[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5135 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5135

  To amend the Internal Revenue Code of 1986 to impose an additional 
   1,000 percent excise tax on the sale of large capacity ammunition 
   feeding devices and semiautomatic assault weapons, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 2023

 Mr. Beyer (for himself, Ms. Velazquez, Ms. Barragan, Ms. Schakowsky, 
 Mr. Evans, Mr. Casten, Mr. Mfume, Mr. Raskin, Ms. Norton, Mr. Carson, 
  Mr. Lynch, Ms. Porter, Mr. Johnson of Georgia, Mr. Blumenauer, Mr. 
Connolly, Mr. Cohen, Mr. Grijalva, Ms. Meng, Ms. McCollum, Mrs. Trahan, 
 Ms. Tlaib, Mr. Ruppersberger, Mrs. Watson Coleman, Mr. Lieu, and Ms. 
Lee of California) introduced the following bill; which was referred to 
                    the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to impose an additional 
   1,000 percent excise tax on the sale of large capacity ammunition 
   feeding devices and semiautomatic assault weapons, 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 ``Assault Weapons Excise Act''.

SEC. 2. IMPOSITION OF ADDITIONAL EXCISE TAX ON LARGE CAPACITY 
              AMMUNITION FEEDING DEVICES AND SEMIAUTOMATIC ASSAULT 
              WEAPONS.

    (a) In General.--Section 4181 of the Internal Revenue Code of 1986 
is amended--
            (1) by striking ``There is hereby'' and inserting the 
        following:
    ``(a) In General.--There is hereby'', and
            (2) by adding at the end the following new subsection:
    ``(b) Additional Tax on Large Capacity Ammunition Feeding Devices 
and Semiautomatic Assault Weapons.--
            ``(1) In general.--In addition to the tax imposed by 
        subsection (a), there is hereby imposed upon the sale by the 
        manufacturer, producer, or importer of any of the following 
        articles a tax equivalent to 1,000 percent of the price for 
        which so sold:
                    ``(A) Large capacity ammunition feeding devices.
                    ``(B) Semiautomatic assault weapons.
            ``(2) Large capacity ammunition feeding device.--For 
        purposes of this subsection--
                    ``(A) In general.--The term `large capacity 
                ammunition feeding device' 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.
                    ``(B) Certain devices not included.--Such term does 
                not include an attached tubular device designed to 
                accept, and capable of operating only with, .22 caliber 
                rimfire ammunition.
            ``(3) Semiautomatic assault weapon.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `semiautomatic assault 
                weapon' means any of the following:
                            ``(i) A semiautomatic rifle that--
                                    ``(I) has the capacity to use a 
                                magazine that is not a fixed magazine, 
                                and
                                    ``(II) has any of the following:
                                            ``(aa) A pistol grip.
                                            ``(bb) A forward grip.
                                            ``(cc) A folding, 
                                        telescoping, or detachable 
                                        stock, or the ability to 
                                        otherwise fold or adjust in a 
                                        manner that operates to reduce 
                                        the length, size, or any other 
                                        dimension, or otherwise enhance 
                                        the concealability, of such 
                                        rifle.
                                            ``(dd) A functional grenade 
                                        launcher.
                                            ``(ee) A barrel shroud.
                                            ``(ff) A threaded barrel.
                            ``(ii) 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 capable of 
                        operating only with, .22 caliber rimfire 
                        ammunition.
                            ``(iii) Any part, combination of parts, 
                        component, device, attachment, or accessory 
                        that is designed or functions to accelerate the 
                        rate of fire of a semiautomatic firearm but not 
                        convert the semiautomatic firearm into a 
                        machinegun.
                            ``(iv) A semiautomatic pistol that--
                                    ``(I) has the capacity to use a 
                                magazine that is not a fixed magazine, 
                                and
                                    ``(II) has any of the following:
                                            ``(aa) A threaded barrel.
                                            ``(bb) A second pistol 
                                        grip.
                                            ``(cc) A barrel shroud.
                                            ``(dd) The capacity to 
                                        accept a detachable magazine at 
                                        some location outside of the 
                                        pistol grip.
                                            ``(ee) A design which is 
                                        identical to, or nearly 
                                        identical to, a design intended 
                                        for a machinegun.
                                            ``(ff) A manufactured 
                                        weight of 50 ounces or more 
                                        when unloaded.
                                            ``(gg) A stabilizing brace 
                                        or similar component.
                                            ``(hh) A buffer tube or 
                                        other part that protrudes 
                                        horizontally behind the pistol 
                                        grip.
                            ``(v) A semiautomatic pistol with a fixed 
                        magazine that has the capacity to accept more 
                        than 10 rounds.
                            ``(vi) A semiautomatic shotgun that--
                                    ``(I) either--
                                            ``(aa) has a fixed magazine 
                                        with the capacity to accept 
                                        more than 5 rounds, or
                                            ``(bb) does not have a 
                                        fixed magazine, and
                                    ``(II) has any of the following:
                                            ``(aa) A folding, 
                                        telescoping, or detachable 
                                        stock.
                                            ``(bb) A pistol grip or 
                                        bird's head grip.
                                            ``(cc) The ability to 
                                        accept a detachable magazine.
                                            ``(dd) A forward grip.
                                            ``(ee) A functional grenade 
                                        launcher.
                            ``(vii) Any shotgun with a revolving 
                        cylinder.
                            ``(viii) All belt-fed semiautomatic 
                        firearms, including TNW M2HB and FN M2495.
                            ``(ix) Any combination of parts from which 
                        a firearm described in clauses (i) through 
                        (viii) can be assembled.
                            ``(x) The frame or receiver of a rifle or 
                        shotgun described in clause (i), (ii), (iii), 
                        (vi), or (viii).
                    ``(B) Certain firearms not included.--Such term 
                does not include any firearm that is manually operated 
                by bolt or lever action, or that is only capable of 
                firing rimfire ammunition.''.
    (b) Exemption From Additional Tax for Articles Acquired by the 
United States.--Section 4182 of such Code is amended by redesignating 
subsection (d) as subsection (e) and by inserting after subsection (c) 
the following new subsection:
    ``(d) Exemption From Additional Tax for Articles Acquired by the 
United States.--The tax imposed by section 4181(b) shall not apply to 
any article which is purchased by the United States or by a State or 
local government.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to sales after the date of the enactment of this Act.
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