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

[daiello91]

H.R. 308: To prohibit the transfer or possession of large capacity ammunition feeding devices, and for... (GovTrack.us)

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[Nimh]

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?

 

[MBGraphix]

Main Site for text, sponsor, co-sponsors: <broken link removed>

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


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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.'.



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[daiello91]

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?

You are reading it correctly.

 

[atypicalparkie]

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!

 

[Kennedy]

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...

 

[Will_Power]

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?

 

[deadeye]

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...

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.'.

 

[M-4Roller]

I WILL HAVE ALL MY GUNS UP FOR SALE OR TRADE FOR AIR SOFT GUNS WHEN THIS GAY BILL PASS

 

[atypicalparkie]

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?

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

 

[nubus]

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.

 

[daiello91]

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?

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.

 

[armedredneck]

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?

 

[deadeye]

<broken link removed>

 

[armedredneck]

<broken link removed>

Thankyou for that! That makes me feel a little better. I guess he is a pro-gun D. I don't know why I couldn't find that on his page. I'm glad I gave him the benefit of the doubt.

 

[lesscubes]

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.

 

[Martini_Up]

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.

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??

 

[MBGraphix]

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!

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-

 

[smurf hunter]

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:

As Sebastian at the Snowflakes in H*ll blog pointed out, the ban includes any magazine that holds more than 10 cartridges, even if it is a fixed tubular magazine. (The only exception is for .22 rimfire.) So this effectively bans transfers of even pre-1898 antique Henry, Model 1866, Model 1873, and Model 1892 Winchester rifles (and replicas) with long magazines! Ditto for Colt Lightning rifles and many other pump and lever-action guns. And ditto for Astra Broomhandle Mauser pistols with integral 12 or 20 round magazines. All these guns would be "frozen" from any transfer until the death of their owner, whereupon the guns would become contraband.

 

[beezer66]

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.