[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1186 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1186
To regulate large capacity ammunition feeding devices.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2019
Mr. Deutch (for himself, Mr. Nadler, Ms. DeGette, Ms. Titus, Mr.
Aguilar, Mr. Bera, Ms. Bonamici, Ms. Brownley of California, Mr.
Cardenas, Mr. Case, Ms. Clark of Massachusetts, Ms. Clarke of New York,
Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Crist, Mr. Cummings, Mrs.
Davis of California, Mr. DeSaulnier, Ms. Eshoo, Mr. Espaillat, Ms.
Frankel, Mr. Grijalva, Mr. Hastings, Ms. Johnson of Texas, Mr. Johnson
of Georgia, Ms. Kelly of Illinois, Mr. Langevin, Ms. Lofgren, Mr.
Lynch, Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of
New York, Ms. Matsui, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr.
Morelle, Mrs. Napolitano, Ms. Norton, Mr. Pallone, Mr. Panetta, Mr.
Peters, Ms. Pingree, Miss Rice of New York, Mr. Rose of New York, Ms.
Roybal-Allard, Mr. Sarbanes, Ms. Schakowsky, Mr. Schiff, Mr. Schneider,
Mr. Scott of Virginia, Mr. Sherman, Mr. Sires, Mr. Smith of Washington,
Mr. Soto, Ms. Speier, Mr. Suozzi, Mr. Swalwell of California, Mr.
Takano, Ms. Velazquez, Mr. Visclosky, Ms. Wasserman Schultz, Mrs.
Watson Coleman, Ms. Wilson of Florida, Mr. Yarmuth, Mr. Cisneros, Mr.
Neguse, and Mr. Garamendi) 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 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
inserting after paragraph (29) the following:
``(30) 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.
``(31) 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) in the second and third sentences, by inserting
``or large capacity ammunition feeding device'' after
``firearms or ammunition'' each place the term appears;
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or large
capacity ammunition feeding device'' 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:
``(I) 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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