I
118THCONGRESS
1
STSESSION H. R. 396
To regulate bump stocks in the same manner as machineguns.
IN THE HOUSE OF REPRESENTATIVES
JANUARY17, 2023
Ms. T
ITUS(for herself, Mr. KILDEE, and Mr. FITZPATRICK) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned
A BILL
To regulate bump stocks in the same manner as
machineguns.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Closing the Bump 4
Stock Loophole Act of 2023’’. 5
SEC. 2. BUMP STOCKS. 6
(a) I
NGENERAL.—Section 5845 of the Internal Rev-7
enue Code of 1986 is amended— 8
VerDate Sep 11 2014 03:42 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H396.IH H396
kjohnson on DSK79L0C42PROD with BILLS 2
•HR 396 IH
(1) in subsection (a), by striking ‘‘and (8) a de-1
structive device.’’ and inserting ‘‘(8) a destructive 2
device; and (9) a bump stock.’’; and 3
(2) by adding at the end the following new sub-4
sections: 5
‘‘(n) B
UMPSTOCK.—The term ‘bump stock’ means 6
any of the following: 7
‘‘(1) Any manual, power-driven, or electronic 8
device that is designed such that when the device is 9
attached to a semiautomatic weapon, the device 10
eliminates the need for the operator of a semiauto-11
matic weapon to make a separate movement for each 12
individual function of the trigger and— 13
‘‘(A) materially increases the rate of fire of 14
the semiautomatic weapon, or 15
‘‘(B) approximates the action or rate of 16
fire of a machinegun. 17
‘‘(2) Any part or combination of parts that is 18
designed and functions to eliminate the need for the 19
operator of a semiautomatic weapon to make a sepa-20
rate movement for each individual function of the 21
trigger and— 22
‘‘(A) materially increases the rate of fire of 23
a semiautomatic weapon, or 24
VerDate Sep 11 2014 03:42 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H396.IH H396
kjohnson on DSK79L0C42PROD with BILLS 3
•HR 396 IH
‘‘(B) approximates the action or rate of 1
fire of a machinegun. 2
‘‘(3) Any semiautomatic weapon that has been 3
modified in any way that eliminates the need for the 4
operator of the semiautomatic weapon to make a 5
separate movement for each individual function of 6
the trigger and— 7
‘‘(A) materially increases the rate of fire of 8
the semiautomatic weapon, or 9
‘‘(B) approximates the action or rate of 10
fire of a machinegun. 11
‘‘(o) S
EMIAUTOMATIC WEAPON.—The term ‘semi-12
automatic weapon’ means any repeating weapon that— 13
‘‘(1) utilizes a portion of the energy of a firing 14
cartridge or shell to extract the fired cartridge case 15
or shell casing and chamber the next round, and 16
‘‘(2) requires a separate function of the trigger 17
to fire each cartridge or shell.’’. 18
(b) A
MENDMENTS TO TITLE18, UNITEDSTATES 19
C
ODE.— 20
(1) Section 921(a) of title 18, United States 21
Code, is amended— 22
(A) in paragraph (3), by striking ‘‘muffler 23
or firearm silencer’’ and inserting ‘‘muffler, 24
firearm silencer, or bump stock’’; and 25
VerDate Sep 11 2014 03:42 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H396.IH H396
kjohnson on DSK79L0C42PROD with BILLS 4
•HR 396 IH
(B) by adding at the end the following: 1
‘‘(38) The term ‘bump stock’ has the meaning given 2
such term in section 5845(n) of the National Firearms 3
Act (26 U.S.C. 5845(n)).’’. 4
(2) Section 922 of title 18, United States Code, 5
is amended— 6
(A) in each of subsections (a)(4) and 7
(b)(4), by inserting ‘‘bump stock,’’ before ‘‘ma-8
chinegun’’; and 9
(B) in subsection (o)— 10
(i) in paragraph (1), by inserting ‘‘or 11
bump stock’’ before the period; and 12
(ii) in paragraph (2)— 13
(I) in subparagraph (A), by strik-14
ing ‘‘or’’ at the end; 15
(II) in subparagraph (B), by 16
striking the period and inserting ‘‘; 17
or’’; and 18
(III) by adding at the end the 19
following: 20
‘‘(C) the otherwise lawful possession of a bump 21
stock that, on or before the date that is 1 year after 22
the date of the enactment of this subparagraph, is 23
registered to the possessor in accordance with sec-24
tion 5841 of the Internal Revenue Code of 1986.’’. 25
VerDate Sep 11 2014 03:42 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H396.IH H396
kjohnson on DSK79L0C42PROD with BILLS 5
•HR 396 IH
(c) EFFECTIVEDATE.— 1
(1) I
N GENERAL.—The amendments made by 2
this section shall take effect on the date of the en-3
actment of this Act. 4
(2) A
PPLICATION TO POSSESSION ON DATE OF 5
ENACTMENT.—Notwithstanding paragraph (1), any 6
person on the date of the enactment of this Act pos-7
sessing a bump stock as defined in section 5845(n) 8
of the Internal Revenue Code of 1986 (as amended 9
by this Act) shall, not later than the date that is 1 10
year after the date of the enactment of this Act, reg-11
ister such bump stock in accordance with section 12
5841 of the Internal Revenue Code of 1986 and in-13
clude with such registration the information required 14
under section 5841(a) of such Code. Such registra-15
tion shall become a part of the National Firearms 16
Registration and Transfer Record required to be 17
maintained by such section. The prohibition on pos-18
session of an unregistered firearm under section 19
5861 of such Code shall not apply to a bump stock 20
described in this Act on any date that is 1 year or 21
less after the enactment of this Act. 22
Æ
VerDate Sep 11 2014 03:42 Jan 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H396.IH H396
kjohnson on DSK79L0C42PROD with BILLS