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Posted: 10/23/2001 3:06:29 PM EDT
[Last Edit: 11/9/2001 6:04:53 PM EDT by SPECTRE]
Hello all, awhile back I posted that My NIB, preban Bushy carbine that I had sent to be refinished had been damaged beyond repair and that the company was going to replace the lower with a new one. WELL, I have been on them pretty heavy about it and as of today, they cannot locate a NIB preban bushy lower to replace it with !!! So, after I gave it to them for the" 2 to 3 weeks" for refinishing, here we are 2 MONTHS later and still no closer to resolving this situation.
They have offered to replace it with a colt lower, but then I would have a colt lower and a bushy upper. that in and of itself is not really that big of a deal, EXCEPT... I paid top dollar for the NIB bushy because that is what I wanted. I did not want a colt. So as I see it I have 3 options...
1- get the colt lower and mate it with my bushy upper and go on with life.(the worst option IMO, but the quickest solution to the problem)
2- make them get me a whole new rifle to replace the new rifle they damaged. probably a colt because finding a new bushy rifle is almost as hard as just a lower. OR request that they just pay me the cash value for full replacement costs.( I have not asked about this option yet, but I'm sure they would fight it pretty hard)
3- Hold out for a bushy lower, but who knows for how long !!(best results, but how long will it take ?? WHO KNOWS !!!)
So, I am asking you guys what your opinions are. If you have other suggestions please feel free to offer them.
Thanks
SPECTRE
Link Posted: 10/23/2001 3:08:40 PM EDT
Is the Colt lower pre-ban??? If it is, go for option 1.
Link Posted: 10/23/2001 3:09:45 PM EDT
I was under the impression that if a pre-ban lower were damaged beyond repair, Bushmaster could provide you with another with the same serial number. I could be wrong but I thought I remembered this topic being discussed before.

Okay guys, am I nuts or am I on to something?

CMOS
Link Posted: 10/23/2001 3:13:49 PM EDT

Originally Posted By CMOS:
I was under the impression that if a pre-ban lower were damaged beyond repair, Bushmaster could provide you with another with the same serial number. I could be wrong but I thought I remembered this topic being discussed before.

Okay guys, am I nuts or am I on to something?

CMOS



You are absolutley correct.
Example- The Bushmaster M17S upgrade requires retrofitting a new lower receiver. They have ATF approval to replace the out-of-spec pre-ban lowers with newly manufactured lowers with the same SN, and the gun still retains it's pre-ban status.
Link Posted: 10/23/2001 3:20:03 PM EDT
[Last Edit: 10/23/2001 3:16:29 PM EDT by SPECTRE]
I have personally talked with the "higher ups" at bushmaster, and they could only submit it to the atf if it was damaged bad enough to warrant replacement. after reveiwing the pics I emailed them they said that the atf would not issue a replacement order in this situation. they said that the atf would recommend it be repaired but bushmaster would not do it.
I dont want a rewelded repaired lower that I just bought NEW !!

The areas that are damaged are the pushpin holes and the holes for the trigger guard. They are not erroded open but are erroded enough that the upper is sloppy and the damage is easily visible.
Link Posted: 10/23/2001 3:27:02 PM EDT
You may want to have the refinishing firm "damage" it some more. Explain to Bushmaster that they were attempting to fix it and failed. A large chunk of the mag well might accidently get hit with a large hammer for example. Bushmaster will probably replace it for a fee.
Link Posted: 10/23/2001 3:38:59 PM EDT
ARDOC, I'd hate to think you were right, but who knows what could happen to the lower if they tried to repair it. The pushpin holes could crack completely, or the trigger guard area could snap and create a safety hazard.
Link Posted: 10/23/2001 3:54:48 PM EDT
Please consider that finding a NIB "preban" lower to attach your preban upper to would not be legal.

In order to retain LEGAL preban status, the lower receiver must have been built into a complete weapon at some time on or before September 13, 1994... Anything else is a big no no!
Link Posted: 10/23/2001 3:58:10 PM EDT
M15 A2.........say no more.......
Link Posted: 10/23/2001 4:02:04 PM EDT
Link Posted: 10/23/2001 4:17:45 PM EDT
I'm sitting her with my 14 year old son reading this post and Scatman puts this bull in, revealing himself as an idiot for sure.
Link Posted: 10/23/2001 4:58:16 PM EDT
Link Posted: 10/23/2001 5:03:25 PM EDT
Olympic Arms routinely replaces Pre-Ban receivers with newly made ones with transfered pre-ban serial number.

Bushmaster probably just does not want to waste the time with a custom set up out of thier normal production run.

May I ask why you felt a NIB Bushmaster needed total refinishing rework and if you were not happy with the finish Bushmaster re-finishes the ones with the Purple tinge routinely also.

What ever company it is just does not want to pony the money for a new gun. I would take the cash and find your own.
Link Posted: 10/23/2001 5:24:45 PM EDT
I would demand cash. By the way, who did you send this weapon to? I sent my preban off to DPMS about six months ago. They did an excellent job, and although they did it in a timely manor, I worried about the shipping end of the deal ( lost, stolen or damage ).I feel your pain, hope all works out for you.
Link Posted: 10/23/2001 5:31:49 PM EDT
Ask for the cash for full replacement plus a little more for the inconvenience.
Link Posted: 10/23/2001 5:38:29 PM EDT

Originally Posted By antiUSSA:
Please consider that finding a NIB "preban" lower to attach your preban upper to would not be legal.

In order to retain LEGAL preban status, the lower receiver must have been built into a complete weapon at some time on or before September 13, 1994... Anything else is a big no no!



You CRACK ME UP!!
Who is to say that it was or was not a complete lower. The person who owns it is not obligated in any way to prove that. Your obligation ends with the serial # being preban. Anything else is up to the the government to prove and good luck if the # is in the preban range. Your fantasy scenario will never even get near a court room.

Return to your flock of sheep and stop spreading fear.
Link Posted: 10/23/2001 10:57:30 PM EDT
RipMeyer, are you intentionally trying to get someone in trouble? Assault weapons, as the government defines them in the law, are banned. The law is unambiguous. The burden of proof is on the government to prove that it is an assault weapon, and it was in your possession. That's easy, for example, your rifle has a pistol grip, a removeable mag, and a flash hider, and you were holding it. Then, you're breaking the law. In your defense, you may use one of the exceptions. For example, you may attempt to claim, beyond a reasonable doubt, that the rifle was assembled before the ban. It is up to you to submit enough proof to create the reasonable doubt.z
Link Posted: 10/23/2001 11:04:58 PM EDT
[Last Edit: 10/23/2001 11:10:13 PM EDT by hondajohn]
I really don't want to get involved in this argument but what ever happened to "innocent untill proven guilty"

John

here is another question if you are legally shooting at a range what probable cause does a police officer for checking your weapon anyway. Pre-bans are legal if you are not breaking any law I wouldn't think this would fall under the seven warentless searches. it would be like stoping every fast looking car and checking them to see if they are illegal.
Link Posted: 10/23/2001 11:13:52 PM EDT
Personnaly, I would take the Pre-Ban Colt lower and move on. However, I do realize that some people don't like mis-matched parts. So, I would try to get money for the whole rifle plus so money for inconvience or at least get the upper back. I would not except money for just the lower...as this wouldn't really help you much.

My .02 cents.

Sgtar15

Link Posted: 10/23/2001 11:32:22 PM EDT

I really don't want to get involved in this argument but what ever happened to "innocent untill proven guilty"

You are innocent until proven guilty. You're innocent until they prove you were in possession of an assault rifle. According to the law, an assault rifle is illegal. Then, you broke the law unless you can show that the rifle was legal because of an exemption. I know it doesn't sound right, but it's the harsh reality.z
Link Posted: 10/23/2001 11:46:27 PM EDT
[Last Edit: 10/23/2001 11:40:52 PM EDT by Gunplay]
As a law student I have yet to come across a case where pre-ban guns led to a prosecution. Does anyone know of such a case? If so E-mail me at Moohaha1@aol.com
Link Posted: 10/23/2001 11:51:50 PM EDT

Originally Posted By antiUSSA:
Please consider that finding a NIB "preban" lower to attach your preban upper to would not be legal.

In order to retain LEGAL preban status, the lower receiver must have been built into a complete weapon at some time on or before September 13, 1994... Anything else is a big no no!



Has the ATF changed positions on this? It used to be that an unassembled lower receiver would still be considered a legal pre-ban so long as an entire set of parts necessary to assemble a complete rifle were possessed along with each lower receiver prior to the ban. I think the ATF would have a mighty hard time proving that was not the case. The only way I could see them foreseeably doing so is if they had a previous owner backed into a corner and offered them a deal or coerced their testimony.
Link Posted: 10/23/2001 11:53:13 PM EDT

Originally Posted By BlackandGreen:
M15 A2.........say no more.......



How about "pre-ban"? How many authentic pre-ban ArmaLite M15As are there in existence?
Link Posted: 10/24/2001 8:26:25 AM EDT

Originally Posted By zoom:
According to the law, an assault rifle is illegal. Then, you broke the law unless you can show that the rifle was legal because of an exemption. I know it doesn't sound right, but it's the harsh reality.z



Assualt Rifles are not illegal.If you have one
that is in the preban S/N range you have nothing to worry about.

If speaking in public was illegal I think some of you would argue that it should not be done.
There is no differance from the first and second ammendment. I dont want everyone to go about breaking laws, but really, some of you have no spine. Its your God given RIGHT!!PROTECT IT!!

Boomer

You are correct,last I heard. All that is/was required is to have all the parts to make an assualt weapon at the time of the ban.


.
Link Posted: 10/26/2001 11:58:49 PM EDT
Rip,

The law is clear. Semiautomatic assault weapons are illegal. The only exception is for those semiautomatic assault weapons lawfully possessed prior to 9/13/1994. They only have to prove that it is an assault weapon. If they wish, they can also attempt to prove that it was manufactured after 9/13/1994, but they don't have to. It's up to the defendant to offer the pre-9/13/1994 status of the firearm in question as a defense.

gunplay,

If I recall correctly, there was a recent conviction in Tennessee. I expect that any AUSA would be happy to include this as another charge to pile on. Many, if not most, persons violating the SAW laws also have other issues that would attract federal attention.
Link Posted: 10/27/2001 7:51:58 AM EDT
[Last Edit: 10/27/2001 7:49:01 AM EDT by Vinnie]

Originally Posted By hondajohn:
it would be like stoping every fast looking car and checking them to see if they are illegal.



When I had my Z/28, I was stopped and ticketed for EVERYTHING imaginable except speeding because near the end of it's exsistance, she had one blown cylinder. Of course the officers couldn't see that, just a kid with a tricked out hotrod. Even when it was a speeding ticket ot was for infractions like 60 in a 55. Why even take the chance of running into a BATF agent having a "really bad day."
Link Posted: 10/27/2001 8:03:05 AM EDT
I'd accept the Colt lower with condition that the bushmaster lower that was damaged be returned also. then get the bushmaster lower repaired and sell it, to begin the hunt anew.......
Link Posted: 10/27/2001 8:26:23 AM EDT

Originally Posted By SGB:
I'd accept the Colt lower with condition that the bushmaster lower that was damaged be returned also. then get the bushmaster lower repaired and sell it, to begin the hunt anew.......



I think this is the best solution. If the repair company is out of state, take what you can get and get on with life. Better yet, decide if your intention is to be rifleman or a gun collector, and let the answer guide your actions.

RipMeyer, you are living in a dangerous fantasy world of denial. BATF does not have to actually convict you of anything to ruin your life. Just the time and expense of defending yourself against charges, questionable or not, will break most people. I wouldn't want to try it, and I would err as far on the side of safety as possible.

shooter
Link Posted: 10/27/2001 10:32:48 AM EDT
I still can't believe thre is nothing Bushmaster can do with the ruined lower. If you gave them a Bushmaster, they should return a Bushmaster, not a colt/bushmaster
Link Posted: 10/27/2001 10:43:20 AM EDT
I'm going to have to agree with RipMeyer here. If nobody is willing to fight, then we are doomed. Obeying a clearly unconstitutional law is no better than supporting it. It is implicit support of the law. I refuse to obey any law that is in clear violation of the Constitution. The ATF can go to hell. The colonists didn't obeyed the dictates of Parliament, fully knowing they could get in trouble. It was the principle. Obeying a law that violates your unalienable rights is wrong. I refuse to bow down to the tyrants.
Link Posted: 10/27/2001 11:34:54 AM EDT

Originally Posted By Vinnie:

Originally Posted By hondajohn:
it would be like stoping every fast looking car and checking them to see if they are illegal.



When I had my Z/28, I was stopped and ticketed for EVERYTHING imaginable except speeding because near the end of it's exsistance, she had one blown cylinder. Of course the officers couldn't see that, just a kid with a tricked out hotrod. Even when it was a speeding ticket ot was for infractions like 60 in a 55. Why even take the chance of running into a BATF agent having a "really bad day."



Seems like every day is a bad day for them. I have allot of respect for these people but when it comes right down to it, they do what they want and ask questions later.
Link Posted: 10/27/2001 11:51:30 AM EDT

Originally Posted By libertyof76:
I'm going to have to agree with RipMeyer here. If nobody is willing to fight, then we are doomed. Obeying a clearly unconstitutional law is no better than supporting it. It is implicit support of the law. I refuse to obey any law that is in clear violation of the Constitution. The ATF can go to hell. The colonists didn't obeyed the dictates of Parliament, fully knowing they could get in trouble. It was the principle. Obeying a law that violates your unalienable rights is wrong. I refuse to bow down to the tyrants.



I used to not wear a seatbelt because it was a stupid law used to create revenue disguised as a "For your own saftey." A few hundred dollars later, and many years wiser, I now wear a seat belt. Saying a law is unjust and breaking it for that sake is foolish. You are the only one that looses, in this case heavy fines, jail tme and the ,loss of your prized collection. It sucks, but until we can convince the powers that be that it's dumb, we need to obey.
Link Posted: 10/27/2001 3:20:39 PM EDT
Link Posted: 10/27/2001 5:39:45 PM EDT
Here's some advice, since you asked.

Get a lawyer,

Have the lawyer advise you of your rights,

Decide what you really want out of the deal,

Have the lawyer contact the company and lay out your position and conditions,

Make the deal sweet enough that the lawyer gets paid out of their pocket, not yours.

OR... you can skip the lawyer and let this thing drag on for a year. (which if you really want to know, is exactly what the company is trying to do...the longer they can drag it out, the less likely they will be to have to pay anything! This is a textbook technique and tactic when a company totally screws some one. What do they have to lose if you get frustrated and settle for less than you are entitled to?)

Good luck
Link Posted: 10/28/2001 5:46:51 AM EDT
Spectre, as Dickie would say... "doom on you". These rifles are for shooting and not for masturbating. I have no idea what you where thinking while sending out a NIB preban Bushmaster lower for refinishing.
Link Posted: 11/9/2001 6:10:21 PM EDT
Well, here's the latest..... They called me yesterday and said "it's ready, come on down" So I scurried on down and picked it up. It was back to original, some scratches, but I was just happy to get it back. So I get home around 1700 hrs, and start the serial number investigation. It had a high preban number, but it was in the pre range, so I felt a little better. Today I call bushmaster to verify it's preban status, AND GUESS WHAT !!! It was sold to a dealer in march of 95, and was sold as a lower only, therefore, according to bushmaster, it is a postban.
AHHHHHHHHHHHH
Soooooo, I call them back and say, we have a problem here, he reluctantly agrees, but blames the seller for misleading him. He now says bring it back so he can send it back to the seller and start to try to locate another lower.
BACK TO F%^&ING SQUARE ONE !!!!!
A few weeks ago his employee suggested we just cash out and I could just buy me a new rifle. I agreed but the owner got mad and accused me of trying to "parlay" this into a new rifle !!! I responded that IT WAS A NEW RIFLE UNTILL YOU FU#$ED IT UP !!! so he wasnt to keen on the cash out, but that is what I am going to push for on monday.
Stay tuned kids, this could get even better !!
Woe is me
Link Posted: 11/9/2001 6:47:29 PM EDT
Was the Colt a standard pin size one?

Uppers is uppers, parts is parts.

Most of the parts are second party vendors be it ArmaLite, Bushmaster, Colt, etc., etc., etc.
Link Posted: 11/9/2001 7:03:12 PM EDT
[Last Edit: 11/9/2001 6:59:41 PM EDT by Coltshooter]
originally posted by Vinnie;


we need to obey.


I have no such "NEED".

That should have read; "I need to obey"
Link Posted: 11/9/2001 7:12:44 PM EDT
Spectre
Now, I think I'd have to go the lawyer route and sue the company. Go for full value on the new Bushie pre-ban+ legal fees+ loss of use+ anything else you can think of. Then go and get you a Colt Gov't model with the small pins, drilled, fenced, no sear block.

Then, you'll really have a "collector's" rifle. Otherwise, get the money and buy 2 or 3 postbans and have a real "collection".
Link Posted: 11/9/2001 8:23:54 PM EDT
Spectre, why did you refinish a new rifle again? Get a lawyer, get every penny you paid for the rifle back, plus your legal fees, or take him to court and sue him for the same.

God Bless Texas
Link Posted: 11/10/2001 1:40:46 AM EDT
Link Posted: 11/10/2001 3:19:58 AM EDT

Originally Posted By Troy:
Get your original Bushmaster lower back. Arrange for it to be in a car accident. "It was in the trunk when I was rear-ended." Imagine the damage that could happen to a *STRIPPED* lower if a car ran over the mag well...

Send the lower to Bushmaster to "repair." Have the refinishing company pay for the cost of the "repair."

-Troy




Wouldn't it suck if, in addition to going thru hell to het his rifle back, he also got pinched for the scam. I'd imagine at leat 1 Bushmaster employee lurks these boards.
Link Posted: 11/12/2001 4:50:26 AM EDT
[Last Edit: 11/14/2001 8:17:30 AM EDT by Quarterbore]
There is two themes going in this tread...

In regards to following the ATF laws, I, MYSELF do follow the ATF laws as...

#1 I own a registered M-16 and I have NO INTEREST in loosing it over a stupid bayonet lug, flash supressor, or CAR stock on an AR-15!

#2 I like to come to these forums and talk about my guns and I like to go to matches and the range to shoot.

At least if you CHOOSE to break the law, be smart enough not to brag about how you do such on the internet. Hell, I don't care if YOU loose YOUR RIGHT to own a gun but I sure as hell care about me loosing MY RIGHTS because I had a big mouth. Hell even if you don't loose the gun because the ATF takes it, you will loose it to pay your lawer!

As for the lower at hand, the problem really is with the refinishing company. I think you should go for replacement cost and get another rifle which may be darned difficult. I must also ask why you would take a NEW PRE-BAN and get it refinished? If you are getting it refinished, why not buy a well used lower and buy new components and then have the whole thing refinished. It seems that would have been a cheaper way to do this and it wouldn't destroy the collectable value of a NIB Bushmaster Pre-Ban which you did by refinishing it!

As for "SCAMMING" Bushmaster, I don't think this is really scamming the manufacturers as they do charge for this service. This is different than actually damaging something and asking them to pay for it! It may be scamming the ATF and if too many people were to take advantage of the situation as described here the ATF might change their minds allowing replacement lowers regardless of the reason and that would be sad!

Good Luck, but I would try to get the money... buy a USED Bushmaster.... then get it refinished....

Oh yea, I would also let the rest of us know who ruined your gun so that we don't allow them the chance to screw up one of our guns!

Good Luck
Link Posted: 11/12/2001 5:45:45 AM EDT
Who does Bushmaster farm their lowers out to for production?

More info on this Oly replacement thing?
Link Posted: 11/12/2001 8:09:36 AM EDT
Get a new paintball gun instead...jr.
Link Posted: 11/12/2001 12:46:01 PM EDT

Originally Posted By SPECTRE:
I have personally talked with the "higher ups" at bushmaster, and they could only submit it to the atf if it was damaged bad enough to warrant replacement. after reveiwing the pics I emailed them they said that the atf would not issue a replacement order in this situation. they said that the atf would recommend it be repaired but bushmaster would not do it.
I dont want a rewelded repaired lower that I just bought NEW !!

The areas that are damaged are the pushpin holes and the holes for the trigger guard. They are not erroded open but are erroded enough that the upper is sloppy and the damage is easily visible.



Well maybe ( )...just maybe( ) the lower was damaged WORSE than what everyone imagined ( )

Just a thought ( )
Link Posted: 11/12/2001 1:00:50 PM EDT
I got into a pissing match with Steve-In-VA about this 3 months ago. So Here is the actual text. And, yes it can be read both ways.



"(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.

Link Posted: 11/12/2001 1:02:22 PM EDT
[Last Edit: 11/12/2001 1:30:43 PM EDT by cc48510]
Here is Title XI in it's entirety:



TITLE XI-FIREARMS

Subtitle A-Assault Weapons

SEC. 110101. SHORT TITLE.

This subtitle may be cited as the "Public Safety and Recreational Firearms Use Protection Act".

SEC. 110102. 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 new subsection:

(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 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.".

Link Posted: 11/12/2001 1:03:11 PM EDT
[Last Edit: 11/12/2001 1:19:46 PM EDT by cc48510]


(B) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON-

Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraph:

(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 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.".

Link Posted: 11/12/2001 1:04:43 PM EDT
[Last Edit: 11/12/2001 1:29:47 PM EDT by cc48510]


SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(A) PROHIBITION-

Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection:

(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 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).

Link Posted: 11/12/2001 1:05:35 PM EDT
[Last Edit: 11/12/2001 1:27:28 PM EDT by cc48510]


(B) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.

Section 921(a) of title 18, United States Code, as amended by section 110102(b), is amended by adding at the end the following new paragraph:

(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 110102(c)(1), 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 110102(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. 110104. STUDY BY ATTORNEY GENERAL.

(A) STUDY.-

The Attorney General shall investigate and study the effect of this subtitle and the amendments made by this subtitle, 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. 110105. EFFECTIVE DATE.

This subtitle and the amendments made by this subtitle-

(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.

SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.

Section 922 of title 18, United States Code, is amended by adding at the end the following appendix:

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