[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3223 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3223
To amend title 18, United States Code, to prevent bulk sales of
ammunition, promote recordkeeping and reporting about ammunition, end
ammunition straw purchasing, and require a background check before the
transfer of ammunition by certain Federal firearms licensees to non-
licensees.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 2, 2023
Ms. Warren (for herself and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prevent bulk sales of
ammunition, promote recordkeeping and reporting about ammunition, end
ammunition straw purchasing, and require a background check before the
transfer of ammunition by certain Federal firearms licensees to non-
licensees.
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 ``Ammunition Modernization and
Monitoring Oversight Act'' or the ``AMMO Act''.
SEC. 2. FEDERAL LICENSE REQUIRED TO DEAL IN AMMUNITION.
(a) In General.--Section 922(a)(1)(B) of title 18, United States
Code, is amended--
(1) by striking ``or licensed manufacturer'' and inserting
``, licensed manufacturer, or licensed dealer''; and
(2) by striking ``or manufacturing'' and inserting ``,
manufacturing, or dealing in''.
(b) Conforming Amendments.--
(1) Definition of dealer.--Section 921(a)(11)(A) of title
18, United States Code, is amended by inserting ``or
ammunition'' after ``firearms''.
(2) License fee.--Section 923(a)(3)(B) of title 18, United
States Code, is amended by striking ``who is not a dealer in
destructive devices'' and inserting ``in firearms other than
destructive devices or ammunition for firearms other than
destructive devices''.
SEC. 3. AMMUNITION RECORDKEEPING REQUIREMENT FOR CERTAIN LICENSEES.
Section 923(g)(1) of title 18, United States Code, is amended--
(1) in subparagraph (A), in the first sentence, by
inserting ``or ammunition'' after ``firearms'';
(2) in subparagraph (B)(iii), by inserting ``, or of
ammunition,'' after ``firearms''; and
(3) in subparagraph (C)(ii), by inserting ``, or of
ammunition,'' after ``firearms''.
SEC. 4. PROHIBITION ON STRAW PURCHASE OF AMMUNITION.
Section 932 of title 18, United States Code, is amended--
(1) in subsection (b), by inserting ``or ammunition'' after
``firearm'' each place it appears; and
(2) in subsection (c)(2), by inserting ``or ammunition''
after ``firearm'' each place it appears.
SEC. 5. RESTRICTION ON BULK AMMUNITION SALES.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa) Restriction on Bulk Ammunition Sales.--
``(1) In general.--It shall be unlawful for any person
licensed under this chapter to transfer to a person not so
licensed--
``(A) during any 5-day period--
``(i) more than 100 rounds of .50 caliber
ammunition; or
``(ii) more than 1,000 rounds of any other
caliber of ammunition; or
``(B) any ammunition if--
``(i) the transferee has not provided to
the transferor a written certification, signed
by the transferee, attesting that the purchase
of the ammunition would not result in the
transferee having acquired, during the 5-day
period ending on the date of the transfer--
``(I) more than 100 rounds of .50
caliber ammunition; or
``(II) more than 1,000 rounds of
any other caliber of ammunition; or
``(ii) the transferor knows or has reason
to believe that the transfer would result in
the transferee having acquired, during the 5-
day period ending on the date of the transfer--
``(I) more than 100 rounds of .50
caliber ammunition; or
``(II) more than 1,000 rounds of
any other caliber of ammunition.
``(2) Administrative requirements.--
``(A) Identification document; attorney general
form.--It shall be unlawful for a person licensed under
this chapter to transfer ammunition to a person not so
licensed, unless the transferee--
``(i) has presented to the licensee a valid
identification document (as defined in section
1028(d)) on which appears--
``(I) the name and address of the
transferee;
``(II) a number unique to the
transferee; and
``(III) the signature of the
transferee; and
``(ii) has entered the name, address, and
signature of the transferee on, and otherwise
completed, such form as the Attorney General
shall prescribe, which shall include--
``(I) the written certification
described in paragraph (1)(B)(i); and
``(II) a statement of the penalties
for violating this subsection.
``(B) False statement or identification.--It shall
be unlawful for any person in connection with the
purchase or attempted purchase of ammunition to
knowingly make any false or fictitious oral or written
statement or to furnish or exhibit any false,
fictitious, or misrepresented identification, intended
or likely to deceive the seller with respect to any
fact material to the lawfulness of the sale of the
ammunition under this chapter.
``(C) Transmission of form to attorney general.--
``(i) In general.--Not later than 30 days
after the date on which a person licensed under
this chapter transfers ammunition in a
transaction subject to paragraph (1), the
licensee shall transmit to the Attorney General
a paper or electronic copy of the form
completed by the transferee pursuant to
subparagraph (A) of this paragraph.
``(ii) Determination of violation.--The
Attorney General shall determine, on the basis
of the forms transmitted pursuant to clause (i)
of this subparagraph, whether a transfer of
ammunition has been made in violation of
paragraph (1)(A).
``(iii) Destruction of form.--Not later
than 60 days after receipt of a form pursuant
to clause (i), the Attorney General shall
destroy the form unless the form is needed in
an ongoing bona fide criminal investigation or
prosecution.
``(D) Recordkeeping requirement.--A licensee who
transfers ammunition in a transaction subject to
paragraph (1) shall keep the form referred to in
subparagraph (C) of this paragraph in paper or
electronic form for not fewer than 2 years.''.
(b) Penalties.--Section 924(a) of title 18, United States Code, is
amended by adding at the end the following:
``(9)(A) If a person licensed under this chapter knowingly violates
paragraph (1) or (2)(A) of section 922(aa)--
``(i) in the case of the first violation, the person shall
be fined not less than $50,000 and not more than $250,000;
``(ii) in the case of the second violation, the person
shall be prohibited from selling a firearm or ammunition for 60
days; or
``(iii) in the case of the third violation, all licenses
issued to the person under this chapter shall be revoked.
``(B) A person who knowingly violates section 922(aa)(2)(B) shall
be--
``(i) fined not more than--
``(I) $20,000, in the case of the first violation;
or
``(II) $50,000, in the case of any subsequent
violation;
``(ii) imprisoned not more than 5 years; or
``(iii) both.
``(C) A person who knowingly violates subparagraph (C)(i) or (D) of
section 922(aa)(2) shall be fined not more than $10,000.''.
(c) Signage Requirement.--
(1) In general.--Section 923(g) of title 18, United States
Code, is amended by adding at the end the following:
``(8) Each person licensed under this chapter shall post at the
premises of the licensee subject to the license a sign on which there
is set forth, in accordance with regulations prescribed by the Attorney
General--
``(A) a summary of paragraphs (1) and (2)(B) of section
922(aa), and the penalties for making false statements on a
written certification made pursuant to section
922(aa)(1)(B)(i); and
``(B) a summary of the provisions of section 932 relating
to ammunition, and the penalties for violating those
provisions.''.
(2) Penalty.--Section 924 of title 18, United States Code,
is amended by adding at the end the following:
``(q) Civil Penalty for Failure of Licensee To Post Sign About
Restrictions on Ammunition Sales.--
``(1) In general.--
``(A) Civil penalty.--With respect to each
violation of section 923(g)(8) by a person licensed
under this chapter, the Attorney General may, after
notice and opportunity for hearing, subject the
licensee to a civil penalty in an amount equal to
$10,000.
``(B) Review.--The imposition of a civil penalty
under subparagraph (A) may be reviewed only as provided
under section 923(f).
``(2) Administrative remedies.--The imposition of a civil
penalty under paragraph (1) shall not preclude any
administrative remedy that is otherwise available to the
Attorney General.''.
SEC. 6. BACKGROUND CHECK REQUIRED BEFORE TRANSFER OF AMMUNITION BY
CERTAIN FEDERAL FIREARMS LICENSEES TO NON-LICENSEES.
(a) In General.--Section 922 of title 18, United States Code, is
amended--
(1) by striking subsection (s) and redesignating subsection
(t) as subsection (s);
(2) in subsection (s) (as so redesignated)--
(A) in paragraph (1)(B)(i), by inserting
``indicating that the receipt of a firearm or
ammunition by such other person would not violate
subsection (g) or (n) of this section, or State, local,
or Tribal law'' before the semicolon;
(B) in paragraph (3)(C)(ii), by striking ``(as
defined in subsection (s)(8))''; and
(C) 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
(3) by inserting after subsection (s) (as so redesignated)
the following:
``(t)(1) A licensed importer, licensed manufacturer, or licensed
dealer shall not transfer ammunition to another person not licensed
under this chapter, unless--
``(A) before the completion of the transfer, the licensee
contacts the national instant criminal background check system
established under section 103 of the Brady Handgun Violence
Prevention Act (34 U.S.C. 40901);
``(B) the system provides the licensee with a unique
identification number indicating--
``(i) that the receipt of a firearm or ammunition
by such other person would not violate subsection (g)
or (n) of this section, or State, local, or Tribal law;
and
``(ii) if such other person has not attained 21
years of age, that a transfer of a firearm or
ammunition to such other person would not violate
subsection (d) of this section; and
``(C) the licensee has verified the identity of such other
person by examining a valid identification document (as defined
in section 1028(d) of this title) of such other person
containing a photograph of such other person.
``(2) Paragraph (1) shall not apply to an ammunition transfer
between a licensee and another person if--
``(A) such other person has presented to the licensee a
permit that--
``(i) allows such other person to possess or
acquire ammunition, or to possess or acquire a firearm;
and
``(ii) was issued not more than 5 years earlier by
the State in which the transfer is to take place; and
``(B) the law of the State provides that such a permit is
to be issued only after an authorized government official has
verified that the information available to such official does
not indicate that possession of ammunition by such other person
would be in violation of law.
``(3) Paragraphs (2) and (4) through (7) of subsection (s) shall
apply with respect to ammunition transfers pursuant to this subsection
in the same manner in which such paragraphs apply with respect to
firearm transfers.
``(4) It shall be unlawful for a licensed importer, licensed
manufacturer, or licensed dealer to transfer possession of ammunition
to another person not so licensed unless--
``(A) the licensee has provided such other person with a
notice of the prohibition under paragraph (1); and
``(B) such other person has certified that such other
person has been provided with the notice described in
subparagraph (A) on a form prescribed by the Attorney
General.''.
(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 by striking ``subsection (s) or (t) of section
922'' and inserting ``section 922(s)''.
(3) Section 925b.--Section 925B of title 18, United States
Code, is amended by striking ``section 922(t)'' each place it
appears and inserting ``section 922(s)''.
(4) Brady handgun violence prevention act.--Section 103(l)
of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901(l)) is amended, in the matter preceding paragraph (1), by
striking ``(t)'' and inserting ``(s)''.
(5) Consolidated and further continuing appropriations act,
2012.--Section 511 of title V of division B of the Consolidated
and Further Continuing Appropriations Act, 2012 (34 U.S.C.
40901 note; Public Law 112-55) is amended by striking
``subsection 922(t)'' each place it appears and inserting
``subsection (s) or (t) of section 922''.
(6) NICS improvement amendments act of 2007.--Section
103(f) of the NICS Improvement Amendments Act of 2007 (34
U.S.C. 40913(f)) is amended by striking ``922(t)'' and
inserting ``922(s)''.
(c) Rules of Construction.--Nothing in this section, or any
amendment made by this section, shall be construed to--
(1) authorize the establishment, directly or indirectly, of
a national firearms or ammunition registry; or
(2) interfere with the authority of a State, under section
927 of title 18, United States Code, to enact a law on the same
subject matter as this section.
(d) Authorization of Increased Funding for the NICS System.--In
addition to any amount otherwise authorized to be appropriated for the
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901), there are authorized to be appropriated not more than
$150,000,000 for upgrading and maintaining the system.
SEC. 7. REPORTING REQUIREMENT.
Not later than 180 days after the effective date under section 8
and annually thereafter, the Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives shall prepare, publish in the Federal
Register, and otherwise make available to the public a report on the
violations of subsection (aa) of section 922 of title 18, United States
Code, as added by section 5, that occurred during the period covered by
the report, and the information reported pursuant to paragraph (2)(C)
of such subsection (including geographic data, total sales data, crime
statistics, information on repeat offenders, or caliber types involved)
during the period covered by the report, which shall include an
identification of any trend in the violations or information that
Federal, State, or local law enforcement agencies may find useful.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 120 days after the date of enactment of this Act.
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