H.R. 2790 — GOSAFE Act

This section amends 18 U.S.C. §921(a) to add definitions of “semi-automatic firearm” (i.e., repeats firing cycle using energy from fired cartridge, requires separate trigger action per shot, excludes machineguns), “cycle the action,” “gas-operated” (specifying long-stroke piston, short-stroke piston, direct impingement, hybrid, blowback, or recoil-operated systems), and “large capacity ammunition feeding device” (i.e., magazine or similar device accepting more than 10 rounds that is not permanently fixed, excluding .22 caliber rimfire devices). It further amends 18 U.S.C. §922 by adding subsection (v) to prohibit, except as provided, the import, sale, manufacture, transfer, receipt, or possession in or affecting interstate or foreign commerce of a firearm, device, or parts if the person knows or has reasonable cause to believe it (1) is a gas-operated semi-automatic firearm on the prohibited list under new section 935(a); (2) is a modified firearm operating as such a listed firearm; (3) is parts designed or functioning to modify or assemble into such a listed firearm; (4) produces unauthorized gas-operated semi-automatic cycling; (5) is a device increasing semi-automatic rate of fire or approximating machinegun action; (6) eliminates separate trigger movements to increase rate of fire; or (7) is a modified semi-automatic with increased rate of fire or approximating machinegun action. Exceptions apply to (A) U.S., state, tribal, or local government use; (B) Atomic Energy Act licensees for security; (C) pre-enactment lawfully manufactured and transferred gas-operated semi-automatic firearms; and (D) transfers to immediate family members. (Thus, the provision effectively bans listed gas-operated semi-automatic firearms—typically assault-style rifles—and rate-of-fire enhancing devices such as bump stocks, with grandfathering for existing owners but restricting most future transfers.)

This section authorizes the use of Byrne Justice Assistance Grant (JAG) funds for compensation under buy-back programs for surrendered gas-operated semi-automatic firearms and large capacity ammunition feeding devices, as defined in 18 U.S.C. 921. (The Byrne JAG program provides flexible formula grants to states and localities for specified criminal justice purposes, including law enforcement and crime prevention.)

This section establishes penalties in 18 U.S.C. 924(a)(9) for violations of 18 U.S.C. 922(v) or (w) as follows: (1) a fine not more than $5,000, imprisonment not more than 12 months, or both, for each offense; and (2) if a person possessing a gas-operated semi-automatic firearm in violation of 922(v) commits or attempts any other federal offense punishable by imprisonment exceeding one year, an additional fine not more than $250,000, imprisonment for not less than two years nor more than 10 years, or both.

This section requires the Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosates (ATF), to publish and update, not later than 180 days after enactment, a list of gas-operated semi-automatic firearms in or affecting interstate or foreign commerce that are prohibited under 18 U.S.C. §922(v). (Thus, licensed dealers must record purchaser acknowledgment of the list before selling any non-prohibited firearm.) It directs ATF to (1) review applications and appeals from licensed manufacturers for approval of new semi-automatic firearm designs prior to civilian manufacture or sale; (2) require detailed application submissions including specifications, a physical sample, patents, marketing plans, and modification-prevention features; (3) issue determinations on applications within 240 days; (4) establish fees within 60 days to cover review costs, deposited into a new Firearm Safety Trust Fund alongside National Firearms Act taxes for use in administering this section (the GOSAFE Act) and the National Firearms Act; (5) review appeals of denials within 180 days, subject to judicial review under an arbitrary and capricious standard; and (6) submit clear and convincing evidence to the Attorney General before removing any firearm from the prohibited list. It authorizes any person to seek injunctive relief in district court against arbitrary and capricious removals from the list and authorizes such sums as necessary for implementation.