Date: Wed, 15 Feb 95 09:29:48 EST To: firearms-alert@shell.portal.com From: pjm@nando.net (Paul Milligan) Subject: FEDERAL: New Owens/Schumer/Hastings ban/confiscation bill HR915 / 916 Two new gun control bills were introduced this week in the US House. Selected clips follow. Prohibition, confiscation, etc. All power given to Treasury and BATF to decide everything by regulation. Mandatory storage of your gun at police HQ. Notes in ( ) are mine. 104th Congress H. R. 915 As Introduced in the House -------------------- IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 1995 Mr. Owens (for himself, Mr. Schumer, and Mr. Hastings of Florida) introduced the following bill; which was referred to the Committee on the Judiciary -------------------- A BILL To expand the powers of the Secretary of the Treasury and the Bureau of Alcohol, Tobacco and Firearms to regulate the manufacture, distribution, and sale of firearms and ammunition, and to expand the jurisdiction of the Bureau to include firearm products and non-powder firearms. The purposes of this Act are - (1) to protect the public against unreasonable risk of injury and death associated with firearms and related products; (2) to develop safety standards for firearms and related products; (3) to assist consumers in evaluating the comparative safety of firearms and related products; (4) to promote research and investigation into the causes and prevention of firearm-related deaths and injuries; (5) to restrict the availability of weapons that pose an unreasonable risk of death or injury; and (6) to restrict development of weapons that pose a threat to public safety. [.............................] (c) Petitions. - (1) In general. - Any person may petition the Secretary to - (A) issue, amend, or repeal a regulation prescribed under subsection (a) of this section; or (B) require the recall, repair, or replacement of a firearm product, or the issuance of refunds with respect to a firearm product. (NOTE : " Any person may petition the Secretary to issue a regulation, or [.....] order the recall [...] replacement [...]or refund of any firearm.") The Secretary may issue an order prohibiting the manufacture, sale, or transfer of a firearm product which the Secretary finds has been manufactured, or has been or is intended to be imported, transferred, or distributed in violation of a regulation prescribed under this Act. (2) bring the product into conformity with the regulations prescribed under this Act; (4) replace the product with a like or equivalent product which is in compliance with such regulations; (NOTE : " The Secretary [....] may prohibit, [...] bring ... into conformity, [...] or order replacement with a 'like or equivalent' product [....] anything in violation of his own regulations." The Secretary gets to define 'equivalent'. ) (5) refund the purchase price of the product, or, if the product is more than 1 year old, a lesser amount based on the value of the product after reasonable use; (2) enter and inspect any conveyance being used to transport a firearm product. ( Note : Unlimited vehicle search ) (g) Stockpiling. - It shall be unlawful for any person to manufacture, purchase, or import a firearm product, after the date a regulation is prescribed under this Act with respect to the product and before the date the regulation takes effect, at a rate that is significantly greater than the rate at which the person manufactured, purchased, or imported the product during a base period (prescribed by the Secretary in regulations) ending before the date the regulation is so prescribed. ( Note - "[...] It shall be unlawful [...] after a regulation is prescribed [...] and BEFORE it takes effect [...] to purchase [...] { ~ more than you have purchased previously }) (b) Imminently Hazardous Firearm Product. - As used in subsection (a), the term `imminently hazardous firearm product` means any firearm product with respect to which the Secretary determines that - (1) the product poses an unreasonable risk of injury to the public; and (Note : Under this premise, the Secretary can ban all guns by regulation, without legislation ! ) (2) time is of the essence in protecting the public from the risks posed by the product. (c) Relief. - In an action brought under subsection (a), the court may grant such temporary or permanent relief as may be necessary to protect the public from the risks posed by the firearm product, including - (1) seizure of the product; and ( Note : CONFISCATION !!! ) (2) an order requiring - (A) the purchasers of the product to be notified of the risks posed by the product; (B) the public to be notified of the risks posed by the product; or (C) the defendant to recall, repair, or replace the product, or refund the purchase price of the product (or, if the product is more than 1 year old, a lesser amount based on the value of the product after reasonable use). (2) Firearm part. - The term `firearm part` means - (A) any part or component of a firearm as originally manufactured; (B) any good manufactured or sold - (i) for replacement or improvement of a firearm; or (ii) as any accessory or addition to the firearm; and (C) any good that is not a part or component of a firearm and is manufactured, sold, delivered, offered, or intended for use exclusively to safeguard individuals from injury by a firearm. ( Note : part C = Safety glasses, earmuffs, shoulder pads, vests.......) ___________________________________________________________________ This is the SECOND NEW BILL introduced 2/13/95.!!! Selected clips follow. This one is a total ban & confiscation, storage at P.D. only, etc. Handguns and AMMO ! I wonder why two new bills ( HR 915 & HR 916 ) in one day ? 104th Congress H. R. 916 As Introduced in the House BILL H. R. 916 TITLE To prohibit the manufacture, importation, exportation, sale, purchase, transfer, receipt, possession, or transportation of handguns and handgun ammunition, with certain exceptions. -------------------- IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 1995 Mr. Owens introduced the following bill; which was referred to the Committee on the Judiciary -------------------- TEXT A BILL To prohibit the manufacture, importation, exportation, sale, purchase, transfer, receipt, possession, or transportation of handguns and handgun ammunition, with certain exceptions. [......] `Sec. 943. Licensing of handgun clubs `(a) Handgun Clubs. - Pursuant to regulations issued by the Secretary, the Secretary may issue a license to a handgun club if - `(1) no member of the handgun club is a person whose membership and participation in the club is in violation of State or local law; `(2) no member of the handgun club is prohibited from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce under section 922 (g) or (h); `(3) no member of the handgun club has willfully violated this chapter or any regulations issued under this chapter; `(4) the handgun club has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact in connection with its application; `(5) the handgun club has been founded and is operated for bona fide target shooting; `(6) the handgun club - `(A) has a single, established premises from which it operates; `(B) has procedures for supervising the use of handguns by its members at all times; ( Note : - mandatory storage at the police department is below ! ) `(C)(i) has procedures and has facilities on its premises for keeping the handguns in a secure place, under the control of a designated officer of the club, at all times when the handguns are not being used by its members; and `(ii) has made arrangements for the storage of the members` handguns in a facility of the local police department or other law enforcement agency, at all times when the handguns are not being used by its members; and `(D) meets all operational, safety, security, training, and other requirements that the Secretary may prescribe by regulation. `(2) Members of licensed handgun clubs. - A member of a licensed handgun club who sells or otherwise transfers a handgun or handgun ammunition shall maintain records of such sales, transfers, receipts, and other dispositions of handguns and handgun ammunition, in such form as the Secretary may by regulation provide. `Sec. 946. Voluntary delivery to law enforcement agency; reimbursement `(a) Delivery. - A person may at any time voluntarily deliver to any Federal, State, or local law enforcement agency designated by the Secretary a handgun owned or possessed by the person. `(b) Disposition. - The Secretary shall arrange with each agency designated to receive handguns for the transfer, destruction, or other disposition of handguns delivered under subsection (a). `(c) Reimbursement. - The Secretary shall pay to a person who delivers a handgun under subsection (a) on or prior to the date that is one hundred eighty days after the date of enactment of this subchapter an amount equal to the greater of - `(1) $25; or ( Note - anyone wishing to surrender a SIG or Glock for $25, please email me for further instructions :) :) ). `(2) the fair market value of the handgun as determined by the Secretary. `(f) Forfeiture. - Any handgun or handgun ammunition involved or used in, or intended to be used in, a violation of this subchapter or any regulation issued under this subchapter, or any violation of any other criminal law of the United States, shall be subject to seizure and forfeiture, and all provisions of the Internal Revenue Code of 1986 relating to the seizure, forfeiture, and disposition of firearms shall, so far as applicable, extend to seizures and forfeitures under this subchapter. _______________________________________ No waste of bandwidth is too great, No expenditure of ( remote ) MIPs too excessive, my E-mail must traverse this virtual wasteland !! Paul Milligan ( pjm@nando.net )