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.
