Keep Americans Safe Act

#1674 | HR Congress #119

Last Action: Referred to the House Committee on the Judiciary. (2/27/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Keep Americans Safe Act" is proposed legislation aimed at regulating large capacity ammunition feeding devices, defined as any device capable of holding more than 15 rounds of ammunition. The act prohibits the importation, sale, manufacture, transfer, or possession of such devices, with specific exceptions for law enforcement personnel and certain government agencies. It allows individuals who legally possessed these devices before the act's enactment to retain them. Additionally, the act implements requirements for identification markings on newly manufactured devices and authorizes the seizure and forfeiture of illegal devices. The legislation also enables the use of federal Byrne grants to fund buy-back programs for these large capacity ammunition feeding devices. Finally, a severability clause ensures that if any part of the act is found unconstitutional, the remaining provisions will continue to be effective.

Possible Impacts

The "Keep Americans Safe Act," which seeks to regulate large capacity ammunition feeding devices, could affect people in several ways. Here are three examples:

1. **Restrictions on Ownership**: Individuals who own large capacity ammunition feeding devices (defined as magazines that can hold more than 15 rounds) would be affected by the prohibition on the possession, sale, or transfer of these devices after the enactment of the law. This could result in individuals needing to surrender or dispose of their existing devices, potentially leading to legal consequences for those who fail to comply.

2. **Impact on Law Enforcement and Security Personnel**: The legislation allows exceptions for qualified law enforcement officers and certain security personnel, permitting them to possess large capacity ammunition feeding devices for their duties. This could create a disparity in access to these devices between law enforcement and civilians, potentially affecting the perceived effectiveness and public trust in law enforcement agencies.

3. **Buy-Back Programs**: The introduction of buy-back programs funded by Byrne grants would provide financial compensation for individuals who voluntarily surrender their large capacity ammunition feeding devices. This could encourage participation from gun owners who may want to comply with the law while also receiving compensation, potentially reducing the number of such devices in circulation and impacting the overall gun culture and community attitudes towards gun ownership and regulation.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1674 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 1674

         To regulate large capacity ammunition feeding devices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2025

 Ms. DeGette (for herself, Ms. Titus, Mr. Schneider, Mr. Cleaver, Mr. 
Jackson of Illinois, Mr. Quigley, Ms. Barragan, Mr. Johnson of Georgia, 
Ms. Scanlon, Mr. Sherman, Ms. McClellan, Mr. Mullin, Mr. McGarvey, Ms. 
 Norton, Ms. DelBene, Mr. Ruiz, Ms. McCollum, Mr. Torres of New York, 
    Mr. Pallone, Ms. Jacobs, Ms. Sanchez, Ms. Garcia of Texas, Ms. 
   Wasserman Schultz, Mr. Thompson of Mississippi, Ms. Pingree, Mrs. 
  McIver, Mr. Neal, Mr. Mrvan, Mr. Cisneros, Mr. Lynch, Ms. Brownley, 
 Mrs. Dingell, Ms. Pettersen, Mr. Magaziner, Mr. Pocan, Mr. Swalwell, 
 Mr. Goldman of New York, Mr. Krishnamoorthi, Mr. Carson, Ms. Kelly of 
  Illinois, Mr. Moulton, Mr. Fields, Mr. Grijalva, Ms. Velazquez, Ms. 
    Tlaib, Ms. Ocasio-Cortez, Ms. Lee of Pennsylvania, Ms. Chu, Mr. 
     Connolly, Mrs. Ramirez, Mr. Carbajal, Mr. Tonko, Mr. Smith of 
Washington, Mr. Peters, Mr. Casar, Ms. Morrison, Mr. Davis of Illinois, 
 Mrs. Foushee, Ms. Kamlager-Dove, Mr. Bera, Ms. Bonamici, Ms. Moore of 
  Wisconsin, Mr. Casten, Ms. Brown, Ms. Schakowsky, Mr. Norcross, Ms. 
  Dean of Pennsylvania, Ms. Matsui, Ms. McBride, Ms. Strickland, Mrs. 
  Watson Coleman, Mr. Panetta, Ms. Leger Fernandez, Ms. Jayapal, Mr. 
 Figures, Mr. Kennedy of New York, Ms. Stevens, Mr. Amo, Mr. Garcia of 
  California, Ms. Ross, Mr. DeSaulnier, Mrs. Hayes, Ms. DeLauro, Mr. 
  Subramanyam, Mrs. McBath, Ms. Dexter, Ms. Salinas, Ms. Tokuda, Mr. 
Gomez, Mr. Morelle, Mr. Gottheimer, Mr. Garamendi, Ms. Lois Frankel of 
Florida, Ms. Stansbury, Ms. Clarke of New York, Ms. Castor of Florida, 
 Mrs. Cherfilus-McCormick, Ms. Adams, Mr. Beyer, Mr. Auchincloss, Mr. 
 Menendez, Ms. Plaskett, Ms. Sherrill, Mr. Evans of Pennsylvania, Ms. 
 Scholten, Mr. Vargas, Ms. Meng, Mr. Cohen, Mrs. Beatty, Mr. Soto, Ms. 
   Sewell, Mr. Thanedar, Ms. Ansari, Mr. Deluzio, Mr. Espaillat, Mr. 
   Keating, Mr. Ivey, Mr. Moskowitz, Ms. Lofgren, Ms. Pressley, Ms. 
  Schrier, and Mr. Garcia of Illinois) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To regulate large capacity ammunition feeding devices.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep Americans Safe Act''.

SEC. 2. DEFINITIONS.

    Section 921(a) of title 18, United States Code, is amended--
            (1) by inserting after paragraph (30) the following:
    ``(31) The term `large capacity ammunition feeding device'--
            ``(A) means a magazine, belt, drum, feed strip, helical 
        feeding device, or similar device, including any such device 
        joined or coupled with another in any manner, that has an 
        overall capacity of, or that can be readily restored, changed, 
        or converted to accept, more than 15 rounds of ammunition; and
            ``(B) does not include an attached tubular device designed 
        to accept, and capable of operating only with, .22 caliber 
        rimfire ammunition.''; and
            (2) by adding at the end the following:
    ``(38) The term `qualified law enforcement officer' has the meaning 
given the term in section 926B.''.

SEC. 3. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended by inserting after subsection (u) the following:
    ``(v)(1) It shall be unlawful for a person to import, sell, 
manufacture, transfer, or possess, in or affecting interstate or 
foreign commerce, a large capacity ammunition feeding device.
    ``(2) Paragraph (1) shall not apply to the possession of any large 
capacity ammunition feeding device otherwise lawfully possessed on or 
before the date of enactment of the Keep Americans Safe Act.
    ``(3) Paragraph (1) shall not apply to--
            ``(A) the importation for, manufacture for, sale to, 
        transfer to, or possession by the United States or a department 
        or agency of the United States or a State or a department, 
        agency, or political subdivision of a State, or a sale or 
        transfer to or possession by a qualified law enforcement 
        officer employed by the United States or a department or agency 
        of the United States or a State or a department, agency, or 
        political subdivision of a State for purposes of law 
        enforcement (whether on or off-duty), or a sale or transfer to 
        or possession by a campus law enforcement officer for purposes 
        of law enforcement (whether on or off-duty);
            ``(B) the importation for, or sale or transfer to a 
        licensee under title I of the Atomic Energy Act of 1954 (42 
        U.S.C. 2011 et seq.) for purposes of establishing and 
        maintaining an on-site physical protection system and security 
        organization required by Federal law, or possession by an 
        employee or contractor of such licensee on-site for such 
        purposes or off-site for purposes of licensee-authorized 
        training or transportation of nuclear materials;
            ``(C) the possession, by an individual who is retired in 
        good standing from service with a law enforcement agency and is 
        not otherwise prohibited from receiving ammunition, of a large 
        capacity ammunition feeding device--
                    ``(i) sold or transferred to the individual by the 
                agency upon such retirement; or
                    ``(ii) that the individual purchased, or otherwise 
                obtained, for official use before such retirement; or
            ``(D) the importation, sale, manufacture, transfer, or 
        possession of any large capacity ammunition feeding device by a 
        licensed manufacturer or licensed importer for the purposes of 
        testing or experimentation authorized by the Attorney General.
    ``(4) For purposes of paragraph (3)(A), the term `campus law 
enforcement officer' means an individual who is--
            ``(A) employed by a private institution of higher education 
        that is eligible for funding under title IV of the Higher 
        Education Act of 1965 (20 U.S.C. 1070 et seq.);
            ``(B) responsible for the prevention or investigation of 
        crime involving injury to persons or property, including 
        apprehension or detention of persons for such crimes;
            ``(C) authorized by Federal, State, or local law to carry a 
        firearm, execute search warrants, and make arrests; and
            ``(D) recognized, commissioned, or certified by a 
        government entity as a law enforcement officer.''.
    (b) Identification Markings for Large Capacity Ammunition Feeding 
Devices.--Section 923(i) of title 18, United States Code, is amended by 
adding at the end the following: ``A large capacity ammunition feeding 
device manufactured after the date of enactment of the Keep Americans 
Safe Act shall be identified by a serial number and the date on which 
the device was manufactured or made, legibly and conspicuously engraved 
or cast on the device, and such other identification as the Attorney 
General shall by regulations prescribe.''.
    (c) Seizure and Forfeiture of Large Capacity Ammunition Feeding 
Devices.--Section 924(d) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence--
                            (i) by striking ``Any firearm or ammunition 
                        involved in'' and inserting ``Any firearm or 
                        ammunition or large capacity ammunition feeding 
                        device involved in'';
                            (ii) by striking ``or (k)'' and inserting 
                        ``(k), or (v)''; and
                            (iii) by striking ``any firearm or 
                        ammunition intended'' and inserting ``any 
                        firearm or ammunition or large capacity 
                        ammunition feeding device intended''; and
                    (B) in the second sentence, by inserting ``or large 
                capacity ammunition feeding devices'' after ``firearms 
                or ammunition'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``or large 
                capacity ammunition feeding device'' after ``firearms 
                or ammunition''; and
                    (B) in subparagraph (C), by inserting ``or large 
                capacity ammunition feeding devices'' after ``firearms 
                or quantities of ammunition''; and
            (3) in paragraph (3)(E), by inserting ``922(v),'' after 
        ``922(n),''.

SEC. 4. PENALTIES.

    Section 924(a)(1)(B) of title 18, United States Code, is amended by 
striking ``or (q)'' and inserting ``(q), or (v)''.

SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE CAPACITY 
              AMMUNITION FEEDING DEVICES.

    Section 501(a)(1) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the 
end the following:
                    ``(J) Compensation for surrendered large capacity 
                ammunition feeding devices, as that term is defined in 
                section 921 of title 18, United States Code, under buy-
                back programs for large capacity ammunition feeding 
                devices.''.

SEC. 6. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of such provision 
or amendment to any person or circumstance shall not be affected 
thereby.
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