The "Gas-Operated Semi-Automatic Firearms Exclusion Act" restricts the sale, manufacture, and possession of certain gas-operated semi-automatic firearms and large capacity ammunition feeding devices, while also providing a buy-back program and establishing penalties for violations.
Lucy McBath
Representative
GA-6
The Gas-Operated Semi-Automatic Firearms Exclusion (GOSAFE) Act restricts the import, sale, manufacture, transfer, and possession of certain gas-operated semi-automatic firearms and large capacity ammunition feeding devices, while providing exceptions for governmental use, certain pre-existing firearms, and transfers to immediate family members. The bill also allows Byrne grants to be used for buy-back programs for these firearms and devices, and establishes penalties for violations, as well as a process for determining which firearms are prohibited, including manufacturer applications and judicial review. Finally, the bill establishes a "Firearm Safety Trust Fund" in the Treasury, using taxes collected by the ATF to fund the requirements of this act.
GOSAFE Act Targets Gas-Operated Semi-Automatics: Proposes Federal Ban, Buybacks, and ATF List
This bill, the Gas-Operated Semi-Automatic Firearms Exclusion Act (GOSAFE Act), aims to significantly restrict certain types of firearms and accessories. It proposes a federal ban on the future import, sale, manufacture, transfer, receipt, or possession of newly defined 'gas-operated semi-automatic firearms' and 'large capacity ammunition feeding devices' – essentially magazines or similar devices holding more than 10 rounds (excluding .22 rimfire). The core idea is to regulate firearms that use the gas from a fired cartridge to cycle the action and reload.
What's On the Chopping Block?
The bill defines 'gas-operated' broadly, covering various systems like direct impingement and piston-driven mechanisms commonly found in modern rifles (Section 2). It also targets parts or kits designed to build these firearms or modifications that substantially increase a semi-automatic firearm's rate of fire or mimic automatic fire. However, there are key exemptions. Firearms lawfully owned before the bill's enactment could generally be kept, though future transfers might be restricted, potentially allowing transfers only to immediate family members through a licensed dealer following specific procedures. The ban also wouldn't apply to government agencies or certain security personnel, nor to specific types of firearms like most pump-action, bolt-action, lever-action firearms, many traditional hunting rifles and shotguns, certain .22 caliber rimfire guns, and handguns using recoil operation with magazines holding 15 or fewer rounds.
The ATF's New To-Do List
A major component involves the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Within 180 days, the ATF Director would need to publish and maintain a list of specific firearm models deemed prohibited under the 'gas-operated' definition (Section 5). Going forward, any new semi-automatic firearm design intended for civilian sale would require ATF approval before manufacturing can begin. Manufacturers would need to submit detailed applications, specifications, and potentially marketing plans, explaining why their design shouldn't be prohibited. There's an appeal process if an application is denied, ultimately allowing for court challenges.
Funding Buybacks and Stiffer Penalties
The legislation seeks to encourage turning in these firearms. It amends the existing Byrne JAG grant program, allowing federal funds to be used by state and local governments to run buy-back programs, compensating individuals who voluntarily surrender the newly restricted firearms and large capacity magazines (Section 3). Violating the new restrictions on possessing or transferring these firearms or devices could lead to fines up to $5,000 and/or up to 12 months in prison per offense (Section 4). Furthermore, possessing a prohibited gas-operated firearm while committing or attempting another serious federal crime could add an extra 2 to 10 years of prison time.