H.R. 7827

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7827 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7827

To amend title 10, United States Code, to restrict the sale and 
procurement of certain weapons and ammunition by the Department of 
Defense, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 5, 2026

Mr. Garcia of California (for himself, Mr. Garcia of Illinois, Mr. 
Johnson of Georgia, Ms. Tlaib, Mr. Doggett, Mr. Frost, Ms. Scanlon, Ms. 
Norton, Mr. Goldman of New York, Ms. Lee of Pennsylvania, Mr. Gomez, 
Mr. Amo, Mr. Green of Texas, Ms. Simon, Ms. Garcia of Texas, Mrs. 
Beatty, Ms. Chu, and Ms. Schakowsky) introduced the following bill; 
which was referred to the Committee on Armed Services, 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 concerned

_______________________________________________________________________

A BILL

To amend title 10, United States Code, to restrict the sale and 
procurement of certain weapons and ammunition by the Department of 
Defense, 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 Militarizing Our Streets Act of 
2026''.

SEC. 2. RESTRICTION ON SALES AND PROCUREMENT BY DEPARTMENT OF DEFENSE 
OF CERTAIN WEAPONS AND AMMUNITION.

(a) Restriction.--
(1) In general.--Chapter 763 of title 10, United States 
Code, is amended by inserting after section 7544 the following:
``Sec. 7545. Restriction on sales and procurement of certain weapons 
and ammunition
``(a) Prohibitions Relating to Certain Highly Dangerous Military-
Grade Weapons and Ammunition.--
``(1) Sales in commercial marketplace.--The Secretary of 
Defense or a private operator of a government-owned plant may 
not sell to any dealer, directly or through a private 
contractor, in the commercial marketplace--
``(A) any military-grade assault weapon; or
``(B) any covered ammunition.
``(2) Procurement.--The Secretary of Defense may not 
procure any item from a dealer or manufacturer of firearms or 
ammunition that sells a military-grade assault weapon or 
covered ammunition in the commercial marketplace.
``(b) Limitations Relating to Other Weapons and Ammunition.--
``(1) Applicability.--The provisions of this subsection 
shall apply to all firearms and ammunition, other than 
military-grade assault weapons and covered ammunition.
``(2) Sales in commercial marketplace.--The Secretary of 
Defense or a private operator of a government-owned plant may 
not sell any firearm or ammunition to any dealer in the 
commercial marketplace that fails to meet the requirements 
described in paragraph (4).
``(3) Procurement.--The Secretary of Defense may not 
procure any item from a dealer or private manufacturer of 
firearms or ammunition that sells firearms or ammunition in the 
commercial marketplace if the dealer or private manufacturer--
``(A) directly sells firearms or ammunition to 
individual purchasers in the commercial marketplace and 
fails to meet the requirements described in paragraph 
(4); or
``(B) sells any firearm or ammunition to any dealer 
in the commercial marketplace that fails to meets the 
requirements described in paragraph (4).
``(4) Requirements.--The requirements described in this 
paragraph for any dealer of firearms or ammunition are the 
following:
``(A) The dealer must--
``(i) with respect to a dealer of firearms, 
have a license under chapter 44 of title 18;
``(ii) with respect to a dealer of 
ammunition, have a license under subsection 
(d)(1); and
``(iii) comply with all requirements under 
Federal law for licensees under chapter 44 of 
title 18.
``(B) In each of the previous 3 calendar years, the 
Attorney General has traced not more than 24 firearms 
used in crimes back to the dealer with a time-to-crime 
of less than 3 years.
``(C) With respect to a dealer that sells 
ammunition, during any 30-day period, the dealer may 
not transfer to the same individual purchaser--
``(i) more than 500 rounds of covered 
ammunition; or
``(ii) more than 1000 rounds of other 
ammunition.
``(D) The dealer must agree to a minimum code of 
conduct that includes the following:
``(i) A refusal to transfer a firearm or 
ammunition until the NICS background check 
system has verified that the transfer is not 
prohibited.
``(ii) The implementation of a security 
system, including adequate locks, exterior 
lighting, surveillance cameras, alarm systems, 
and other anti-theft measures and practices 
that the Attorney General may through 
regulations prescribe.
``(iii) A refusal to sell firearms in any 
marketplace, including online or at a gun show, 
unless the marketplace requires every firearm 
seller to complete a NICS background check on 
prospective firearm purchasers.
``(iv) A refusal to transfer firearms or 
ammunition to any person that exhibits signs of 
alcohol or drug intoxication or cognitive or 
mental instability (as those terms are defined 
by the Attorney General, in coordination with 
the Secretary of Health and Human Services).
``(v) A refusal to transfer a firearm or 
ammunition to any person the dealer knows or 
has reason to believe poses a danger to that 
person or others.
``(vi) With respect to firearms, the 
implementation and maintenance of a remotely 
searchable electronic record of--
``(I) the make, model, caliber or 
gauge, and serial number of every 
firearm in the inventory of the dealer; 
and
``(II) the performance of quarterly 
inventory checks.
``(E) With respect to ammunition, the dealer must 
implement and maintain a remotely searchable electronic 
record of--
``(i) importation;
``(ii) production;
``(iii) shipment;
``(iv) receipt;
``(v) sale; and
``(vi) any other disposition of ammunition 
at the place of business of the dealer for such 
period, and in such form, as the Attorney 
General may by regulations prescribe.
``(F) The dealer must implement a mandatory 
training course developed by the Attorney General, in 
coordination with the Secretary of Health and Human 
Services, where appropriate--
``(i) which, with respect to each employee 
of the dealer authorized to engage in the 
transfer of firearms or ammunition in the 
course of the business--
``(I) an employee as of the date of 
enactment of this section completes not 
later than 90 days after the date of 
enactment of this section; and
``(II) an employee hired after the 
date of enactment of this section 
complete not later than 30 days after 
the date on which the employee is 
hired; and
``(ii) that trains employees on--
``(I) how to recognize and 
identify--
``(aa) straw purchasers; 
and
``(bb) any other fraudulent 
activity described in chapter 
44 of title 18, United States 
Code;
``(II) indicators that a person is 
attempting to purchase a firearm or 
ammunition illegally;
``(III) how to recognize and 
identify indicators that an individual 
intends to use a firearm for unlawful 
purposes;
``(IV) how to recognize and 
identify indicators that an individual 
intends to use a firearm for self-harm;
``(V) how to prevent theft or 
burglary of firearms and ammunition;
``(VI) how to respond in the 
circumstances described in subclauses 
(I) through (V) and the applicable 
reporting requirements;
``(VII) how to verify the age of a 
purchaser of a firearm or ammunition;
``(VIII) with respect to a dealer 
of ammunition, how to detect whether a 
single purchaser has reached the 
applicable ammunition purchase limit to 
prevent a violation of subparagraph 
(C); and
``(IX) other reasonable business 
practices that the Attorney General 
determines will deter firearm 
trafficking or deter the provision of a 
firearm to an individual who indicates 
an intent to use a firearm for unlawful 
purposes or for self-harm.
``(G) Not later than 30 days after the date on 
which the Bureau of Alcohol, Tobacco, Firearms and 
Explosives releases to the dealer results of any 
compliance inspection conducted by the Bureau, the 
dealer must report the results of the inspection to any 
manufacturer or wholesaler dealer from which the dealer 
obtains firearms or ammunition.
``(H) The dealer does not maintain financial ties 
valued at more than $1,000,000 annually with an entity 
that--
``(i) during the 5-year period preceding 
the date of a sale or procurement described in 
paragraph (2) or (3), separated from the dealer 
through a spin-off transaction; and
``(ii) does not comply with the 
requirements of this paragraph.
``(5) Inspection results.--With respect to an inspection of 
a dealer described in paragraph (4)(G), not later than 30 days 
after the date of the inspection, the Director of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives shall send to the 
Department of Defense a copy of the report.
``(6) Regulations.--The Attorney General may promulgate 
necessary regulations to implement the requirements of this 
subsection.
``(7) Interdepartment coordination.--The Attorney General, 
in coordination with the Secretary of Defense, shall monitor 
compliance with paragraph (4) by dealers.
``(8) Penalty.--A dealer that violates paragraph (4) may 
not participate in a sale or purchase described in paragraph 
(2) or (3).
``(9) Data sharing.--Notwithstanding any other law, the 
Attorney General may share crime gun trace data with the 
Department of Defense as necessary to carry out this section.
``(c) Reporting Requirements.--
``(1) Government-owned plant report.--Not less frequently 
than annually, each government-owned plant that produces any 
ammunition or firearms that are commercially sold shall submit 
to Congress a report that includes, for the year covered by the 
report--
``(A) the number of customers of the plant for 
ammunition or firearms in the commercial marketplace, 
disaggregated by the State in which the customer is 
located;
``(B) the revenue of the plant from sales of 
ammunition or firearms in the commercial marketplace;
``(C) the amount of ammunition or firearms sold by 
the plant in the commercial marketplace;
``(D) an operational plan for avoiding any 
diversion of firearms or ammunition into the illegal 
market or to customers not authorized for purchase 
under this section; and
``(E) steps taken to implement the plan described 
in subparagraph (D).
``(2) Department of defense report.--Not less frequently 
than annually, the Secretary of Defense shall submit to 
Congress a report containing the following:
``(A) A list of manufacturers and dealers from 
which the Secretary procures firearms that also sell 
firearms in the commercial market.
``(B) A list of the types of firearms those dealers 
sell in the commercial market.
``(C) The amount of money the Secretary pays to 
those dealers for firearms each year.
``(d) Licenses for Dealing Ammunition.--
``(1) In general.--The Attorney General shall make licenses 
available to dealers of ammunition, who may apply for such 
licenses for the purpose of subsection (b)(4)(A)(ii) to be 
eligible to make the sales or purchases described in paragraph 
(2) or (3) of subsection (b).
``(2) Requirements.--In making licenses available in 
accordance with paragraph (1), the Attorney General shall apply 
in a substantially similar manner the requirements under 
chapter 44 of title 18 for licenses of dealers of firearms to 
dealers of ammunition.
``(3) NICS system.--
``(A) In general.--Not later than 180 days after 
the date of enactment of the Stop Militarizing Our 
Streets Act of 2026, the Attorney General shall 
authorize a dealer of ammunition licensed in accordance 
with paragraph (1) to access and use the NICS 
background check system in accordance with laws 
applicable to the use of the NICS background check 
system.
``(B) Authorization.--A dealer of ammunition 
authorized under subparagraph (A) may use the NICS 
background check system for the purpose of subsection 
(b)(4)(D) to be eligible to make the sales or purchases 
described in paragraph (2) or (3) of subsection (b).
``(C) Ammunition background checks.--A dealer of 
ammunition licensed in accordance with paragraph (1) 
may perform a NICS background check on an individual 
purchasing ammunition from the dealer.
``(e) Regulations.--The Attorney General shall promulgate a rule 
with requirements for dealers to comply with the recordkeeping 
requirement described in subsection (b)(4)(E).
``(f) Definitions.--In this section:
``(1) Ammunition; firearm; manufacturer.--The terms 
`ammunition', `firearm', and `manufacturer' have the meaning 
given those terms in section 921(a) of title 18.
``(2) Covered ammunition.--The term `covered ammunition'--
``(A) means ammunition that is .22 caliber or 
larger; and
``(B) includes .223 Remington ammunition and 7.62 
North Atlantic Treaty Organization ammunition.
``(3) Dealer.--The term `dealer'--
``(A) has the meaning given the term in section 921 
of title 18; and
``(B) includes any person engaged in the business 
of selling ammunition at wholesale or retail, including 
an unlicensed private vendor of ammunition.
``(4) Financial ties.--The term `financial ties'--
``(A) has the meaning given the term by the 
Secretary of Defense in a regulation; and
``(B) includes a revenue sharing agreement or a 
transfer of assets through a purchase or sale 
transaction.
``(5) Gas-operated.--The term `gas-operated', with respect 
to a firearm, means that the firearm harnesses or traps a 
portion of the high-pressure gas from a fired cartridge to 
cycle the action using--
``(A) a long stroke piston, in which gas is vented 
from the barrel to a piston that is mechanically fixed 
to the bolt group and moves to cycle the action;
``(B) a short stroke piston, in which gas is vented 
from the barrel to a piston that moves separately from 
the bolt group so that the energy is imparted through a 
gas piston to cycle the action;
``(C) a system that traps and vents gas from the 
barrel or the chamber to directly strike or impinge the 
bolt, bolt carrier, or slide assembly to unlock and 
cycle the action;
``(D) a hybrid system that combines elements of a 
system described in subparagraph (C) with a system 
described in subparagraph (A) or (B) to capture gas 
vented from the barrel to cycle the action; or
``(E) a blowback-operated system that directly uses 
the expanding gases of the ignited propellant powder 
acting on the cartridge case to drive the breechblock 
or breech bolt rearward.
``(6) Government-owned plant.--The term `government-owned 
plant' means a facility owned by the Federal Government that 
produces firearms or ammunition.
``(7) Gun show.--The term `gun show' means a gun show or an 
event described in section 478.100(b) of title 27, Code of 
Federal Regulations, or any successor regulation.
``(8) Large-capacity ammunition feeding device.--The term 
`large-capacity ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, or 
similar device, including any such device joined or 
coupled with another in any manner, that has an overall 
capacity of, or that can be readily restored, changed, 
or converted to accept, more than 10 rounds of 
ammunition; and
``(B) does not include an attached tubular device 
designed to accept, and capable of operating only with, 
.22 caliber rimfire ammunition.
``(9) Military-grade assault weapon.--The term `military-
grade assault weapon' means a firearm that--
``(A) is semi-automatic;
``(B) is--
``(i) gas-operated or has been modified to 
operate as a gas-operated firearm;
``(ii) recoil-operated or has been modified 
to operate as a recoil-operated firearm, unless 
the firearm is a handgun or pistol; or
``(iii) designed and functions, or can be 
readily modified, to materially increase the 
rate of fire of the firearm; and
``(C) has--
``(i) a fixed ammunition feeding device 
with the capacity to accept more than 10 rounds 
of ammunition; or
``(ii) the capacity to accept a large-
capacity ammunition feeding device.
``(10) NICS background check.--The term `NICS background 
check' means a background check through the national instant 
criminal background check system established under section 103 
of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901).
``(11) Recoil-operated.--The term `recoil-operated' with 
respect to a firearm, means that the firearm uses the recoil 
force to unlock the breech bolt and complete the cycle of 
extracting, ejecting, and reloading.
``(12) Semi-automatic.--The term `semi-automatic', with 
respect to a firearm, means any repeating firearm, other than a 
machine gun, that--
``(A) uses a portion of the energy of a firing 
cartridge or shell to extract the fired cartridge case 
or fired shell casing and chamber the next round; and
``(B) requires a separate pull, release, push, or 
other method of initiation of the trigger to fire each 
cartridge or shell.
``(13) Spin-off transaction.--The term `spin-off 
transaction' means a transaction that separates a division or 
line of business from a parent company of an entity.
``(14) Straw purchase.--The term `straw purchase'--
``(A) with respect to a firearm, means a purchase 
described in section 932(b) of title 18; and
``(B) with respect to ammunition, means a purchase 
described in 932(b) of title 18, except that, for the 
purpose of this subparagraph, any reference in that 
section to `firearm' shall be deemed to be a reference 
to `ammunition'.
``(15) Time-to-crime.--The term `time-to-crime' means the 
period of time between the retail sale of a firearm and the 
recovery of the firearm by a law enforcement agency as a result 
of the use or suspected use of the firearm in a crime.''.
(2) Clerical amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 7544 the following new item:

``7545. Restriction on sales and procurement of certain weapons and 
ammunition.''.
(b) Conforming Amendments.--
(1) Cooperative activities with non-army entities.--Section 
7544(c) of title 10, United States Code, is amended by adding 
at the end the following new paragraph:
``(5) The non-Army entity abides by the commercial sale 
restrictions set forth in section 7545 of this title.''.
(2) Policy.--Section 7552 of such title is amended, in the 
matter preceding paragraph (1), by striking ``It'' and 
inserting ``Subject to the restrictions set forth under section 
7545 of this title, it''.
(3) Armament retooling and manufacturing support 
initiative.--Section 7553(b) of such title is amended, in the 
matter preceding paragraph (1), by striking ``The'' and 
inserting ``Subject to the restrictions set forth under section 
7545 of this title, the''.
(c) Authorization of Appropriations for Increased NICS Funding.--
There are authorized to be appropriated to the Attorney General such 
sums as are necessary to carry out the amendments made by this section, 
including to upgrade and maintain the national instant criminal 
background check system established under section 103 of the Brady 
Handgun Violence Prevention Act (34 U.S.C. 40901).
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