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NFA registered ARs and how an AWB would effect them.

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  • MTA

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    This is why I have never gotten into the NFA world. I would if autos were reasonably price though
    Texas SOT
     

    sucker76

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    Ever read the text of the original Metzenbaum bill for an assault rifle ban from the late 1980s? That was the initial legislation upon which the 1994 ban was based.

    The first draft defined as an "assault rifle" any firearm that took a detachable magazine that could hold more than 10 rounds and could be converted into a rifle. Since 99.9% of semi-auto handguns can be fitted with an extended magazine, a long barrel, and a shoulder stock, that first draft of the "assault rifle" legislation actually would have outlawed just about every semi-auto handgun in existence.

    Yeah, re-classifying pistols as SBRs definitely seems like something they would do.

    I thought that was relating to magazines not in the grip.
     

    benenglish

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    I thought that was relating to magazines not in the grip.
    No. The original language regarding magazines not in the grip was that they were banned, period. I remember thinking that the Olympic shooters using Walthers would be disappointed.

    The original language was insane. My take on it, at the time, was that in an attempt to ban assault rifles, they would have banned just about all semi-auto handguns, rifles, and shotguns. There were also a number of non-semi-autos that would have been banned because of their ability to use what later came to be called high capacity ammunition feeding devices.

    The original Metzenbaum bill (and remember, we're going back 30 years, here) simply defined "assault rifle" so broadly that it would have outright banned at least a quarter of all firearms in circulation at the time.

    Caveat: This answer is drawn from memory. If anyone has the original bill language, I'd be happy to re-read it and see if I've made any mistakes. The older I get the more I realize that's not just possible but highly probable. :)
     
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    Text: S.386 — 101st Congress (1989-1990)All Information (Except Text)



    Shown Here:
    Introduced in Senate



    B37 2-9-89 [OC's]
    S 386 IS
    101st CONGRESS
    1st Session
    S. 386
    To control the sale and use of assault weapons.
    IN THE SENATE OF THE UNITED STATES
    February 8 (legislative day, JANUARY 3), 1989
    Mr. METZENBAUM (for himself, Mr. CHAFEE, Mr. PELL, and Mr. CRANSTON)
    introduced the following bill; which was read twice and referred to the
    Committee on the Judiciary
    A BILL
    To control the sale and use of assault weapons.
    Be it enacted by the Senate and House of Representatives of the United
    States of America in Congress assembled, That this Act shall be cited as
    the `Assault Weapon Control Act of 1989'.
    SEC. 2. Section 922 of title 18, United States Code, is amended by adding
    at the end thereof the following:
    `(p)(1) Except as provided in paragraph (2), it shall be unlawful for
    any person to transfer, import, transport, ship, receive or possess any
    assault weapon.
    `(2) This subsection does not apply with respect to--
    `(A) transfer, importation, transporting, shipping or receiving to or by,
    or possession by or under, authority of the United States or any department
    or agency thereof, or of any State or any department, agency, or political
    subdivision thereof; or
    `(B) any lawful transfer or possession of such a weapon that was lawfully
    possessed before the effective date of this subsection.
    `(q)(1) Except as provided in paragraph (2), it shall be unlawful for
    any person to transfer, import, transport, ship, receive or possess a
    large-capacity detachable magazine or large-capacity ammunition belt,
    which can be employed by a semiautomatic firearm.
    `(2) This subsection does not apply with respect to--
    `(A) any transfer, importation, transporting, shipping or receiving to
    or by, or possession by or under, authority of the United States or any
    department or agency thereof, or of any State or any department, agency,
    or political subdivision thereof; or
    `(B) within sixty days of the date of enactment of this Act--
    `(i) any possession of such magazine or ammunition belt that was lawfully
    possessed before the date of this subsection; or
    `(ii) any transfer, transporting, shipping, or receiving to or by any person
    for the purpose of sale or donation of such magazines or ammunition belts
    to the United States or any department or agency thereof, or any State or
    any department, agency or political subdivision thereof.'.
    SEC. 3. Section 921(a) of title 18, United States Code, is amended by
    adding at the end thereof the following:
    `(25) The term `assault weapon' means all firearms designated as assault
    weapons in this paragraph and all other semiautomatic firearms which
    are determined by the Secretary of the Treasury, in consultation with the
    Attorney General, to be assault weapons, as provided in this Act. Such term
    shall include, in addition to any other firearm identified by the Secretary,
    all versions of the following, including firearms sold under the designation
    provided in this subsection and firearms which are substantially identical
    sold under any designation:
    `(A) Avtomat Kalashnikov semiautomatic firearms;
    `(B) Uzi semiautomatic firearms;
    `(C) Ingram Mac 10 or 11 semiautomatic firearms;
    `(D) TEC 9 and TEC 22 semiautomatic firearms;
    `(E) Ruger Mini 14 semiautomatic firearms;
    `(F) AR-15 semiautomatic firearms;
    `(G) Beretta AR 70 semiautomatic firearms;
    `(H) FN-FAL and FN-FNC semiautomatic firearms;
    `(I) Steyr Aug semiautomatic firearms;
    `(J) shotguns with revolving cylinders known as the Street Sweeper and
    Striker 12;
    `(K) any other semiautomatic firearm with a fixed magazine capacity
    exceeding ten rounds; and
    `(L) any other shotgun with a fixed magazine, cylinder or drum capacity
    exceeding six rounds.
    `(26) The term `large-capacity magazine' means a box, drum or other container
    which holds more than ten rounds of ammunition to be fed continuously into
    a semiautomatic firearm, or a magazine which can be readily converted into
    a large-capacity magazine.
    `(27) The term `large-capacity ammunition belt' means a belt or strip
    which holds more than ten rounds of ammunition to be fed continuously
    into a semiautomatic firearm, or an ammunition belt which can be readily
    converted into a large-capacity ammunition belt.
    `(28) The term `semiautomatic' means a firearm capable of firing a series of
    rounds by a successive depression of the trigger without additional slide,
    bolt or other manual action.'.
     
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    SEC. 4. Title 18, United States Code, is amended by adding the following
    new section to chapter 44:
    `Sec. . Identification of assault weapons
    `(a) The Secretary, in consultation with the Attorney General shall,
    within thirty days after the date of enactment of this Act, determine which
    firearms sold, or potentially sold in the United States, in addition to
    those specifically designated in this Act, shall be designated as assault
    weapons under the provisions of section 3 of this Act. The Secretary shall
    publish the list of firearms so designated and take steps to make the list
    and explanatory information widely available to the public.
    `(b) The Secretary, after consultation with the Attorney General, may
    periodically modify the list of firearms designated as assault weapons
    consistent with this Act.
    `(c) The Secretary may issue an emergency order, for not longer than ninety
    days, barring importation and sale of any firearms, which the Secretary
    has reason to believe may be designated an assault weapon.
    `(d) Notwithstanding any provision of this Act, no firearm shall be
    designated as an assault weapon which--
    `(1) does not employ fixed ammunition;
    `(2) was manufactured prior to 1898;
    `(3) operates by manual bolt action'
    `(4) operates by lever action;
    `(5) operates by slide action;
    `(6) is a single shot weapon;
    `(7) is a multiple barrel weapon;
    `(8) is a revolving cylinger weapon other than a shotgun;
    `(9) employs a fixed magazine with a capacity of ten rounds or less;
    `(10) is a rimfire weapon that employs a tubular magazine with a magazine
    capacity of six rounds or less;
    `(11) cannot employ a detachable magazine or ammunition belt with a capacity
    greater than ten rounds; or
    `(12) was modified so as to render it permanently inoperable or so as to
    make it permanently a device which may not appropriately be designated as
    an assault weapon.
    `(e) The Secretary, in consultation with the Attorney General, shall,
    when appropriate, recommend to Congress any appropriate modification of
    this Act, including the addition or deletion of firearms to be designated
    as assault weapons: Provided, That the Secretary shall submit an initial
    report containing any recommendations regarding the type of firearms
    designated as assault weapons no later than three months after the date
    of enactment of this Act.'.
    SEC. 5. Title 18, United States Code, is amended by adding the following
    new section to chapter 44:
    `Sec. . Use of assault weapons
    `(a) Whoever, during and in relation to the commission of a crime of
    violence or drug trafficking crime (including a crime of violence or drug
    trafficking crime, which provides for an enhanced punishment if committed
    by the use of a deadly or dangerous weapon or device) for which he may
    be prosecuted in a court of the United States, uses or carries an assault
    weapon, shall, in addition to the punishment provided for the commission
    of such other crimes committed by the defendant, be sentenced to a term
    of imprisonment for not less than five years.
    `(b) For purposes of this subsection, the term `drug trafficking crime'
    means any felony violation of Federal law involving the distribution,
    manufacture, or importation of any controlled substance (as defined in
    section 102 of the Controlled Substances Act).'.
    SEC. 6. (a) Section 5812 of title 26, United States Code, is amended by
    inserting the phrase `or assault weapon' after `firearm' wherever it appears.
    (b) Section 5822 of title 26, United States Code, is amended by inserting
    the phrase `or assault weapon' after `firearm' wherever it appears.
    (c) Subsections (a), (b), and (c) of section 5841 of title 26, United
    States Code, is amended by adding the phrase `or assault weapons' after
    `firearms' wherever it appears and adding the phrase `or assault weapon'
    after `firearm' wherever it appears.
    (d) Section 5841 of title 26, United States Code, is amended by adding
    the following new subsection:
    `(f) Any person in the possession of an assault weapon on the date of
    enactment of this Act shall register such firearm with the Secretary
    under such regulations as he may prescribe. Such registration shall be
    required for any type of assault weapon not later than thirty days from
    the date the Secretary provides public notice that the type of firearm is
    designated as an assault weapon or promulgates regulations for registration,
    whichever is later: Provided, That any firearm specifically designated as
    an assault weapon in paragraphs 921(a)(25)(A)-(I), as added by this Act,
    shall be registered within thirty days of the promulgation of regulations
    for registration by the Secretary.'.
    (e) Section 5861 of title 26, United States Code, is amended by adding
    the following new subsection:
    `(m) to fail to register an assault weapon in violation of the provisions
    of this chapter.'.
    (f) Section 5845 of title 26, United States Code, is amended by adding
    the following new subsection:
    `(i) ASSAULT WEAPONS- The term `assault weapon' shall have the meaning
    provided in section 921 of title 18.'.
    SEC. 7. EFFECTIVE DATE- Unless otherwise provided, this Act shall become
    effective thirty days after the date of enactment of this Act.
     

    benenglish

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    Text: S.386 — 101st Congress (1989-1990)All Information (Except Text)
    There is one version of the bill.
    I'm thinking there had to be an earlier version. That version uses a list of named firearms; my memory is that that tactic was only employed after the first versions were ridiculed as over-broad. The version I'm remembering actually tried to give a real, generalized definition.

    Maybe I'm just hallucinating it all. I will note, however, that even the text of this version is horrifically broad, given that "firearms which are substantially identical" can be interpreted pretty much any way a gun-banner wants to.
     
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    I'm thinking there had to be an earlier version. That version uses a list of named firearms; my memory is that that tactic was only employed after the first versions were ridiculed as over-broad. The version I'm remembering actually tried to give a real, generalized definition.

    Maybe I'm just hallucinating it all. I will note, however, that even the text of this version is horrifically broad, given that "firearms which are substantially identical" can be interpreted pretty much any way a gun-banner wants to.

    Could be. The bit that reads "there is one version of the bill" was part of the copy and paste.
     
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    TxStetson

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    `(10) is a rimfire weapon that employs a tubular magazine with a magazine
    capacity of six rounds or less;

    So my Marlin Bolt Action 22 that my father got as a teenager would have been an assault weapon because its magazine tube holds 20 rounds?
     

    ZX9RCAM

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    `(10) is a rimfire weapon that employs a tubular magazine with a magazine
    capacity of six rounds or less;

    So my Marlin Bolt Action 22 that my father got as a teenager would have been an assault weapon because its magazine tube holds 20 rounds?

    Wouldn't the wording of "6 rounds or less" mean anything over 6 rounds is legal?

    Or was it saying below 7 rounds is legal?
    I confess to not reading it.
     

    TxStetson

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    Wouldn't the wording of "6 rounds or less" mean anything over 6 rounds is legal?

    Or was it saying below 7 rounds is legal?
    I confess to not reading it.
    I guess I should have pasted the sub heading above which states:

    `(d) Notwithstanding any provision of this Act, no firearm shall be
    designated as an assault weapon which--
     
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    `(10) is a rimfire weapon that employs a tubular magazine with a magazine
    capacity of six rounds or less;

    So my Marlin Bolt Action 22 that my father got as a teenager would have been an assault weapon because its magazine tube holds 20 rounds?

    No. (3) says bolt actions don't count. Anyway this thing was written 30 years ago and never made it out of committee.
     

    kozmic

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    This won’t be too much concern if the dems get their way, because all legal AR’s would be reg’d under NFA if they do...
     
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