[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1149 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1149

To reauthorize the ban on undetectable firearms, and to extend the ban 
     to undetectable firearm receivers and undetectable ammunition 
                               magazines.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 12, 2013

Mr. Nelson (for himself and Mr. Schumer) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To reauthorize the ban on undetectable firearms, and to extend the ban 
     to undetectable firearm receivers and undetectable ammunition 
                               magazines.

    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 ``Undetectable Firearms Modernization 
Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) according to data from the Federal Bureau of 
        Investigation, 8,583 of the 12,664 murders in the United States 
        in 2011 were committed using a firearm, and more than 57 
        percent of the murders that occurred in New York State were 
        perpetrated with a firearm;
            (2) the ability to produce a receiver for a firearm in the 
        home would circumvent a number of laws, because the receiver is 
        the component of the firearm that bears its serial number, as 
        required by regulations;
            (3) digital manufacturing technologies, including but not 
        limited to computer numerical control mills (``CNC mills''), 3-
        dimensional printers (``3D printers''), and laser cutting 
        machines, are quickly advancing to a point where it will soon 
        be possible to fabricate fully operational firearm components; 
        and
            (4) some commercially available products that utilize 
        digital manufacturing technologies to manufacture objects are 
        able to manufacture these objects using materials that are 
        unable to be detected by traditional metal detectors, and may 
        not present an accurate image on an x-ray.

SEC. 3. REAUTHORIZATION OF BAN ON UNDETECTABLE FIREARMS.

    Section 2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C. 
922 note) is amended by striking ``25'' and inserting ``35''.

SEC. 4. BAN EXTENDED TO UNDETECTABLE FIREARM RECEIVERS MADE BY 
              INDIVIDUALS.

    Section 922(p) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``It shall be unlawful'' and all that follows 
                and inserting ``It shall be unlawful--''; and
                    (B) by striking subparagraphs (A) and (B) and 
                inserting the following:
            ``(A) for any person to manufacture, import, sell, ship, 
        deliver, possess, transfer, or receive any firearm--
                    ``(i) that, after removal of grips, stocks, and 
                magazines, is not as detectable as the Security 
                Exemplar, by walk-through metal detectors calibrated 
                and operated to detect the Security Exemplar; or
                    ``(ii) any major component of which, when subjected 
                to inspection by the types of x-ray machines commonly 
                used at airports, does not generate an image that 
                accurately depicts the shape of the component, except 
                that barium sulfate or other compounds may be used in 
                the fabrication of the component; and
            ``(B) for any person--
                    ``(i) to import, sell, ship, deliver, possess, 
                transfer, or receive any receiver for a rifle, or 
                receiver for a handgun, manufactured by a person who is 
                not a licensed manufacturer--
                            ``(I) that is not as detectable as the 
                        Receiver Security Exemplar for a rifle or for a 
                        handgun, as the case may be, by walk-through 
                        metal detectors calibrated and operated to 
                        detect that Receiver Security Exemplar; or
                            ``(II) which, when subjected to inspection 
                        by the types of x-ray machines commonly used at 
                        airports, does not generate an image that 
                        accurately depicts the shape of the receiver, 
                        except that barium sulfate or other compounds 
                        may be used in the fabrication of the receiver; 
                        or
                    ``(ii) who is not a licensed manufacturer to 
                manufacture any receiver for a rifle, or receiver for a 
                handgun, described in subclause (I) or (II) of clause 
                (i).'';
            (2) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(D) the term `Receiver Security Exemplar' means, with 
        respect to a rifle or a handgun, an object, to be fabricated at 
        the direction of the Attorney General, that is--
                    ``(i) constructed of, during the 12-month period 
                beginning on the date of the enactment of this 
                subparagraph, 3.7 ounces of material type 17-4 PH 
                stainless steel in a shape resembling the lower 
                receiver for a rifle or for a handgun, as the case may 
                be; and
                    ``(ii) suitable for testing and calibrating metal 
                detectors:
         Provided, however, That at the close of such 12-month period, 
        and at appropriate times thereafter the Attorney General shall 
        promulgate regulations to permit the manufacture, importation, 
        sale, shipment, delivery, possession, transfer, or receipt of 
        receivers for a rifle or receivers for a handgun, that were 
        previously prohibited under this subparagraph that are as 
        detectable as the `Receiver Security Exemplar' for a rifle or 
        for a handgun, as the case may be, which contains 3.7 ounces of 
        material type 17-4 PH stainless steel, in a shape resembling 
        the lower receiver for a rifle or for a handgun, as the case 
        may be, or such lesser amount as is detectable in view of 
        advances in state-of-the-art developments in weapons detection 
        technology.'';
            (3) in paragraph (3)--
                    (A) by inserting ``or receiver'' after ``firearm'' 
                each place it appears; and
                    (B) by inserting ``or receivers'' after 
                ``firearms'';
            (4) in each of paragraphs (4) and (5), by inserting ``or 
        receiver'' after ``firearm'' each place it appears; and
            (5) in paragraph (6)--
                    (A) by striking ``with respect to any firearm'' and 
                inserting the following: ``with respect to--
            ``(A) any firearm'';
                    (B) by striking the period and inserting ``; or''; 
                and
                    (C) by adding at the end the following:
            ``(B) any receiver manufactured in, imported into, or 
        possessed in the United States before the date of the enactment 
        of the Undetectable Firearms Modernization Act.''.

SEC. 5. BAN EXTENDED TO UNDETECTABLE AMMUNITION MAGAZINES MADE BY 
              INDIVIDUALS.

    Section 922(p) of title 18, United States Code, as amended by 
section 4 of this Act, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A)(ii);
                    (B) by striking the period at the end of 
                subparagraph (B)(ii) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(C) for any person--
                    ``(i) to import, sell, ship, deliver, possess, 
                transfer, or receive any ammunition magazine, 
                manufactured by a person who is not a licensed 
                manufacturer--
                            ``(I) that, after removal of the spring and 
                        follower, is not as detectable as the Magazine 
                        Security Exemplar, by walk-through metal 
                        detectors calibrated and operated to detect the 
                        Magazine Security Exemplar; or
                            ``(II) which, when subjected to inspection 
                        by the types of x-ray machines commonly used at 
                        airports, does not generate an image that 
                        accurately depicts the shape of the magazine; 
                        or
                    ``(ii) who is not a licensed manufacturer to 
                manufacture any ammunition magazine described in 
                subclause (I) or (II) of clause (i).'';
            (2) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(E) the term `Magazine Security Exemplar' means an 
        object, to be fabricated at the direction of the Attorney 
        General, that is--
                    ``(i) constructed of, during the 12-month period 
                beginning on the date of the enactment of this 
                subparagraph, 1 ounce of material type 17-4 PH 
                stainless steel in a shape resembling an ammunition 
                magazine; and
                    ``(ii) suitable for testing and calibrating metal 
                detectors:
         Provided, however, That at the close of such 12-month period, 
        and at appropriate times thereafter the Attorney General shall 
        promulgate regulations to permit the manufacture, importation, 
        sale, shipment, delivery, possession, transfer, or receipt of 
        ammunition magazines previously prohibited under this 
        subparagraph that are as detectable as a `Magazine Security 
        Exemplar' which contains 1 ounce of material type 17-4 PH 
        stainless steel, in a shape resembling an ammunition magazine, 
        or such lesser amount as is detectable in view of advances in 
        state-of-the-art developments in weapons detection 
        technology.'';
            (3) in paragraph (3)--
                    (A) by striking ``firearm or receiver'' each place 
                it appears and inserting ``firearm, receiver, or 
                ammunition magazine''; and
                    (B) by striking ``firearms or receivers'' and 
                inserting ``firearms, receivers, or ammunition 
                magazines'';
            (4) in each of paragraphs (4) and (5), by striking 
        ``firearm or receiver'' each place it appears and inserting 
        ``firearm, receiver, or ammunition magazine''; and
            (5) in paragraph (6)(B), by inserting ``or ammunition 
        magazine'' after ``receiver''.
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