II 

113TH CONGRESS 

1ST SESSION S. 1149 

To reauthorize the ban on undetectable firearms, and to extend the ban 

to undetectable firearm receivers and undetectable ammunition magazines. 

IN THE SENATE OF THE UNITED STATES 

JUNE 12, 2013 

Mr. NELSON (for himself and Mr. SCHUMER) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reauthorize the ban on undetectable firearms, and to 

extend the ban to undetectable firearm receivers and 

undetectable ammunition magazines. 

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 ‘‘Undetectable Firearms 

5 Modernization Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds that— 

8 (1) according to data from the Federal Bureau 

9 of Investigation, 8,583 of the 12,664 murders in the 

10 United States in 2011 were committed using a fireVerDate Mar 15 2010 00:08 Jun 18, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1149.IS S1149

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1 arm, and more than 57 percent of the murders that 

2 occurred in New York State were perpetrated with 

3 a firearm; 

4 (2) the ability to produce a receiver for a fire5 arm in the home would circumvent a number of 

6 laws, because the receiver is the component of the 

7 firearm that bears its serial number, as required by 

8 regulations; 

9 (3) digital manufacturing technologies, includ10 ing but not limited to computer numerical control 

11 mills (‘‘CNC mills’’), 3-dimensional printers (‘‘3D 

12 printers’’), and laser cutting machines, are quickly 

13 advancing to a point where it will soon be possible 

14 to fabricate fully operational firearm components; 

15 and 

16 (4) some commercially available products that 

17 utilize digital manufacturing technologies to manu18 facture objects are able to manufacture these objects 

19 using materials that are unable to be detected by 

20 traditional metal detectors, and may not present an 

21 accurate image on an x-ray. 


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1 SEC. 3. REAUTHORIZATION OF BAN ON UNDETECTABLE 

2 FIREARMS. 

3 Section 2(f)(2) of the Undetectable Firearms Act of 

4 1988 (18 U.S.C. 922 note) is amended by striking ‘‘25’’ 

5 and inserting ‘‘35’’. 

6 SEC. 4. BAN EXTENDED TO UNDETECTABLE FIREARM RE7 CEIVERS MADE BY INDIVIDUALS. 

8 Section 922(p) of title 18, United States Code, is 

9 amended— 

10 (1) in paragraph (1)— 

11 (A) in the matter preceding subparagraph 

12 (A), by striking ‘‘It shall be unlawful’’ and all 

13 that follows and inserting ‘‘It shall be unlaw14 ful—’’; and 

15 (B) by striking subparagraphs (A) and (B) 

16 and inserting the following: 

17 ‘‘(A) for any person to manufacture, import, 

18 sell, ship, deliver, possess, transfer, or receive any 

19 firearm— 

20 ‘‘(i) that, after removal of grips, stocks, 

21 and magazines, is not as detectable as the Se22 curity Exemplar, by walk-through metal detec23 tors calibrated and operated to detect the Secu24 rity Exemplar; or 

25 ‘‘(ii) any major component of which, when 

26 subjected to inspection by the types of x-ray 


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1 machines commonly used at airports, does not 

2 generate an image that accurately depicts the 

3 shape of the component, except that barium 

4 sulfate or other compounds may be used in the 

5 fabrication of the component; and 

6 ‘‘(B) for any person— 

7 ‘‘(i) to import, sell, ship, deliver, possess, 

8 transfer, or receive any receiver for a rifle, or 

9 receiver for a handgun, manufactured by a per10 son who is not a licensed manufacturer— 

11 ‘‘(I) that is not as detectable as the 

12 Receiver Security Exemplar for a rifle or 

13 for a handgun, as the case may be, by 

14 walk-through metal detectors calibrated 

15 and operated to detect that Receiver Secu16 rity Exemplar; or 

17 ‘‘(II) which, when subjected to inspec18 tion by the types of x-ray machines com19 monly used at airports, does not generate 

20 an image that accurately depicts the shape 

21 of the receiver, except that barium sulfate 

22 or other compounds may be used in the 

23 fabrication of the receiver; or 

24 ‘‘(ii) who is not a licensed manufacturer to 

25 manufacture any receiver for a rifle, or receiver 


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1 for a handgun, described in subclause (I) or 

2 (II) of clause (i).’’; 

3 (2) in paragraph (2)— 

4 (A) by striking ‘‘and’’ at the end of sub5 paragraph (B); 

6 (B) by striking the period at the end of 

7 subparagraph (C) and inserting ‘‘; and’’; and 

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

9 ‘‘(D) the term ‘Receiver Security Exemplar’ 

10 means, with respect to a rifle or a handgun, an ob11 ject, to be fabricated at the direction of the Attorney 

12 General, that is— 

13 ‘‘(i) constructed of, during the 12-month 

14 period beginning on the date of the enactment 

15 of this subparagraph, 3.7 ounces of material 

16 type 17–4 PH stainless steel in a shape resem17 bling the lower receiver for a rifle or for a 

18 handgun, as the case may be; and 

19 ‘‘(ii) suitable for testing and calibrating 

20 metal detectors: 

21 Provided, however, That at the close of such 12- 

22 month period, and at appropriate times thereafter 

23 the Attorney General shall promulgate regulations to 

24 permit the manufacture, importation, sale, shipment, 

25 delivery, possession, transfer, or receipt of receivers 


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1 for a rifle or receivers for a handgun, that were pre2 viously prohibited under this subparagraph that are 

3 as detectable as the ‘Receiver Security Exemplar’ for 

4 a rifle or for a handgun, as the case may be, which 

5 contains 3.7 ounces of material type 17–4 PH stain6 less steel, in a shape resembling the lower receiver 

7 for a rifle or for a handgun, as the case may be, or 

8 such lesser amount as is detectable in view of ad9 vances in state-of-the-art developments in weapons 

10 detection technology.’’; 

11 (3) in paragraph (3)— 

12 (A) by inserting ‘‘or receiver’’ after ‘‘fire13 arm’’ each place it appears; and 

14 (B) by inserting ‘‘or receivers’’ after ‘‘fire15 arms’’; 

16 (4) in each of paragraphs (4) and (5), by in17 serting ‘‘or receiver’’ after ‘‘firearm’’ each place it 

18 appears; and 

19 (5) in paragraph (6)— 

20 (A) by striking ‘‘with respect to any fire21 arm’’ and inserting the following: ‘‘with respect 

22 to— 

23 ‘‘(A) any firearm’’; 

24 (B) by striking the period and inserting ‘‘; 

25 or’’; and 


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

2 ‘‘(B) any receiver manufactured in, imported 

3 into, or possessed in the United States before the 

4 date of the enactment of the Undetectable Firearms 

5 Modernization Act.’’. 

6 SEC. 5. BAN EXTENDED TO UNDETECTABLE AMMUNITION 

7 MAGAZINES MADE BY INDIVIDUALS. 

8 Section 922(p) of title 18, United States Code, as 

9 amended by section 4 of this Act, is amended— 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘and’’ at the end of sub12 paragraph (A)(ii); 

13 (B) by striking the period at the end of 

14 subparagraph (B)(ii) and inserting ‘‘; and’’; and 

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

16 ‘‘(C) for any person— 

17 ‘‘(i) to import, sell, ship, deliver, possess, 

18 transfer, or receive any ammunition magazine, 

19 manufactured by a person who is not a licensed 

20 manufacturer— 

21 ‘‘(I) that, after removal of the spring 

22 and follower, is not as detectable as the 

23 Magazine Security Exemplar, by walk24 through metal detectors calibrated and opVerDate Mar 15 2010 00:08 Jun 18, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1149.IS S1149

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1 erated to detect the Magazine Security Ex2 emplar; or 

3 ‘‘(II) which, when subjected to inspec4 tion by the types of x-ray machines com5 monly used at airports, does not generate 

6 an image that accurately depicts the shape 

7 of the magazine; or 

8 ‘‘(ii) who is not a licensed manufacturer to 

9 manufacture any ammunition magazine de10 scribed in subclause (I) or (II) of clause (i).’’; 

11 (2) in paragraph (2)— 

12 (A) by striking ‘‘and’’ at the end of sub13 paragraph (C); 

14 (B) by striking the period at the end of 

15 subparagraph (D) and inserting ‘‘; and’’; and 

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

17 ‘‘(E) the term ‘Magazine Security Exemplar’ 

18 means an object, to be fabricated at the direction of 

19 the Attorney General, that is— 

20 ‘‘(i) constructed of, during the 12-month 

21 period beginning on the date of the enactment 

22 of this subparagraph, 1 ounce of material type 

23 17–4 PH stainless steel in a shape resembling 

24 an ammunition magazine; and 


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1 ‘‘(ii) suitable for testing and calibrating 

2 metal detectors: 

3 Provided, however, That at the close of such 12- 

4 month period, and at appropriate times thereafter 

5 the Attorney General shall promulgate regulations to 

6 permit the manufacture, importation, sale, shipment, 

7 delivery, possession, transfer, or receipt of ammuni8 tion magazines previously prohibited under this sub9 paragraph that are as detectable as a ‘Magazine Se10 curity Exemplar’ which contains 1 ounce of material 

11 type 17–4 PH stainless steel, in a shape resembling 

12 an ammunition magazine, or such lesser amount as 

13 is detectable in view of advances in state-of-the-art 

14 developments in weapons detection technology.’’; 

15 (3) in paragraph (3)— 

16 (A) by striking ‘‘firearm or receiver’’ each 

17 place it appears and inserting ‘‘firearm, re18 ceiver, or ammunition magazine’’; and 

19 (B) by striking ‘‘firearms or receivers’’ and 

20 inserting ‘‘firearms, receivers, or ammunition 

21 magazines’’; 

22 (4) in each of paragraphs (4) and (5), by strik23 ing ‘‘firearm or receiver’’ each place it appears and 

24 inserting ‘‘firearm, receiver, or ammunition maga25 zine’’; and 


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1 (5) in paragraph (6)(B), by inserting ‘‘or am2 munition magazine’’ after ‘‘receiver’’. 

Æ 


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