Introduced in Senate — S. 2813

119th CONGRESS

1st Session

S. 2813

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.