H.R.1674 - Keep Americans Safe Act (119th Congress)
Summary
H.R.1674, the "Keep Americans Safe Act," aims to regulate large capacity ammunition feeding devices (LCAFDs). It defines LCAFDs as magazines, belts, drums, or similar devices capable of holding more than 15 rounds of ammunition, excluding .22 caliber rimfire tubular devices. The bill prohibits the import, sale, manufacture, transfer, or possession of LCAFDs, with exceptions for law enforcement, the military, licensed nuclear facilities, and certain retired law enforcement officers.
The Act also mandates identification markings for LCAFDs manufactured after the enactment of the bill and allows for the seizure and forfeiture of these devices under certain circumstances. Furthermore, it amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow Byrne grants to be used for buy-back programs for LCAFDs.
The bill includes a severability clause, ensuring that if any provision is found unconstitutional, the remaining parts of the Act will remain in effect.
Expected Effects
If enacted, H.R.1674 would restrict access to large capacity ammunition feeding devices for the general public. This could lead to a decrease in the availability of these devices and potentially affect the types of firearms that individuals choose to own.
Law enforcement and military personnel would be exempt from these restrictions, ensuring they can continue to use these devices for official purposes. The buy-back program provision could incentivize individuals to voluntarily surrender LCAFDs in exchange for compensation.
Potential Benefits
- Potential reduction in mass shootings and gun violence due to restricted access to high-capacity magazines.
- Enhanced public safety through stricter regulation of ammunition feeding devices.
- Increased ability for law enforcement to address crimes involving LCAFDs.
- Standardized identification markings on LCAFDs to aid in tracking and investigations.
- Potential for communities to reduce the number of LCAFDs through buy-back programs.
Most Benefited Areas:
Potential Disadvantages
- Infringement on the Second Amendment rights of law-abiding citizens who use LCAFDs for self-defense, sport shooting, or hunting.
- Potential for the law to be challenged in court based on Second Amendment grounds.
- Increased costs for law enforcement agencies to comply with the new regulations and manage buy-back programs.
- Possible black market for LCAFDs, making them more difficult to track and regulate.
- Difficulty in defining and enforcing the term "large capacity ammunition feeding device," leading to potential legal challenges.
Constitutional Alignment
The bill's alignment with the Second Amendment is a key constitutional consideration. The Second Amendment guarantees the right of the people to keep and bear arms, but the extent to which this right applies to LCAFDs is a subject of ongoing debate.
The Supreme Court's interpretation of the Second Amendment in cases like District of Columbia v. Heller and McDonald v. City of Chicago acknowledges the right to bear arms for self-defense but also recognizes the government's power to regulate firearms. The restrictions imposed by H.R.1674 could be viewed as an infringement on the Second Amendment, particularly if LCAFDs are considered "arms" commonly used for lawful purposes.
However, the government could argue that the regulation of LCAFDs is a reasonable restriction necessary to promote public safety, falling within the permissible bounds of the Second Amendment. The exemptions for law enforcement and military use could also be cited as evidence that the bill is narrowly tailored to address specific concerns without unduly infringing on the rights of responsible gun owners.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).