II 

115TH CONGRESS 

2D SESSION S. 2470 

To amend title 18, United States Code, to prohibit the purchase of certain 

firearms by individuals under 21 years of age, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2018 

Mr. FLAKE (for himself and Mrs. FEINSTEIN) 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 prohibit the purchase of certain firearms by individuals under 21 years 

of age, and for other purposes. 

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 ‘‘Age 21 Act’’. 

5 SEC. 2. PROHIBITION ON PURCHASE OF CERTAIN FIRE6 ARMS BY INDIVIDUALS UNDER 21 YEARS OF 

7 AGE. 

8 (a) DEFINITIONS.—Section 921(a) of title 18, United 

9 States Code, is amended— 


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1 (1) by inserting after paragraph (29) the fol2 lowing: 

3 ‘‘(30) The term ‘semiautomatic pistol’ means any re4 peating pistol that— 

5 ‘‘(A) utilizes a portion of the energy of a firing 

6 cartridge to extract the fired cartridge case and 

7 chamber the next round; and 

8 ‘‘(B) requires a separate pull of the trigger to 

9 fire each cartridge. 

10 ‘‘(31) The term ‘semiautomatic shotgun’ means any 

11 repeating shotgun that— 

12 ‘‘(A) utilizes a portion of the energy of a firing 

13 cartridge to extract the fired cartridge case and 

14 chamber the next round; and 

15 ‘‘(B) requires a separate pull of the trigger to 

16 fire each cartridge.’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(36) The term ‘semiautomatic assault weapon’ 

19 means any of the following, regardless of country of manu20 facture or caliber of ammunition accepted: 

21 ‘‘(A) A semiautomatic rifle that has the capac22 ity to accept a detachable magazine and any one of 

23 the following: 

24 ‘‘(i) A pistol grip. 

25 ‘‘(ii) A forward grip. 


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1 ‘‘(iii) A folding, telescoping, or detachable 

2 stock. 

3 ‘‘(iv) A grenade launcher or rocket launch4 er. 

5 ‘‘(v) A barrel shroud. 

6 ‘‘(vi) A threaded barrel. 

7 ‘‘(B) A semiautomatic rifle that has a fixed 

8 magazine with the capacity to accept more than 10 

9 rounds, except for an attached tubular device de10 signed to accept, and is capable of operating only 

11 with, .22 caliber rimfire ammunition. 

12 ‘‘(C) Any part, combination of parts, compo13 nent, device, attachment, or accessory that is de14 signed or functions to accelerate the rate of fire of 

15 a semiautomatic rifle but not convert the semiauto16 matic rifle into a machinegun. 

17 ‘‘(D) A semiautomatic pistol that has the ca18 pacity to accept a detachable magazine and any one 

19 of the following: 

20 ‘‘(i) A threaded barrel. 

21 ‘‘(ii) A second pistol grip. 

22 ‘‘(iii) A barrel shroud. 

23 ‘‘(iv) The capacity to accept a detachable 

24 magazine at some location outside of the pistol 

25 grip. 


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1 ‘‘(E) A semiautomatic version of an automatic 

2 firearm. 

3 ‘‘(F) A semiautomatic pistol with a fixed maga4 zine that has the capacity to accept more than 10 

5 rounds. 

6 ‘‘(G) A semiautomatic shotgun that has any 

7 one of the following: 

8 ‘‘(i) A folding, telescoping, or detachable 

9 stock. 

10 ‘‘(ii) A pistol grip. 

11 ‘‘(iii) A fixed magazine with the capacity to 

12 accept more than 5 rounds. 

13 ‘‘(iv) The ability to accept a detachable 

14 magazine. 

15 ‘‘(v) A forward grip. 

16 ‘‘(vi) A grenade launcher or rocket launch17 er. 

18 ‘‘(H) Any shotgun with a revolving cylinder. 

19 ‘‘(I) All belt-fed semiautomatic firearms. 

20 ‘‘(J) Any combination of parts from which a 

21 firearm described in subparagraphs (A) through (I) 

22 can be assembled. 

23 ‘‘(K) The frame or receiver of a rifle or shotgun 

24 described in subparagraph (A), (B), (C), (E), (G), 

25 (H), or (I). 


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1 ‘‘(37) 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 be capable of operating 

11 only with, .22 caliber rimfire ammunition. 

12 ‘‘(38) The term ‘barrel shroud’— 

13 ‘‘(A) means a shroud that is attached to, or 

14 partially or completely encircles, the barrel of a fire15 arm so that the shroud protects the user of the fire16 arm from heat generated by the barrel; and 

17 ‘‘(B) does not include— 

18 ‘‘(i) a slide that partially or completely en19 closes the barrel; or 

20 ‘‘(ii) an extension of the stock along the 

21 bottom of the barrel which does not encircle or 

22 substantially encircle the barrel. 

23 ‘‘(39) The term ‘detachable magazine’ means an am24 munition feeding device that can be removed from a fire25 arm without disassembly of the firearm action. 


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1 ‘‘(40) The term ‘fixed magazine’ means an ammuni2 tion feeding device that is permanently fixed to the firearm 

3 in such a manner that it cannot be removed without dis4 assembly of the firearm. 

5 ‘‘(41) The term ‘folding, telescoping, or detachable 

6 stock’ means a stock that folds, telescopes, detaches or 

7 otherwise operates to reduce the length, size, or any other 

8 dimension, or otherwise enhances the concealability, of a 

9 firearm. 

10 ‘‘(42) The term ‘forward grip’ means a grip located 

11 forward of the trigger that functions as a pistol grip. 

12 ‘‘(43) The term ‘rocket’ means any simple or complex 

13 tubelike device containing combustibles that on being ig14 nited liberate gases whose action propels the tube through 

15 the air and has a propellant charge of not more than 4 

16 ounces. 

17 ‘‘(44) The term ‘grenade launcher or rocket launcher’ 

18 means an attachment for use on a firearm that is designed 

19 to propel a grenade, rocket, or other similar destructive 

20 device. 

21 ‘‘(45) The term ‘pistol grip’ means, with respect to 

22 a shotgun or rifle, a pistol style grip, including a thumb23 hole stock or any other characteristic that can function 

24 as a pistol style grip. 


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1 ‘‘(46) The term ‘threaded barrel’ means a feature or 

2 characteristic that is designed in such a manner to allow 

3 for the attachment of a device such as a firearm silencer 

4 or a flash suppressor. 

5 ‘‘(47) The term ‘belt-fed semiautomatic firearm’ 

6 means any repeating firearm that— 

7 ‘‘(A) utilizes a portion of the energy of a firing 

8 cartridge to extract the fired cartridge case and 

9 chamber the next round; 

10 ‘‘(B) requires a separate pull of the trigger to 

11 fire each cartridge; and 

12 ‘‘(C) has the capacity to accept a belt ammuni13 tion feeding device.’’. 

14 (b) PROHIBITION.—Chapter 44 of title 18, United 

15 States Code, is amended— 

16 (1) in section 922— 

17 (A) in subsection (b)— 

18 (i) in paragraph (1)— 

19 (I) by inserting ‘‘(A)’’ after 

20 ‘‘(1)’’; and 

21 (II) by inserting ‘‘or’’ after the 

22 semicolon; and 

23 (ii) by adding at the end the fol24 lowing: 


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1 ‘‘(B) any large capacity ammunition feeding de2 vice to any individual who the licensee knows or has 

3 reasonable cause to believe is less than 21 years of 

4 age;’’; 

5 (B) in subsection (c)(1), by inserting ‘‘a 

6 large capacity ammunition feeding device or’’ 

7 before ‘‘any firearm other than’’; and 

8 (C) in subsection (x)— 

9 (i) in paragraph (1), by striking ‘‘a 

10 juvenile—’’ and all that follows through 

11 ‘‘handgun.’’ and inserting the following: 

12 ‘‘less than 21 years of age— 

13 ‘‘(A) a handgun; 

14 ‘‘(B) a semiautomatic assault weapon; 

15 ‘‘(C) a large capacity ammunition feeding de16 vice; or 

17 ‘‘(D) ammunition that is suitable for use only 

18 in a handgun or semiautomatic assault weapon.’’; 

19 (ii) in paragraph (2), by striking ‘‘a 

20 juvenile’’ and all that follows through 

21 ‘‘handgun.’’ and inserting the following: 

22 ‘‘less than 21 years of age to knowingly 

23 possess— 

24 ‘‘(A) a handgun; 

25 ‘‘(B) a semiautomatic assault weapon; 


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1 ‘‘(C) a large capacity ammunition feeding de2 vice; or 

3 ‘‘(D) ammunition that is suitable for use only 

4 in a handgun or semiautomatic assault weapon.’’; 

5 (iii) by striking paragraphs (3), (4), 

6 and (5) and inserting the following: 

7 ‘‘(3) This subsection does not apply to— 

8 ‘‘(A) a temporary transfer of a covered firearm 

9 or covered ammunition to a person who is less than 

10 21 years of age or to the possession or use of a cov11 ered firearm or covered ammunition by a person who 

12 is less than 21 years of age if the covered firearm 

13 or covered ammunition is possessed and used by the 

14 person— 

15 ‘‘(i) in the course of employment, in the 

16 course of ranching or farming related to activi17 ties at the residence of the person (or on prop18 erty used for ranching or farming at which the 

19 person, with the permission of the property 

20 owner or lessee, is performing activities related 

21 to the operation of the farm or ranch), target 

22 practice, hunting, or a course of instruction in 

23 the safe and lawful use of a covered firearm; 

24 ‘‘(ii) with the prior written consent of the 

25 person’s parent or guardian who is not prohibVerDate Sep 11 2014 02:03 Mar 06, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2470.IS S2470

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1 ited by Federal, State, or local law from pos2 sessing a firearm, except— 

3 ‘‘(I) during transportation by the per4 son of an unloaded covered firearm in a 

5 locked container directly from the place of 

6 transfer to a place at which an activity de7 scribed in clause (i) is to take place and 

8 transportation by the person of that cov9 ered firearm, unloaded and in a locked 

10 container, directly from the place at which 

11 such an activity took place to the trans12 feror; or 

13 ‘‘(II) with respect to ranching or 

14 farming activities as described in clause 

15 (i), a person who is less than 21 years of 

16 age may possess and use a covered firearm 

17 or covered ammunition with the prior writ18 ten approval of the person’s parent or legal 

19 guardian and at the direction of an adult 

20 who is not prohibited by Federal, State or 

21 local law from possessing a firearm; 

22 ‘‘(iii) the person has the prior written con23 sent in the person’s possession at all times 

24 when a covered firearm or covered ammunition 

25 is in the possession of the person; and 


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1 ‘‘(iv) in accordance with State and local 

2 law; 

3 ‘‘(B) a person who is less than 21 years of age 

4 who is a member of the Armed Forces of the United 

5 States or the National Guard who possesses or is 

6 armed with a covered firearm or covered ammunition 

7 in the line of duty; 

8 ‘‘(C) a transfer by inheritance of title (but not 

9 possession) of a covered firearm or covered ammuni10 tion to a person who is less than 21 years of age; 

11 or 

12 ‘‘(D) the possession of a covered firearm or cov13 ered ammunition by a person who is less than 21 

14 years of age taken in defense of the person or other 

15 individuals against an intruder into the residence of 

16 the person or a residence in which the person is an 

17 invited guest. 

18 ‘‘(4) A covered firearm or covered ammunition, the 

19 possession of which is transferred to a person who is less 

20 than 21 years of age in circumstances in which the trans21 feror is not in violation of this subsection shall not be sub22 ject to permanent confiscation by the Government if its 

23 possession by the person who is less than 21 years of age 

24 subsequently becomes unlawful because of the conduct of 

25 the person who is less than 21 years of age, but shall be 


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1 returned to the lawful owner when such covered firearm 

2 or covered ammunition is no longer required by the Gov3 ernment for the purposes of investigation or prosecution. 

4 ‘‘(5) For purposes of this subsection— 

5 ‘‘(A) the term ‘covered ammunition’ means am6 munition that is suitable for use only in a handgun 

7 or a semiautomatic assault weapon; and 

8 ‘‘(B) the term ‘covered firearm’ means— 

9 ‘‘(i) a handgun; 

10 ‘‘(ii) a semiautomatic assault weapon; or 

11 ‘‘(iii) a large capacity ammunition feeding 

12 device.’’; and 

13 (iv) in paragraph (6)— 

14 (I) in subparagraph (A), by strik15 ing ‘‘a juvenile defendant’s parent or 

16 legal guardian’’ and inserting ‘‘the 

17 parent or legal guardian of a defend18 ant who is less than 21 years of age’’; 

19 and 

20 (II) in subparagraph (C), by 

21 striking ‘‘a juvenile defendant’’ and 

22 inserting ‘‘a defendant who is less 

23 than 21 years of age’’; and 

24 (2) in section 924(a)(6)— 

25 (A) in subparagraph (A)— 


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1 (i) in clause (i), by striking ‘‘juvenile’’ 

2 each place the term appears and inserting 

3 ‘‘person who is less than 21 years of age’’; 

4 and 

5 (ii) in clause (ii)— 

6 (I) in the matter preceding sub7 clause (I), by striking ‘‘juvenile’’ and 

8 inserting ‘‘person who is less than 21 

9 years of age’’; 

10 (II) in subclause (I)— 

11 (aa) by striking ‘‘juvenile’’ 

12 and inserting ‘‘person who is less 

13 than 21 years of age’’; and 

14 (bb) by striking ‘‘handgun 

15 or ammunition’’ and inserting 

16 ‘‘covered firearm or covered am17 munition’’; and 

18 (III) in subclause (II), by strik19 ing ‘‘juvenile has’’ and inserting ‘‘per20 son who is less than 21 years of age 

21 has’’; and 

22 (B) in subparagraph (B)— 

23 (i) by striking ‘‘juvenile’’ each place 

24 the term appears and inserting ‘‘person 

25 who is less than 21 years of age’’; and 


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1 (ii) by striking ‘‘handgun or ammuni2 tion’’ each place the term appears and in3 serting ‘‘covered firearm or covered ammu4 nition’’. 

Æ 


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