GOSAFE Act
- Bill Number
- H.R. 2790
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-04-09: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-07-07T08:05:29Z
AI-Generated Summary
Purpose of the Legislation
The Gas-Operated Semi-Automatic Firearms Exclusion Act (GOSAFE Act), H.R. 2790, aims to enhance public safety by restricting access to certain gas-operated semi-automatic firearms and large-capacity ammunition feeding devices (commonly known as high-capacity magazines). It targets weapons and devices that can enable rapid firing, which have been associated with mass shootings, while allowing exceptions for government use and pre-existing lawful possessions.
Key Provisions
- Definitions Added to Law:
- Defines a "semi-automatic firearm" as a gun that fires one round per trigger pull, uses energy from the fired cartridge to reload the next round, and is not a machinegun (a fully automatic weapon).
- Explains "gas-operated" mechanisms, which use gas from a fired cartridge to cycle (reload) the gun, including types like piston-driven or direct impingement systems.
- Defines a "large capacity ammunition feeding device" as any magazine or similar device holding more than 10 rounds that is not fixed in place (excludes .22 caliber rimfire devices).
- Prohibitions on Firearms and Devices:
- Bans importing, selling, manufacturing, transferring, receiving, or possessing gas-operated semi-automatic firearms listed by the Attorney General, including modified versions or parts that enable prohibited functions (e.g., bump stocks or devices that increase firing rate to mimic machineguns).
- Separately bans large-capacity ammunition feeding devices manufactured after enactment, and prohibits transferring any such devices (even pre-enactment ones) after the law takes effect.
- Exceptions include:
- Use by federal, state, tribal, or local governments.
- Nuclear facility security under the Atomic Energy Act.
- Possession of firearms lawfully made and transferred before enactment.
- Transfers to immediate family members (spouse, parent, sibling, child, or household relatives) via licensed dealers with background checks.
- Excludes certain low-risk firearms from the ban, such as .22 rimfire rifles without detachable parts, single-shot or low-capacity rifles/shotguns/handguns, muzzle-loaders, bolt/lever/pump-action guns, and handguns with fixed magazines up to 15 rounds.
- Buy-Back Programs:
- Allows federal Byrne Justice Assistance Grants to fund voluntary programs where individuals can surrender prohibited firearms and devices for compensation.
- Penalties for Violations:
- First offense: Fine up to $5,000, up to 12 months in prison, or both.
- If a prohibited firearm is used in another federal crime punishable by over 1 year in prison: Additional fine up to $250,000, 2–10 years in prison.
- Prohibited Firearm Determinations (New Section 935):
- The Attorney General, through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), must publish and update a list of prohibited gas-operated semi-automatic firearms within 180 days of enactment.
- Licensed manufacturers can apply for approval of new designs (submitting specs, samples, and explanations); ATF reviews within 240 days and sets fees to cover costs.
- Appeals process: Manufacturers can appeal denials to the Attorney General (180 days) and then to federal court (standard: "arbitrary and capricious" review).
- Private citizens can sue in federal court if ATF removes a firearm from the prohibited list, seeking injunctive relief (court order to stop the action) under the same standard.
- Establishes a "Firearm Safety Trust Fund" in the U.S. Treasury, funded by certain gun taxes and application fees, to support ATF enforcement and related National Firearms Act activities.
Significant Changes to Existing Law
- Amends Title 18 of the U.S. Code (federal criminal law on firearms):
- Adds new definitions to Section 921(a).
- Inserts new subsections (v) and (w) in Section 922, creating broad prohibitions on specific semi-automatic firearms and high-capacity magazines, expanding beyond current bans on machineguns and certain assault weapons.
- Adds penalties to Section 924(a).
- Creates a new Section 935 for ATF's role in listing prohibited items, approving designs, and handling reviews—introducing a pre-approval process for new semi-automatic firearms sold to civilians.
- Modifies the Omnibus Crime Control and Safe Streets Act to permit grant funding for buy-backs, which was not previously specified for these items.
- Introduces marking requirements for government-use firearms and devices, and prohibits altering serial numbers.
Potential Impacts
- On Citizens: Limits future access to many common semi-automatic rifles (e.g., AR-15 styles) and magazines over 10 rounds, but grandfathers in pre-enactment possessions for personal use (no new sales or transfers except to family). Could reduce availability of these items for self-defense, hunting, or sport, while enabling buy-back incentives for voluntary surrender.
- On Government Agencies: Increases ATF workload for listing prohibited items, reviewing applications (with fees and a dedicated trust fund for funding), and enforcement. Law enforcement gains tools to combat illegal modifications but may face challenges in implementation. Supports state/local buy-back programs via grants.
- On International Relations: Minimal direct impact, though import bans could affect U.S. trade in firearms with foreign manufacturers.
Main Stakeholders Affected
- Firearm Owners and Collectors: Impacted by possession and transfer restrictions; pre-owned items remain legal but non-transferable except to family.
- Gun Manufacturers and Dealers: Must comply with design approvals, marking rules, and sales acknowledgments of prohibited lists; new civilian sales of affected models halted without ATF approval.
- Law Enforcement and Government Agencies: ATF handles expanded regulatory duties; federal/state/tribal entities exempt for official use.
- Gun Safety Advocates and Victims' Families: Potential beneficiaries through reduced access to high-rate-of-fire weapons.
- Nuclear Facility Operators: Exempt for security purposes under specific federal laws.
Notable Legal, Constitutional, or Political Implications
- Legal: Establishes an administrative process for ATF to classify and approve firearms, with judicial review limited to whether decisions are "arbitrary and capricious" (a deferential standard meaning courts overturn only if reasoning is irrational). Creates a private right of action for challenging list changes, potentially leading to litigation over classifications.
- Constitutional: May face challenges under the Second Amendment (right to bear arms), as it broadly regulates semi-automatic firearms; courts would assess if restrictions are consistent with recent Supreme Court precedents balancing public safety and individual rights (e.g., no outright ban on commonly used guns for lawful purposes).
- Political: As a gun control measure introduced by Democrats, it could spark debate on balancing safety with gun rights; grandfather clauses and exceptions aim to mitigate backlash, but the design approval and list-making powers could be seen as ongoing federal overreach into commerce.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (74)
Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Auchincloss, Jake [D-MA-4], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Wilson, Frederica S. [D-FL-24], Rep. Evans, Dwight [D-PA-3], Rep. Scanlon, Mary Gay [D-PA-5], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Pingree, Chellie [D-ME-1], Rep. Scholten, Hillary J. [D-MI-3], Rep. Davis, Danny K. [D-IL-7], Rep. Frost, Maxwell [D-FL-10], Rep. Carbajal, Salud O. [D-CA-24], Rep. Thanedar, Shri [D-MI-13], Rep. Menendez, Robert [D-NJ-8], Rep. Brownley, Julia [D-CA-26], Rep. Cleaver, Emanuel [D-MO-5], Rep. Salinas, Andrea [D-OR-6], Rep. Goldman, Daniel S. [D-NY-10], Rep. Schneider, Bradley Scott [D-IL-10], Rep. Gottheimer, Josh [D-NJ-5], Rep. Foushee, Valerie P. [D-NC-4], Rep. Kelly, Robin L. [D-IL-2], Rep. Sewell, Terri A. [D-AL-7], Rep. Casten, Sean [D-IL-6], Rep. Balint, Becca [D-VT-At Large], Rep. Elfreth, Sarah [D-MD-3], Rep. Min, Dave [D-CA-47], Rep. Quigley, Mike [D-IL-5], Rep. McIver, LaMonica [D-NJ-10], Rep. Rivas, Luz M. [D-CA-29], Rep. Cohen, Steve [D-TN-9], Rep. DeSaulnier, Mark [D-CA-10], Rep. Lynch, Stephen F. [D-MA-8], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Craig, Angie [D-MN-2], Rep. McGarvey, Morgan [D-KY-3], Rep. Tonko, Paul [D-NY-20], Rep. Johnson, Julie [D-TX-32], Rep. Morrison, Kelly [D-MN-3], Rep. Chu, Judy [D-CA-28], Rep. Meng, Grace [D-NY-6], Rep. Himes, James A. [D-CT-4], Rep. Mullin, Kevin [D-CA-15], Rep. Dean, Madeleine [D-PA-4], Rep. Pettersen, Brittany [D-CO-7], Rep. Bell, Wesley [D-MO-1], Rep. Figures, Shomari [D-AL-2], Rep. Bonamici, Suzanne [D-OR-1] and 24 more
Recent Actions
- 2025-04-09: Referred to the House Committee on the Judiciary.
- 2025-04-09: Introduced in House
- 2025-04-09: Introduced in House
Bill Versions
- Gas-Operated Semi-Automatic Firearms Exclusion Act — issued 2025-04-09 — PDF (20 pages)