Analysis of the Bill


By —— Bio and Archives January 26, 2013

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Well, as of Friday, January 25th, 2013, Diane Feinstein has released her unconstitutional, freedom-suppressing, firearms restricting bill, officially known as S.150. There is a lot to discuss with this bill, so I’m going to break this up into, for now, a two part series. I say for now to give me the option of expanding this series in the future.

Part 1, which is this article, shall be a straightforward analysis. No commentary, just the straightforward presentation of the facts of the bill. Part 2 shall contain my comments on this bill. There is a lot to discuss here, so let’s jump in.

Section 1: The gun ban list.

This has been known before the bill has been officially released, but for the sake of presenting the facts, the full list will be presented here. I will divide the list into several sections: the AK class, the AR-15 class, the Thompson class, the Uzi class, the Shotgun class and the Assorted class, which is everything else in the list. This isn’t how it is presented in the bill, but I’m doing this in the attempt to make the gun ban list clearer and easy to read.

AK class: Rifles and Pistols

Rifles: All AK types, including the following: AK, AK47, AK47S, AK-74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR-47, SA85, SA93, Vector Arms AK-47, VEPR, WASR-10, and WUM, IZHMASH Saiga AK, MAADI AK47 and ARM, Norinco 56S, 56S2, 84S, and 86S, Poly Technologies AK47 and AKS

Pistols: All AK-47 types, including the following: Centurion 39 AK pistol, Draco AK-47 pistol, HCR AK-47 pistol, IO Inc. Hellpup AK-47 pistol, Krinkov pistol, Mini Draco AK-47 pistol, Yugo Krebs Krink pistol.

AR-15 class: Rifles and Pistols

Rifles: All AR types, including the following: AR-10, AR-15, Armalite M15 22LR Carbine, Armalite M15-T, Barrett REC7, Beretta AR-70, Bushmaster ACR, Bushmaster Carbon 15, Bushmaster MOE series, Bushmaster XM15, Colt Match Target Rifles, DoubleStar AR rifles, DPMS Tactical Rifles, Heckler & Koch MR556, Olympic Arms, Remington R-15 rifles, Rock River Arms LAR-15, Sig Sauer SIG516 rifles, Smith & Wesson M&P15 Rifles, Stag Arms AR rifles, Sturm, Ruger & Co. SR556 rifles

Pistols: All AR-15 types, including the following: American Spirit AR-15 pistol, Bushmaster Carbon 15 pistol, DoubleStar Corporation AR pistol, DPMS AR-15 pistol, Olympic Arms AR-15 pistol, Rock River Arms LAR 15 pistol; Calico Liberty pistols.

Thompson class: Rifles and Pistols

Rifles: All Thompson rifles, including the following: Thompson M1SB, Thompson T1100D, Thompson T150D, Thompson T1B, Thompson T1B100D, Thompson T1B50D, Thompson T1BSB, Thompson T1-C, Thompson T1D, Thompson T1SB, Thompson T5, Thompson T5100D, Thompson TM1, Thompson TM1C

Pistols: All Thompson types, including the following: Thompson TA510D, Thompson TA5.

Uzi class: Rifles and Pistols

Rifles: UMAREX UZI Rifle; UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine; Valmet M62S, M71S, and M78; Vector Arms UZI Type

Pistols: All UZI types, including: Micro-UZI.

Assorted class: Rifles and Pistols

Rifles: Barrett M107A1; Barrett M82A1; Beretta CX4 Storm; Calico Liberty Series; CETME Sporter; Daewoo K-1, K-2, Max 1, Max 2, AR 100, and AR 110C; Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000; Feather Industries AT-9; Galil Model AR and Model ARM; Hi-Point Carbine; HK-91, HK-93, HK-94, HK-PSG-1 and HK USC; Kel-Tec Sub-2000, SU-16, and RFB; SIG AMT, SIG PE-57, Sig Sauer SG 550, and Sig Sauer SG 551; Springfield Armory SAR-48; Steyr AUG; Sturm, Ruger Mini-14 Tactical Rife M-14/20CF

Pistols: The following MAC types: MAC-10, MAC-11; Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol; Military Armament Corp. Ingram M-11, Velocity Arms VMAC; Sig Sauer P556 pistol; Sites Spectre. DSA SA58 PKP FAL pistol; Encom MP-9 and MP-45; Heckler & Koch model SP-89 pistol; Intratec AB-10, TEC-22 Scorpion, TEC-9, and TEC-DC9; Kel-Tec PLR 16 pistol.

Shotgun class:

Franchi LAW-12 and SPAS 12

All IZHMASH Saiga 12 types, including the following: IZHMASH Saiga 12, IZHMASH Saiga 12S, IZHMASH Saiga 12S EXP-01, IZHMASH Saiga 12K, IZHMASH Saiga 12K-030, IZHMASH Saiga 12K-040 Taktika; Streetsweeper; Striker 12.

The number of firearms outright banned totals 157, according to Feinstein’s website.

Section 2: Banned Features

The AWB redefines the definition of various firearms.

A semi-automatic rifle is any “rifle 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.”

The bill also bans rifles that have “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.”

It also bans the bump-fire stocks, such as the Slide Fire Stock. For those of you who don’t know what that is, the Slide Fire Stock replaces a rifle’s pistol grip and stock and “slides” around. You push the rifle forward while your finger is resting on a certain part of the grip of the stock. Your finger hits the trigger and pushes it back, firing the gun. The recoil then pushes the gun back, but as you’re pushing the gun forward, your finger hits the trigger again and again.

The stock facilitates a technique called bump-firing, which simulates automatic fire, but technically it is semi-auto fire; the trigger is just being pulled very rapidly. The ATF has approved this for sale, as it does not have any springs in it (and therefore would not make it a “machine gun.”) Feinstein’s bill would ban this.

A semi-automatic pistol is a pistol “that has the capacity to accept a detachable magazine and any 1 of 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.”

The bill would also ban “a semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.”

A semiautomatic shotgun is a 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.”

The bill also bans “any shotgun with a revolving cylinder.”

The bill also bans belt-fed semiautomatic weapons. Apparently, some of those exists.

All guns with these features would be banned under Feinstein’s bill.

Section 3(v)(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.”

The bill also bans:

“(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 shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K).”

So basically, no more AK parts kits, no more AR-15 uppers, lowers, or receivers.

Also, according to Feinstein’s summary, firearms with bullet buttons and/or thumbhole stocks will also count under the definition of a semi-automatic weapon, and also be banned. I have not noticed this in the legislation, but considering she wrote the bill I’ll give her the benefit of the doubt, until it can be otherwise proven that the bill does not ban those features.

As a final note, the barrel shroud does not mean “(i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel.” It also presumably does not mean “the shoulder thing that goes up.” All kidding aside, this bill does not, to my knowledge, make a sneak attempt to ban all semi-auto pistols.

Section 3: Magazines

The bill bans magazines or other ammunition feeding devices that hold more than ten rounds.

Section 4: Protected Firearms

The AWB includes a list of over 2000 firearms that are specifically stated to not be banned. I will not list all of them here, as this article is long enough already. But suffice it to say that the bill protects hunting rifles, some semi-auto’s that don’t fall under the banned list or banned features list (such as the M1 Garand rifle and the M1 Carbine) and various shotguns. I will comment on this section in Part 2.

Section 5: Grandfathering and I.D. Markings

The Feinstein bill does account for grandfathering. The bill 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.” Nor does it apply to governments, government officials, departments, police forces, or nuclear power plant guards. It also does not ban 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.”

“Large-capacity” magazines or “ammunition feeding devices” are also grandfathered in. Of course, the ban does not apply to governments, government officials, departments, police forces, or nuclear power plant guards.

Also, all semiautomatic weapons and magazines affected by this law will be marked by the date they’re made on, and probably will have “For Law-Enforcement and Military Use Only” marked on it. So if you get caught with one of those, you’re going to have a bad time.

Also, there have been rumors swarming around that you could keep your grandfathered weapons and magazines, but you would have to register them under the 1934 NFA and pay the $200 tax stamp for each one.

It does not explicitly say such a thing. However, Section 5(4)(A) and (B) says the following:

“Notwithstanding any other provision of this chapter, the Attorney General may implement this sub- section with regulations. (B) Regulations promulgated under this paragraph‚Äî(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1) [ie; transferring them to other people, which is explained in Section 8 of this article]; and (ii) shall not include any provision imposing record keeping requirements on any unlicensed transferor or requiring licensees to facilitate transfers in accordance with paragraph (1).’‘.”

So, from what I understand, it is possible that the Attorney General could require a tax stamp for transferring your grandfathered. It does not seem to me that the grandfathered weapons and magazines have to be registered in accordance with the 1934 NFA. However, I am not a lawyer or an expert in the law. I recommend confirming this with someone more adept at understanding the law before coming to conclusions. If it does mean grandfathered weapons need to be registered, contact me IMMEDIATELY and I will correct this.

Section 6: Secure Storage

The Feinstein bill also makes it illegal “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 sub- section (g), (n), or (x), or any provision of State law.” The two exceptions are if it is carried on your person or if it is locked up in a gun safe.

Section 7: Penalties

Section 4 of Feinstein’s bill amends a section of the United States code. “Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ‘‘or (q) of section 922’’ and inserting ‘’(q), (r), (v), (w), or (aa) of section 922’‘.”

What does this mean? Here is a link to Section 924 of title 18, United States Code. It deals with the penalties of breaking firearms laws. From what I understand, it raises the punishment for certain gun-related crimes involved with section 922 to fines, a minimum of five years or more in prison, or both.

Again, I am not a lawyer or an expert in dealing with the law. My word of advice is to find another analysis that goes more into depth with this. Perhaps the author of that analysis can explain it better. For now, this is what I believe that section is about.

Section 8: Background checks for private sales

Section 5 of the Feinstein bill requires that in order to sell, give, or loan a firearm to someone else, it must be brought to “a licensed importer, licensed manufacturer, or licensed dealer,” and they must take possession of it and do a federal background check on the person receiving the firearm.

Section 9: By-back program

“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.’’”

Essentially, this bill creates a federal buy-back program for semi-automatic weapons, standard-capacity magazines, and large capacity magazines.

Section 10: The Severability Clause

“If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.”

This means that if this bill passes and is challenged in court, and part of the bill is struck down, the whole bill does not go down, just the struck-down part. The whole law must be declared unconstitutional to get rid of the full bill in court.

Section 11: Other things

The transfer of grandfathered semi-auto guns through an FFL dealer will 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 prohibited from possessing or receiving a grandfathered semiautomatic assault weapon.”

Conclusion

That concludes the analysis of the Feinstein bill. This article took me two hours to compile and type up. If you have actually sat down through this and read it all the way without skipping, I congratulate you for your patience. Reading this has probably depressed you a lot, so I recommend you go watch something funny and unrelated with politics, like The Three Stooges. I know I will.

When you have laughed and cheered up, and your soul has been strengthened, come back here for Part 2, in which I will mercilessly tear into this unconstitutional monstrosity of a bill. Also, if you like unapologetic conservative commentary, why not like my Facebook page? Following me on Facebook will guarantee you a daily stream of commentary on the issues of the day. Plus, as I am a writer, you’ll be able to follow what I am doing in that field; specifically, with other articles at Canada Free Press, book reviews, short stories, and one day, novels.

Until then, as YouTuber sootch00 says:

“Be strong. Be of good courage! God bless America, Long Live the Republic.”


Scott Howard Phillips -- Bio and Archives | Click to view Comments

Scott Howard Phillips is studying Professional Writing at Taylor University. His passion is writing fiction, but he also enjoys writing book reviews and fighting for freedom through the mightiest of all weapons: the pen. He can be reached through his website, Facebook, and Twitter.