F7

113th CONGRESS

1st Session

H.R. 567

To restrict the sale and usage of semi-automatic and automatic weapons.

In the House of Representatives

January 10, 2013

Ms. Brownrigg, Ms. Carpenter, Ms. Myers, and Ms. Shortall introduced the following bill; which was read twice and referred to the Committee on the Judiciary.

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A Bill

To restrict the sale of semi-automatic and automatic weapons to those mentally incapable or with criminal charges in the degree of a felony while imposing severe regulations towards the purchase distribution and usage of automatic weapons.

Be it enacted by the Senate and House of Representative of the United States of America in Congress assembled

SECTION 1. SHORT TITLE

This act may be cited as the “Restriction of Firearms Act”

SECTION 2. FINDINGS AND PURPOSE

(a) Findings- Congress finds that---

(1) Since 1982, there have been at least 61 mass murders carried out with firearms across the country, and in most cases, the killers had obtained their weapons legally;

(2) there have been 19 mass shootings, since April 16, 2007;

(3) 15 of the 25 worst mass shootings in the last 50 years took place in the United States;

(4) The ownership of firearms has led to an increased percentage of homicides;

(5) States with stricter gun control laws have fewer deaths from gun-related violence;

(6) The second amendment gives citizens the right to bear arms.

(b) Purposes- The purposes of this act are---

(1) Restrict the purchase of automatic weapons

(2) Impose high tariffs on the sale of automatic weapons to generate revenue for the treasury of the federal government

(3) Require background checks on those wishing to purchase a semi-automatic or automatic weapon

(4) Fine those who misuse firearms

(5) Provide safety for the community

(6) Ensure that those with mental incapabilities will not injure themselves or others by use of firearms

SECTION 3. DEFINITIONS

In this Act:

(1) AUTOMATED WEAPON- a firearm that reloads itself and keeps firing until the trigger is released.

(2) SEMI-AUTOMATIC WEAPON- a self-loading firearm which, after being fired, ejects the empty round that has been fired, loads a new cartridge and usually recocks itself.

(3) HANDGUN SAFETY CERTIFICATE- requires that the owner understand and follow handgun safety practices, have basic familiarity with the operation and handling of a handgun, and be fully aware of the responsibility of handgun ownership.

(4) VIOLENT CRIMES- attempted use of physical force, or threatened use of a weapon, committed by a former spouse, parent, or guardian of the victim, by a person who is connected to the victim in any way, by a person who has cohabitated or is cohabitating with the victim, with the intention to cause bodily and/or mental harm to the victim..

(6) STATES- The Term ‘States’---

(A) means all 50 states of the United States of America and includes all other states that shall become part of the United States of America in future history; and

(B) includes agencies and entities of each state.

(7) MENTALLY INCAPABLE- The Term ‘Mentally incapable’---

(A) Refers to a person who is diagnosed with a Clinical Major Depressive Disorder, Bipolar Disorder, Schizophrenia, a Personality Disorder, a Panic Disorder, Schizoaffective Disorder, Dementia, Alzheimer's, a Dissociation Disorder, Autism, Obsessive Compulsive Disorder, a Factitious Disorder, Avoidant Personality Disorder, or any other mental illness that inhibits the acuteness of the mental sphere and may cause unprompted violent acts. In addition it also refers to;

(B) when someone cannot understand or cannot appreciate what may happen as a result of decisions they make about their —or others—finances, health or personal care.

SECTION 4. BAN ON PURCHASE, AND USAGE OF FIREARMS BY MENTALLY INCAPABLE U.S. CITIZENS. BAN ON SALE OF FIREARMS TO MENTALLY INCAPABLE U.S. CITIZENS.

(a.) Those citizens of the U.S. who have been declared mentally incapable shall not be allowed the privilege of using, or possessing firearms

(b.) In cases where an American citizen had been declared mentally incapable their names shall be entered into the National Instant Criminal Background Check (NICB).

(1) The Brady Handgun Violence Prevention Act previously established the NICB, however as of yet many states have not entered the names of those declared mentally incapable.

(2) It is the responsibility of each firearm provider to run all individual buyers names through the NICB system. If a gun is sold to a person defined as mentally incapable and it is discovered by either state officials or federal officials then the executives of that particular firearm business shall be held responsible.

(c.) From this point forth it shall be required by law and enforced by law that all states shall enter the names of those citizens ,who have been declared mentally incapable, into the NICB

(1) If a state has not entered the name of a citizen who has been declared mentally incapable into the NICB, and is discovered, then the state shall pay a fine of no larger than $2,000,000,000 and no less than $500,000,000.

(2) In addition if a state does not enter a name of a citizen who had been declared mentally incapable into the NICB, and the said person commits a crime while in the possession of the firearm a fine shall be imposed upon the state of an amount that shall be decided upon the discretion of the judge presiding over the case.

SECTION 5. REMOVAL OF FIREARMS FROM THOSE DEEMED MENTALLY INCAPABLE

(a.) If those who are in possession of a firearm are deemed mentally incapable, then the firearm shall be confiscated by the state government, and shall no longer be allowed to pursue the obtaining of a firearm.

(b.) All persons who own or operate a firearm shall register with the state, and if they are found to be mentally incapable they may no longer have access to firearms.

(1) If a former owner/operator of a firearm is found in possession of a firearm, he/she shall be subject to a fine up to $2500.

(2) If a former owner/operator of a firearm is found in possession of a firearm a second time, he/she shall face jail time of no more than 10 years, but no less than 2 years.

(c.) All states shall routinely run mental health examinations on all firearm owners/operators to certify that he/she is mentally capable.

(1) The routine examinations will occur within the last month of the 5th year of the date the owner/operator acquires the gun

(2) Each state shall report a list of those deemed mentally incapable to the NICB, as well as removing firearms from the possession of those who are mentally incapable.

SECTION 6. VIOLENT CRIMES AND FIREARM POSSESSION

(a.)Those who have committed a violent crime during any point in their lives shall no longer have the privilege of firearm possession.

(1) If the person prosecuted for the crime is caught owning or possessing a firearm by state or federal law enforcement agents, fines may be enacted, upon the individual, of up to $10,000 but no less than $1,000. The fine will go towards the benefit of the corresponding law enforcement agency.

(b.) This law will affect all criminals with past, present, and future convictions of violent crimes.

(1) There is no grandfather clause for violent criminals who have previously been convicted

(c.) The names of those american citizens who have committed violent crimes shall be entered into the NICB data base, which is already in effect.                   

(1) The names of the individuals, who have committed crimes,will remain on the list indefinitely, unless conviction is overturned  

SECTION VII. RESTRICTION OF PURCHASE, SALE, AND USAGE OF AUTOMATED WEAPONS

(a) The purchase of an automated weapon shall cost no less that $50,000 unless sold directly to the United States government

(b) The purchase of an automated weapon shall require the buyer to be within possession of a handgun safety certificate.

(c) If the registered automated weapon is misused, the owner will face a fee of no less than $10,000

(d) If store-owners disregard the restrictions placed on the sale of automated weapons, and illegally sell an automated weapon to someone who does not meet the requirements, they will be unemployed and face a fee of no less than $20,000

(e) The sale of each automated weapon shall be registered under the name of the buyer and shall only be used by the buyer

ENACTMENT CLAUSE

This bill will become effective 125 days after it is signed into law by the President.