NoBoxes 12-07-2008 03:09 AM

It counts if you can love them to death with a double tap.

TheMercenary 12-07-2008 07:47 AM

Quote:

Originally Posted by Ruminator (Post 511359)
wolf, does it count if you just kinda give them a "love tap"? .... :smashfrea :D

That would be a love gun.

morethanpretty 12-07-2008 10:42 PM

Quote:

Originally Posted by Ruminator (Post 511298)
Jim, this could be...

... but it won't include any gun defined as an assault rifle if this passes. :o

You know they will keep after this until they get it. They have to... assault weapons just have no place in the Utopia they are planning for all of us, like it or not.
Pass me a roll of caps for my cap pistol please, I'm almost out. :headshake

Who is they? The republicans sponsoring the bill?

Radar 12-08-2008 01:17 AM

First off this legislation would be tossed out by the supreme court. Second, it's nothing new. There have been plenty attempts to ban guns.

Private gun ownership is in no danger. There is no such thing as an "assault rifle", and while the USSC does acknowledge the fact that gun ownership is an individual right, they also believe the government has the authority to regulate gun ownership and place limits on gun ownership.

This is absurd because a right is something we don't require permission to do. Our rights don't come from government, so government has no authority to regulate, curtail, or limit them.

Bullitt 12-08-2008 01:42 AM

I thought it was that there was no such thing as an "assault weapon", rather that "assault rifle" is the correct terminology, but also that the weapons banned aren't even assault rifles in that they don't have the selective fire capability the the military rifles do. I've just barely dipped my toes into the world of firearms, so feel free to correct me when I'm wrong.

Also if you wouldn't mind explaining, what specifically makes this bill so different from the original one that passed so as to spur the supreme court to throw it out? Obviously some bolt action rifles are now included, which seems ludicrous.. are they worried about somebody sniping Obama or something? Sheesh...

xoxoxoBruce 12-08-2008 05:37 AM

The list shows the people writing/sponsoring this bill don't have a clue.

Or they added a shitload of extras to back down on and just keep the ones they were really after, while claiming they compromised. :eyebrow:

Radar 12-08-2008 10:05 AM

Quote:

Originally Posted by Bullitt (Post 511560)
I thought it was that there was no such thing as an "assault weapon", rather that "assault rifle" is the correct terminology, but also that the weapons banned aren't even assault rifles in that they don't have the selective fire capability the the military rifles do. I've just barely dipped my toes into the world of firearms, so feel free to correct me when I'm wrong.

Also if you wouldn't mind explaining, what specifically makes this bill so different from the original one that passed so as to spur the supreme court to throw it out? Obviously some bolt action rifles are now included, which seems ludicrous.. are they worried about somebody sniping Obama or something? Sheesh...


Assault weapon and assault rifle are both incorrect. It's like saying this is a "stabbing knife". Any knife can be used for stabbing. Any gun can be used to assault or to defend. The terms "semi-automatic rifle" or "fully-automatic rifle" are correct.

I haven't read both bills so I can't speak to what is different, but I can say that the Supreme Court is different. During the Clinton administration, the USSC wouldn't even hear a case about whether gun ownership was an individual right. The current Supreme Court very recently ruled that it was indeed an individual right.

If this law is signed into law by the next Congress and president, it will be shot down by the USSC.

glatt 12-08-2008 10:21 AM

Decent sized article in the Wash Post today about the state of the Federal Courts today. They are either evenly mixed or majority Republican, with only one federal court in the country controlled by Democratic appointees. Overall, the courts today are conservative.

morethanpretty 12-08-2008 07:06 PM

Quote:

Sets forth exceptions to such ban, including: (1) firearms or devices lawfully possessed under federal law on the date of enactment of this Act; (2) certain firearms, replicas, or duplicates listed in an appendix as they were manufactured on October 1, 1993; (3) any firearm that is manually operated by bolt, pump, lever, or slide action and that has been rendered permanently inoperable or that is an antique firearm; (4) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; (5) any semiautomatic shotgun that cannot hold more than five rounds in a fixed or detachable magazine; and (6) firearms manufactured for, transferred to, or possessed by a federal, state, or local government agency or for law enforcement.
From:http://www.washingtonwatch.com/bills...0_HR_6257.html

Those are exceptions. Some people seem to be thinking they're included in the ban. Maybe I'm wrong, and getting messed up with the unfamiliar terminology, and they're talkin 'bout somethin else.

Quote:

Mr. KIRK (for himself, Mr. CASTLE, Mr. FERGUSON, and Mr. SHAYS) introduced the following bill; which was referred to the Committee on the Judiciary
From: http://www.govtrack.us/congress/bill...bill=h110-6257

Mr. KIRK=Republican
Mr. Castle=Republican
Mr. Ferguson=Republican
Mr. Shays=Republican

Just think its interesting, that this is a Republican sponsored bill. I thought they were against gun bans/regulation. Guess not, or they lied. Isn't it refreshing to know both sides of the aisle are evil?

ZenGum 12-08-2008 07:34 PM

Quote:

Originally Posted by Radar (Post 511603)
If this law is signed into law by the next Congress and president, it will be shot down by the USSC.

Not if they can't get a gun to shoot it with ... :D

Urbane Guerrilla 12-09-2008 06:19 PM

Hold on there, radar
 
Quote:

Originally Posted by Radar (Post 511603)
Assault weapon and assault rifle are both incorrect. It's like saying this is a "stabbing knife". Any knife can be used for stabbing. Any gun can be used to assault or to defend. The terms "semi-automatic rifle" or "fully-automatic rifle" are correct.

Bullit is right and you're not quite, Radar; you stumbled right at the edge. You should have written that there is an assault rifle, but no assault weapon. The latter is rejected by the pro-gun people of liberty because of its facility to be defined down all the way to a screwdriver or a stone axe, or a big wet rock for that matter. So, it's popular among the people who try and scare the electorate into submission, that their hoplophobia may be the better accommodated. That hoplophobia makes crime, civil rights abuses, and genocide all very much easier is well proven, however much this be ignored by those who bitch at freedom people like me. Or, in another corner, Radar.

The defining feature of an assault rifle is its selective fire capacity -- you can throw the switch to go full-auto. Its middle-power range of smallish rifle cartridges is to permit the rifle to be controllable when hand-held. Carbine cartridges, as it were. The Germans invented the rifle and its name. Sturmgewehr means "assault rifle." In WW2, the Germans did a sort of systems analysis of what a military rifle did. They concluded that the cartridges of the day were too powerful for what a soldier could actually do with them -- that the long range they gave was almost useless because you couldn't even see your target at ranges of 1000-1200 meters out. You really only needed three to four hundred meters tops for range you could use, and a submachinegun-like ability to fire full-auto bursts was also a fight-winner. The German cartridge devised for this has its descendant in the AK's 7.62mm x 39 cartridge. Another engineering solution to the full-auto controllability problem was to shoot smaller bullets, as invented twice by the Americans: a prototype of the M14 chambered in .243 Winchester (a shortened, light, carbine version of the .25-06) and the successful 5.56mm NATO cartridge of the M16, a/k/a .223 Winchester. The AK later adopted this style of cartridge also.

The arm has always been called an assault rifle. Changing rifle to weapon is what the fakers are doing, the better to deceive and frighten any in the electorate who don't know their guns, or the proper relationship of a republic to its government. The fakers never comprehend that their desire impairs checks-and-balances, erodes civil rights by making abuses more possible -- less danger to the abusers -- and is a necessary precondition to a genocide. They love all these bad things without even knowing it consciously. They should all get a punt in the crotch with a Godwin club -- Nazi Germany couldn't have done what it did if non-Party people could have kept a Kar-98 and two hundred rounds of ready ammunition. And that is a bolt-action rifle, very suitable for deer hunting!

Unhappily from the checks-&-balances and antigenocide points of view (the one favored by libertarians, the other by human-rights people), US law only allows civilians to own semiauto-only versions of assault rifles, making these rifles simply rifles with automatic transmissions as it were. Saves some money on ammo, but a nation really committed to a classically liberal democratic government and suppression of genocide would promulgate a selective fire assault rifle over every mantle in America. Hey, it works for Switzerland, and they have a murder rate a bit lower than South Dakota's. Or England's.

Quote:

If this law is signed into law by the next Congress and president, it will be shot down by the USSC.
From your mouth to God's ears, Radar. And to your Congresscritters', both House and Senate. Lobby against the resumption of pointless excess power.


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