117th CONGRESS 1st Session |
To regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes.
March 11, 2021
Mr. Cicilline (for himself, Ms. Adams, Mr. Aguilar, Mr. Allred, Mr. Auchincloss, Mrs. Axne, Ms. Barragán, Ms. Bass, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Bowman, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Mr. Butterfield, Mr. Carbajal, Mr. Cárdenas, Mr. Carson, Mr. Cartwright, Mr. Case, Mr. Casten, Ms. Castor of Florida, Mr. Castro of Texas, Ms. Chu, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Correa, Mr. Costa, Mr. Courtney, Ms. Craig, Mr. Crist, Mr. Crow, Mr. Danny K. Davis of Illinois, Ms. Dean, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. Delgado, Mrs. Demings, Mr. DeSaulnier, Mr. Deutch, Mrs. Dingell, Mr. Doggett, Mr. Michael F. Doyle of Pennsylvania, Ms. Escobar, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mrs. Fletcher, Mr. Foster, Ms. Lois Frankel of Florida, Mr. Gallego, Mr. Garamendi, Mr. García of Illinois, Ms. Garcia of Texas, Mr. Gomez, Mr. Green of Texas, Mr. Grijalva, Mr. Hastings, Mrs. Hayes, Mr. Higgins of New York, Mr. Himes, Mr. Horsford, Ms. Houlahan, Mr. Hoyer, Mr. Huffman, Ms. Jackson Lee, Ms. Jacobs of California, Ms. Jayapal, Mr. Jeffries, Ms. Johnson of Texas, Mr. Johnson of Georgia, Mr. Jones, Ms. Kaptur, Mr. Keating, Ms. Kelly of Illinois, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms. Kuster, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. Lawrence, Mr. Lawson of Florida, Ms. Lee of California, Mrs. Lee of Nevada, Ms. Leger Fernandez, Mr. Levin of Michigan, Mr. Levin of California, Mr. Lieu, Ms. Lofgren, Mr. Lowenthal, Mr. Lynch, Mr. Malinowski, Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New York, Ms. Manning, Ms. Matsui, Mrs. McBath, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Meng, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Mr. Mrvan, Mrs. Murphy of Florida, Mr. Nadler, Mrs. Napolitano, Mr. Neal, Mr. Neguse, Ms. Newman, Mr. Norcross, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Pascrell, Mr. Payne, Mr. Perlmutter, Mr. Peters, Mr. Phillips, Ms. Pingree, Mr. Pocan, Ms. Porter, Ms. Pressley, Mr. Price of North Carolina, Mr. Quigley, Mr. Raskin, Miss Rice of New York, Ms. Ross, Ms. Roybal-Allard, Mr. Ruiz, Mr. Ruppersberger, Mr. Rush, Mr. Ryan, Mr. Sablan, Ms. Sánchez, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Mr. Schneider, Ms. Schrier, Mr. Scott of Virginia, Ms. Sewell, Mr. Sherman, Ms. Sherrill, Mr. Sires, Mr. Smith of Washington, Mr. Soto, Ms. Speier, Mr. Stanton, Ms. Stevens, Ms. Strickland, Mr. Suozzi, Mr. Swalwell, Mr. Takano, Mr. Thompson of Mississippi, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Torres of California, Mr. Torres of New York, Mrs. Trahan, Mr. Trone, Ms. Underwood, Mr. Vargas, Mr. Veasey, Ms. Velázquez, Ms. Wasserman Schultz, Ms. Waters, Mrs. Watson Coleman, Mr. Welch, Ms. Wexton, Ms. Wild, Ms. Williams of Georgia, Ms. Wilson of Florida, and Mr. Yarmuth) introduced the following bill; which was referred to the Committee on the Judiciary
To regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Assault Weapons Ban of 2021”.
(a) In general.—Section 921(a) of title 18, United States Code, is amended—
(1) by inserting after paragraph (29) the following:
“(30) The term ‘semiautomatic pistol’ means any repeating pistol that—
“(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and
“(B) requires a separate pull of the trigger to fire each cartridge.
“(31) The term ‘semiautomatic shotgun’ means any repeating shotgun that—
“(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and
“(B) requires a separate pull of the trigger to fire each cartridge.”; and
(2) by adding at the end the following:
“(36) The term ‘semiautomatic assault weapon’ means any of the following, regardless of country of manufacture or caliber of ammunition accepted:
“(A) A semiautomatic rifle that—
“(i) has a magazine that is not a fixed magazine; and
“(ii) does have any 1 of the following:
“(I) A pistol grip.
“(II) A forward grip.
“(III) A folding, telescoping, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon.
“(IV) A grenade launcher.
“(V) A barrel shroud.
“(VI) A threaded barrel.
“(B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.
“(C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic firearm but not convert the semiautomatic firearm into a machinegun.
“(D) A semiautomatic pistol that—
“(i) has a magazine that is not a fixed magazine; and
“(ii) does have any 1 of the following:
“(I) A threaded barrel.
“(II) A second pistol grip.
“(III) A barrel shroud.
“(IV) The capacity to accept a detachable magazine at some location outside of the pistol grip.
“(V) A semiautomatic version of an automatic firearm.
“(VI) A manufactured weight of 50 ounces or more when unloaded.
“(VII) A stabilizing brace or similar component.
“(E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds.
“(F) A semiautomatic shotgun that—
“(i) has the capacity to utilize a magazine that is not a fixed magazine; and
“(ii) does have any 1 of the following:
“(I) A folding, telescoping, or detachable stock.
“(II) A pistol grip or bird's head grip.
“(III) A fixed magazine with the capacity to accept more than 5 rounds.
“(IV) The ability to accept a detachable magazine.
“(V) A forward grip.
“(VI) A grenade launcher.
“(G) Any shotgun with a revolving cylinder.
“(H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
“(i) All AK types, including the following:
“(I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM.
“(II) IZHMASH Saiga AK.
“(III) MAADI AK47 and ARM.
“(IV) Norinco 56S, 56S2, 84S, and 86S.
“(V) Poly Technologies AK47 and AKS.
“(VI) SKS with a detachable magazine.
“(ii) All AR types, including the following:
“(I) AR–10.
“(II) AR–15.
“(III) Alexander Arms Overmatch Plus 16.
“(IV) Armalite M15 22LR Carbine.
“(V) Armalite M15–T.
“(VI) Barrett REC7.
“(VII) Beretta AR–70.
“(VIII) Black Rain Ordnance Recon Scout.
“(IX) Bushmaster ACR.
“(X) Bushmaster Carbon 15.
“(XI) Bushmaster MOE series.
“(XII) Bushmaster XM15.
“(XIII) Chiappa Firearms MFour rifles.
“(XIV) Colt Match Target rifles.
“(XV) CORE Rifle Systems CORE15 rifles.
“(XVI) Daniel Defense M4A1 rifles.
“(XVII) Devil Dog Arms 15 Series rifles.
“(XVIII) Diamondback DB15 rifles.
“(XIX) DoubleStar AR rifles.
“(XX) DPMS Tactical rifles.
“(XXI) DSA Inc. ZM–4 Carbine.
“(XXII) Heckler & Koch MR556.
“(XXIII) High Standard HSA–15 rifles.
“(XXIV) Jesse James Nomad AR–15 rifle.
“(XXV) Knight’s Armament SR–15.
“(XXVI) Lancer L15 rifles.
“(XXVII) MGI Hydra Series rifles.
“(XXVIII) Mossberg MMR Tactical rifles.
“(XXIX) Noreen Firearms BN 36 rifle.
“(XXX) Olympic Arms.
“(XXXI) POF USA P415.
“(XXXII) Precision Firearms AR rifles.
“(XXXIII) Remington R–15 rifles.
“(XXXIV) Rhino Arms AR rifles.
“(XXXV) Rock River Arms LAR–15.
“(XXXVI) Sig Sauer SIG516 rifles and MCX rifles.
“(XXXVII) Smith & Wesson M&P15 rifles.
“(XXXVIII) Stag Arms AR rifles.
“(XXXIX) Sturm, Ruger & Co. SR556 and AR–556 rifles.
“(XL) Uselton Arms Air-Lite M–4 rifles.
“(XLI) Windham Weaponry AR rifles.
“(XLII) WMD Guns Big Beast.
“(XLIII) Yankee Hill Machine Company, Inc. YHM–15 rifles.
“(iii) Barrett M107A1.
“(iv) Barrett M82A1.
“(v) Beretta CX4 Storm.
“(vi) Calico Liberty Series.
“(vii) CETME Sporter.
“(viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C.
“(ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
“(x) Feather Industries AT–9.
“(xi) Galil Model AR and Model ARM.
“(xii) Hi-Point Carbine.
“(xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC.
“(xiv) IWI TAVOR, Galil ACE rifle.
“(xv) Kel-Tec Sub-2000, SU–16, and RFB.
“(xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX.
“(xvii) Springfield Armory SAR–48.
“(xviii) Steyr AUG.
“(xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF.
“(xx) All Thompson rifles, including the following:
“(I) Thompson M1SB.
“(II) Thompson T1100D.
“(III) Thompson T150D.
“(IV) Thompson T1B.
“(V) Thompson T1B100D.
“(VI) Thompson T1B50D.
“(VII) Thompson T1BSB.
“(VIII) Thompson T1–C.
“(IX) Thompson T1D.
“(X) Thompson T1SB.
“(XI) Thompson T5.
“(XII) Thompson T5100D.
“(XIII) Thompson TM1.
“(XIV) Thompson TM1C.
“(xxi) UMAREX UZI rifle.
“(xxii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine.
“(xxiii) Valmet M62S, M71S, and M78.
“(xxiv) Vector Arms UZI Type.
“(xxv) Weaver Arms Nighthawk.
“(xxvi) Wilkinson Arms Linda Carbine.
“(I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
“(i) All AK types, including the following:
“(I) Centurion 39 AK pistol.
“(II) CZ Scorpion pistol.
“(III) Draco AK–47 pistol.
“(IV) HCR AK–47 pistol.
“(V) IO Inc. Hellpup AK–47 pistol.
“(VI) Krinkov pistol.
“(VII) Mini Draco AK–47 pistol.
“(VIII) PAP M92 pistol.
“(IX) Yugo Krebs Krink pistol.
“(ii) All AR types, including the following:
“(I) American Spirit AR–15 pistol.
“(II) Bushmaster Carbon 15 pistol.
“(III) Chiappa Firearms M4 Pistol GEN II.
“(IV) CORE Rifle Systems CORE15 Roscoe pistol.
“(V) Daniel Defense MK18 pistol.
“(VI) DoubleStar Corporation AR pistol.
“(VII) DPMS AR–15 pistol.
“(VIII) Jesse James Nomad AR–15 pistol.
“(IX) Olympic Arms AR–15 pistol.
“(X) Osprey Armament MK–18 pistol.
“(XI) POF USA AR pistols.
“(XII) Rock River Arms LAR 15 pistol.
“(XIII) Uselton Arms Air-Lite M–4 pistol.
“(iii) Calico pistols.
“(iv) DSA SA58 PKP FAL pistol.
“(v) Encom MP–9 and MP–45.
“(vi) Heckler & Koch model SP–89 pistol.
“(vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9.
“(viii) IWI Galil Ace pistol, UZI PRO pistol.
“(ix) Kel-Tec PLR 16 pistol.
“(x) All MAC types, including the following:
“(I) MAC–10.
“(II) MAC–11.
“(III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol.
“(IV) Military Armament Corp. Ingram M–11.
“(V) Velocity Arms VMAC.
“(xi) Sig Sauer P556 pistol.
“(xii) Sites Spectre.
“(xiii) All Thompson types, including the following:
“(I) Thompson TA510D.
“(II) Thompson TA5.
“(xiv) All UZI types, including Micro-UZI.
“(J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof:
“(i) DERYA Anakon MC–1980, Anakon SD12.
“(ii) Doruk Lethal shotguns.
“(iii) Franchi LAW–12 and SPAS 12.
“(iv) All IZHMASH Saiga 12 types, including the following:
“(I) IZHMASH Saiga 12.
“(II) IZHMASH Saiga 12S.
“(III) IZHMASH Saiga 12S EXP–01.
“(IV) IZHMASH Saiga 12K.
“(V) IZHMASH Saiga 12K–030.
“(VI) IZHMASH Saiga 12K–040 Taktika.
“(v) Streetsweeper.
“(vi) Striker 12.
“(K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495.
“(L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled.
“(M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K).
“(37) 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 an overall capacity of, or that can be readily restored, changed, 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) Related definitions.—Section 921(a) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following:
“(38) The term ‘barrel shroud’—
“(A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and
“(i) a slide that partially or completely encloses the barrel; or
“(ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel.
“(39) The term ‘detachable magazine’ means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action.
“(40) The term ‘fixed magazine’ means an ammunition feeding device that is contained in and not removable from or permanently fixed to the firearm.
“(41) The term ‘folding, telescoping, or detachable stock’ means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm.
“(42) The term ‘forward grip’ means a grip located forward of the trigger that functions as a pistol grip.
“(43) The term ‘grenade launcher’ means an attachment for use on a firearm that is designed to propel a grenade or other similar destructive device.
“(44) The term ‘permanently inoperable’ means a firearm which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition.
“(45) The term ‘pistol grip’ means a grip, a thumbhole stock or Thordsen-type grip or stock, or any other characteristic that can function as a grip.
“(46) The term ‘threaded barrel’ means a feature or characteristic that is designed in such a manner to allow for the attachment of a device such as a firearm silencer or a flash suppressor.
“(47) The term ‘qualified law enforcement officer’ has the meaning given the term in section 926B.
“(48) The term ‘grandfathered semiautomatic assault weapon’ means any semiautomatic assault weapon the importation, possession, sale, or transfer of which would be unlawful under section 922(v) but for the exception under paragraph (2) of such section.
“(49) The term ‘belt-fed semiautomatic firearm’ means any repeating firearm that—
“(A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round;
“(B) requires a separate pull of the trigger to fire each cartridge; and
“(C) has the capacity to accept a belt ammunition feeding device.”.
SEC. 3. Restrictions on assault weapons and large capacity ammunition feeding devices.
(a) In general.—Section 922 of title 18, United States Code, is amended—
(1) by inserting after subsection (u) the following:
“(v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon.
“(2) Paragraph (1) shall not apply to the possession, sale, or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of the Assault Weapons Ban of 2021.
“(3) Paragraph (1) shall not apply to any firearm that—
“(A) is manually operated by bolt, pump, lever, or slide action;
“(B) has been rendered permanently inoperable; or
“(C) is an antique firearm, as defined in section 921 of this title.
“(4) Paragraph (1) shall not apply to—
“(A) the importation for, manufacture for, sale to, 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 sale or transfer to or possession by a qualified law enforcement officer employed 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, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty);
“(B) the importation for, or sale or 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 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 in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon—
“(i) sold or transferred to the individual by the agency upon such retirement; or
“(ii) that the individual purchased, or otherwise obtained, for official use before such retirement;
“(D) the importation, sale, manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General; or
“(E) the importation, sale, manufacture, transfer, or possession of a firearm specified in Appendix A to this section, as such firearm was manufactured on the date of introduction of the Assault Weapons Ban of 2021.
“(5) For purposes of paragraph (4)(A), the term ‘campus law enforcement officer’ means an individual who is—
“(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
“(B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;
“(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and
“(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.
“(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and, if available, date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit a copy of the record established under this paragraph to the Congress and make the record available to the general public.
“(w) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device.
“(2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Assault Weapons Ban of 2021.
“(3) Paragraph (1) shall not apply to—
“(A) the importation for, manufacture for, sale to, 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 sale or transfer to or possession by a qualified law enforcement officer employed 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 for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty);
“(B) the importation for, or sale or 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 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 in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device—
“(i) sold or transferred to the individual by the agency upon such retirement; or
“(ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or
“(D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.
“(4) For purposes of paragraph (3)(A), the term ‘campus law enforcement officer’ means an individual who is—
“(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
“(B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes;
“(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and
“(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.”; and
(2) by adding at the end the following:
“(aa) Secure storage or safety device requirement for grandfathered semiautomatic assault weapons.—It shall be unlawful for any person, other than a licensed importer, licensed manufacturer, or licensed dealer, to store or keep under the dominion or control of that person any grandfathered semiautomatic assault weapon that the person knows, or has reasonable cause to believe, will be accessible to an individual prohibited from receiving or possessing a firearm under subsection (g), (n), or (x), or any provision of State law, unless the grandfathered semiautomatic assault weapon is—
“(1) carried on the person, or within such close proximity that the person can readily retrieve and use the grandfathered semiautomatic assault weapon as if the grandfathered semiautomatic assault weapon were carried on the person; or
“(2) locked by a secure gun storage or safety device that the prohibited individual has no ability to access.”.
(b) Identification markings for semiautomatic assault weapons.—Section 923(i) of title 18, United States Code, is amended by adding at the end the following: “The serial number of any semiautomatic assault weapon manufactured after the date of enactment of the Assault Weapons Ban of 2021 shall clearly show the date on which the weapon was manufactured or made, legibly and conspicuously engraved or cast on the weapon, and such other identification as the Attorney General shall by regulations prescribe.”.
(c) Identification markings for large capacity ammunition feeding devices.—Section 923(i) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following: “A large capacity ammunition feeding device manufactured after the date of enactment of the Assault Weapons Ban of 2021 shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe.”.
(d) Seizure and forfeiture of large capacity ammunition feeding devices.—Subsection (d) of section 924 of title 18, United States Code, is amended—
(A) by inserting “or large capacity ammunition feeding device” after “firearm or ammunition” each time it appears;
(B) by inserting “or large capacity ammunition feeding device” after “firearms or ammunition” each time it appears; and
(C) by striking “or (k)” and inserting “(k), (r), (v), or (w)”;
(A) in subparagraph (C), by inserting “or large capacity ammunition feeding devices” after “firearms or quantities of ammunition”; and
(A) in subparagraph (E), by inserting “922(r), 922(v), 922(w),” after “922(n),”.
(e) Appendix A.—Section 922 of title 18, United States Code, is amended by adding at the end the following:
APPENDIX A—FIREARMS EXEMPTED BY THE ASSAULT WEAPONS BAN OF 2017
Centerfire Rifles—autoloaders
Centerfire Rifles—lever & Slide
Centerfire Rifles—bolt Action
Centerfire Rifles—single Shot
Drillings, Combination Guns, Double Rifles
Rimfire Rifles—autoloaders
Rimfire Rifles—lever & Slide Action
Rimfire Rifles—bolt Actions & Single Shots
Competition Rifles—centerfire & Rimfire
Shotguns—autoloaders
Shotguns—slide Actions
Shotguns—over/unders
Shotguns—side By Sides
Shotguns—bolt Actions & Single Shots
Section 924(a)(1)(B) of title 18, United States Code, is amended by striking “or (q) of section 922” and inserting “(q), (r), (v), (w), or (aa) of section 922”.
SEC. 5. Background checks for transfers of grandfathered semiautomatic assault weapons.
(a) In general.—Section 922 of title 18, United States Code, as amended by this Act, is amended—
(1) by repealing subsection (s);
(2) by redesignating subsection (t) as subsection (s);
(3) in subsection (s), as redesignated—
(A) in paragraph (3)(C)(ii), by striking “(as defined in subsection (s)(8))”; and
(B) by adding at the end the following:
“(7) In this subsection, the term ‘chief law enforcement officer’ means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.”; and
(4) by inserting after subsection (s), as redesignated, the following:
“(t) (1) Beginning on the date that is 90 days after the date of enactment of the Assault Weapons Ban of 2021, it shall be unlawful for any person who is not licensed under this chapter to transfer a grandfathered semiautomatic assault weapon to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken custody of the grandfathered semiautomatic assault weapon for the purpose of complying with subsection (s). Upon taking custody of the grandfathered semiautomatic assault weapon, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the grandfathered semiautomatic assault weapon from the licensee’s inventory to the unlicensed transferee.
“(2) Paragraph (1) shall not apply to a temporary transfer of possession for the purpose of participating in target shooting in a licensed target facility or established range if—
“(A) the grandfathered semiautomatic assault weapon is, at all times, kept within the premises of the target facility or range; and
“(B) the transferee is not known to be prohibited from possessing or receiving a grandfathered semiautomatic assault weapon.
“(3) For purposes of this subsection, the term ‘transfer’—
“(A) shall include a sale, gift, or loan; and
“(B) does not include temporary custody of the grandfathered semiautomatic assault weapon for purposes of examination or evaluation by a prospective transferee.
“(4) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
“(B) Regulations promulgated under this paragraph—
“(i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and
“(ii) shall not include any provision imposing recordkeeping requirements on any unlicensed transferor or requiring licensees to facilitate transfers in accordance with paragraph (1).”.
(b) Technical and conforming amendments.—
(1) SECTION 922.—Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking “, (g)(5)(B), and (s)(3)(B)(v)(II)” and inserting “and (g)(5)(B)”.
(2) SECTION 925A.—Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking “subsection (s) or (t) of section 922” and inserting “section 922(s)”.
(c) Effective date.—The amendments made by this section shall take effect 90 days after the date of enactment of this Act.
SEC. 6. Use of Byrne grants for buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices.
Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10121(a)(1)) is amended by adding at the end the following:
“(I) Compensation for surrendered semiautomatic assault weapons and large capacity ammunition feeding devices, as those terms are defined in section 921 of title 18, United States Code, under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices.”.
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.