GOSAFE Act
- Bill Number
- S. 1370
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-04-09: Read twice and referred to the Committee on Finance.
- Last Updated
- 2026-06-17T11:03:25Z
AI-Generated Summary
Purpose
The Gas-Operated Semi-Automatic Firearms Exclusion Act (GOSAFE Act) aims to enhance public safety by restricting the manufacture, sale, transfer, importation, and possession of certain gas-operated semi-automatic firearms and large-capacity ammunition feeding devices (magazines or similar that hold more than 10 rounds). It targets firearms that use gas from fired rounds to reload automatically, excluding fully automatic machineguns, and focuses on preventing modifications that increase firing rates.
Key Provisions
- Definitions (Amendments to 18 U.S.C. § 921(a)):
- Defines a "semi-automatic firearm" as one that fires one round per trigger pull, uses energy from the fired round to reload the next, and is not a machinegun.
- Specifies "gas-operated" mechanisms, including piston systems, direct impingement (gas directly hitting the bolt), blowback, and recoil systems.
- Defines "large capacity ammunition feeding device" as any detachable device holding more than 10 rounds (excluding .22 caliber rimfire devices).
- Prohibitions (Amendments to 18 U.S.C. § 922):
- New subsection (v): Bans importing, selling, manufacturing, transferring, receiving, or possessing gas-operated semi-automatic firearms listed by the Attorney General, or parts/devices that modify non-prohibited firearms to function like them or increase the rate of fire to mimic machineguns (e.g., bump stocks or similar).
- New subsection (w): Bans importing, selling, manufacturing, transferring, or possessing large-capacity devices made after enactment; also bans transferring pre-enactment devices.
- Exceptions:
- Applies to government entities (federal, state, tribal), certain nuclear facility licensees for security, and pre-enactment lawfully owned firearms (grandfathered for possession but limited transfers).
- Allows transfers to immediate family members (spouse, parent, sibling, child, or household relatives) via licensed dealers who conduct background checks.
- Excludes low-risk firearms like .22 rimfire rifles without detachable parts, single-shot or low-capacity rifles/shotguns/handguns, bolt/lever/pump-action firearms, and handguns with fixed magazines up to 15 rounds.
- Requires marking of excepted firearms and devices by licensed importers/manufacturers.
- Buy-Back Programs (Amendment to 34 U.S.C. § 10152(a)(1)):
- Permits Byrne Justice Assistance Grants to fund voluntary buy-back programs for prohibited firearms and large-capacity devices.
- Penalties (Amendments to 18 U.S.C. § 924(a)):
- Violations of prohibitions: Fine up to $5,000, up to 12 months imprisonment, or both.
- Enhanced penalty: If a prohibited firearm is used in another federal crime punishable by over 1 year in prison, adds fine up to $250,000 and 2–10 years imprisonment.
- Prohibited Firearm Determinations (New 18 U.S.C. § 935):
- Requires the Attorney General (via ATF Director) to publish and update a list of prohibited gas-operated semi-automatic firearms within 180 days of enactment.
- ATF responsibilities: Review manufacturer applications/appeals, require dealer records of buyer acknowledgments, and advise on list changes.
- Approval Process for New Designs:
- Licensed manufacturers must apply for approval before making semi-automatic firearms for civilian sale, submitting specs, samples, patents, and explanations.
- Review within 240 days; fees cover costs, deposited into a new "Firearm Safety Trust Fund" (also includes certain tax revenues for ATF enforcement).
- Appeals and Review:
- Manufacturers can appeal denials to the Attorney General (180 days), then seek judicial review in federal court if arbitrary/capricious.
- Private citizens can sue in federal court to challenge ATF removals from the prohibited list, seeking injunctions if arbitrary/capricious.
- Authorizes appropriations for implementation.
Significant Changes to Existing Law
- Expands federal firearms prohibitions under the Gun Control Act of 1968 by adding specific bans on gas-operated semi-automatics (beyond current assault weapon restrictions) and reinstating/enforcing large-capacity magazine limits similar to the expired 1994 Assault Weapons Ban.
- Introduces a pre-approval system for new firearm designs, shifting from reactive ATF classifications to proactive manufacturer submissions.
- Grandfather clauses protect pre-enactment ownership but restrict future transfers, unlike prior laws with broader commerce exemptions.
- Creates a dedicated trust fund for firearm safety enforcement, combining fees and taxes.
Potential Impacts
- Government Agencies: Increases workload for ATF (list maintenance, reviews, markings) and DOJ (enforcement, appeals); funds buy-backs via existing grants, potentially reducing illegal firearms in circulation.
- Citizens: Limits access to certain popular rifles (e.g., AR-15 variants) and high-capacity magazines for self-defense, hunting, or sport; grandfathered owners retain possession but face transfer hurdles; enables voluntary surrender programs for compensation.
- International Relations: Minor indirect effects via import bans, potentially straining trade with firearm-exporting countries, but no direct foreign policy changes.
- Overall, aims to reduce mass shooting risks by curbing rapid-fire capabilities, though enforcement may vary by state laws.
Main Stakeholders Affected
- Gun Owners and Collectors: Face possession/transfer restrictions on existing and future firearms/magazines; benefits from buy-back options.
- Firearm Manufacturers, Importers, and Dealers: Must comply with approvals, markings, and buyer notifications; new fees and processes could raise costs and limit product lines.
- Law Enforcement and Government: ATF/DOJ gain tools for regulation and enhanced penalties; states/tribes can use exceptions for official use.
- Advocacy Groups: Pro-gun organizations (e.g., NRA) may oppose restrictions; gun control advocates (e.g., Everytown) likely support for safety gains.
- Nuclear and Security Licensees: Retain access for protective purposes.
Notable Legal, Constitutional, or Political Implications
- Legal: Introduces judicial review standards (arbitrary and capricious) for ATF decisions, potentially leading to litigation over list accuracy or approvals; private right of action empowers citizens to challenge deregulations.
- Constitutional: Likely to face Second Amendment challenges, as it regulates common semi-automatic firearms used for self-defense; courts may scrutinize if bans infringe on individual rights (per District of Columbia v. Heller precedents), balancing public safety against historical traditions.
- Political: Bipartisan sponsors signal compromise on gun control, but could polarize debates in Congress; ties into broader discussions on mass violence prevention without universal background checks or other reforms.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (19)
Sen. King, Angus S., Jr. [I-ME], Sen. Kelly, Mark [D-AZ], Sen. Bennet, Michael F. [D-CO], Sen. Kaine, Tim [D-VA], Sen. Duckworth, Tammy [D-IL], Sen. Whitehouse, Sheldon [D-RI], Sen. Shaheen, Jeanne [D-NH], Sen. Padilla, Alex [D-CA], Sen. Van Hollen, Chris [D-MD], Sen. Fetterman, John [D-PA], Sen. Markey, Edward J. [D-MA], Sen. Wyden, Ron [D-OR], Sen. Hirono, Mazie K. [D-HI], Sen. Durbin, Richard J. [D-IL], Sen. Schatz, Brian [D-HI], Sen. Booker, Cory A. [D-NJ], Sen. Alsobrooks, Angela D. [D-MD], Sen. Kim, Andy [D-NJ], Sen. Merkley, Jeff [D-OR]
Recent Actions
- 2025-04-09: Read twice and referred to the Committee on Finance.
- 2025-04-09: Introduced in Senate
Bill Versions
- Gas-Operated Semi-Automatic Firearms Exclusion Act — issued 2025-04-09 — PDF (20 pages)