S. 33 — Introduced in Senate

II 113th CONGRESS 1st Session S. 33 IN THE SENATE OF THE UNITED STATES January 22 (legislative day, January 3), 2013 Mr. Lautenberg (for himself, Mr. Schumer, Mr. Durbin, Mr. Carper, Mrs. Feinstein, Mr. Reed, Mrs. Boxer, Mr. Menendez, Mr. Coons, Mr. Whitehouse, Mr. Cardin, Mr. Harkin, Mr. Levin, Mr. Blumenthal, Mr. Franken, Mr. Murphy, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes. 1. Short title This Act may be cited as the Large Capacity Ammunition Feeding Device Act of 2013. 2. Prohibition on transfer or possession of large capacity ammunition feeding devices (a) Definition Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following: (30) The term large capacity ammunition feeding device— (A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. . (b) Prohibitions Section 922 of title 18, United States Code, is amended by inserting after subsection (u) the following: (v) (1) (A) (i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device. (ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of the Large Capacity Ammunition Feeding Device Act of 2013. (B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to— (A) a manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty); (B) a transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon that retirement; or (D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. . (c) Penalties Section 924 of title 18, United States Code, is amended— (1) in subsection (a), by adding at the end the following: (8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both. ; and (2) in subsection (d)— (A) in paragraph (1)— (i) by striking Any firearm or ammunition and inserting Any firearm, ammunition, or large capacity ammunition feeding device; (ii) by striking or (k) and inserting (k), or (v); (iii) by striking or any firearm or ammunition and inserting or any firearm, ammunition, or large capacity ammunition feeding device; and (iv) by striking firearms or ammunition and inserting firearms, ammunition, or large capacity ammunition feeding devices each place the term appears; and (B) in paragraph (3)(E), by inserting 922(v), after 922(n),. (d) Identification and markings Section 923(i) of title 18, United States Code, is amended— (1) by striking Licensed importers and inserting the following: (1) Licensed importers; and (2) by adding at the end the following: (2) A large capacity ammunition feeding device manufactured by any person after the date of enactment of the Large Capacity Ammunition Feeding Device Act of 2013 shall be identified by a serial number and the date on which the device was manufactured, and such other identification as the Attorney General may by regulation prescribe. .