S 32
112th CONGRESS
1st Session
S. 32
To prohibit the transfer or possession of large capacity ammunition
feeding devices, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. LAUTENBERG (for himself, Mrs. FEINSTEIN, Mr. MENENDEZ, Mrs. BOXER,
Mr. KERRY, Mr. REED, Mr. LEVIN, Mr. FRANKEN, Mr. SCHUMER, and Mr. DURBIN)
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Large Capacity Ammunition Feeding Device
Act'.
SEC. 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
that has a capacity of, or that can be readily restored or converted
to accept, more than 10 rounds of ammunition; but
`(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 such title 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 this subsection.
`(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(a) of such title is amended 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.'.
(d) Identification Markings- Section 923(i) of such title is amended
by adding at the end the following: `A large capacity ammunition feeding
device manufactured after the date of the enactment of this sentence
shall be identified by a serial number that clearly shows that the device
was manufactured after such date of enactment, and such other identification
as the Attorney General may by regulation prescribe.'.
END
