What This Bill Does
This bill makes it illegal for most people to import, sell, make, give away or own large capacity ammunition feeding devices (containers that hold more than 10 rounds of ammunition). The bill creates exceptions for law enforcement officers, the military, and people who already owned these devices before the law passed.
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Who It Affects
- Private citizens who own or want to own large capacity ammunition feeding devices
- Gun manufacturers and importers
- Licensed dealers who sell ammunition feeding devices
- Federal, state and local law enforcement agencies
- Retired law enforcement officers
- Campus law enforcement officers at private colleges
- Nuclear facility employees and contractors
- State and local governments running buy-back programs
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Key Provisions
- It becomes illegal to import, sell, make, transfer or own large capacity ammunition feeding devices that hold more than 10 rounds (Sec. 3)
- People who already lawfully owned these devices before the law was enacted can keep them (Sec. 3)
- Law enforcement agencies, qualified law enforcement officers and campus law enforcement officers are exempt from this ban (Sec. 3)
- Large capacity ammunition feeding devices made after this law passes must have a serial number and manufacturing date engraved or stamped on them (Sec. 3)
- States and local governments can use federal grants to pay people who turn in large capacity ammunition feeding devices through buy-back programs (Sec. 5)
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What Changes
If this law passes, manufacturing, selling and transferring large capacity ammunition feeding devices becomes a federal crime. Large capacity ammunition feeding devices made after the law takes effect must display identification markings. Federal law enforcement can seize and take ownership of large capacity ammunition feeding devices involved in crimes. Federal grants become available to fund programs that pay people money in exchange for surrendering these devices.
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Important Definitions
- **Large capacity ammunition feeding device:** A magazine, belt, drum, feed strip or similar container that can hold more than 10 rounds of ammunition, or can be changed to hold more than 10 rounds. This does not include tubular devices designed only for .22 caliber rimfire ammunition (a specific type of small gun cartridge) (Sec. 2)
- **Qualified law enforcement officer:** Has the meaning given in a separate section of federal law called section 926B (Sec. 2)
- **Campus law enforcement officer:** A person employed by a private college that receives federal funding, who investigates crimes, carries a firearm, executes search warrants and makes arrests, and is officially recognized by the government as a law enforcement officer (Sec. 3)
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 298
To regulate large capacity ammunition feeding devices.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 7, 2023
Mr. MENENDEZ (for himself, Mrs. FEINSTEIN, Mr. BLUMENTHAL, Mr.
PADILLA, Mr. MURPHY, Mr. MARKEY, Mr. CASEY, Mr. KAINE, Mr.
WHITEHOUSE, Mr. MERKLEY, Mr. CARPER, Mr. DURBIN, Mr. KING, Mr.
COONS, Mr. REED, Ms. DUCKWORTH, Mr. VAN HOLLEN, Mrs. MURRAY,
Ms. ROSEN, Ms. WARREN, Ms. HIRONO, Mr. BOOKER, Mr. SANDERS,
Mr. CARDIN, Ms. CORTEZ MASTO, Ms. KLOBUCHAR, Ms. STABENOW, and
Ms. SMITH) introduced the following bill; which was read twice and re-
ferred to the Committee on the Judiciary
A BILL
To regulate large capacity ammunition feeding devices.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Keep Americans Safe
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Act’’.
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SEC. 2. DEFINITIONS.
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Section 921(a) of title 18, United States Code, is
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amended by adding at the end the following:
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‘‘(38) The term ‘large capacity ammunition feeding
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device’—
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‘‘(A) means a magazine, belt, drum, feed strip,
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helical feeding device, or similar device, including
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any such device joined or coupled with another in
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any manner, that has an overall capacity of, or that
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can be readily restored, changed, or converted to ac-
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cept, more than 10 rounds of ammunition; and
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‘‘(B) does not include an attached tubular de-
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vice designed to accept, and capable of operating
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only with, .22 caliber rimfire ammunition.
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‘‘(39) The term ‘qualified law enforcement officer’
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has the meaning given the term in section 926B.’’.
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SEC. 3. RESTRICTIONS ON LARGE CAPACITY AMMUNITION
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FEEDING DEVICES.
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(a) IN GENERAL.—Section 922 of title 18, United
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States Code, is amended by inserting after subsection (u)
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the following:
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‘‘(v)(1) It shall be unlawful for a person to import,
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sell, manufacture, transfer, or possess, in or affecting
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interstate or foreign commerce, a large capacity ammuni-
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tion feeding device.
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‘‘(2) Paragraph (1) shall not apply to the possession
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of any large capacity ammunition feeding device otherwise
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•S 298 IS
lawfully possessed on or before the date of enactment of
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the Keep Americans Safe Act.
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‘‘(3) Paragraph (1) shall not apply to—
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‘‘(A) the importation for, manufacture for, sale
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to, transfer to, or possession by the United States
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or a department or agency of the United States or
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a State or a department, agency, or political subdivi-
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sion of a State, or a sale or transfer to or possession
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by a qualified law enforcement officer employed by
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the United States or a department or agency of the
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United States or a State or a department, agency,
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or political subdivision of a State for purposes of law
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enforcement (whether on or off-duty), or a sale or
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transfer to or possession by a campus law enforce-
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ment officer for purposes of law enforcement (wheth-
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er on or off-duty);
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‘‘(B) the importation for, or sale or transfer to
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a licensee under title I of the Atomic Energy Act of
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1954 (42 U.S.C. 2011 et seq.) for purposes of estab-
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lishing and maintaining an on-site physical protec-
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tion system and security organization required by
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Federal law, or possession by an employee or con-
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tractor of such licensee on-site for such purposes or
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off-site for purposes of licensee-authorized training
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or transportation of nuclear materials;
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•S 298 IS
‘‘(C) the possession, by an individual who is re-
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tired in good standing from service with a law en-
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forcement agency and is not otherwise prohibited
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from receiving ammunition, of a large capacity am-
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munition feeding device—
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‘‘(i) sold or transferred to the individual by
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the agency upon such retirement; or
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‘‘(ii) that the individual purchased, or oth-
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erwise obtained, for official use before such re-
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tirement; or
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‘‘(D) the importation, sale, manufacture, trans-
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fer, or possession of any large capacity ammunition
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feeding device by a licensed manufacturer or licensed
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importer for the purposes of testing or experimen-
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tation authorized by the Attorney General.
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‘‘(4) For purposes of paragraph (3)(A), the term
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‘campus law enforcement officer’ means an individual who
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is—
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‘‘(A) employed by a private institution of higher
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education that is eligible for funding under title IV
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of the Higher Education Act of 1965 (20 U.S.C.
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1070 et seq.);
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‘‘(B) responsible for the prevention or investiga-
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tion of crime involving injury to persons or property,
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•S 298 IS
including apprehension or detention of persons for
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such crimes;
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‘‘(C) authorized by Federal, State, or local law
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to carry a firearm, execute search warrants, and
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make arrests; and
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‘‘(D) recognized, commissioned, or certified by
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a government entity as a law enforcement officer.’’.
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(b) IDENTIFICATION MARKINGS FOR LARGE CAPAC-
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ITY AMMUNITION FEEDING DEVICES.—Section 923(i) of
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title 18, United States Code, is amended by adding at the
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end the following: ‘‘A large capacity ammunition feeding
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device manufactured after the date of enactment of the
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Keep Americans Safe Act shall be identified by a serial
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number and the date on which the device was manufac-
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tured or made, legibly and conspicuously engraved or cast
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on the device, and such other identification as the Attor-
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ney General shall by regulations prescribe.’’.
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(c) SEIZURE AND FORFEITURE OF LARGE CAPACITY
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AMMUNITION FEEDING DEVICES.—Section 924(d) of title
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18, United States Code, is amended—
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(1) in paragraph (1)—
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(A) in the first sentence—
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(i) by striking ‘‘Any firearm or ammu-
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nition involved in’’ and inserting ‘‘Any fire-
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•S 298 IS
arm or ammunition or large capacity am-
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munition feeding device involved in’’;
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(ii) by striking ‘‘or (k)’’ and inserting
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‘‘(k), or (v)’’; and
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(iii) by striking ‘‘any firearm or am-
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munition intended’’ and inserting ‘‘any
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firearm or ammunition or large capacity
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ammunition feeding device intended’’; and
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(B) by inserting ‘‘or large capacity ammu-
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nition feeding devices’’ after ‘‘firearms or am-
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munition’’ each place the term appears;
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(2) in paragraph (2)—
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(A) in subparagraph (A), by inserting ‘‘or
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large capacity ammunition feeding devices’’
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after ‘‘firearms or ammunition’’; and
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(B) in subparagraph (C), by inserting ‘‘or
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large capacity ammunition feeding devices’’
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after ‘‘firearms or quantities of ammunition’’;
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and
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(3) in paragraph (3)(E), by inserting ‘‘922(v),’’
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after ‘‘922(n),’’.
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SEC. 4. PENALTIES.
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Section 924(a)(1)(B) of title 18, United States Code,
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is amended by striking ‘‘or (q)’’ and inserting ‘‘(q), or
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(v)’’.
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•S 298 IS
SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS
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FOR LARGE CAPACITY AMMUNITION FEED-
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ING DEVICES.
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Section 501(a)(1) of title I of the Omnibus Crime
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Control and Safe Streets Act of 1968 (34 U.S.C.
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10152(a)(1)) is amended by adding at the end the fol-
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lowing:
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‘‘(J) Compensation for surrendered large
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capacity ammunition feeding devices, as that
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term is defined in section 921 of title 18,
10
United States Code, under buy-back programs
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for large capacity ammunition feeding devices.’’.
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SEC. 6. SEVERABILITY.
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If any provision of this Act, an amendment made by
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this Act, or the application of such provision or amend-
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ment to any person or circumstance is held to be unconsti-
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tutional, the remainder of this Act, the amendments made
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by this Act, and the application of such provision or
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amendment to any person or circumstance shall not be af-
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fected thereby.
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Æ
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