Wied Introduces FIRE Act to Protect 2nd Amendment Rights

WASHINGTON — Today, Congressman Tony Wied (WI-08) introduced legislation to protect American citizens Second Amendment rights by banning federal, state, and local laws targeting magazine capacity.

 

The Freedom from Improper Regulation and Enforcement (FIRE) Act prohibits any federal agency from restricting firearm magazines based on capacity and prohibits states and localities from enacting or enforcing capacity restrictions on any firearm magazines.

 

“For too long, the federal government has infringed on American’s Second Amendment rights while maintaining a confusing, inconsistent system that lacks a uniform national standard and invites legal disparity,” said Congressman Wied. “The FIRE Act ensures that law-abiding gun owners can access magazines of any size, no matter where they are in the United States. It’s well past time we take the Founding Father’s words’ “shall not be infringed” seriously.”

 

Background: In recent years, states and localities have enacted bans on “high capacity” magazines. While these restrictions differ by jurisdiction and firearm type (e.g. different limits for long guns and handguns), they prevent law-abiding gun owners from legally accessing the majority of available firearm magazines. A 2024 report published by the National Shooting Sports Foundation (NSSF), found that of the over 973 million detachable magazines that were produced between 1990-2021, at least 718 million had a capacity that exceeded ten rounds. This includes the period between 1994-2004 under the Federal Assault Weapons Ban.

 

The FIRE Act ensures the protection of Second Amendment rights by preventing state and local bans on magazine capacity. This commonsense legislation reflects modern usage as the NSSF data and brings our laws up to date with what law-abiding gun owners have long known.

 

Original cosponsors: Congressman Tom Tiffany (WI-07), Congressman Mike Collins (GA-10), Congressman Dave Taylor (OH-02), Congresswoman Sheri Biggs (SC-03), and Congressman Russ Fulcher (ID-01).

“Americans’ right to keep and bear arms has always been at the core of our fundamental freedoms,” said Congressman Tom Tiffany. “The Fire Act protects law-abiding gun owners and keeps state and local governments, as well as future administrations, from infringing on your Second Amendment rights.”

 

“Second amendment rights are one of the foundational principles America is built upon, and they must be vigilantly affirmed and protected,” said Congressman Dave Taylor (OH-02). “The FIRE Act will not only enshrine Americans’ right to self-defense, but it will also remove confusion about permissible magazine capacities by prohibiting a patchwork of state and local restrictions which inherently infringe on our freedoms. Where a person lives shouldn’t limit their ability to defend themselves, and I am proud to help introduce this America-First bill.”

 

Congressman Wied is proud to have the full endorsement of the National Rifle Association, Gun Owners of America, National Shooting Sports Foundation, and the Congressional Sportsmen’s Foundation.

 

“The Supreme Court has ruled that arms that are 'in common use' cannot be banned,” said John Commerford, Executive Director of the NRA Institute for Legislative Action (NRA-ILA). “Because Americans lawfully own hundreds of millions of magazines that hold over 10 rounds, bans on such magazines violate the Second Amendment. On behalf of our millions of members and law-abiding gun owners across the nation, we applaud Rep. Tony Wied for introducing this common-sense legislation that allows Americans to choose the firearm and magazine that best suits their needs.”

 

“Firearm magazine bans do not work and fly in the face of the Second Amendment’s unqualified command: SHALL NOT BE INFRINGED," said Aidan Johnston, GOA Director of Federal Affairs. "We thank Representative Wied for introducing the Freedom from Improper Regulation and Enforcement (FIRE) Act to prevent states, local governments, and future presidential administrations from banning standard capacity magazines, or so-called 'high capacity’ magazines. This bill is a common sense solution to ensure gun owners are not criminalized for owning a mere firearm accessory. We urge Congress to quickly send the FIRE Act to President Trump's desk."

 

“NSSF commends Rep. Wied for his commitment to safeguarding the Second Amendment rights of law-abiding Americans and ensuring they are able to purchase and possess standard-capacity magazines for their lawfully-purchased firearms, no matter in which state they live,” said NSSF’s Lawrence G. Keane, Senior Vice President and General Counsel. “Industry data reveals that more than 70 percent of all detachable magazines produced in the United States between 1990 and 2021 held more than 10 rounds of ammunition, clearly indicating that such capacity is standard. Gun control activists and lawmakers in states who push restrictions on magazine capacity are doing so in direct conflict with the Constitutional rights of law-abiding Americans. These efforts do nothing to reduce crime or the criminal misuse of firearms and Congressman Wied’s Freedom from Improper Regulation and Enforcement (FIRE) Act is the backstop needed to protect law-abiding Americans against such infringements.”