[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 298 Introduced in Senate (IS)]

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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 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 by 
adding at the end the following:
    ``(38) 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 10 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.
    ``(39) 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) by inserting ``or large capacity ammunition 
                feeding devices'' after ``firearms or ammunition'' each 
                place the term appears;
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``or large 
                capacity ammunition feeding devices'' 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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