II 

Calendar No. 36 

113TH CONGRESS 

1ST SESSION S. 691 

To regulate large capacity ammunition feeding devices. 

IN THE SENATE OF THE UNITED STATES 

APRIL 9, 2013 

Mr. BLUMENTHAL (for Mr. LAUTENBERG (for himself, Mrs. FEINSTEIN, Mr. 

BLUMENTHAL, Mr. MURPHY, Mr. WHITEHOUSE, Mr. COWAN, Ms. 

HIRONO, Mr. KAINE, Mr. MERKLEY, and Mr. ROCKEFELLER)) introduced the following bill; which was read the first time 

APRIL 10, 2013 

Read the second time and placed on the calendar 

A BILL 

To regulate large capacity ammunition feeding devices. 

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 ‘‘High-Capacity Ammu5 nition Magazine Ban of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 921(a) of title 18, United States Code, is 

8 amended by inserting after paragraph (29) the following: 


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1 ‘‘(30) The term ‘large capacity ammunition feeding 

2 device’— 

3 ‘‘(A) means a magazine, belt, drum, feed strip, 

4 or similar device, including any such device joined or 

5 coupled with another in any manner, that has an 

6 overall capacity of, or that can be readily restored, 

7 changed, or converted to accept, more than 10 

8 rounds of ammunition; and 

9 ‘‘(B) does not include an attached tubular de10 vice designed to accept, and capable of operating 

11 only with, .22 caliber rimfire ammunition. 

12 ‘‘(31) The term ‘qualified law enforcement officer’ 

13 has the meaning given the term in section 926B.’’. 

14 SEC. 3. RESTRICTIONS ON LARGE CAPACITY AMMUNITION 

15 FEEDING DEVICES. 

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

17 States Code, is amended by inserting after subsection (u) 

18 the following: 

19 ‘‘(v)(1) It shall be unlawful for a person to import, 

20 sell, manufacture, transfer, or possess, in or affecting 

21 interstate or foreign commerce, a large capacity ammuni22 tion feeding device. 

23 ‘‘(2) Paragraph (1) shall not apply to the possession 

24 of any large capacity ammunition feeding device otherwise 


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1 lawfully possessed on or before the date of enactment of 

2 the High-Capacity Ammunition Magazine Ban of 2013. 

3 ‘‘(3) Paragraph (1) shall not apply to— 

4 ‘‘(A) the importation for, manufacture for, sale 

5 to, transfer to, or possession by the United States 

6 or a department or agency of the United States or 

7 a State or a department, agency, or political subdivi8 sion of a State, or a sale or transfer to or possession 

9 by a qualified law enforcement officer employed by 

10 the United States or a department or agency of the 

11 United States or a State or a department, agency, 

12 or political subdivision of a State for purposes of law 

13 enforcement (whether on or off duty), or a sale or 

14 transfer to or possession by a campus law enforce15 ment officer for purposes of law enforcement (wheth16 er on or off duty); 

17 ‘‘(B) the importation for, or sale or transfer to 

18 a licensee under title I of the Atomic Energy Act of 

19 1954 for purposes of establishing and maintaining 

20 an on-site physical protection system and security 

21 organization required by Federal law, or possession 

22 by an employee or contractor of such licensee on-site 

23 for such purposes or off-site for purposes of licensee24 authorized training or transportation of nuclear ma25 terials; 


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1 ‘‘(C) the possession, by an individual who is re2 tired in good standing from service with a law en3 forcement agency and is not otherwise prohibited 

4 from receiving ammunition, of a large capacity am5 munition feeding device— 

6 ‘‘(i) sold or transferred to the individual by 

7 the agency upon such retirement; or 

8 ‘‘(ii) that the individual purchased, or oth9 erwise obtained, for official use before such re10 tirement; or 

11 ‘‘(D) the importation, sale, manufacture, trans12 fer, or possession of any large capacity ammunition 

13 feeding device by a licensed manufacturer or licensed 

14 importer for the purposes of testing or experimen15 tation authorized by the Attorney General. 

16 ‘‘(4) For purposes of paragraph (3)(A), the term 

17 ‘campus law enforcement officer’ means an individual who 

18 is— 

19 ‘‘(A) employed by a private institution of higher 

20 education that is eligible for funding under title IV 

21 of the Higher Education Act of 1965 (20 U.S.C. 

22 1070 et seq.); 

23 ‘‘(B) responsible for the prevention or investiga24 tion of crime involving injury to persons or property, 


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1 including apprehension or detention of persons for 

2 such crimes; 

3 ‘‘(C) authorized by Federal, State, or local law 

4 to carry a firearm, execute search warrants, and 

5 make arrests; and 

6 ‘‘(D) recognized, commissioned, or certified by 

7 a government entity as a law enforcement officer.’’. 

8 (b) IDENTIFICATION MARKINGS FOR LARGE CAPAC9 ITY AMMUNITION FEEDING DEVICES.—Section 923(i) of 

10 title 18, United States Code, is amended by adding at the 

11 end the following: ‘‘A large capacity ammunition feeding 

12 device manufactured after the date of enactment of the 

13 High-Capacity Ammunition Magazine Ban of 2013 shall 

14 be identified by a serial number and the date on which 

15 the device was manufactured or made, legibly and con16 spicuously engraved or cast on the device, and such other 

17 identification as the Attorney General shall by regulations 

18 prescribe.’’. 

19 (c) SEIZURE AND FORFEITURE OF LARGE CAPACITY

20 AMMUNITION FEEDING DEVICES.—Section 924(d) of title 

21 18, United States Code, is amended— 

22 (1) in paragraph (1)— 

23 (A) by inserting ‘‘or large capacity ammu24 nition feeding device’’ after ‘‘firearm or ammu25 nition’’ each place the term appears; 


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1 (B) by inserting ‘‘or large capacity ammu2 nition feeding device’’ after ‘‘firearms or ammu3 nition’’ each place the term appears; and 

4 (C) by striking ‘‘or (k)’’ and inserting 

5 ‘‘(k), or (v)’’; 

6 (2) in paragraph (2)(C), by inserting ‘‘or large 

7 capacity ammunition feeding devices’’ after ‘‘fire8 arms or quantities of ammunition’’; and 

9 (3) in paragraph (3)(E), by inserting ‘‘922(v),’’ 

10 after ‘‘922(n),’’. 

11 SEC. 4. PENALTIES. 

12 Section 924(a)(1)(B) of title 18, United States Code, 

13 is amended by striking ‘‘or (q)’’ and inserting ‘‘(q), or 

14 (v)’’. 

15 SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS 

16 FOR LARGE CAPACITY AMMUNITION FEED17 ING DEVICES. 

18 Section 501(a)(1) of the Omnibus Crime Control and 

19 Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1)) is 

20 amended by adding at the end the following: 

21 ‘‘(H) Compensation for surrendered large 

22 capacity ammunition feeding devices, as that 

23 term is defined in section 921 of title 18, 

24 United States Code, under buy-back programs 

25 for large capacity ammunition feeding devices.’’. 


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1 SEC. 6. SEVERABILITY. 

2 If any provision of this Act, an amendment made by 

3 this Act, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act, the amendments made 

6 by this Act, and the application of such provision or 

7 amendment to any person or circumstance shall not be af8 fected thereby. 


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Calendar No. 36 

113TH CONGRESS 

1ST SESSION S. 691 

A BILL 

To regulate large capacity ammunition feeding 

devices. 

APRIL 10, 2013 

Read the second time and placed on the calendar 


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