II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gas-Operated Semi5 Automatic Firearms Exclusion Act’’ or the ‘‘GOSAFE 

6 Act’’. 

7 SEC. 2. RESTRICTIONS. 

8 (a) DEFINITIONS.—Section 921(a) of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

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1 ‘‘(38) The term ‘semi-automatic firearm’ means any 

2 firearm that— 

3 ‘‘(A) upon initiating the firing sequence, fires 

4 the first chambered cartridge and uses a portion of 

5 the energy of the firing cartridge to— 

6 ‘‘(i) extract the expended cartridge case; 

7 ‘‘(ii) chamber the next round; and 

8 ‘‘(iii) prepare the firing mechanism to fire 

9 again; 

10 ‘‘(B) requires a separate pull, release, push, or 

11 initiation of the trigger to fire each cartridge; and 

12 ‘‘(C) is not a machinegun. 

13 ‘‘(39) The term ‘cycle the action’, with respect to a 

14 firearm, means to extract the fired cartridge case, cham15 ber the next cartridge, and prepare the firing mechanism 

16 to fire again. 

17 ‘‘(40) The term ‘gas-operated’, with respect to a 

18 semi-automatic firearm, means any firearm that harnesses 

19 or traps a portion of the high-pressure gas from a fired 

20 cartridge to cycle the action using— 

21 ‘‘(A) a long stroke piston, where gas is vented 

22 from the barrel to a piston that is mechanically fixed 

23 to the bolt group and moves to cycle the action; 

24 ‘‘(B) a short stroke piston, where gas is vented 

25 from the barrel to a piston that moves separately 

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1 from the bolt group so that the energy is imparted 

2 through a gas piston to cycle the action; 

3 ‘‘(C) a system that traps and vents gas from ei4 ther the barrel or the chamber to directly strike or 

5 impinge the bolt, bolt carrier, or slide assembly, to 

6 unlock and cycle the action; 

7 ‘‘(D) a hybrid system that combines elements of 

8 a system described in subparagraph (C) with a sys9 tem described in subparagraph (A) or (B) to capture 

10 gas vented from the barrel to cycle the action; 

11 ‘‘(E) a blowback-operated system that directly 

12 utilizes the expanding gases of the ignited propellant 

13 powder acting on the cartridge case to drive the 

14 breechblock or breech bolt rearward; or 

15 ‘‘(F) a recoil-operated system that utilizes the 

16 recoil force to unlock the breech bolt and then to 

17 complete the cycle of extracting, ejecting, and re18 loading. 

19 ‘‘(41) The term ‘large capacity ammunition feeding 

20 device’— 

21 ‘‘(A) means a magazine, belt, drum, feed strip, 

22 helical feeding device, or similar device, including 

23 any such device joined or coupled with another in 

24 any manner, that— 

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1 ‘‘(i) has an overall capacity of, or that can 

2 be readily restored, altered, or converted to ac3 cept, more than 10 rounds of ammunition; and 

4 ‘‘(ii) is not permanently fixed; and 

5 ‘‘(B) does not include any device designed to 

6 accept, and capable of operating only with, .22 or 

7 less caliber rimfire ammunition.’’. 

8 (b) PROHIBITIONS.—Section 922 of title 18, United 

9 States Code, is amended— 

10 (1) by inserting after subsection (u) the fol11 lowing: 

12 ‘‘(v)(1) Except as provided in paragraph (2) or (4), 

13 it shall be unlawful for any person to import, sell, manu14 facture, transfer, receive, or possess, in or affecting inter15 state or foreign commerce, a firearm, device, or combina16 tion of parts described in subparagraphs (A) through (H), 

17 knowing or having reasonable cause to believe that— 

18 ‘‘(A) the firearm is included on the list of pro19 hibited gas-operated semi-automatic firearms de20 scribed in section 935(a); 

21 ‘‘(B) the modified non-prohibited firearm, as 

22 modified, operates as a firearm included on the list 

23 of prohibited gas-operated semi-automatic firearms 

24 described in section 935(a); 

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1 ‘‘(C) the combination of parts is designed and 

2 functions to modify an otherwise non-prohibited fire3 arm so that the firearm, as modified, operates as a 

4 gas-operated semi-automatic firearm included on the 

5 list of prohibited gas-operated semi-automatic fire6 arms described in section 935(a); 

7 ‘‘(D) the combination of parts is designed to be 

8 assembled into a firearm that operates as a firearm 

9 included on the list of prohibited gas-operated semi10 automatic firearms described in section 935(a); 

11 ‘‘(E) the combination of parts functions to 

12 produce a gas-operated semi-automatic cycling ac13 tion that was not lawfully manufactured as part of 

14 an approved firearm design described in section 

15 935(c); 

16 ‘‘(F) the manual, power-driven, or electronic de17 vice is primarily designed, or redesigned, so that if 

18 the device is attached to a semi-automatic firearm 

19 the device— 

20 ‘‘(i) materially increases the rate of fire of 

21 the firearm; or 

22 ‘‘(ii) approximates the action or rate of fire 

23 of a machinegun; 

24 ‘‘(G) the device, part, or combination of parts 

25 is designed and functions to materially increase the 

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1 rate of fire of the semi-automatic firearm by elimi2 nating the need for the operator of the firearm to 

3 make a separate movement for each individual func4 tion of the trigger; or 

5 ‘‘(H) the semi-automatic firearm has been 

6 modified in any way that— 

7 ‘‘(i) materially increases the rate of fire of 

8 the firearm; or 

9 ‘‘(ii) approximates the action or rate of fire 

10 of a machinegun. 

11 ‘‘(2) Paragraph (1) shall not apply to— 

12 ‘‘(A) the importation or manufacture by or for, 

13 sale or transfer to, or possession by or under the au14 thority of, the United States or any department or 

15 agency thereof or a State or Tribe, or a department, 

16 agency, or political subdivision thereof; 

17 ‘‘(B) the importation or manufacture for, sale 

18 or transfer to, or possession by, a licensee under title 

19 I of the Atomic Energy Act of 1954 (42 U.S.C. 

20 2011 et seq.) for purposes of establishing and main21 taining an on-site physical security protection system 

22 and security organization required by Federal law, 

23 or the transfer to, or possession by, a contractor of 

24 such a licensee on-site for such purposes or off-site 

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1 for purposes of licensee-authorized training or trans2 portation of nuclear materials; 

3 ‘‘(C) the possession of a gas-operated semi4 automatic firearm that, before the date of enactment 

5 of this subsection, was lawfully— 

6 ‘‘(i) manufactured; and 

7 ‘‘(ii) transferred by the manufacturer to 

8 another party; or 

9 ‘‘(D) the transfer of a gas-operated semi-auto10 matic firearm that is lawfully possessed before the 

11 date of enactment of this subsection in accordance 

12 with subparagraph (C), in which— 

13 ‘‘(i) the transferee is an immediate family 

14 member of the transferor; 

15 ‘‘(ii) the transfer occurs after a licensed 

16 importer, licensed manufacturer, or licensed 

17 dealer has first taken possession of the firearm 

18 for the purpose of complying with subsection (t) 

19 before such transfer to the immediate family 

20 member occurs; and 

21 ‘‘(iii) upon taking possession of the firearm 

22 under clause (ii), the licensee to whom the fire23 arm was transferred under clause (ii) complies 

24 with all requirements of this chapter as if the 

25 licensee were transferring the firearm from the 

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1 business inventory of the licensee to the unli2 censed transferee. 

3 ‘‘(3) Licensed importers and licensed manufacturers 

4 shall mark all gas-operated semi-automatic firearms im5 ported or manufactured under subparagraphs (A) and (B) 

6 of paragraph (2) after the date of enactment of this sub7 section in the manner prescribed by the Attorney General 

8 before any transfer under subparagraph (A) or (B) of 

9 paragraph (2). 

10 ‘‘(4) For purposes of this subsection— 

11 ‘‘(A) the term ‘gas-operated semi-automatic 

12 firearm’ does not include— 

13 ‘‘(i) any firearm designed to accept, and 

14 capable of operating only with, .22 caliber rim15 fire ammunition; 

16 ‘‘(ii) a rifle that— 

17 ‘‘(I) is a single-shot rifle; 

18 ‘‘(II) is a breech loading rifle with a 

19 capacity not to exceed 2 rounds of ammu20 nition; 

21 ‘‘(III) is a muzzle-loading rifle or 

22 smoothbore shoulder-fired firearm; 

23 ‘‘(IV) uses a bolt action, lever action, 

24 or pump action to cycle the action of the 

25 rifle; or 

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1 ‘‘(V) has a permanently fixed maga2 zine with a capacity not to exceed 10 

3 rounds of ammunition that cannot be con4 verted or changed to accept more than 10 

5 rounds of ammunition; 

6 ‘‘(iii) a shotgun that— 

7 ‘‘(I) is a single-shot shotgun; 

8 ‘‘(II) is a breech loading shotgun with 

9 a capacity not to exceed 2 rounds of am10 munition; 

11 ‘‘(III) is a muzzle-loading shotgun; 

12 ‘‘(IV) uses a bolt action, lever action, 

13 or pump action to cycle the action of the 

14 shotgun; 

15 ‘‘(V) is a semi-automatic or auto-load16 ing shotgun; or 

17 ‘‘(VI) has a permanently fixed maga18 zine with a capacity not to exceed 10 

19 rounds of ammunition that cannot be con20 verted or changed to accept more than 10 

21 rounds of ammunition; 

22 ‘‘(iv) a breech loading firearm capable of 

23 holding a single cartridge and a single shotgun 

24 shell simultaneously and must be reloaded after 

25 firing those rounds of ammunition; or 

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1 ‘‘(v) a handgun that— 

2 ‘‘(I) is a single-shot handgun; 

3 ‘‘(II) is a breech loading handgun 

4 with a capacity not to exceed 2 rounds of 

5 ammunition; 

6 ‘‘(III) is a muzzle-loading or 

7 smoothbore handgun; 

8 ‘‘(IV) uses a bolt action to cycle the 

9 action of the handgun; 

10 ‘‘(V) is a single or double action re11 volver; 

12 ‘‘(VI) is a single or double action 

13 semi-automatic handgun that uses recoil to 

14 cycle the action of the handgun; or 

15 ‘‘(VII) has a permanently fixed maga16 zine with a capacity not to exceed 15 

17 rounds of ammunition that cannot be con18 verted or changed to accept more than 15 

19 rounds of ammunition; and 

20 ‘‘(B) the term ‘immediate family member’ 

21 means, with respect to a person— 

22 ‘‘(i) a spouse, parent, brother or sister, or 

23 child of that person, or an individual to whom 

24 that person stands in loco parentis; or 

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1 ‘‘(ii) any other person living in the house2 hold of that person and related to that person 

3 by blood or marriage. 

4 ‘‘(w)(1) Except as provided in paragraph (3), it shall 

5 be unlawful, on and after the date of enactment of this 

6 subsection, for any person to, in or affecting interstate or 

7 foreign commerce— 

8 ‘‘(A) import, sell, manufacture, transfer, or re9 ceive a large capacity ammunition feeding device; or 

10 ‘‘(B) possess a large capacity ammunition feed11 ing device manufactured after the date of enactment 

12 of this subsection. 

13 ‘‘(2) It shall be unlawful for any person who lawfully 

14 owns or possesses a large capacity ammunition feeding de15 vice that was manufactured and purchased or transferred 

16 before such date of enactment to transfer, in or affecting 

17 interstate or foreign commerce, such device after the date 

18 of enactment of this subsection. 

19 ‘‘(3) This subsection shall not apply with respect to— 

20 ‘‘(A) the importation for, manufacture for, sale 

21 to, transfer to, or possession by or under the author22 ity of, the United States or any department or agen23 cy thereof or a State or Tribe, or a department, 

24 agency, or political subdivision thereof; or 

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1 ‘‘(B) the importation or manufacture for, sale 

2 or transfer to, or possession by, a licensee under title 

3 I of the Atomic Energy Act of 1954 (42 U.S.C. 

4 2011 et seq.) for purposes of establishing and main5 taining an on-site physical security protection system 

6 and security organization required by Federal law, 

7 or the transfer to, or possession by, a contractor of 

8 such a licensee on-site for such purposes or off-site 

9 for purposes of licensee-authorized training or trans10 portation of nuclear materials. 

11 ‘‘(4) Any licensed importer, licensed manufacturer, or 

12 other person in possession of a large capacity ammunition 

13 feeding device— 

14 ‘‘(A) shall mark such large capacity ammuni15 tion feeding device imported or manufactured under 

16 subparagraph (A) or (B) of paragraph (3) after the 

17 date of enactment of this subsection in the manner 

18 prescribed by the Attorney General before any trans19 fer under subparagraph (A) or (B) of paragraph (3); 

20 and 

21 ‘‘(B) may not obliterate or otherwise alter the 

22 serial number on such large capacity ammunition 

23 feeding device.’’. 

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1 SEC. 3. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS 

2 FOR GAS-OPERATED SEMI-AUTOMATIC FIRE3 ARMS AND LARGE CAPACITY AMMUNITION 

4 FEEDING DEVICES. 

5 Section 501(a)(1) of title I of the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (34 U.S.C. 

7 10152(a)(1)) is amended by adding at the end the fol8 lowing: 

9 ‘‘(J) Compensation for surrendered gas-op10 erated semi-automatic firearms and large ca11 pacity ammunition feeding devices, as defined 

12 in section 921 of title 18, United States Code, 

13 under buy-back programs for gas-operated 

14 semi-automatic firearms and large capacity am15 munition feeding devices.’’. 

16 SEC. 4. PENALTIES. 

17 Section 924(a) of title 18, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(9)(A) Whoever violates subsection (v) or (w) of sec20 tion 922 shall be fined not more than $5,000, imprisoned 

21 not more than 12 months, or both, for each offense. 

22 ‘‘(B) Whoever, while in possession of a gas-operated 

23 semi-automatic firearm in violation of section 922(v), com24 mits, or attempts to commit, any other Federal offense 

25 punishable by imprisonment for a term exceeding 1 year, 

26 shall, in addition to the punishment provided for such ofVerDate Sep 11 2014 22:52 Dec 04, 2023 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3369.IS S3369
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1 fense, be fined not more than $250,000, imprisoned for 

2 a term not less than 2 years and not more than 10 years, 

3 or both.’’. 

4 SEC. 5. PROHIBITED FIREARM DETERMINATIONS. 

5 (a) AMENDMENT.—Chapter 44 of title 18, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 935. Prohibited firearm determinations 

9 ‘‘(a) DETERMINATION OF PROHIBITED FIREARMS.— 

10 For purposes of carrying out section 922(v), not later than 

11 180 days after the date of enactment of this section, the 

12 Attorney General, acting through the Director of the Bu13 reau of Alcohol, Tobacco, Firearms, and Explosives, shall 

14 publish, and update, a list of gas-operated semi-automatic 

15 firearms in or affecting interstate or foreign commerce 

16 that are subject to the prohibition in section 922(v). 

17 ‘‘(b) RESPONSIBILITIES.—In carrying out this sec18 tion, the Director of the Bureau of Alcohol, Tobacco, Fire19 arms, and Explosives shall— 

20 ‘‘(1) review applications and appeals from li21 censed manufacturers submitted under subsections 

22 (c) and (d); 

23 ‘‘(2) require that each licensed dealer record 

24 purchaser acknowledgment of the list published 

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1 under subsection (a) before any sale of a firearm 

2 that is not prohibited under that list; 

3 ‘‘(3) before removing any gas-operated semi4 automatic firearm from the list required under sub5 section (a), submit to the Attorney General clear 

6 and convincing evidence of whether the firearm 

7 should be removed from the list; and 

8 ‘‘(4) advise the Attorney General on carrying 

9 out the authority described in subsection (a). 

10 ‘‘(c) APPLICATIONS FOR APPROVAL OF FIREARM DE11 SIGNS.— 

12 ‘‘(1) IN GENERAL.—Any semi-automatic fire13 arm designed on or after the date of enactment of 

14 this section shall be required to have an approval 

15 under this subsection prior to the manufacture, in or 

16 affecting interstate or foreign commerce, of such 

17 firearm for sale to civilians. 

18 ‘‘(2) APPLICATION FOR APPROVAL.—A licensed 

19 manufacturer may file with the Attorney General an 

20 application, under penalty of perjury, for approval 

21 for a semi-automatic firearm as not subject to the 

22 prohibition under section 922(v), which shall con23 tain— 

24 ‘‘(A) a detailed description of the specifica25 tions and operation of the firearm; 

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1 ‘‘(B) a physical sample of the firearm; 

2 ‘‘(C) any patent application for the fire3 arm; 

4 ‘‘(D) marketing materials and plans; 

5 ‘‘(E) an explanation of why the firearm 

6 should not be subject to the prohibition under 

7 section 922(v); 

8 ‘‘(F) a description of any features that 

9 prevent modification of the firearm; and 

10 ‘‘(G) any other information the Attorney 

11 General shall require. 

12 ‘‘(3) REVIEW OF APPLICATION.— 

13 ‘‘(A) IN GENERAL.—Not later than 240 

14 days after the date on which an application is 

15 submitted under paragraph (2), the Attorney 

16 General shall review the application and issue a 

17 written determination approving or denying the 

18 application. 

19 ‘‘(B) REQUEST FOR INFORMATION.—The 

20 Attorney General may request any additional 

21 information from the manufacturer necessary to 

22 make the determination under subparagraph 

23 (A). 

24 ‘‘(4) FEES.— 

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1 ‘‘(A) IN GENERAL.—Not later than 60 

2 days after the date of enactment of this section, 

3 the Attorney General shall determine the appro4 priate fee structure for application submissions 

5 under this subsection by licensed manufactur6 ers. 

7 ‘‘(B) CONSIDERATION.—In determining 

8 the fee structure required under subparagraph 

9 (A), the Attorney General shall ensure that the 

10 fees collected are substantial enough to cover 

11 the necessary costs associated with carrying out 

12 the activities described in subparagraph (A). 

13 ‘‘(C) FIREARM SAFETY TRUST FUND.— 

14 ‘‘(i) ESTABLISHMENT.—There is es15 tablished in the Treasury of the United 

16 States a fund to be known as the ‘Firearm 

17 Safety Trust Fund’. 

18 ‘‘(ii) DEPOSITS.—Notwithstanding 

19 section 3302 of title 31, there shall be de20 posited in the Firearm Safety Trust 

21 Fund— 

22 ‘‘(I) all taxes collected by the Bu23 reau of Alcohol, Tobacco, Firearms, 

24 and Explosives under subchapter A of 

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1 chapter 53 of the Internal Revenue 

2 Code of 1986; and 

3 ‘‘(II) any fees collected under 

4 this paragraph. 

5 ‘‘(iii) AVAILABILITY OF AMOUNTS .— 

6 All amounts deposited in the Firearm 

7 Safety Trust Fund shall— 

8 ‘‘(I) be deposited as offsetting 

9 collections into the Firearm Safety 

10 Trust Fund for use by the Attorney 

11 General in carrying out the require12 ments of the GOSAFE Act and the 

13 National Firearms Act (26 U.S.C. 

14 5849 et seq.); and 

15 ‘‘(II) remain available until ex16 pended. 

17 ‘‘(d) APPEALS.— 

18 ‘‘(1) IN GENERAL.—Not later than 90 days 

19 after the date on which the Attorney General denies 

20 an application under subsection (c)(3), the licensed 

21 manufacturer may appeal the determination by filing 

22 an appeal with the Attorney General. 

23 ‘‘(2) REVIEW BY ATTORNEY GENERAL.—Not 

24 later than 180 days after the date on which an ap25 peal is filed under paragraph (1), the Attorney GenVerDate Sep 11 2014 22:52 Dec 04, 2023 Jkt 049200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3369.IS S3369
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1 eral shall issue a written determination upholding or 

2 revising the denial of the application. 

3 ‘‘(3) JUDICIAL REVIEW.— 

4 ‘‘(A) IN GENERAL.—Upon a determination 

5 by the Attorney General to uphold the denial of 

6 an application under paragraph (2), the li7 censed manufacturer may file a petition for re8 view of the determination in the appropriate 

9 district court of the United States. 

10 ‘‘(B) STANDARD OF PROOF.—In a review 

11 conducted under subparagraph (A), the court 

12 may set aside the determination if the deter13 mination is found to be arbitrary and capri14 cious. 

15 ‘‘(e) PRIVATE RIGHT OF ACTION.— 

16 ‘‘(1) IN GENERAL.—If the Attorney General, 

17 acting through the Director of the Bureau of Alco18 hol, Tobacco, Firearms, and Explosives, removes any 

19 gas-operated semi-automatic firearm from the list of 

20 gas-operated semi-automatic firearms required under 

21 subsection (a), any person may file an action in an 

22 appropriate district court of the United States for 

23 review of such removal. 

24 ‘‘(2) STANDARD OF PROOF.—In a review con25 ducted under paragraph (1), the court may grant 

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1 the petitioner injunctive relief if the determination is 

2 found to be arbitrary and capricious. 

3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary to carry out this section, and any amounts so 

6 appropriated shall remain available until expended.’’. 

7 (b) TABLE OF SECTIONS.—The table of sections for 

8 chapter 44 of title 18, United States Code, is amended 

9 by inserting after the item relating to section 934 the fol10 lowing: 

‘‘935. Prohibited firearm determinations.’’. 

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