[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5032 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5032
To amend title 10, United States Code, to restrict the sale and
procurement of certain weapons and ammunition by the Department of
Defense, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 2024
Ms. Warren introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to restrict the sale and
procurement of certain weapons and ammunition by the Department of
Defense, 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 ``Stop Militarizing Our Streets Act of
2024''.
SEC. 2. RESTRICTION ON SALES AND PROCUREMENT BY DEPARTMENT OF DEFENSE
OF CERTAIN WEAPONS AND AMMUNITION.
(a) Restriction.--
(1) In general.--Chapter 763 of title 10, United States
Code, is amended by inserting after section 7544 the following:
``Sec. 7545. Restriction on sales and procurement of certain weapons
and ammunition
``(a) Prohibitions Relating to Certain Highly Dangerous Military-
Grade Weapons and Ammunition.--
``(1) Sales in commercial marketplace.--The Secretary of
Defense or a private operator of a government-owned plant may
not sell to any dealer, directly or through a private
contractor, in the commercial marketplace--
``(A) any military-grade assault weapon; or
``(B) any covered ammunition.
``(2) 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 marketplace.
``(b) Limitations Relating to Other Weapons and Ammunition.--
``(1) Applicability.--The provisions of this subsection
shall apply to all firearms and ammunition, other than
military-grade assault weapons and covered ammunition.
``(2) 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 (4).
``(3) 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--
``(A) directly sells firearms or ammunition to
individual purchasers in the commercial marketplace and
fails to meet the requirements described in paragraph
(4); or
``(B) sells any firearm or ammunition to any dealer
in the commercial marketplace that fails to meets the
requirements described in paragraph (4).
``(4) Requirements.--The requirements described in this
paragraph for any dealer of firearms or ammunition are the
following:
``(A) The dealer must--
``(i) with respect to a dealer of firearms,
have a license under chapter 44 of title 18;
``(ii) with respect to a dealer of
ammunition, have a license under subsection
(d)(1); and
``(iii) comply with all requirements under
Federal law for licensees under chapter 44 of
title 18.
``(B) In each of the previous 3 calendar years, the
Attorney General has traced not more than 24 firearms
used in crimes back to the dealer with a time to crime
of less than 3 years.
``(C) With respect to a dealer that sells
ammunition, during any 30-day period, the dealer may
not transfer to the same individual purchaser--
``(i) more than 500 rounds of covered
ammunition; or
``(ii) more than 1000 rounds of other
ammunition.
``(D) The dealer must agree to a minimum code of
conduct that includes the following:
``(i) A refusal to transfer a firearm or
ammunition until the NICS background check
system has verified that the transfer is not
prohibited.
``(ii) The implementation of a security
system, including adequate locks, exterior
lighting, surveillance cameras, alarm systems,
and other anti-theft measures and practices
that the Attorney General may through
regulations prescribe.
``(iii) A refusal to sell firearms in any
marketplace, including online or at a gun show,
unless the marketplace requires every firearm
seller to complete a NICS background check on
prospective firearm purchasers.
``(iv) A refusal to transfer firearms or
ammunition to any person that exhibits signs of
alcohol or drug intoxication or cognitive or
mental instability (as those terms are defined
by the Attorney General, in coordination with
the Secretary of Health and Human Services).
``(v) 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 others.
``(vi) With respect to firearms, the
implementation and maintenance of a remotely
searchable electronic record of--
``(I) the make, model, caliber or
gauge, and serial number of every
firearm in the inventory of the dealer;
and
``(II) the performance of quarterly
inventory checks.
``(E) With respect to ammunition, the dealer must
implement and maintain a remotely searchable electronic
record of--
``(i) importation;
``(ii) production;
``(iii) shipment;
``(iv) receipt;
``(v) sale; and
``(vi) any other disposition of ammunition
at the place of business of the dealer for such
period, and in such form, as the Attorney
General may by regulations prescribe.
``(F) The dealer must implement a mandatory
training course developed by the Attorney General, in
coordination with the Secretary of Health and Human
Services, where appropriate--
``(i) which, with respect to each employee
of the dealer authorized to engage in the
transfer of firearms or ammunition in the
course of the business--
``(I) an employee as of the date of
enactment of this section completes not
later than 90 days after the date of
enactment of this section; and
``(II) an employee hired after the
date of enactment of this section
complete not later than 30 days after
the date on which the employee is
hired; and
``(ii) that trains employees on--
``(I) how to recognize and
identify--
``(aa) straw purchasers;
and
``(bb) any other fraudulent
activity described in chapter
44 of title 18, United States
Code;
``(II) indicators that a person is
attempting to purchase a firearm or
ammunition illegally;
``(III) how to recognize and
identify indicators that an individual
intends to use a firearm for unlawful
purposes;
``(IV) how to recognize and
identify indicators that an individual
intends to use a firearm for self-harm;
``(V) how to prevent theft or
burglary of firearms and ammunition;
``(VI) how to respond in the
circumstances described in subclauses
(I) through (V) and the applicable
reporting requirements;
``(VII) how to verify the age of a
purchaser of a firearm or ammunition;
``(VIII) with respect to a dealer
of ammunition, how to detect whether a
single purchaser has reached the
applicable ammunition purchase limit to
prevent a violation of subparagraph
(C); and
``(IX) 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-harm.
``(G) Not later than 30 days after the date on
which the Bureau of Alcohol, Tobacco, Firearms and
Explosives releases to the dealer results of any
compliance inspection conducted by the Bureau, the
dealer must report the results of the inspection to any
manufacturer or wholesaler dealer from which the dealer
obtains firearms or ammunition.
``(H) The dealer does not maintain financial ties
valued at more than $1,000,000 annually with an entity
that--
``(i) during the 5-year period preceding
the date of a sale or procurement described in
paragraph (2) or (3), separated from the dealer
through a spin-off transaction; and
``(ii) does not comply with the
requirements of this paragraph.
``(5) Inspection results.--With respect to an inspection of
a dealer described in paragraph (4)(G), not later than 30 days
after the date of the inspection, the Director of the Bureau of
Alcohol, Tobacco, Firearms and Explosives shall send to the
Department of Defense a copy of the report.
``(6) Regulations.--The Attorney General may promulgate
necessary regulations to implement the requirements of this
subsection.
``(7) Interdepartment coordination.--The Attorney General,
in coordination with the Secretary of Defense, shall monitor
compliance with paragraph (4) by dealers.
``(8) Penalty.--A dealer that violates paragraph (4) may
not participate in a sale or purchase described in paragraph
(2) or (3).
``(9) Data sharing.--Notwithstanding any other law, the
Attorney General may share crime gun trace data with the
Department of Defense as necessary to carry out this section.
``(c) Reporting Requirements.--
``(1) Government-owned plant report.--Not less frequently
than annually, each government-owned plant that produces any
ammunition or firearms that are commercially sold shall submit
to Congress a report that includes, for the year covered by the
report--
``(A) the number of customers of the plant for
ammunition or firearms in the commercial marketplace,
disaggregated by the State in which the customer is
located;
``(B) the revenue of the plant from sales of
ammunition or firearms in the commercial marketplace;
``(C) the amount of ammunition or firearms sold by
the plant in the commercial marketplace;
``(D) an operational plan for avoiding any
diversion of firearms or ammunition into the illegal
market or to customers not authorized for purchase
under this section; and
``(E) steps taken to implement the plan described
in subparagraph (D).
``(2) Department of defense report.--Not less frequently
than annually, the Secretary of Defense shall submit to
Congress a report containing the following:
``(A) A list of manufacturers and dealers from
which the Secretary procures firearms that also sell
firearms in the commercial market.
``(B) A list of the types of firearms those dealers
sell in the commercial market.
``(C) The amount of money the Secretary pays to
those dealers for firearms each year.
``(d) Licenses for Dealing Ammunition.--
``(1) In general.--The Attorney General shall make licenses
available to dealers of ammunition, who may apply for such
licenses for the purpose of subsection (b)(4)(A)(ii) to be
eligible to make the sales or purchases described in paragraph
(2) or (3) of subsection (b).
``(2) Requirements.--In making licenses available in
accordance with paragraph (1), the Attorney General shall apply
in a substantially similar manner the requirements under
chapter 44 of title 18 for licenses of dealers of firearms to
dealers of ammunition.
``(3) NICS system.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Stop Militarizing Our
Streets Act of 2024, the Attorney General shall
authorize a dealer of ammunition licensed in accordance
with paragraph (1) to access and use the NICS
background check system in accordance with laws
applicable to the use of the NICS background check
system.
``(B) Authorization.--A dealer of ammunition
authorized under subparagraph (A) may use the NICS
background check system for the purpose of subsection
(b)(4)(D) to be eligible to make the sales or purchases
described in paragraph (2) or (3) of subsection (b).
``(C) Ammunition background checks.--A dealer of
ammunition licensed in accordance with paragraph (1)
may perform a NICS background check on an individual
purchasing ammunition from the dealer.
``(e) Regulations.--The Attorney General shall promulgate a rule
with requirements for dealers to comply with the recordkeeping
requirement described in subsection (b)(4)(E).
``(f) Definitions.--In this section:
``(1) Ammunition; firearm; manufacturer.--The terms
`ammunition', `firearm', and `manufacturer' have the meaning
given those terms in section 921(a) of title 18.
``(2) Covered ammunition.--The term `covered ammunition'--
``(A) means ammunition that is larger than .22
caliber; and
``(B) includes .223 Remington ammunition and 7.62
North Atlantic Treaty Organization ammunition.
``(3) Dealer.--The term `dealer'--
``(A) has the meaning given the term in section 921
of title 18; and
``(B) includes any person engaged in the business
of selling ammunition at wholesale or retail, including
an unlicensed private vendor of ammunition.
``(4) Financial ties.--The term `financial ties'--
``(A) has the meaning given the term by the
Secretary of Defense in a regulation; and
``(B) includes a revenue sharing agreement or a
transfer of assets through a purchase or sale
transaction.
``(5) Gas-operated.--The term `gas-operated', with respect
to a firearm, means that the firearm harnesses or traps a
portion of the high-pressure gas from a fired cartridge to
cycle the action using--
``(A) a long stroke piston, in which gas is vented
from the barrel to a piston that is mechanically fixed
to the bolt group and moves to cycle the action;
``(B) a short stroke piston, 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 action;
``(C) a system that traps and vents gas from the
barrel or the chamber to directly strike or impinge the
bolt, bolt carrier, or slide assembly to unlock and
cycle the action;
``(D) a hybrid system that combines elements of a
system described in subparagraph (C) with a system
described in subparagraph (A) or (B) to capture gas
vented from the barrel to cycle the action; or
``(E) 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 rearward.
``(6) Government-owned plant.--The term `government-owned
plant' means a facility owned by the Federal Government that
produces firearms or ammunition.
``(7) Gun show.--The term `gun show' means a gun show or an
event described in section 478.100(b) of title 27, Code of
Federal Regulations, or any successor regulation.
``(8) Large-capacity ammunition feeding device.--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.
``(9) Military-grade assault weapon.--The term `military-
grade assault weapon' means a firearm that--
``(A) is semi-automatic;
``(B) is--
``(i) gas-operated or has been modified to
operate as a gas-operated firearm;
``(ii) recoil-operated or has been modified
to operate as a recoil-operated firearm, except
for recoil-operated handguns; or
``(iii) designed and functions, or can be
readily modified, to materially increase the
rate of fire of the firearm; and
``(C) has--
``(i) a fixed ammunition feeding device
with the capacity to accept more than 10 rounds
of ammunition; or
``(ii) the capacity to accept a large-
capacity ammunition feeding device.
``(10) NICS background check.--The term `NICS background
check' means a background check through the national instant
criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901).
``(11) Recoil-operated.--The term `recoil-operated' with
respect to a firearm, means that the firearm uses the recoil
force to unlock the breech bolt and complete the cycle of
extracting, ejecting, and reloading.
``(12) Semi-automatic.--The term `semi-automatic', with
respect to a firearm, means any repeating firearm, other than a
machine gun, that--
``(A) 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 round; and
``(B) requires a separate pull, release, push, or
other method of initiation of the trigger to fire each
cartridge or shell.
``(13) 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 entity.
``(14) Straw purchase.--The term `straw purchase'--
``(A) with respect to a firearm, means a purchase
described in section 932(b) of title 18; and
``(B) with respect to ammunition, means a purchase
described in 932(b) of title 18, except that, for the
purpose of this subparagraph, any reference in that
section to `firearm' shall be deemed to be a reference
to `ammunition'.
``(15) 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 crime.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7544 the following new item:
``7545. Restriction on sales and procurement of certain weapons and
ammunition.''.
(b) Conforming Amendments.--
(1) Cooperative activities with non-army entities.--Section
7544(c) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(5) The non-Army entity abides by the commercial sale
restrictions set forth in section 7545 of this title.''.
(2) Policy.--Section 7552 of such title is amended, in the
matter preceding paragraph (1), by striking ``It'' and
inserting ``Subject to the restrictions set forth under section
7545 of this title, it''.
(3) Armament retooling and manufacturing support
initiative.--Section 7553(b) of such title is amended, in the
matter preceding paragraph (1), by striking ``The'' and
inserting ``Subject to the restrictions set forth under section
7545 of this title, the''.
(c) 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 section,
including to upgrade and maintain the national instant criminal
background check system established under section 103 of the Brady
Handgun Violence Prevention Act (34 U.S.C. 40901).
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