[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 396 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 396
To regulate bump stocks in the same manner as machineguns.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 17, 2023
Ms. Titus (for herself, Mr. Kildee, and Mr. Fitzpatrick) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To regulate bump stocks in the same manner as machineguns.
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 ``Closing the Bump Stock Loophole Act
of 2023''.
SEC. 2. BUMP STOCKS.
(a) In General.--Section 5845 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (a), by striking ``and (8) a destructive
device.'' and inserting ``(8) a destructive device; and (9) a
bump stock.''; and
(2) by adding at the end the following new subsections:
``(n) Bump Stock.--The term `bump stock' means any of the
following:
``(1) Any manual, power-driven, or electronic device that
is designed such that when the device is attached to a
semiautomatic weapon, the device eliminates the need for the
operator of a semiautomatic weapon to make a separate movement
for each individual function of the trigger and--
``(A) materially increases the rate of fire of the
semiautomatic weapon, or
``(B) approximates the action or rate of fire of a
machinegun.
``(2) Any part or combination of parts that is designed and
functions to eliminate the need for the operator of a
semiautomatic weapon to make a separate movement for each
individual function of the trigger and--
``(A) materially increases the rate of fire of a
semiautomatic weapon, or
``(B) approximates the action or rate of fire of a
machinegun.
``(3) Any semiautomatic weapon that has been modified in
any way that eliminates the need for the operator of the
semiautomatic weapon to make a separate movement for each
individual function of the trigger and--
``(A) materially increases the rate of fire of the
semiautomatic weapon, or
``(B) approximates the action or rate of fire of a
machinegun.
``(o) Semiautomatic Weapon.--The term `semiautomatic weapon' means
any repeating weapon that--
``(1) utilizes a portion of the energy of a firing
cartridge or shell to extract the fired cartridge case or shell
casing and chamber the next round, and
``(2) requires a separate function of the trigger to fire
each cartridge or shell.''.
(b) Amendments to Title 18, United States Code.--
(1) Section 921(a) of title 18, United States Code, is
amended--
(A) in paragraph (3), by striking ``muffler or
firearm silencer'' and inserting ``muffler, firearm
silencer, or bump stock''; and
(B) by adding at the end the following:
``(38) The term `bump stock' has the meaning given such term in
section 5845(n) of the National Firearms Act (26 U.S.C. 5845(n)).''.
(2) Section 922 of title 18, United States Code, is
amended--
(A) in each of subsections (a)(4) and (b)(4), by
inserting ``bump stock,'' before ``machinegun''; and
(B) in subsection (o)--
(i) in paragraph (1), by inserting ``or
bump stock'' before the period; and
(ii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``or'' at the end;
(II) in subparagraph (B), by
striking the period and inserting ``;
or''; and
(III) by adding at the end the
following:
``(C) the otherwise lawful possession of a bump stock that,
on or before the date that is 1 year after the date of the
enactment of this subparagraph, is registered to the possessor
in accordance with section 5841 of the Internal Revenue Code of
1986.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Application to possession on date of enactment.--
Notwithstanding paragraph (1), any person on the date of the
enactment of this Act possessing a bump stock as defined in
section 5845(n) of the Internal Revenue Code of 1986 (as
amended by this Act) shall, not later than the date that is 1
year after the date of the enactment of this Act, register such
bump stock in accordance with section 5841 of the Internal
Revenue Code of 1986 and include with such registration the
information required under section 5841(a) of such Code. Such
registration shall become a part of the National Firearms
Registration and Transfer Record required to be maintained by
such section. The prohibition on possession of an unregistered
firearm under section 5861 of such Code shall not apply to a
bump stock described in this Act on any date that is 1 year or
less after the enactment of this Act.
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