The "Keep Americans Safe Act" bans the import, sale, manufacture, transfer, or possession of large capacity ammunition feeding devices, with certain exceptions for law enforcement, government entities, and other specific cases, while also allowing Byrne grants to be used for buy-back programs for these devices.
Mazie Hirono
Senator
HI
The Keep Americans Safe Act seeks to regulate large capacity ammunition feeding devices by prohibiting their import, sale, manufacture, transfer, and possession, with certain exceptions for law enforcement, government entities, and other authorized parties. It also mandates unique markings on newly manufactured devices and allows for their seizure and forfeiture if used in violation of the law. Furthermore, the Act enables the use of Byrne grants for buy-back programs targeting these devices and includes a severability clause to ensure the rest of the Act remains effective if a provision is found unconstitutional.
Keep Americans Safe Act Proposes Ban on High-Capacity Magazines Over 10 Rounds, Creates Buy-Back Option
The Keep Americans Safe Act seeks to regulate certain firearm accessories by making it unlawful to import, sell, manufacture, transfer, or possess what it defines as 'large capacity ammunition feeding devices' moving forward. Specifically, Section 2 defines these devices as any magazine, belt, drum, feed strip, or similar item capable of holding more than 10 rounds of ammunition. This definition explicitly excludes attached tubular devices designed only for .22 caliber rimfire ammunition.
Drawing the Line: What's In and What's Out
The core of the bill (Section 3) focuses on restricting future commerce and possession of these high-capacity devices. However, it includes significant exemptions. Critically, the ban does not apply to devices lawfully possessed before the date the law goes into effect – a grandfathering clause. It also carves out exceptions for the U.S. government, state and local governments, qualified active and certain retired law enforcement officers (as defined in Sec. 2 and 3), campus law enforcement officers (also newly defined in Sec. 3), and personnel involved in securing nuclear materials under the Atomic Energy Act. Licensed manufacturers and importers can possess them for authorized testing.
Tracking and Turning In
For any large capacity feeding devices manufactured after the bill becomes law, Section 3 mandates they be marked with a serial number, date of manufacture, and other identifiers specified by the Attorney General. This aims to track newly produced items covered by the law. Additionally, Section 5 amends existing law (the Omnibus Crime Control and Safe Streets Act) to explicitly allow federal Byrne Grant funds to be used by state and local governments to run buy-back programs, offering compensation to individuals who voluntarily surrender these devices. The bill also updates penalty codes (Section 4) to align with the new restrictions and includes a standard severability clause (Section 6), meaning if one part is struck down in court, the rest is intended to remain valid.