Overview
Title
To regulate large capacity ammunition feeding devices.
ELI5 AI
S. 803 is a rule that says people can't have or use bullet holders that hold more than 10 bullets, except for some police officers and special cases. It also lets the government buy these bullet holders back from people who already have them.
Summary AI
S. 803, titled the "Keep Americans Safe Act," aims to regulate large capacity ammunition feeding devices. It defines these devices as those capable of holding more than 10 rounds of ammunition and makes it unlawful to import, sell, manufacture, transfer, or possess them, with specific exceptions for law enforcement and certain other uses. It mandates devices made after the law's enactment to have identifying markings and outlines penalties for violations. Furthermore, the bill allows for the use of federal grants to fund buy-back programs for these devices.
Published
Keywords AI
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Bill Statistics
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AnalysisAI
The "Keep Americans Safe Act" (S. 803) is proposed legislation aimed at regulating large-capacity ammunition feeding devices. This bill, introduced in the 119th Congress, seeks to address the handling, possession, and trade of magazines and devices that hold more than 10 rounds of ammunition, with few exceptions for law enforcement and certain other categories. It aims to lessen the risks associated with mass shootings and high-casualty firearm incidents by limiting access to these devices.
General Summary of the Bill
The bill defines what constitutes a "large capacity ammunition feeding device" and outlines restrictions on importing, selling, manufacturing, or possessing these devices, with specified exemptions mainly for law enforcement and nuclear security purposes. Provisions include mandatory identification markings on new devices and guidelines for their seizure and forfeiture if unlawfully possessed. Amendments to existing legislation would incorporate penalties for violations and allow federal funds to support buy-back programs for these devices. A severability clause is included to maintain the legal standing of the bill's other sections if one is found unconstitutional.
Summary of Significant Issues
Several issues have arisen concerning this bill. The definition of a "large capacity ammunition feeding device" could be ambiguous, leading to potential enforcement challenges. Exemptions for retired law enforcement officers may create loopholes or perceptions of unfairness. Moreover, the provision allowing the Attorney General to authorize the importation or testing of these devices could be misused without proper oversight. Section 5, addressing the buy-back programs, lacks detailed guidance on implementation, compensation standards, and funding sources, which raises concerns about transparency and misuse of public funds. Lastly, the absence of a requirement for retrofitting existing devices complicates enforcement and undermines the bill's effective reach.
Public Impact
Broadly, the bill aims to enhance public safety by limiting access to devices that can enable mass shootings. By curtailing the availability of these ammunition feeding devices, the legislation seeks to reduce potential harm in violent incidents involving firearms.
However, the lack of clarity and potential loopholes may hinder its efficacy and lead to uneven application across different jurisdictions. Additionally, the impact on lawful gun owners, who might find the bill restrictive, is a point of consideration and debate.
Impact on Specific Stakeholders
Law Enforcement and Security Agencies: The bill mostly exempts these groups, acknowledging their unique security responsibilities. This ensures that their operational needs remain uncompromised, but it might also lead to perceptions of inequity and favoritism.
Gun Owners and Dealers: The legislation could impose new challenges, particularly for those engaged in the lawful trade and use of firearms. There may be concerns about the bill infringing on Second Amendment rights, although it attempts to tackle a significant public safety issue with ongoing national debate.
General Public: While intended as a protective measure, public understanding could be hampered by the bill's complexity and the specific verbiage, reducing its immediate efficacy in instilling confidence or compliance without comprehensive education efforts.
In sum, the "Keep Americans Safe Act" proposes influential changes in firearm regulation, but it would benefit from clearer definitions and frameworks to ensure consistent enforcement and public understanding while addressing safety concerns.
Issues
The definition of 'large capacity ammunition feeding device' in Section 2 could be considered ambiguous, particularly in terms of what constitutes a device that can be 'readily restored, changed, or converted to accept, more than 10 rounds of ammunition.' This ambiguity might lead to differing interpretations and enforcement inconsistencies.
The exemption in Section 3 for retired law enforcement officers could be perceived as unfair or could potentially create loopholes for misuse, raising concerns about equity and law enforcement favoritism.
The inclusion of a provision in Section 3 allowing for the importation, testing, or experimentation of large capacity ammunition feeding devices by the Attorney General could be exploited without strict regulations or oversight, posing potential security and misuse risks.
Section 5 on buy-back programs lacks details on implementation, standards for compensation, and funding sources, potentially leading to inconsistencies and financial transparency concerns in the execution of these programs.
The absence of retrofitting requirements in Section 3 for existing large capacity ammunition feeding devices could complicate the tracking and enforcement of the act, impacting its effectiveness.
The severability clause in Section 6 is complex and might be difficult for the general public to understand, potentially affecting the interpretation and understanding of the act if parts are challenged in court.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill specifies that the official short title of the legislation is the “Keep Americans Safe Act.”
2. Definitions Read Opens in new tab
Summary AI
Section 921(a) of title 18 of the United States Code has been updated to define the terms "large capacity ammunition feeding device" and "qualified law enforcement officer." A "large capacity ammunition feeding device" is any device like a magazine or belt that can hold more than 10 rounds, except for devices meant only for .22 caliber rimfire ammunition. A "qualified law enforcement officer" is defined by another section of the law.
3. Restrictions on large capacity ammunition feeding devices Read Opens in new tab
Summary AI
The section outlines restrictions on large capacity ammunition feeding devices, making it illegal to import, sell, manufacture, or possess them, with certain exceptions such as for law enforcement or nuclear security. It also mandates identification markings on new devices and includes provisions for the seizure and forfeiture of these devices if involved in illegal activities.
4. Penalties Read Opens in new tab
Summary AI
The section amends part of the United States Code to include a new reference, changing it from “or (q)” to “(q), or (v)” in the list of penalties under section 924(a)(1)(B).
5. Use of Byrne grants for buy-back programs for large capacity ammunition feeding devices Read Opens in new tab
Summary AI
The amendment to the Omnibus Crime Control and Safe Streets Act of 1968 allows government funds to be used for buy-back programs. These programs will compensate individuals who turn in large capacity ammunition feeding devices.
6. Severability Read Opens in new tab
Summary AI
If any part of this Act is found to be unconstitutional, the rest of the Act and its amendments still remain valid and enforceable.