S. 723 Anti-Gun Invasion Act of 1997


Anti-Gun Invasion Act of 1997 (Introduced in the Senate)

S 723 IS

105th CONGRESS

1st Session

S. 723

To increase the safety of the American people by preventing dangerous military firearms in the control of foreign governments from being imported into the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 8, 1997

Mr. LAUTENBERG (for himself, Mrs. BOXER, and Mr. KERRY) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations


A BILL

To increase the safety of the American people by preventing dangerous military firearms in the control of foreign governments from being imported into the United States, 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 `Anti-Gun Invasion Act of 1997'.

SEC. 2. FINDINGS.

    Congress makes the following findings:

      (1) Since 1950, the United States Government has furnished to foreign governments at least 2,500,000 military firearms that are considered to be `curios or relics' under the Gun Control Act of 1968.

      (2) These firearms include more than 1,200,000 M-1 Carbine rifles and 250,000 M1911 pistols of United States manufacture that have been furnished to foreign governments under United States foreign military assistance grant, loan, or sales programs.

      (4) Criminals tend to use low-cost firearms that are concealable, capable of accepting large-capacity magazines, or are capable of being easily converted to fully automatic fire.

      (5) An M-1 Carbine can be converted easily to a fully automatic weapon by disassembling the weapon and reassembling the weapon with a few additional parts.

      (6) An M1911 or M1911A pistol is easily concealable.

      (7) At least 9 police officers have been murdered in the United States using M-1 Carbines or M1911 pistols in the past 7 years.

      (8) The importation of large numbers of `curio or relic' weapons would lower their cost, make them more readily available to criminals, and constitute a threat to public safety and to law enforcement officers.

      (9) The importation of these `curios or relics' weapons could result in a financial windfall for foreign governments.

      (10) In order to ensure that these weapons are never permitted to be imported into the United States, a provision of the Arms Export Control Act must be deleted.

SEC. 3. REMOVAL OF EXEMPTION FROM PROHIBITION ON IMPORTS OF CERTAIN FIREARMS AND AMMUNITION.

    (a) REMOVAL OF EXEMPTION- Section 38(b)(1) of the Arms Export Control Act (22 U.S.C. 2778(b)(1)) is amended by striking subparagraph (B), as added by section 8142(a) of the Department of Defense Appropriations Act, 1988 (contained in Public Law 100-202).

    (b) SAVINGS PROVISION- The amendment made by subsection (a) shall not affect any license issued before the date of the enactment of this Act.

SEC. 4. REPORT ON IMPORTS OF FOREIGN-MADE SURPLUS MILITARY FIREARMS THAT ARE CURIOS OR RELICS.

    Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury, acting through the Bureau of Alcohol, Tobacco and Firearms, shall submit a report to Congress on the scope and effect of the importation of foreign-made surplus military firearms under section 925(e) of title 18, United States Code. The report shall contain the following:

      (1) CURRENT IMPORTATION- A list of types and models of military firearms currently being imported into the United States as `curios or relics' under section 925(e) of title 18, United States Code, which would otherwise be barred from importation as surplus military firearms under section 925(d)(3) of that title.

      (2) IMPORTATION DURING PRECEDING 5 YEARS- A list of the number of each type and model listed under paragraph (1) that has been imported into the United States during the 5 years preceding the date of submission of the report.

      (3) EASE OF CONVERSION- A description of the ease with which each type and model listed under paragraph (1) may be converted to a semiautomatic assault weapon as defined in section 921(a)(30)(B) of that title or to a fully automatic weapon.

      (4) INVOLVEMENT IN CRIMINAL ACTIVITIES- Statistics that may be relevant to the use for criminal activities of each type and model of weapons listed in paragraph (1), including--

        (A) statistics involving the use of the weapons in homicides of law enforcement officials; and

        (B) the number of firearm traces by the Bureau of Alcohol, Tobacco and Firearms that involved those weapons.

      (5) COMPREHENSIVE EVALUATION- A comprehensive evaluation of the scope of imports under section 925(e) of that title and the use of such weapons in crimes in the United States.

Other cosponsors:
Sen Moynihan - 09/15/97


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