Sec. 104. Assault weapons

832 words·~4 min read·/bill/119/s/4339/is/section-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 921(a) of title 18, United States Code, is amended by adding at the end the following: The term assault weapon means each of the following: A semi-automatic center-fire rifle or pistol with a fixed magazine capacity in excess of 15 rounds. A semi-automatic center-fire rifle that meets the following criteria: Has the ability to accept a detachable magazine, not including an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition.

Has 1 or more of the following characteristics: A folding, telescoping, or collapsible stock. A thumbhole stock or pistol grip that protrudes conspicuously beneath the action of the rifle. A second handgrip or a protruding grip that can be held by the non-trigger hand. A grenade launcher. A threaded barrel capable of accepting— a muzzle brake; a muzzle compensator; a sound suppressor; or a flash suppressor. A semi-automatic center-fire pistol that has 2 or more of the following characteristics:

A second handgrip or a protruding grip that can be held by the non-trigger hand. The capacity to accept a magazine that attaches to the pistol outside of the pistol grip. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the pistol with the non-trigger hand without being burned. A threaded barrel capable of accepting— a sound suppressor; a flash suppressor; a barrel extender; or a forward handgrip. A buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate the firing of a firearm from the shoulder.

A semi-automatic shotgun that meets the following criteria: Expels single or multiple projectiles by action of an explosion of a combustible material. Has 1 or more of the following characteristics: A folding, telescoping, or collapsible stock. The ability to accept a detachable magazine. A fixed magazine capacity in excess of 15 rounds. Any characteristic of like kind, as enumerated in items (aa), (bb), and (cc). A shotgun with a revolving cylinder. A firearm that has the capacity to accept a belt ammunition feeding device.

A firearm that has been modified to be operable as a firearm as described in clauses

(i)through (vi). The term assault weapon does not include a firearm that— is an antique firearm; has been rendered permanently inoperable; or is manually operated by bolt, pump, lever, or slide action. . Section 922 of title 18, United States Code, is amended— in subsection (a)(4), by inserting assault weapon, before machinegun ; and in subsection (b)(4), by inserting assault weapon, before machinegun . Section 924 of title 18, United States Code, is amended— in subsection (c)(1), by striking a machinegun or each place it appears and inserting an assault weapon, a machinegun, or ; and in subsection (o), by striking a machinegun or and inserting an assault weapon, machinegun, or . Section 926C(e)(C) of title 18, United States Code, is amended— in clause (ii), by striking and at the end; in clause (ii), by striking and at the end; and by adding at the end the following: any assault weapon; and . Section 922 of title 18, United States Code, as amended by section 102 of this Act, is amended by adding at the end the following: Subject to paragraph (2), it shall be unlawful for any individual who is less than 18 years of age to possess an assault weapon. Paragraph

(1)shall not apply to— any person while present in his or her home or on the property of his or her parent, grandparent, or legal guardian and possessing the assault weapon with the consent of his or her parent, grandparent, or legal guardian who owns the assault weapon; any person who, while accompanied by an adult, is present at a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported; any person who, while accompanied by an adult, is actually engaged in lawful hunting; any person while engaged in official training or carrying out his or her duties as a law enforcement officer or as a member of the Armed Forces (including as a member of a reserve component); any cadet who is participating in training, competitive, or ceremonial activities as a member of the Corps of Cadets or the Reserve Officers' Training Corps at a public institution of higher education; or any active duty law enforcement officer in the course of his or her duties, including as part of training as a recruit at a law enforcement academy. . Section 924 of title 18, United States Code, is amended— in subsection (a)(1), by striking or

(p)and inserting (p), or

(q); and by adding at the end the following: A person who violates section 922(cc) shall be fined not more than $2,500, imprisoned for not more than 1 year, or both. . The amendments made by this section shall take effect 1 year after the date of enactment of this Act.