[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 138 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 138

  To prohibit the transfer or possession of large capacity ammunition 
                feeding devices, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2013

Mrs. McCarthy of New York (for herself and Ms. DeGette) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To prohibit the transfer or possession of large capacity ammunition 
                feeding devices, 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 ``Large Capacity Ammunition Feeding 
Device Act''.

SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY 
              AMMUNITION FEEDING DEVICES.

    (a) Definition.--Section 921(a) of title 18, United States Code, is 
amended by inserting after paragraph (29) the following:
            ``(30) The term `large capacity ammunition feeding 
        device'--
                    ``(A) means a magazine, belt, drum, feed strip, or 
                similar device that has a capacity of, or that can be 
                readily restored or converted to accept, more than 10 
                rounds of ammunition; but
                    ``(B) does not include an attached tubular device 
                designed to accept, and capable of operating only with, 
                .22 caliber rimfire ammunition.''.
    (b) Prohibitions.--Section 922 of such title is amended by 
inserting after subsection (u) the following:
    ``(v)(1)(A)(i) Except as provided in clause (ii), it shall be 
unlawful for a person to transfer or possess a large capacity 
ammunition feeding device.
    ``(ii) Clause (i) shall not apply to the possession of a large 
capacity ammunition feeding device otherwise lawfully possessed within 
the United States on or before the date of the enactment of this 
subsection.
    ``(B) It shall be unlawful for any person to import or bring into 
the United States a large capacity ammunition feeding device.
    ``(2) Paragraph (1) shall not apply to--
            ``(A) a manufacture for, transfer to, or possession by the 
        United States or a department or agency of the United States or 
        a State or a department, agency, or political subdivision of a 
        State, or a transfer to or possession by a law enforcement 
        officer employed by such an entity for purposes of law 
        enforcement (whether on or off duty);
            ``(B) a transfer to a licensee under title I of the Atomic 
        Energy Act of 1954 for purposes of establishing and maintaining 
        an on-site physical protection system and security organization 
        required by Federal law, or possession by an employee or 
        contractor of such a licensee on-site for such purposes or off-
        site for purposes of licensee-authorized training or 
        transportation of nuclear materials;
            ``(C) the possession, by an individual who is retired from 
        service with a law enforcement agency and is not otherwise 
        prohibited from receiving ammunition, of a large capacity 
        ammunition feeding device transferred to the individual by the 
        agency upon that retirement; or
            ``(D) a manufacture, transfer, or possession of a large 
        capacity ammunition feeding device by a licensed manufacturer 
        or licensed importer for the purposes of testing or 
        experimentation authorized by the Attorney General.''.
    (c) Penalties.--Section 924(a) of such title is amended by adding 
at the end the following:
    ``(8) Whoever knowingly violates section 922(v) shall be fined 
under this title, imprisoned not more than 10 years, or both.''.
    (d) Identification Markings.--Section 923(i) of such title is 
amended by adding at the end the following: ``A large capacity 
ammunition feeding device manufactured after the date of the enactment 
of this sentence shall be identified by a serial number that clearly 
shows that the device was manufactured after such date of enactment, 
and such other identification as the Attorney General may by regulation 
prescribe.''.
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