No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8600 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8600
To amend title 18, United States Code, to restrict the possession of
certain firearms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2024
Mrs. McBath (for herself, Mr. Beyer, Ms. Williams of Georgia, and Mr.
Johnson of Georgia) introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
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:
``(38) 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.
``(39) 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.
``(40) 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.
``(41) 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;
``(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 a single shotgun shell
simultaneously and 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line