Introduced in Senate — S. 367

119th CONGRESS

1st Session

S. 367

IN THE SENATE OF THE UNITED STATES

February 3, 2025

Mr. Durbin (for himself, Mr. Blumenthal, Ms. Hirono, Mr. Booker, Mr. Kelly, Mr. Kaine, Mr. Kim, Mr. Gallego, Mr. Murphy, Mr. Reed, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To prohibit the importation, sale, manufacture, transfer, or possession of .50 caliber rifles, 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 Arming Cartels Act of 2025.

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 2025.; 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 2025.

(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).

(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.