Sec. 516. Ban on untraceable and undetectable firearms
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/bill/118/s/3407/is/section-516·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 921(a) of title 18, United States Code, as amended by section 511 of this Act, is amended— in paragraph (3)— by inserting , including an unfinished frame or receiver after such weapon ; and by striking or
(D)any destructive device and inserting ;
(D)any destructive device; or
(E)any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled ; in paragraph (10), by adding at the end the following: The term ; and manufacturing firearms includes assembling a functional firearm or molding, machining, or 3D printing a frame or receiver, and does not include making or fitting special barrels, stocks, or trigger mechanisms to firearms. by adding at the end the following: The term frame or receiver — means the part of a weapon that can provide the action or housing for the hammer, bolt, or breechblock and firing mechanism; includes a frame or receiver blank, casting, or machined body that requires further machining or molding to be used as part of a functional firearm, and which is designed and intended to be used in the assembly of a functional firearm, unless the piece of material has had— its size or external shape altered solely to facilitate transportation or storage; or solely its chemical composition altered. The term ghost gun — means a firearm, including a frame or receiver, that lacks a unique serial number engraved or cast in metal or metal alloy on the frame or receiver by a licensed manufacturer or importer in accordance with this chapter; and does not include— a firearm that has been rendered permanently inoperable; a firearm identified by means of a unique serial number assigned by a State agency and engraved or cast on the receiver or frame of the weapon before the effective date of the Gun Violence Prevention and Community Safety Act of 2023 in accordance with a State law; a firearm manufactured or imported before December 16, 1968; or a firearm identified as provided for under section 5842 of the Internal Revenue Code of 1986. . Section 922 of title 18, United States Code, as amended by section 514 of this Act, is amended by adding at the end the following: Except as provided in subparagraph (B), it shall be unlawful for any person to manufacture, sell, offer to sell, transfer, purchase, or receive a ghost gun in or affecting interstate or foreign commerce. Subparagraph
(A)shall not apply to— the manufacture of a firearm by a licensed manufacturer if the licensed manufacturer complies with section 923(i) before selling or transferring the firearm to another person; the offer to sell, sale, or transfer of a firearm to, or purchase or receipt of a firearm by, a licensed manufacturer or importer before the date that is 12 months after the date of enactment of this subsection; or a transaction between a licensed manufacturer and a licensed importer on any date. Beginning on the date that is 12 months after the date of enactment of Gun Violence Prevention and Community Safety Act of 2023 , it shall be unlawful for any person other than a licensed manufacturer or importer to knowingly possess a ghost gun in or affecting interstate or foreign commerce. It shall be unlawful for any person to sell, offer to sell, or transfer, in or affecting interstate or foreign commerce, to any person other than a licensed manufacturer a machine that has the sole or primary function of manufacturing firearms. Except as provided in clause (ii), beginning on the date that is 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2023 , it shall be unlawful for any person other than a licensed manufacturer to possess, purchase, or receive, in or affecting interstate or foreign commerce, a machine that has the sole or primary function of manufacturing firearms. Clause
(i)shall not apply to a person who is engaged in the business of selling manufacturing equipment to a licensed manufacturer who possesses a machine with the intent to sell or transfer the machine to a licensed manufacturer. It shall be unlawful for any person to intentionally distribute, over the internet or by means of the World Wide Web, digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver. It shall be unlawful for a person other than a licensed manufacturer or importer to engrave or cast a serial number on a firearm in or affecting interstate or foreign commerce unless specifically authorized by the Attorney General. . Section 922(k) of title 18, United States Code, is amended— by striking importer's or manufacturer's each place the term appears; and by inserting required under this chapter or State law before removed each place the term appears. Section 923(i) of title 18, United States Code, as amended by section 512 of this Act, is amended— by inserting (1)(A) after
(i); and by adding at the end the following: The serial number required under subparagraph
(A)shall be engraved or cast in metal or metal alloy and sufficient to identify the firearm and the manufacturer or importer that put the serial number on the firearm. Not later than 180 days after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2023 , the Attorney General shall prescribe regulations for engraving a unique serial number onto a ghost gun. The regulations prescribed under subparagraph
(A)shall— allow an owner of a firearm described in that subparagraph to have a unique serial number engraved on the firearm by a licensed manufacturer or importer; and require that a serial number be engraved on the frame or receiver in a manner sufficient to identify the firearm and the manufacturer or importer that put the serial number on the firearm. The regulations authorized under this paragraph shall expire on the date that is 30 months after the date of enactment of the Gun Violence Prevention and Community Safety Act of 2023 . . Section 924 of title 18, United States Code, as amended by this Act, is amended— in subsection (a)(1)(B), by striking or
(bb)and inserting (bb), or
(cc); in subsection (c)— in paragraph (1)— in subparagraph (A), in the matter preceding clause (i), by inserting functional before firearm each place it appears; in subparagraph (B), in the matter preceding clause (i), by inserting functional before firearm ; and in subparagraph (D)(ii), by inserting functional before firearm ; and in paragraph (4), by striking all or part of the firearm and all that follows through person. and inserting the following: all or part of the functional firearm, or otherwise make the presence of the functional firearm known to another person, in order to intimidate that person, regardless of whether the functional firearm is directly visible to that person. ; in subsection (d)(1), as amended by section 512 of this Act, by striking or
(w)and inserting (w), or
(cc); and in subsection (e)(1), by inserting through the possession of a functional firearm before and has three . Section 922(p) of title 18, United States Code, is amended— in the matter preceding paragraph (1), by striking any firearm ; in paragraph (1)— by striking subparagraph
(A)and inserting the following: an undetectable firearm; or ; and in subparagraph (B), by striking any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate and inserting the following: a major component of a firearm which, if subjected to inspection by the types of detection devices commonly used at airports for security screening, would not generate ; by striking paragraph
(2)and inserting the following: For purposes of this subsection— the term detectable material means any material that creates a magnetic field equivalent to or more than 3.7 ounces of 17–4 pH stainless steel; the term major component , with respect to a firearm— means the slide or cylinder or the frame or receiver of the firearm; and in the case of a rifle or shotgun, includes the barrel of the firearm; and the term undetectable firearm means a firearm, as defined in section 921(a)(3)(A), of which no major component is wholly made of detectable material; ; in paragraph (3)— in the first sentence, by inserting , including a prototype, after of a firearm ; and by striking the second sentence; and in paragraph (5), by striking shall not apply to any firearm which and all that follows and inserting the following: “shall not apply to— any firearm received by, in the possession of, or under the control of the United States; or the manufacture, importation, possession, transfer, receipt, shipment, or delivery of a firearm by a licensed manufacturer or licensed importer pursuant to a contract with the United States. .