FIRE Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2813 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 2813

   To amend chapter 44 of title 18, United States Code, to prohibit 
    capacity-based restrictions on firearm magazines, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2025

  Mr. Risch (for himself, Mr. Cotton, Mr. Crapo, Mrs. Hyde-Smith, Mr. 
 Justice, Ms. Lummis, Mr. Mullin, Mr. Tillis, and Mr. Budd) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend chapter 44 of title 18, United States Code, to prohibit 
    capacity-based restrictions on firearm magazines, 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 ``Freedom from Improper Regulation and 
Enforcement Act'' or the ``FIRE Act''.

SEC. 2. PROHIBITIONS RELATING TO CAPACITY-BASED RESTRICTIONS ON FIREARM 
              MAGAZINES.

    (a) Federal Restrictions.--Section 926 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(d) Capacity-Based Restrictions on Firearm Magazines.--An officer 
or employee of the Federal Government may not prescribe or enforce any 
regulation that imposes any limitation or prohibition in relation to a 
firearm magazine based on the capacity of the magazine.''.
    (b) State and Local Restrictions.--Section 927 of title 18, United 
States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``No''; and
            (2) by adding at the end the following:
    ``(b) Capacity-Based Restrictions on Firearm Magazines.--A State or 
local law that imposes any limitation, prohibition, or penalty in 
relation to a firearm magazine based on the capacity of the magazine 
shall have no force or effect.''.
    (c) Firearm Magazine Defined.--Section 921(a) of title 18, United 
States Code, is amended by adding at the end the following:
    ``(39)(A) The term `firearm magazine' means a fixed or detachable 
device used to store ammunition and feed ammunition into a firearm.
    ``(B) The term `capacity' means, with respect to a firearm 
magazine, the number of rounds of ammunition that can be stored in the 
magazine.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to conduct engaged in on or after the date that is 
30 days after the date of enactment of this Act.
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