HR 138: Large Capacity Feeding Device Act

Rep. Carolyn McCarthy introduced HR 138 – the Large Capacity Feeding Device Act – as expected on January 3rd. It is a word-for-word repeat of her HR 308 introduced in the 112th Congress. It is a straight up magazine ban of all magazines with a greater than 10 round capacity or the ability to be converted or adapted to that size. Unlike the Clinton-era assault weapon (sic) ban, this bill will not allow you to transfer a pre-ban magazine. Of course, all governmental agencies and current or retired law enforcement officers are exempted from it.

The text of the bill is below:

HR 138 IH

113th CONGRESS

1st Session

H. R. 138
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.’.

This bill has 39 co-sponsors as of today and I’m sure more anti-gun representatives will be flocking to sign on after Obama’s unveiling of his proposals tomorrow. The co-sponsors, all Democrats, include:

Rep Brady, Robert A. [PA-1]
Rep Capuano, Michael E. [MA-7]
Rep Castor, Kathy [FL-14]
Rep Cicilline, David N. [RI-1]
Rep Conyers, John, Jr. [MI-13]
Rep Courtney, Joe [CT-2]
Rep Cummings, Elijah E. [MD-7]
Rep DeGette, Diana [CO-1]
Rep DeLauro, Rosa L. [CT-3]
Rep Deutch, Theodore E. [FL-21]
Rep Ellison, Keith [MN-5]
Rep Eshoo, Anna G. [CA-18]
Rep Frankel, Lois [FL-22]
Rep Fudge, Marcia L. [OH-11]
Rep Higgins, Brian [NY-26]
Rep Himes, James A. [CT-4]
Rep Huffman, Jared [CA-2]
Rep Israel, Steve [NY-3]
Rep Kaptur, Marcy [OH-9]
Rep Larson, John B. [CT-1]
Rep Levin, Sander M. [MI-9]
Rep Maloney, Carolyn B. [NY-12]
Rep Matsui, Doris O. [CA-6]
Rep McCollum, Betty [MN-4]
Rep Miller, George [CA-11]
Rep Moore, Gwen [WI-4]
Rep Moran, James P. [VA-8]
Rep Norton, Eleanor Holmes [DC]
Rep Perlmutter, Ed [CO-7]
Rep Quigley, Mike [IL-5]
Rep Schakowsky, Janice D. [IL-9]
Rep Schiff, Adam B. [CA-28]
Rep Sherman, Brad [CA-30]
Rep Slaughter, Louise McIntosh [NY-25]
Rep Speier, Jackie [CA-14]
Rep Tierney, John F. [MA-6]
Rep Tsongas, Niki [MA-3]
Rep Van Hollen, Chris [MD-8]
Rep Yarmuth, John A. [KY-3]