Quantcast
  1. Sign up now and join over 35,000 northwest gun owners. It's quick, easy, and 100% free!

Bill introduced - "To prohibit the sale & transfer of high capacity mags"

Discussion in 'Legal & Political Archive' started by daiello91, Jan 19, 2011.

  1. daiello91

    daiello91 NW Oregon Active Member

    Messages:
    341
    Likes Received:
    37
  2. Nimh

    Nimh Everett, WA Member

    Messages:
    59
    Likes Received:
    4
    Am I reading this correctly?

    "it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device."

    "Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both.’."

    So, jail time for how many law abiding US citizens?
     
  3. MBGraphix

    MBGraphix Salem, Oregon Member

    Messages:
    78
    Likes Received:
    3
    Main Site for text, sponsor, co-sponsors: Bill Summary & Status - 112th Congress (2011 - 2012) - H.R.308 - THOMAS (Library of Congress)

    If you want to contact your co-sponsor to voice your opinion, I highlighted the Oregon Rep below in bold.

    For those of you that prefer to read it here:

    H.R.308 -- Large Capacity Ammunition Feeding Device Act (Introduced in House - IH)
    112th CONGRESS
    1st Session

    H. R. 308 To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes.


    IN THE HOUSE OF REPRESENTATIVES

    January 18, 2011
    Mrs. MCCARTHY of New York (for herself, Mr. CLAY, Ms. NORTON, Mr. WEINER, Ms. ESHOO, Mr. ISRAEL, Mrs. MALONEY, Mr. ACKERMAN, Mr. MORAN, Ms. MCCOLLUM, Mr. BRADY of Pennsylvania, Mr. SERRANO, Ms. PINGREE of Maine, Mr. GEORGE MILLER of California, Mr. MCGOVERN, Ms. HARMAN, Mr. PASCRELL, Ms. HIRONO, Mr. VAN HOLLEN, Mrs. LOWEY, Mr. NADLER, Ms. EDWARDS, Mr. HASTINGS of Florida, Ms. MATSUI, Ms. WATERS, Mr. CICILLINE, Ms. CHU, Mr. SHERMAN, Mr. HOLT, Mr. CONNOLLY of Virginia, Ms. SLAUGHTER, Mr. ELLISON, Mr. QUIGLEY, Mr. MEEKS, Mr. HIMES, Mr. HONDA, Mr. LANGEVIN, Ms. SPEIER, Mr. COHEN, Mr. WAXMAN, Mr. CONYERS, Mr. FARR, Mr. YARMUTH, Ms. JACKSON LEE of Texas, Ms. WOOLSEY, Mr. EARL BLUMENAUER (OREGON), Mr. BISHOP of New York, and Ms. DEGETTE) introduced the following bill; which was referred to the Committee on the Judiciary


    --------------------------------------------------------------------------------


    A BILL
    To prohibit the transfer or possession of large capacity ammunition feeding devices, 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 `Large Capacity Ammunition Feeding Device Act'.

    SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) Definition- Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following:

    `(30) The term `large capacity ammunition feeding device'--

    `(A) means 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; but

    `(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'.

    (b) Prohibitions- Section 922 of such title is amended by inserting after subsection (u) the following:

    `(v)(1)(A)(i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

    `(ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of this subsection.

    `(B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.

    `(2) Paragraph (1) shall not apply to--

    `(A) a 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) a 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 a 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 that retirement; or

    `(D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.'.

    (c) Penalties- Section 924(a) of such title is amended by adding at the end the following:

    `(8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both.'.

    (d) Identification Markings- Section 923(i) of such title 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 after such date of enactment, and such other identification as the Attorney General may by regulation prescribe.'.



    --------------------------------------------------------------------------------
     
  4. daiello91

    daiello91 NW Oregon Active Member

    Messages:
    341
    Likes Received:
    37
    You are reading it correctly.
     
  5. atypicalparkie

    atypicalparkie sowfeast poetland, ohraygun Member

    Messages:
    371
    Likes Received:
    2
    I'll be writing to Earl Blumenauer, and of course we need to be grown-ups when we write our reps so they don't just dismiss us as cranks. I say this to remind myself as much as anyone else!

    This legislation is wrong headed and doesn't address the most fundamental issue-- the lack of available means of intervention for severely deranged people... I know I'm preaching to the choir here... we DO need to write and call our members of Congress; though I really don't think that this bill has a chance at this time. Still, I'm writing!
     
  6. Kennedy

    Kennedy Beaverton Member

    Messages:
    189
    Likes Received:
    1
    Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of this subsection.

    Granted how are they to know when you purchased said evil device...
     
  7. Will_Power

    Will_Power OR via OK Active Member

    Messages:
    599
    Likes Received:
    175
    I'm not educated enough on this issue and don't want to come off as ignorant in my email to Bluemenhauer. Can anyone give me a quick run down of the pro-gun position on all this that I can include?
     
  8. deadeye

    deadeye Albany,OR. Moderator Staff Member

    Messages:
    4,043
    Likes Received:
    2,188
    The new ones will be date stamped.

    (d) Identification Markings- Section 923(i) of such title 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 after such date of enactment, and such other identification as the Attorney General may by regulation prescribe.'.
     
  9. M-4Roller

    M-4Roller Portland New Member

    Messages:
    15
    Likes Received:
    0
    I WILL HAVE ALL MY GUNS UP FOR SALE OR TRADE FOR AIR SOFT GUNS WHEN THIS GAY BILL PASS
     
  10. atypicalparkie

    atypicalparkie sowfeast poetland, ohraygun Member

    Messages:
    371
    Likes Received:
    2
    Will that is a GREAT question. What would others here suggest? I'm with ya Will, I'd like to include facts as well as just my own feelings. I'm gonna go do some looking & collecting of stats, facts, etc and will post stuff back here. I bet others will beat me to it :thumbup:
     
  11. nubus

    nubus Guest

    So high capacity magazines kill people?
    If so limiting the number of rounds reduces total loss?
    Cars should only be able to go 5 miles an hour by this standard.
    Because obviously cars are killing far more people than hi-cap magazines.

    What a friggin' joke, I can't believe they got that many supporters.
     
  12. daiello91

    daiello91 NW Oregon Active Member

    Messages:
    341
    Likes Received:
    37
    I don't want to post what I said because it takes away from the message when letters are the same or similar. I will say this, just say what you feel about his support as a co-sponsor of this bill in a respectful manner. Tell him your stance on guns & gun control as a voting constituent of his. Then maybe throw in some facts...the best source is here;

    http://gunfacts.info/pdfs/gun-facts/5.1/gun-facts-5.1-screen.pdf
    It decent size pdf so it takes a second to load.
     
  13. armedredneck

    armedredneck Oregon Active Member

    Messages:
    273
    Likes Received:
    34
    I called congressman Kurt Schrader's office and voiced my concern on this issue. The individual that answered the phone told me that Congressman Schrader is proponent of the 2nd amendment and that he does not advocate taking guns (or accessories) away from us. I don't know how much of that I believe as he has a big "D" after his name. But there are pro-gun D's as well. The guy on the other end of the line told me that if I would visit the Congressman's website I would see his stance on 2nd amendment issues. I looked. I couldn't find it. I guess I'm missing something. I told him that I do not support this bill and that taking magazines away from law-abiding citizens is going to do nothing to curtail violence as criminals obviously do not care about the rules. Everyone please, contact your congressperson on this issue! And does anyone know anything about Congressman Schrader's stance on issues like this in the past?
     
  14. deadeye

    deadeye Albany,OR. Moderator Staff Member

    Messages:
    4,043
    Likes Received:
    2,188
  15. armedredneck

    armedredneck Oregon Active Member

    Messages:
    273
    Likes Received:
    34
  16. lesscubes

    lesscubes Burien Member

    Messages:
    44
    Likes Received:
    0
    It's a shame more Democrats aren't willing to drop the party line on the 2nd. Hard to vote when you cant agree with both parties.
     
  17. Martini_Up

    Martini_Up NW USA Well-Known Member

    Messages:
    1,633
    Likes Received:
    1,736
    Even more of a shame is that ALL of our representatives are sworn to defend the Constitution including the simple statement "...the right of the people to keep and bear arms shall not be infringed' and yet they continue to write legislation which infringes upon that right. Even worse, some have written and passed laws which take away this right. ANY and all LAWS which infringe upon the right to keep and bear arms is an infringement!!! What's so hard to understand and how have we got to this place??
     
  18. MBGraphix

    MBGraphix Salem, Oregon Member

    Messages:
    78
    Likes Received:
    3
    In case anyone needs Mr. Blumenauer's contact information:

    Website: The Online Office of Congressman Earl Blumenauer

    District Office: 729 N.E. Oregon Street, Suite 115 Portland, OR 97232

    District Phone: (503) 231-2300
    District Fax: (503) 230-5413

    Washington DC Phone: (202) 225-4811
    Washington DC Fax: (202) 225-8941



    -V-
     
  19. smurf hunter

    smurf hunter Auburn, WA Active Member

    Messages:
    294
    Likes Received:
    35
    JWR did a good write up on the bill:

    Rep. McCarthy's Magazine Ban--Worse Than First Imagined - SurvivalBlog.com

    The really broken part, that makes me suspicious of the motives (beyond the obvious) was this:

     
  20. beezer66

    beezer66 Salem, OR Active Member

    Messages:
    133
    Likes Received:
    50
    The part of Schrader's response that scares me most is this:
    "State and local governments are permitted to pass common sense laws to ensure public safety, but they cannot simply ban gun ownership all together."

    What does he believe to be common sense laws with regards to firearms? That could be anything; 10 round limits on mags, ban semi-autos, or something along the lines of the AWB being OK. His statement is very vague.