I 

113TH CONGRESS 

1ST SESSION H. R. 138 

To prohibit the transfer or possession of large capacity ammunition feeding 

devices, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2013 

Mrs. MCCARTHY of New York (for herself and Ms. DEGETTE) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To prohibit the transfer or possession of large capacity 

ammunition feeding devices, 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 ‘‘Large Capacity Ammu5 nition Feeding Device Act’’. 


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1 SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF 

2 LARGE CAPACITY AMMUNITION FEEDING DE3 VICES. 

4 (a) DEFINITION.—Section 921(a) of title 18, United 

5 States Code, is amended by inserting after paragraph (29) 

6 the following: 

7 ‘‘(30) The term ‘large capacity ammunition 

8 feeding device’— 

9 ‘‘(A) means a magazine, belt, drum, feed 

10 strip, or similar device that has a capacity of, 

11 or that can be readily restored or converted to 

12 accept, more than 10 rounds of ammunition; 

13 but 

14 ‘‘(B) does not include an attached tubular 

15 device designed to accept, and capable of oper16 ating only with, .22 caliber rimfire ammuni17 tion.’’. 

18 (b) PROHIBITIONS.—Section 922 of such title is 

19 amended by inserting after subsection (u) the following: 

20 ‘‘(v)(1)(A)(i) Except as provided in clause (ii), it shall 

21 be unlawful for a person to transfer or possess a large 

22 capacity ammunition feeding device. 

23 ‘‘(ii) Clause (i) shall not apply to the possession of 

24 a large capacity ammunition feeding device otherwise law25 fully possessed within the United States on or before the 

26 date of the enactment of this subsection. 


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1 ‘‘(B) It shall be unlawful for any person to import 

2 or bring into the United States a large capacity ammuni3 tion feeding device. 

4 ‘‘(2) Paragraph (1) shall not apply to— 

5 ‘‘(A) a manufacture for, transfer to, or posses6 sion by the United States or a department or agency 

7 of the United States or a State or a department, 

8 agency, or political subdivision of a State, or a 

9 transfer to or possession by a law enforcement offi10 cer employed by such an entity for purposes of law 

11 enforcement (whether on or off duty); 

12 ‘‘(B) a transfer to a licensee under title I of the 

13 Atomic Energy Act of 1954 for purposes of estab14 lishing and maintaining an on-site physical protec15 tion system and security organization required by 

16 Federal law, or possession by an employee or con17 tractor of such a licensee on-site for such purposes 

18 or off-site for purposes of licensee-authorized train19 ing or transportation of nuclear materials; 

20 ‘‘(C) the possession, by an individual who is re21 tired from service with a law enforcement agency 

22 and is not otherwise prohibited from receiving am23 munition, of a large capacity ammunition feeding de24 vice transferred to the individual by the agency upon 

25 that retirement; or 


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1 ‘‘(D) a manufacture, transfer, or possession of 

2 a large capacity ammunition feeding device by a li3 censed manufacturer or licensed importer for the 

4 purposes of testing or experimentation authorized by 

5 the Attorney General.’’. 

6 (c) PENALTIES.—Section 924(a) of such title is 

7 amended by adding at the end the following: 

8 ‘‘(8) Whoever knowingly violates section 922(v) shall 

9 be fined under this title, imprisoned not more than 10 

10 years, or both.’’. 

11 (d) IDENTIFICATION MARKINGS.—Section 923(i) of 

12 such title is amended by adding at the end the following: 

13 ‘‘A large capacity ammunition feeding device manufac14 tured after the date of the enactment of this sentence shall 

15 be identified by a serial number that clearly shows that 

16 the device was manufactured after such date of enactment, 

17 and such other identification as the Attorney General may 

18 by regulation prescribe.’’. 

Æ 


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