Closing the Bump Stock Loophole Act of 2021
Bill: H.R.5427 | Sponsor: Rep. Titus, Dina (D-NV)
Policy area: Crime and Law Enforcement

Summary:
Closing the Bump Stock Loophole Act of 2021
This bill subjects bump stocks to regulation under federal firearms laws.
Specifically, the bill adds bump stocks to the list of firearms subject to regulation (e.g., registration and licensing requirements) under the National Firearms Act. Additionally, it includes bump stocks in the list of firearms subject to regulation (e.g., background check requirements) under the Gun Control Act of 1968.

To regulate bump stocks in the same manner as machineguns.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Closing the Bump Stock Loophole Act 
of 2021''.

SEC. 2. BUMP STOCKS.

    (a) In General.--Section 5845 of the Internal Revenue Code of 1986 
is amended--
            (1) in subsection (a), by striking ``and (8) a destructive 
        device.'' and inserting ``(8) a destructive device; and (9) a 
        bump stock.''; and
            (2) by adding at the end the following new subsections:
    ``(n) Bump Stock.--The term `bump stock' means any of the 
following:
            ``(1) Any manual, power-driven, or electronic device that 
        is designed such that when the device is attached to a 
        semiautomatic weapon, the device eliminates the need for the 
        operator of a semiautomatic weapon to make a separate movement 
        for each individual function of the trigger and--
                    ``(A) materially increases the rate of fire of the 
                semiautomatic weapon, or
                    ``(B) approximates the action or rate of fire of a 
                machinegun.
            ``(2) Any part or combination of parts that is designed and 
        functions to eliminate the need for the operator of a 
        semiautomatic weapon to make a separate movement for each 
        individual function of the trigger and--
                    ``(A) materially increases the rate of fire of a 
                semiautomatic weapon, or
                    ``(B) approximates the action or rate of fire of a 
                machinegun.
            ``(3) Any semiautomatic weapon that has been modified in 
        any way that eliminates the need for the operator of the 
        semiautomatic weapon to make a separate movement for each 
        individual function of the trigger and--
                    ``(A) materially increases the rate of fire of the 
                semiautomatic weapon, or
                    ``(B) approximates the action or rate of fire of a 
                machinegun.
    ``(o) Semiautomatic Weapon.--The term `semiautomatic weapon' means 
any repeating weapon that--
            ``(1) utilizes a portion of the energy of a firing 
        cartridge or shell to extract the fired cartridge case or shell 
        casing and chamber the next round, and
            ``(2) requires a separate function of the trigger to fire 
        each cartridge or shell.''.
    (b) Amendments to Title 18, United States Code.--
            (1) Section 921(a) of title 18, United States Code, is 
        amended--
                    (A) in paragraph (3), by striking ``muffler or 
                firearm silencer'' and inserting ``muffler, firearm 
                silencer, or bump stock''; and
                    (B) by adding at the end the following:
    ``(36) The term `bump stock' has the meaning given such term in 
section 5845(n) of the National Firearms Act (26 U.S.C. 5845(n)).''.
            (2) Section 922 of title 18, United States Code, is 
        amended--
                    (A) in each of subsections (a)(4) and (b)(4), by 
                inserting ``bump stock,'' before ``machinegun''; and
                    (B) in subsection (o)--
                            (i) in paragraph (1), by inserting ``or 
                        bump stock'' before the period; and
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``or'' at the end;
                                    (II) in subparagraph (B), by 
                                striking the period and inserting ``; 
                                or''; and
                                    (III) by adding at the end the 
                                following:
            ``(C) the otherwise lawful possession of a bump stock that, 
        on or before the date that is 1 year after the date of the 
        enactment of this subparagraph, is registered to the possessor 
        in accordance with section 5841 of the Internal Revenue Code of 
        1986.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect on the date of the enactment of this Act.
            (2) Application to possession on date of enactment.--
        Notwithstanding paragraph (1), any person on the date of the 
        enactment of this Act possessing a bump stock as defined in 
        section 5845(n) of the Internal Revenue Code of 1986 (as 
        amended by this Act) shall, not later than the date that is 1 
        year after the date of the enactment of this Act, register such 
        bump stock in accordance with section 5841 of the Internal 
        Revenue Code of 1986 and include with such registration the 
        information required under section 5841(a) of such Code. Such 
        registration shall become a part of the National Firearms 
        Registration and Transfer Record required to be maintained by 
        such section. The prohibition on possession of an unregistered 
        firearm under section 5861 of such Code shall not apply to a 
        bump stock described in this Act on any date that is 1 year or 
        less after the enactment of this Act.
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