[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3369 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3369

 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

                           November 30, 2023

    Mr. Heinrich (for himself, Mr. King, Mr. Kelly, and Mr. Bennet) 
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:
    ``(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.''.
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