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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 922(w).
Adds a new section (935) to chapter 44 of title 18 establishing procedures for identifying prohibited gas-operated semi-automatic firearms, ATF responsibilities, an application and review process for manufacturer approvals, an appeals process, a private right of action for removals, establishment of a Firearm Safety Trust Fund, and an authorization of appropriations.
Adds a new subparagraph (J) to 34 U.S.C. 10152(a)(1) authorizing use of grant funds for compensation under buy-back programs for gas-operated semi-automatic firearms and large capacity ammunition feeding devices (as defined in 18 U.S.C. 921).
Adds new definitions numbered (39) through (42) to 18 U.S.C. §921(a), defining 'semi-automatic firearm', 'cycle the action', 'gas-operated' (with specific subtypes), and 'large capacity ammunition feeding device'.
Inserts new subsections (v) and (w) after subsection (u) of 18 U.S.C. §922 establishing unlawful acts related to gas-operated semi-automatic firearms and large capacity ammunition feeding devices, exemptions (including government, Atomic Energy Act licensees, and certain pre-enactment possessions), transfer restrictions, marking requirements, and a definition of 'immediate family member'.
Creates federal bans on certain gas-operated semi-automatic firearms, parts or devices that convert firearms to operate like those banned weapons, and large-capacity ammunition feeding devices. The bill adds new definitions and marking requirements, carves out limited exceptions (government agencies, some licensees, and lawful pre-enactment possession/transfers), authorizes compensation for surrendered banned firearms and magazines under buy-back programs, and establishes new criminal penalties for violations. It also requires the Attorney General (through the ATF Director) to publish and maintain a list of ‘‘prohibited’’ gas-operated semi-automatic firearms, sets procedures for manufacturer review and appeals, funds ATF activity for listing and enforcement, and authorizes appropriations to carry out these duties.
Adds new definitions to 18 U.S.C. § 921(a) including: (39) "semi-automatic firearm" (definition of firing/cycling and separate trigger pull requirement), (40) "cycle the action" (definition), (41) "gas-operated" (lists specific gas-operated systems), and (42) "large capacity ammunition feeding device" (device types, capacity >10 rounds, not permanently fixed, exclusion for .22 rimfire devices).
Defines "semi-automatic firearm" as a firearm that fires the first chambered cartridge and uses firing energy to extract the spent case, chamber the next round, prepare the firing mechanism, requires a separate trigger action for each shot, and is not a machinegun.
Defines "cycle the action" to mean extracting the fired cartridge case, chambering the next cartridge, and preparing the firing mechanism to fire again.
Defines "gas-operated" with examples of systems (long stroke piston, short stroke piston, systems trapping/venting gas to strike bolt, hybrid systems, blowback-utilizing gas on cartridge case, recoil-operated systems).
Defines "large capacity ammunition feeding device" as a magazine, belt, drum, feed strip, helical device, or similar device (including joined devices) that can accept more than 10 rounds and is not permanently fixed; excludes devices designed to accept only .22 or less caliber rimfire ammunition.
Who is affected and how:
Gun owners and private possessors: Individuals who own gas-operated semi-automatic firearms or large-capacity magazines that meet the bill’s definitions will face legal restrictions on possession, transfer, sale, or manufacture unless they qualify for an explicit exception or fall under the limited grandfathering provisions. Owners may need to surrender covered items into buy-back programs or otherwise become compliant; noncompliance may carry criminal penalties.
Firearms manufacturers and importers: Entities that design, manufacture, or import gas-operated semi-automatic firearms, conversion parts, or large-capacity magazines will face new compliance requirements, marking obligations, application and review processes with ATF, and potential limits on product lines if items are placed on the prohibited list. They will also be subject to ATF fees and potential delays while applications are reviewed.
Federal firearms licensees (dealers, FFLs): Dealers and licensees must change business practices to avoid handling newly prohibited items except where law permits, update inventory and marking practices, and may participate in buy-back activities. Compliance, record‑keeping, and risk of criminal liability for violations will increase.
ATF and the Department of Justice: ATF will incur an administrative and operational workload to publish and maintain the list, review manufacturer applications, set fees, adjudicate appeals, and enforce the new prohibitions. The bill authorizes appropriations and a funding mechanism but will require ATF capacity-building and procedural implementation.
Courts and legal system: The bill creates new criminal offenses and a statutory administrative-judicial review pathway, likely producing litigation over ATF listing decisions, statutory definitions, scope of exceptions, and constitutional challenges (e.g., Second Amendment and due process claims). Private court review of ATF removals may increase federal case filings.
Public safety and communities: The bill’s intended public-safety effect is to reduce circulation of specified high-capacity or gas-operated semi-automatic weapons; practical effects will depend on how many items are covered by the definitions and the resources devoted to buy-back and enforcement. Communities could see displacement effects in secondary markets, and local law enforcement will coordinate with federal enforcement in covered cases.
Economic effects: Manufacturers, importers, and dealers may face lost sales, product redesign costs, compliance expenses, and potential market disruptions. Buy-back programs will require funding and administration; the bill authorizes compensation but implementation details affect cost.
Overall, the legislation imposes new substantive criminal prohibitions and administrative controls that directly affect firearm owners, manufacturers, dealers, and ATF operations. Implementation will require rulemaking, administrative processing, funding, and is likely to prompt legal challenges that could shape enforcement and scope.
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GOSAFE Act
Read twice and referred to the Committee on Finance.
Introduced April 9, 2025 by Martin Heinrich · Last progress April 9, 2025
Read twice and referred to the Committee on Finance.
Introduced in Senate