Keep Americans Safe Act

I 117TH CONGRESS 1ST SESSION H. R. 2510 To regulate large capacity ammunition feeding devices. IN THE HOUSE OF REPRESENTATIVES APRIL 14, 2021 Mr. DEUTCH (for himself, Ms. DEGETTE, and Ms. TITUS) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Keep Americans Safe 4 Act’’. 5 SEC. 2. DEFINITIONS. 6 Section 921(a) of title 18, United States Code, is 7 amended by inserting after paragraph (29) the following: 8 ‘‘(30) The term ‘large capacity ammunition feeding 9 device’— 10 ‘‘(A) means a magazine, belt, drum, feed strip, 11 helical feeding device, or similar device, including 12 VerDate Sep 11 2014 02:31 May 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2510.IH H2510 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2510 IH any such device joined or coupled with another in 1 any manner, that has an overall capacity of, or that 2 can be readily restored, changed, or converted to ac- 3 cept, more than 10 rounds of ammunition; and 4 ‘‘(B) does not include an attached tubular de- 5 vice designed to accept, and capable of operating 6 only with, .22 caliber rimfire ammunition. 7 ‘‘(31) The term ‘qualified law enforcement officer’ 8 has the meaning given the term in section 926B.’’. 9 SEC. 3. RESTRICTIONS ON LARGE CAPACITY AMMUNITION 10 FEEDING DEVICES. 11 (a) IN GENERAL.—Section 922 of title 18, United 12 States Code, is amended by inserting after subsection (u) 13 the following: 14 ‘‘(v)(1) It shall be unlawful for a person to import, 15 sell, manufacture, transfer, or possess, in or affecting 16 interstate or foreign commerce, a large capacity ammuni- 17 tion feeding device. 18 ‘‘(2) Paragraph (1) shall not apply to the possession 19 of any large capacity ammunition feeding device otherwise 20 lawfully possessed on or before the date of enactment of 21 the Keep Americans Safe Act. 22 ‘‘(3) Paragraph (1) shall not apply to— 23 ‘‘(A) the importation for, manufacture for, sale 24 to, transfer to, or possession by the United States 25 VerDate Sep 11 2014 02:31 May 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2510.IH H2510 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2510 IH or a department or agency of the United States or 1 a State or a department, agency, or political subdivi- 2 sion of a State, or a sale or transfer to or possession 3 by a qualified law enforcement officer employed by 4 the United States or a department or agency of the 5 United States or a State or a department, agency, 6 or political subdivision of a State for purposes of law 7 enforcement (whether on or off-duty), or a sale or 8 transfer to or possession by a campus law enforce- 9 ment officer for purposes of law enforcement (wheth- 10 er on or off-duty); 11 ‘‘(B) the importation for, or sale or transfer to 12 a licensee under title I of the Atomic Energy Act of 13 1954 (42 U.S.C. 2011 et seq.) for purposes of estab- 14 lishing and maintaining an on-site physical protec- 15 tion system and security organization required by 16 Federal law, or possession by an employee or con- 17 tractor of such licensee on-site for such purposes or 18 off-site for purposes of licensee-authorized training 19 or transportation of nuclear materials; 20 ‘‘(C) the possession, by an individual who is re- 21 tired in good standing from service with a law en- 22 forcement agency and is not otherwise prohibited 23 from receiving ammunition, of a large capacity am- 24 munition feeding device— 25 VerDate Sep 11 2014 02:31 May 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2510.IH H2510 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2510 IH ‘‘(i) sold or transferred to the individual by 1 the agency upon such retirement; or 2 ‘‘(ii) that the individual purchased, or oth- 3 erwise obtained, for official use before such re- 4 tirement; or 5 ‘‘(D) the importation, sale, manufacture, trans- 6 fer, or possession of any large capacity ammunition 7 feeding device by a licensed manufacturer or licensed 8 importer for the purposes of testing or experimen- 9 tation authorized by the Attorney General. 10 ‘‘(4) For purposes of paragraph (3)(A), the term 11 ‘campus law enforcement officer’ means an individual who 12 is— 13 ‘‘(A) employed by a private institution of higher 14 education that is eligible for funding under title IV 15 of the Higher Education Act of 1965 (20 U.S.C. 16 1070 et seq.); 17 ‘‘(B) responsible for the prevention or investiga- 18 tion of crime involving injury to persons or property, 19 including apprehension or detention of persons for 20 such crimes; 21 ‘‘(C) authorized by Federal, State, or local law 22 to carry a firearm, execute search warrants, and 23 make arrests; and 24 VerDate Sep 11 2014 02:31 May 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2510.IH H2510 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2510 IH ‘‘(D) recognized, commissioned, or certified by 1 a government entity as a law enforcement officer.’’. 2 (b) IDENTIFICATION MARKINGS FOR LARGE CAPAC- 3 ITY AMMUNITION FEEDING DEVICES.—Section 923(i) of 4 title 18, United States Code, is amended by adding at the 5 end the following: ‘‘A large capacity ammunition feeding 6 device manufactured after the date of enactment of the 7 Keep Americans Safe Act shall be identified by a serial 8 number and the date on which the device was manufac- 9 tured or made, legibly and conspicuously engraved or cast 10 on the device, and such other identification as the Attor- 11 ney General shall by regulations prescribe.’’. 12 (c) SEIZURE AND FORFEITURE OF LARGE CAPACITY 13 AMMUNITION FEEDING DEVICES.—Section 924(d) of title 14 18, United States Code, is amended— 15 (1) in paragraph (1)— 16 (A) in the first sentence— 17 (i) by striking ‘‘Any firearm or ammu- 18 nition involved in’’ and inserting ‘‘Any fire- 19 arm or ammunition or large capacity am- 20 munition feeding device involved in’’; 21 (ii) by striking ‘‘or (k)’’ and inserting 22 ‘‘(k), or (v)’’; and 23 (iii) by striking ‘‘any firearm or am- 24 munition intended’’ and inserting ‘‘any 25 VerDate Sep 11 2014 02:31 May 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2510.IH H2510 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2510 IH firearm or ammunition or large capacity 1 ammunition feeding device intended’’; and 2 (B) in the second and third sentences, by 3 inserting ‘‘or large capacity ammunition feeding 4 device’’ after ‘‘firearms or ammunition’’ each 5 place the term appears; 6 (2) in paragraph (2)— 7 (A) in subparagraph (A), by inserting ‘‘or 8 large capacity ammunition feeding device’’ after 9 ‘‘firearms or ammunition’’; and 10 (B) in subparagraph (C), by inserting ‘‘or 11 large capacity ammunition feeding devices’’ 12 after ‘‘firearms or quantities of ammunition’’; 13 and 14 (3) in paragraph (3)(E), by inserting ‘‘922(v),’’ 15 after ‘‘922(n),’’. 16 SEC. 4. PENALTIES. 17 Section 924(a)(1)(B) of title 18, United States Code, 18 is amended by striking ‘‘or (q)’’ and inserting ‘‘(q), or 19 (v)’’. 20 SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS 21 FOR LARGE CAPACITY AMMUNITION FEED- 22 ING DEVICES. 23 Section 501(a)(1) of title I of the Omnibus Crime 24 Control and Safe Streets Act of 1968 (34 U.S.C. 25 VerDate Sep 11 2014 02:31 May 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2510.IH H2510 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2510 IH 10152(a)(1)) is amended by adding at the end the fol- 1 lowing: 2 ‘‘(I) Compensation for surrendered large 3 capacity ammunition feeding devices, as that 4 term is defined in section 921 of title 18, 5 United States Code, under buy-back programs 6 for large capacity ammunition feeding devices.’’. 7 SEC. 6. SEVERABILITY. 8 If any provision of this Act, an amendment made by 9 this Act, or the application of such provision or amend- 10 ment to any person or circumstance is held to be unconsti- 11 tutional, the remainder of this Act, the amendments made 12 by this Act, and the application of such provision or 13 amendment to any person or circumstance shall not be af- 14 fected thereby. 15 Æ VerDate Sep 11 2014 02:31 May 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H2510.IH H2510 kjohnson on DSK79L0C42PROD with BILLS