Sec. 2. Restrictions
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Section 921(a) of title 18, United States Code, is amended by adding at the end the following: The term semi-automatic firearm means any firearm that— upon initiating the firing sequence, fires the first chambered cartridge and uses a portion of the energy of the firing cartridge to— extract the expended cartridge case; chamber the next round; and prepare the firing mechanism to fire again; requires a separate pull, release, push, or initiation of the trigger to fire each cartridge; and is not a machinegun.
The term cycle the action , with respect to a firearm, means to extract the fired cartridge case, chamber the next cartridge, and prepare the firing mechanism to fire again. The term gas-operated , with respect to a semi-automatic firearm, means any firearm that harnesses or traps a portion of the high-pressure gas from a fired cartridge to cycle the action using— a long stroke piston, where gas is vented from the barrel to a piston that is mechanically fixed to the bolt group and moves to cycle the action; a short stroke piston, where 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; a system that traps and vents gas from either the barrel or the chamber to directly strike or impinge the bolt, bolt carrier, or slide assembly, to unlock and cycle the action; 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; a blowback-operated system that directly utilizes the expanding gases of the ignited propellant powder acting on the cartridge case to drive the breechblock or breech bolt rearward; or a recoil-operated system that utilizes the recoil force to unlock the breech bolt and then to complete the cycle of extracting, ejecting, and reloading. The term large capacity ammunition feeding device — means a magazine, belt, drum, feed strip, helical feeding device, 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, altered, or converted to accept, more than 10 rounds of ammunition; and is not permanently fixed; and does not include any device designed to accept, and capable of operating only with, .22 or less caliber rimfire ammunition. . Section 922 of title 18, United States Code, is amended— by inserting after subsection
(u)the following: Except as provided in paragraph
(2)or (4), it shall be unlawful for any person to import, sell, manufacture, transfer, receive, or possess, in or affecting interstate or foreign commerce, a firearm, device, or combination of parts described in subparagraphs
(A)through (H), knowing or having reasonable cause to believe that— the firearm is included on the list of prohibited gas-operated semi-automatic firearms described in section 935(a); the modified non-prohibited firearm, as modified, operates as a firearm included on the list of prohibited gas-operated semi-automatic firearms described in section 935(a); the combination of parts is designed and functions to modify an otherwise non-prohibited firearm so that the firearm, as modified, operates as a gas-operated semi-automatic firearm included on the list of prohibited gas-operated semi-automatic firearms described in section 935(a); the combination of parts is designed to be assembled into a firearm that operates as a firearm included on the list of prohibited gas-operated semi-automatic firearms described in section 935(a); the combination of parts functions to produce a gas-operated semi-automatic cycling action that was not lawfully manufactured as part of an approved firearm design described in section 935(c); the manual, power-driven, or electronic device is primarily designed, or redesigned, so that if the device is attached to a semi-automatic firearm the device— materially increases the rate of fire of the firearm; or approximates the action or rate of fire of a machinegun; the device, part, or combination of parts is designed and functions to materially increase the rate of fire of the semi-automatic firearm by eliminating the need for the operator of the firearm to make a separate movement for each individual function of the trigger; or the semi-automatic firearm has been modified in any way that— materially increases the rate of fire of the firearm; or approximates the action or rate of fire of a machinegun. Paragraph
(1)shall not apply to— the importation or manufacture by or for, sale or transfer to, or possession by or under the authority of, the United States or any department or agency thereof or a State or Tribe, or a department, agency, or political subdivision thereof; the importation or manufacture for, sale or transfer to, or possession by, a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) for purposes of establishing and maintaining an on-site physical security protection system and security organization required by Federal law, or the transfer to, or possession by, a contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; the possession of a gas-operated semi-automatic firearm that, before the date of enactment of this subsection, was lawfully— manufactured; and transferred by the manufacturer to another party; or the transfer of a gas-operated semi-automatic firearm that is lawfully possessed before the date of enactment of this subsection in accordance with subparagraph (C), in which— the transferee is an immediate family member of the transferor; the transfer occurs after a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection
(t)before such transfer to the immediate family member occurs; and upon taking possession of the firearm under clause (ii), the licensee to whom the firearm was transferred under clause
(ii)complies with all requirements of this chapter as if the licensee were transferring the firearm from the business inventory of the licensee to the unlicensed transferee. Licensed importers and licensed manufacturers shall mark all gas-operated semi-automatic firearms imported or manufactured under subparagraphs
(A)and
(B)of paragraph
(2)after the date of enactment of this subsection in the manner prescribed by the Attorney General before any transfer under subparagraph
(A)or
(B)of paragraph (2). For purposes of this subsection— the term gas-operated semi-automatic firearm does not include— any firearm designed to accept, and capable of operating only with, .22 caliber rimfire ammunition; a rifle that— is a single-shot rifle; is a breech loading rifle with a capacity not to exceed 2 rounds of ammunition; is a muzzle-loading rifle or smoothbore shoulder-fired firearm; uses a bolt action, lever action, or pump action to cycle the action of the rifle; or has a permanently fixed magazine with a capacity not to exceed 10 rounds of ammunition that cannot be converted or changed to accept more than 10 rounds of ammunition; a shotgun that— is a single-shot shotgun; is a breech loading shotgun with a capacity not to exceed 2 rounds of ammunition; is a muzzle-loading shotgun; uses a bolt action, lever action, or pump action to cycle the action of the shotgun; is a semi-automatic or auto-loading shotgun; or has a permanently fixed magazine with a capacity not to exceed 10 rounds of ammunition that cannot be converted or changed to accept more than 10 rounds of ammunition; a breech loading firearm capable of holding a single cartridge and a single shotgun shell simultaneously and must be reloaded after firing those rounds of ammunition; or a handgun that— is a single-shot handgun; is a breech loading handgun with a capacity not to exceed 2 rounds of ammunition; is a muzzle-loading or smoothbore handgun; uses a bolt action to cycle the action of the handgun; is a single or double action revolver; is a single or double action semi-automatic handgun that uses recoil to cycle the action of the handgun; or has a permanently fixed magazine with a capacity not to exceed 15 rounds of ammunition that cannot be converted or changed to accept more than 15 rounds of ammunition; and the term immediate family member means, with respect to a person— a spouse, parent, brother or sister, or child of that person, or an individual to whom that person stands in loco parentis; or any other person living in the household of that person and related to that person by blood or marriage. Except as provided in paragraph (3), it shall be unlawful, on and after the date of enactment of this subsection, for any person to, in or affecting interstate or foreign commerce— import, sell, manufacture, transfer, or receive a large capacity ammunition feeding device; or possess a large capacity ammunition feeding device manufactured after the date of enactment of this subsection. It shall be unlawful for any person who lawfully owns or possesses a large capacity ammunition feeding device that was manufactured and purchased or transferred before such date of enactment to transfer, in or affecting interstate or foreign commerce, such device after the date of enactment of this subsection. This subsection shall not apply with respect to— the importation for, manufacture for, sale to, transfer to, or possession by or under the authority of, the United States or any department or agency thereof or a State or Tribe, or a department, agency, or political subdivision thereof; or the importation or manufacture for, sale or transfer to, or possession by, a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) for purposes of establishing and maintaining an on-site physical security protection system and security organization required by Federal law, or the transfer to, or possession by, a contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials. Any licensed importer, licensed manufacturer, or other person in possession of a large capacity ammunition feeding device— shall mark such large capacity ammunition feeding device imported or manufactured under subparagraph
(A)or
(B)of paragraph
(3)after the date of enactment of this subsection in the manner prescribed by the Attorney General before any transfer under subparagraph
(A)or
(B)of paragraph (3); and may not obliterate or otherwise alter the serial number on such large capacity ammunition feeding device. .
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