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Prohibits the manufacture, import, sale, shipment, and interstate transport of certain “gas‑operated” semi‑automatic firearms, many related parts/devices, and large‑capacity ammunition feeding devices, effective on and after enactment. It creates criminal penalties for violations, directs the Attorney General (via the ATF Director) to maintain a public list of banned models and a process for manufacturers to submit new designs for review, establishes a Firearm Safety Trust Fund funded by fees/taxes, and authorizes Byrne grant funds to be used for buyback payments for surrendered covered firearms and magazines.
Adds a definition of "semi-automatic firearm" to 18 U.S.C. 921(a). A semi-automatic firearm is defined as any firearm that (A) on firing uses some energy of the fired cartridge to extract the spent case, chamber the next round, and prepare the firing mechanism to fire again; (B) requires a separate trigger pull (or similar action) to fire each cartridge; and (C) is not a machinegun.
Adds a definition of "cycle the action" to 18 U.S.C. 921(a) meaning to extract the fired cartridge case, chamber the next cartridge, and prepare the firing mechanism to fire again.
Adds a definition of "gas-operated" (with respect to a semi-automatic firearm) to 18 U.S.C. 921(a). The definition lists specific gas- or recoil-driven systems that constitute gas-operated designs (long-stroke piston, short-stroke piston, systems that trap and vent gas to strike or impinge bolt/slide, hybrid systems combining these elements, blowback systems that use expanding gases on the cartridge case, and recoil-operated systems).
Adds a definition of "large capacity ammunition feeding device" to 18 U.S.C. 921(a). It means a magazine, belt, drum, feed strip, helical device, or similar device that (i) has, or can be readily restored/converted to accept, more than 10 rounds, and (ii) is not permanently fixed. It excludes devices designed to accept and operate only with .22 or smaller rimfire ammunition.
Inserts new subsection (v) into 18 U.S.C. 922 making it unlawful, except as provided in specified exceptions, for any person to import, sell, manufacture, transfer, receive, or possess in or affecting interstate or foreign commerce any firearm, device, or combination of parts described in subparagraphs (A) through (H), when the person knows or has reasonable cause to believe the item meets the listed conditions (for example, that it is on the prohibited list in section 935(a) or is designed to convert a firearm into a prohibited gas-operated semi-automatic).
Who is affected and how:
Private firearm owners and possessors: People who own or possess guns that meet the new definition of "gas‑operated semi‑automatic firearms" or large‑capacity feeding devices could be required to surrender them, may face criminal penalties for unlawful possession after enactment, and may participate in buyback programs funded by Byrne grants.
Firearm manufacturers and importers: New marking/serial requirements and the need to file applications or notifications with ATF for model determinations will add compliance steps, costs, and potential delays for bringing designs to market. Some existing models could be added to the banned list, halting interstate commerce for those models.
Federal firearms licensees and dealers: Dealers and licensees will have to stop interstate sales and shipments of newly listed models and large‑capacity feeding devices, update inventories, and potentially adjust business practices to avoid civil and criminal liability.
Grant recipients and local programs: Law enforcement agencies and local governments that receive Byrne grants can now use those funds to pay for buybacks, increasing options for locally run surrender programs.
ATF and Department of Justice: ATF will have new administrative duties (creating and updating a banned‑model list, processing design submissions, setting fees, handling appeals) and likely need additional resources drawn from the new Trust Fund and appropriations to implement the program.
Courts and legal system: Addition of criminal penalties and new administrative determinations will likely produce litigation over statutory definitions, scope, and constitutionality; judicial review provisions create formal routes for challenges.
Communities and public safety: Supporters may expect reductions in certain firearms in circulation and view buybacks as a public‑safety tool; opponents may raise concerns about property rights, enforcement burdens, impacts on lawful owners, and effects on dealers/manufacturers. The law may shift some firearm commerce into private or intrastate markets, generate enforcement and compliance costs, and change resale/transfer behavior.
Overall, the bill directly targets a specific class of semi‑automatic firearms and large‑capacity magazines, imposing criminal prohibitions and administrative controls that affect owners, sellers, manufacturers, law enforcement grant programs, and the ATF's workload and resources.
Adds a new paragraph (9) to 18 U.S.C. 924(a) establishing criminal penalties for violations of 18 U.S.C. 922(v) or (w), including a maximum fine of $5,000 or imprisonment up to 12 months for each offense, and enhanced penalties (additional fine up to $250,000 and imprisonment of 2–10 years) where a person possessing a gas-operated semi-automatic firearm in violation of 922(v) commits or attempts to commit another Federal felony.
Adds a new subparagraph (J) to 34 U.S.C. 10152(a)(1) to authorize use of funds for compensation for surrendered gas-operated semi-automatic firearms and large capacity ammunition feeding devices under buy-back programs.
Adds a new section 935 to chapter 44 of title 18 establishing procedures for determining and listing gas-operated semi-automatic firearms prohibited under section 922(v); assigns responsibilities to the Attorney General and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; creates an application and appeals process for licensed manufacturers; requires fee-setting and establishes a Firearm Safety Trust Fund; creates a private right of action for removals from the list; and authorizes appropriations.
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Referred to the House Committee on the Judiciary.
Introduced April 9, 2025 by Lucy Mcbath · Last progress April 9, 2025
GOSAFE Act
Referred to the House Committee on the Judiciary.
Introduced in House