California Representative Henry Waxman Introduces Bill to Ban "Assault Weapons" Parts Kits

As California Congressman Henry Waxman promised, he has introduced a Bill to ban the sale of “Parts kits” for “Assault Rifles, Assault Shotguns, and Assault Pistols. This also includes a ban on Receiver blanks. The definition of each is in the Bill.

The Bill defines an “assault weapons parts kit as:

“ any part or combination of parts not designed and

 intended for repair or replacement but designed and

 intended to enable a consumer who possesses all

 such necessary parts to assemble a semiautomatic

 assault weapon…”

Which raised the question of vagueness in the law as to which components of an “Assault Weapons Parts Kits” could be sold legally to repair an existing gun. Would it be a replacement bolt assembly consisting of a number of parts? Or, a stripped bolt?

Or, replacement front and rear sights? Or, a grip assembly for say, an HK 91? Or, an upper for an AR15? How about an AR15 lower?Or, you fill in the blank? 

This new ban would be enforced by the Consumer Product Safety Commission.

The Bill also contains new mental health Provisions and does not prohibit a physician or

from asking a patient about the ownership, possession, use, or storage of a firearm or ammunition in the home of a patient, speaking to a patient about gun safety, or

reporting to the authorities a patient’s threat of violence.’

Health care providers already have an obligation to report threats of violence by a patient to authorities.

Here’s the relevant provisions banning parts kits.

113TH CONGRESS

1ST SESSION H. R. ll

To protect American children and their families from the epidemic of gun

violence by banning access to certain weapons, strengthening the Nation’s

mental health infrastructure, and improving the understanding of gun

violence.

IN THE HOUSE OF REPRESENTATIVES

Mr. WAXMAN (for himself, Mr. PALLONE, Mrs. CAPPS, Ms. SCHAKOWSKY, Ms.

MATSUI, Mrs. NAPOLITANO, and Mr. DANNY K. DAVIS of Illinois) introduced the following bill; which was referred to the Committee on ___________________.

A BILL

To protect American children and their families from the

epidemic of gun violence by banning access to certain

weapons, strengthening the Nation’s mental health infrastructure, and improving the understanding of gun violence.

1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Gun Violence Prevention and Reduction Act of 2013’’.

1 TITLE I—BANNING ACCESS TO

2 DO-IT-YOURSELF ASSAULT

3 WEAPONS

4 SEC. 101. DO-IT-YOURSELF ASSAULT WEAPON BAN.

5 (a) BANNED HAZARDOUS PRODUCTS.—Notwith-

6 standing section 3(a)(5)(E) of the Consumer Product

7 Safety Act (15 U.S.C. 2052(A)(5)(E)), a firearm receiver

8 casting or firearm receiver blank that—

9 (1) at the point of sale does not meet the defi-

10 nition of a firearm in section 921(a) of title 18,

11 United States Code, and

12 (2) after purchase by a consumer, can be com-

13 pleted by the consumer to the point at which such

14 casting or blank functions as a firearm frame or re-

15 ceiver for a semiautomatic assault weapon or ma-

16 chine gun,

17 shall be considered a banned hazardous product under sec-

18 tion 8 of such Act (15 U.S.C. 2057).

(b) PROHIBITED ACTS.—It shall be unlawful for any

20 person to sell, offer for sale, manufacture for sale, or im-

21 port into the United States for sale, to a consumer—

22 (1) an assault weapon parts kit; or

23 (2) a machinegun parts kit.

24 (c) ENFORCEMENT.—

1 (1) Subsection (a) shall be treated as a ban

2 under section 19 of the Consumer Product Safety

3 Act (15 U.S.C. 2068).

4 (2) Notwithstanding section 3(a)(5)(E) of the

5 Consumer Product Safety Act (15 U.S.C.

6 2052(A)(5)(E)), a violation of subsection (b) shall be

7 treated as a violation of section 19 of such Act and

8 any person who violates such subsection shall be

9 subject to the penalties set forth in section 20 of

10 such Act.

11 (d) CONSULTATION.—In enforcing this section, the

12 Consumer Product Safety Commission shall periodically

13 consult with the Bureau of Alcohol, Tobacco, Firearms

14 and Explosives regarding effective strategies for and

15 methods of enforcement.

16 SEC. 102. PROHIBITION OF ADVERTISING DO-IT-YOURSELF

17 ASSAULT WEAPONS.

18 (a) IN GENERAL.—It shall be unlawful to market or

19 advertise, on any medium of electronic communications,

20 including over the Internet, for the sale of any of the fol-

21 lowing:

22 (1) A firearm receiver casting or firearm re-

23 ceiver blank that—

1 (A) at the point of sale does not meet the

2 definition of a firearm in section 921(a) of title

3 18, United States Code; and

4 (B) after purchase by a consumer, can be

5 completed by the consumer to the point at

6 which it functions as a firearm frame or re-

7 ceiver for a semiautomatic assault weapon or

8 machinegun.

9 (2) An assault weapon parts kit.

10 (3) A machinegun parts kit.

11 (b) ENFORCEMENT BY THE FEDERAL TRADE COM-

12 MISSION.—A violation of subsection (a) shall be treated

13 as a violation of a rule defining an unfair or deceptive

14 act or practice described under section 18(a)(1)(B) of the

15 Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

16 The Federal Trade Commission shall enforce this section

17 in the same manner, by the same means, and with the

18 same jurisdiction, powers, and duties as though all appli-

19 cable terms and provisions of the Federal Trade Commis-

20 sion Act were incorporated into and made a part of this

21 Act.

22 (c) RULE OF CONSTRUCTION.—Nothing contained in

23 this title shall be construed to limit the authority of the

24 Federal Trade Commission under any other provision of

25 law.

 SEC. 103. DEFINITIONS.

2 (a) TERMS.—For purposes of this title—

3 (1) the term ‘‘assault weapon parts kit’’ means

4 any part or combination of parts not designed and

5 intended for repair or replacement but designed and

6 intended to enable a consumer who possesses all

7 such necessary parts to assemble a semiautomatic

8 assault weapon;

9 (2) the term ‘‘machinegun parts kit’’ means any

10 part or combination of parts designed and intended

11 to enable a consumer who possesses all such nec-

12 essary parts to assemble a machinegun or convert a

13 firearm into a machinegun;

14 (3) the term ‘‘semiautomatic assault weapon’’

15 means—

16 (A) a semiautomatic rifle or semiautomatic

17 shotgun that has the capacity to accept a de-

18 tachable ammunition magazine; or

19 (B) a semiautomatic pistol that has—

20 (i) the capacity to accept a detachable

21 ammunition magazine; and

22 (ii) any one of the features described

23 in subsection (b);

24 (4) the term ‘‘machinegun’’ has the meaning

25 given such term in section 5845(b) of title 26,

26 United States Code.

1 (5) the term ‘‘semiautomatic pistol’’ means any

2 repeating pistol that utilizes a portion of the energy

3 of a firing cartridge to extract the fixed cartridge

4 case and chamber the next round and requires a

5 separate pull of the trigger to fire each cartridge;

6 (6) the term ‘‘semiautomatic rifle’’ has the

7 meaning given such term in section 921(a)(28) of

8 title 18, United States Code; and

9 (7) the term ‘‘semiautomatic shotgun’’ means

10 any repeating shotgun that utilizes a portion of the

11 energy of a firing cartridge to extract the fixed car-

12 tridge case and chamber the next round and requires

13 a separate pull of a trigger to fire each cartridge.

14 (b) SPECIAL FEATURES OF A SEMIAUTOMATIC PIS-

15 TOL.—The special features described in paragraph

16 (3)(B)(ii) are—

17 (1) an ammunition magazine that attaches to

18 the pistol outside of the pistol grip;

19 (2) a threaded barrel capable of accepting a

20 barrel extender, flash suppressor, forward handgrip,

21 or silencer;

22 (3) a shroud that is attached to, or partially or

23 completely encircles, the barrel and that permits the

24 shooter to hold the firearm with the nontrigger hand

25 without being burned;

1 (4) a manufactured weight of 50 ounces or

2 more when the pistol is unloaded; and

3 (5) a semiautomatic version of an automatic

4 firearm.

5 SEC. 104. CONSTRUCTION.

6 Nothing in this title shall be construed as limiting

7 the ability of a State to enact more restrictive gun-related

8 laws, or bans on firearm receiver casts, firearm receiver

9 blanks, assault weapon parts kits, or machinegun parts

10 kits.

11 TITL

You will find the entire bill here

http://democrats.energycommerce.house.gov/sites/default/files/documents/Bill-Text-HR-2910-Gun-Violence-Prevention-and-Reduction-Act-2013-8-1.pdf