GOSAFE Act
- Sponsor
- Sen. Heinrich, Martin [D-NM]
- Committees
- Finance Committee (primary)
- Last action
- Apr 9, 2025
Bottom line
This bill seeks to significantly regulate semi-automatic firearms and high-capacity magazines by prohibiting their general civilian possession and establishing a federal approval process for new firearm designs, aiming to reduce gun violence.
What it actually does
The bill amends Title 18, United States Code, to restrict the import, sale, manufacture, transfer, receipt, and possession of certain "gas-operated semi-automatic firearms" and "large capacity ammunition feeding devices." It establishes detailed definitions for these terms, outlines specific exceptions for government entities and existing firearms (with transfer restrictions), and creates a federal process for the Attorney General to determine and approve firearm designs. The bill also authorizes federal grants for voluntary buy-back programs and sets criminal penalties for violations.
Proponents argue
Proponents argue this bill is a crucial step to reduce gun violence by limiting access to firearms and accessories commonly used in mass shootings, thereby enhancing public safety by restricting weapons designed for rapid, widespread harm. They emphasize the need for modernizing gun laws to address the capabilities of contemporary firearms and believe the buy-back program offers a responsible path for current owners while reducing the overall number of these weapons in circulation.
Opponents contend
Opponents contend that the bill infringes upon Second Amendment rights by banning commonly owned firearms and accessories, arguing it would disarm law-abiding citizens without effectively deterring criminals. They believe the definitions are overly broad, potentially criminalizing many existing firearms, and that such restrictions would not enhance safety but rather burden responsible gun owners and create an arbitrary regulatory regime.
The bill is moderately detailed, requiring careful reading to understand the technical definitions and numerous exceptions, which may be challenging for a casual reader given its technical nature.
Section 1
Short Title
This section establishes the official short title of the Act as the "Gas-Operated Semi-Automatic Firearms Exclusion Act" or the "GOSAFE Act." This provides a common, easily referencable name for the legislation, indicating its primary focus on regulating certain types of firearms.
Supporters argue
A clear and concise title helps in public discourse and legislative tracking, making the bill's intent immediately recognizable and facilitating discussion.
Critics contend
No specific opposition is typically raised against the short title itself, though the acronym "GOSAFE" may be seen as a political branding effort by opponents of the bill's underlying substance.
Tradeoffs
None inherent in the title itself, beyond the political implications of its chosen name and its framing of the bill's purpose.
Section 2(a), amending 18 U.S.C. 921(a)
New Definitions for Firearms and Devices
This section adds new definitions to federal law, including "semi-automatic firearm," "cycle the action," "gas-operated" (with detailed sub-categories like long stroke piston, short stroke piston, direct impingement, hybrid, blowback, and recoil-operated systems), and "large capacity ammunition feeding device" (over 10 rounds, not permanently fixed, with an exception for .22 rimfire). These definitions are central to determining which firearms and accessories are subject to the bill's prohibitions.
Section 2(b)(1), inserting new 18 U.S.C. 922(v)(1)
Prohibition on Prohibited Firearms and Rate-of-Fire Devices
This section makes it unlawful to import, sell, manufacture, transfer, receive, or possess certain firearms, devices, or combinations of parts. Specifically, it prohibits firearms included on a list to be published by the Attorney General, modified non-prohibited firearms that operate as prohibited ones, parts designed to modify firearms into prohibited ones, parts designed to assemble into prohibited firearms, parts that produce an unapproved gas-operated semi-automatic cycling action, and devices that materially increase a semi-automatic firearm's rate of fire or approximate a machinegun's action.
Section 2(b)(1), inserting new 18 U.S.C. 922(v)(2) and (4)
Exemptions for Government, Security, and Specific Firearm Types
This section outlines exceptions to the general prohibition, exempting government entities (federal, state, tribal) and nuclear security licensees. It grandfathers in possession of lawfully manufactured and transferred gas-operated semi-automatic firearms before the enactment date, allowing transfers only to immediate family members through a licensed dealer background check process. It also explicitly excludes certain types of firearms from the "gas-operated semi-automatic firearm" definition, including most .22 rimfire firearms without separate receivers, various single-shot, breech-loading (2-round capacity), muzzle-loading, bolt-action, lever-action, and pump-action rifles and shotguns, certain semi-automatic handguns that use recoil to cycle the action, and firearms with permanently fixed magazines below specified capacities.
Section 2(b)(1), inserting new 18 U.S.C. 922(w)
Prohibition on Large Capacity Ammunition Feeding Devices
This section makes it unlawful to import, sell, manufacture, transfer, or receive a large capacity ammunition feeding device (defined as over 10 rounds, not permanently fixed, excluding .22 rimfire) manufactured after the date of enactment. It also prohibits possession of such devices manufactured after enactment. For devices lawfully owned or possessed before enactment, transfer is prohibited. Exceptions exist for government entities and nuclear security licensees.
Section 3, amending 34 U.S.C. 10152(a)(1)
Funding for Firearm and Magazine Buy-Back Programs
This section amends the Omnibus Crime Control and Safe Streets Act of 1968 to include "Compensation for surrendered gas-operated semi-automatic firearms and large capacity ammunition feeding devices" under the authorized uses for Edward Byrne Memorial Justice Assistance Grants (Byrne JAG). This allows states and local governments to use federal grant money to fund voluntary buy-back programs for the newly prohibited firearms and magazines.
Section 4, amending 18 U.S.C. 924(a)
Penalties for Prohibited Firearm and Device Violations
This section establishes penalties for violating the prohibitions in new sections 922(v) (prohibited firearms) and 922(w) (large capacity ammunition feeding devices). A violation carries a fine of up to $5,000, imprisonment for up to 12 months, or both, for each offense. Additionally, if a person commits or attempts to commit another federal offense punishable by over 1 year imprisonment while in possession of a gas-operated semi-automatic firearm in violation of 922(v), they face an additional fine of up to $250,000 and imprisonment for 2 to 10 years.
Section 5, inserting new 18 U.S.C. 935
Attorney General's Role in Prohibited Firearm List and New Design Approvals
This section mandates the Attorney General, through the ATF Director, to publish and update a list of prohibited gas-operated semi-automatic firearms within 180 days of enactment. It also establishes a process for licensed manufacturers to apply for approval of new semi-automatic firearm designs, requiring detailed specifications, physical samples, and marketing plans. The ATF Director must review applications within 240 days. Fees for applications will be determined by the Attorney General to cover costs and deposited into a new "Firearm Safety Trust Fund," which also receives taxes from the National Firearms Act. The section also outlines an appeal process for denied applications, including judicial review under an "arbitrary and capricious" standard, and a private right of action for review of firearms removed from the prohibited list.
Defines "immediate family member" for the purpose of transferring grandfathered gas-operated semi-automatic firearms. It includes spouse, parent, brother or sister, child, or individual in loco parentis, as well as any other person living in the household related by blood or marriage.
Section 2(b)(1), inserting new 18 U.S.C. 922(v)(4)(B)
Why it matters:This is standard legislative practice to define terms used in exceptions, but its specific scope is crucial for understanding who can legally inherit or receive grandfathered firearms, impacting generational transfers of property.
Case for: This definition provides clarity and limits the scope of transfers for grandfathered firearms to close family, preventing a broader secondary market while acknowledging familial relationships and allowing for limited inheritance.
Case against: Critics might argue that this definition is still too restrictive, preventing transfers to other trusted individuals or through sales, thereby diminishing the value of the grandfathered property and limiting owners' options.
Estimated impact: Limits the long-term circulation of grandfathered firearms to a narrower pool of individuals, contributing to their eventual reduction in civilian hands.
Establishes a "Firearm Safety Trust Fund" in the U.S. Treasury. This fund will receive all taxes collected under subchapter A of chapter 53 of the Internal Revenue Code of 1986 (National Firearms Act taxes) and any fees collected from firearm design applications. Amounts in the fund are offsetting collections for the Attorney General to carry out the GOSAFE Act and the National Firearms Act, remaining available until expended.
Section 5(c)(4)(C), inserting new 18 U.S.C. 935(c)(4)(C)
Why it matters:While a significant funding mechanism, its placement within a technical subsection about application fees can obscure its broader implications for federal funding and regulatory power.
Case for: Proponents would argue this provides a dedicated, self-sustaining funding source for the critical regulatory and enforcement activities mandated by the bill, ensuring that the ATF has the resources to implement the law effectively without relying solely on general appropriations.
Case against: Opponents might argue that diverting NFA tax revenue and adding new fees to this fund creates a financial incentive for the government to expand firearm regulation, and that it centralizes too much financial power related to firearms within the Attorney General's office, potentially without sufficient congressional oversight.
Estimated impact: Creates a potentially substantial and permanent funding stream for federal firearm regulation and enforcement, shifting costs to manufacturers and NFA taxpayers.