[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5032 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 5032

    To amend title 10, United States Code, to restrict the sale and 
  procurement of certain weapons and ammunition by the Department of 
                    Defense, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2024

  Ms. Warren introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
    To amend title 10, United States Code, to restrict the sale and 
  procurement of certain weapons and ammunition by the Department of 
                    Defense, 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 ``Stop Militarizing Our Streets Act of 
2024''.

SEC. 2. RESTRICTION ON SALES AND PROCUREMENT BY DEPARTMENT OF DEFENSE 
              OF CERTAIN WEAPONS AND AMMUNITION.

    (a) Restriction.--
            (1) In general.--Chapter 763 of title 10, United States 
        Code, is amended by inserting after section 7544 the following:
``Sec. 7545. Restriction on sales and procurement of certain weapons 
              and ammunition
    ``(a) Prohibitions Relating to Certain Highly Dangerous Military-
Grade Weapons and Ammunition.--
            ``(1) Sales in commercial marketplace.--The Secretary of 
        Defense or a private operator of a government-owned plant may 
        not sell to any dealer, directly or through a private 
        contractor, in the commercial marketplace--
                    ``(A) any military-grade assault weapon; or
                    ``(B) any covered ammunition.
            ``(2) Procurement.--The Secretary of Defense may not 
        procure any item from a dealer or manufacturer of firearms or 
        ammunition that sells a military-grade assault weapon or 
        covered ammunition in the commercial marketplace.
    ``(b) Limitations Relating to Other Weapons and Ammunition.--
            ``(1) Applicability.--The provisions of this subsection 
        shall apply to all firearms and ammunition, other than 
        military-grade assault weapons and covered ammunition.
            ``(2) Sales in commercial marketplace.--The Secretary of 
        Defense or a private operator of a government-owned plant may 
        not sell any firearm or ammunition to any dealer in the 
        commercial marketplace that fails to meet the requirements 
        described in paragraph (4).
            ``(3) Procurement.--The Secretary of Defense may not 
        procure any item from a dealer or private manufacturer of 
        firearms or ammunition that sells firearms or ammunition in the 
        commercial marketplace if the dealer or private manufacturer--
                    ``(A) directly sells firearms or ammunition to 
                individual purchasers in the commercial marketplace and 
                fails to meet the requirements described in paragraph 
                (4); or
                    ``(B) sells any firearm or ammunition to any dealer 
                in the commercial marketplace that fails to meets the 
                requirements described in paragraph (4).
            ``(4) Requirements.--The requirements described in this 
        paragraph for any dealer of firearms or ammunition are the 
        following:
                    ``(A) The dealer must--
                            ``(i) with respect to a dealer of firearms, 
                        have a license under chapter 44 of title 18;
                            ``(ii) with respect to a dealer of 
                        ammunition, have a license under subsection 
                        (d)(1); and
                            ``(iii) comply with all requirements under 
                        Federal law for licensees under chapter 44 of 
                        title 18.
                    ``(B) In each of the previous 3 calendar years, the 
                Attorney General has traced not more than 24 firearms 
                used in crimes back to the dealer with a time to crime 
                of less than 3 years.
                    ``(C) With respect to a dealer that sells 
                ammunition, during any 30-day period, the dealer may 
                not transfer to the same individual purchaser--
                            ``(i) more than 500 rounds of covered 
                        ammunition; or
                            ``(ii) more than 1000 rounds of other 
                        ammunition.
                    ``(D) The dealer must agree to a minimum code of 
                conduct that includes the following:
                            ``(i) A refusal to transfer a firearm or 
                        ammunition until the NICS background check 
                        system has verified that the transfer is not 
                        prohibited.
                            ``(ii) The implementation of a security 
                        system, including adequate locks, exterior 
                        lighting, surveillance cameras, alarm systems, 
                        and other anti-theft measures and practices 
                        that the Attorney General may through 
                        regulations prescribe.
                            ``(iii) A refusal to sell firearms in any 
                        marketplace, including online or at a gun show, 
                        unless the marketplace requires every firearm 
                        seller to complete a NICS background check on 
                        prospective firearm purchasers.
                            ``(iv) A refusal to transfer firearms or 
                        ammunition to any person that exhibits signs of 
                        alcohol or drug intoxication or cognitive or 
                        mental instability (as those terms are defined 
                        by the Attorney General, in coordination with 
                        the Secretary of Health and Human Services).
                            ``(v) A refusal to transfer a firearm or 
                        ammunition to any person the dealer knows or 
                        has reason to believe poses a danger to that 
                        person or others.
                            ``(vi) With respect to firearms, the 
                        implementation and maintenance of a remotely 
                        searchable electronic record of--
                                    ``(I) the make, model, caliber or 
                                gauge, and serial number of every 
                                firearm in the inventory of the dealer; 
                                and
                                    ``(II) the performance of quarterly 
                                inventory checks.
                    ``(E) With respect to ammunition, the dealer must 
                implement and maintain a remotely searchable electronic 
                record of--
                            ``(i) importation;
                            ``(ii) production;
                            ``(iii) shipment;
                            ``(iv) receipt;
                            ``(v) sale; and
                            ``(vi) any other disposition of ammunition 
                        at the place of business of the dealer for such 
                        period, and in such form, as the Attorney 
                        General may by regulations prescribe.
                    ``(F) The dealer must implement a mandatory 
                training course developed by the Attorney General, in 
                coordination with the Secretary of Health and Human 
                Services, where appropriate--
                            ``(i) which, with respect to each employee 
                        of the dealer authorized to engage in the 
                        transfer of firearms or ammunition in the 
                        course of the business--
                                    ``(I) an employee as of the date of 
                                enactment of this section completes not 
                                later than 90 days after the date of 
                                enactment of this section; and
                                    ``(II) an employee hired after the 
                                date of enactment of this section 
                                complete not later than 30 days after 
                                the date on which the employee is 
                                hired; and
                            ``(ii) that trains employees on--
                                    ``(I) how to recognize and 
                                identify--
                                            ``(aa) straw purchasers; 
                                        and
                                            ``(bb) any other fraudulent 
                                        activity described in chapter 
                                        44 of title 18, United States 
                                        Code;
                                    ``(II) indicators that a person is 
                                attempting to purchase a firearm or 
                                ammunition illegally;
                                    ``(III) how to recognize and 
                                identify indicators that an individual 
                                intends to use a firearm for unlawful 
                                purposes;
                                    ``(IV) how to recognize and 
                                identify indicators that an individual 
                                intends to use a firearm for self-harm;
                                    ``(V) how to prevent theft or 
                                burglary of firearms and ammunition;
                                    ``(VI) how to respond in the 
                                circumstances described in subclauses 
                                (I) through (V) and the applicable 
                                reporting requirements;
                                    ``(VII) how to verify the age of a 
                                purchaser of a firearm or ammunition;
                                    ``(VIII) with respect to a dealer 
                                of ammunition, how to detect whether a 
                                single purchaser has reached the 
                                applicable ammunition purchase limit to 
                                prevent a violation of subparagraph 
                                (C); and
                                    ``(IX) other reasonable business 
                                practices that the Attorney General 
                                determines will deter firearm 
                                trafficking or deter the provision of a 
                                firearm to an individual who indicates 
                                an intent to use a firearm for unlawful 
                                purposes or for self-harm.
                    ``(G) Not later than 30 days after the date on 
                which the Bureau of Alcohol, Tobacco, Firearms and 
                Explosives releases to the dealer results of any 
                compliance inspection conducted by the Bureau, the 
                dealer must report the results of the inspection to any 
                manufacturer or wholesaler dealer from which the dealer 
                obtains firearms or ammunition.
                    ``(H) The dealer does not maintain financial ties 
                valued at more than $1,000,000 annually with an entity 
                that--
                            ``(i) during the 5-year period preceding 
                        the date of a sale or procurement described in 
                        paragraph (2) or (3), separated from the dealer 
                        through a spin-off transaction; and
                            ``(ii) does not comply with the 
                        requirements of this paragraph.
            ``(5) Inspection results.--With respect to an inspection of 
        a dealer described in paragraph (4)(G), not later than 30 days 
        after the date of the inspection, the Director of the Bureau of 
        Alcohol, Tobacco, Firearms and Explosives shall send to the 
        Department of Defense a copy of the report.
            ``(6) Regulations.--The Attorney General may promulgate 
        necessary regulations to implement the requirements of this 
        subsection.
            ``(7) Interdepartment coordination.--The Attorney General, 
        in coordination with the Secretary of Defense, shall monitor 
        compliance with paragraph (4) by dealers.
            ``(8) Penalty.--A dealer that violates paragraph (4) may 
        not participate in a sale or purchase described in paragraph 
        (2) or (3).
            ``(9) Data sharing.--Notwithstanding any other law, the 
        Attorney General may share crime gun trace data with the 
        Department of Defense as necessary to carry out this section.
    ``(c) Reporting Requirements.--
            ``(1) Government-owned plant report.--Not less frequently 
        than annually, each government-owned plant that produces any 
        ammunition or firearms that are commercially sold shall submit 
        to Congress a report that includes, for the year covered by the 
        report--
                    ``(A) the number of customers of the plant for 
                ammunition or firearms in the commercial marketplace, 
                disaggregated by the State in which the customer is 
                located;
                    ``(B) the revenue of the plant from sales of 
                ammunition or firearms in the commercial marketplace;
                    ``(C) the amount of ammunition or firearms sold by 
                the plant in the commercial marketplace;
                    ``(D) an operational plan for avoiding any 
                diversion of firearms or ammunition into the illegal 
                market or to customers not authorized for purchase 
                under this section; and
                    ``(E) steps taken to implement the plan described 
                in subparagraph (D).
            ``(2) Department of defense report.--Not less frequently 
        than annually, the Secretary of Defense shall submit to 
        Congress a report containing the following:
                    ``(A) A list of manufacturers and dealers from 
                which the Secretary procures firearms that also sell 
                firearms in the commercial market.
                    ``(B) A list of the types of firearms those dealers 
                sell in the commercial market.
                    ``(C) The amount of money the Secretary pays to 
                those dealers for firearms each year.
    ``(d) Licenses for Dealing Ammunition.--
            ``(1) In general.--The Attorney General shall make licenses 
        available to dealers of ammunition, who may apply for such 
        licenses for the purpose of subsection (b)(4)(A)(ii) to be 
        eligible to make the sales or purchases described in paragraph 
        (2) or (3) of subsection (b).
            ``(2) Requirements.--In making licenses available in 
        accordance with paragraph (1), the Attorney General shall apply 
        in a substantially similar manner the requirements under 
        chapter 44 of title 18 for licenses of dealers of firearms to 
        dealers of ammunition.
            ``(3) NICS system.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Stop Militarizing Our 
                Streets Act of 2024, the Attorney General shall 
                authorize a dealer of ammunition licensed in accordance 
                with paragraph (1) to access and use the NICS 
                background check system in accordance with laws 
                applicable to the use of the NICS background check 
                system.
                    ``(B) Authorization.--A dealer of ammunition 
                authorized under subparagraph (A) may use the NICS 
                background check system for the purpose of subsection 
                (b)(4)(D) to be eligible to make the sales or purchases 
                described in paragraph (2) or (3) of subsection (b).
                    ``(C) Ammunition background checks.--A dealer of 
                ammunition licensed in accordance with paragraph (1) 
                may perform a NICS background check on an individual 
                purchasing ammunition from the dealer.
    ``(e) Regulations.--The Attorney General shall promulgate a rule 
with requirements for dealers to comply with the recordkeeping 
requirement described in subsection (b)(4)(E).
    ``(f) Definitions.--In this section:
            ``(1) Ammunition; firearm; manufacturer.--The terms 
        `ammunition', `firearm', and `manufacturer' have the meaning 
        given those terms in section 921(a) of title 18.
            ``(2) Covered ammunition.--The term `covered ammunition'--
                    ``(A) means ammunition that is larger than .22 
                caliber; and
                    ``(B) includes .223 Remington ammunition and 7.62 
                North Atlantic Treaty Organization ammunition.
            ``(3) Dealer.--The term `dealer'--
                    ``(A) has the meaning given the term in section 921 
                of title 18; and
                    ``(B) includes any person engaged in the business 
                of selling ammunition at wholesale or retail, including 
                an unlicensed private vendor of ammunition.
            ``(4) Financial ties.--The term `financial ties'--
                    ``(A) has the meaning given the term by the 
                Secretary of Defense in a regulation; and
                    ``(B) includes a revenue sharing agreement or a 
                transfer of assets through a purchase or sale 
                transaction.
            ``(5) Gas-operated.--The term `gas-operated', with respect 
        to a firearm, means that the firearm harnesses or traps a 
        portion of the high-pressure gas from a fired cartridge to 
        cycle the action using--
                    ``(A) a long stroke piston, in which gas is vented 
                from the barrel to a piston that is mechanically fixed 
                to the bolt group and moves to cycle the action;
                    ``(B) a short stroke piston, in which gas is vented 
                from the barrel to a piston that moves separately from 
                the bolt group so that the energy is imparted through a 
                gas piston to cycle the action;
                    ``(C) a system that traps and vents gas from the 
                barrel or the chamber to directly strike or impinge the 
                bolt, bolt carrier, or slide assembly to unlock and 
                cycle the action;
                    ``(D) a hybrid system that combines elements of a 
                system described in subparagraph (C) with a system 
                described in subparagraph (A) or (B) to capture gas 
                vented from the barrel to cycle the action; or
                    ``(E) a blowback-operated system that directly uses 
                the expanding gases of the ignited propellant powder 
                acting on the cartridge case to drive the breechblock 
                or breech bolt rearward.
            ``(6) Government-owned plant.--The term `government-owned 
        plant' means a facility owned by the Federal Government that 
        produces firearms or ammunition.
            ``(7) Gun show.--The term `gun show' means a gun show or an 
        event described in section 478.100(b) of title 27, Code of 
        Federal Regulations, or any successor regulation.
            ``(8) Large-capacity ammunition feeding device.--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 capable of operating only with, 
                .22 caliber rimfire ammunition.
            ``(9) Military-grade assault weapon.--The term `military-
        grade assault weapon' means a firearm that--
                    ``(A) is semi-automatic;
                    ``(B) is--
                            ``(i) gas-operated or has been modified to 
                        operate as a gas-operated firearm;
                            ``(ii) recoil-operated or has been modified 
                        to operate as a recoil-operated firearm, except 
                        for recoil-operated handguns; or
                            ``(iii) designed and functions, or can be 
                        readily modified, to materially increase the 
                        rate of fire of the firearm; and
                    ``(C) has--
                            ``(i) a fixed ammunition feeding device 
                        with the capacity to accept more than 10 rounds 
                        of ammunition; or
                            ``(ii) the capacity to accept a large-
                        capacity ammunition feeding device.
            ``(10) NICS background check.--The term `NICS background 
        check' means a background check through the national instant 
        criminal background check system established under section 103 
        of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901).
            ``(11) Recoil-operated.--The term `recoil-operated' with 
        respect to a firearm, means that the firearm uses the recoil 
        force to unlock the breech bolt and complete the cycle of 
        extracting, ejecting, and reloading.
            ``(12) Semi-automatic.--The term `semi-automatic', with 
        respect to a firearm, means any repeating firearm, other than a 
        machine gun, that--
                    ``(A) uses a portion of the energy of a firing 
                cartridge or shell to extract the fired cartridge case 
                or fired shell casing and chamber the next round; and
                    ``(B) requires a separate pull, release, push, or 
                other method of initiation of the trigger to fire each 
                cartridge or shell.
            ``(13) Spin-off transaction.--The term `spin-off 
        transaction' means a transaction that separates a division or 
        line of business from a parent company of an entity.
            ``(14) Straw purchase.--The term `straw purchase'--
                    ``(A) with respect to a firearm, means a purchase 
                described in section 932(b) of title 18; and
                    ``(B) with respect to ammunition, means a purchase 
                described in 932(b) of title 18, except that, for the 
                purpose of this subparagraph, any reference in that 
                section to `firearm' shall be deemed to be a reference 
                to `ammunition'.
            ``(15) Time to crime.--The term `time to crime' means the 
        period of time between the retail sale of a firearm and the 
        recovery of the firearm by a law enforcement agency as a result 
        of the use or suspected use of the firearm in a crime.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 7544 the following new item:

``7545. Restriction on sales and procurement of certain weapons and 
                            ammunition.''.
    (b) Conforming Amendments.--
            (1) Cooperative activities with non-army entities.--Section 
        7544(c) of title 10, United States Code, is amended by adding 
        at the end the following new paragraph:
            ``(5) The non-Army entity abides by the commercial sale 
        restrictions set forth in section 7545 of this title.''.
            (2) Policy.--Section 7552 of such title is amended, in the 
        matter preceding paragraph (1), by striking ``It'' and 
        inserting ``Subject to the restrictions set forth under section 
        7545 of this title, it''.
            (3) Armament retooling and manufacturing support 
        initiative.--Section 7553(b) of such title is amended, in the 
        matter preceding paragraph (1), by striking ``The'' and 
        inserting ``Subject to the restrictions set forth under section 
        7545 of this title, the''.
    (c) Authorization of Appropriations for Increased NICS Funding.--
There are authorized to be appropriated to the Attorney General such 
sums as are necessary to carry out the amendments made by this section, 
including to upgrade and maintain the national instant criminal 
background check system established under section 103 of the Brady 
Handgun Violence Prevention Act (34 U.S.C. 40901).
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