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 Massa-
chusetts, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ammunition Back-
ground Check Act of 2018’’. 
VerDate Sep 11 2014 
02:39 Mar 29, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5383.IH
H5383
lotter on DSKBCFDHB2PROD with BILLS
SEC. 2. PURPOSE. 
The purpose of this Act is to enhance the background 
check process in the United States to prevent the purchase 
of ammunition by individuals prohibited from doing so. 
SEC. 3. TRANSFERS OF FIREARMS OR AMMUNITION. 
(a) IN GENERAL.—Section 922 of title 18, United 
States Code, is amended— 
(1) by striking subsection (s) and redesignating 
subsection (t) as subsection (s); 
(2) in subsection (s) (as so redesignated)— 
(A) by inserting ‘‘or ammunition’’ after 
‘‘firearm’’ each place it appears except in para-
graph (3); 
(B) in paragraph (1)(B)(ii), by inserting 
‘‘in the case of a firearm,’’ before ‘‘3’’; 
(C) in paragraph (3)— 
(i) by striking all that precedes sub-
paragraph (B) and inserting the following: 
‘‘(3)(A) Paragraph (1) shall not apply to a transfer 
between a licensee and another person if— 
‘‘(i) in the case of a firearm transfer— 
‘‘(I) such other person has presented to 
the licensee a permit that— 
‘‘(aa) allows such other person to pos-
sess or acquire a firearm; and 
VerDate Sep 11 2014 
02:39 Mar 29, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5383.IH
H5383
lotter on DSKBCFDHB2PROD with BILLS
‘‘(bb) was issued not more than 5 
years earlier by the State in which the 
transfer is to take place; and 
‘‘(II) the law of the State provides that 
such a permit is to be issued only after an au-
thorized government official has verified that 
the information available to such official does 
not indicate that possession of a firearm by 
such other person would be in violation of law; 
or 
‘‘(ii) in the case of an ammunition transfer— 
‘‘(I) such other person has presented to 
the licensee a permit that— 
‘‘(aa) allows such other person to pos-
sess or acquire ammunition, or to possess 
or acquire a firearm; and 
‘‘(bb) was issued not more than 5 
years earlier by the State in which the 
transfer is to take place; and 
‘‘(II) the law of the State provides that 
such a permit is to be issued only after an au-
thorized government official has verified that 
the information available to such official does 
not indicate that possession of ammunition by 
VerDate Sep 11 2014 
02:39 Mar 29, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5383.IH
H5383
lotter on DSKBCFDHB2PROD with BILLS
such other person would be in violation of 
law;’’; and 
(ii) in subparagraph (C)(ii), by strik-
ing ‘‘(as defined in subsection (s)(8))’’; and 
(D) by adding at the end the following: 
‘‘(7) In this subsection: 
‘‘(A) The term ‘chief law enforcement officer’ 
means the chief of police, the sheriff, or an equiva-
lent officer or the designee of any such individual. 
‘‘(B) The term ‘gun show or event’ has the 
meaning given the term in subsection (t)(4).’’; and 
(3) by inserting after subsection (s) (as so re-
designated) the following: 
‘‘(t)(1) Beginning on the date that is 180 days after 
the date of the enactment of this subsection and except 
as provided in paragraph (2), it shall be unlawful for any 
person other than a licensed dealer, licensed manufac-
turer, or licensed importer to complete the transfer of am-
munition to any other person who is not licensed under 
this chapter, if the transfer occurs— 
‘‘(A) at a gun show or event, on the curtilage 
thereof; or 
‘‘(B) pursuant to an advertisement, posting, 
display or other listing on the Internet or in a publi-
cation by the transferor of the intent of the trans-
VerDate Sep 11 2014 
02:39 Mar 29, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5383.IH
H5383
lotter on DSKBCFDHB2PROD with BILLS
spouses of siblings, or between grandparents or 
spouses of grandparents and their grandchildren or 
spouses of their grandchildren, or between aunts or 
uncles or their spouses and their nieces or nephews 
or their spouses, or between first cousins, if the 
transferor does not know or have reasonable cause 
to believe that the transferee is prohibited from re-
ceiving or possessing a firearm under Federal, State, 
or local law; or 
‘‘(D) the Attorney General has approved the 
transfer under section 5812 of the Internal Revenue 
Code of 1986. 
‘‘(3)(A) Notwithstanding any other provision of this 
chapter, except for section 923(m), the Attorney General 
may implement this subsection with regulations. 
‘‘(B) Regulations promulgated under this paragraph 
may not include any provision requiring licensees to facili-
tate transfers in accordance with paragraph (2)(A). 
‘‘(C) Regulations promulgated under this paragraph 
may not include any provision requiring persons not li-
censed under this chapter to keep records of background 
checks of ammunition transfers. 
‘‘(D) Regulations promulgated under this paragraph 
may not include any provision limiting the amount of any 
VerDate Sep 11 2014 
02:39 Mar 29, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5383.IH
H5383
lotter on DSKBCFDHB2PROD with BILLS
fee a licensee may charge to facilitate a transfer in accord-
ance with paragraph (2)(A). 
‘‘(4) In this subsection, the term ‘gun show or 
event’— 
‘‘(A) means any event at which 75 or more fire-
arms are offered or exhibited for sale, exchange, or 
transfer, if 1 or more of the firearms has been 
shipped or transported in, or if the event otherwise 
affects, interstate or foreign commerce; and 
‘‘(B) does not include an offer or exhibit of fire-
arms for sale, exchange, or transfer by an individual 
from the personal collection of the individual, at the 
private residence of the individual, if the individual 
is not required to be licensed under section 923.’’. 
(b) PROHIBITION OF NATIONAL AMMUNITION REG-
ISTRY.—Section 923 of such title is amended by adding 
at the end the following: 
‘‘(m) The Attorney General may not consolidate or 
centralize the records of the— 
‘‘(1) acquisition or disposition of ammunition, 
or any portion thereof, maintained by— 
‘‘(A) a person with a valid, current license 
issued under this chapter; or 
‘‘(B) an unlicensed transferor under sec-
tion 922(t); or 
VerDate Sep 11 2014 
02:39 Mar 29, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5383.IH
H5383
lotter on DSKBCFDHB2PROD with BILLS
‘‘(2) possession or ownership of ammunition, 
maintained by any medical or health insurance enti-
ty.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) SECTION
922.—Section 922(y)(2) of title 
18, United States Code, is amended, in the matter 
preceding 
subparagraph 
(A), 
by 
striking 
‘‘, 
(g)(5)(B), and (s)(3)(B)(v)(II)’’ and inserting ‘‘and 
(g)(5)(B)’’. 
(2) CONSOLIDATED AND FURTHER CONTINUING 
APPROPRIATIONS ACT, 2012.—Section 511 of title V 
of division B of the Consolidated and Further Con-
tinuing Appropriations Act, 2012 (34 U.S.C. 40901 
note) is amended by striking ‘‘subsection 922(t)’’ 
each place it appears and inserting ‘‘subsection (s) 
or (t) of section 922’’. 
SEC. 4. PENALTIES. 
Section 924 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (5), by striking ‘‘(s) or 
(t) of section 922’’ and inserting ‘‘section 
922(s)’’; and 
(B) by adding at the end the following: 
VerDate Sep 11 2014 
02:39 Mar 29, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5383.IH
H5383
lotter on DSKBCFDHB2PROD with BILLS
‘‘(8) Whoever makes or attempts to transfer ammuni-
tion in violation of section 922(t) to a person not licensed 
under this chapter who is prohibited from receiving ammu-
nition by subsection (g) or (n) of section 922 or State law, 
to a law enforcement officer, or to a person acting at the 
direction of, or with the approval of, a law enforcement 
officer authorized to investigate or prosecute a violation 
of section 922(t), shall be fined under this title, impris-
oned not more than 5 years, or both.’’; and 
(2) by adding at the end the following: 
‘‘(q) IMPROPER USE OF STORAGE OF RECORDS.— 
Any person who knowingly violates section 923(m) shall 
be fined under this title, imprisoned not more than 15 
years, or both.’’. 
SEC. 5. RULES OF CONSTRUCTION. 
(a) Nothing in this Act or an amendment made by 
this Act (except the amendments made by section 3(a)(2)) 
shall be construed to extend background check require-
ments to transfers other than those made at gun shows 
or on the curtilage thereof, or pursuant to an advertise-
ment, posting, display, or other listing on the Internet or 
in a publication by the transferor of the intent of the 
transferor to transfer, or the transferee of the intent of 
the transferee to acquire, the ammunition. 
VerDate Sep 11 2014 
02:39 Mar 29, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5383.IH
H5383
lotter on DSKBCFDHB2PROD with BILLS
(b) Nothing in this Act or an amendment made by 
this Act shall be construed to extend background check 
requirements to transfers of ammunition for purposes of 
lawful hunting or sporting by a transferee in the presence 
of, or on the premises of, the transferor, or to possession 
of ammunition for purposes of examination or evaluation 
by a prospective transferee in the presence of, or on the 
premises of, the transferor. 
SEC. 6. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall take effect 180 days after the date of enactment of 
this Act. 
Æ 
VerDate Sep 11 2014 
02:39 Mar 29, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H5383.IH
H5383
lotter on DSKBCFDHB2PROD with BILLS