S. 367 — Stop Arming Cartels Act of 2025

This section prohibits the importation, sale, manufacture, transfer, or possession—in or affecting interstate or foreign commerce—of rifles capable of firing .50 caliber ammunition, subject to exceptions for government entities and rifles lawfully possessed on or before enactment (the Stop Arming Cartels Act of 2025), and applies criminal penalties under 18 U.S.C. §924(a)(1)(B) to such violations. This section further classifies rifles capable of firing .50 caliber ammunition that are lawfully possessed on or before enactment as "firearms" under the National Firearms Act (NFA; i.e., 26 U.S.C. §5845(a)), effective 12 months after enactment. (Thus, owners must register such rifles with the National Firearms Registration and Transfer Record within 12 months of enactment at no fee or tax, with registration information protected from use as evidence in criminal proceedings against the registrant.)

This section amends the Protection of Lawful Commerce in Arms Act (PLCAA)—which generally immunizes manufacturers and sellers of firearms, ammunition, and components from civil liability actions arising from criminal or unlawful misuse of those products—by adding a new exception (clause (vii)) to the definition of "qualified civil liability action." The new exception permits civil actions against a manufacturer or seller that knowingly sells or transfers a qualified product, or attempts or conspires to do so, knowing or having reasonable cause to believe the transaction is prohibited under section 805(c) of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1904(c)) (i.e., prohibited transfers to specially designated narcotics traffickers). (Thus, such actions are not barred by PLCAA immunity.)

This section amends 18 U.S.C. 922(d) to prohibit licensed importers, manufacturers, dealers, or collectors from transferring a firearm or ammunition to a person who is (1) a significant foreign narcotics trafficker publicly identified by the President under subsection (b) or (h)(1) of section 804 of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1903(b), (h)(1)) (i.e., the Kingpin Act, which targets major foreign narcotics kingpins by blocking their U.S. property and transactions) or (2) a foreign person designated by the Secretary of the Treasury under section 805(b) of that Act (21 U.S.C. 1904(b)). It also makes conforming amendments to section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) to incorporate such persons into National Instant Criminal Background Check System (NICS) denial criteria, denial notices, and related checks for firearm transfers.

This section expands multiple firearms sales reporting requirements to include rifles, in addition to the pistols and revolvers previously covered. (Thus, federal firearms licensees must report to ATF any sale or transfer of two or more pistols, revolvers, or rifles to the same unlicensed person at one time or during any five consecutive business days.)