II 

113TH CONGRESS

1ST SESSION S. 174 

To appropriately restrict sales of ammunition. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 29, 2013 

Mr. BLUMENTHAL (for himself, Mr. MURPHY, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To appropriately restrict sales of ammunition. 

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 Back5 ground Check Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Under current Federal law, it is illegal to 

9 sell firearms or ammunition to certain individuals, 

10 including felons, fugitives, drug addicts, and those 

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1 deemed ‘‘mentally defective’’ or committed to a men2 tal institution. 

3 (2) There is no requirement under Federal law 

4 that sellers of ammunition conduct a background 

5 check to determine whether potential purchasers are 

6 in fact prohibited by law from buying ammunition. 

7 (3) By contrast, under current Federal law, li8 censed sellers of firearms are required by law to con9 duct an instant background check using the Na10 tional Instant Criminal Background Check System 

11 of the Justice Department. 

12 (4) Over the last decade, there have been over 

13 100,000,000 background checks conducted under 

14 the National Instant Criminal Background Check 

15 System with respect to firearms sales, resulting in 

16 the blocking of more than 1,500,000 sales of fire17 arms to felons, fugitives, drug addicts, and the men18 tally ill, among others. 

19 (5) The vast majority of instant background 

20 checks on firearms purchases occur in an average of 

21 30 seconds, at minimal inconvenience to firearms 

22 sellers and law-abiding purchasers. 

23 (6) The requirement of background checks for 

24 ammunition purchases would pose a minimal inconmstockstill on DSK4VPTVN1PROD with BILLS

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1 venience to ammunition sellers and law-abiding pur2 chasers, and would help reduce gun-related violence. 

3 (7) Current Federal law includes a variety of 

4 other provisions regulating the sale of firearms, in5 cluding limits on interstate gun sales and record6 keeping requirements designed to assist in criminal 

7 investigations, that do not apply to sales of ammuni8 tion. 

9 (8) Sales of ammunition should be held to simi10 lar requirements as sales of firearms. 

11 SEC. 3. BACKGROUND CHECKS. 

12 (a) REQUIRING BACKGROUND CHECKS FOR PUR13 CHASES OF AMMUNITION.— 

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

15 United States Code, is amended by inserting after 

16 subsection (u) the following: 

17 ‘‘(v)(1) On and after the date that is 180 days after 

18 the date of enactment of the Ammunition Background 

19 Check Act of 2013, no person who is licensed under this 

20 chapter shall transfer ammunition to any other person 

21 who is not licensed under this chapter, unless— 

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

23 licensee contacts the national instant criminal back24 ground check system established under section 103 

25 of the Brady Handgun Violence Prevention Act; 

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1 ‘‘(B)(i) the system provides the licensee with a 

2 unique identification number; or 

3 ‘‘(ii) 3 business days (meaning a day on which 

4 State offices are open) have elapsed since the li5 censee contacted the system, and the system has not 

6 notified the licensee that the receipt of a firearm by 

7 such other person would violate subsection (g) or (n) 

8 of this section; and 

9 ‘‘(C) the transferor has verified the identity of 

10 the transferee by examining a valid identification 

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

12 of the transferee containing a photograph of the 

13 transferee. 

14 ‘‘(2) If receipt of ammunition would not violate sub15 section (g) or (n) or State law, the system shall— 

16 ‘‘(A) assign a unique identification number to 

17 the transfer; 

18 ‘‘(B) provide the licensee with the number; and 

19 ‘‘(C) destroy all records of the system with re20 spect to the call (other than the identifying number 

21 and the date the number was assigned) and all 

22 records of the system relating to the person or the 

23 transfer. 

24 ‘‘(3) Paragraph (1) shall not apply to an ammunition 

25 transfer between a licensee and another person if— 

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1 ‘‘(A)(i) such other person has presented to the 

2 licensee a permit that— 

3 ‘‘(I) allows such other person to possess or 

4 acquire ammunition; and 

5 ‘‘(II) was issued not more than 5 years 

6 earlier by the State in which the transfer is to 

7 take place; and 

8 ‘‘(ii) the law of the State provides that such a 

9 permit is to be issued only after an authorized gov10 ernment official has verified that the information 

11 available to such official does not indicate that pos12 session of a firearm or ammunition by such other 

13 person would be in violation of law; 

14 ‘‘(B) the Attorney General has approved the 

15 transfer under section 5812 of the Internal Revenue 

16 Code of 1986; or 

17 ‘‘(C) on application of the transferor, the Attor18 ney General has certified that compliance with para19 graph (1)(A) is impracticable because— 

20 ‘‘(i) the ratio of the number of law enforce21 ment officers of the State in which the transfer 

22 is to occur to the number of square miles of 

23 land area of the State does not exceed 0.0025; 

24 ‘‘(ii) the business premises of the licensee 

25 at which the transfer is to occur are extremely 

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1 remote in relation to the chief law enforcement 

2 officer (as defined in subsection (s)(8)); and 

3 ‘‘(iii) there is an absence of telecommuni4 cations facilities in the geographical area in 

5 which the business premises are located. 

6 ‘‘(4) If the national instant criminal background 

7 check system notifies any person licensed under this chap8 ter that the information available to the system does not 

9 demonstrate that the receipt of ammunition by such other 

10 person would violate subsection (g) or (n) or State law, 

11 and the licensee transfers ammunition to such other per12 son, the seller shall include in the record of the transfer 

13 the unique identification number provided by the system 

14 with respect to the transfer. 

15 ‘‘(5) If any person licensed under this chapter know16 ingly transfers ammunition to another person and know17 ingly fails to comply with paragraph (1) of this subsection 

18 with respect to the transfer and, at the time such other 

19 person most recently proposed the transfer, the national 

20 instant criminal background check system was operating 

21 and information was available to the system dem22 onstrating that receipt of ammunition by such other per23 son would violate subsection (g) or (n) of this section or 

24 State law, the Attorney General may, after notice and op25 portunity for a hearing, suspend for not more than 6 

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1 months or revoke any license issued to the person under 

2 section 923, and may impose on the person a civil fine 

3 of not more than $5,000 for a first violation, $25,000 for 

4 a second violation, and $100,000 for any subsequent viola5 tion. 

6 ‘‘(6) Neither a local government nor an employee of 

7 the Federal Government or of any State or local govern8 ment, responsible for providing information to the national 

9 instant criminal background check system shall be liable 

10 in an action at law for damages— 

11 ‘‘(A) for failure to prevent the sale or transfer 

12 of ammunition to a person whose receipt or posses13 sion of the ammunition is unlawful under this sec14 tion; or 

15 ‘‘(B) for preventing such a sale or transfer to 

16 a person who may lawfully receive or possess ammu17 nition.’’. 

18 (2) REGULATIONS RELATING TO RETENTION

19 AND DESTRUCTION OF RECORDS IN SYSTEM.—In 

20 promulgating regulations to carry out subsection 

21 (v)(2)(C) of section 922 of title 18, United States 

22 Code, as added by this Act, the Attorney General 

23 shall ensure that the records described in such sub24 section are destroyed not later than 3 business days 

25 after the date on which a licensee is notified that a 

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1 transfer of ammunition may proceed under such sec2 tion. 

3 (3) CONFORMING AMENDMENTS.— 

4 (A) TITLE 18.—Section 922 of title 18, 

5 United States Code, is amended— 

6 (i) in subsection (c)— 

7 (I) in the matter preceding para8 graph (1), by inserting ‘‘or ammuni9 tion’’ after ‘‘sell a firearm’’; 

10 (II) in paragraph (1)— 

11 (aa) by inserting ‘‘or ammu12 nition’’ after ‘‘a firearm’’; 

13 (bb) by inserting ‘‘or ammu14 nition’’ after ‘‘this firearm’’; and 

15 (cc) by inserting ‘‘or ammu16 nition’’ after ‘‘the firearm’’; and 

17 (III) in paragraph (2), by insert18 ing ‘‘or ammunition’’ after ‘‘firearm’’ 

19 each place it appears. 

20 (ii) in subsection (d), in the matter 

21 following paragraph (9), by adding at the 

22 end, the following: ‘‘Any person who is li23 censed under this chapter and who sells 

24 ammunition to any of the persons de25 scribed in paragraph (1) through (9) after 

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1 failing to comply with the requirements of 

2 section 922(v) of title 18, United States 

3 Code, shall be deemed to have acted know4 ingly with respect to this subsection.’’. 

5 (B) PENALTY.—Section 924(a)(5) of title 

6 18, United States Code, is amended by striking 

7 ‘‘or (t)’’ and inserting ‘‘, (t), or (v)’’. 

8 (C) BRADY HANDGUN VIOLENCE PREVEN9 TION ACT.—Section 103 of the Brady Handgun 

10 Violence Prevention Act (18 U.S.C. 922 note) is 

11 amended— 

12 (i) by inserting ‘‘or ammunition’’ after 

13 ‘‘firearm’’ each place it appears; 

14 (ii) in subsection (i), in the subsection 

15 heading, by inserting ‘‘OR AMMUNITION’’ 

16 after ‘‘FIREARMS’’; and 

17 (iii) in subsection (j)(2), inserting 

18 ‘‘ ‘ammunition’,’’ after ‘‘The terms’’. 

19 (b) AMMUNITION TRANSFERS.— 

20 (1) IN GENERAL.—Chapter 44 of title 18, 

21 United States Code, is amended by adding at the 

22 end the following: 

23 ‘‘§ 932. Background checks for ammunition transfers 

24 by unlicensed persons 

25 ‘‘(a) DEFINITIONS.—In this section— 

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1 ‘‘(1) the term ‘unlicensed transferee’ means a 

2 person who— 

3 ‘‘(A) is not licensed under this chapter; 

4 and 

5 ‘‘(B) desires to received ammunition from 

6 an unlicensed transferor; and 

7 ‘‘(2) the term ‘unlicensed transferor’ means a 

8 person who— 

9 ‘‘(A) is not licensed under this chapter; 

10 and 

11 ‘‘(B) desires to transfer ammunition to an 

12 unlicensed transferee. 

13 ‘‘(b) PROHIBITION.— 

14 ‘‘(1) IN GENERAL.—It shall be unlawful for an 

15 unlicensed transferee to knowingly transfer ammuni16 tion to an unlicensed transferor and knowingly fail 

17 to obtain a background check conducted by a li18 censed dealer in accordance with subsection (d) with 

19 respect to the transfer. 

20 ‘‘(2) CRIMINAL PENALTY.—An unlicensed 

21 transferee who violates paragraph (1) shall be fined 

22 under this title, imprisoned for not more than 1 

23 year, or both. 

24 ‘‘(c) CIVIL PENALTY.—If any unlicensed transferee 

25 knowingly transfers ammunition to an unlicensed transmstockstill on DSK4VPTVN1PROD with BILLS

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1 feror and knowingly fails to obtain a background check 

2 conducted by a licensed dealer in accordance with sub3 section (d) with respect to the transfer and, at the time 

4 such unlicensed transferor most recently proposed the 

5 transfer, the national instant criminal background check 

6 system was operating and information was available to the 

7 system demonstrating that receipt of ammunition by such 

8 unlicensed transferor would violate subsection (g) or (n) 

9 of section 922 or State law, the Attorney General may, 

10 after notice and opportunity for a hearing, impose on the 

11 unlicensed transferee a civil fine of not more than $5,000 

12 for a first violation, $25,000 for a second violation, and 

13 $100,000 for any subsequent violation. 

14 ‘‘(d) BACKGROUND CHECKS THROUGH LICENSED

15 DEALERS.—A licensed dealer who agrees to assist in the 

16 transfer of ammunition between an unlicensed transferor 

17 and an unlicensed transferee shall— 

18 ‘‘(1) enter such information about the ammuni19 tion as the Attorney General may require by regula20 tion into a separate bound record; 

21 ‘‘(2) record the transfer on a form specified by 

22 the Attorney General; 

23 ‘‘(3) comply with section 922(v) as if transfer24 ring the ammunition from the inventory of the li25 censed dealer to the unlicensed transferee (except 

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1 that a licensed dealer assisting in the transfer of 

2 ammunition under this subsection shall not be re3 quired to comply again with the requirements of sec4 tion 922(v) in delivering the ammunition to the unli5 censed transferee) and notify the unlicensed trans6 feror and unlicensed transferee— 

7 ‘‘(A) of such compliance; and 

8 ‘‘(B) if the transfer is subject to the re9 quirements of section 922(v)(1), of any receipt 

10 by the licensed dealer of a notification from the 

11 national instant criminal background check sys12 tem that the transfer would violate section 922 

13 or State law; 

14 ‘‘(4) not later than 31 days after the date on 

15 which the transfer occurs, submit to the Attorney 

16 General a report of the transfer, which— 

17 ‘‘(A) shall be on a form specified by the 

18 Attorney General by regulation; and 

19 ‘‘(B) shall not include the name of or other 

20 identifying information relating to the unli21 censed transferor or unlicensed transferee; 

22 ‘‘(5) if the licensed dealer assists an unlicensed 

23 transferor in transferring, at the same time or dur24 ing any 5 consecutive business days, 1,000 or more 

25 rounds of ammunition, to the same unlicensed transmstockstill on DSK4VPTVN1PROD with BILLS

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1 feree, in addition to the reports required under para2 graph (4), prepare a report of the multiple transfers, 

3 which shall— 

4 ‘‘(A) be prepared on a form specified by 

5 the Attorney General; and 

6 ‘‘(B) not later than the close of business 

7 on the date on which the transfer requiring the 

8 report under this paragraph occurs, be sub9 mitted to— 

10 ‘‘(i) the office specified on the form 

11 described in subparagraph (A); and 

12 ‘‘(ii) the appropriate State law en13 forcement agency of the jurisdiction in 

14 which the transfer occurs; and 

15 ‘‘(6) retain a record of the transfer as part of 

16 the permanent business records of the licensed deal17 er.’’. 

18 (2) CONFORMING AMENDMENT.—The table of 

19 sections for chapter 44 of title 18, United States 

20 Code, is amended by adding at the end the fol21 lowing: 

‘‘932. Background checks for ammunition transfers by unlicensed persons.’’. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Attorney General 

24 such sums as are necessary— 

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1 (1) to ensure that the national instant criminal 

2 background check system operates as quickly and ef3 fectively as it did before the enactment of this Act; 

4 and 

5 (2) for the cost of implementing and enforcing 

6 the amendments made by this Act, including audits 

7 and other regulatory or enforcement efforts. 

8 SEC. 4. REGULATORY REQUIREMENTS. 

9 (a) REQUIRING RECORDKEEPING FOR AMMUNITION

10 SALES.—Section 922(b)(5) of title 18, United States 

11 Code, is amended by striking ‘‘or armor-piercing ammuni12 tion’’ and inserting ‘‘or ammunition’’. 

13 (b) NO AMMUNITION SALES CONTRARY TO STATE

14 LAW.—Section 922(b)(2) of title 18, United States Code, 

15 is amended— 

16 (1) by inserting ‘‘or ammunition’’ after ‘‘any 

17 firearm’’; and 

18 (2) by inserting ‘‘or ammunition’’ after ‘‘such 

19 firearm’’. 

20 (c) NO INTERSTATE AMMUNITION SALES.— 

21 (1) IN GENERAL.—Section 922(b)(3) of title 

22 18, United States Code, is amended— 

23 (A) by inserting ‘‘or ammunition’’ after 

24 ‘‘any firearm’’; and 

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1 (B) by striking ‘‘rifle or shotgun’’ and in2 serting ‘‘ammunition, rifle, or shotgun’’. 

3 (2) OTHER PROVISIONS.—Section 922(a) is 

4 amended— 

5 (A) in paragraph (3) by inserting ‘‘or am6 munition’’ after ‘‘firearm’’ each place it ap7 pears; and 

8 (B) in paragraph (5), by inserting ‘‘or am9 munition’’ after ‘‘firearm’’ each place it appears 

10 except the last place it appears. 

11 (d) REPORTING.— 

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

13 United States Code, is amended— 

14 (A) in paragraph (1)(A)— 

15 (i) in the first sentence, by inserting 

16 ‘‘or ammunition’’ after ‘‘other disposition 

17 of firearms’’; and 

18 (ii) in the third sentence, by striking 

19 ‘‘, or any licensed importer or manufac20 turer of ammunition,’’ and inserting ‘‘, or 

21 any licensed importer, manufacturer, or 

22 dealer of ammunition,’’; 

23 (B) in paragraph (2)— 

24 (i) by inserting ‘‘or ammunition’’ after 

25 ‘‘disposition of firearms’’; and 

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1 (ii) by inserting ‘‘or ammunition’’ 

2 after ‘‘a firearm’’; 

3 (C) in paragraph (3), by adding at the end 

4 the following: 

5 ‘‘(C)(i) Each licensee shall prepare a report of mul6 tiple sales or other dispositions whenever the licensee sells 

7 or otherwise disposes of, at one time or during any 5 con8 secutive business days, a large quantity of ammunition (as 

9 determined in accordance with clause (ii)) to an unlicensed 

10 person. The report shall be prepared on a form specified 

11 by the Attorney General and forwarded to the office speci12 fied thereon and to the department of State police or State 

13 law enforcement agency of the State and, where feasible, 

14 the local law enforcement agency of the local jurisdiction 

15 in which the sale or other disposition took place, not later 

16 than the close of business on the day that the multiple 

17 sale or other disposition occurs. 

18 ‘‘(ii) The Attorney General shall determine the quan19 tity of ammunition that constitutes a large quantity for 

20 the purpose of this subparagraph, the quantity of which— 

21 ‘‘(I) shall be based on the Attorney General’s 

22 determination of the quantity that indicates an in23 tent to engage in any type of criminal activity; 

24 ‘‘(II) may be modified by the Attorney General 

25 from time to time; and 

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1 ‘‘(III) may vary by geographic area if the At2 torney General determines that it is appropriate to 

3 assist law enforcement efforts.’’; 

4 (D) in paragraph (6)— 

5 (i) by inserting ‘‘or a significant quan6 tity of ammunition,’’ after ‘‘theft or loss of 

7 a firearm’’; and 

8 (ii) by adding at the end the fol9 lowing: ‘‘Not later than 60 days after the 

10 date of enactment of the Ammunition 

11 Background Check Act of 2013, the Attor12 ney General shall promulgate rules defin13 ing ‘significant quantity’ for the purpose of 

14 this paragraph.’’; and 

15 (E) in paragraph (7), by inserting ‘‘or any 

16 quantity of ammunition’’ after ‘‘1 or more fire17 arms’’; and 

18 (2) CONFORMING AMENDMENT.—Section 

19 4182(d) of the Internal Revenue Code of 1986 (re20 lating to exemptions relating to firearms) is amend21 ed by inserting ‘‘and except as provided in para22 graphs (1)(A) and (3)(C) of section 923(g) of title 

23 18, United States Code,’’ before ‘‘no person holding 

24 a Federal license’’. 

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1 (e) MAKING IT A CRIME TO STEAL AMMUNITION.— 

2 Section 922(u) of title 18, United States Code, is amend3 ed— 

4 (1) by inserting ‘‘or ammunition’’ after ‘‘in fire5 arms’’; and 

6 (2) by inserting ‘‘or ammunition’’ after ‘‘any 

7 firearm’’. 

8 (f) KEEPING AMMUNITION OUT OF THE HANDS OF

9 JUVENILES.—Section 922(x) of title 18, United States 

10 Code, is amended— 

11 (1) in paragraph (1)(B), by striking ‘‘only’’; 

12 and 

13 (2) in paragraph (2)(B), by striking ‘‘only’’. 

14 (g) LICENSING OF AMMUNITION DEALERS.— 

15 (1) IN GENERAL.—Section 923(a) of title 18, 

16 United States Code, is amended in the matter pre17 ceding paragraph (1), by striking ‘‘, or importing or 

18 manufacturing’’ and inserting ‘‘or’’. 

19 (2) DEFINITIONS.—Section 921(a) of title 18, 

20 United States Code is amended— 

21 (A) in paragraph (11)(A), by inserting ‘‘or 

22 ammunition’’ after ‘‘firearms’’; 

23 (B) in paragraph (12), by inserting ‘‘or 

24 ammunition’’ after ‘‘any firearm’’; and 

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1 (C) in paragraph (13), by inserting ‘‘or 

2 ammunition’’ after ‘‘firearms’’. 

3 SEC. 5. ARMOR-PIERCING AND INCENDARY AMMUNITION. 

4 (a) EXPANDING DEFINITION OF ARMOR-PIERCING

5 BULLETS.—Section 921(a)(17)(B) of title 18, United 

6 States Code, is amended— 

7 (1) in clause (i), by striking ‘‘or’’ at the end; 

8 (2) in clause (ii), by striking the period at the 

9 end and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(iii) a bullet or projectile which is coated with 

12 Teflon or any chemical compound with properties 

13 similar to Teflon.’’. 

14 (b) BANNING INCENDIARY AMMUNITION.— 

15 (1) DEFINITION.—Section 921(a) of title 18, 

16 United States Code, is amended by adding at the 

17 end the following: 

18 ‘‘(36) The term ‘incendiary ammunition’— 

19 ‘‘(A) means a bullet that is designed for 

20 the purpose of, held out by the manufacturer or 

21 distributor as, or generally recognized as having 

22 a specialized capability to ignite upon impact; 

23 and 

24 ‘‘(B) includes such bullets commonly des25 ignated as ‘M1 Incendiary’, ‘M23 Incendiary’, 

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1 ‘M8 Armor-Piercing Incendiary’, ‘API’, ‘M20 

2 Armor-Piercing Incendiary Tracer’, or 

3 ‘APIT’.’’. 

4 (2) PROHIBITION.—Chapter 44 of title 18, 

5 United States Code, is amended— 

6 (A) by inserting ‘‘or incendiary ammuni7 tion’’ after ‘‘armor piercing ammunition’’ each 

8 place it appears, except— 

9 (i) in section 921; and 

10 (ii) in section 923(k); 

11 (B) in section 922(b)(5), by inserting ‘‘or 

12 incendiary ammunition’’ after ‘‘armor-piercing 

13 ammunition’’; and 

14 (C) in section 923(k)— 

15 (i) by inserting ‘‘, incendiary projec16 tiles, and’’ after ‘‘armor piercing projec17 tiles’’; and 

18 (ii) by inserting ‘‘or incendiary ammu19 nition as defined in section 921(a)(36)’’ 

20 before the period at the end. 

21 (c) PROHIBITION ON POSSESSION AND TRANSFER.— 

22 Section 922(a)(7) of title 18, United States Code, is 

23 amended— 

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1 (1) in the matter proceeding subparagraph (A), 

2 by striking ‘‘or import’’ and inserting ‘‘import, 

3 transfer, or possess’’; 

4 (2) in subparagraph (A)— 

5 (A) by inserting ‘‘, transfer, or possession’’ 

6 after ‘‘manufacture’’; and 

7 (B) by inserting ‘‘or the transfer or posses8 sion of such ammunition relates to use on be9 half of’’ after ‘‘for the use of’’; 

10 (3) in subparagraph (B), by inserting ‘‘, trans11 fer, or possession’’ after ‘‘manufacture’’; and 

12 (4) in subparagraph (C), by inserting ‘‘, trans13 fer, or possession’’ after ‘‘manufacture’’. 

14 (d) GRANDFATHERING OF CONTINUED POSSESSION

15 OF AMMUNITION.— 

16 (1) IN GENERAL.—The amendments made by 

17 this section shall not apply to the possession of any 

18 armor piercing ammunition (as defined in section 

19 921(a)(17)(B) of title 18, United States Code, as 

20 amended by subsection (a)), or incendiary ammuni21 tion (as defined in section 921(a)(36) of title 18, 

22 United States Code, as added by subsection (b)) oth23 erwise lawfully possessed under Federal law on the 

24 date of enactment of this Act. 

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1 (2) NO TRANSFER, SALE, OR DELIVERY.—Noth2 ing in paragraph (1) shall be construed to authorize 

3 the transfer, sale, or delivery of any armor piercing 

4 ammunition or incendiary ammunition described in 

5 paragraph (1). 

Æ 

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