II
119THCONGRESS
1
STSESSION S. 1370
To amend title 18, United States Code, to restrict the possession of certain
firearms, and for other purposes.
IN THE SENATE OF THE UNITED STATES
APRIL9, 2025
Mr. H
EINRICH(for himself, Mr. KING, Mr. KELLY, Mr. BENNET, Mr. KAINE,
Ms. D
UCKWORTH, Mr. WHITEHOUSE, Mrs. SHAHEEN, Mr. PADILLA, Mr.
V
ANHOLLEN, Mr. FETTERMAN, Mr. MARKEY, Mr. WYDEN, and Ms.
H
IRONO) introduced the following bill; which was read twice and referred
to the Committee on Finance
A BILL
To amend title 18, United States Code, to restrict the
possession of certain firearms, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Gas-Operated Semi- 4
Automatic Firearms Exclusion Act’’ or the ‘‘GOSAFE 5
Act’’. 6
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SEC. 2. RESTRICTIONS. 1
(a) D
EFINITIONS.—Section 921(a) of title 18, United 2
States Code, is amended by adding at the end the fol-3
lowing: 4
‘‘(39) The term ‘semi-automatic firearm’ means any 5
firearm that— 6
‘‘(A) upon initiating the firing sequence, fires 7
the first chambered cartridge and uses a portion of 8
the energy of the firing cartridge to— 9
‘‘(i) extract the expended cartridge case; 10
‘‘(ii) chamber the next round; and 11
‘‘(iii) prepare the firing mechanism to fire 12
again; 13
‘‘(B) requires a separate pull, release, push, or 14
initiation of the trigger to fire each cartridge; and 15
‘‘(C) is not a machinegun. 16
‘‘(40) The term ‘cycle the action’, with respect to a 17
firearm, means to extract the fired cartridge case, cham-18
ber the next cartridge, and prepare the firing mechanism 19
to fire again. 20
‘‘(41) The term ‘gas-operated’, with respect to a 21
semi-automatic firearm, means any firearm that harnesses 22
or traps a portion of the high-pressure gas from a fired 23
cartridge to cycle the action using— 24
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‘‘(A) a long stroke piston, where gas is vented 1
from the barrel to a piston that is mechanically fixed 2
to the bolt group and moves to cycle the action; 3
‘‘(B) a short stroke piston, where gas is vented 4
from the barrel to a piston that moves separately 5
from the bolt group so that the energy is imparted 6
through a gas piston to cycle the action; 7
‘‘(C) a system that traps and vents gas from ei-8
ther the barrel or the chamber to directly strike or 9
impinge the bolt, bolt carrier, or slide assembly, to 10
unlock and cycle the action; 11
‘‘(D) a hybrid system that combines elements of 12
a system described in subparagraph (C) with a sys-13
tem described in subparagraph (A) or (B) to capture 14
gas vented from the barrel to cycle the action; 15
‘‘(E) a blowback-operated system that directly 16
utilizes the expanding gases of the ignited propellant 17
powder acting on the cartridge case to drive the 18
breechblock or breech bolt rearward; or 19
‘‘(F) a recoil-operated system that utilizes the 20
recoil force to unlock the breech bolt and then to 21
complete the cycle of extracting, ejecting, and re-22
loading. 23
‘‘(42) The term ‘large capacity ammunition feeding 24
device’— 25
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‘‘(A) means a magazine, belt, drum, feed strip, 1
helical feeding device, or similar device, including 2
any such device joined or coupled with another in 3
any manner, that— 4
‘‘(i) has an overall capacity of, or that can 5
be readily restored, altered, or converted to ac-6
cept, more than 10 rounds of ammunition; and 7
‘‘(ii) is not permanently fixed; and 8
‘‘(B) does not include any device designed to 9
accept, and capable of operating only with, .22 or 10
less caliber rimfire ammunition.’’. 11
(b) P
ROHIBITIONS.—Section 922 of title 18, United 12
States Code, is amended— 13
(1) by inserting after subsection (u) the fol-14
lowing: 15
‘‘(v)(1) Except as provided in paragraph (2) or (4), 16
it shall be unlawful for any person to import, sell, manu-17
facture, transfer, receive, or possess, in or affecting inter-18
state or foreign commerce, a firearm, device, or combina-19
tion of parts described in subparagraphs (A) through (H), 20
knowing or having reasonable cause to believe that— 21
‘‘(A) the firearm is included on the list of pro-22
hibited gas-operated semi-automatic firearms de-23
scribed in section 935(a); 24
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‘‘(B) the modified non-prohibited firearm, as 1
modified, operates as a firearm included on the list 2
of prohibited gas-operated semi-automatic firearms 3
described in section 935(a); 4
‘‘(C) the combination of parts is designed and 5
functions to modify an otherwise non-prohibited fire-6
arm so that the firearm, as modified, operates as a 7
gas-operated semi-automatic firearm included on the 8
list of prohibited gas-operated semi-automatic fire-9
arms described in section 935(a); 10
‘‘(D) the combination of parts is designed to be 11
assembled into a firearm that operates as a firearm 12
included on the list of prohibited gas-operated semi- 13
automatic firearms described in section 935(a); 14
‘‘(E) the combination of parts functions to 15
produce a gas-operated semi-automatic cycling ac-16
tion that was not lawfully manufactured as part of 17
an approved firearm design described in section 18
935(c); 19
‘‘(F) the manual, power-driven, or electronic de-20
vice is primarily designed, or redesigned, so that if 21
the device is attached to a semi-automatic firearm 22
the device— 23
‘‘(i) materially increases the rate of fire of 24
the firearm; or 25
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‘‘(ii) approximates the action or rate of fire 1
of a machinegun; 2
‘‘(G) the device, part, or combination of parts 3
is designed and functions to materially increase the 4
rate of fire of the semi-automatic firearm by elimi-5
nating the need for the operator of the firearm to 6
make a separate movement for each individual func-7
tion of the trigger; or 8
‘‘(H) the semi-automatic firearm has been 9
modified in any way that— 10
‘‘(i) materially increases the rate of fire of 11
the firearm; or 12
‘‘(ii) approximates the action or rate of fire 13
of a machinegun. 14
‘‘(2) Paragraph (1) shall not apply to— 15
‘‘(A) the importation or manufacture by or for, 16
sale or transfer to, or possession by or under the au-17
thority of, the United States or any department or 18
agency thereof or a State or Tribe, or a department, 19
agency, or political subdivision thereof; 20
‘‘(B) the importation or manufacture for, sale 21
or transfer to, or possession by, a licensee under title 22
I of the Atomic Energy Act of 1954 (42 U.S.C. 23
2011 et seq.) for purposes of establishing and main-24
taining an on-site physical security protection system 25
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and security organization required by Federal law, 1
or the transfer to, or possession by, a contractor of 2
such a licensee on-site for such purposes or off-site 3
for purposes of licensee-authorized training or trans-4
portation of nuclear materials; 5
‘‘(C) the possession of a gas-operated semi- 6
automatic firearm that, before the date of enactment 7
of this subsection, was lawfully— 8
‘‘(i) manufactured; and 9
‘‘(ii) transferred by the manufacturer to 10
another party; or 11
‘‘(D) the transfer of a gas-operated semi-auto-12
matic firearm that is lawfully possessed before the 13
date of enactment of this subsection in accordance 14
with subparagraph (C), in which— 15
‘‘(i) the transferee is an immediate family 16
member of the transferor; 17
‘‘(ii) the transfer occurs after a licensed 18
importer, licensed manufacturer, or licensed 19
dealer has first taken possession of the firearm 20
for the purpose of complying with subsection (t) 21
before such transfer to the immediate family 22
member occurs; and 23
‘‘(iii) upon taking possession of the firearm 24
under clause (ii), the licensee to whom the fire-25
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arm was transferred under clause (ii) complies 1
with all requirements of this chapter as if the 2
licensee were transferring the firearm from the 3
business inventory of the licensee to the unli-4
censed transferee. 5
‘‘(3) Licensed importers and licensed manufacturers 6
shall mark all gas-operated semi-automatic firearms im-7
ported or manufactured under subparagraphs (A) and (B) 8
of paragraph (2) after the date of enactment of this sub-9
section in the manner prescribed by the Attorney General 10
before any transfer under subparagraph (A) or (B) of 11
paragraph (2). 12
‘‘(4) For purposes of this subsection— 13
‘‘(A) the term ‘gas-operated semi-automatic 14
firearm’ does not include— 15
‘‘(i) any firearm designed to accept, and 16
capable of operating only with, .22 caliber rim-17
fire ammunition, provided that such firearm 18
does not have a separate upper and lower re-19
ceiver; 20
‘‘(ii) a rifle that— 21
‘‘(I) is a single-shot rifle; 22
‘‘(II) is a breech loading rifle with a 23
capacity not to exceed 2 rounds of ammu-24
nition; 25
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‘‘(III) is a muzzle-loading rifle or 1
smoothbore shoulder-fired firearm; 2
‘‘(IV) uses a bolt action, lever action, 3
or pump action to cycle the action of the 4
rifle; or 5
‘‘(V) has a permanently fixed maga-6
zine with a capacity not to exceed 10 7
rounds of ammunition that cannot be con-8
verted or changed to accept more than 10 9
rounds of ammunition; 10
‘‘(iii) a shotgun that— 11
‘‘(I) is a single-shot shotgun; 12
‘‘(II) is a breech loading shotgun with 13
a capacity not to exceed 2 rounds of am-14
munition; 15
‘‘(III) is a muzzle-loading shotgun; 16
‘‘(IV) uses a bolt action, lever action, 17
or pump action to cycle the action of the 18
shotgun; 19
‘‘(V) is a semi-automatic or auto-load-20
ing shotgun; or 21
‘‘(VI) has a permanently fixed maga-22
zine with a capacity not to exceed 10 23
rounds of ammunition that cannot be con-24
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verted or changed to accept more than 10 1
rounds of ammunition; 2
‘‘(iv) a breech loading firearm capable of 3
holding a single cartridge and not more than 2 4
shotgun shells simultaneously and that must be 5
reloaded after firing those rounds of ammuni-6
tion; or 7
‘‘(v) a handgun that— 8
‘‘(I) is a single-shot handgun; 9
‘‘(II) is a breech loading handgun 10
with a capacity not to exceed 2 rounds of 11
ammunition; 12
‘‘(III) is a muzzle-loading or 13
smoothbore handgun; 14
‘‘(IV) uses a bolt action to cycle the 15
action of the handgun; 16
‘‘(V) is a single or double action re-17
volver; 18
‘‘(VI) is a single or double action 19
semi-automatic handgun that uses recoil to 20
cycle the action of the handgun; or 21
‘‘(VII) has a permanently fixed maga-22
zine with a capacity not to exceed 15 23
rounds of ammunition that cannot be con-24
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verted or changed to accept more than 15 1
rounds of ammunition; and 2
‘‘(B) the term ‘immediate family member’ 3
means, with respect to a person— 4
‘‘(i) a spouse, parent, brother or sister, or 5
child of that person, or an individual to whom 6
that person stands in loco parentis; or 7
‘‘(ii) any other person living in the house-8
hold of that person and related to that person 9
by blood or marriage. 10
‘‘(w)(1) Except as provided in paragraph (3), it shall 11
be unlawful, on and after the date of enactment of this 12
subsection, for any person to, in or affecting interstate or 13
foreign commerce— 14
‘‘(A) import, sell, manufacture, transfer, or re-15
ceive a large capacity ammunition feeding device; or 16
‘‘(B) possess a large capacity ammunition feed-17
ing device manufactured after the date of enactment 18
of this subsection. 19
‘‘(2) It shall be unlawful for any person who lawfully 20
owns or possesses a large capacity ammunition feeding de-21
vice that was manufactured and purchased or transferred 22
before such date of enactment to transfer, in or affecting 23
interstate or foreign commerce, such device after the date 24
of enactment of this subsection. 25
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‘‘(3) This subsection shall not apply with respect to— 1
‘‘(A) the importation for, manufacture for, sale 2
to, transfer to, or possession by or under the author-3
ity of, the United States or any department or agen-4
cy thereof or a State or Tribe, or a department, 5
agency, or political subdivision thereof; or 6
‘‘(B) the importation or manufacture for, sale 7
or transfer to, or possession by, a licensee under title 8
I of the Atomic Energy Act of 1954 (42 U.S.C. 9
2011 et seq.) for purposes of establishing and main-10
taining an on-site physical security protection system 11
and security organization required by Federal law, 12
or the transfer to, or possession by, a contractor of 13
such a licensee on-site for such purposes or off-site 14
for purposes of licensee-authorized training or trans-15
portation of nuclear materials. 16
‘‘(4) Any licensed importer, licensed manufacturer, or 17
other person in possession of a large capacity ammunition 18
feeding device— 19
‘‘(A) shall mark such large capacity ammuni-20
tion feeding device imported or manufactured under 21
subparagraph (A) or (B) of paragraph (3) after the 22
date of enactment of this subsection in the manner 23
prescribed by the Attorney General before any trans-24
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fer under subparagraph (A) or (B) of paragraph (3); 1
and 2
‘‘(B) may not obliterate or otherwise alter the 3
serial number on such large capacity ammunition 4
feeding device.’’. 5
SEC. 3. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS 6
FOR GAS-OPERATED SEMI-AUTOMATIC FIRE-7
ARMS AND LARGE CAPACITY AMMUNITION 8
FEEDING DEVICES. 9
Section 501(a)(1) of title I of the Omnibus Crime 10
Control and Safe Streets Act of 1968 (34 U.S.C. 11
10152(a)(1)) is amended by adding at the end the fol-12
lowing: 13
‘‘(J) Compensation for surrendered gas-op-14
erated semi-automatic firearms and large ca-15
pacity ammunition feeding devices, as defined 16
in section 921 of title 18, United States Code, 17
under buy-back programs for gas-operated 18
semi-automatic firearms and large capacity am-19
munition feeding devices.’’. 20
SEC. 4. PENALTIES. 21
Section 924(a) of title 18, United States Code, is 22
amended by adding at the end the following: 23
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‘‘(9)(A) Whoever violates subsection (v) or (w) of sec-1
tion 922 shall be fined not more than $5,000, imprisoned 2
not more than 12 months, or both, for each offense. 3
‘‘(B) Whoever, while in possession of a gas-operated 4
semi-automatic firearm in violation of section 922(v), com-5
mits, or attempts to commit, any other Federal offense 6
punishable by imprisonment for a term exceeding 1 year, 7
shall, in addition to the punishment provided for such of-8
fense, be fined not more than $250,000, imprisoned for 9
a term not less than 2 years and not more than 10 years, 10
or both.’’. 11
SEC. 5. PROHIBITED FIREARM DETERMINATIONS. 12
(a) A
MENDMENT.—Chapter 44 of title 18, United 13
States Code, is amended by adding at the end the fol-14
lowing: 15
‘‘§ 935. Prohibited firearm determinations 16
‘‘(a) D
ETERMINATION OF PROHIBITEDFIREARMS.— 17
For purposes of carrying out section 922(v), not later than 18
180 days after the date of enactment of this section, the 19
Attorney General, acting through the Director of the Bu-20
reau of Alcohol, Tobacco, Firearms, and Explosives, shall 21
publish, and update, a list of gas-operated semi-automatic 22
firearms in or affecting interstate or foreign commerce 23
that are subject to the prohibition in section 922(v). 24
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‘‘(b) RESPONSIBILITIES.—In carrying out this sec-1
tion, the Director of the Bureau of Alcohol, Tobacco, Fire-2
arms, and Explosives shall— 3
‘‘(1) review applications and appeals from li-4
censed manufacturers submitted under subsections 5
(c) and (d); 6
‘‘(2) require that each licensed dealer record 7
purchaser acknowledgment of the list published 8
under subsection (a) before any sale of a firearm 9
that is not prohibited under that list; 10
‘‘(3) before removing any gas-operated semi- 11
automatic firearm from the list required under sub-12
section (a), submit to the Attorney General clear 13
and convincing evidence of whether the firearm 14
should be removed from the list; and 15
‘‘(4) advise the Attorney General on carrying 16
out the authority described in subsection (a). 17
‘‘(c) A
PPLICATIONS FORAPPROVAL OFFIREARMDE-18
SIGNS.— 19
‘‘(1) I
N GENERAL.—Any semi-automatic fire-20
arm designed on or after the date of enactment of 21
this section shall be required to have an approval 22
under this subsection prior to the manufacture, in or 23
affecting interstate or foreign commerce, of such 24
firearm for sale to civilians. 25
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‘‘(2) APPLICATION FOR APPROVAL .—A licensed 1
manufacturer may file with the Attorney General an 2
application, under penalty of perjury, for approval 3
for a semi-automatic firearm as not subject to the 4
prohibition under section 922(v), which shall con-5
tain— 6
‘‘(A) a detailed description of the specifica-7
tions and operation of the firearm; 8
‘‘(B) a physical sample of the firearm; 9
‘‘(C) any patent application for the fire-10
arm; 11
‘‘(D) marketing materials and plans; 12
‘‘(E) an explanation of why the firearm 13
should not be subject to the prohibition under 14
section 922(v); 15
‘‘(F) a description of any features that 16
prevent modification of the firearm; and 17
‘‘(G) any other information the Attorney 18
General shall require. 19
‘‘(3) R
EVIEW OF APPLICATION.— 20
‘‘(A) I
N GENERAL.—Not later than 240 21
days after the date on which an application is 22
submitted under paragraph (2), the Attorney 23
General shall review the application and issue a 24
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written determination approving or denying the 1
application. 2
‘‘(B) R
EQUEST FOR INFORMATION .—The 3
Attorney General may request any additional 4
information from the manufacturer necessary to 5
make the determination under subparagraph 6
(A). 7
‘‘(4) F
EES.— 8
‘‘(A) I
N GENERAL.—Not later than 60 9
days after the date of enactment of this section, 10
the Attorney General shall determine the appro-11
priate fee structure for application submissions 12
under this subsection by licensed manufactur-13
ers. 14
‘‘(B) C
ONSIDERATION.—In determining 15
the fee structure required under subparagraph 16
(A), the Attorney General shall ensure that the 17
fees collected are substantial enough to cover 18
the necessary costs associated with carrying out 19
the activities described in subparagraph (A). 20
‘‘(C) F
IREARM SAFETY TRUST FUND .— 21
‘‘(i) E
STABLISHMENT.—There is es-22
tablished in the Treasury of the United 23
States a fund to be known as the ‘Firearm 24
Safety Trust Fund’. 25
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‘‘(ii) DEPOSITS.—Notwithstanding 1
section 3302 of title 31, there shall be de-2
posited in the Firearm Safety Trust 3
Fund— 4
‘‘(I) all taxes collected by the Bu-5
reau of Alcohol, Tobacco, Firearms, 6
and Explosives under subchapter A of 7
chapter 53 of the Internal Revenue 8
Code of 1986; and 9
‘‘(II) any fees collected under 10
this paragraph. 11
‘‘(iii) A
VAILABILITY OF AMOUNTS .— 12
All amounts deposited in the Firearm 13
Safety Trust Fund shall— 14
‘‘(I) be deposited as offsetting 15
collections into the Firearm Safety 16
Trust Fund for use by the Attorney 17
General in carrying out the require-18
ments of the GOSAFE Act and the 19
National Firearms Act (26 U.S.C. 20
5849 et seq.); and 21
‘‘(II) remain available until ex-22
pended. 23
‘‘(d) A
PPEALS.— 24
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‘‘(1) IN GENERAL.—Not later than 90 days 1
after the date on which the Attorney General denies 2
an application under subsection (c)(3), the licensed 3
manufacturer may appeal the determination by filing 4
an appeal with the Attorney General. 5
‘‘(2) R
EVIEW BY ATTORNEY GENERAL .—Not 6
later than 180 days after the date on which an ap-7
peal is filed under paragraph (1), the Attorney Gen-8
eral shall issue a written determination upholding or 9
revising the denial of the application. 10
‘‘(3) J
UDICIAL REVIEW.— 11
‘‘(A) I
N GENERAL.—Upon a determination 12
by the Attorney General to uphold the denial of 13
an application under paragraph (2), the li-14
censed manufacturer may file a petition for re-15
view of the determination in the appropriate 16
district court of the United States. 17
‘‘(B) S
TANDARD OF PROOF .—In a review 18
conducted under subparagraph (A), the court 19
may set aside the determination if the deter-20
mination is found to be arbitrary and capri-21
cious. 22
‘‘(e) P
RIVATERIGHT OFACTION.— 23
‘‘(1) I
N GENERAL.—If the Attorney General, 24
acting through the Director of the Bureau of Alco-25
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hol, Tobacco, Firearms, and Explosives, removes any 1
gas-operated semi-automatic firearm from the list of 2
gas-operated semi-automatic firearms required under 3
subsection (a), any person may file an action in an 4
appropriate district court of the United States for 5
review of such removal. 6
‘‘(2) S
TANDARD OF PROOF .—In a review con-7
ducted under paragraph (1), the court may grant 8
the petitioner injunctive relief if the determination is 9
found to be arbitrary and capricious. 10
‘‘(f) A
UTHORIZATION OF APPROPRIATIONS.—There 11
are authorized to be appropriated such sums as may be 12
necessary to carry out this section, and any amounts so 13
appropriated shall remain available until expended.’’. 14
(b) T
ABLE OFSECTIONS.—The table of sections for 15
chapter 44 of title 18, United States Code, is amended 16
by inserting after the item relating to section 934 the fol-17
lowing: 18
‘‘935. Prohibited firearm determinations.’’.
Æ
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