S. 1370 — GOSAFE Act

This section amends 18 U.S.C. §921(a) to define terms including "semi-automatic firearm," "cycle the action," "gas-operated" (encompassing long-stroke piston, short-stroke piston, direct impingement, hybrid, blowback-operated, and recoil-operated systems), and "large capacity ammunition feeding device" (i.e., a magazine or similar device with capacity for more than 10 rounds that is not permanently fixed, excluding those for .22 caliber rimfire or smaller). The section further amends 18 U.S.C. §922 by adding subsection (v) to prohibit the import, sale, manufacture, transfer, receipt, or possession in or affecting interstate or foreign commerce of a firearm, device, or combination of parts—including those on a prohibited list of gas-operated semi-automatic firearms under §935(a), modifications or parts enabling such operation, or devices/parts materially increasing a semi-automatic firearm's rate of fire or approximating a machinegun—unless knowing or having reasonable cause to believe otherwise. Exceptions apply to U.S. government entities and licensees under the Atomic Energy Act; gas-operated semi-automatic firearms lawfully manufactured and transferred before enactment; and transfers of such pre-enactment firearms to immediate family members.

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

This section establishes penalties in 18 U.S.C. 924(a)(9) for violations of prohibitions in 18 U.S.C. 922(v) or (w) (i.e., restrictions on gas-operated semi-automatic firearms) as follows: (1) a fine of not more than $5,000, imprisonment for not more than 12 months, or both, for each offense; and (2) for possession in violation of 922(v) while committing or attempting any other federal offense punishable by more than one year of imprisonment, an additional fine of not more than $250,000, imprisonment for 2 to 10 years, or both, on top of the punishment for that offense.

This section establishes new 18 U.S.C. §935, requiring the Attorney General, through the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), to publish and update (within 180 days of enactment) a list of gas-operated semi-automatic firearms in or affecting interstate or foreign commerce that are prohibited under new 18 U.S.C. §922(v). ATF must (1) review applications and appeals from licensed manufacturers for approval of new semi-automatic firearm designs not subject to the prohibition prior to civilian manufacture or sale; (2) require licensed dealers to record purchaser acknowledgment of the list before selling non-prohibited firearms; (3) submit clear and convincing evidence to the Attorney General before removing any firearm from the list; and (4) advise the Attorney General on list updates. Licensed manufacturers must submit detailed applications (including specifications, a physical sample, patents, marketing plans, and modification-prevention features) within penalty of perjury; the Attorney General must review applications within 240 days (with authority to request more information) and set fees within 60 days sufficient to cover costs, depositing fees and National Firearms Act taxes into a new Firearm Safety Trust Fund for use in implementing this section (the GOSAFE Act) and the National Firearms Act. Manufacturers denied approval may appeal to the Attorney General within 90 days (with review within 180 days), followed by judicial review in U.S. district court under an arbitrary and capricious standard; any person may also seek injunctive relief in district court against arbitrary and capricious removals from the list. The section authorizes such sums as necessary for implementation.