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

The Gas-Operated Semi-Automatic Firearms Exclusion Act, or GOSAFE Act, is a massive piece of legislation that essentially draws a line in the sand regarding the future sale and manufacture of a large category of firearms and accessories. The bill bans the future import, sale, manufacture, transfer, receipt, and possession of specific gas-operated semi-automatic firearms and any large capacity ammunition feeding device capable of holding more than 10 rounds (Sec. 2). This means that if you’re looking to buy a new rifle or pistol that falls under this gas-operated definition—which covers many common modern sporting rifles—after this law is enacted, you’re out of luck. Crucially, it also bans the manufacture and sale of new magazines over 10 rounds, except for .22 caliber rimfire.

The Grandfather Clause and the Catch

If you already own a gas-operated semi-automatic firearm, the good news is that the bill generally grandfathers your existing ownership (Sec. 2). You can keep it. The bad news is what happens if you want to transfer it. If you want to transfer that lawfully owned firearm to an immediate family member—a spouse, parent, sibling, or child—that transfer must be processed through a licensed dealer, who must take temporary possession to handle the paperwork. This adds friction and cost to what used to be a simple private transfer among family, significantly limiting the future value and transferability of that property.

The ATF’s New Approval Process: Centralizing Power

Section 5 of the GOSAFE Act creates a huge new regulatory job for the Attorney General and the ATF Director: maintaining a list of banned gas-operated semi-automatic firearms. They have 180 days to publish the initial list. This is where things get complicated for manufacturers. If a licensed manufacturer wants to introduce a new semi-automatic firearm design after this law passes, they must first submit a detailed application, including a physical sample, to the Attorney General for approval that it is not subject to the ban. The AG has 240 days to review it (Sec. 5). This process is funded by a new Firearm Safety Trust Fund, which will collect application fees set high enough to cover the costs of running this entire review system. For small manufacturers, those mandatory fees could be a huge barrier to bringing new products to market, effectively centralizing design control in Washington.

Real-World Penalties and State Buy-Backs

If you are caught violating the prohibition on these firearms or parts, you face up to a $5,000 fine and up to 12 months in jail for each offense (Sec. 4). However, the penalties escalate sharply if you possess a banned gas-operated semi-automatic firearm illegally and commit another federal felony that carries a prison term of over a year. In that case, you face an additional mandatory sentence of 2 to 10 years in prison, plus up to a $250,000 fine (Sec. 4). This sentencing enhancement means a technical violation of the possession ban could dramatically increase the time served for an unrelated crime.

On a different note, the bill also allows states to use federal Byrne grant money—funds typically used for local law enforcement and crime prevention—to fund voluntary buy-back programs for these newly defined banned firearms and large capacity magazines (Sec. 3). This is a direct incentive for states to use federal dollars to remove these specific items from circulation, providing a mechanism for existing owners to get compensation if they choose to surrender their grandfathered property.