#sayyes2moreammo – The Anti’s Are At It Again: Large Capacity Ammunition Feeding Device Act

Soldier Systems Daily is one of my favorite blogs to read as he provides all sorts of information on new gear and firearms trends.   He posted the following on his site this evening:

Last week, Senator Bob Menendez (D-NJ) and Congresswoman Elizabeth Esty (D-CT) unveiled their latest attempt to harm the rights of legal gun owners. The Large Capacity Ammunition Feeding Device Act would ban the importation, sale, manufacture, transfer, or possession of magazines that hold more than 10 rounds of ammunition. Yes, this foolishness again. They were joined at a press conference by Senators Richard Blumenthal and Chris Murphy (both D-CT), House Representatives Diana DeGette (D-CO) and Ted Deutch (D-FL), House Democratic Whip Steny Hoyer (D-MD), and advocates from the Newtown Action Alliance.

They proposed use of the hashtag sayno2moreammo.

Be heard! Use #sayyes2moreammo instead.

A quick googling of “Large Capacity Ammunition Feeding Device Act” found this:

WASHINGTON D.C. –U.S. Senator Tim Kaine is joining the fight on legislation involving gun control.

A new bill called the Large Capacity Ammunition Feeding Device Act would ban the importation, sale, manufacturing or possession of magazines that hold more than 10 rounds.

“It’s clear from the tragedies at Virginia Tech, Newtown, and far too many other horrific shootings in our nation’s history that we must take action to protect our communities,” Sen. Kaine said. “I’m proud to co-sponsor this commonsense legislation to improve public safety and help prevent future tragedies.”

Oh look, the bill is nothing more than “commonsense” legislation.  Yeah, I feel better already.  It will “improve public safety” because in true “Underpants Gnomes” fashion the politicians think that criminals are going to follow another toothless law when they set out to commit mass murder.

The ban would allow exceptions for devices possessed before enactment of the bill, and for certain current and former law enforcement personnel.

The bill is co-sponsored by U.S. Sen. Bob Menendez and Congresswoman Elizabeth Esty (D-CT).


Press release from Sarah Peck, press secretary for U.S. Senator Tim Kaine:

WASHINGTON, D.C. – U.S. Senator Tim Kaine joined U.S. Senator Bob Menendez and Congresswoman Elizabeth Esty (D-CT) today to introduce the Large Capacity Ammunition Feeding Device Act, a common-sense bill that bans the importation, sale, manufacture, transfer, or possession of magazines that hold more than ten rounds of ammunition and are designed for shooting en masse.

“It’s clear from the tragedies at Virginia Tech, Newtown, and far too many other horrific shootings in our nation’s history that we must take action to protect our communities,” said Senator Kaine, who led efforts to improve Virginia’s background check system and curb incidences of gun violence and mass shootings as Governor following the Virginia Tech tragedy. “I’m proud to co-sponsor this commonsense legislation to improve public safety and help prevent future tragedies.”

The full text of the Large Capacity Ammunition Feeding Device Act can be downloaded here. In addition to prohibiting large-capacity ammunition magazines, the Act includes the below provisions:

Provides limited exceptions for devices possessed before enactment, for certain current and former law enforcement personnel, for certain Atomic Energy personnel and purpose, for tubular devices that can only accept .22 rimfire ammunition, and for certain authorized testing or experimentation;Includes important updates, previously added by late-Senator Frank R. Lautenberg, including modification of the high capacity definition to prevent coupled or joined magazines and other provisions discussed elsewhere;Authorizes a buyback programs for high capacity magazines using Byrne JAG grants;Requires devices manufactured after enactment to have conspicuous serial numbers and date of manufacture to help law enforcement identify restricted magazines;Harmonizes forfeiture provisions for magazines with current law; currently FBI and ATF can seize and destroy certain firearms but not high capacity magazines.

Mayors Against Illegal Guns found that in mass shootings from January 2009 to January 2013, 123 percent more people were shot and 54 percent more people were killed when assault weapons or large capacity magazines were used.

http://www.nbc29.com/story/28039104/sen-kaine-introduces-bill-to-ban-some-gun-magazines

This is the usual factually bereft nonsense, statistics games and junk science masquerading as a dire threat.

So let’s see what the actual bill says:

http://www.menendez.senate.gov/imo/media/doc/OLL15133.pdf

Right off the bat there’s problems:

‘‘(30) The term ‘large capacity ammunition feeding
10 device’— 2
OLL15133 S.L.C.
1 ‘‘(A) means a magazine, belt, drum, feed strip,
2 helical feeding device, or similar device, including
3 any such device joined or coupled with another in
4 any manner, that has an overall capacity of, or that
5 can be readily restored, changed, or converted to ac-
6 cept, more than 10 rounds of ammunition; and
7 ‘‘(B) does not include an attached tubular de-
8 vice designed to accept, and capable of operating
9 only with, .22 caliber rimfire ammunition.

This defines pretty much every rifle & shotgun with the exception of fixed tubular mag .22LR as a “large capacity ammunition feeding device” because of the key phrase: “that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition”

Think your Remington 870 is exempt? Nope:

http://www.rem870.com/2009/08/06/how-to-install-remington-870-magazine-extension-and-remove-dimples-in-magazine-tube/

The fact that it can be readily changed or converted to accept more than 10 rounds of ammunition means it’s a “large capacity ammunition feeding device” whether it arrived from the factory with a 3 or 5 round capacity or not.

Your Remington 700 hunting rifle isn’t exempt either: http://www.cabelas.com/product/Kwik-Klip-Remington-Model-Clip-Conversion-Kit/741478.uts

Anything with any sort of magazine that can be aftermarket modified is going to be effected.

The bill goes on to say that existing “large capacity ammunition feeding devices” already in private hands prior to the law’s passage will be exempted, but

17 ‘‘(v)(1) It shall be unlawful for a person to import,
18 sell, manufacture, transfer, or possess, in or affecting
19 interstate or foreign commerce, a large capacity ammuni-
20 tion feeding device.

The “in or affecting interstate or foreign commerce” portion should be especially worrisome to anyone familiar with how gun control laws have been prosecuted.

Realistically this bill is probably DOA given the Republican control of Congress but it just goes to show that the anti-gun lobby never quits.

I’m interested in seeing what Volokh has to say about this.

 

 

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