GOSAFE Act

Summary

Prohibits the import, manufacture, sale, transfer, receipt, and possession of gas-operated semi-automatic firearms and certain parts or devices that enable gas-operated cycling or materially increase rate of fire. The bill defines covered firearms and large-capacity ammunition feeding devices, creates criminal penalties for violations (including enhanced penalties for committing other felonies while unlawfully possessing such a firearm), requires marking of covered firearms and magazines, and allows federal Byrne grant funds to be used for buyback payments for surrendered covered firearms and large-capacity magazines. Requires the Attorney General (through the ATF Director) to publish and maintain a list of gas-operated semi-automatic firearms in or affecting interstate or foreign commerce that are prohibited, to review manufacturer applications about whether new designs are covered, to collect application fees into a new Firearm Safety Trust Fund, and to set timelines for reviews, appeals, and dealer procedures (including purchaser acknowledgement and a private right of action to challenge list removals). Grandfathering is provided for items lawfully manufactured and transferred before enactment with limited family-transfer rules.

• Bans import, manufacture, sale, transfer, receipt, and possession of gas-operated semi-automatic firearms and certain enabling parts/devices.
• Defines covered firearms and large-capacity magazines (>10 rounds, with certain exclusions) and requires markings for covered items.
• Creates criminal penalties: up to $5,000 fine and 12 months imprisonment for violations, plus a 2-year mandatory minimum (up to 10 years) if another federal felony is committed while unlawfully possessing a covered firearm.
• Allows Byrne grant funds to be used to pay individuals in buyback programs for surrendered covered firearms and magazines.
• Requires ATF to publish and maintain a prohibited-firearm list, review manufacturer applications and appeals, set fees, and create a Firearm Safety Trust Fund to finance these activities.
• Grandfathers firearms lawfully manufactured and transferred before enactment but limits some intra-family transfers and requires dealer processing.
• Licensed dealers must obtain purchaser acknowledgement of the ATF list prior to sales, and the bill creates a private right to challenge removals from the list.
• Establishes administrative timelines for ATF review (including 180–240 day windows) and uses a deferential arbitrary-and-capricious standard for judicial review.