S. 1149 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1149 IN THE SENATE OF THE UNITED STATES June 12, 2013 Mr. Nelson (for himself and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the ban on undetectable firearms, and to extend the ban to undetectable firearm receivers and undetectable ammunition magazines. 1. Short title This Act may be cited as the Undetectable Firearms Modernization Act. 2. Findings The Congress finds that— (1) according to data from the Federal Bureau of Investigation, 8,583 of the 12,664 murders in the United States in 2011 were committed using a firearm, and more than 57 percent of the murders that occurred in New York State were perpetrated with a firearm; (2) the ability to produce a receiver for a firearm in the home would circumvent a number of laws, because the receiver is the component of the firearm that bears its serial number, as required by regulations; (3) digital manufacturing technologies, including but not limited to computer numerical control mills (CNC mills), 3-dimensional printers (3D printers), and laser cutting machines, are quickly advancing to a point where it will soon be possible to fabricate fully operational firearm components; and (4) some commercially available products that utilize digital manufacturing technologies to manufacture objects are able to manufacture these objects using materials that are unable to be detected by traditional metal detectors, and may not present an accurate image on an x-ray. 3. Reauthorization of ban on undetectable firearms Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is amended by striking 25 and inserting 35. 4. Ban extended to undetectable firearm receivers made by individuals Section 922(p) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking It shall be unlawful and all that follows and inserting It shall be unlawful—; and (B) by striking subparagraphs (A) and (B) and inserting the following: (A) for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm— (i) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or (ii) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component, except that barium sulfate or other compounds may be used in the fabrication of the component; and (B) for any person— (i) to import, sell, ship, deliver, possess, transfer, or receive any receiver for a rifle, or receiver for a handgun, manufactured by a person who is not a licensed manufacturer— (I) that is not as detectable as the Receiver Security Exemplar for a rifle or for a handgun, as the case may be, by walk-through metal detectors calibrated and operated to detect that Receiver Security Exemplar; or (II) which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the receiver, except that barium sulfate or other compounds may be used in the fabrication of the receiver; or (ii) who is not a licensed manufacturer to manufacture any receiver for a rifle, or receiver for a handgun, described in subclause (I) or (II) of clause (i). ; (2) in paragraph (2)— (A) by striking and at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ; and; and (C) by adding at the end the following: (D) the term Receiver Security Exemplar means, with respect to a rifle or a handgun, an object, to be fabricated at the direction of the Attorney General, that is— (i) constructed of, during the 12-month period beginning on the date of the enactment of this subparagraph, 3.7 ounces of material type 17–4 PH stainless steel in a shape resembling the lower receiver for a rifle or for a handgun, as the case may be; and (ii) suitable for testing and calibrating metal detectors: Provided, however, That at the close of such 12-month period, and at appropriate times thereafter the Attorney General shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of receivers for a rifle or receivers for a handgun, that were previously prohibited under this subparagraph that are as detectable as the Receiver Security Exemplar for a rifle or for a handgun, as the case may be, which contains 3.7 ounces of material type 17–4 PH stainless steel, in a shape resembling the lower receiver for a rifle or for a handgun, as the case may be, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology. ; (3) in paragraph (3)— (A) by inserting or receiver after firearm each place it appears; and (B) by inserting or receivers after firearms; (4) in each of paragraphs (4) and (5), by inserting or receiver after firearm each place it appears; and (5) in paragraph (6)— (A) by striking with respect to any firearm and inserting the following: “with respect to— (A) any firearm ; (B) by striking the period and inserting ; or; and (C) by adding at the end the following: (B) any receiver manufactured in, imported into, or possessed in the United States before the date of the enactment of the Undetectable Firearms Modernization Act. . 5. Ban extended to undetectable ammunition magazines made by individuals Section 922(p) of title 18, United States Code, as amended by section 4 of this Act, is amended— (1) in paragraph (1)— (A) by striking and at the end of subparagraph (A)(ii); (B) by striking the period at the end of subparagraph (B)(ii) and inserting ; and; and (C) by adding at the end the following: (C) for any person— (i) to import, sell, ship, deliver, possess, transfer, or receive any ammunition magazine, manufactured by a person who is not a licensed manufacturer— (I) that, after removal of the spring and follower, is not as detectable as the Magazine Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Magazine Security Exemplar; or (II) which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the magazine; or (ii) who is not a licensed manufacturer to manufacture any ammunition magazine described in subclause (I) or (II) of clause (i). ; (2) in paragraph (2)— (A) by striking and at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ; and; and (C) by adding at the end the following: (E) the term Magazine Security Exemplar means an object, to be fabricated at the direction of the Attorney General, that is— (i) constructed of, during the 12-month period beginning on the date of the enactment of this subparagraph, 1 ounce of material type 17–4 PH stainless steel in a shape resembling an ammunition magazine; and (ii) suitable for testing and calibrating metal detectors: Provided, however, That at the close of such 12-month period, and at appropriate times thereafter the Attorney General shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of ammunition magazines previously prohibited under this subparagraph that are as detectable as a Magazine Security Exemplar which contains 1 ounce of material type 17–4 PH stainless steel, in a shape resembling an ammunition magazine, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology. ; (3) in paragraph (3)— (A) by striking firearm or receiver each place it appears and inserting firearm, receiver, or ammunition magazine; and (B) by striking firearms or receivers and inserting firearms, receivers, or ammunition magazines; (4) in each of paragraphs (4) and (5), by striking firearm or receiver each place it appears and inserting firearm, receiver, or ammunition magazine; and (5) in paragraph (6)(B), by inserting or ammunition magazine after receiver.