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[DOCID: f:h3182ih.txt]
107th CONGRESS
1st Session
H. R. 3182
To regulate certain 50 caliber sniper weapons in the same manner as
machine guns and other firearms.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2001
Mr. Blagojevich (for himself and Mr. Waxman) introduced the following
bill; which was referred to the Committee on Ways and Means, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To regulate certain 50 caliber sniper weapons in the same manner as
machine guns and other firearms.
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 ``Trooper Timothy Mossbruker Memorial
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) certain firearms originally designed and built for use
as long-range 50 caliber military sniper weapons are
increasingly sold in the domestic civilian market, and there
are fewer legal restrictions on their possession or transfer
than there are on handguns;
(2) the intended use of these long-range firearms, and an
increasing number of models derived directly from them, is the
taking of human life and the destruction of materiel, including
armored vehicles and such components of the national critical
infrastructure as radars and microwave transmission devices;
(3) these firearms are neither designed nor used in any
significant number for legitimate sporting or hunting purposes
and are clearly distinguishable from rifles intended for
sporting and hunting use;
(4) extraordinarily destructive ammunition for these
weapons, including armor-piercing and armor-piercing incendiary
ammunition, is freely sold in interstate commerce; and
(5) the virtually unrestricted availability of these
firearms and ammunition, given the uses intended in their
design and manufacture, present a serious and substantial
threat to the national security.
SEC. 3. COVERAGE OF 50 CALIBER SNIPER WEAPONS UNDER NATIONAL FIREARMS
ACT.
(a) In General.--Subsection (a) of section 5845 of the Internal
Revenue Code of 1986 (defining firearm) is amended by striking ``(6) a
machine gun; (7) any silencer (as defined in section 921 of title 18,
United States Code); and (8) a destructive device.'' and inserting
``(6) a 50 caliber sniper weapon; (7) a machine gun; (8) any silencer
(as defined in section 921 of title 18, United States Code); and (9) a
destructive device.''
(b) 50 Caliber Sniper Weapon.--
(1) In general.--Section 5845 of such Code is amended by
redesignating subsections (d) through (m) as subsections (e)
through (n), respectively, and by inserting after subsection
(c) the following new subsection:
``(d) 50 Caliber Sniper Weapon.--The term `50 caliber sniper
weapon' means a rifle capable of firing a center-fire cartridge in 50
caliber, .50 BMG caliber, any other variant of 50 caliber, or any
metric equivalent of such calibers.''
(2) Modification to definition of rifle.--Subsection (c) of
section 5845 of such Code is amended by inserting ``or from a
bipod or other support'' after ``shoulder''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 4. COVERAGE OF 50 CALIBER SNIPER WEAPONS UNDER THE GUN CONTROL ACT
OF 1968.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(z)(1) It shall be unlawful for any person to transfer or possess
a 50 caliber sniper weapon.
``(2) Paragraph (1) shall not apply with respect to--
``(A) a transfer to or by, or possession by or under the
authority of, the United States or any department or agency
thereof or a State, or a department, agency, or political
subdivision thereof; or
``(B) any otherwise lawful transfer or otherwise lawful
possession of a 50 caliber sniper weapon that was lawfully
possessed before the date this subsection takes effect.''.
(b) 50 Caliber Sniper Weapon Defined.--Section 921(a) of such title
is amended by adding at the end the following:
``(35) The term `50 caliber sniper weapon' has the meaning given
such term in section 5845(d) of the National Firearms Act (26 U.S.C.
5845(d)).''.
(c) Penalties.--Section 924(a)(2) of such title is amended by
striking ``or (o)'' and inserting ``(o), or (z)''.
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