TriggerFinger


Democrats introduce ban on semi-automatic firearms


Washington ExaminerHouse Democrats have introduced a bill banning semi-automatic firearms in the wake of the Feb. 14 shooting at a high school in Parkland, Fla.

Rep. David Cicilline, D-R.I., announced Monday he is introducing the Assault Weapons Ban of 2018. More than 150 Democrats have signed on in support of the legislation, Rep. Ted Deutch, D-Fla., said.

150 Democrats on the day he introduces the thing? In an election year? Ok, this is serious.

And the legislation is not as bad as the first Assault Weapons Ban... it's worse. More below the fold, including links to the full legislation, the author's press release, and my hot-take analysis of what's banned. Short version? Ban all the things.

Washington ExaminerThe bill prohibits the “sale, transfer, production, and importation” of semi-automatic rifles and pistols that can hold a detachable magazine, as well as semi-automatic rifles with a magazine that can hold more than 10 rounds. Additionally, the legislation bans the sale, transfer, production, and importation of semi-automatic shotguns with features such as a pistol grip or detachable stock, and ammunition feeding devices that can hold more than 10 rounds.

Press release here. Full legislation here. The previous "ban" prohibited only the manufacture, not the transfer, meaning pre-ban weapons and magazines could be (and were) frequently sold, often for inflated prices. The previous version required 3 "military features" (never mind that they were silly features); this requires only one.

Worst of all, the previous version had an expiration date. That's how we got rid of it. Congress was never able to muster the votes to repeal it; instead it expired in 2004 after studies demonstrated it was completely ineffective. This one does not expire.

The legislation has nothing to do with military (fully-automatic) firearms, only with semi-automatic rifles, handguns, and shotguns like the ones in your closet.
Assault Weapons Ban of 2018(B) requires a separate pull of the trigger to fire each cartridge.’’

The list of "evil rifle features", of which any single feature is enough to ban:
Assault Weapons Ban of 2018(B) requires a separate pull of the trigger to fire each cartridge.’’

‘(36) The term ‘semiautomatic assault weapon’
means any of the following, regardless of country of manufacture or caliber of ammunition accepted:
‘‘(A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any 1 of the following:
‘‘(i) A pistol grip.
‘‘(ii) A forward grip.
‘‘(iii) A folding, telescoping, or detachable stock.
‘‘(iv) A grenade launcher or rocket launcher.
‘‘(v) A barrel shroud.
‘‘(vi) A threaded barrel.
‘‘(B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.

There are a lot of firearms covered by that ban. The "pistol grip" and "forward grip" alone will cover a lot of sporting and hunting firearms. Those terms are defined later; "forward grip" is a pistol grip forward of the trigger, and a "pistol grip" is "a grip, thumbhole stock, or any other characteristic that can function as a grip". That definition is useless because you can hold a firearm by just about any "characteristic" except, possibly, the hot barrel which would burn your hand because the barrel shroud designed to keep you from burning yourself accidentally is also banned.

If your AR wasn't already banned by the pistol grip, your adjustable stock would do it, and the barrel shroud would do it again, even though the left famously thinks the barrel shroud is "the shoulder thing that goes up".

At least they removed they bayonet lug. I guess they noticed the lack of drive-by bayonetings. Of course, I can't remember the last drive-by grenade launching either. And the amusing part is, their definition of rocket launcher sets a minimum allowed amount of propellant rather than a maximum allowed amount. Oops.

Assault Weapons Ban of 2018(C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun.

It bans bump stocks. It also bans anything that alters the rate of fire of your firearm, including using a different spring or recoil system. Even if you just had a different spring lying around your house.

Assault Weapons Ban of 2018
(D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any the following:
‘‘(i) A threaded barrel.
‘‘(ii) A second pistol grip.
‘‘(iii) A barrel shroud.
‘‘(iv) The capacity to accept a detachable magazine at some location outside of the pistol grip.
‘‘(v) A semiautomatic version of an automatic firearm.
‘‘(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.

Provision v will ban most glocks, as there are full-auto versions available to police, I think.

Assault Weapons Ban of 2018
(F) A semiautomatic shotgun that has any 1 of the following:
‘‘(i) A folding, telescoping, or detachable stock.
‘‘(ii) A pistol grip.
‘‘(iii) A fixed magazine with the capacity to accept more than 5 rounds.
‘‘(iv) The ability to accept a detachable magazine.
‘‘(v) A forward grip.
‘‘(vi) A grenade launcher or rocket launcher.
‘‘(G) Any shotgun with a revolving cylinder.

I think that covers all semiauto shotguns, since 6 rounds and up is pretty common even in fixed magazine shotguns. And then they name a bunch of evil weapons.

Assault Weapons Ban of 2018
(K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495.
‘‘(L) Any combination of parts from which a
firearm described in subparagraphs (A) through (K)
can be assembled.
‘‘(M) The frame or receiver of a rifle or shot-
gun described in subparagraph (A), (B), (C), (F),
(G), (H), (J), or (K).

Better check the parts you have in inventory just lying around. Buy an adjustable stock and never got around to adding it? Better get rid of it -- and document that you did.

Assault Weapons Ban of 2018
‘‘(37) The term ‘large capacity ammunition feeding
device’—
‘‘(A) means a magazine, belt, drum, feed strip,
or similar device, including any such device joined or
coupled with another in any manner, that has an
overall capacity of, or that can be readily restored,
changed, or converted to accept, more than 10
rounds of ammunition; and
‘‘(B) does not include an attached tubular de-
vice designed to accept, and capable of operating
only with, .22 caliber rimfire ammunition.’’.

A magazine is a box with a spring in it. Better clean house; no loose springs.

There is some provision for grandfathering, but I haven't found out for sure what is grandfathered. Remember that the legislation prohibits both manufacture and transfer, so you might be able to keep your existing "assault weapon", but not transfer it to anyone. That would make for a slow-motion ban as gun owners die.

There's a safe storage requirement for your grandfathered assault weapons if you live with a prohibited person ... which may well include your kids while they are minors.

Assault Weapons Ban of 2018
(aa) SECURE STORAGE OR SAFETY DEVICE REQUIREMENT FOR GRANDFATHERED SEMIAUTOMATIC ASSAULT WEAPONS
.—It shall be unlawful for any person,
other than a licensed importer, licensed manufacturer, or
licensed dealer, to store or keep under the dominion or
control of that person any grandfathered semiautomatic
assault weapon that the person knows, or has reasonable
cause to believe, will be accessible to an individual prohib-
ited from receiving or possessing a firearm under sub-
section (g), (n), or (x), or any provision of State law, un-
less the grandfathered semiautomatic assault weapon is—
‘‘(1) carried on the person, or within such close
proximity that the person can readily retrieve and
use the grandfathered semiautomatic assault weapon
as if the grandfathered semiautomatic assault weap-
on were carried on the person; or
‘‘(2) locked by a secure gun storage or safety
device that the prohibited individual has no ability to
access

They want markings on magazines and new firearms with the date of manufacture, presumably to make enforcement easier. They want to be able to seize magazines in the same way they can seize firearms. (When they can do this references other legislation, so it's not immediately clear what effect that has). They require background checks for transfers of grandfathered guns.

Assault Weapons Ban of 2018
(t)(1) Beginning on the date that is 90 days after the date of enactment of the Assault Weapons Ban of 2018, it shall be unlawful for any person who is not licensed under this chapter to transfer a grandfathered semiautomatic assault weapon to any other person who is
not licensed under this chapter, unless a licensed importer,
licensed manufacturer, or licensed dealer has first taken
custody of the grandfathered semiautomatic assault weapon for the purpose of complying with subsection (s). Upon taking custody of the grandfathered semiautomatic assault weapon, the licensee shall comply with all requirements of
this chapter as if the licensee were transferring the grandfathered semiautomatic assault weapon from the licensee’s inventory to the unlicensed transferee.
‘‘(2) Paragraph (1) shall not apply to a temporary
transfer of possession for the purpose of participating in
target shooting in a licensed target facility or established
range if—
‘‘(A) the grandfathered semiautomatic assault
weapon is, at all times, kept within the premises of
the target facility or range; and
‘‘(B) the transferee is not known to be prohibiited from possessing or receiving a grandfathered semiautomatic assault weapon.
‘‘(3) For purposes of this subsection, the term ‘transfer’—
‘‘(A) shall include a sale, gift, or loan; and
‘‘(B) does not include temporary custody of the grandfathered semiautomatic assault weapon for purposes of examination or evaluation by a prospective transferee.

They've fixed some of the obvious flaws with previous attempts at background check legislation.

Assault Weapons Ban of 2018
SEC. 7. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR SEMIAUTOMATIC ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.
Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is amended by adding at the end the following:
‘‘(H) Compensation for surrendered semiautomatic assault weapons and large capacity ammunition feeding devices, as those terms are defined in section 921 of title 18, United States Code, under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices.’’.

And they fund "buybacks".

This entry was published Tue Feb 27 01:38:23 CST 2018 by TriggerFinger and last updated 2018-02-27 01:33:13.0. [Tweet]

comments powered by Disqus

Subscribe to Atom Feed

I am not a lawyer, and nothing on this site should be taken as legal advice.

This site is run on custom blog software and is being actively developed. Please be forgiving of errors.


This website is an Amazon affiliate and will receive financial compensation for products purchased from Amazon through links on this site.