Age 21 Act
This bill raises the minimum age to purchase a large capacity ammunition feeding device or semiautomatic assault weapon from 18 to 21 years of age.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2470 Introduced in Senate (IS)]
<DOC>
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''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S1289)
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