S. 803 — Keep Americans Safe Act

This section adds definitions to 18 U.S.C. §921(a) for (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 10 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,” as defined 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., typically a magazine capable of holding more than 10 rounds) in or affecting interstate or foreign commerce, except for (1) any such device lawfully possessed on or before the date of enactment; (2) devices for use by the United States, states, law enforcement (including campus law enforcement officers), nuclear facilities licensed under the Atomic Energy Act of 1954, retired law enforcement officers (for agency-issued or officially obtained devices), or licensed manufacturers/importers for Attorney General-authorized testing; and (3) defines campus law enforcement officer. This section also requires large capacity ammunition feeding devices manufactured after enactment to be serialized with the manufacturing date and other Attorney General-prescribed markings. Finally, this section extends seizure and forfeiture provisions to large capacity ammunition feeding devices.

This section authorizes the use of Byrne Justice Assistance Grant (JAG) funds for buy-back programs that compensate individuals who surrender large capacity ammunition feeding devices, as defined in 18 U.S.C. 921(a)(30) (i.e., devices that hold more than 10 rounds of ammunition, with exceptions for certain tubular devices and permanently altered magazines). (The Byrne JAG program provides flexible formula grants to states and localities to improve criminal justice systems.)

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