FIRE Act
The FIRE Act, introduced in the Senate, would prohibit capacity-based restrictions on firearm magazines at both the federal and state/local levels. It would amend 18 U.S.C. Chapter 44 to (1) bar federal regulators from enforcing any rule that limits magazine capacity, (2) render state or local laws that limit or penalize magazines based on capacity ineffective, and (3) define key terms such as “firearm magazine” and “capacity.” The act defines a magazine as either fixed or detachable storage that feeds ammunition into a firearm, and defines capacity as the number of rounds the magazine can hold. The amendments would take effect 30 days after enactment. The bill is titled the Freedom from Improper Regulation and Enforcement Act (FIRE Act) and was introduced in the 119th Congress by Senator Risch (with several cosponsors).
Key Points
- 1Federal prohibition on capacity-based regulation: Adds a new provision to 18 U.S.C. § 926(d) stating that federal officers cannot prescribe or enforce any regulation that restricts magazines based on capacity.
- 2State/local prohibition: Amends 18 U.S.C. § 927 to preempt state and local laws that impose capacity-based restrictions on magazines, stating such laws “shall have no force or effect.”
- 3Definitions: Expands 18 U.S.C. § 921(a) to define “firearm magazine” (fixed or detachable device storing and feeding ammunition) and “capacity” (the number of rounds the magazine can hold).
- 4Short title: Establishes the act as the Freedom from Improper Regulation and Enforcement Act (FIRE Act).
- 5Effective date: Applies to conduct occurring on or after 30 days after enactment.