I 

115TH CONGRESS 

2D SESSION H. R. 5383 

To prevent the purchase of ammunition by prohibited purchasers. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2018 

Ms. WASSERMAN SCHULTZ (for herself, Mr. HASTINGS, Ms. NORTON, Mr. 

JOHNSON of Georgia, Mr. SIRES, Ms. JAYAPAL, Ms. FRANKEL of Florida, 

Ms. SCHAKOWSKY, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. 

MOORE, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. CLARK of Massachusetts, Ms. TSONGAS, Mr. COURTNEY, Mr. DESAULNIER, Mr. COHEN, 

Mr. YARMUTH, Mr. HIMES, Ms. LOFGREN, Mr. SERRANO, Mr. VARGAS, 

Mr. KEATING, Mr. CLEAVER, Mr. ESPAILLAT, Mr. LEWIS of Georgia, Mr. 

RUIZ, Mr. TAKANO, Ms. HANABUSA, Mr. TONKO, Mr. MOULTON, Mr. 

CUMMINGS, Mrs. CAROLYN B. MALONEY of New York, Mrs. WATSON

COLEMAN, Ms. CASTOR of Florida, and Mr. MCNERNEY) introduced the 

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

A BILL 

To prevent the purchase of ammunition by prohibited 

purchasers. 

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 2018’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to enhance the background 

3 check process in the United States to prevent the purchase 

4 of ammunition by individuals prohibited from doing so. 

5 SEC. 3. TRANSFERS OF FIREARMS OR AMMUNITION. 

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

7 States Code, is amended— 

8 (1) by striking subsection (s) and redesignating 

9 subsection (t) as subsection (s); 

10 (2) in subsection (s) (as so redesignated)— 

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

12 ‘‘firearm’’ each place it appears except in para13 graph (3); 

14 (B) in paragraph (1)(B)(ii), by inserting 

15 ‘‘in the case of a firearm,’’ before ‘‘3’’; 

16 (C) in paragraph (3)— 

17 (i) by striking all that precedes sub18 paragraph (B) and inserting the following: 

19 ‘‘(3)(A) Paragraph (1) shall not apply to a transfer 

20 between a licensee and another person if— 

21 ‘‘(i) in the case of a firearm transfer— 

22 ‘‘(I) such other person has presented to 

23 the licensee a permit that— 

24 ‘‘(aa) allows such other person to pos25 sess or acquire a firearm; and 


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1 ‘‘(bb) was issued not more than 5 

2 years earlier by the State in which the 

3 transfer is to take place; and 

4 ‘‘(II) the law of the State provides that 

5 such a permit is to be issued only after an au6 thorized government official has verified that 

7 the information available to such official does 

8 not indicate that possession of a firearm by 

9 such other person would be in violation of law; 

10 or 

11 ‘‘(ii) in the case of an ammunition transfer— 

12 ‘‘(I) such other person has presented to 

13 the licensee a permit that— 

14 ‘‘(aa) allows such other person to pos15 sess or acquire ammunition, or to possess 

16 or acquire a firearm; and 

17 ‘‘(bb) was issued not more than 5 

18 years earlier by the State in which the 

19 transfer is to take place; and 

20 ‘‘(II) the law of the State provides that 

21 such a permit is to be issued only after an au22 thorized government official has verified that 

23 the information available to such official does 

24 not indicate that possession of ammunition by 


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1 such other person would be in violation of 

2 law;’’; and 

3 (ii) in subparagraph (C)(ii), by strik4 ing ‘‘(as defined in subsection (s)(8))’’; and 

5 (D) by adding at the end the following: 

6 ‘‘(7) In this subsection: 

7 ‘‘(A) The term ‘chief law enforcement officer’ 

8 means the chief of police, the sheriff, or an equiva9 lent officer or the designee of any such individual. 

10 ‘‘(B) The term ‘gun show or event’ has the 

11 meaning given the term in subsection (t)(4).’’; and 

12 (3) by inserting after subsection (s) (as so re13 designated) the following: 

14 ‘‘(t)(1) Beginning on the date that is 180 days after 

15 the date of the enactment of this subsection and except 

16 as provided in paragraph (2), it shall be unlawful for any 

17 person other than a licensed dealer, licensed manufac18 turer, or licensed importer to complete the transfer of am19 munition to any other person who is not licensed under 

20 this chapter, if the transfer occurs— 

21 ‘‘(A) at a gun show or event, on the curtilage 

22 thereof; or 

23 ‘‘(B) pursuant to an advertisement, posting, 

24 display or other listing on the Internet or in a publi25 cation by the transferor of the intent of the transVerDate Sep 11 2014 02:39 Mar 29, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5383.IH H5383

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1 feror to transfer, or by the transferee of the intent 

2 of the transferee to acquire, the ammunition. 

3 ‘‘(2) Paragraph (1) shall not apply if— 

4 ‘‘(A) the transfer is made after a licensed im5 porter, licensed manufacturer, or licensed dealer has 

6 first taken possession of the ammunition for the 

7 purpose of complying with subsection (s), and on 

8 taking possession of the ammunition, the licensee 

9 complies with all requirements of this chapter as if 

10 the licensee were transferring the ammunition from 

11 the business inventory of the licensee to the unli12 censed transferee; 

13 ‘‘(B) the transfer is made between an unli14 censed transferor and an unlicensed transferee resid15 ing in the same State, which takes place in the 

16 State, if— 

17 ‘‘(i) the Attorney General certifies that the 

18 State has in effect requirements under law that 

19 are generally equivalent to the requirements of 

20 this subsection; and 

21 ‘‘(ii) the transfer is conducted in compli22 ance with the laws of the State; 

23 ‘‘(C) the transfer is made between spouses, be24 tween parents or spouses of parents and their chil25 dren or spouses of their children, between siblings or 


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1 spouses of siblings, or between grandparents or 

2 spouses of grandparents and their grandchildren or 

3 spouses of their grandchildren, or between aunts or 

4 uncles or their spouses and their nieces or nephews 

5 or their spouses, or between first cousins, if the 

6 transferor does not know or have reasonable cause 

7 to believe that the transferee is prohibited from re8 ceiving or possessing a firearm under Federal, State, 

9 or local law; or 

10 ‘‘(D) the Attorney General has approved the 

11 transfer under section 5812 of the Internal Revenue 

12 Code of 1986. 

13 ‘‘(3)(A) Notwithstanding any other provision of this 

14 chapter, except for section 923(m), the Attorney General 

15 may implement this subsection with regulations. 

16 ‘‘(B) Regulations promulgated under this paragraph 

17 may not include any provision requiring licensees to facili18 tate transfers in accordance with paragraph (2)(A). 

19 ‘‘(C) Regulations promulgated under this paragraph 

20 may not include any provision requiring persons not li21 censed under this chapter to keep records of background 

22 checks of ammunition transfers. 

23 ‘‘(D) Regulations promulgated under this paragraph 

24 may not include any provision limiting the amount of any 


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1 fee a licensee may charge to facilitate a transfer in accord2 ance with paragraph (2)(A). 

3 ‘‘(4) In this subsection, the term ‘gun show or 

4 event’— 

5 ‘‘(A) means any event at which 75 or more fire6 arms are offered or exhibited for sale, exchange, or 

7 transfer, if 1 or more of the firearms has been 

8 shipped or transported in, or if the event otherwise 

9 affects, interstate or foreign commerce; and 

10 ‘‘(B) does not include an offer or exhibit of fire11 arms for sale, exchange, or transfer by an individual 

12 from the personal collection of the individual, at the 

13 private residence of the individual, if the individual 

14 is not required to be licensed under section 923.’’. 

15 (b) PROHIBITION OF NATIONAL AMMUNITION REG16 ISTRY.—Section 923 of such title is amended by adding 

17 at the end the following: 

18 ‘‘(m) The Attorney General may not consolidate or 

19 centralize the records of the— 

20 ‘‘(1) acquisition or disposition of ammunition, 

21 or any portion thereof, maintained by— 

22 ‘‘(A) a person with a valid, current license 

23 issued under this chapter; or 

24 ‘‘(B) an unlicensed transferor under sec25 tion 922(t); or 


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1 ‘‘(2) possession or ownership of ammunition, 

2 maintained by any medical or health insurance enti3 ty.’’. 

4 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 (1) SECTION 922.—Section 922(y)(2) of title 

6 18, United States Code, is amended, in the matter 

7 preceding subparagraph (A), by striking ‘‘, 

8 (g)(5)(B), and (s)(3)(B)(v)(II)’’ and inserting ‘‘and 

9 (g)(5)(B)’’. 

10 (2) CONSOLIDATED AND FURTHER CONTINUING

11 APPROPRIATIONS ACT, 2012.—Section 511 of title V 

12 of division B of the Consolidated and Further Con13 tinuing Appropriations Act, 2012 (34 U.S.C. 40901 

14 note) is amended by striking ‘‘subsection 922(t)’’ 

15 each place it appears and inserting ‘‘subsection (s) 

16 or (t) of section 922’’. 

17 SEC. 4. PENALTIES. 

18 Section 924 of title 18, United States Code, is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (5), by striking ‘‘(s) or 

22 (t) of section 922’’ and inserting ‘‘section 

23 922(s)’’; and 

24 (B) by adding at the end the following: 


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1 ‘‘(8) Whoever makes or attempts to transfer ammuni2 tion in violation of section 922(t) to a person not licensed 

3 under this chapter who is prohibited from receiving ammu4 nition by subsection (g) or (n) of section 922 or State law, 

5 to a law enforcement officer, or to a person acting at the 

6 direction of, or with the approval of, a law enforcement 

7 officer authorized to investigate or prosecute a violation 

8 of section 922(t), shall be fined under this title, impris9 oned not more than 5 years, or both.’’; and 

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

11 ‘‘(q) IMPROPER USE OF STORAGE OF RECORDS.— 

12 Any person who knowingly violates section 923(m) shall 

13 be fined under this title, imprisoned not more than 15 

14 years, or both.’’. 

15 SEC. 5. RULES OF CONSTRUCTION. 

16 (a) Nothing in this Act or an amendment made by 

17 this Act (except the amendments made by section 3(a)(2)) 

18 shall be construed to extend background check require19 ments to transfers other than those made at gun shows 

20 or on the curtilage thereof, or pursuant to an advertise21 ment, posting, display, or other listing on the Internet or 

22 in a publication by the transferor of the intent of the 

23 transferor to transfer, or the transferee of the intent of 

24 the transferee to acquire, the ammunition. 


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1 (b) Nothing in this Act or an amendment made by 

2 this Act shall be construed to extend background check 

3 requirements to transfers of ammunition for purposes of 

4 lawful hunting or sporting by a transferee in the presence 

5 of, or on the premises of, the transferor, or to possession 

6 of ammunition for purposes of examination or evaluation 

7 by a prospective transferee in the presence of, or on the 

8 premises of, the transferor. 

9 SEC. 6. EFFECTIVE DATE. 

10 This title and the amendments made by this title 

11 shall take effect 180 days after the date of enactment of 

12 this Act. 

Æ 


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