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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3223 Introduced in Senate (IS)]

<DOC>

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.

    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 ``Ammunition Modernization and 
Monitoring Oversight Act'' or the ``AMMO Act''.

SEC. 2. FEDERAL LICENSE REQUIRED TO DEAL IN AMMUNITION.

    (a) In General.--Section 922(a)(1)(B) of title 18, United States 
Code, is amended--
            (1) by striking ``or licensed manufacturer'' and inserting 
        ``, licensed manufacturer, or licensed dealer''; and
            (2) by striking ``or manufacturing'' and inserting ``, 
        manufacturing, or dealing in''.
    (b) Conforming Amendments.--
            (1) Definition of dealer.--Section 921(a)(11)(A) of title 
        18, United States Code, is amended by inserting ``or 
        ammunition'' after ``firearms''.
            (2) License fee.--Section 923(a)(3)(B) of title 18, United 
        States Code, is amended by striking ``who is not a dealer in 
        destructive devices'' and inserting ``in firearms other than 
        destructive devices or ammunition for firearms other than 
        destructive devices''.

SEC. 3. AMMUNITION RECORDKEEPING REQUIREMENT FOR CERTAIN LICENSEES.

    Section 923(g)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (A), in the first sentence, by 
        inserting ``or ammunition'' after ``firearms'';
            (2) in subparagraph (B)(iii), by inserting ``, or of 
        ammunition,'' after ``firearms''; and
            (3) in subparagraph (C)(ii), by inserting ``, or of 
        ammunition,'' after ``firearms''.

SEC. 4. PROHIBITION ON STRAW PURCHASE OF AMMUNITION.

    Section 932 of title 18, United States Code, is amended--
            (1) in subsection (b), by inserting ``or ammunition'' after 
        ``firearm'' each place it appears; and
            (2) in subsection (c)(2), by inserting ``or ammunition'' 
        after ``firearm'' each place it appears.

SEC. 5. RESTRICTION ON BULK AMMUNITION SALES.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(aa) Restriction on Bulk Ammunition Sales.--
            ``(1) In general.--It shall be unlawful for any person 
        licensed under this chapter to transfer to a person not so 
        licensed--
                    ``(A) during any 5-day period--
                            ``(i) more than 100 rounds of .50 caliber 
                        ammunition; or
                            ``(ii) more than 1,000 rounds of any other 
                        caliber of ammunition; or
                    ``(B) any ammunition if--
                            ``(i) the transferee has not provided to 
                        the transferor a written certification, signed 
                        by the transferee, attesting that the purchase 
                        of the ammunition would not result in the 
                        transferee having acquired, during the 5-day 
                        period ending on the date of the transfer--
                                    ``(I) more than 100 rounds of .50 
                                caliber ammunition; or
                                    ``(II) more than 1,000 rounds of 
                                any other caliber of ammunition; or
                            ``(ii) the transferor knows or has reason 
                        to believe that the transfer would result in 
                        the transferee having acquired, during the 5-
                        day period ending on the date of the transfer--
                                    ``(I) more than 100 rounds of .50 
                                caliber ammunition; or
                                    ``(II) more than 1,000 rounds of 
                                any other caliber of ammunition.
            ``(2) Administrative requirements.--
                    ``(A) Identification document; attorney general 
                form.--It shall be unlawful for a person licensed under 
                this chapter to transfer ammunition to a person not so 
                licensed, unless the transferee--
                            ``(i) has presented to the licensee a valid 
                        identification document (as defined in section 
                        1028(d)) on which appears--
                                    ``(I) the name and address of the 
                                transferee;
                                    ``(II) a number unique to the 
                                transferee; and
                                    ``(III) the signature of the 
                                transferee; and
                            ``(ii) has entered the name, address, and 
                        signature of the transferee on, and otherwise 
                        completed, such form as the Attorney General 
                        shall prescribe, which shall include--
                                    ``(I) the written certification 
                                described in paragraph (1)(B)(i); and
                                    ``(II) a statement of the penalties 
                                for violating this subsection.
                    ``(B) False statement or identification.--It shall 
                be unlawful for any person in connection with the 
                purchase or attempted purchase of ammunition to 
                knowingly make any false or fictitious oral or written 
                statement or to furnish or exhibit any false, 
                fictitious, or misrepresented identification, intended 
                or likely to deceive the seller with respect to any 
                fact material to the lawfulness of the sale of the 
                ammunition under this chapter.
                    ``(C) Transmission of form to attorney general.--
                            ``(i) In general.--Not later than 30 days 
                        after the date on which a person licensed under 
                        this chapter transfers ammunition in a 
                        transaction subject to paragraph (1), the 
                        licensee shall transmit to the Attorney General 
                        a paper or electronic copy of the form 
                        completed by the transferee pursuant to 
                        subparagraph (A) of this paragraph.
                            ``(ii) Determination of violation.--The 
                        Attorney General shall determine, on the basis 
                        of the forms transmitted pursuant to clause (i) 
                        of this subparagraph, whether a transfer of 
                        ammunition has been made in violation of 
                        paragraph (1)(A).
                            ``(iii) Destruction of form.--Not later 
                        than 60 days after receipt of a form pursuant 
                        to clause (i), the Attorney General shall 
                        destroy the form unless the form is needed in 
                        an ongoing bona fide criminal investigation or 
                        prosecution.
                    ``(D) Recordkeeping requirement.--A licensee who 
                transfers ammunition in a transaction subject to 
                paragraph (1) shall keep the form referred to in 
                subparagraph (C) of this paragraph in paper or 
                electronic form for not fewer than 2 years.''.
    (b) Penalties.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(9)(A) If a person licensed under this chapter knowingly violates 
paragraph (1) or (2)(A) of section 922(aa)--
            ``(i) in the case of the first violation, the person shall 
        be fined not less than $50,000 and not more than $250,000;
            ``(ii) in the case of the second violation, the person 
        shall be prohibited from selling a firearm or ammunition for 60 
        days; or
            ``(iii) in the case of the third violation, all licenses 
        issued to the person under this chapter shall be revoked.
    ``(B) A person who knowingly violates section 922(aa)(2)(B) shall 
be--
            ``(i) fined not more than--
                    ``(I) $20,000, in the case of the first violation; 
                or
                    ``(II) $50,000, in the case of any subsequent 
                violation;
            ``(ii) imprisoned not more than 5 years; or
            ``(iii) both.
    ``(C) A person who knowingly violates subparagraph (C)(i) or (D) of 
section 922(aa)(2) shall be fined not more than $10,000.''.
    (c) Signage Requirement.--
            (1) In general.--Section 923(g) of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(8) Each person licensed under this chapter shall post at the 
premises of the licensee subject to the license a sign on which there 
is set forth, in accordance with regulations prescribed by the Attorney 
General--
            ``(A) a summary of paragraphs (1) and (2)(B) of section 
        922(aa), and the penalties for making false statements on a 
        written certification made pursuant to section 
        922(aa)(1)(B)(i); and
            ``(B) a summary of the provisions of section 932 relating 
        to ammunition, and the penalties for violating those 
        provisions.''.
            (2) Penalty.--Section 924 of title 18, United States Code, 
        is amended by adding at the end the following:
    ``(q) Civil Penalty for Failure of Licensee To Post Sign About 
Restrictions on Ammunition Sales.--
            ``(1) In general.--
                    ``(A) Civil penalty.--With respect to each 
                violation of section 923(g)(8) by a person licensed 
                under this chapter, the Attorney General may, after 
                notice and opportunity for hearing, subject the 
                licensee to a civil penalty in an amount equal to 
                $10,000.
                    ``(B) Review.--The imposition of a civil penalty 
                under subparagraph (A) may be reviewed only as provided 
                under section 923(f).
            ``(2) Administrative remedies.--The imposition of a civil 
        penalty under paragraph (1) shall not preclude any 
        administrative remedy that is otherwise available to the 
        Attorney General.''.

SEC. 6. BACKGROUND CHECK REQUIRED BEFORE TRANSFER OF AMMUNITION BY 
              CERTAIN FEDERAL FIREARMS LICENSEES TO NON-LICENSEES.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended--
            (1) by striking subsection (s) and redesignating subsection 
        (t) as subsection (s);
            (2) in subsection (s) (as so redesignated)--
                    (A) in paragraph (1)(B)(i), by inserting 
                ``indicating that the receipt of a firearm or 
                ammunition by such other person would not violate 
                subsection (g) or (n) of this section, or State, local, 
                or Tribal law'' before the semicolon;
                    (B) in paragraph (3)(C)(ii), by striking ``(as 
                defined in subsection (s)(8))''; and
                    (C) by adding at the end the following:
    ``(7) In this subsection, the term `chief law enforcement officer' 
means the chief of police, the sheriff, or an equivalent officer or the 
designee of any such individual.''; and
            (3) by inserting after subsection (s) (as so redesignated) 
        the following:
    ``(t)(1) A licensed importer, licensed manufacturer, or licensed 
dealer shall not transfer ammunition to another person not licensed 
under this chapter, unless--
            ``(A) before the completion of the transfer, the licensee 
        contacts the national instant criminal background check system 
        established under section 103 of the Brady Handgun Violence 
        Prevention Act (34 U.S.C. 40901);
            ``(B) the system provides the licensee with a unique 
        identification number indicating--
                    ``(i) that the receipt of a firearm or ammunition 
                by such other person would not violate subsection (g) 
                or (n) of this section, or State, local, or Tribal law; 
                and
                    ``(ii) if such other person has not attained 21 
                years of age, that a transfer of a firearm or 
                ammunition to such other person would not violate 
                subsection (d) of this section; and
            ``(C) the licensee has verified the identity of such other 
        person by examining a valid identification document (as defined 
        in section 1028(d) of this title) of such other person 
        containing a photograph of such other person.
    ``(2) Paragraph (1) shall not apply to an ammunition transfer 
between a licensee and another person if--
            ``(A) such other person has presented to the licensee a 
        permit that--
                    ``(i) allows such other person to possess or 
                acquire ammunition, or to possess or acquire a firearm; 
                and
                    ``(ii) was issued not more than 5 years earlier by 
                the State in which the transfer is to take place; and
            ``(B) the law of the State provides that such a permit is 
        to be issued only after an authorized government official has 
        verified that the information available to such official does 
        not indicate that possession of ammunition by such other person 
        would be in violation of law.
    ``(3) Paragraphs (2) and (4) through (7) of subsection (s) shall 
apply with respect to ammunition transfers pursuant to this subsection 
in the same manner in which such paragraphs apply with respect to 
firearm transfers.
    ``(4) It shall be unlawful for a licensed importer, licensed 
manufacturer, or licensed dealer to transfer possession of ammunition 
to another person not so licensed unless--
            ``(A) the licensee has provided such other person with a 
        notice of the prohibition under paragraph (1); and
            ``(B) such other person has certified that such other 
        person has been provided with the notice described in 
        subparagraph (A) on a form prescribed by the Attorney 
        General.''.
    (b) Technical and Conforming Amendments.--
            (1) Section 922.--Section 922(y)(2) of title 18, United 
        States Code, is amended, in the matter preceding subparagraph 
        (A), by striking ``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and 
        inserting ``and (g)(5)(B)''.
            (2) Section 925a.--Section 925A of title 18, United States 
        Code, is amended by striking ``subsection (s) or (t) of section 
        922'' and inserting ``section 922(s)''.
            (3) Section 925b.--Section 925B of title 18, United States 
        Code, is amended by striking ``section 922(t)'' each place it 
        appears and inserting ``section 922(s)''.
            (4) Brady handgun violence prevention act.--Section 103(l) 
        of the Brady Handgun Violence Prevention Act (34 U.S.C. 
        40901(l)) is amended, in the matter preceding paragraph (1), by 
        striking ``(t)'' and inserting ``(s)''.
            (5) Consolidated and further continuing appropriations act, 
        2012.--Section 511 of title V of division B of the Consolidated 
        and Further Continuing Appropriations Act, 2012 (34 U.S.C. 
        40901 note; Public Law 112-55) is amended by striking 
        ``subsection 922(t)'' each place it appears and inserting 
        ``subsection (s) or (t) of section 922''.
            (6) NICS improvement amendments act of 2007.--Section 
        103(f) of the NICS Improvement Amendments Act of 2007 (34 
        U.S.C. 40913(f)) is amended by striking ``922(t)'' and 
        inserting ``922(s)''.
    (c) Rules of Construction.--Nothing in this section, or any 
amendment made by this section, shall be construed to--
            (1) authorize the establishment, directly or indirectly, of 
        a national firearms or ammunition registry; or
            (2) interfere with the authority of a State, under section 
        927 of title 18, United States Code, to enact a law on the same 
        subject matter as this section.
    (d) Authorization of Increased Funding for the NICS System.--In 
addition to any amount otherwise authorized to be appropriated for the 
national instant criminal background check system established under 
section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 
40901), there are authorized to be appropriated not more than 
$150,000,000 for upgrading and maintaining the system.

SEC. 7. REPORTING REQUIREMENT.

    Not later than 180 days after the effective date under section 8 
and annually thereafter, the Director of the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives shall prepare, publish in the Federal 
Register, and otherwise make available to the public a report on the 
violations of subsection (aa) of section 922 of title 18, United States 
Code, as added by section 5, that occurred during the period covered by 
the report, and the information reported pursuant to paragraph (2)(C) 
of such subsection (including geographic data, total sales data, crime 
statistics, information on repeat offenders, or caliber types involved) 
during the period covered by the report, which shall include an 
identification of any trend in the violations or information that 
Federal, State, or local law enforcement agencies may find useful.

SEC. 8. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date that 
is 120 days after the date of enactment of this Act.
                                 <all>
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