II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Militarizing Our 

5 Streets Act of 2024’’. 

6 SEC. 2. RESTRICTION ON SALES AND PROCUREMENT BY 

7 DEPARTMENT OF DEFENSE OF CERTAIN 

8 WEAPONS AND AMMUNITION. 

9 (a) RESTRICTION.— 


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1 (1) IN GENERAL.—Chapter 763 of title 10, 

2 United States Code, is amended by inserting after 

3 section 7544 the following: 

4 ‘‘§ 7545. Restriction on sales and procurement of cer5 tain weapons and ammunition 

6 ‘‘(a) PROHIBITIONS RELATING TO CERTAIN HIGHLY

7 DANGEROUS MILITARY-GRADE WEAPONS AND AMMUNI8 TION.— 

9 ‘‘(1) SALES IN COMMERCIAL MARKETPLACE.— 

10 The Secretary of Defense or a private operator of a 

11 government-owned plant may not sell to any dealer, 

12 directly or through a private contractor, in the com13 mercial marketplace— 

14 ‘‘(A) any military-grade assault weapon; or 

15 ‘‘(B) any covered ammunition. 

16 ‘‘(2) PROCUREMENT.—The Secretary of De17 fense may not procure any item from a dealer or 

18 manufacturer of firearms or ammunition that sells a 

19 military-grade assault weapon or covered ammuni20 tion in the commercial marketplace. 

21 ‘‘(b) LIMITATIONS RELATING TO OTHER WEAPONS

22 AND AMMUNITION.— 

23 ‘‘(1) APPLICABILITY.—The provisions of this 

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1 tion, other than military-grade assault weapons and 

2 covered ammunition. 

3 ‘‘(2) SALES IN COMMERCIAL MARKETPLACE.— 

4 The Secretary of Defense or a private operator of a 

5 government-owned plant may not sell any firearm or 

6 ammunition to any dealer in the commercial market7 place that fails to meet the requirements described 

8 in paragraph (4). 

9 ‘‘(3) PROCUREMENT.—The Secretary of De10 fense may not procure any item from a dealer or pri11 vate manufacturer of firearms or ammunition that 

12 sells firearms or ammunition in the commercial mar13 ketplace if the dealer or private manufacturer— 

14 ‘‘(A) directly sells firearms or ammunition 

15 to individual purchasers in the commercial mar16 ketplace and fails to meet the requirements de17 scribed in paragraph (4); or 

18 ‘‘(B) sells any firearm or ammunition to 

19 any dealer in the commercial marketplace that 

20 fails to meets the requirements described in 

21 paragraph (4). 

22 ‘‘(4) REQUIREMENTS.—The requirements de23 scribed in this paragraph for any dealer of firearms 

24 or ammunition are the following: 

25 ‘‘(A) The dealer must— 


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1 ‘‘(i) with respect to a dealer of fire2 arms, have a license under chapter 44 of 

3 title 18; 

4 ‘‘(ii) with respect to a dealer of am5 munition, have a license under subsection 

6 (d)(1); and 

7 ‘‘(iii) comply with all requirements 

8 under Federal law for licensees under 

9 chapter 44 of title 18. 

10 ‘‘(B) In each of the previous 3 calendar 

11 years, the Attorney General has traced not 

12 more than 24 firearms used in crimes back to 

13 the dealer with a time to crime of less than 3 

14 years. 

15 ‘‘(C) With respect to a dealer that sells 

16 ammunition, during any 30-day period, the 

17 dealer may not transfer to the same individual 

18 purchaser— 

19 ‘‘(i) more than 500 rounds of covered 

20 ammunition; or 

21 ‘‘(ii) more than 1000 rounds of other 

22 ammunition. 

23 ‘‘(D) The dealer must agree to a minimum 

24 code of conduct that includes the following: 


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1 ‘‘(i) A refusal to transfer a firearm or 

2 ammunition until the NICS background 

3 check system has verified that the transfer 

4 is not prohibited. 

5 ‘‘(ii) The implementation of a security 

6 system, including adequate locks, exterior 

7 lighting, surveillance cameras, alarm sys8 tems, and other anti-theft measures and 

9 practices that the Attorney General may 

10 through regulations prescribe. 

11 ‘‘(iii) A refusal to sell firearms in any 

12 marketplace, including online or at a gun 

13 show, unless the marketplace requires 

14 every firearm seller to complete a NICS 

15 background check on prospective firearm 

16 purchasers. 

17 ‘‘(iv) A refusal to transfer firearms or 

18 ammunition to any person that exhibits 

19 signs of alcohol or drug intoxication or 

20 cognitive or mental instability (as those 

21 terms are defined by the Attorney General, 

22 in coordination with the Secretary of 

23 Health and Human Services). 

24 ‘‘(v) A refusal to transfer a firearm or 

25 ammunition to any person the dealer 


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1 knows or has reason to believe poses a 

2 danger to that person or others. 

3 ‘‘(vi) With respect to firearms, the im4 plementation and maintenance of a re5 motely searchable electronic record of— 

6 ‘‘(I) the make, model, caliber or 

7 gauge, and serial number of every 

8 firearm in the inventory of the dealer; 

9 and 

10 ‘‘(II) the performance of quar11 terly inventory checks. 

12 ‘‘(E) With respect to ammunition, the 

13 dealer must implement and maintain a remotely 

14 searchable electronic record of— 

15 ‘‘(i) importation; 

16 ‘‘(ii) production; 

17 ‘‘(iii) shipment; 

18 ‘‘(iv) receipt; 

19 ‘‘(v) sale; and 

20 ‘‘(vi) any other disposition of ammuni21 tion at the place of business of the dealer 

22 for such period, and in such form, as the 

23 Attorney General may by regulations pre24 scribe. 


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1 ‘‘(F) The dealer must implement a manda2 tory training course developed by the Attorney 

3 General, in coordination with the Secretary of 

4 Health and Human Services, where appro5 priate— 

6 ‘‘(i) which, with respect to each em7 ployee of the dealer authorized to engage 

8 in the transfer of firearms or ammunition 

9 in the course of the business— 

10 ‘‘(I) an employee as of the date 

11 of enactment of this section completes 

12 not later than 90 days after the date 

13 of enactment of this section; and 

14 ‘‘(II) an employee hired after the 

15 date of enactment of this section com16 plete not later than 30 days after the 

17 date on which the employee is hired; 

18 and 

19 ‘‘(ii) that trains employees on— 

20 ‘‘(I) how to recognize and iden21 tify— 

22 ‘‘(aa) straw purchasers; and 

23 ‘‘(bb) any other fraudulent 

24 activity described in chapter 44 

25 of title 18, United States Code; 


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1 ‘‘(II) indicators that a person is 

2 attempting to purchase a firearm or 

3 ammunition illegally; 

4 ‘‘(III) how to recognize and iden5 tify indicators that an individual in6 tends to use a firearm for unlawful 

7 purposes; 

8 ‘‘(IV) how to recognize and iden9 tify indicators that an individual in10 tends to use a firearm for self-harm; 

11 ‘‘(V) how to prevent theft or bur12 glary of firearms and ammunition; 

13 ‘‘(VI) how to respond in the cir14 cumstances described in subclauses (I) 

15 through (V) and the applicable report16 ing requirements; 

17 ‘‘(VII) how to verify the age of a 

18 purchaser of a firearm or ammuni19 tion; 

20 ‘‘(VIII) with respect to a dealer 

21 of ammunition, how to detect whether 

22 a single purchaser has reached the ap23 plicable ammunition purchase limit to 

24 prevent a violation of subparagraph 

25 (C); and 


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1 ‘‘(IX) other reasonable business 

2 practices that the Attorney General 

3 determines will deter firearm traf4 ficking or deter the provision of a fire5 arm to an individual who indicates an 

6 intent to use a firearm for unlawful 

7 purposes or for self-harm. 

8 ‘‘(G) Not later than 30 days after the date 

9 on which the Bureau of Alcohol, Tobacco, Fire10 arms and Explosives releases to the dealer re11 sults of any compliance inspection conducted by 

12 the Bureau, the dealer must report the results 

13 of the inspection to any manufacturer or whole14 saler dealer from which the dealer obtains fire15 arms or ammunition. 

16 ‘‘(H) The dealer does not maintain finan17 cial ties valued at more than $1,000,000 annu18 ally with an entity that— 

19 ‘‘(i) during the 5-year period pre20 ceding the date of a sale or procurement 

21 described in paragraph (2) or (3), sepa22 rated from the dealer through a spin-off 

23 transaction; and 

24 ‘‘(ii) does not comply with the require25 ments of this paragraph. 


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1 ‘‘(5) INSPECTION RESULTS.—With respect to 

2 an inspection of a dealer described in paragraph 

3 (4)(G), not later than 30 days after the date of the 

4 inspection, the Director of the Bureau of Alcohol, 

5 Tobacco, Firearms and Explosives shall send to the 

6 Department of Defense a copy of the report. 

7 ‘‘(6) REGULATIONS.—The Attorney General 

8 may promulgate necessary regulations to implement 

9 the requirements of this subsection. 

10 ‘‘(7) INTERDEPARTMENT COORDINATION.—The 

11 Attorney General, in coordination with the Secretary 

12 of Defense, shall monitor compliance with paragraph 

13 (4) by dealers. 

14 ‘‘(8) PENALTY.—A dealer that violates para15 graph (4) may not participate in a sale or purchase 

16 described in paragraph (2) or (3). 

17 ‘‘(9) DATA SHARING.—Notwithstanding any 

18 other law, the Attorney General may share crime 

19 gun trace data with the Department of Defense as 

20 necessary to carry out this section. 

21 ‘‘(c) REPORTING REQUIREMENTS.— 

22 ‘‘(1) GOVERNMENT-OWNED PLANT REPORT.— 

23 Not less frequently than annually, each government24 owned plant that produces any ammunition or fire25 arms that are commercially sold shall submit to 


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1 Congress a report that includes, for the year covered 

2 by the report— 

3 ‘‘(A) the number of customers of the plant 

4 for ammunition or firearms in the commercial 

5 marketplace, disaggregated by the State in 

6 which the customer is located; 

7 ‘‘(B) the revenue of the plant from sales of 

8 ammunition or firearms in the commercial mar9 ketplace; 

10 ‘‘(C) the amount of ammunition or fire11 arms sold by the plant in the commercial mar12 ketplace; 

13 ‘‘(D) an operational plan for avoiding any 

14 diversion of firearms or ammunition into the il15 legal market or to customers not authorized for 

16 purchase under this section; and 

17 ‘‘(E) steps taken to implement the plan de18 scribed in subparagraph (D). 

19 ‘‘(2) DEPARTMENT OF DEFENSE REPORT.—Not 

20 less frequently than annually, the Secretary of De21 fense shall submit to Congress a report containing 

22 the following: 

23 ‘‘(A) A list of manufacturers and dealers 

24 from which the Secretary procures firearms 


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1 that also sell firearms in the commercial mar2 ket. 

3 ‘‘(B) A list of the types of firearms those 

4 dealers sell in the commercial market. 

5 ‘‘(C) The amount of money the Secretary 

6 pays to those dealers for firearms each year. 

7 ‘‘(d) LICENSES FOR DEALING AMMUNITION.— 

8 ‘‘(1) IN GENERAL.—The Attorney General shall 

9 make licenses available to dealers of ammunition, 

10 who may apply for such licenses for the purpose of 

11 subsection (b)(4)(A)(ii) to be eligible to make the 

12 sales or purchases described in paragraph (2) or (3) 

13 of subsection (b). 

14 ‘‘(2) REQUIREMENTS.—In making licenses 

15 available in accordance with paragraph (1), the At16 torney General shall apply in a substantially similar 

17 manner the requirements under chapter 44 of title 

18 18 for licenses of dealers of firearms to dealers of 

19 ammunition. 

20 ‘‘(3) NICS SYSTEM.— 

21 ‘‘(A) IN GENERAL.—Not later than 180 

22 days after the date of enactment of the Stop 

23 Militarizing Our Streets Act of 2024, the Attor24 ney General shall authorize a dealer of ammuni25 tion licensed in accordance with paragraph (1) 


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1 to access and use the NICS background check 

2 system in accordance with laws applicable to 

3 the use of the NICS background check system. 

4 ‘‘(B) AUTHORIZATION.—A dealer of am5 munition authorized under subparagraph (A) 

6 may use the NICS background check system for 

7 the purpose of subsection (b)(4)(D) to be eligi8 ble to make the sales or purchases described in 

9 paragraph (2) or (3) of subsection (b). 

10 ‘‘(C) AMMUNITION BACKGROUND

11 CHECKS.—A dealer of ammunition licensed in 

12 accordance with paragraph (1) may perform a 

13 NICS background check on an individual pur14 chasing ammunition from the dealer. 

15 ‘‘(e) REGULATIONS.—The Attorney General shall 

16 promulgate a rule with requirements for dealers to comply 

17 with the recordkeeping requirement described in sub18 section (b)(4)(E). 

19 ‘‘(f) DEFINITIONS.—In this section: 

20 ‘‘(1) AMMUNITION; FIREARM; MANUFAC21 TURER.—The terms ‘ammunition’, ‘firearm’, and 

22 ‘manufacturer’ have the meaning given those terms 

23 in section 921(a) of title 18. 

24 ‘‘(2) COVERED AMMUNITION.—The term ‘cov25 ered ammunition’— 


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1 ‘‘(A) means ammunition that is larger 

2 than .22 caliber; and 

3 ‘‘(B) includes .223 Remington ammunition 

4 and 7.62 North Atlantic Treaty Organization 

5 ammunition. 

6 ‘‘(3) DEALER.—The term ‘dealer’— 

7 ‘‘(A) has the meaning given the term in 

8 section 921 of title 18; and 

9 ‘‘(B) includes any person engaged in the 

10 business of selling ammunition at wholesale or 

11 retail, including an unlicensed private vendor of 

12 ammunition. 

13 ‘‘(4) FINANCIAL TIES.—The term ‘financial 

14 ties’— 

15 ‘‘(A) has the meaning given the term by 

16 the Secretary of Defense in a regulation; and 

17 ‘‘(B) includes a revenue sharing agreement 

18 or a transfer of assets through a purchase or 

19 sale transaction. 

20 ‘‘(5) GAS-OPERATED.—The term ‘gas-operated’, 

21 with respect to a firearm, means that the firearm 

22 harnesses or traps a portion of the high-pressure gas 

23 from a fired cartridge to cycle the action using— 

24 ‘‘(A) a long stroke piston, in which gas is 

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1 chanically fixed to the bolt group and moves to 

2 cycle the action; 

3 ‘‘(B) a short stroke piston, in which gas is 

4 vented from the barrel to a piston that moves 

5 separately from the bolt group so that the en6 ergy is imparted through a gas piston to cycle 

7 the action; 

8 ‘‘(C) a system that traps and vents gas 

9 from the barrel or the chamber to directly 

10 strike or impinge the bolt, bolt carrier, or slide 

11 assembly to unlock and cycle the action; 

12 ‘‘(D) a hybrid system that combines ele13 ments of a system described in subparagraph 

14 (C) with a system described in subparagraph 

15 (A) or (B) to capture gas vented from the bar16 rel to cycle the action; or 

17 ‘‘(E) a blowback-operated system that di18 rectly uses the expanding gases of the ignited 

19 propellant powder acting on the cartridge case 

20 to drive the breechblock or breech bolt rear21 ward. 

22 ‘‘(6) GOVERNMENT-OWNED PLANT.—The term 

23 ‘government-owned plant’ means a facility owned by 

24 the Federal Government that produces firearms or 

25 ammunition. 


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1 ‘‘(7) GUN SHOW.—The term ‘gun show’ means 

2 a gun show or an event described in section 

3 478.100(b) of title 27, Code of Federal Regulations, 

4 or any successor regulation. 

5 ‘‘(8) LARGE-CAPACITY AMMUNITION FEEDING

6 DEVICE.—The term ‘large-capacity ammunition 

7 feeding device’— 

8 ‘‘(A) means a magazine, belt, drum, feed 

9 strip, or similar device, including any such de10 vice joined or coupled with another in any man11 ner, that has an overall capacity of, or that can 

12 be readily restored, changed, or converted to ac13 cept, more than 10 rounds of ammunition; and 

14 ‘‘(B) does not include an attached tubular 

15 device designed to accept, and capable of oper16 ating only with, .22 caliber rimfire ammunition. 

17 ‘‘(9) MILITARY-GRADE ASSAULT WEAPON.—The 

18 term ‘military-grade assault weapon’ means a fire19 arm that— 

20 ‘‘(A) is semi-automatic; 

21 ‘‘(B) is— 

22 ‘‘(i) gas-operated or has been modified 

23 to operate as a gas-operated firearm; 


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1 ‘‘(ii) recoil-operated or has been modi2 fied to operate as a recoil-operated firearm, 

3 except for recoil-operated handguns; or 

4 ‘‘(iii) designed and functions, or can 

5 be readily modified, to materially increase 

6 the rate of fire of the firearm; and 

7 ‘‘(C) has— 

8 ‘‘(i) a fixed ammunition feeding device 

9 with the capacity to accept more than 10 

10 rounds of ammunition; or 

11 ‘‘(ii) the capacity to accept a large-ca12 pacity ammunition feeding device. 

13 ‘‘(10) NICS BACKGROUND CHECK.—The term 

14 ‘NICS background check’ means a background check 

15 through the national instant criminal background 

16 check system established under section 103 of the 

17 Brady Handgun Violence Prevention Act (34 U.S.C. 

18 40901). 

19 ‘‘(11) RECOIL-OPERATED.—The term ‘recoil-op20 erated’ with respect to a firearm, means that the 

21 firearm uses the recoil force to unlock the breech 

22 bolt and complete the cycle of extracting, ejecting, 

23 and reloading. 


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1 ‘‘(12) SEMI-AUTOMATIC.—The term ‘semi-auto2 matic’, with respect to a firearm, means any repeat3 ing firearm, other than a machine gun, that— 

4 ‘‘(A) uses a portion of the energy of a fir5 ing cartridge or shell to extract the fired car6 tridge case or fired shell casing and chamber 

7 the next round; and 

8 ‘‘(B) requires a separate pull, release, 

9 push, or other method of initiation of the trig10 ger to fire each cartridge or shell. 

11 ‘‘(13) SPIN-OFF TRANSACTION.—The term 

12 ‘spin-off transaction’ means a transaction that sepa13 rates a division or line of business from a parent 

14 company of an entity. 

15 ‘‘(14) STRAW PURCHASE.—The term ‘straw 

16 purchase’— 

17 ‘‘(A) with respect to a firearm, means a 

18 purchase described in section 932(b) of title 18; 

19 and 

20 ‘‘(B) with respect to ammunition, means a 

21 purchase described in 932(b) of title 18, except 

22 that, for the purpose of this subparagraph, any 

23 reference in that section to ‘firearm’ shall be 

24 deemed to be a reference to ‘ammunition’. 


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1 ‘‘(15) TIME TO CRIME.—The term ‘time to 

2 crime’ means the period of time between the retail 

3 sale of a firearm and the recovery of the firearm by 

4 a law enforcement agency as a result of the use or 

5 suspected use of the firearm in a crime.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by inserting after the item relating to section 7544 

9 the following new item: 

‘‘7545. Restriction on sales and procurement of certain weapons and ammunition.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) COOPERATIVE ACTIVITIES WITH NON-ARMY

12 ENTITIES.—Section 7544(c) of title 10, United 

13 States Code, is amended by adding at the end the 

14 following new paragraph: 

15 ‘‘(5) The non-Army entity abides by the com16 mercial sale restrictions set forth in section 7545 of 

17 this title.’’. 

18 (2) POLICY.—Section 7552 of such title is 

19 amended, in the matter preceding paragraph (1), by 

20 striking ‘‘It’’ and inserting ‘‘Subject to the restric21 tions set forth under section 7545 of this title, it’’. 

22 (3) ARMAMENT RETOOLING AND MANUFAC23 TURING SUPPORT INITIATIVE.—Section 7553(b) of 

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1 graph (1), by striking ‘‘The’’ and inserting ‘‘Subject 

2 to the restrictions set forth under section 7545 of 

3 this title, the’’. 

4 (c) AUTHORIZATION OF APPROPRIATIONS FOR IN5 CREASED NICS FUNDING.—There are authorized to be 

6 appropriated to the Attorney General such sums as are 

7 necessary to carry out the amendments made by this sec8 tion, including to upgrade and maintain the national in9 stant criminal background check system established under 

10 section 103 of the Brady Handgun Violence Prevention 

11 Act (34 U.S.C. 40901). 

Æ 


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