,,ii #aaith ,,congress #b;d ,session ,s4 #djae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjbf,ms4 ,warren 7for herself1 ,mr4 ,kim1 ,mr4 ,durbin1 ,mr4 ,van ,hollen1 ,mr4 ,markey1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to restrict the sale and procurement of certain weapons and ammunition by the ,department of ,defense1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,militarizing ,our ,streets ,act of #bjbf4 #b4 ,restriction on sales and procurement by ,department of ,defense of certain weapons and ammunition 7a7 ,restriction 7#a7 ,in general ,chapter #gfc of title #aj1 ,united ,states ,code1 is amended by inserting after section #gedd the following3 #gede4 ,restriction on sales and procurement of certain weapons and ammunition 7a7 ,prohibitions relating to certain highly dangerous military-,grade weapons and ammunition 7#a7 ,sales in commercial marketplace ,the ,secretary of ,defense or a private operator of a government-owned plant may not sell to any dealer1 directly or through a private contractor1 in the commercial marketplace-- 7,a7 any military-grade assault weapon2 or 7,b7 any covered ammunition4 7#b7 ,procurement ,the ,secretary of ,defense may not procure any item from a dealer or manufacturer of firearms or ammunition that sells a military-grade assault weapon or covered ammunition in the commercial marketplace4 7b7 ,limitations ,relating to other weapons and ammunition 7#a7 ,applicability ,the provisions of this subsection shall apply to all firearms and ammunition1 other than military-grade assault weapons and covered ammunition4 7#b7 ,sales in commercial marketplace ,the ,secretary of ,defense or a private operator of a government-owned plant may not sell any firearm or ammunition to any dealer in the commercial marketplace that fails to meet the requirements described in paragraph 7#d74 7#c7 ,procurement ,the ,secretary of ,defense may not procure any item from a dealer or private manufacturer of firearms or ammunition that sells firearms or ammunition in the commercial marketplace if the dealer or private manufacturer-- 7,a7 directly sells firearms or ammunition to individual purchasers in the commercial marketplace and fails to meet the requirements described in paragraph 7#d72 or 7,b7 sells any firearm or ammunition to any dealer in the commercial marketplace that fails to meets the requirements described in paragraph 7#d74 7#d7 ,requirements ,the requirements described in this paragraph for any dealer of firearms or ammunition are the following3 7,a7 ,the dealer must-- 7i7 with respect to a dealer of firearms1 have a license under chapter #dd of title #ah2 7ii7 with respect to a dealer of ammunition1 have a license under subsection 7d77#a72 and 7iii7 comply with all requirements under ,federal law for licensees under chapter #dd of title #ah4 7,b7 ,in each of the previous #c calendar years1 the ,attorney ,general has traced not more than #bd firearms used in crimes back to the dealer with a time to crime of less than #c years4 7,c7 ,with respect to a dealer that sells ammunition1 during any #cj-;day period1 the dealer may not transfer to the same individual purchaser-- 7i7 more than #ejj rounds of covered ammunition2 or 7ii7 more than #a1jjj rounds of other ammunition4 7,d7 ,the dealer must agree to a minimum code of conduct that includes the following3 7i7 ,a refusal to transfer a firearm or ammunition until the ,,nics background check system has verified that the transfer is not prohibited4 7ii7 ,the implementation of a security system1 including adequate locks1 exterior lighting1 surveillance cameras1 alarm systems1 and other anti-theft measures and practices that the ,attorney ,general may through regulations prescribe4 7iii7 ,a refusal to sell firearms in any marketplace1 including online or at a gun show1 unless the marketplace requires every firearm seller to complete a ,,nics background check on prospective firearm purchasers4 7iv7 ,a refusal to transfer firearms or ammunition to any person that exhibits signs of alcohol or drug intoxication or cognitive or mental instability 7as those terms are defined by the ,attorney ,general1 in coordination with the ,secretary of ,health and ,human ,services74 7v7 ,a refusal to transfer a firearm or ammunition to any person the dealer knows or has reason to believe poses a danger to that person or others4 7vi7 ,with respect to firearms1 the implementation and maintenance of a remotely searchable electronic record of-- 7,i7 the make1 model1 caliber or gauge1 and serial number of every firearm in the inventory of the dealer2 and 7,,ii7 the performance of quarterly inventory checks4 7,e7 ,with respect to ammunition1 the dealer must implement and maintain a remotely searchable electronic record of-- 7i7 importation2 7ii7 production2 7iii7 shipment2 7iv7 receipt2 7v7 sale2 and 7vi7 any other disposition of ammunition at the place of business of the dealer for such period1 and in such form1 as the ,attorney ,general may by regulations prescribe4 7,f7 ,the dealer must implement a mandatory training course developed by the ,attorney ,general1 in coordination with the ,secretary of ,health and ,human ,services1 where appropriate-- 7i7 which1 with respect to each employee of the dealer authorized to engage in the transfer of firearms or ammunition in the course of the business-- 7,i7 an employee as of the date of enactment of this section completes not later than #ij days after the date of enactment of this section2 and 7,,ii7 an employee hired after the date of enactment of this section complete not later than #cj days after the date on which the employee is hired2 and 7ii7 that trains employees on-- 7,i7 how to recognize and identify-- 7aa7 straw purchasers2 and 7bb7 any other fraudulent activity described in chapter #dd of title #ah1 ,united ,states ,code2 7,,ii7 indicators that a person is attempting to purchase a firearm or ammunition illegally2 7,,iii7 how to recognize and identify indicators that an individual intends to use a firearm for unlawful purposes2 7,,iv7 how to recognize and identify indicators that an individual intends to use a firearm for self-harm2 7,v7 how to prevent theft or burglary of firearms and ammunition2 7,,vi7 how to respond in the circumstances described in subclauses 7,i7 through 7,v7 and the applicable reporting requirements2 7,,vii7 how to verify the age of a purchaser of a firearm or ammunition2 7,,viii7 with respect to a dealer of ammunition1 how to detect whether a single purchaser has reached the applicable ammunition purchase limit to prevent a violation of subparagraph 7,c72 and 7,,ix7 other reasonable business practices that the ,attorney ,general determines will deter firearm trafficking or deter the provision of a firearm to an individual who indicates an intent to use a firearm for unlawful purposes or for self-harm4 7,g7 ,not later than #cj days after the date on which the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives releases to the dealer results of any compliance inspection conducted by the ,bureau1 the dealer must report the results of the inspection to any manufacturer or wholesaler dealer from which the dealer obtains firearms or ammunition4 7,h7 ,the dealer does not maintain financial ties valued at more than #a1jjj1jjj annually with an entity that-- 7i7 during the #e-year period preceding the date of a sale or procurement described in paragraph 7#b7 or 7#c71 separated from the dealer through a spin-off transaction2 and 7ii7 does not comply with the requirements of this paragraph4 7#e7 ,inspection results ,with respect to an inspection of a dealer described in paragraph 7#d77;,g71 not later than #cj days after the date of the inspection1 the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms and ,explosives shall send to the ,department of ,defense a copy of the report4 7#f7 ,regulations ,the ,attorney ,general may promulgate necessary regulations to implement the requirements of this subsection4 7#g7 ,interdepartment coordination ,the ,attorney ,general1 in coordination with the ,secretary of ,defense1 shall monitor compliance with paragraph 7#d7 by dealers4 7#h7 ,penalty ,a dealer that violates paragraph 7#d7 may not participate in a sale or purchase described in paragraph 7#b7 or 7#c74 7#i7 ,data sharing ,notwithstanding any other law1 the ,attorney ,general may share crime gun trace data with the ,department of ,defense as necessary to carry out this section4 7c7 ,reporting requirements 7#a7 ,government-owned plant report ,not less frequently than annually1 each government-owned plant that produces any ammunition or firearms that are commercially sold shall submit to ,congress a report that includes1 for the year covered by the report-- 7,a7 the number of customers of the plant for ammunition or firearms in the commercial marketplace1 disaggregated by the ,state in which the customer is located2 7,b7 the revenue of the plant from sales of ammunition or firearms in the commercial marketplace2 7,c7 the amount of ammunition or firearms sold by the plant in the commercial marketplace2 7,d7 an operational plan for avoiding any diversion of firearms or ammunition into the illegal market or to customers not authorized for purchase under this section2 and 7,e7 steps taken to implement the plan described in subparagraph 7,d74 7#b7 ,department of ,defense report ,not less frequently than annually1 the ,secretary of ,defense shall submit to ,congress a report containing the following3 7,a7 ,a list of manufacturers and dealers from which the ,secretary procures firearms that also sell firearms in the commercial market4 7,b7 ,a list of the types of firearms those dealers sell in the commercial market4 7,c7 ,the amount of money the ,secretary pays to those dealers for firearms each year4 7d7 ,licenses for dealing ammunition 7#a7 ,in general ,the ,attorney ,general shall make licenses available to dealers of ammunition1 who may apply for such licenses for the purpose of subsection 7b77#d77;,a77ii7 to be eligible to make the sales or purchases described in paragraph 7#b7 or 7#c7 of subsection 7b74 7#b7 ,requirements ,in making licenses available in accordance with paragraph 7#a71 the ,attorney ,general shall apply in a substantially similar manner the requirements under chapter #dd of title #ah for licenses of dealers of firearms to dealers of ammunition4 7#c7 ,,nics system 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,stop ,militarizing ,our ,streets ,act of #bjbf1 the ,attorney ,general shall authorize a dealer of ammunition licensed in accordance with paragraph 7#a7 to access and use the ,,nics background check system in accordance with laws applicable to the use of the ,,nics background check system4 7,b7 ,authorization ,a dealer of ammunition authorized under subparagraph 7,a7 may use the ,,nics background check system for the purpose of subsection 7b77#d77;,d7 to be eligible to make the sales or purchases described in paragraph 7#b7 or 7#c7 of subsection 7b74 7,c7 ,ammunition background checks ,a dealer of ammunition licensed in accordance with paragraph 7#a7 may perform a ,,nics background check on an individual purchasing ammunition from the dealer4 7e7 ,regulations ,the ,attorney ,general shall promulgate a rule with requirements for dealers to comply with the recordkeeping requirement described in subsection 7b77#d77;,e74 7f7 ,definitions ,in this section3 7#a7 ,ammunition2 firearm2 manufacturer ,the terms ammunition1 firearm1 and manufacturer have the meaning given those terms in section #iba7;a7 of title #ah4 7#b7 ,covered ammunition ,the term covered ammunition-- 7,a7 means ammunition that is larger than 4#bb caliber2 and 7,b7 includes 4#bbc ,remington ammunition and #g4fb ,north ,atlantic ,treaty ,organization ammunition4 7#c7 ,dealer ,the term dealer-- 7,a7 has the meaning given the term in section #iba of title #ah2 and 7,b7 includes any person engaged in the business of selling ammunition at wholesale or retail1 including an unlicensed private vendor of ammunition4 7#d7 ,financial ties ,the term financial ties-- 7,a7 has the meaning given the term by the ,secretary of ,defense in a regulation2 and 7,b7 includes a revenue sharing agreement or a transfer of assets through a purchase or sale transaction4 7#e7 ,gas-operated ,the term gas-operated1 with respect to a firearm1 means that the firearm harnesses or traps a portion of the high-pressure gas from a fired cartridge to cycle the action using-- 7,a7 a long stroke piston1 in which gas is vented from the barrel to a piston that is mechanically fixed to the bolt group and moves to cycle the action2 7,b7 a short stroke piston1 in which gas is vented from the barrel to a piston that moves separately from the bolt group so that the energy is imparted through a gas piston to cycle the action2 7,c7 a system that traps and vents gas from the barrel or the chamber to directly strike or impinge the bolt1 bolt carrier1 or slide assembly to unlock and cycle the action2 7,d7 a hybrid system that combines elements of a system described in subparagraph 7,c7 with a system described in subparagraph 7,a7 or 7,b7 to capture gas vented from the barrel to cycle the action2 or 7,e7 a blowback-operated system that directly uses the expanding gases of the ignited propellant powder acting on the cartridge case to drive the breechblock or breech bolt rearward4 7#f7 ,government-owned plant ,the term government-owned plant means a facility owned by the ,federal ,government that produces firearms or ammunition4 7#g7 ,gun show ,the term gun show means a gun show or an event described in section #dgh4ajj7;b7 of title #bg1 ,code of ,federal ,regulations1 or any successor regulation4 7#h7 ,large-capacity ammunition feeding device ,the term large-capacity ammunition feeding device-- 7,a7 means a magazine1 belt1 drum1 feed strip1 or similar device1 including any such device joined or coupled with another in any manner1 that has an overall capacity of1 or that can be readily restored1 changed1 or converted to accept1 more than #aj rounds of ammunition2 and 7,b7 does not include an attached tubular device designed to accept1 and capable of operating only with1 4#bb caliber rimfire ammunition4 7#i7 ,military-grade assault weapon ,the term military-grade assault weapon means a firearm that-- 7,a7 is semi-automatic2 7,b7 is-- 7i7 gas-operated or has been modified to operate as a gas-operated firearm2 7ii7 recoil-operated or has been modified to operate as a recoil-operated firearm1 except for recoil-operated handguns2 or 7iii7 designed and functions1 or can be readily modified1 to materially increase the rate of fire of the firearm2 and 7,c7 has-- 7i7 a fixed ammunition feeding device with the capacity to accept more than #aj rounds of ammunition2 or 7ii7 the capacity to accept a large-capacity ammunition feeding device4 7#aj7 ,,nics background check ,the term ,,nics background check means a background check through the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija74 7#aa7 ,recoil-operated ,the term recoil-operated with respect to a firearm1 means that the firearm uses the recoil force to unlock the breech bolt and complete the cycle of extracting1 ejecting1 and reloading4 7#ab7 ,semi-automatic ,the term semi-automatic1 with respect to a firearm1 means any repeating firearm1 other than a machine gun1 that-- 7,a7 uses a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or fired shell casing and chamber the next round2 and 7,b7 requires a separate pull1 release1 push1 or other method of initiation of the trigger to fire each cartridge or shell4 7#ac7 ,spin-off transaction ,the term spin-off transaction means a transaction that separates a division or line of business from a parent company of an entity4 7#ad7 ,straw purchase ,the term straw purchase-- 7,a7 with respect to a firearm1 means a purchase described in section #icb7;b7 of title #ah2 and 7,b7 with respect to ammunition1 means a purchase described in #icb7;b7 of title #ah1 except that1 for the purpose of this subparagraph1 any reference in that section to firearm shall be deemed to be a reference to ammunition4 7#ae7 ,time to crime ,the term time to crime means the period of time between the retail sale of a firearm and the recovery of the firearm by a law enforcement agency as a result of the use or suspected use of the firearm in a crime4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #gedd the following new item3 #gede4 ,restriction on sales and procurement of certain weapons and ammunition4 4 7b7 ,conforming amendments 7#a7 ,cooperative activities with non-,army entities ,section #gedd7;c7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#e7 ,the non-,army entity abides by the commercial sale restrictions set forth in section #gede of this title4 4 7#b7 ,policy ,section #geeb of such title is amended1 in the matter preceding paragraph 7#a71 by striking ,it and inserting ,subject to the restrictions set forth under section #gede of this title1 it4 7#c7 ,armament ,retooling and ,manufacturing ,support ,initiative ,section #geec7;b7 of such title is amended1 in the matter preceding paragraph 7#a71 by striking ,the and inserting ,subject to the restrictions set forth under section #gede of this title1 the4 7c7 ,authorization of appropriations for increased ,,nics funding ,there are authorized to be appropriated to the ,attorney ,general such sums as are necessary to carry out the amendments made by this section1 including to upgrade and maintain the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija74