PolicyBrief
S. 1370
119th CongressApr 9th 2025
Gas-Operated Semi-Automatic Firearms Exclusion Act
IN COMMITTEE

The "Gas-Operated Semi-Automatic Firearms Exclusion Act" prohibits the import, sale, manufacture, transfer, receipt, or possession of certain gas-operated semi-automatic firearms and large capacity ammunition feeding devices, while providing exceptions for governmental and security purposes, and establishes a process for determining prohibited firearms and a buy-back program.

Martin Heinrich
D

Martin Heinrich

Senator

NM

LEGISLATION

GOSAFE Act Targets Gas-Operated Semi-Autos and >10-Round Mags, Establishes New ATF Approval System

This bill, officially the "Gas-Operated Semi-Automatic Firearms Exclusion Act" or GOSAFE Act, aims to significantly restrict certain types of firearms and accessories. It proposes a federal ban on the future import, sale, manufacture, transfer, 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 (with an exception for .22 rimfire).

What's On the Chopping Block (and What Isn't)?

The core of the bill (Sec. 2) focuses on firearms that use expanding gas from a fired cartridge to cycle the action – think many modern semi-automatic rifles. The specifics of which firearms are banned will rely on a list published by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) within 180 days of enactment (Sec. 5). The ban also extends to magazines holding over 10 rounds (or 15 for certain handguns with fixed magazines).

Importantly, the bill includes exceptions. Firearms lawfully owned before the law takes effect could generally be kept (grandfathered). Transfers to immediate family members would still be allowed but must go through a licensed dealer following all standard procedures. Government agencies and certain security personnel are also exempt. The bill explicitly excludes many common firearm types like bolt-action, pump-action, lever-action rifles and shotguns, revolvers, most recoil-operated semi-automatic handguns, and firearms using only .22 rimfire ammo (Sec. 2).

The ATF Becomes the Gatekeeper

A major shift introduced by this bill (Sec. 5) is a new pre-approval process for any semi-automatic firearm designed after enactment intended for civilian sale. Manufacturers would need to submit detailed applications, including specs and marketing plans, for ATF review. The ATF would have 240 days to approve or deny, based on whether the firearm meets the criteria for prohibition. This process involves fees paid by manufacturers, which would fund a new "Firearm Safety Trust Fund" alongside existing firearm taxes. Denials can be appealed, first to the Attorney General and then potentially through the courts. This section essentially positions the ATF as a gatekeeper for future semi-automatic firearm designs reaching the civilian market.

Buybacks and Beefed-Up Penalties

The bill also touches on existing programs and enforcement. It amends the Byrne JAG grant program (Sec. 3) to explicitly allow funds to be used for state and local buy-back programs targeting the firearms and magazines restricted by this act. Penalties for violating the new prohibitions (Sec. 4) include fines up to $5,000 and/or up to 12 months imprisonment per offense. Using a prohibited firearm during another serious federal crime could add 2 to 10 years to the sentence. For current owners, while possession of pre-ban firearms is generally allowed, the restrictions on transfer and the creation of the ATF's prohibited list could create complexities down the line.