Proposed Federal Ban Targets Magazines Holding Over 10 Rounds: What the Grandfather Clause Actually Means

The “Keep Americans Safe Act” is straightforward: it aims to stop the future sale, manufacture, transfer, and possession of what it calls “large capacity ammunition feeding devices” (LCAFDs). If you’re busy, here’s the quick breakdown: an LCAFD is essentially any magazine, belt, or drum that can hold more than 10 rounds of ammunition. The bill makes dealing in these devices illegal nationwide starting immediately upon enactment, provided the activity affects interstate commerce—which, let’s be honest, covers pretty much everything.

The 10-Round Rule and the Grandfather Clock

For most people, the biggest question is, “What about the stuff I already own?” The bill includes a crucial exception, often called a “grandfather clause” (SEC. 3). If you lawfully possessed one of these devices before the law takes effect, you can generally keep it. You’re not suddenly a criminal for owning what you bought legally last year. However, this clause only protects possession. It does not protect future transfers or sales to the general public, meaning the market for these items effectively dries up overnight. If you’re a collector, or if you were planning to sell a device later, the future value and legality of that transaction are now in question.

Who Gets a Pass?

While the ban hits the general public, it carves out some very specific exceptions. The U.S. government, state, and local governments are exempt, as are sales to “qualified law enforcement officers” for official duty (SEC. 3). This definition of law enforcement is pretty broad, even including campus police at private colleges that receive federal student aid. So, if you’re a private citizen, the ban applies. If you’re wearing a badge, you’re generally good to go. The bill also makes a point of allowing retired officers to keep devices issued to them upon retirement, acknowledging the need for consistency in law enforcement training and equipment.

New Rules for New Gear

For any LCAFD manufactured after this law passes, manufacturers will have a new job: engraving. Every new device must have a clear, visible serial number and the date it was manufactured (SEC. 3). This is a big deal because it creates an immediate tracking system for future enforcement. If a device is found without a date or serial number, it’s proof it was manufactured after the ban and is therefore illegal. Furthermore, the bill gives the Attorney General the power to require “any other identification” through new regulations, which could mean even more compliance burdens down the road for manufacturers.

Using Federal Funds to Buy Back

Beyond the ban, the bill provides a funding mechanism for states that want to reduce the existing pool of these devices. It allows states to use federal Byrne grant money—which is normally used for things like drug task forces and general crime fighting—to fund buy-back programs (SEC. 5). This means states don't have to use their own budgets entirely; they can tap into federal resources to pay people to turn in their 10+ round magazines. This is a practical move that acknowledges that simply banning future sales doesn't address the millions of devices already out there.

The Fine Print on Seizure and Enforcement

This bill doesn't just change what you can buy; it changes how illegal items are handled. It explicitly adds “large capacity ammunition feeding devices” to existing federal laws concerning the seizure and forfeiture of firearms and ammunition (SEC. 3). This means if a device is involved in a crime, or if it’s possessed illegally (e.g., if it was manufactured after the ban), it can be seized and forfeited just like an illegal firearm. For the average person, this means if you have one of the grandfathered devices, you need to make absolutely certain you can prove lawful possession if you ever run into a situation where law enforcement might question it, because the penalties and seizure risks are now much higher.