PolicyBrief
H.R. 2790
119th CongressApr 9th 2025
Gas-Operated Semi-Automatic Firearms Exclusion Act
IN COMMITTEE

The Gas-Operated Semi-Automatic Firearms Exclusion (GOSAFE) Act prohibits the manufacture, sale, and possession of certain gas-operated semi-automatic firearms and large-capacity ammunition feeding devices, while establishing a formal process for firearm determinations and funding buy-back programs.

Lucy McBath
D

Lucy McBath

Representative

GA-6

LEGISLATION

GOSAFE Act Bans Future Sales of Gas-Operated Semi-Automatics and Magazines Over 10 Rounds

This legislation, dubbed the Gas-Operated Semi-Automatic Firearms Exclusion Act (GOSAFE Act), is a major overhaul of federal firearms law. Simply put, it defines and bans the future sale, manufacture, transfer, and possession of specific gas-operated semi-automatic firearms and most ammunition feeding devices (magazines) that hold more than 10 rounds. This isn't about making machine guns illegal—those are already heavily regulated—but about restricting a specific mechanism used in many popular civilian rifles and shotguns. The bill adds new definitions to the U.S. Code, focusing on how the firearm cycles the action using gas pressure, and sets up a complex new regulatory system under the Attorney General.

The Ban: What’s Off the Table Now?

Section 2 of the GOSAFE Act is where the rubber meets the road. First, it bans the future manufacture, import, sale, or transfer of any gas-operated semi-automatic firearm that falls onto a new prohibited list. This ban also extends to parts designed to convert a legal gun into a prohibited one. Second, it bans Large Capacity Ammunition Feeding Devices—meaning any magazine, drum, or belt that holds more than 10 rounds. The one exception is for devices made exclusively for .22 caliber rimfire ammunition. If you currently own a firearm or a magazine that fits these descriptions and you lawfully acquired it before this law is enacted, you are generally allowed to keep it. This is a crucial detail for current owners: the prohibition is focused on future transactions and possession of newly manufactured items.

The Catch: What Happens When You Move?

If you own one of these now-prohibited firearms, Section 2 introduces a massive restriction on what you can do with it later. You can only transfer that firearm to an immediate family member (spouse, parent, child, etc.). Even then, the transfer must be handled by a licensed dealer (FFL) to ensure it complies with federal rules. For regular people, this means your firearm has just become a legacy item—you can’t sell it to a collector or a friend, trade it in to a gun store, or even give it away to a cousin or uncle. This severely limits the resale value and transferability of lawfully owned property, forcing current owners into a very narrow set of options.

The ATF’s New Power and the Manufacturer’s Headache

Section 5 fundamentally changes how new firearms are brought to market. The Attorney General, through the ATF Director, is required to create and maintain an official list of banned gas-operated semi-automatic firearms. For manufacturers, designing a new semi-automatic firearm after this law passes becomes a bureaucratic obstacle course. They must submit a detailed application, including a physical sample of the gun, to the Attorney General, essentially proving that the new design shouldn’t be banned under the new rules. The review process can take up to 240 days, and the manufacturer has to pay a fee high enough to cover the government’s full review cost. This creates a significant barrier to innovation and market entry, especially for smaller manufacturers, and centralizes enormous regulatory power in the hands of the ATF Director to decide what guns are legal to sell.

Penalties and the Buy-Back Option

If you violate the new prohibitions—say, by manufacturing or selling a newly banned firearm or magazine—Section 4 outlines stiff penalties: up to a $5,000 fine, 12 months in jail, or both, for each offense. The penalties get much worse if you are caught illegally possessing one of these banned firearms while committing or attempting to commit another federal crime that carries a prison sentence over a year. In that case, you face an additional, mandatory minimum prison sentence of at least two years and up to ten years, plus a potential $250,000 fine. On a separate note, Section 3 allows states to use federal Byrne grant money—funds typically used for law enforcement and crime reduction—to run voluntary gun and magazine buy-back programs, offering a financial incentive for current owners to surrender these items.