FIRE Act
- Bill Number
- S. 2813
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-09-16: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-03-17T13:50:10Z
AI-Generated Summary
Purpose This legislation aims to eliminate restrictions on firearm magazines based on their ammunition capacity at both federal and state levels by amending federal firearms law.
Key Provisions
- Prohibits any federal officer or employee from creating or enforcing rules that limit or ban firearm magazines due to their capacity.
- Renders any state or local law imposing limits, bans, or penalties on firearm magazines based on capacity invalid and without legal effect.
- Defines a "firearm magazine" as a fixed or detachable device that stores and feeds ammunition into a firearm, and defines "capacity" as the number of ammunition rounds it can hold.
- Applies these changes to conduct occurring 30 days after the bill's enactment.
Significant Changes to Existing Law
- Adds new subsections to Sections 926 and 927 of Title 18, United States Code, creating explicit federal protections against capacity-based magazine rules.
- Introduces definitions for "firearm magazine" and "capacity" into Section 921(a) of the same title.
- Establishes federal preemption over state and local laws, overriding existing or future capacity restrictions that states might otherwise enforce.
Potential Impacts
- Federal agencies, such as those involved in firearms regulation, would be barred from issuing or applying capacity-based rules.
- State and local governments could no longer maintain or create laws restricting magazine capacity, affecting enforcement by law enforcement.
- Citizens would face no federal or state capacity limits on possessing or using firearm magazines.
- No direct effects on international relations are outlined in the legislation.
Main Stakeholders Affected
- Firearm owners and users.
- Firearm manufacturers and retailers.
- Federal agencies responsible for firearms oversight.
- State and local governments and their law enforcement entities.
Notable Legal, Constitutional, or Political Implications
- The bill invokes federal preemption under the Supremacy Clause, potentially limiting states' authority to regulate certain firearm accessories.
- It directly addresses the scope of federal and state power over Second Amendment-related items by prohibiting capacity-based rules.
- Enforcement would begin shortly after passage, creating a uniform national standard against such restrictions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (12)
Sen. Cotton, Tom [R-AR], Sen. Crapo, Mike [R-ID], Sen. Hyde-Smith, Cindy [R-MS], Sen. Justice, James C. [R-WV], Sen. Lummis, Cynthia M. [R-WY], Sen. Mullin, Markwayne [R-OK], Sen. Tillis, Thomas [R-NC], Sen. Budd, Ted [R-NC], Sen. Lee, Mike [R-UT], Sen. Graham, Lindsey [R-SC], Sen. Kennedy, John [R-LA], Sen. Cornyn, John [R-TX]
Recent Actions
- 2025-09-16: Read twice and referred to the Committee on the Judiciary.
- 2025-09-16: Introduced in Senate
Bill Versions
- Freedom from Improper Regulation and Enforcement Act — issued 2025-09-16 — PDF (3 pages)