H.R. 1674 — Keep Americans Safe Act

This section adds to the definitions in 18 U.S.C. §921(a) (1) "large capacity ammunition feeding device," meaning a magazine, belt, drum, feed strip, helical feeding device, or similar device—including any such device joined or coupled with another—that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 15 rounds of ammunition (excluding an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition); and (2) "qualified law enforcement officer," having the meaning given that term in 18 U.S.C. §926B.

This section prohibits the import, sale, manufacture, transfer, or possession of a large capacity ammunition feeding device (i.e., a magazine, belt, drum, feed strip, or similar device that holds more than 10 rounds of ammunition) in or affecting interstate or foreign commerce, except for (1) devices lawfully possessed on or before enactment; (2) devices for use by or transfers to federal, state, or local government entities or qualified law enforcement officers (including campus law enforcement officers, defined as commissioned officers at qualifying higher education institutions responsible for crime prevention, investigation, and arrests); (3) devices for licensed nuclear facilities under the Atomic Energy Act of 1954 or their employees/contractors; (4) certain devices retained by retired law enforcement officers; and (5) devices by licensed manufacturers or importers for Attorney General-authorized testing or experimentation. The section also requires large capacity ammunition feeding devices manufactured after enactment to be marked with a serial number, manufacturing date, and other identification prescribed by the Attorney General. Finally, the section subjects such devices involved in or intended for §922(v) violations to seizure and forfeiture.

This section expands the authorized purposes of Edward Byrne Memorial Justice Assistance Grant (Byrne JAG) funds to include compensation for surrendered large capacity ammunition feeding devices—as defined in 18 U.S.C. 921—under buy-back programs. (The Byrne JAG program provides formula grants to states and localities for criminal justice purposes, including law enforcement and crime prevention.)

This section establishes a severability clause, providing that if any provision of the Act or its amendments is held unconstitutional as applied to any person or circumstance, the remainder of the Act and its amendments remain in effect.