This is a short bill so I can post it in its entirety here:
H. R. 138Note in the bolded section that this legislation does not just cover detachable magazines. This legislation covers any magazine that even has the potential of holding more than 10 rounds with the exception of attached tubular .22 cal. magazines.
To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 3, 2013
Mrs. MCCARTHY of New York (for herself and Ms. DEGETTE) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes.
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 `Large Capacity Ammunition Feeding Device Act'.
SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Definition- Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following:
`(30) The term `large capacity ammunition feeding device'--
`(A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but
`(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.'.
(b) Prohibitions- Section 922 of such title is amended by inserting after subsection (u) the following:
`(v)(1)(A)(i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.
`(ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of this subsection.
`(B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.
`(2) Paragraph (1) shall not apply to--
`(A) a manufacture for, 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 transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty);
`(B) a 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 a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials;
`(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon that retirement; or
`(D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.'.
(c) Penalties- Section 924(a) of such title is amended by adding at the end the following:
`(8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both.'.
(d) Identification Markings- Section 923(i) of such title is amended by adding at the end the following: `A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured after such date of enactment, and such other identification as the Attorney General may by regulation prescribe.'.
Also note that magazines (and firearms with attached magazines with the potential to hold greater than 10 round) that are owned at the time the legislation becomes law are grandfathered in, and that they are not transferable. This means that you can not sell, trade or bequeath your private property.
The legislation attempts to buy off the police organizations by excluding retired LEO's from this ban. That exclusion is a kick in the teeth to every other American citizen.
This law will do absolutely nothing to curb violence. The criminal element who buy, sell and steal firearms are not going to start restricting magazine capacity.
This law is unenforceable. There are 10's of millions of standard capacity magazines in private possession right now. No registration, no serial numbers, no proof of who owns what, when or where. The tax dollars that would be necessary to attempt to enforce this law, and prosecute anyone arrested under this law would be prohibitive.
This law will reduce a citizen's ability to defend themselves. Yes, it may very well take more than 10 rounds to defend your family and yourself from a goblin or a group of goblins. Why do you think LEO's carry sidearms with standard capacity magazines? They know that during conflict the more the better. If a police officer needs more than 10 rounds on hand to defend himself, then I need more than 10 rounds to defend my family. This my friend is why magazine capacity limitations infringe on my human right to defend myself and my family from harm.
The law won't work. The law is not enforceable. The law limits my ability to defend my family and my home. This law needs to be defeated.
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