Friday, May 03, 2013

S.649 mow has 29 Amendment. S.Amd.711 is the first one by Senator Feinstein.

So, while we read this the Senators are writing more and more amendments. I don't believe this bill is defeated yet.

Amendments (click here)

The first six amendments were written by Democrats. The next seven are written by Republicans. Of the remaining 16 amendments nine are written by Democrats and seven by Republicans.

So, let me mark this. Currently there are 29 amendments of which 15 are written by Democrats and 14 are written by Republicans. This should be interesting.

S.Amd.711 now has 23 Co-sponsors, so there is at least 24 votes guaranteed for the Amendment.

SEC. 403. RESTRICTIONS ON ASSAULT WEAPONS AND LARGE CAPACITY AMMUNITION FEEDING DEVICES.

(a) In General.--Section 922 of title 18, (click here) United States Code, as amended by section 123(a) of this Act, is amended--

(1) by inserting after subsection (u) the following:

(u) is existing text that will stand as written.

(u) It shall be unlawful for a person to steal or unlawfully take or carry away from the person or the premises of a person who is licensed to engage in the business of importing, manufacturing, or dealing in firearms, any firearm in the licensee’s business inventory that has been shipped or transported in interstate or foreign commerce.

There is a new section (v). Section (w) is missing from the current law. So this new section is inserted where there is a void of text in the law.

``(v)

[(v) , (w) Repealed. Pub. L. 103–322, title XI, § 110105(2),Sept. 13, 1994, 108 Stat. 2000.]

(1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon.

``(2) is the Grandfather Clause

``(2) Paragraph (1) shall not apply to the possession, sale, or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of the Assault Weapons Ban of 2013

``(3) Paragraph (1) shall not apply to any firearm that--

``(A) is manually operated by bolt, pump, lever, or slide action;

``(B) has been rendered permanently inoperable; or

``(C) is an antique firearm, as defined in section 921 of this title.

This is an additional definition from section 921 (click here)

(16) The term “antique firearm” means—

(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or

(B) any replica of any firearm described in subparagraph (A) if such replica

(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or

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

Below is the part the extremists claim gives law enforcement a greater capacity over the public. This is the provision where 'THE STATE' is going to run your life and cast you into slavery. This is the section where THE STATE is supposed to be compromised in protecting the public by being less well armed than the average citizen. This is where the citizens of the USA lose their liberties. This is the section where President Obama becomes an Islamic radical seeking to disarm the country so he can take over in the spirit of Osama bin Laden and instill SHARIA LAW.

This is where the extremists ARE 'anti-government.' Now, are they correct because the way I read this section it is to arm a benevolent government with arms to protect law abiding citizens from harm or a group of self-righteous criminals that turn South Central LA into a No Go Zone.

``(A) the importation for, manufacture for, sale to, 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 sale or transfer to or possession by a qualified law enforcement officer employed 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, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty);

The Right Wing extremists believe the law enforcement officers are actually NOT law abiding citizens in order to carry out the assault against the citizens when President Obama realizes his FINAL FANTASY in creating Islamic Heaven. This of course will provide him with innumerable virgins before he gets to God's Holy Grace.

I'll tell you what, the extremists need to stop creating this dream scape and change it to reveal a secret Wall Street Dreamscape whereby law enforcement officers remove a generation of Americans from the streets when protesting a lack of jobs for them and their children. Now, I think that might be a better strategy for creating a weak law enforcement officer (s) or agencies.


Honestly, there is no strategy to create law enforcement to rule the lives of citizens. There is no secret society. There may be danger for protesters and that is why we remain vigilant, but this Right Wing Rhetoric about Islamic outcomes after 911 as if Nikta Khrushchev was having a melt down at the UN while holding his finger on the nuclear button is complete nonsense.

If the USA is going to have law enforcement, then it has to mean something. It has to provide ITS PURPOSE over and above the capacity of criminals, terrorists or any reasonable threat known to the sovereign nature of the USA. So, TO OBSTRUCT that directive within our country causes huge problems. It causes children to end up dead among other problems. The Right Wing extremists are not acting to strengthen the will of the people, they are weakening it.

``(B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954...

THE ATOMIC ENERGY ACT OF 1954 Public Law 83–703 68 Stat. 919 August 30, 1954 TITLE I– ATOMIC ENERGY (click here) CHAPTER 1– DECLARATION, FINDINGS, AND PURPOSE

...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 licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

Did she leave any stone unturned. That is an amazing provision in this law.

``(C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise

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prohibited from receiving a firearm, of a semiautomatic assault weapon--

``(i) sold or transferred to the individual by the agency upon such retirement; or

``(ii) that the individual purchased, or otherwise obtained, for official use before such retirement;

There must be a cultural understanding about danger when individuals of an agency retires. They could be targets even after retirement. That's my take.

``(D) the importation, sale, manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General; or

``(E) the importation, sale, manufacture, transfer, or possession of a firearm specified in Appendix A (section follows this section and will be reviewed here later) to this section, as such firearm was manufactured on the date of introduction of the Assault Weapons Ban of 2013.

``(5) For purposes of paragraph (4)(A), the term `campus law enforcement officer' means an individual who is--

``(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); (click here)

``(B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;

``(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and

``(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.

``(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and, if available, date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit a copy of the record established under this paragraph to the Congress and make the record available to the general public.

``(6) is a recording keeping permission by the US Attorney General should NEW dangers face the American people. It is correct and appropriate and is not a registry. This is record keeping. That is all it is.

Remember I noted above there was a void of (w) in this existing law. Below is the proposal to fill in that void.

``(w)(1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device.

``(2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Assault Weapons Ban of 2013.

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

``(A) the importation for, manufacture for, sale to, 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 sale or transfer to or possession by a qualified law enforcement officer employed 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 for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty);

``(A) is repeated from above.

``(B) the importation for, or sale or 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 licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;

``(B) is repeated from above. There is redundancy in the law that is both obvious and implied. Senator Feinstein didn't have to do that, but, it MAKES PLAIN the application in every section to ERASE DOUBT.

``(C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device--

``(i) sold or transferred to the individual by the agency upon such retirement; or

``(ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or

``(C) is repeated above. Maybe she did have to do it. I really should not say it is capricious. Repetition in law is common to make it clear to those carrying out the implications of the law to understand clearly what was intended. When the regulations are written, in this case by The Attorney General, there will be a clear understanding of what is meant.

Repetition takes away wiggle room.

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

``(4) For purposes of paragraph (3)(A), the term `campus law enforcement officer' means an individual who is--

``(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);

``(B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;

``(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and

``(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.''; and

(2) by adding at the end the following:

``(bb) 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 prohibited from receiving or possessing a firearm under subsection (g), (n), or (x), or any provision of State law, unless the grandfathered semiautomatic assault weapon is--

``(bb) is interesting. What this paragraph provides is a reality check. It states grandfathering exists HOWEVER not when prohibited by other aspects of the law to people that should not have them in the first place. This paragraph takes the law back to the background check of the original legislation. This amendment is sincerely an amendment and not simply a tacked on issue for the convenience of tacking it on.

``(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 weapon 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.''.

(b) Identification Markings for Semiautomatic Assault Weapons.--Section 923(i) of title 18, United States Code, (click here) 


(i) Licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the receiver or frame of the weapon, in such manner as the Attorney General shall by regulations prescribe, each firearm imported or manufactured by such importer or manufacturer.

is amended by adding at the end the following: 

``The serial number of any semiautomatic assault weapon manufactured after the date of enactment of the Assault Weapons Ban of 2013 shall clearly show the date on which the weapon was manufactured or made, legibly and conspicuously engraved or cast on the weapon, and such other identification as the Attorney General shall by regulations prescribe.''.

(c) Identification Markings for Large Capacity Ammunition Feeding Devices.--Section 923(i) of title 18, United States Code, as amended by subsection (b) of this section, is amended by adding at the end the following: 

``A large capacity ammunition feeding device manufactured after the date of enactment of the Assault Weapons Ban of 2013 shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe.''.

(d) Seizure and Forfeiture of Large Capacity Ammunition Feeding Devices.-- 

Section 924 (click here)

Section 924(d) of title 18, United States Code, is amended--

(1) in paragraph (1)--


(d)(1) Any firearm or ammunition involved in or used in any knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i),

(A) by inserting 

``or large capacity ammunition feeding device'' after ``firearm or ammunition'' each time it appears;

each time it appears means for each subsection (a)(4), (a)(6), (f), (g), (h), (i)

(B) by inserting 

``or large capacity ammunition feeding device'' after ``firearms or ammunition'' each time it appears; and 

(C) by striking ``or (k)'' 


 (k) of section 922, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 922


and inserting ``(k), (r), (v), or (w)'';

(2) in paragraph (2)(C), by inserting ``or large capacity ammunition feeding devices'' after ``firearms or quantities of ammunition''; and

(3) in paragraph (3)(E), by inserting...

922 (click here)


...``922(r), 922(v), 922(w),'' after ``922(n),''.

(e) Appendix A.--Section 922 of title 18, United States Code, as amended by subsection (a) of this section, is amended by adding at the end the following:

Thank you for your interest. This is a beginning for tomorrow.