[Congressional Record Volume 169, Number 156 (Tuesday, September 26, 2023)]
[Senate]
[Pages S4680-S4681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Blumenthal, Mrs. Feinstein, Mr. 
        Wyden, Mr. Welch, Mr. Kelly, and Ms. Hirono):
  S. 2926. A bill to prohibit the importation, sale, manufacture, 
transfer, or possession of .50 caliber rifles, and for other purposes; 
to the Committee on Finance.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2926

       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 Arming Cartels Act of 
     2023''.

     SEC. 2. PROHIBITION ON RIFLES CAPABLE OF FIRING .50 CALIBER 
                   AMMUNITION.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended--
       (1) in section 922, by adding at the end the following:
       ``(aa) Rifles Capable of Firing .50 Caliber Ammunition.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for any person to import, sell, 
     manufacture, transfer, or possess, in or affecting interstate 
     or foreign commerce, a rifle capable of firing .50 caliber 
     ammunition.
       ``(2) Exceptions.--
       ``(A) Government use.--Paragraph (1) shall not apply to the 
     importation for, manufacture for, sale to, transfer to, or 
     possession by the United States, a department or agency of 
     the United States, a State, or a department, agency, or 
     political subdivision of a State, of a rifle capable of 
     firing .50 caliber ammunition.
       ``(B) Grandfathered rifles.--Paragraph (1) shall not apply 
     to the sale, transfer, or possession of any rifle otherwise 
     lawfully possessed on or before the date of enactment of the 
     Stop Arming Cartels Act of 2023.''; and
       (2) in section 924(a)(1)(B), by striking ``or (q)'' and 
     inserting ``(q), or (aa)''.
       (b) Inclusion of Certain Rifles as Firearms Under National 
     Firearms Act.--
       (1) In general.--Section 5845(a) of the Internal Revenue 
     Code of 1986 is amended by striking ``and (8) a destructive 
     device'' and inserting ``(8) a destructive device; and (9) a 
     rifle which is capable of firing .50 caliber ammunition and 
     is lawfully possessed on or before the date of enactment of 
     the Stop Arming Cartels Act of 2023''.
       (2) Effective date.--
       (A) In general.--Subject to subparagraph (B), the 
     amendments made by this subsection shall take effect on the 
     date which is 12 months after the date of enactment of this 
     Act.
       (B) Registration.--
       (i) In general.--Notwithstanding subparagraph (A) or any 
     other provision of law, any person possessing a rifle which 
     is capable of firing .50 caliber ammunition which is not 
     registered to such person in the National Firearms 
     Registration and Transfer Record shall register each such 
     rifle so possessed with the Secretary in such form and manner 
     as the Secretary may require within the 12-month period 
     immediately following the date of enactment of this Act. No 
     fee or tax shall be imposed with respect to any registration 
     required under this subparagraph.
       (ii) Inclusion in registry.--Any registration described in 
     clause (i) shall become a part of the National Firearms 
     Registration and Transfer Record. No information or evidence 
     required to be submitted or retained by a natural person to 
     register a firearm under this subparagraph shall be used, 
     directly or indirectly, as evidence against such person in 
     any criminal proceeding with respect to a prior or concurrent 
     violation of law.
       (C) Definitions.--In this paragraph:
       (i) National firearms registration and transfer record.--
     The term ``National Firearms Registration and Transfer 
     Record'' means the registry established pursuant to section 
     5841 of the Internal Revenue Code of 1986.
       (ii) Secretary.--The term ``Secretary'' has the same 
     meaning given such term under section 7701(a)(11)(B) of the 
     Internal Revenue Code of 1986.

     SEC. 3. EXCEPTION TO COVERAGE UNDER PROTECTION OF LAWFUL 
                   COMMERCE IN ARMS ACT.

       Section 4(5)(A) of the Protection of Lawful Commerce in 
     Arms Act (15 U.S.C. 7903(5)(A)) is amended--
       (1) in clause (v), by striking ``or'' at the end;
       (2) in clause (vi), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(vii) an action brought against a manufacturer or seller 
     that knowingly sells or transfers a qualified product, or 
     attempts or conspires to do so, knowing or having reasonable 
     cause to believe that the transaction is prohibited under 
     section 805(c) of the Foreign Narcotics Kingpin Designation 
     Act (21 U.S.C. 1904(c)).''.

     SEC. 4. FEDERAL FIREARM PROHIBITOR FOR SIGNIFICANT FOREIGN 
                   NARCOTICS TRAFFICKERS AND CERTAIN OTHER FOREIGN 
                   PERSONS.

       (a) In General.--Section 922(d) of title 18, United States 
     Code, is amended--
       (1) in paragraph (10), by striking ``or'' at the end;
       (2) by redesignating paragraph (11) as paragraph (12);
       (3) by inserting after paragraph (10) the following:
       ``(11) is--
       ``(A) a significant foreign narcotics trafficker publicly 
     identified by the President in a report under subsection (b) 
     or (h)(1) of section 804 of the Foreign Narcotics Kingpin 
     Designation Act (21 U.S.C. 1903); or
       ``(B) a foreign person designated by the Secretary of the 
     Treasury under section 805(b) of the Foreign Narcotics 
     Kingpin Designation Act (21 U.S.C. 1904(b)); or''; and
       (4) in paragraph (12), as so redesignated, by striking 
     ``(10)'' and inserting ``(11)''.

[[Page S4681]]

       (b) Conforming Amendments Relating to NICS.--Section 103 of 
     the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) 
     is amended--
       (1) in subsection (b)(2)(D), by inserting ``or that 
     transfer of a firearm or ammunition to the individual would 
     violate subsection (d)(11) of such section 922'' after 
     ``section 922 of title 18, United States Code,'';
       (2) in subsection (e)(1)--
       (A) in subparagraph (A), by inserting ``or to whom transfer 
     of a firearm would violate subsection (d)(11) of such section 
     922,'' after ``section 922 of title 18, United States Code or 
     State law,'';
       (B) in subparagraph (C), by inserting ``or that transfer of 
     a firearm or ammunition to the person would violate 
     subsection (d)(11) of such section 922,'' after ``section 922 
     of title 18, United States Code,'';
       (C) in subparagraph (F)(iii)(I), by striking ``(g) or (n)'' 
     and inserting ``(d)(11), (g), or (n)''; and
       (D) in subparagraph (G)(i), by striking ``(g) or (n)'' and 
     inserting ``(d)(11), (g), or (n)'';
       (3) in subsection (g), by inserting ``or that transfer of a 
     firearm to a prospective transferee would violate subsection 
     (d)(11) of such section 922,'' after ``section 922 of title 
     18, United States Code or State law,''; and
       (4) in subsection (i)(2)--
       (A) by striking ``persons,'' and inserting ``persons who 
     are''; and
       (B) by inserting before the period at the end the 
     following: ``, or to whom transfer of a firearm would violate 
     subsection (d)(11) of such section 922''.

     SEC. 5. ADDING RIFLES TO MULTIPLE FIREARM SALES REPORTING 
                   REQUIREMENTS.

       Section 923(g)(3)(A) of title 18, United States Code, is 
     amended by striking ``pistols, or revolvers, or any 
     combination of pistols and revolvers'' and inserting 
     ``pistols, revolvers, or rifles, or any combination of 
     pistols, revolvers, and rifles''.
                                 ______