|March 14, 2007, 09:40||#1|
FALaholic #: 14917
Join Date: Jul 2004
Location: mid atlantic
Opposition for HR 102! Sign here & now, before it's too late!
An open letter to all those of you who legally own Firearms & enjoy the shooting sports, or just plain old fashioned gun ownership.
If you have not signed the petition opposing HR 1022 the “new & improved” assault weapons ban then you really need to. NOW! To-morrow is not good enough; you need to “Stand Up & Be Counted” and NOW is the time.
This is an issue that is bigger than any individual difference that may exist between any of us, no matter how wide the difference may be.
Here is the actual text of the current version of the bill:
HR 1022 IH
H. R. 1022
To reauthorize the assault weapons ban, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 13, 2007
Mrs. MCCARTHY of New York introduced the following bill; which was referred to the Committee on the Judiciary
To reauthorize the assault weapons ban, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 2007'.
SEC. 2. REINSTATEMENT FOR 10 YEARS OF REPEALED CRIMINAL PROVISIONS RELATING TO ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Reinstatement of Provisions Wholly Repealed- Paragraphs (30) and (31) of section 921(a), subsections (v) and (w) and Appendix A of section 922, and the last 2 sentences of section 923(i) of title 18,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(b) Reinstatement of Provisions Partially Repealed- Section 924 of title 18, United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraph (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 person 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;
`(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR;
`(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;
`(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;
`(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 duplicates thereof:
`(i) Calico M-110;
`(ii) MAC-10, MAC-11, or MPA3;
`(iii) Olympic Arms OA;
`(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or
`(C) The following shotguns or copies or duplicates thereof:
`(i) Armscor 30 BG;
`(ii) SPAS 12 or LAW 12;
`(iii) Striker 12; or
`(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 operating 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 magazine 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 originally 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 purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes 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 completely 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 intended for use in converting a firearm into a semiautomatic 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 `detachable 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 permanently 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 following:
`(B) Paragraph (1) shall not apply to any firearm the possession or transfer of which would (but for this subparagraph) 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 SEMIAUTOMATIC 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 subsection (t) in the case of such a transfer, the weapon shall be considered to be transferred from the business 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 procedures provided for in subsection (t) of this section and section 923(g).
`(6) The Attorney General shall establish and maintain, 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 involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually 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 AMMUNITION 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 subparagraph (B); and
(ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and
(B) by striking paragraph (4) and inserting 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 manufactured on or before the date of the enactment of this subsection, 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 manufactured on or before the date of the enactment of this subsection.'.
(2) PENALTIES- Section 924(a) of such title, as amended by subsection (a)(2) of this section, is amended by adding at the end the following:
`(9) Whoever knowingly violates section 922(w)(4) shall be fined under this title, imprisoned not more than 5 years, or both.'.
SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the period and inserting a semicolon; and
(B) by adding at the end the following:
`(C) a semiautomatic assault weapon; or
`(D) a large capacity ammunition feeding device.'; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking the period and inserting a semicolon; and
(B) by adding at the end the following:
`(C) a semiautomatic assault weapon; or
`(D) a large capacity ammunition feeding device.'.
SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.
(a) In General- Section 922(w) of title 18, United States Code, as added by section 2(a) of this Act, is amended--
(1) in paragraph (1), by striking `(1) Except as provided in paragraph (2)' and inserting `(1)(A) Except as provided in subparagraph (B)';
(2) in paragraph (2), by striking `(2) Paragraph (1)' and inserting `(B) Subparagraph (A)'; and
(3) by inserting before paragraph (3) the following:
`(2) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.'.
(b) Conforming Amendment- Section 921(a)(31)(A) of such title, as added by section 2(a) of this Act, is amended by striking `manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994'.
The bill (as of 3/12/2007 has been gaining ground and now has the following list of co-sponsors, so there goes the “It won’t get supported enough to pass way out:
List of co-sponsors of HR 1022 as of 3/12/2007
Rep Ackerman, Gary L. [NY-5] - 3/7/2007
Rep Capps, Lois [CA-23] - 3/9/2007
Rep Clay, Wm. Lacy [MO-1] - 3/9/2007
Rep Crowley, Joseph [NY-7] - 3/7/2007
Rep Eshoo, Anna G. [CA-14] - 3/9/2007
Rep Fattah, Chaka [PA-2] - 3/7/2007
Rep Filner, Bob [CA-51] - 3/7/2007
Rep Frank, Barney [MA-4] - 3/7/2007
Rep Grijalva, Raul M. [AZ-7] - 3/9/2007
Rep Jackson-Lee, Sheila [TX-18] - 3/7/2007
Rep Maloney, Carolyn B. [NY-14] - 3/7/2007
Rep Meehan, Martin T. [MA-5] - 3/7/2007
Rep Miller, Brad [NC-13] - 3/9/2007
Rep Moran, James P. [VA-8] - 3/7/2007
Rep Schakowsky, Janice D. [IL-9] - 3/7/2007
Rep Schiff, Adam B. [CA-29] - 3/7/2007
Rep Van Hollen, Chris [MD-8] - 3/7/2007
Rep Wexler, Robert [FL-19] - 3/9/2007
This should make you nervous, as well as removing the “It can’t happen here” mentality.
As of this date/time there have been 25,101 who have signed this, but, before we start patting ourselves on the back we have to realize that we still need 974,899 more signatures to reach the 1 million goal set for us all.
Here is the text of the petition that we all need to sign NOW:
No to HR 1022, "Assault Weapons Ban"
We the undersigned wish to express in no uncertain terms our outrage and disgust with the introduction of HR 1022: To reauthorize the assault weapons ban, and for other purposes. Let it be known, that we the undersigned swear an undying devotion to end the political careers of any public servant holding office who should dare to offer any support to this offense to our birthright to take up arms to defend our lives, our families, our property, our community and our country against enemies both foreign and domestic. We see it as absolutely essential that we retain our right, which is not granted to us by man nor able to be repealed, to maintain, keep, bear and train with firearms and ammunitions that are state of the art. HR 1022, or any bill resembling, is an affront to this right and our dignity as citizens of this fair nation and will not be tolerated. We are watching.
The petition is done in about 4 minutes, does NOT require any identifier, other than a zip code, & is simply your legal right to oppose this proposed law which would not only be the basis for making all of us “Administrative Criminals”, but would also be the basis for more, and more restrictive versions down the pike.
For any who would like to see what they are getting in to I’m posting the text version of the login to the petition:
We, the Undersigned, endorse the following petition:
No to HR 1022, "Assault Weapons Ban"
Target: Timothy Johnson, Representative, U.S. House of Representatives
Sponsor: Josh McNattin
· Signatures: 25,101
· Goal: 1,000,000
· Deadline: Ongoing...
· See Full Petition
· Email this Petition
The attempt to renew and augment the expired federal "assault weapons ban", HR 1022, will not be tolerated.
This is NOT the cosmetic bill from the Clinton era and does NOT include
a sunset expiration; this one DOES ban many more guns, not just
features, going so far as to ban WWII era rifles such as the M1 Garand
and semi-automatic shotguns. Do your homework, learn about the details and contact your representative, act locally, raise awareness.
Get Involved: Legislative Action Center
Learn about this bill: TownHall.com HR 1022 Article , Washington Watch Article
This petition and it's author is in no way affiliated with the
ACLU. I am an honorably discharged Marine, gun owner and rifle
range member. The host website is by charter a
non-partisan site, though they do carry many left leaning
petitions. If that makes you uncomfortable, start some right
leaning ones and get people on board.
I've been informed that an embedded questionnaire is asking for personal information such as "number of children in household". These are not
questions that I opted to be included and should not be required to sign the petition.
I’ve included several things that give more details on the bill proposing the legislation, the petition, the co-sponsors list (as of the posting time) and anything else that I have found that is relevant.
To those that have signed, thank you.
To those that have not yet taken the few minutes that it will need Why Not?
Doing this is just a legal exercise of the rights guaranteed under the constitution of the United States. It is not any kind of action that can, or should be interpreted as or punished as a “Gun Thing”, that is a separate issue.
Please take the time to read, understand the issues at stake here & take action before it is too late & you no longer have the option to take action. Have no doubt; if this bill becomes law then very soon you will be facing things like this that are being proposed in MD, are law In California, and will just get more widespread & restrictive.
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
SENATE BILL 43
HB 1367/06 – JUD
By: Senators Lenett, Britt, Conway, Currie, Exum, Forehand, Frosh,
Garagiola, Gladden, Jones, Kelley, Kramer, Madaleno, McFadden,
Muse, Pinsky, Pugh, Raskin, Robey, Rosapepe, and Zirkin
Introduced and read first time: January 17, 2007
Assigned to: Judicial Proceedings
A BILL ENTITLED
1 AN ACT concerning
2 Maryland Assault Weapons Ban of 2007
3 FOR the purpose of designating certain firearms as assault weapons; prohibiting with
4 certain exceptions a person from transporting an assault weapon into the State
5 or possessing, selling, offering to sell, transferring, purchasing, or receiving an
6 assault weapon; requiring the Handgun Roster Board to compile and maintain a
7 roster of prohibited assault weapons; requiring the Board to have the roster of
8 prohibited assault weapons published in the Maryland Register at certain times
9 and to send copies of the roster to certain persons; designating assault long guns
10 and copycat weapons as types of assault weapons; authorizing certain licensed
11 firearms dealers to continue to possess, sell, offer for sale, or transfer assault
12 long guns or copycat weapons under certain circumstances; authorizing certain
13 persons to continue to possess assault long guns or copycat weapons under
14 certain circumstances; authorizing a procedure by which a person may petition
15 the Board to remove a copycat weapon from the roster of prohibited assault
16 weapons; requiring the Board to hold a hearing under certain circumstances;
17 making it a misdemeanor to use an assault long gun or a copycat weapon in the
18 commission of a felony or a crime of violence; establishing certain penalties;
19 requiring that certain firearms be lawfully possessed on or before a certain date
20 in order for them to qualify as regulated firearms for certain purposes; defining
21 certain terms; making conforming changes; and generally relating to assault
23 BY repealing and reenacting, with amendments,
2 SENATE BILL 43
1 Article – Criminal Law
2 Section 3–202(a)(2)(ii) and 4–106(a)(6)(ii); and 4–301 through 4–306 to be under
3 the amended subtitle “Subtitle 3. Assault Weapons and Detachable
5 Annotated Code of Maryland
6 (2002 Volume and 2006 Supplement)
7 BY adding to
8 Article – Criminal Law
9 Section 4–305 and 4–306
10 Annotated Code of Maryland
11 (2002 Volume and 2006 Supplement)
12 BY repealing and reenacting, with amendments,
13 Article – Public Safety
14 Section 5–101(p)
15 Annotated Code of Maryland
16 (2003 Volume and 2006 Supplement)
17 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
18 MARYLAND, That the Laws of Maryland read as follows:
19 Article – Criminal Law
21 (a) (2) A person may not commit an assault with a firearm, including:
22 (ii) an assault [pistol] WEAPON, as defined in § 4–301 of this
25 (a) (6) “Firearm” includes:
26 (ii) an assault [pistol] WEAPON as defined in § 4–301 of this
28 Subtitle 3. Assault [Pistols] WEAPONS and Detachable Magazines.
SENATE BILL 43 3
(A) IN THIS SUBTITLE THE FOLLOWING 1 WORDS HAVE THE MEANINGS
3 (B) “ASSAULT LONG GUN” MEANS ANY ASSAULT WEAPON LISTED
4 UNDER § 5–101(P)(2)(II) OF THE PUBLIC SAFETY ARTICLE.
5 (C) [In this subtitle, “assault] “ASSAULT pistol” means any of the following
6 firearms [or a copy regardless of the producer or manufacturer]:
7 (1) AA Arms AP–9 semiautomatic pistol;
8 (2) Bushmaster semiautomatic pistol;
9 (3) Claridge HI–TEC semiautomatic pistol;
10 (4) D Max Industries semiautomatic pistol;
11 (5) Encom MK–IV, MP–9, or MP–45 semiautomatic pistol;
12 (6) Heckler and Koch semiautomatic SP–89 pistol;
13 (7) Holmes MP–83 semiautomatic pistol;
14 (8) Ingram MAC 10/11 semiautomatic pistol and variations including
15 the Partisan Avenger and the SWD Cobray;
16 (9) Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire
18 (10) P.A.W.S. type semiautomatic pistol;
19 (11) Skorpion semiautomatic pistol;
20 (12) Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell);
21 (13) UZI semiautomatic pistol;
22 (14) Weaver Arms semiautomatic Nighthawk pistol; or
23 (15) Wilkinson semiautomatic “Linda” pistol.
24 (D) “ASSAULT WEAPON” MEANS:
4 SENATE BILL 43
1 (1) AN ASSAULT LONG GUN;
2 (2) AN ASSAULT PISTOL; OR
3 (3) A COPYCAT WEAPON.
4 (E) “BOARD” MEANS THE HANDGUN ROSTER BOARD ESTABLISHED
5 UNDER § 5–404 OF THE PUBLIC SAFETY ARTICLE.
6 (F) (1) “COPYCAT WEAPON” MEANS:
7 (I) A SEMIAUTOMATIC, CENTERFIRE RIFLE THAT CAN
8 ACCEPT A DETACHABLE MAGAZINE AND ANY OF THE FOLLOWING:
9 1. A PISTOL GRIP THAT PROTRUDES
10 CONSPICUOUSLY BENEATH THE ACTION OF THE WEAPON;
11 2. A THUMBHOLE STOCK;
12 3. A FOLDING OR TELESCOPING STOCK;
13 4. A GRENADE LAUNCHER OR FLARE LAUNCHER;
14 5. A FLASH SUPPRESSOR; OR
15 6. A FORWARD PISTOL GRIP;
16 (II) A SEMIAUTOMATIC, CENTERFIRE RIFLE THAT HAS A
17 FIXED MAGAZINE WITH THE CAPACITY TO ACCEPT MORE THAN 10 ROUNDS;
18 (III) A SEMIAUTOMATIC, CENTERFIRE RIFLE THAT HAS AN
19 OVERALL LENGTH OF LESS THAN 30 INCHES;
20 (IV) A SEMIAUTOMATIC PISTOL THAT CAN ACCEPT A
21 DETACHABLE MAGAZINE AND ANY OF THE FOLLOWING:
22 1. A THREADED BARREL, CAPABLE OF ACCEPTING A
23 FLASH SUPPRESSOR, FORWARD HANDGRIP, OR SILENCER;
SENATE BILL 43 5
1 2. A SECOND HANDGRIP;
2 3. A SHROUD THAT IS ATTACHED TO OR PARTIALLY
3 OR COMPLETELY ENCIRCLES THE BARREL, EXCEPT FOR A SLIDE THAT
4 ENCLOSES THE BARREL, AND THAT ALLOWS THE BEARER TO FIRE THE WEAPON
5 WITHOUT BURNING THE BEARER’S HAND; OR
6 4. THE CAPACITY TO ACCEPT A DETACHABLE
7 MAGAZINE OUTSIDE OF THE PISTOL GRIP;
8 (V) A SEMIAUTOMATIC PISTOL WITH A FIXED MAGAZINE
9 THAT CAN ACCEPT MORE THAN 10 ROUNDS;
10 (VI) A SEMIAUTOMATIC SHOTGUN THAT HAS BOTH OF THE
12 1. A FOLDING OR TELESCOPING STOCK; AND
13 2. A PISTOL GRIP THAT PROTRUDES
14 CONSPICUOUSLY BENEATH THE ACTION OF THE WEAPON, THUMBHOLE STOCK,
15 OR VERTICAL HANDGRIP; OR
16 (VII) ANY SHOTGUN WITH A REVOLVING CYLINDER.
17 (2) “COPYCAT WEAPON” DOES NOT INCLUDE AN ASSAULT LONG
18 GUN OR AN ASSAULT PISTOL.
19 (G) “DETACHABLE MAGAZINE” MEANS ANY AMMUNITION FEEDING
20 DEVICE THAT CAN BE REMOVED READILY FROM THE FIREARM WITHOUT
21 REQUIRING DISASSEMBLY OF THE FIREARM ACTION OR WITHOUT THE USE OF A
22 TOOL, INCLUDING A BULLET OR CARTRIDGE.
23 (H) “FLASH SUPPRESSOR” MEANS ANY DEVICE THAT IS INTENDED TO
24 OR THAT FUNCTIONS TO PERCEPTIBLY REDUCE OR REDIRECT MUZZLE FLASH
25 FROM THE SHOOTER’S FIELD OF VISION.
26 (I) “FORWARD PISTOL GRIP” MEANS A GRIP THAT ALLOWS FOR A
27 PISTOL–STYLE GRASP FORWARD OF THE TRIGGER.
6 SENATE BILL 43
(J) “LICENSED FIREARMS DEALER” MEANS 1 A PERSON WHO HOLDS A
2 DEALER’S LICENSE UNDER TITLE 5, SUBTITLE 1 OF THE PUBLIC SAFETY
4 (K) “PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE
5 ACTION OF THE WEAPON” MEANS A GRIP THAT ALLOWS FOR A PISTOL–STYLE
6 GRASP IN WHICH THE WEB OF THE TRIGGER HAND BETWEEN THE THUMB AND
7 INDEX FINGER CAN BE PLACED BELOW THE TOP OF THE EXPOSED PORTION OF
8 THE TRIGGER WHILE FIRING.
9 (L) “THUMBHOLE STOCK” MEANS A STOCK WITH A HOLE THAT ALLOWS
10 THE THUMB OF THE TRIGGER HAND TO PENETRATE INTO OR THROUGH THE
11 STOCK WHILE FIRING.
13 This subtitle does not apply to:
14 (1) if acting within the scope of official business, personnel of the
15 United States government or a unit of that government, members of the armed forces
16 of the United States or of the National Guard, or law enforcement personnel of the
17 State or a local unit in the State;
18 (2) a firearm modified to render it permanently inoperative;
19 (3) purchases, sales, and transport to or by a licensed firearms dealer
20 or manufacturer who is:
21 (i) providing or servicing an assault [pistol] WEAPON or
22 detachable magazine for a law enforcement unit or for personnel exempted under item
23 (1) of this section; or
24 (ii) acting to sell or transfer an assault [pistol] WEAPON or
25 detachable magazine to a licensed firearm dealer in another state;
26 (4) organizations that are required or authorized by federal law
27 governing their specific business or activity to maintain assault [pistols] WEAPONS
28 and applicable ammunition and detachable magazines;
SENATE BILL 43 7
(5) the receipt of an assault [pistol] WEAPON 1 or detachable magazine
2 by inheritance if the decedent lawfully possessed the assault [pistol] WEAPON; or
3 (6) the receipt of an assault [pistol] WEAPON or detachable magazine
4 by a personal representative of an estate for purposes of exercising the powers and
5 duties of a personal representative of an estate.
7 (a) Except as provided in subsection (b) of this section, a person may not:
8 (1) transport an assault [pistol] WEAPON into the State; or
9 (2) possess, sell, offer to sell, transfer, purchase, or receive an assault
10 [pistol] WEAPON.
11 (b) (1) A person who lawfully possessed an assault [pistol] WEAPON
12 before June 1, 1994 and who registered the assault [pistol] WEAPON with the
13 Secretary of [the] State Police before August 1, 1994 may continue to possess the
14 assault [pistol] WEAPON.
15 (2) A LICENSED FIREARMS DEALER MAY CONTINUE TO POSSESS,
16 SELL, OFFER FOR SALE, OR TRANSFER AN ASSAULT LONG GUN OR A COPYCAT
17 WEAPON THAT THE LICENSED FIREARMS DEALER LAWFULLY POSSESSED ON OR
18 BEFORE OCTOBER 1, 2007.
19 (3) A PERSON WHO LAWFULLY POSSESSED AN ASSAULT LONG
20 GUN OR A COPYCAT WEAPON BEFORE OCTOBER 1, 2007, AND WHO REGISTERS
21 THE ASSAULT LONG GUN OR COPYCAT WEAPON WITH THE SECRETARY OF
22 STATE POLICE BEFORE DECEMBER 1, 2007, MAY CONTINUE TO POSSESS THE
23 ASSAULT LONG GUN OR COPYCAT WEAPON.
25 A law enforcement unit may seize as contraband and dispose of according to
26 regulation an assault [pistol] WEAPON transported, sold, transferred, purchased,
27 received, or possessed in violation of this subtitle.
8 SENATE BILL 43
(A) THE BOARD SHALL COMPILE 1 AND MAINTAIN A ROSTER OF
2 PROHIBITED ASSAULT WEAPONS.
3 (B) BEGINNING NOT LATER THAN JULY 1, 2008, AND EVERY 6 MONTHS
4 THEREAFTER, THE BOARD SHALL HAVE THE ROSTER OF PROHIBITED ASSAULT
5 WEAPONS PUBLISHED IN THE MARYLAND REGISTER AND SHALL SEND A COPY
6 OF THE ROSTER TO ALL LICENSED FIREARMS DEALERS.
8 (A) A PERSON MAY PETITION THE BOARD TO REMOVE A COPYCAT
9 WEAPON FROM THE ROSTER OF PROHIBITED ASSAULT WEAPONS IN
10 ACCORDANCE WITH THIS SECTION AND TITLE 10, SUBTITLE 2 OF THE STATE
11 GOVERNMENT ARTICLE.
12 (B) A PETITION SHALL BE SUBMITTED IN WRITING IN THE FORM THAT
13 THE BOARD REQUIRES.
14 (C) A PETITIONER HAS THE BURDEN OF PROVING TO THE BOARD THAT
15 THE COPYCAT WEAPON DOES NOT MEET THE DEFINITIONAL REQUIREMENTS OF
16 § 4–301(F) OF THIS SUBTITLE.
17 (D) (1) WITHIN 45 DAYS AFTER RECEIPT OF A PETITION, THE BOARD
19 (I) DENY THE PETITION AND STATE THE REASONS FOR THE
20 DENIAL; OR
21 (II) APPROVE THE PETITION IF THE FIREARM IS
22 DETERMINED BY THE BOARD TO NOT QUALIFY AS A COPYCAT WEAPON, REMOVE
23 THE FIREARM FROM THE ROSTER OF PROHIBITED ASSAULT WEAPONS, AND
24 HAVE PUBLISHED IN THEMARYLAND REGISTER:
25 1. A DESCRIPTION OF THE FIREARM; AND
26 2. A NOTICE STATING THAT AN OBJECTION TO THE
27 REMOVAL OF THE FIREARM FROM THE ROSTER MUST BE FILED WITH THE
28 BOARD WITHIN 30 DAYS.
SENATE BILL 43 9
(2) IF THE BOARD DOES NOT TAKE ACTION 1 TO APPROVE OR DENY
2 THE PETITION WITHIN 45 DAYS AFTER RECEIPT OF THE PETITION, THE
3 PETITION SHALL BE CONSIDERED DENIED.
4 (E) (1) IF A PETITION IS DENIED, THE BOARD SHALL NOTIFY THE
5 PETITIONER BY CERTIFIED MAIL.
6 (2) THE PETITIONER MAY REQUEST A HEARING BEFORE THE
7 BOARD WITHIN 15 DAYS AFTER THE DATE THAT THE DENIAL LETTER IS
9 (3) WITHIN A REASONABLE TIME NOT EXCEEDING 90 DAYS AFTER
10 RECEIPT OF A REQUEST FOR A HEARING, THE BOARD SHALL HOLD A HEARING
11 AND ISSUE A WRITTEN FINAL DECISION.
12 [4–305.] 4–307.
13 (a) This section does not apply to a .22 caliber rifle with a tubular magazine.
14 (b) A person may not manufacture, sell, offer for sale, purchase, receive, or
15 transfer a detachable magazine that has a capacity of more than 20 rounds of
16 ammunition for a firearm.
17 [4–306.] 4–308.
18 (a) A person who violates this subtitle is guilty of a misdemeanor and on
19 conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding
20 $5,000 or both.
21 (b) (1) A person who uses an assault pistol, or a magazine that has a
22 capacity of more than 20 rounds of ammunition, in the commission of a felony or a
23 crime of violence as defined in § 5–101 of the Public Safety Article is guilty of a
24 misdemeanor and on conviction, in addition to any other sentence imposed for the
25 felony or crime of violence, shall be sentenced under this subsection.
26 (2) (i) For a first violation, the person shall be sentenced to
27 imprisonment for not less than 5 years and not exceeding 20 years.
28 (ii) The court may not impose less than the minimum sentence
29 of 5 years.
10 SENATE BILL 43
(iii) The mandatory minimum sentence 1 of 5 years may not be
3 (iv) Except as otherwise provided in § 4–305 of the Correctional
4 Services Article, the person is not eligible for parole in less than 5 years.
5 (3) (i) For each subsequent violation, the person shall be sentenced
6 to imprisonment for not less than 10 years and not exceeding 20 years.
7 (ii) The court may not impose less than the minimum sentence
8 of 10 years.
9 (iii) A sentence imposed under this paragraph shall be
10 consecutive to and not concurrent with any other sentence imposed for the felony or
11 crime of violence.
12 (C) (1) A PERSON WHO USES AN ASSAULT LONG GUN OR A COPYCAT
13 WEAPON IN THE COMMISSION OF A FELONY OR A CRIME OF VIOLENCE AS
14 DEFINED IN § 5–101 OF THE PUBLIC SAFETY ARTICLE IS GUILTY OF A
15 MISDEMEANOR AND ON CONVICTION, IN ADDITION TO ANY OTHER SENTENCE
16 IMPOSED FOR THE FELONY OR CRIME OF VIOLENCE, SHALL BE SENTENCED
17 UNDER THIS SUBSECTION.
18 (2) FOR A FIRST VIOLATION, THE PERSON SHALL BE SENTENCED
19 TO IMPRISONMENT NOT EXCEEDING 20 YEARS.
20 (3) (I) FOR EACH SUBSEQUENT VIOLATION, THE PERSON
21 SHALL BE SENTENCED TO IMPRISONMENT NOT EXCEEDING 20 YEARS.
22 (II) A SENTENCE IMPOSED UNDER THIS PARAGRAPH SHALL
23 BE CONSECUTIVE TO AND NOT CONCURRENT WITH ANY OTHER SENTENCE
24 IMPOSED FOR THE FELONY OR CRIME OF VIOLENCE.
25 Article – Public Safety
27 (p) “Regulated firearm” means:
28 (1) a handgun; or
SENATE BILL 43 11
1 (2) a firearm that:
2 (I) IS LAWFULLY POSSESSED BY A LICENSED FIREARMS
3 DEALER ON OR BEFORE OCTOBER 1, 2007, AND THAT MAY BE LAWFULLY
4 POSSESSED, SOLD, OFFERED FOR SALE, OR TRANSFERRED BY THE LICENSED
5 FIREARMS DEALER UNDER § 4–303 OF THE CRIMINAL LAW ARTICLE; AND
6 (II) is any of the following specific assault weapons [or their
7 copies], regardless of which company produced and manufactured that assault
9 [(i)] 1. American Arms Spectre da Semiautomatic
11 [(ii)] 2. AK–47 in all forms;
12 [(iii)] 3. Algimec AGM–1 type semi–auto;
13 [(iv)] 4. AR 100 type semi–auto;
14 [(v)] 5. AR 180 type semi–auto;
15 [(vi)] 6. Argentine L.S.R. semi–auto;
16 [(vii)] 7. Australian Automatic Arms SAR type
18 [(viii)] 8. Auto–Ordnance Thompson M1 and 1927
20 [(ix)] 9. Barrett light .50 cal. semi–auto;
21 [(x)] 10. Beretta AR70 type semi–auto;
22 [(xi)] 11. Bushmaster semi–auto rifle;
23 [(xii)] 12. Calico models M–100 and M–900;
24 [(xiii)] 13. CIS SR 88 type semi–auto;
25 [(xiv)] 14. Claridge HI TEC C–9 carbines;
12 SENATE BILL 43
[(xv)] 15. Colt AR–15, CAR–15, and 1 all imitations except
2 Colt AR–15 Sporter H–BAR rifle;
3 [(xvi)] 16. Daewoo MAX 1 and MAX 2, aka AR 100, 110C,
4 K–1, and K–2;
5 [(xvii)] 17. Dragunov Chinese made semi–auto;
6 [(xviii)] 18. Famas semi–auto (.223 caliber);
7 [(xix)] 19. Feather AT–9 semi–auto;
8 [(xx)] 20. FN LAR and FN FAL assault rifle;
9 [(xxi)] 21. FNC semi–auto type carbine;
10 [(xxii)] 22. F.I.E./Franchi LAW 12 and SPAS 12 assault
12 [(xxiii)] 23. Steyr–AUG–SA semi–auto;
13 [(xxiv)] 24. Galil models AR and ARM semi–auto;
14 [(xxv)] 25. Heckler and Koch HK–91 A3, HK–93 A2,
15 HK–94 A2 and A3;
16 [(xxvi)] 26. Holmes model 88 shotgun;
17 [(xxvii)] 27. Avtomat Kalashnikov semiautomatic rifle in
18 any format;
19 [(xxviii)] 28. Manchester Arms “Commando” MK–45, MK–9;
20 [(xxix)] 29. Mandell TAC–1 semi–auto carbine;
21 [(xxx)] 30. Mossberg model 500 Bullpup assault shotgun;
22 [(xxxi)] 31. Sterling Mark 6;
23 [(xxxii)] 32. P.A.W.S. carbine;
SENATE BILL 43 13
[(xxxiii)] 33. Ruger mini–14 folding 1 stock model (.223
3 [(xxxiv)] 34. SIG 550/551 assault rifle (.223 caliber);
4 [(xxxv)] 35. SKS with detachable magazine;
5 [(xxxvi)] 36. AP–74 Commando type semi–auto;
6 [(xxxvii)] 37. Springfield Armory BM–59, SAR–48, G3,
7 SAR–3, M–21 sniper rifle, M1A, excluding the M1 Garand;
8 [(xxxviii)] 38. Street sweeper assault type shotgun;
9 [(xxxix)] 39. Striker 12 assault shotgun in all formats;
10 [(xl)] 40. Unique F11 semi–auto type;
11 [(xli)] 41. Daewoo USAS 12 semi–auto shotgun;
12 [(xlii)] 42. UZI 9mm carbine or rifle;
13 [(xliii)] 43. Valmet M–76 and M–78 semi–auto;
14 [(xliv)] 44. Weaver Arms “Nighthawk” semi–auto carbine;
16 [(xlv)] 45. Wilkinson Arms 9mm semi–auto “Terry”.
17 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
18 October 1, 2007.
To any of you that are concerned that you will in some way be “targeted” by the rabidly anti-gun LEO’s in your neighborhood for taking this action (which is just a legal protest using words), I am including the post from member mparrish where he makes some interesting (& often unpublished) results from a survey of LEO’s, not politicians speaking for LEO’s.
A Police Magazine (one of the top three trade publications) survey reveals that the overwhelming majority of American law enforcement officers believe tougher gun control laws would not improve public safety or reduce crime. This flies in the face of contentions by gun control advocates that American police officers generally favor gun control.
(I want to be a fly on the wall of the Brady Center when they see this - of course, they will dismiss it as skewed, false or some other BS)
Police conducted a survey of its readership in January and February. Invitations to participate in their survey were sent to 8,794 active and retired LEO’s. 1,572 responded. That’s an 18% response. Now I know there are some doubters who would question whether or not 1,500 people (out of 8,800) can represent the approximate 1.2 million LEO’s in the U.S today. Consider that 10,000 Neilsen families get to determine what 300 million Americans get to watch on television and the profit-and-loss statements of the major networks.
The results? Gun control was opposed by 88.2% of the respondents. Those that opposed gun control did so for the following reasons:
76.5% believe the only law abiding citizens would obey the lay anyway, and 12.7% believe that criminals would know the public was unarmed. 9.2% believe there is already an availability of guns anyway, and 1.6% believe people would just use other weapons instead.
Out of the 11.8% that support gun control, 36.1% believe that it would help reduce gun crimes. 25.8% believe it would keep guns out of the hands of criminals, and 30.4% believe it would help prevent gun-related accidents.
(on a side note, my career experience has been that those who feel this way in the cop world often are poor shooters to begin with - go figure)
The Police survey also revealed that the strongest support for gun control among police officers is found in the administrative and command ranks. (Nooo! I'm shocked! SHOCKED I tell ya!) Not surprising considering most of them seem to have lost touch with reality anyway. 227 Police Chiefs participated in the survey, and 23% of them supported gun control. 23 Sheriffs participated and NONE of them support gun control. Only 11% of patrol officers, deputies, troopers, and sergeants expressed support for gun control.
63.6% of the survey respondents believe that gun owners should be required to attend a class and be licensed like drivers. Personally, I wouldn’t have a problem with this. (I disagreed with this and voted so on the poll) But then I honestly believe that we should have firearms training and safety classes available in high school. I took my hunter’s safety education during school in an Ag class as a sophomore, and got credit for it. I used to go dove hunting with my Ag teacher and a group of other students. It also wasn’t uncommon when I was in school to see a deer rifle hanging in the gun rack in the back window of students’ pick ups while parked in the school parking lot.
The most interesting result of this survey is that 65.7% of police officers responded that they WOULD NOT assist in the confiscation of firearms from owners law-abiding citizens if ordered to do so. That’s right two thirds of cops would refuse orders to take your guns away from you if you are an honest, law-abiding citizen. Surprising? It didn’t surprise me. Especially when you consider the following:
84% of the respondents said that they shot before becoming a police officer, and 95.7% own additional firearms, other than their duty sidearm.
How many guns do the respondents own? 6.8% own one (1), 11% own two (2), 9.9% own three (3), 7.6% own four (4), and 64.7% own more than four (4+)…
The types of firearms recreation the respondents enjoyed (with multiple answers permitted) are: Hunting (40.1%), Competition Shooting (26%), Plinking (43.6%), Target Shooting (73.9%), and other (5.3%). Only 16.2% answered that they don’t shoot recreationally.
Like I said earlier, these results didn’t surprise me in the least. Most of the fellow officers I know don’t support gun control, own multiple guns, and like to shoot. (Well, of those I work with, most are strong RKBA supporters - however, I also work in a fairly liberal department/city so we have a higher percentage of officers don't meet this picture) The vast majority have absolutely no problem with honest, law-abiding private citizens doing the same. I have personally only met two (2) officers in my 7 years as a cop who have told me that they don’t like guns. One of them is a dyed in the wool liberal, who only owns one gun (duty pistol), is a horrible shot (barely qualifies), and is a hypocrite at best. This officer enjoys an alternative lifestyle, but believes that the 2nd Amendment is outdated. The other officer just doesn’t like guns, but has no problems with anyone else owning or enjoying them.
I have a chief who is quick on CWP signing and is generally pro-gun. However, the adjacent city (Seattle), is a nearly card carrying member of Brady and WashingtonCeasefire.
I'd like to see reasonable input and thoughts on this study/poll (if you want to troll, act all pissy, fling poo, etc., head somewhere else - responsible adult behavior and input is appreciated).
OK if you read this far down, then you are now both more informed, and hopefully more interested. Hopefully you will now take the extra 4 minutes to sign this darn thing.
Thanks for taking the time to read this, even more thanks to any who get motivated to go & sign this.
|April 14, 2010, 16:45||#2|
FALaholic #: 19842
Join Date: Apr 2006
Sheila Jackson can kiss my rebel dong on the white house steps before i'd give up anything!
|April 14, 2010, 17:00||#3|
FALaholic #: 20443
Join Date: Jul 2006
Location: Manhattan, KS
HR1022 died in 2007... I'm really confused...
God created the Earth, Mauser drew the property lines.