[Congressional Record Volume 140, Number 50 (Monday, May 2, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: May 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
ASSAULT WEAPONS
Mr. CRAIG. Madam President, it is most fortuitous that you are in the
chair today when I come to put into the Senate Record information that
deals with legislation you and I were directly involved in last
December. It is a piece of legislation--an amendment to the Senate
crime bill--which bears your name.
The Feinstein amendment, a proposed amendment in that bill--I should
say a portion of that bill, now--by your own words, selectively bans
some 19 assault weapons from being manufactured, distributed, and sold
in this market.
Following that debate and the give-and-take that you and I had here
on the Senate floor, on December 6 I wrote to the Director, John Magaw,
of BATF, and asked him to analyze your legislation to see if any other
firearms might be banned by that legislation.
He analyzed it, and in a letter of December 20, returned to me a
listing of some 29 additional weapons that he felt fall under your
legislation and could be, and more than likely would be, banned based
on their writing of rule and regulation and the interpretation of your
legislation.
I ask unanimous consent that that letter and that list be made a part
of the Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
Department of the Treasury, Bureau of Alcohol, Tobacco
and Firearms,
Washington, DC, December 20, 1993.
Hon. Larry E. Craig,
U.S. Senate,
Washington, DC.
Dear Senator Craig: Thank you for your letter dated
December 6, 1993, to the Bureau of Alcohol, Tobacco and
Firearms (ATF). In your letter, you inquire about certain
firearms contained in section 4502(b) of the Violent Crime
Control and Law Enforcement Act of 1993 (H.R. 3355) that was
passed by the Senate in November 1993. You specifically asked
that AFT list any firearms, other than those specifically
named, that would be affected by this legislation.
The following firearms appear to meet the general
characteristics section of the bill:
rifles
AA Arms AR9 semiautomatic rifle
AMT Lightning 25 rifle
Auto Ordnance Thompson Model 1927 carbines (finned barrel
versions)
Calico M100 carbine
Colt Sporter Rifle (all variations)
Federal XC900 carbine
Federal XC450 carbine
Grendel R31 carbine
Iver Johnson M1 Carbine (version with collapsible stock and
bayonet lug)
Springfield M1A rifle
pistols
AA Arms AP9 pistol
Australian Automatic Arms pistol
Auto Ordnance Model 1927A5 pistol
American Arms Spectre pistol
Calico Model M950 pistol
Calico Model 110 pistol
Claridge Hi-Tech pistol (all models)
D Max auto pistol
Grendel P-31 pistol
Heckler & Koch SP89 pistol
Wilkinson Linda pistol
shotguns
Benelli M1 Super 90 Defense shotgun
Benelli M3 Super 90 shotgun
Franchi LAW 12 shotgun
Franchi SPAS 12 shotgun
USAS 12 shotgun
The above list was compiled from currently advertised
firearms. This list should not be considered to be all
inclusive.
We trust that the foregoing has been responsive to your
inquiry. If we may be of any further assistance, please do
not hesitate to contact us.
Sincerely yours,
Daniel R. Black,
(For John W. Magaw, Director).
Mr. CRAIG. Then on February 17, I once again wrote to him because
there appeared in a gun magazine a list of additional semiautos that
some gun interests felt might be banned by your amendment to the Senate
crime bill. That list included 180 different weapons.
The letter that I got in return from BATF came to me April 1, in
which they examined the 180-plus different weapons. They subtracted out
the 29 that they had proposed in their December 20 letter, and here are
his exact words:
The majority of the firearms contained on the enclosure in
your letter would be assault weapons as that term is defined
in the Feinstein amendment. The following firearms on your
list would not be assault weapons.
And they list several, and then go on to say, ``but the majority are
and would be banned by the Feinstein amendment.''
I ask unanimous consent that my letter, a list of those weapons that
I sent to him, and the response letter from the Director of BATF be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, February 17, 1994.
Attn: John W. Magaw.
Bureau of Alcohol, Tobacco and Firearms,
Washington, DC.
Dear Director Magaw: Thank you for your quick response to
my request for a list of the firearms that would be banned as
a result of the Feinstein amendment to the Senate Crime bill,
now Section 4502 of S. 1607.
Since you stated your list is not inclusive and additional
firearms may be added to it, could you tell me:
1. Would any of the firearms listed in Appendix A of the
Feinstein amendment (that is, Section 4510 of S. 1607) be
banned under the criteria given in the amendment?
2. Did BATF personnel assist in the compilation of Appendix
A?
3. Is it possible to develop a comprehensive list of
potentially banned firearms? If so, can you estimate how long
it would take to develop such a list?
4. Would the firearms on the attached list be banned?
5. To the extent that the criteria for banning focus on
cosmetic features, do you agree that virtually any firearm on
the list could be modified (such as by removing a bayonet lug
or flash suppressor) to remove it from the definition of
banned ``assault weapon''?
6. Please provide me with whatever data your agency has
concerning the number of crimes committed in the last five
years with each of the firearms restricted by S. 1607.
7. Please provide me with whatever data the BATF has
concerning the number of crimes committed with each of the
firearms that are mentioned in your letter, or other firearms
of this ``type'' on which you have not yet reached a
decision.
Your continued assistance is greatly appreciated.
Sincerely,
Larry E. Craig,
U.S. Senator.
Enclosure.
AO-9 Assualt Pistol,
American Arms AKY39 Rifle,
American Arms AKF39 Rifle,
American 180,
Anschutz Deluxe Model 520/61,
AR-10 Semi-Auto Rifle,
Argientine FALs,
Armalite AR-180 Sporter Carbine,
Armscor Model 1600,
Armscor AK-22,
Armscorp M-14 Semi-Auto Rifle,
Australian Automatic Arms SAR,
Australian Automatic Arms SAC,
Australian Automatic Arms SAP,
Australian Automatic Arms SP Hunting Rifle,
Australian Automatic Arms SP-20 Hunting Rifle,
Australian L1A1 FAL,
Auto-Ordnance Mod 1927A-3,
Auto-Ordnance 1927-A5 Pistol,
Barrett Light-Fifty,
Beretta AR-70 Sporter,
Beretta SC-70 Carbine,
Bushmaster Auto Rifle,
Bushmaster Rifle,
Bushmaster Auto Pistol,
Calico Model 100 Pistol,
Calico Model 900 Carbine,
Calico Model 951 Tactical Carbine,
CETME Rifle,
Clayco AKS Rifle,
Cobray M-11,
Cobray M-11/9,
Cobray 9mm Carbine,
Cobray Cobray M-12,
Colt AR-15,
Colt AR-15A2 Carbine,
Colt AR-15A2 H-BAR,
Colt AR-15A2-Delta H-BAR,
Colt Match Delta H-BAR,
Colt Sporter Lightweight,
Colt Sporter Target,
Commando Arms Carbine,
Daewoo Ar11OC,
Daewoo AR100,
Demro TAC-1 Carbine,
Demro XF-7 Carbine,
Eagle Arms EA-15 Action Master Auto Rifle,
Eagle Arms EA-15 Auto Rifle,
Eagle Arms EA-15 E1 Carbine,
Eagle Arms EA-15 E2 Carbine,
Eagle Arms EA-15 E2, H-BAR,
Eagle Arms EA-15 Golden Auto Rifle,
Egyptian Maadi AKM,
Egyptian Maadi ``Thumbhole AKM'',
EMF AP-74,
Encom Mk IV,
FAMAS Semi-Auto Rifle,
Feather AT-9 Carbine,
Feather AT-22,
Feather Mini-AT,
Feather SAR-180 Carbine,
Feather Saturn 30 Rifle,
Federal Model XC-220,
Federal XC900 Pistol,
Federal SC450 Pistol,
Fed Ord M-14 Rifle,
F.I.C/Franchi Fara Carbine,
FN-FNC,
FN ``G Series'' FALFN-LAR Competition Auto,
FN-LAR Heavy Barrel .308 Match,
FN-LAR Paratrooper Model 50-64,
FN-LAR Model 50-63,
Galil AR,
Galil ARM,
Galil Sniper Rifle,
Galil Sporter,
Goncz High-Tech Carbine,
Goncz High-tech Long Pistol,
Grendel R-31 Auto Carbine,
Heckler & Koch PSG-1 Marksman Rifle,
Heckler & Koch VP 70Z Pistol,
Heckler & Koch 91,
Heckler & Koch 93,
Heckler & Koch 94,
Holmes MP-22,
Holmes MP-38,
Holmes MP-83,
Intratec Scorpion,
Intratec TEC-9,
Intratec TEC-DC9,
Intratec TEC-22,
Israeli FALS,
Iver Johnson Enforcer Model 3000 Auto,
Iver Johnson PM30HB Carbine,
Kassnar SA 85M AKM,
Kassnar SA 85M ``Thumbhole AKM'',
MAC-10 Semi-Auto,
MAC-11 Semi-Auto,
Micro Uzi Pistol,
Mini Uzi Pistol,
Mitchell AKM,
Mitchell AK-22,
Mitchell Galil/22,
Mitchell Heavy Barrel AKM,
Mitchell MAS-22,
Mitchell M-1622,
Mitchell M-76 Counter Sniper Rifle,
any M1 Carbine with folding stock,
Norinco MAK-90 Rifle,
Norinco MAK-91 Legend Rifle,
Norinco Officer's Nine Carbine,
Norinco RPK Rifle,
Norinco Type 81S Rifle,
Norinco Type 81MGS Rifle,
Norinco Type 84S AK,
Norinco Tuype 85S ``Bullpup'' AK Rifle,
Noninco Type 86S-7 Rifle,
Noninco Type 88SB Rifle,
Olympic Arms Car-9,
Olympic Arms CAR-15,
Olympic Arms CAR-40,
Olympic Arms CAR-45,
Olympic Arms CAR-310,
Olympic Arms K-4 AR-15 Rifle,
Partisan Avenger,
Poly Technologies AK-47/S,
Poly Technologies AKS-762,
Poly Technologies AKS-762 Down Folder,
Poly Technologies AKS-762 Side Folder,
Poly Technologies M-14/S,
Poly Technologies RPKS-74 Assult Rifle,
Ruger Mini-14/5,
Ruger Mini-14 with folder stock,
Scarab Skorpion Pistol,
SIG AMT,
SIG PE-57,
SIG SG 550-2 SP Rifle,
SIG SG 550-2 SP Carbine,
Smith Enterprises M-15 Semi-Auto Rifle,
Spectre Carbine,
Spectre DA Pistol,
Springfield Armory SAR-3,
Springfield Armory SAR-48 Standard,
Springfield Armory SAR-48 Bush Rifle,
Springfield Armory SAR-48 Heavy Barell,
Springfield Armory SAR-48 Para,
Springfield Armory SAR-4800,
Springfield Armory M1A Super Match,
Springfield Armory M1A-A1 Bush Rifle,
Springfield Armory BM-59 Italian Model,
Springfield Armory BM-59 Alpine Model,
Springfield Armory BM-59 Alpine Paratrooper Model,
Springfield Armory BM-59 Nigerian MK IV Model,
Springfield Armory M-21 Sniper Rifle,
Sterling Carbine,
Steyr AUG-SA,
Seet Sweeper Shotgun,
Striker 12 SE-12 Shotgun,
SVD ``Tiger'' Sniper Rifle,
Universal 100 Carbine,
USAS-12 Auto,
Uzi Pistol,
Uzi Carbine,
Valmet M-62/S Rifle,
Valmet M-71/S Rifle
Valmet M-76 Standard Rifle,
Valmet M-78 Rifle,
Valmet M-82 Bullpup Rifle,
Valmet Hunter Rifle,
Weaver Arms Nighhawk,
Wilkinson ``Terry'' Carbine, and,
XM 231S Semi-Auto Pistol.
____
Department of the Treasury, Bureau of Alcohol, Tobacco
and Firearms,
Washington, DC, April 1, 1994.
Hon. Larry E. Craig,
U.S. Senate,
Washington, DC.
Dear Senator Craig: This is in response to your letter of
February 17, 1994, to the Bureau of Alcohol, Tobacco and
Firearms (ATF). In your letter, you inquire about various
firearms that would be banned as a result of the Feinstein
amendment to the Senate Crime Bill (section 4502 of S. 1607).
The firearms contained in Appendix A of the Feinstein
amendment to the Senate Crime Bill would not be banned under
the criteria given in the amendment as presently written. ATF
personnel did not assist in the compilation of the list of
firearms contained in Appendix A.
With respect to your question concerning the development of
a comprehensive list of potentially banned firearms, the
majority of semiautomatic firearms could be modified by the
addition of features such as pistol grips, folding stocks,
flash suppressors, etc., such that their modified
configuration would make them subject to the definitions of
assault weapon as contained in the Feinstein amendment.
Therefore, it would not be possible to formulate such a
comprehensive list.
The majority of the firearms contained on the enclosure in
your letter would be assault weapons as that term is defined
in the Feinstein amendment. The following firearms on your
list would not be assault weapons:
Commando Arms Carbine,
Feather Saturn 30 Rifle,
F.I.E./Franchi Para Carbine,
Heckler & Koch VP70Z Pistol, and
Valmet Hunter Rifle.
The Springfield Armory SAR4800, Egyptian MAADI Thumbhole
AKM, Galil Sporter, Norinco MAK-90, and Norinco MAK-91 Legend
rifles are modified versions of semiautomatic rifles listed
in the Feinstein amendment. Therefore, we are uncertain of
their status under the amendment.
The following firearms contained on your list cannot be
positively identified; therefore, we are unable to comment on
their status under the Feinstein amendment:
AO-9 Assault Pistol,
Micro Uzi Pistol,
Mini Uzi Pistol,
Universal 100 Carbine, and
XM 231S Semi-Auto Pistol.
You also asked if virtually any firearm on the list of
assault weapons could be modified by eliminating the bayonet
lug, flash suppressor, or other accessories to remove the
firearm from the definition of a banned or assault weapon.
The vast majority of the firearms meeting the definition of
assault weapon as contained in paragraphs (B), (C), and (D)
of the Feinstein amendment could be modified to remove them
from that definition.
As requested, enclosed are the lists of the firearms and
types of crimes involved that have been reported to our
National Tracing Center. The lists cover weapons restricted
by S. 1607 and those firearms mentioned in our previous
letter. Also enclosed is an explanation of the crime codes
used on the requested lists.
We trust that the foregoing has been responsive to your
inquiry. If we may be of any further assistance, please do
not hesitate to contact us.
Sincerely yours,
John W. Magaw,
Director.
Mr. CRAIG. Madam President, the reason I say this is just to lay
facts and frustrations on the Record because I, in no way, question the
intent or the integrity of the Acting President pro tempore and the
intent of her legislation. The problem is there is a very real question
as to what it does and does not do. We all know in the business of
making public policy that once it gets to the agency and the agency
interprets through rules and regulations, a lot of things can change.
Here we have the Director of BATF saying that, by their initial
overview, at least 180 more weapons than are proposed in your
amendment, by your own words, could likely fall under the proposed ban.
There is another reason for making this statement. Today, the
President took issue with this and is making it a major crusade because
there will be a vote in the House in the next few days. He said, and I
quote from a statement this morning:
This is a lay-down, no-brainer issue.
Well, Madam President, my guess is that it is a no-brainer issue or,
at least to date, people who are working the issue have not studied it
enough to determine, as I have argued on this floor, that it has to be
a brainer issue or we, in fact, take away from law-abiding citizens
their right.
So I ask the Members of the House to read the Record today and the
inserts I have put in the Record before they debate this issue on the
floor of the House in the coming days. It is a critical and necessary
issue that we understand what all this is about.
____________________