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108th CONGRESS
2d Session
H. R. 4292
To ban the transfer of 50 caliber sniper weapons, and otherwise
regulate the weapons in the same manner as machine guns are regulated.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2004
Mr. Moran of Virginia (for himself, Mr. Conyers, Ms. Norton, Mr.
Wexler, Mr. Emanuel, Mrs. Maloney, and Mr. Van Hollen) 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 ban the transfer of 50 caliber sniper weapons, and otherwise
regulate the weapons in the same manner as machine guns are regulated.
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 ``50 Caliber Sniper Rifle Reduction
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, in
addition 50 caliber sniper weapons pose a significant threat to
civil aviation in that they are capable of destroying or
disabling jet aircraft;
(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 THE 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) Conforming Amendment.--Section 5811(a) of such Code is amended
by striking ``5845(e)'' and inserting ``5845(f)''.
(d) 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)(A) The prohibitions of paragraph (1) shall not apply with
respect to 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.
``(B) The possession prohibition of paragraph (1) shall not apply
with respect to the 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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