AWB question...build related.
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George,
After it sunsets, it will be like it never happened.
There will be no pre or post.
I am planning to take a picture of all my rifles built after 9/14 with them sitting on the front page of a current news paper with the date clearly visible, then mail them to myself, leaving them in the sealed post marked envelope.
That way if they do put another ban in place, I will have proof I built them before it took effect.
I've heard that musicians some times do this as a cheap way to prove copyrights.
Jack,
What are your thoughts on this.
Will it hold up, if we ever have to prove a rifle was built before a certain date?
After it sunsets, it will be like it never happened.
There will be no pre or post.
I am planning to take a picture of all my rifles built after 9/14 with them sitting on the front page of a current news paper with the date clearly visible, then mail them to myself, leaving them in the sealed post marked envelope.
That way if they do put another ban in place, I will have proof I built them before it took effect.
I've heard that musicians some times do this as a cheap way to prove copyrights.
Jack,
What are your thoughts on this.
Will it hold up, if we ever have to prove a rifle was built before a certain date?
Sounds good to me if you can get in on the serial number. But, why would you do that? Your comment about 9/13/04 forward was correct. "Like the law never existed" No ban, now law, no problem. Actually, after 9/13/04 the real question is "what is an assault weapon, and why do I care?" As long is the weapon is "domestic" (meaning with proper U.S. made parts count) you are legal. Jack
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Jack,
I'm not really concerned with the old AWB, I'm saying that I want to have proof the rifle was made BEFORE a certain date.
Worst possible scenario, Kerry gets elected.
First thing he does is put in place a new ban effective say, 3/1/05.
I want to be able to prove, these rifles were built prior to that date.
I'm not really concerned with the old AWB, I'm saying that I want to have proof the rifle was made BEFORE a certain date.
Worst possible scenario, Kerry gets elected.
First thing he does is put in place a new ban effective say, 3/1/05.
I want to be able to prove, these rifles were built prior to that date.
Max, I believe you should generate some documentation regarding your builds. I think it is wise (as I have said before) to make a log of each build which would include serial numbers as well as any pictures, references to invoices for parts, discussions with other about a particular build, etc. I also think that all serial numbers on home made receivers should be in numerical order or have a code in which you show build date. Remember, any new law has to be carried forward and can not be expost facto (in reverse regarding its effect). It will be the government's burden to show that the weapon was made after that, something that with a little effort for each build should be able to defeat their assertions. Jack
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Jack,
I agree 100%.
I do a build sheet on every rifle, including all the things you mentioned as well as which US parts were used and where they came from.
But I figured that offered little proof, since I could have dated them any date I choose.
But by using the newspaper I'm proving that it was after that date, and the post mark proves it was made before that date.
Thereby creating a indisputable "window" of when the rifle was actually finished and in my possession.
I agree 100%.
I do a build sheet on every rifle, including all the things you mentioned as well as which US parts were used and where they came from.
But I figured that offered little proof, since I could have dated them any date I choose.
But by using the newspaper I'm proving that it was after that date, and the post mark proves it was made before that date.
Thereby creating a indisputable "window" of when the rifle was actually finished and in my possession.
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4,303 Posts
As usual with Max and Jack's ideas, I like these, and would much prefer to go the extra mile to have some documentation rather than just trust the goverment to believe that they were made at a certain time. Much better safe than sorry!
Grendeljaeger said:
Thanks for the compliments. I think Max is right on with trying to establish a hard and sound method of "aging" his build. Who knows what the future will bring. As an aside, I am now changing my language for the ban sunset. If you look at the 1994 legislation it speaks of the ban being repealed in ten years.
:bull: :bull: :bull: :bull: :bull: :bull: :bull: :bull: :bull: :bull: :bull: :bull:
H.R. REP. 103-489, H.R. Rep. No. 489, 103RD Cong., 2ND Sess. 1994, 1994 U.S.C.C.A.N. 1820, 1994 WL 168883 (Leg.Hist.)
P.L. 103-322, VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
PUBLIC SAFETY AND RECREATIONAL FIREARMS USE PROTECTION ACT
DATES OF CONSIDERATION AND PASSAGE
House: November 3, 1993; March 23, April 14, 19, 20, 21, May 5, August 19, 21,
1994
Senate: November 3, 4, 5, 8, 9, 10, 11, 16, 17, 18, 19, 1993; May 19, August
22, 23, 24, 25, 1994
Cong. Record Vol. 139 (1993)
Cong. Record Vol. 140 (1994)
House Report (Judiciary Committee) No. 103-324,
Nov. 3, 1993 (To accompany H.R. 3355)
House Report (Judiciary Committee) No. 103-489,
May 2, 1994 (To accompany H.R. 4296)
House Conference Report No. 103-694,
Aug. 10, 1994 (To accompany H.R. 3355)
House Conference Report No. 103-711,
Aug. 21, 1994 (To accompany H.R. 3355)
RELATED REPORTS
House Report (Judiciary Committee) No. 103-45,
Mar. 29, 1993 (To accompany H.R. 829)
House Report (Judiciary Committee) No. 103-245,
Sept. 21, 1993 (To accompany H.R. 1385)
House Report (Judiciary Committee) No. 103-320,
Nov. 3, 1993 (To accompany H.R. 3350)
House Report (Judiciary Committee) No. 103-321,
Nov. 3, 1993 (To accompany H.R. 3351)
House Report (Judiciary Committee) No. 103-322,
Nov. 3, 1993 (To accompany H.R. 3353)
House Report (Judiciary Committee) No. 103-323,
Nov. 3, 1993 (To accompany H.R. 3354)
House Report (Judiciary Committee) No. 103-389,
Nov. 20, 1993 (To accompany H.R. 3098)
House Report (Judiciary Committee) No. 103-392,
Nov. 20, 1993 (To accompany H.R. 324)
House Report (Judiciary Committee) No. 103-395,
Nov. 20, 1993 (To accompany H.R. 1130)
House Report (Natural Resources Committee) No. 103-444,
Mar. 21, 1994 (To accompany H.R. 4034)
House Report (Judiciary Committee) No. 103-459,
Mar. 24, 1994 (To accompany H.R. 4033)
House Report (Judiciary Committee) No. 103-460,
Mar. 24, 1994 (To accompany H.R. 3979)
House Report (Judiciary Committee) No. 103-461,
Mar. 25, 1994 (To accompany H.R. 1120)
House Report (Judiciary Committee) No. 103-462,
Mar. 25, 1994 (To accompany H.R. 3968)
House Report (Judiciary Committee) No. 103-463,
Mar. 25, 1994 (To accompany H.R. 3981)
House Report (Judiciary Committee) No. 103-464,
Mar. 25, 1994 (To accompany H.R. 4030)
House Report (Judiciary Committee) No. 103-465,
Mar. 25, 1994 (To accompany H.R. 4031)
House Report (Judiciary Committee) No. 103-466,
Mar. 25, 1994 (To accompany H.R. 4032)
House Report (Judiciary Committee) No. 103-468,
Mar. 25, 1994 (To accompany H.R. 665)
House Report (Judiciary Committee) No. 103-469,
Mar. 25, 1994 (To accompany H.R. 3993)
House Report (Judiciary Committee) No. 103-489,
May 2, 1994 (To accompany H.R. 4296)
House Report (Judiciary Committee) No. 103-138,
Sept. 10, 1994 (To accompany S. 11)
HOUSE REPORT NO. 103-489
May 2, 1994
[To accompany H.R. 4296]
The Committee on the Judiciary, to whom was referred the bill (H.R. 4296) to make unlawful the transfer or possession of assault weapons, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Public Safety and Recreational Firearms Use Protection Act".
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 at the end 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 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 Act is in effect.
"(4) Paragraph (1) shall not apply to-
"(A) the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State;
"(B) the transfer of a semiautomatic assault weapon by a licensed manufacturer, licensed importer, or licensed dealer to an entity referred to in subparagraph (A) or to a law enforcement officer authorized by such an entity to purchase firearms for official use;
"(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 such title is amended by adding at the end the following:
"(30) The term 'semiautomatic assault weapon' means-
"(A) any of the firearms, or copies or duplicates of the firearms, 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 such title 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) of such title is amended in the first sentence by inserting ", or semiautomatic assault weapon," after "short-barreled shotgun,".
(d) Identification Markings for Semiautomatic Assault Weapons.-Section 923(i) of such title 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. RECORDKEEPING REQUIREMENTS FOR TRANSFERS OF GRANDFATHERED FIREARMS.
(a) Offense.-Section 922 of title 18, United States Code, as amended by section 2(a) of this Act, is amended by adding at the end the following:
"(w)(1) It shall be unlawful for a person to sell, ship, or deliver a semiautomatic assault weapon to a person who has not completed a form 4473 in connection with the transfer of the semiautomatic assault weapon.
"(2) It shall be unlawful for a person to receive a semiautomatic assault weapon unless the person has completed a form 4473 in connection with the transfer of the semiautomatic assault weapon.
"(3) If a person receives a semiautomatic assault weapon from anyone other than a licensed dealer, both the person and the transferor shall retain a copy of the form 4473 completed in connection with the transfer.
"(4) Within 90 days after the date of the enactment of this subsection, the Secretary shall prescribe regulations ensuring the availability of form 4473 to owners of semiautomatic assault weapons.
"(5) As used in this subsection, the term 'form 4473' means-
"(A) the form which, as of the date of the enactment of this subsection, is designated by the Secretary as form 4473; or
"(B) any other form which-
"(i) is required by the Secretary, in lieu of the form described in subparagraph (A), to be completed in connection with the transfer of a semiautomatic assault weapon; and
"(ii) when completed, contains, at a minimum, the information that, as of the date of the enactment of this subsection, is required to be provided on the form described in subparagraph (A).". (b) Penalty.-Section 924(a) of such title is amended by adding at the end the following:
"(6) A person who knowingly violates section 922(w) shall be fined not more than $1,000, imprisoned not more than 6 months, or both. Section 3571 shall not apply to any offense under this paragraph.".
SEC. 4. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition.-Section 922 of title 18, United States Code, as amended by sections 2 and 3 of this Act, is amended by adding at the end the following:
"(x)(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 the date of the enactment of this subsection.
"(3) This subsection shall not apply to-
"(A) the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State;
"(B) the transfer of a large capacity ammunition feeding device by a licensed manufacturer, licensed importer, or licensed dealer to an entity referred to in subparagraph (A) or to a law enforcement officer authorized by such an entity to purchase large capacity ammunition feeding devices for official use;
"(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.".
(b) Definition of Large Capacity Ammunition Feeding Device.-Section 921(a) of such title, as amended by section 2(b) of this Act, is amended by adding at the end the following:
"(31) 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 assembled; but
"(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.". (c) Large Capacity Ammunition Feeding Devices Treated as Firearms.-Section 921(a)(3) of such title is amended in the first sentence by striking "or (D) any destructive device." and inserting "(D) any destructive device; or (E) any large capacity ammunition feeding device.".
(d) Penalty.-Section 924(a)(1)(B) of such title, as amended by section 2(c) of this Act, is amended by striking "or (v)" and inserting "(v), or (x)".
(e) Identification Markings for Large Capacity Ammunition Feeding Devices.- Section 923(i) of such title, as amended by section 2(d) of this Act, 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 Secretary may by regulation prescribe.".
SEC. 5. STUDY BY ATTORNEY GENERAL.
(a) Study.-The Attorney General shall investigate and study the effect of this Act and the amendments made by this Act, and in particular shall determine their impact, if any, on violent and drug trafficking crime. The study shall be conducted over a period of 18 months, commencing 12 months after the date of enactment of this Act. (b) Report.-Not later than 30 months after the date of enactment of this Act, the Attorney General shall prepare and submit to the Congress a report setting forth in detail the findings and determinations made in the study under subsection (a).
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act-
(1) shall take effect on the date of the enactment of this Act; and
(2) are repealed effective as of the date that is 10 years after that date.
Repeal is a good thing. It means that the law is no more. They repealed Prohabition. A sunset is when the law has a provision like this one to go to repeal after a certain date. Hense the law is no more. The sunset provision causes the repeal, in other cases the legislature can do away with the law that is a repeal as well . Jack7.62x39 said:
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2,235 Posts
If they do not enact a new ban and have it OVERLAP the current ban then ALL weapons made prior to date of NEW BAN will be PREBAN.
I suspect that this will even include receivers that are in YOUR hands.
Who is to say when the receiver was really built.
Think about it. The manufactures KNOW when a receiver was made and when it was sold.
So they say from xxxxxx to xxxxxxxx where made prior to AWB II.
Think of all of those AR-15 receivers that people where selling.
You know a complete lower is NOT a complete weapon.
I placed a order with OOW this week for 6 receivers.
I am gonna place a order next week for 6 more.
Just to have in my safe.
Basically if they do nothing then on Sept 14th the past 10 years did not exist.
So all LEO marked mags will be availible to EVERYONE.
This works the same with Semi-auto Assault weapons that are marked LEO ONLY
Do not buy any "preban" mags unless they pass a new ban.
Hell, it makes me sick people currently buying Glock mags for $50 each when in 3 weeks they will be $15 each
You want to buy some mags, buy chinese drums...
I suspect that this will even include receivers that are in YOUR hands.
Who is to say when the receiver was really built.
Think about it. The manufactures KNOW when a receiver was made and when it was sold.
So they say from xxxxxx to xxxxxxxx where made prior to AWB II.
Think of all of those AR-15 receivers that people where selling.
You know a complete lower is NOT a complete weapon.
I placed a order with OOW this week for 6 receivers.
I am gonna place a order next week for 6 more.
Just to have in my safe.
Basically if they do nothing then on Sept 14th the past 10 years did not exist.
So all LEO marked mags will be availible to EVERYONE.
This works the same with Semi-auto Assault weapons that are marked LEO ONLY
Do not buy any "preban" mags unless they pass a new ban.
Hell, it makes me sick people currently buying Glock mags for $50 each when in 3 weeks they will be $15 each
You want to buy some mags, buy chinese drums...
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