119-s1370

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1370 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1370

 To amend title 18, United States Code, to restrict the possession of 
 certain firearms, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 9, 2025

Mr. Heinrich (for himself, Mr. King, Mr. Kelly, Mr. Bennet, Mr. Kaine, 
 Ms. Duckworth, Mr. Whitehouse, Mrs. Shaheen, Mr. Padilla, Mr. Van 
 Hollen, Mr. Fetterman, Mr. Markey, Mr. Wyden, and Ms. Hirono) 
introduced the following bill; which was read twice and referred to the 
 Committee on Finance

_______________________________________________________________________

 A BILL

 To amend title 18, United States Code, to restrict the possession of 
 certain firearms, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Gas-Operated Semi-Automatic Firearms 
Exclusion Act'' or the ``GOSAFE Act''.

SEC. 2. RESTRICTIONS.

    (a) 

=== Definitions. ===
-

Section 921

    (a) of title 18, United States Code, 
is amended by adding at the end the following:
 ``

    (39) The term `semi-automatic firearm' means any firearm that--
 ``
        (A) upon initiating the firing sequence, fires the first 
 chambered cartridge and uses a portion of the energy of the 
 firing cartridge to--
 ``
            (i) extract the expended cartridge case;
 ``
            (ii) chamber the next round; and
 ``
            (iii) prepare the firing mechanism to fire again;
 ``
        (B) requires a separate pull, release, push, or 
 initiation of the trigger to fire each cartridge; and
 ``
            (C) is not a machinegun.
 ``

    (40) The term `cycle the action', with respect to a firearm, 
means to extract the fired cartridge case, chamber the next cartridge, 
and prepare the firing mechanism to fire again.
 ``

    (41) The term `gas-operated', with respect to a semi-automatic 
firearm, means any firearm that harnesses or traps a portion of the 
high-pressure gas from a fired cartridge to cycle the action using--
 ``
        (A) a long stroke piston, where gas is vented from the 
 barrel to a piston that is mechanically fixed to the bolt group 
 and moves to cycle the action;
 ``
        (B) a short stroke piston, where gas is vented from the 
 barrel to a piston that moves separately from the bolt group so 
 that the energy is imparted through a gas piston to cycle the 
 action;
 ``
            (C) a system that traps and vents gas from either the 
 barrel or the chamber to directly strike or impinge the bolt, 
 bolt carrier, or slide assembly, to unlock and cycle the 
 action;
 ``
            (D) a hybrid system that combines elements of a system 
 described in subparagraph
            (C) with a system described in 
 subparagraph
        (A) or
        (B) to capture gas vented from the barrel 
 to cycle the action;
 ``
        (E) a blowback-operated system that directly utilizes the 
 expanding gases of the ignited propellant powder acting on the 
 cartridge case to drive the breechblock or breech bolt 
 rearward; or
 ``
        (F) a recoil-operated system that utilizes the recoil 
 force to unlock the breech bolt and then to complete the cycle 
 of extracting, ejecting, and reloading.
 ``

    (42) The term `large capacity ammunition feeding device'--
 ``
        (A) means a magazine, belt, drum, feed strip, helical 
 feeding device, or similar device, including any such device 
 joined or coupled with another in any manner, that--
 ``
            (i) has an overall capacity of, or that can be 
 readily restored, altered, or converted to accept, more 
 than 10 rounds of ammunition; and
 ``
            (ii) is not permanently fixed; and
 ``
        (B) does not include any device designed to accept, and 
 capable of operating only with, .22 or less caliber rimfire 
 ammunition.''.

    (b) Prohibitions.--

Section 922 of title 18, United States Code, is 
amended--

    (1) by inserting after subsection

    (u) the following:
 ``
            (v) (1) Except as provided in paragraph

    (2) or

    (4) , it shall be 
unlawful for any person to import, sell, manufacture, transfer, 
receive, or possess, in or affecting interstate or foreign commerce, a 
firearm, device, or combination of parts described in subparagraphs
        (A) through
        (H) , knowing or having reasonable cause to believe that--
 ``
        (A) the firearm is included on the list of prohibited 
 gas-operated semi-automatic firearms described in 

section 935

    (a) ;
 ``
        (B) the modified non-prohibited firearm, as modified, 
 operates as a firearm included on the list of prohibited gas-
 operated semi-automatic firearms described in 

section 935

    (a) ;
 ``
            (C) the combination of parts is designed and functions to 
 modify an otherwise non-prohibited firearm so that the firearm, 
 as modified, operates as a gas-operated semi-automatic firearm 
 included on the list of prohibited gas-operated semi-automatic 
 firearms described in 

section 935

    (a) ;
 ``
            (D) the combination of parts is designed to be assembled 
 into a firearm that operates as a firearm included on the list 
 of prohibited gas-operated semi-automatic firearms described in 
 

section 935

    (a) ;
 ``
        (E) the combination of parts functions to produce a gas-
 operated semi-automatic cycling action that was not lawfully 
 manufactured as part of an approved firearm design described in 
 

section 935
            (c) ;
 ``
        (F) the manual, power-driven, or electronic device is 
 primarily designed, or redesigned, so that if the device is 
 attached to a semi-automatic firearm the device--
 ``
            (i) materially increases the rate of fire of the 
 firearm; or
 ``
            (ii) approximates the action or rate of fire of a 
 machinegun;
 ``
        (G) the device, part, or combination of parts is designed 
 and functions to materially increase the rate of fire of the 
 semi-automatic firearm by eliminating the need for the operator 
 of the firearm to make a separate movement for each individual 
 function of the trigger; or
 ``
        (H) the semi-automatic firearm has been modified in any 
 way that--
 ``
            (i) materially increases the rate of fire of the 
 firearm; or
 ``
            (ii) approximates the action or rate of fire of a 
 machinegun.
 ``

    (2) Paragraph

    (1) shall not apply to--
 ``
        (A) the importation or manufacture by or for, sale or 
 transfer to, or possession by or under the authority of, the 
 United States or any department or agency thereof or a State or 
 Tribe, or a department, agency, or political subdivision 
 thereof;
 ``
        (B) the importation or manufacture for, sale or transfer 
 to, or possession by, a licensee under title I of the Atomic 
 Energy Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of 
 establishing and maintaining an on-site physical security 
 protection system and security organization required by Federal 
 law, or the transfer to, or possession by, a contractor of such 
 a licensee on-site for such purposes or off-site for purposes 
 of licensee-authorized training or transportation of nuclear 
 materials;
 ``
            (C) the possession of a gas-operated semi-automatic 
 firearm that, before the date of enactment of this subsection, 
 was lawfully--
 ``
            (i) manufactured; and
 ``
            (ii) transferred by the manufacturer to another 
 party; or
 ``
            (D) the transfer of a gas-operated semi-automatic firearm 
 that is lawfully possessed before the date of enactment of this 
 subsection in accordance with subparagraph
            (C) , in which--
 ``
            (i) the transferee is an immediate family member 
 of the transferor;
 ``
            (ii) the transfer occurs after a licensed 
 importer, licensed manufacturer, or licensed dealer has 
 first taken possession of the firearm for the purpose 
 of complying with subsection

    (t) before such transfer 
 to the immediate family member occurs; and
 ``
            (iii) upon taking possession of the firearm under 
 clause
            (ii) , the licensee to whom the firearm was 
 transferred under clause
            (ii) complies with all 
 requirements of this chapter as if the licensee were 
 transferring the firearm from the business inventory of 
 the licensee to the unlicensed transferee.
 ``

    (3) Licensed importers and licensed manufacturers shall mark all 
gas-operated semi-automatic firearms imported or manufactured under 
subparagraphs
        (A) and
        (B) of paragraph

    (2) after the date of enactment 
of this subsection in the manner prescribed by the Attorney General 
before any transfer under subparagraph
        (A) or
        (B) of paragraph

    (2) .
 ``

    (4) For purposes of this subsection--
 ``
        (A) the term `gas-operated semi-automatic firearm' does 
 not include--
 ``
            (i) any firearm designed to accept, and capable 
 of operating only with, .22 caliber rimfire ammunition, 
 provided that such firearm does not have a separate 
 upper and lower receiver;
 ``
            (ii) a rifle that--
 ``
            (I) is a single-shot rifle;
 ``
            (II) is a breech loading rifle with a 
 capacity not to exceed 2 rounds of ammunition;
 ``
            (III) is a muzzle-loading rifle or 
 smoothbore shoulder-fired firearm;
 ``
            (IV) uses a bolt action, lever action, or 
 pump action to cycle the action of the rifle; 
 or
 ``
            (V) has a permanently fixed magazine with 
 a capacity not to exceed 10 rounds of 
 ammunition that cannot be converted or changed 
 to accept more than 10 rounds of ammunition;
 ``
            (iii) a shotgun that--
 ``
            (I) is a single-shot shotgun;
 ``
            (II) is a breech loading shotgun with a 
 capacity not to exceed 2 rounds of ammunition;
 ``
            (III) is a muzzle-loading shotgun;
 ``
            (IV) uses a bolt action, lever action, or 
 pump action to cycle the action of the shotgun;
 ``
            (V) is a semi-automatic or auto-loading 
 shotgun; or
 ``
            (VI) has a permanently fixed magazine 
 with a capacity not to exceed 10 rounds of 
 ammunition that cannot be converted or changed 
 to accept more than 10 rounds of ammunition;
 ``
            (iv) a breech loading firearm capable of holding 
 a single cartridge and not more than 2 shotgun shells 
 simultaneously and that must be reloaded after firing 
 those rounds of ammunition; or
 ``
            (v) a handgun that--
 ``
            (I) is a single-shot handgun;
 ``
            (II) is a breech loading handgun with a 
 capacity not to exceed 2 rounds of ammunition;
 ``
            (III) is a muzzle-loading or smoothbore 
 handgun;
 ``
            (IV) uses a bolt action to cycle the 
 action of the handgun;
 ``
            (V) is a single or double action 
 revolver;
 ``
            (VI) is a single or double action semi-
 automatic handgun that uses recoil to cycle the 
 action of the handgun; or
 ``
            (VII) has a permanently fixed magazine 
 with a capacity not to exceed 15 rounds of 
 ammunition that cannot be converted or changed 
 to accept more than 15 rounds of ammunition; 
 and
 ``
        (B) the term `immediate family member' means, with 
 respect to a person--
 ``
            (i) a spouse, parent, brother or sister, or child 
 of that person, or an individual to whom that person 
 stands in loco parentis; or
 ``
            (ii) any other person living in the household of 
 that person and related to that person by blood or 
 marriage.
 ``

    (w)

    (1) Except as provided in paragraph

    (3) , it shall be unlawful, 
on and after the date of enactment of this subsection, for any person 
to, in or affecting interstate or foreign commerce--
 ``
        (A) import, sell, manufacture, transfer, or receive a 
 large capacity ammunition feeding device; or
 ``
        (B) possess a large capacity ammunition feeding device 
 manufactured after the date of enactment of this subsection.
 ``

    (2) It shall be unlawful for any person who lawfully owns or 
possesses a large capacity ammunition feeding device that was 
manufactured and purchased or transferred before such date of enactment 
to transfer, in or affecting interstate or foreign commerce, such 
device after the date of enactment of this subsection.
 ``

    (3) This subsection shall not apply with respect to--
 ``
        (A) the importation for, manufacture for, sale to, 
 transfer to, or possession by or under the authority of, the 
 United States or any department or agency thereof or a State or 
 Tribe, or a department, agency, or political subdivision 
 thereof; or
 ``
        (B) the importation or manufacture for, sale or transfer 
 to, or possession by, a licensee under title I of the Atomic 
 Energy Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of 
 establishing and maintaining an on-site physical security 
 protection system and security organization required by Federal 
 law, or the transfer to, or possession by, a contractor of such 
 a licensee on-site for such purposes or off-site for purposes 
 of licensee-authorized training or transportation of nuclear 
 materials.
 ``

    (4) Any licensed importer, licensed manufacturer, or other person 
in possession of a large capacity ammunition feeding device--
 ``
        (A) shall mark such large capacity ammunition feeding 
 device imported or manufactured under subparagraph
        (A) or
        (B) of paragraph

    (3) after the date of enactment of this subsection 
 in the manner prescribed by the Attorney General before any 
 transfer under subparagraph
        (A) or
        (B) of paragraph

    (3) ; and
 ``
        (B) may not obliterate or otherwise alter the serial 
 number on such large capacity ammunition feeding device.''.

SEC. 3. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR GAS-OPERATED 
 SEMI-AUTOMATIC FIREARMS AND LARGE CAPACITY AMMUNITION 
 FEEDING DEVICES.

 

Section 501

    (a)

    (1) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10152

    (a)

    (1) ) is amended by adding at the 
end the following:
 ``
        (J) Compensation for surrendered gas-operated 
 semi-automatic firearms and large capacity ammunition 
 feeding devices, as defined in 

section 921 of title 18, 
 United States Code, under buy-back programs for gas-
 operated semi-automatic firearms and large capacity 
 ammunition feeding devices.''.

SEC. 4. PENALTIES.

 

Section 924

    (a) of title 18, United States Code, is amended by 
adding at the end the following:
 ``

    (9)
        (A) Whoever violates subsection
            (v) or

    (w) of 

section 922 
shall be fined not more than $5,000, imprisoned not more than 12 
months, or both, for each offense.
 ``
        (B) Whoever, while in possession of a gas-operated semi-automatic 
firearm in violation of 

section 922
            (v) , commits, or attempts to commit, 
any other Federal offense punishable by imprisonment for a term 
exceeding 1 year, shall, in addition to the punishment provided for 
such offense, be fined not more than $250,000, imprisoned for a term 
not less than 2 years and not more than 10 years, or both.''.

SEC. 5. PROHIBITED FIREARM DETERMINATIONS.

    (a) Amendment.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``

Sec. 935. Prohibited firearm determinations
 ``

    (a) Determination of Prohibited Firearms.--For purposes of 
carrying out 

section 922
            (v) , not later than 180 days after the date of 
enactment of this section, the Attorney General, acting through the 
Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
shall publish, and update, a list of gas-operated semi-automatic 
firearms in or affecting interstate or foreign commerce that are 
subject to the prohibition in 

section 922
            (v) .
 ``

    (b) Responsibilities.--In carrying out this section, the Director 
of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall--
 ``

    (1) review applications and appeals from licensed 
 manufacturers submitted under subsections
            (c) and
            (d) ;
 ``

    (2) require that each licensed dealer record purchaser 
 acknowledgment of the list published under subsection

    (a) before any sale of a firearm that is not prohibited under that 
 list;
 ``

    (3) before removing any gas-operated semi-automatic 
 firearm from the list required under subsection

    (a) , submit to 
 the Attorney General clear and convincing evidence of whether 
 the firearm should be removed from the list; and
 ``

    (4) advise the Attorney General on carrying out the 
 authority described in subsection

    (a) .
 ``
            (c) Applications for Approval of Firearm Designs.--
 ``

    (1) In general.--Any semi-automatic firearm designed on 
 or after the date of enactment of this section shall be 
 required to have an approval under this subsection prior to the 
 manufacture, in or affecting interstate or foreign commerce, of 
 such firearm for sale to civilians.
 ``

    (2) Application for approval.--A licensed manufacturer 
 may file with the Attorney General an application, under 
 penalty of perjury, for approval for a semi-automatic firearm 
 as not subject to the prohibition under 

section 922
            (v) , which 
 shall contain--
 ``
        (A) a detailed description of the specifications 
 and operation of the firearm;
 ``
        (B) a physical sample of the firearm;
 ``
            (C) any patent application for the firearm;
 ``
            (D) marketing materials and plans;
 ``
        (E) an explanation of why the firearm should not 
 be subject to the prohibition under 

section 922
            (v) ;
 ``
        (F) a description of any features that prevent 
 modification of the firearm; and
 ``
        (G) any other information the Attorney General 
 shall require.
 ``

    (3) Review of application.--
 ``
        (A) In general.--Not later than 240 days after 
 the date on which an application is submitted under 
 paragraph

    (2) , the Attorney General shall review the 
 application and issue a written determination approving 
 or denying the application.
 ``
        (B) Request for information.--The Attorney 
 General may request any additional information from the 
 manufacturer necessary to make the determination under 
 subparagraph
        (A) .
 ``

    (4) Fees.--
 ``
        (A) In general.--Not later than 60 days after the 
 date of enactment of this section, the Attorney General 
 shall determine the appropriate fee structure for 
 application submissions under this subsection by 
 licensed manufacturers.
 ``
        (B) Consideration.--In determining the fee 
 structure required under subparagraph
        (A) , the Attorney 
 General shall ensure that the fees collected are 
 substantial enough to cover the necessary costs 
 associated with carrying out the activities described 
 in subparagraph
        (A) .
 ``
            (C) Firearm safety trust fund.--
 ``
            (i) Establishment.--There is established 
 in the Treasury of the United States a fund to 
 be known as the `Firearm Safety Trust Fund'.
 ``
            (ii) Deposits.--Notwithstanding 

section 3302 of title 31, there shall be deposited in 
 the Firearm Safety Trust Fund--
 ``
            (I) all taxes collected by the 
 Bureau of Alcohol, Tobacco, Firearms, 
 and Explosives under subchapter A of 
 chapter 53 of the Internal Revenue Code 
 of 1986; and
 ``
            (II) any fees collected under 
 this paragraph.
 ``
            (iii) Availability of amounts.--All 
 amounts deposited in the Firearm Safety Trust 
 Fund shall--
 ``
            (I) be deposited as offsetting 
 collections into the Firearm Safety 
 Trust Fund for use by the Attorney 
 General in carrying out the 
 requirements of the GOSAFE Act and the 
 National Firearms Act (26 U.S.C. 5849 
 et seq.); and
 ``
            (II) remain available until 
 expended.
 ``
            (d) Appeals.--
 ``

    (1) In general.--Not later than 90 days after the date on 
 which the Attorney General denies an application under 
 subsection
            (c) (3) , the licensed manufacturer may appeal the 
 determination by filing an appeal with the Attorney General.
 ``

    (2) Review by attorney general.--Not later than 180 days 
 after the date on which an appeal is filed under paragraph

    (1) , 
 the Attorney General shall issue a written determination 
 upholding or revising the denial of the application.
 ``

    (3) Judicial review.--
 ``
        (A) In general.--Upon a determination by the 
 Attorney General to uphold the denial of an application 
 under paragraph

    (2) , the licensed manufacturer may file 
 a petition for review of the determination in the 
 appropriate district court of the United States.
 ``
        (B) Standard of proof.--In a review conducted 
 under subparagraph
        (A) , the court may set aside the 
 determination if the determination is found to be 
 arbitrary and capricious.
 ``

    (e) Private Right of Action.--
 ``

    (1) In general.--If the Attorney General, acting through 
 the Director of the Bureau of Alcohol, Tobacco, Firearms, and 
 Explosives, removes any gas-operated semi-automatic firearm 
 from the list of gas-operated semi-automatic firearms required 
 under subsection

    (a) , any person may file an action in an 
 appropriate district court of the United States for review of 
 such removal.
 ``

    (2) Standard of proof.--In a review conducted under 
 paragraph

    (1) , the court may grant the petitioner injunctive 
 relief if the determination is found to be arbitrary and 
 capricious.
 ``

    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section, 
and any amounts so appropriated shall remain available until 
expended.''.

    (b) Table of Sections.--The table of sections for chapter 44 of 
title 18, United States Code, is amended by inserting after the item 
relating to 

section 934 the following:

``935. Prohibited firearm determinations.''.
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