FIRE Act
- Sponsor
- Sen. Risch, James E. [R-ID]
- Committees
- Judiciary Committee (primary)
- Last action
- Sep 16, 2025
Bottom line
The FIRE Act seeks to establish a nationwide prohibition on all federal, state, and local capacity-based restrictions on firearm magazines, aiming to protect Second Amendment rights by nullifying existing bans and preventing future regulations.
What it actually does
This bill amends federal law to prohibit any officer or employee of the Federal Government from prescribing or enforcing regulations that impose capacity-based restrictions on firearm magazines. It further declares that any state or local law imposing such restrictions shall have no force or effect, effectively preempting existing and future state and local bans on high-capacity magazines nationwide. The bill also defines 'firearm magazine' and 'capacity' for consistency.
Proponents argue
Supporters argue this bill protects Second Amendment rights by preventing arbitrary restrictions on firearm accessories, ensuring citizens can effectively defend themselves, and standardizing gun laws across states to prevent a confusing patchwork of regulations. They contend that magazine capacity limits do not deter crime but rather disarm law-abiding citizens and infringe upon constitutional liberties.
Opponents contend
Opponents argue that capacity-based restrictions are a vital tool for reducing gun violence, particularly in mass shootings, by limiting the number of rounds an assailant can fire without reloading. They contend that this bill would undermine public safety efforts, increase the lethality of gun violence, and infringe upon states' rights to enact their own gun safety laws tailored to local needs.
The bill text is very short and straightforward, allowing ample time for a comprehensive evaluation of its provisions and implications.
Section 2(a), amending Section 926 of title 18, United States Code
Prohibition on Federal Capacity-Based Magazine Restrictions
This provision amends federal law to explicitly forbid any officer or employee of the Federal Government from creating or enforcing regulations that limit or prohibit firearm magazines based on their ammunition capacity. This means federal agencies like the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) would be unable to impose such restrictions, ensuring a federal hands-off approach to magazine capacity.
Supporters argue
Supporters argue this provision prevents federal overreach into Second Amendment rights, ensuring that the federal government cannot unilaterally restrict access to common firearm accessories. They believe it upholds individual liberty and prevents arbitrary federal mandates.
Critics contend
Opponents would argue that this provision ties the hands of federal agencies, preventing them from implementing necessary public safety measures and responding to evolving threats of gun violence, thereby hindering efforts to protect communities.
Tradeoffs
This provision balances the scope of federal regulatory authority with the protection of individual gun rights, creating a tension between government's role in public safety and constitutional liberties.
Section 2(b), amending Section 927 of title 18, United States Code
Preemption of State and Local Capacity-Based Magazine Restrictions
This section declares that any state or local law that imposes limitations, prohibitions, or penalties on firearm magazines based on their capacity will have no legal force or effect. This effectively nullifies existing state and local high-capacity magazine bans and prevents new ones from being enacted, establishing a uniform national standard that overrides local control.
Section 2(c), amending Section 921(a) of title 18, United States Code
Definitions of 'Firearm Magazine' and 'Capacity'
This provision adds new definitions to federal law. 'Firearm magazine' is defined as a fixed or detachable device used to store and feed ammunition into a firearm. 'Capacity' is defined, with respect to a magazine, as the number of rounds of ammunition that can be stored in the magazine. These definitions are crucial for the consistent and clear application of the bill's prohibitions across all jurisdictions.