[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2470 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2470

  To amend title 18, United States Code, to prohibit the purchase of 
 certain firearms by individuals under 21 years of age, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2018

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

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to prohibit the purchase of 
 certain firearms by individuals under 21 years of age, and for other 
                               purposes.

    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 ``Age 21 Act''.

SEC. 2. PROHIBITION ON PURCHASE OF CERTAIN FIREARMS BY INDIVIDUALS 
              UNDER 21 YEARS OF AGE.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended--
            (1) by inserting after paragraph (29) the following:
    ``(30) The term `semiautomatic pistol' means any repeating pistol 
that--
            ``(A) utilizes a portion of the energy of a firing 
        cartridge to extract the fired cartridge case and chamber the 
        next round; and
            ``(B) requires a separate pull of the trigger to fire each 
        cartridge.
    ``(31) The term `semiautomatic shotgun' means any repeating shotgun 
that--
            ``(A) utilizes a portion of the energy of a firing 
        cartridge to extract the fired cartridge case and chamber the 
        next round; and
            ``(B) requires a separate pull of the trigger to fire each 
        cartridge.''; and
            (2) by adding at the end the following:
    ``(36) The term `semiautomatic assault weapon' means any of the 
following, regardless of country of manufacture or caliber of 
ammunition accepted:
            ``(A) A semiautomatic rifle that has the capacity to accept 
        a detachable magazine and any one of the following:
                    ``(i) A pistol grip.
                    ``(ii) A forward grip.
                    ``(iii) A folding, telescoping, or detachable 
                stock.
                    ``(iv) A grenade launcher or rocket launcher.
                    ``(v) A barrel shroud.
                    ``(vi) A threaded barrel.
            ``(B) A semiautomatic rifle that has a fixed magazine with 
        the capacity to accept more than 10 rounds, except for an 
        attached tubular device designed to accept, and is capable of 
        operating only with, .22 caliber rimfire ammunition.
            ``(C) Any part, combination of parts, component, device, 
        attachment, or accessory that is designed or functions to 
        accelerate the rate of fire of a semiautomatic rifle but not 
        convert the semiautomatic rifle into a machinegun.
            ``(D) A semiautomatic pistol that has the capacity to 
        accept a detachable magazine and any one of the following:
                    ``(i) A threaded barrel.
                    ``(ii) A second pistol grip.
                    ``(iii) A barrel shroud.
                    ``(iv) The capacity to accept a detachable magazine 
                at some location outside of the pistol grip.
            ``(E) A semiautomatic version of an automatic firearm.
            ``(F) A semiautomatic pistol with a fixed magazine that has 
        the capacity to accept more than 10 rounds.
            ``(G) A semiautomatic shotgun that has any one of the 
        following:
                    ``(i) A folding, telescoping, or detachable stock.
                    ``(ii) A pistol grip.
                    ``(iii) A fixed magazine with the capacity to 
                accept more than 5 rounds.
                    ``(iv) The ability to accept a detachable magazine.
                    ``(v) A forward grip.
                    ``(vi) A grenade launcher or rocket launcher.
            ``(H) Any shotgun with a revolving cylinder.
            ``(I) All belt-fed semiautomatic firearms.
            ``(J) Any combination of parts from which a firearm 
        described in subparagraphs (A) through (I) can be assembled.
            ``(K) The frame or receiver of a rifle or shotgun described 
        in subparagraph (A), (B), (C), (E), (G), (H), or (I).
    ``(37) The term `large capacity ammunition feeding device'--
            ``(A) means a magazine, belt, drum, feed strip, or similar 
        device, including any such device joined or coupled with 
        another in any manner, that has an overall capacity of, or that 
        can be readily restored, changed, or converted to accept, more 
        than 10 rounds of ammunition; and
            ``(B) does not include an attached tubular device designed 
        to accept, and be capable of operating only with, .22 caliber 
        rimfire ammunition.
    ``(38) The term `barrel shroud'--
            ``(A) means a shroud that is attached to, or partially or 
        completely encircles, the barrel of a firearm so that the 
        shroud protects the user of the firearm from heat generated by 
        the barrel; and
            ``(B) does not include--
                    ``(i) a slide that partially or completely encloses 
                the barrel; or
                    ``(ii) an extension of the stock along the bottom 
                of the barrel which does not encircle or substantially 
                encircle the barrel.
    ``(39) The term `detachable magazine' means an ammunition feeding 
device that can be removed from a firearm without disassembly of the 
firearm action.
    ``(40) The term `fixed magazine' means an ammunition feeding device 
that is permanently fixed to the firearm in such a manner that it 
cannot be removed without disassembly of the firearm.
    ``(41) The term `folding, telescoping, or detachable stock' means a 
stock that folds, telescopes, detaches or otherwise operates to reduce 
the length, size, or any other dimension, or otherwise enhances the 
concealability, of a firearm.
    ``(42) The term `forward grip' means a grip located forward of the 
trigger that functions as a pistol grip.
    ``(43) The term `rocket' means any simple or complex tubelike 
device containing combustibles that on being ignited liberate gases 
whose action propels the tube through the air and has a propellant 
charge of not more than 4 ounces.
    ``(44) The term `grenade launcher or rocket launcher' means an 
attachment for use on a firearm that is designed to propel a grenade, 
rocket, or other similar destructive device.
    ``(45) The term `pistol grip' means, with respect to a shotgun or 
rifle, a pistol style grip, including a thumbhole stock or any other 
characteristic that can function as a pistol style grip.
    ``(46) The term `threaded barrel' means a feature or characteristic 
that is designed in such a manner to allow for the attachment of a 
device such as a firearm silencer or a flash suppressor.
    ``(47) The term `belt-fed semiautomatic firearm' means any 
repeating firearm that--
            ``(A) utilizes a portion of the energy of a firing 
        cartridge to extract the fired cartridge case and chamber the 
        next round;
            ``(B) requires a separate pull of the trigger to fire each 
        cartridge; and
            ``(C) has the capacity to accept a belt ammunition feeding 
        device.''.
    (b) Prohibition.--Chapter 44 of title 18, United States Code, is 
amended--
            (1) in section 922--
                    (A) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by inserting ``(A)'' after 
                                ``(1)''; and
                                    (II) by inserting ``or'' after the 
                                semicolon; and
                            (ii) by adding at the end the following:
            ``(B) any large capacity ammunition feeding device to any 
        individual who the licensee knows or has reasonable cause to 
        believe is less than 21 years of age;'';
                    (B) in subsection (c)(1), by inserting ``a large 
                capacity ammunition feeding device or'' before ``any 
                firearm other than''; and
                    (C) in subsection (x)--
                            (i) in paragraph (1), by striking ``a 
                        juvenile--'' and all that follows through 
                        ``handgun.'' and inserting the following: 
                        ``less than 21 years of age--
            ``(A) a handgun;
            ``(B) a semiautomatic assault weapon;
            ``(C) a large capacity ammunition feeding device; or
            ``(D) ammunition that is suitable for use only in a handgun 
        or semiautomatic assault weapon.'';
                            (ii) in paragraph (2), by striking ``a 
                        juvenile'' and all that follows through 
                        ``handgun.'' and inserting the following: 
                        ``less than 21 years of age to knowingly 
                        possess--
            ``(A) a handgun;
            ``(B) a semiautomatic assault weapon;
            ``(C) a large capacity ammunition feeding device; or
            ``(D) ammunition that is suitable for use only in a handgun 
        or semiautomatic assault weapon.'';
                            (iii) by striking paragraphs (3), (4), and 
                        (5) and inserting the following:
    ``(3) This subsection does not apply to--
            ``(A) a temporary transfer of a covered firearm or covered 
        ammunition to a person who is less than 21 years of age or to 
        the possession or use of a covered firearm or covered 
        ammunition by a person who is less than 21 years of age if the 
        covered firearm or covered ammunition is possessed and used by 
        the person--
                    ``(i) in the course of employment, in the course of 
                ranching or farming related to activities at the 
                residence of the person (or on property used for 
                ranching or farming at which the person, with the 
                permission of the property owner or lessee, is 
                performing activities related to the operation of the 
                farm or ranch), target practice, hunting, or a course 
                of instruction in the safe and lawful use of a covered 
                firearm;
                    ``(ii) with the prior written consent of the 
                person's parent or guardian who is not prohibited by 
                Federal, State, or local law from possessing a firearm, 
                except--
                            ``(I) during transportation by the person 
                        of an unloaded covered firearm in a locked 
                        container directly from the place of transfer 
                        to a place at which an activity described in 
                        clause (i) is to take place and transportation 
                        by the person of that covered firearm, unloaded 
                        and in a locked container, directly from the 
                        place at which such an activity took place to 
                        the transferor; or
                            ``(II) with respect to ranching or farming 
                        activities as described in clause (i), a person 
                        who is less than 21 years of age may possess 
                        and use a covered firearm or covered ammunition 
                        with the prior written approval of the person's 
                        parent or legal guardian and at the direction 
                        of an adult who is not prohibited by Federal, 
                        State or local law from possessing a firearm;
                    ``(iii) the person has the prior written consent in 
                the person's possession at all times when a covered 
                firearm or covered ammunition is in the possession of 
                the person; and
                    ``(iv) in accordance with State and local law;
            ``(B) a person who is less than 21 years of age who is a 
        member of the Armed Forces of the United States or the National 
        Guard who possesses or is armed with a covered firearm or 
        covered ammunition in the line of duty;
            ``(C) a transfer by inheritance of title (but not 
        possession) of a covered firearm or covered ammunition to a 
        person who is less than 21 years of age; or
            ``(D) the possession of a covered firearm or covered 
        ammunition by a person who is less than 21 years of age taken 
        in defense of the person or other individuals against an 
        intruder into the residence of the person or a residence in 
        which the person is an invited guest.
    ``(4) A covered firearm or covered ammunition, the possession of 
which is transferred to a person who is less than 21 years of age in 
circumstances in which the transferor is not in violation of this 
subsection shall not be subject to permanent confiscation by the 
Government if its possession by the person who is less than 21 years of 
age subsequently becomes unlawful because of the conduct of the person 
who is less than 21 years of age, but shall be returned to the lawful 
owner when such covered firearm or covered ammunition is no longer 
required by the Government for the purposes of investigation or 
prosecution.
    ``(5) For purposes of this subsection--
            ``(A) the term `covered ammunition' means ammunition that 
        is suitable for use only in a handgun or a semiautomatic 
        assault weapon; and
            ``(B) the term `covered firearm' means--
                    ``(i) a handgun;
                    ``(ii) a semiautomatic assault weapon; or
                    ``(iii) a large capacity ammunition feeding 
                device.''; and
                            (iv) in paragraph (6)--
                                    (I) in subparagraph (A), by 
                                striking ``a juvenile defendant's 
                                parent or legal guardian'' and 
                                inserting ``the parent or legal 
                                guardian of a defendant who is less 
                                than 21 years of age''; and
                                    (II) in subparagraph (C), by 
                                striking ``a juvenile defendant'' and 
                                inserting ``a defendant who is less 
                                than 21 years of age''; and
            (2) in section 924(a)(6)--
                    (A) in subparagraph (A)--
                            (i) in clause (i), by striking ``juvenile'' 
                        each place the term appears and inserting 
                        ``person who is less than 21 years of age''; 
                        and
                            (ii) in clause (ii)--
                                    (I) in the matter preceding 
                                subclause (I), by striking ``juvenile'' 
                                and inserting ``person who is less than 
                                21 years of age'';
                                    (II) in subclause (I)--
                                            (aa) by striking 
                                        ``juvenile'' and inserting 
                                        ``person who is less than 21 
                                        years of age''; and
                                            (bb) by striking ``handgun 
                                        or ammunition'' and inserting 
                                        ``covered firearm or covered 
                                        ammunition''; and
                                    (III) in subclause (II), by 
                                striking ``juvenile has'' and inserting 
                                ``person who is less than 21 years of 
                                age has''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``juvenile'' each place the 
                        term appears and inserting ``person who is less 
                        than 21 years of age''; and
                            (ii) by striking ``handgun or ammunition'' 
                        each place the term appears and inserting 
                        ``covered firearm or covered ammunition''.
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