S. 2813 — Introduced in Senate

II 119th CONGRESS 1st Session S. 2813 IN THE SENATE OF THE UNITED STATES September 16, 2025Mr. Risch (for himself, Mr. Cotton, Mr. Crapo, Mrs. Hyde-Smith, Mr. Justice, Ms. Lummis, Mr. Mullin, Mr. Tillis, and Mr. Budd) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to prohibit capacity-based restrictions on firearm magazines, and for other purposes. 1. Short title This Act may be cited as the Freedom from Improper Regulation and Enforcement Act or the FIRE Act. 2. Prohibitions relating to capacity-based restrictions on firearm magazines (a) Federal restrictions Section 926 of title 18, United States Code, is amended by adding at the end the following: (d) Capacity-Based restrictions on firearm magazines An officer or employee of the Federal Government may not prescribe or enforce any regulation that imposes any limitation or prohibition in relation to a firearm magazine based on the capacity of the magazine. . (b) State and local restrictions Section 927 of title 18, United States Code, is amended— (1) by inserting (a) In general.— before No; and (2) by adding at the end the following: (b) Capacity-Based restrictions on firearm magazines A State or local law that imposes any limitation, prohibition, or penalty in relation to a firearm magazine based on the capacity of the magazine shall have no force or effect. . (c) Firearm magazine defined Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (39) (A) The term firearm magazine means a fixed or detachable device used to store ammunition and feed ammunition into a firearm. (B) The term capacity means, with respect to a firearm magazine, the number of rounds of ammunition that can be stored in the magazine. . (d) Effective date The amendments made by this section shall apply with respect to conduct engaged in on or after the date that is 30 days after the date of enactment of this Act.