The Most Sweeping Gun Ban Ever Introduced in Congress--Clinton Gun Ban "Reenactment" Bans Millions More Guns

Posted on January 13, 2004

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H.R. 2038/S. 1431, introduced by Rep. Carolyn McCarthy (D-N.Y.) and Sen. Frank Lautenberg (D-N.J.), does not just "reenact" or "reauthorize" the 1994 Clinton Gun Ban--the federal "assault weapon" law. It bans millions more guns and begins backdoor registration of guns. All told, it's a giant step closer to the goal stated by Clinton Gun Ban sponsor Sen. Dianne Feinstein (D-Calif.) on CBS 60 Minutes--"If I could have gotten 51 votes in the Senate of the United States for an outright ban, picking up every one of them, Mr. and Mrs. America, turn them all in, I would have done it." There is no 10-year sunset provision in H.R.2038/S.1431. It permanently bans every gun banned by the Clinton ban, and:

    • Bans every gun made to comply with the Clinton ban.

      The Clinton ban dictated the kinds of grips, stocks and attachments new guns can have. Manufacturers and gun owners complied and new guns conform to the Clinton-Feinstein requirements. H.R. 2038/S.1431 bans the new guns too.

    • Bans guns exempted by name or type under the Clinton ban.

      Commonplace Ruger Mini 14s, Mini-30s, Ranch Rifles, .30 Caliber Carbines, and fixed-magazine semi-automatic center-fire rifles.

  • Bans all semi-automatic shotguns.

    Bans Remington, Winchester, Beretta, Benelli, and other shotguns commonly used for hunting, trap, skeet, sporting clays, and self-defense. Bans them by banning their main component, called the "receiver" (sec. 2(a)(30)(J)), and bans them because they have "any characteristic that can function as a grip"(sec. 2(H)(ii) and (b)(42)). Any characteristic.
  • Bans all detachable-magazine semi-automatic rifles because they have "any characteristic that can function as a grip." (sec.2(a)(30)(D)(iii) and (iv), and (b)(41) and (42)). Any characteristic.
  • Bans target shooting rifles.

    Bans the three centerfire rifles most popular for marksmanship competitions: the Colt AR-15, the Springfield M1A and the M1 "Garand."
  • Bans guns for self-defense.

    Bans any semi-automatic shotgun or rifle an Attorney General one day claims isn't "sporting," even though the U.S. Constitution, the constitutions of 44 states, and the laws of all 50 states recognize the right to use guns for defense.
  • Bans 65 named guns (the Clinton law bans 19);

    Bans semi-auto fixed-magazine pistols of over 10 rounds capacity;

    Bans frames, receivers, and parts used to repair or refurbish guns;

    Bans importation of magazines exemptedby the Clinton ban;

    Bans selling a legally-owned "assault weapon" with a magazine of over 10 rounds capacity.
  • Bans guns rarely used in crime. A fact proven by every state and local law enforcement agency report, and every DOJ felon survey on the subject. The Congressionally-mandated study of the Clinton ban found that the guns "were never used in more than a fraction of all gun murders."
  • Begins backdoor registration. Requires private sales of banned guns, frames, and parts to be conducted through licensed dealers. Thus, the bill bans private sales and establishes de facto registration.
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