FIRE Act Voids All State, Local Firearm Magazine Capacity Limits 30 Days After Enactment

The aptly named Freedom from Improper Regulation and Enforcement Act—or the FIRE Act—is a short but powerful piece of legislation that targets existing laws regulating firearm magazine capacity. If passed, this bill would effectively end all government restrictions on how many rounds a magazine can hold, both now and in the future.

The Federal Cap on Capacity Limits

Section 2 of the FIRE Act makes two major moves. First, it completely blocks the federal government from creating or enforcing any rule that limits or bans a firearm magazine based on its capacity. This means federal agencies and Congress are explicitly forbidden from using capacity as a basis for regulation. For firearm owners and manufacturers, this removes any current or future federal uncertainty regarding the size of magazines they can legally possess or produce.

Nullifying State and Local Control

The second, and arguably biggest, move in Section 2 is the preemption of state and local laws. The bill states clearly that any existing or future state or local law that tries to limit, ban, or penalize the possession or sale of a firearm magazine based on its capacity is simply void—it has “no legal effect.” This is a sweeping provision. For example, if you live in a state like California or New York, which currently have capacity limits (often 10 rounds), those laws would be nullified 30 days after the FIRE Act becomes law. This means local police departments would lose the ability to enforce those specific safety ordinances.

Who Feels the Change and How

For gun owners who feel capacity limits infringe on their rights, this bill offers immediate relief by eliminating a patchwork of state and local rules. They would gain the freedom to purchase and use magazines of any size, regardless of where they live. However, for communities and local governments that enacted these capacity limits as a public safety measure—often in response to mass shootings where high-capacity magazines increase lethality—this bill represents a total loss of regulatory control. It removes a tool they currently use to manage gun violence risks within their jurisdictions. The bill defines “firearm magazine” broadly as any device that holds and feeds ammunition, ensuring the prohibition covers all relevant equipment.

The Real-World Impact on Existing Regulations

Because the bill is so clear and low on jargon, its impact is straightforward: capacity limits are gone. This is a significant shift in the balance of power, moving authority away from local city councils and state legislatures toward a uniform, non-regulated national standard. While the bill brings legal clarity and uniformity for commerce and gun owners, it simultaneously strips away established public safety regulations in dozens of jurisdictions. The effective date is set for actions taken 30 days or more after the Act becomes law, giving a short window before these existing local laws lose all enforcement power.