Frank Lautenberg

The gun prohibitionists never let a tragedy go to waste. A gaggle of Democrat Senators led by Frank Lautenberg (D-NJ) and Chuck Schumer (D-NY) have proposed an amendment to S. 3414, the Cybersecurity Act of 2012, that would ban all magazines, stripper clips, drums, and belts that would hold more than 10 rounds. They do carve out an exception for .22 LR.

This is similar to the bill that Rep. Carolyn McCarthy proposed following the shooting in Tucson in 2011. Like her bill, while you could possess a pre-ban mag, it doesn’t allow you to sell or transfer it.

Sen. Schumer defended the amendment on the floor of the Senate yesterday. The Hill has video of it here. He said in part,

“Maybe we could come together on guns if each side gave some,” Schumer said.

He suggested that Democrats make it clear that their goal is not to repeal the Second Amendment.

“The basic complaint is that the Chuck Schumers of the world want to take away your guns,” Schumer said of the argument made by gun lobbies. “I think it would be smart for those of us who want rational gun control to make it know that that’s not true at all.”

Schumer also pointed out that it would be reasonable for the right to recognize that background checks on those buying guns is necessary — as called for in the Brady law. He also said average Americans don’t need an assault weapon to go hunting or protect themselves.

“We can debate where to draw the line of reasonableness, but we might be able to come to an agreement in the middle,” Schumer said. “Maybe, maybe, maybe we can pass some laws that might, might, might stop some of the unnecessary casualties … maybe there’s a way we can some together and try to break through the log jam and make sure the country is a better place.”

The only problem when gun prohibitionists like Schumer and others of his ilk say “reasonableness”, “rational”, and “common sense” is that they expect those of us who favor gun rights to give up something so that we don’t lose even more stuff. I never see them proposing the end to any of the 20,000 plus bills that are already on the books.

As Sebastian said last night, it is good that this fight is now out in the open. Moreover, now that it is, we need to counter it.

The full text of Senate Amendment 2575 is below:

SA 2575. Mr. LAUTENBERG (for himself, Mrs. BOXER, Mr. REED, Mr. MENENDEZ, Mrs. GILLIBRAND, Mr. SCHUMER, and Mrs. FEINSTEIN) submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following

SEC. __. 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.”.

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