II 

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. 

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 ‘‘Ammunition Mod5 ernization and Monitoring Oversight Act’’ or the ‘‘AMMO 

6 Act’’. 


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1 SEC. 2. FEDERAL LICENSE REQUIRED TO DEAL IN AMMUNI2 TION. 

3 (a) IN GENERAL.—Section 922(a)(1)(B) of title 18, 

4 United States Code, is amended— 

5 (1) by striking ‘‘or licensed manufacturer’’ and 

6 inserting ‘‘, licensed manufacturer, or licensed deal7 er’’; and 

8 (2) by striking ‘‘or manufacturing’’ and insert9 ing ‘‘, manufacturing, or dealing in’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) DEFINITION OF DEALER.—Section 

12 921(a)(11)(A) of title 18, United States Code, is 

13 amended by inserting ‘‘or ammunition’’ after ‘‘fire14 arms’’. 

15 (2) LICENSE FEE.—Section 923(a)(3)(B) of 

16 title 18, United States Code, is amended by striking 

17 ‘‘who is not a dealer in destructive devices’’ and in18 serting ‘‘in firearms other than destructive devices 

19 or ammunition for firearms other than destructive 

20 devices’’. 

21 SEC. 3. AMMUNITION RECORDKEEPING REQUIREMENT 

22 FOR CERTAIN LICENSEES. 

23 Section 923(g)(1) of title 18, United States Code, is 

24 amended— 

25 (1) in subparagraph (A), in the first sentence, 

26 by inserting ‘‘or ammunition’’ after ‘‘firearms’’; 


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1 (2) in subparagraph (B)(iii), by inserting ‘‘, or 

2 of ammunition,’’ after ‘‘firearms’’; and 

3 (3) in subparagraph (C)(ii), by inserting ‘‘, or 

4 of ammunition,’’ after ‘‘firearms’’. 

5 SEC. 4. PROHIBITION ON STRAW PURCHASE OF AMMUNI6 TION. 

7 Section 932 of title 18, United States Code, is 

8 amended— 

9 (1) in subsection (b), by inserting ‘‘or ammuni10 tion’’ after ‘‘firearm’’ each place it appears; and 

11 (2) in subsection (c)(2), by inserting ‘‘or ammu12 nition’’ after ‘‘firearm’’ each place it appears. 

13 SEC. 5. RESTRICTION ON BULK AMMUNITION SALES. 

14 (a) IN GENERAL.—Section 922 of title 18, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘(aa) RESTRICTION ON BULK AMMUNITION

18 SALES.— 

19 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

20 person licensed under this chapter to transfer to a 

21 person not so licensed— 

22 ‘‘(A) during any 5-day period— 

23 ‘‘(i) more than 100 rounds of .50 cal24 iber ammunition; or 


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1 ‘‘(ii) more than 1,000 rounds of any 

2 other caliber of ammunition; or 

3 ‘‘(B) any ammunition if— 

4 ‘‘(i) the transferee has not provided to 

5 the transferor a written certification, 

6 signed by the transferee, attesting that the 

7 purchase of the ammunition would not re8 sult in the transferee having acquired, dur9 ing the 5-day period ending on the date of 

10 the transfer— 

11 ‘‘(I) more than 100 rounds of .50 

12 caliber ammunition; or 

13 ‘‘(II) more than 1,000 rounds of 

14 any other caliber of ammunition; or 

15 ‘‘(ii) the transferor knows or has rea16 son to believe that the transfer would re17 sult in the transferee having acquired, dur18 ing the 5-day period ending on the date of 

19 the transfer— 

20 ‘‘(I) more than 100 rounds of .50 

21 caliber ammunition; or 

22 ‘‘(II) more than 1,000 rounds of 

23 any other caliber of ammunition. 

24 ‘‘(2) ADMINISTRATIVE REQUIREMENTS.— 


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1 ‘‘(A) IDENTIFICATION DOCUMENT; ATTOR2 NEY GENERAL FORM.—It shall be unlawful for 

3 a person licensed under this chapter to transfer 

4 ammunition to a person not so licensed, unless 

5 the transferee— 

6 ‘‘(i) has presented to the licensee a 

7 valid identification document (as defined in 

8 section 1028(d)) on which appears— 

9 ‘‘(I) the name and address of the 

10 transferee; 

11 ‘‘(II) a number unique to the 

12 transferee; and 

13 ‘‘(III) the signature of the trans14 feree; and 

15 ‘‘(ii) has entered the name, address, 

16 and signature of the transferee on, and 

17 otherwise completed, such form as the At18 torney General shall prescribe, which shall 

19 include— 

20 ‘‘(I) the written certification de21 scribed in paragraph (1)(B)(i); and 

22 ‘‘(II) a statement of the penalties 

23 for violating this subsection. 

24 ‘‘(B) FALSE STATEMENT OR IDENTIFICA25 TION.—It shall be unlawful for any person in 


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1 connection with the purchase or attempted pur2 chase of ammunition to knowingly make any 

3 false or fictitious oral or written statement or 

4 to furnish or exhibit any false, fictitious, or 

5 misrepresented identification, intended or likely 

6 to deceive the seller with respect to any fact 

7 material to the lawfulness of the sale of the am8 munition under this chapter. 

9 ‘‘(C) TRANSMISSION OF FORM TO ATTOR10 NEY GENERAL.— 

11 ‘‘(i) IN GENERAL.—Not later than 30 

12 days after the date on which a person li13 censed under this chapter transfers ammu14 nition in a transaction subject to para15 graph (1), the licensee shall transmit to 

16 the Attorney General a paper or electronic 

17 copy of the form completed by the trans18 feree pursuant to subparagraph (A) of this 

19 paragraph. 

20 ‘‘(ii) DETERMINATION OF VIOLA21 TION.—The Attorney General shall deter22 mine, on the basis of the forms trans23 mitted pursuant to clause (i) of this sub24 paragraph, whether a transfer of ammuniVerDate Sep 11 2014 00:22 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3223.IS S3223

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1 tion has been made in violation of para2 graph (1)(A). 

3 ‘‘(iii) DESTRUCTION OF FORM.—Not 

4 later than 60 days after receipt of a form 

5 pursuant to clause (i), the Attorney Gen6 eral shall destroy the form unless the form 

7 is needed in an ongoing bona fide criminal 

8 investigation or prosecution. 

9 ‘‘(D) RECORDKEEPING REQUIREMENT.—A 

10 licensee who transfers ammunition in a trans11 action subject to paragraph (1) shall keep the 

12 form referred to in subparagraph (C) of this 

13 paragraph in paper or electronic form for not 

14 fewer than 2 years.’’. 

15 (b) PENALTIES.—Section 924(a) of title 18, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘(9)(A) If a person licensed under this chapter know19 ingly violates paragraph (1) or (2)(A) of section 922(aa)— 

20 ‘‘(i) in the case of the first violation, the person 

21 shall be fined not less than $50,000 and not more 

22 than $250,000; 

23 ‘‘(ii) in the case of the second violation, the per24 son shall be prohibited from selling a firearm or am25 munition for 60 days; or 


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1 ‘‘(iii) in the case of the third violation, all li2 censes issued to the person under this chapter shall 

3 be revoked. 

4 ‘‘(B) A person who knowingly violates section 

5 922(aa)(2)(B) shall be— 

6 ‘‘(i) fined not more than— 

7 ‘‘(I) $20,000, in the case of the first viola8 tion; or 

9 ‘‘(II) $50,000, in the case of any subse10 quent violation; 

11 ‘‘(ii) imprisoned not more than 5 years; or 

12 ‘‘(iii) both. 

13 ‘‘(C) A person who knowingly violates subparagraph 

14 (C)(i) or (D) of section 922(aa)(2) shall be fined not more 

15 than $10,000.’’. 

16 (c) SIGNAGE REQUIREMENT.— 

17 (1) IN GENERAL.—Section 923(g) of title 18, 

18 United States Code, is amended by adding at the 

19 end the following: 

20 ‘‘(8) Each person licensed under this chapter shall 

21 post at the premises of the licensee subject to the license 

22 a sign on which there is set forth, in accordance with regu23 lations prescribed by the Attorney General— 

24 ‘‘(A) a summary of paragraphs (1) and (2)(B) 

25 of section 922(aa), and the penalties for making 


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1 false statements on a written certification made pur2 suant to section 922(aa)(1)(B)(i); and 

3 ‘‘(B) a summary of the provisions of section 

4 932 relating to ammunition, and the penalties for 

5 violating those provisions.’’. 

6 (2) PENALTY.—Section 924 of title 18, United 

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

8 following: 

9 ‘‘(q) CIVIL PENALTY FOR FAILURE OF LICENSEE TO

10 POST SIGN ABOUT RESTRICTIONS ON AMMUNITION

11 SALES.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) CIVIL PENALTY.—With respect to 

14 each violation of section 923(g)(8) by a person 

15 licensed under this chapter, the Attorney Gen16 eral may, after notice and opportunity for hear17 ing, subject the licensee to a civil penalty in an 

18 amount equal to $10,000. 

19 ‘‘(B) REVIEW.—The imposition of a civil 

20 penalty under subparagraph (A) may be re21 viewed only as provided under section 923(f). 

22 ‘‘(2) ADMINISTRATIVE REMEDIES.—The imposi23 tion of a civil penalty under paragraph (1) shall not 

24 preclude any administrative remedy that is otherwise 

25 available to the Attorney General.’’. 


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1 SEC. 6. BACKGROUND CHECK REQUIRED BEFORE TRANS2 FER OF AMMUNITION BY CERTAIN FEDERAL 

3 FIREARMS LICENSEES TO NON-LICENSEES. 

4 (a) IN GENERAL.—Section 922 of title 18, United 

5 States Code, is amended— 

6 (1) by striking subsection (s) and redesignating 

7 subsection (t) as subsection (s); 

8 (2) in subsection (s) (as so redesignated)— 

9 (A) in paragraph (1)(B)(i), by inserting 

10 ‘‘indicating that the receipt of a firearm or am11 munition by such other person would not violate 

12 subsection (g) or (n) of this section, or State, 

13 local, or Tribal law’’ before the semicolon; 

14 (B) in paragraph (3)(C)(ii), by striking 

15 ‘‘(as defined in subsection (s)(8))’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(7) In this subsection, the term ‘chief law enforce18 ment officer’ means the chief of police, the sheriff, or an 

19 equivalent officer or the designee of any such individual.’’; 

20 and 

21 (3) by inserting after subsection (s) (as so re22 designated) the following: 

23 ‘‘(t)(1) A licensed importer, licensed manufacturer, or 

24 licensed dealer shall not transfer ammunition to another 

25 person not licensed under this chapter, unless— 


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1 ‘‘(A) before the completion of the transfer, the 

2 licensee contacts the national instant criminal back3 ground check system established under section 103 

4 of the Brady Handgun Violence Prevention Act (34 

5 U.S.C. 40901); 

6 ‘‘(B) the system provides the licensee with a 

7 unique identification number indicating— 

8 ‘‘(i) that the receipt of a firearm or ammu9 nition by such other person would not violate 

10 subsection (g) or (n) of this section, or State, 

11 local, or Tribal law; and 

12 ‘‘(ii) if such other person has not attained 

13 21 years of age, that a transfer of a firearm or 

14 ammunition to such other person would not vio15 late subsection (d) of this section; and 

16 ‘‘(C) the licensee has verified the identity of 

17 such other person by examining a valid identification 

18 document (as defined in section 1028(d) of this title) 

19 of such other person containing a photograph of 

20 such other person. 

21 ‘‘(2) Paragraph (1) shall not apply to an ammunition 

22 transfer between a licensee and another person if— 

23 ‘‘(A) such other person has presented to the li24 censee a permit that— 


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1 ‘‘(i) allows such other person to possess or 

2 acquire ammunition, or to possess or acquire a 

3 firearm; and 

4 ‘‘(ii) was issued not more than 5 years ear5 lier by the State in which the transfer is to take 

6 place; and 

7 ‘‘(B) the law of the State provides that such a 

8 permit is to be issued only after an authorized gov9 ernment official has verified that the information 

10 available to such official does not indicate that pos11 session of ammunition by such other person would 

12 be in violation of law. 

13 ‘‘(3) Paragraphs (2) and (4) through (7) of sub14 section (s) shall apply with respect to ammunition trans15 fers pursuant to this subsection in the same manner in 

16 which such paragraphs apply with respect to firearm 

17 transfers. 

18 ‘‘(4) It shall be unlawful for a licensed importer, li19 censed manufacturer, or licensed dealer to transfer posses20 sion of ammunition to another person not so licensed un21 less— 

22 ‘‘(A) the licensee has provided such other per23 son with a notice of the prohibition under paragraph 

24 (1); and 


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1 ‘‘(B) such other person has certified that such 

2 other person has been provided with the notice de3 scribed in subparagraph (A) on a form prescribed by 

4 the Attorney General.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 (1) SECTION 922.—Section 922(y)(2) of title 

7 18, United States Code, is amended, in the matter 

8 preceding subparagraph (A), by striking ‘‘, 

9 (g)(5)(B), and (s)(3)(B)(v)(II)’’ and inserting ‘‘and 

10 (g)(5)(B)’’. 

11 (2) SECTION 925A.—Section 925A of title 18, 

12 United States Code, is amended by striking ‘‘sub13 section (s) or (t) of section 922’’ and inserting ‘‘sec14 tion 922(s)’’. 

15 (3) SECTION 925B.—Section 925B of title 18, 

16 United States Code, is amended by striking ‘‘section 

17 922(t)’’ each place it appears and inserting ‘‘section 

18 922(s)’’. 

19 (4) BRADY HANDGUN VIOLENCE PREVENTION

20 ACT.—Section 103(l) of the Brady Handgun Vio21 lence Prevention Act (34 U.S.C. 40901(l)) is amend22 ed, in the matter preceding paragraph (1), by strik23 ing ‘‘(t)’’ and inserting ‘‘(s)’’. 

24 (5) CONSOLIDATED AND FURTHER CONTINUING

25 APPROPRIATIONS ACT, 2012.—Section 511 of title V 


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1 of division B of the Consolidated and Further Con2 tinuing Appropriations Act, 2012 (34 U.S.C. 40901 

3 note; Public Law 112–55) is amended by striking 

4 ‘‘subsection 922(t)’’ each place it appears and in5 serting ‘‘subsection (s) or (t) of section 922’’. 

6 (6) NICS IMPROVEMENT AMENDMENTS ACT OF

7 2007.—Section 103(f) of the NICS Improvement 

8 Amendments Act of 2007 (34 U.S.C. 40913(f)) is 

9 amended by striking ‘‘922(t)’’ and inserting 

10 ‘‘922(s)’’. 

11 (c) RULES OF CONSTRUCTION.—Nothing in this sec12 tion, or any amendment made by this section, shall be con13 strued to— 

14 (1) authorize the establishment, directly or indi15 rectly, of a national firearms or ammunition reg16 istry; or 

17 (2) interfere with the authority of a State, 

18 under section 927 of title 18, United States Code, 

19 to enact a law on the same subject matter as this 

20 section. 

21 (d) AUTHORIZATION OF INCREASED FUNDING FOR

22 THE NICS SYSTEM.—In addition to any amount other23 wise authorized to be appropriated for the national instant 

24 criminal background check system established under sec25 tion 103 of the Brady Handgun Violence Prevention Act 


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1 (34 U.S.C. 40901), there are authorized to be appro2 priated not more than $150,000,000 for upgrading and 

3 maintaining the system. 

4 SEC. 7. REPORTING REQUIREMENT. 

5 Not later than 180 days after the effective date under 

6 section 8 and annually thereafter, the Director of the Bu7 reau of Alcohol, Tobacco, Firearms, and Explosives shall 

8 prepare, publish in the Federal Register, and otherwise 

9 make available to the public a report on the violations of 

10 subsection (aa) of section 922 of title 18, United States 

11 Code, as added by section 5, that occurred during the pe12 riod covered by the report, and the information reported 

13 pursuant to paragraph (2)(C) of such subsection (includ14 ing geographic data, total sales data, crime statistics, in15 formation on repeat offenders, or caliber types involved) 

16 during the period covered by the report, which shall in17 clude an identification of any trend in the violations or 

18 information that Federal, State, or local law enforcement 

19 agencies may find useful. 

20 SEC. 8. EFFECTIVE DATE. 

21 The amendments made by this Act shall take effect 

22 on the date that is 120 days after the date of enactment 

23 of this Act. 

Æ 


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