‘‘(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 elimi-
nating the need for the operator of the firearm to 
make a separate movement for each individual func-
tion 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 au-
thority 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 main-
taining an on-site physical security protection system 
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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 trans-
portation 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-auto-
matic 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 fire-
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arm 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 unli-
censed transferee. 
‘‘(3) Licensed importers and licensed manufacturers 
shall mark all gas-operated semi-automatic firearms im-
ported or manufactured under subparagraphs (A) and (B) 
of paragraph (2) after the date of enactment of this sub-
section 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 rim-
fire ammunition, provided that such firearm 
does not have a separate upper and lower re-
ceiver; 
‘‘(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 ammu-
nition; 
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‘‘(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 maga-
zine with a capacity not to exceed 10 
rounds of ammunition that cannot be con-
verted 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 am-
munition; 
‘‘(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-load-
ing shotgun; or 
‘‘(VI) has a permanently fixed maga-
zine with a capacity not to exceed 10 
rounds of ammunition that cannot be con-
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verted or changed to accept more than 10 
rounds of ammunition; 
‘‘(iv) a breech loading firearm capable of 
holding a single cartridge and not more than 2 
shotgun shells simultaneously and that must be 
reloaded after firing those rounds of ammuni-
tion; 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 re-
volver; 
‘‘(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 maga-
zine with a capacity not to exceed 15 
rounds of ammunition that cannot be con-
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verted 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 house-
hold 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 re-
ceive a large capacity ammunition feeding device; or 
‘‘(B) possess a large capacity ammunition feed-
ing 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 de-
vice 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. 
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‘‘(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 author-
ity of, the United States or any department or agen-
cy 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 main-
taining 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 trans-
portation 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 ammuni-
tion 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 trans-
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fer 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 FIRE-
ARMS 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 fol-
lowing: 
‘‘(J) Compensation for surrendered gas-op-
erated semi-automatic firearms and large ca-
pacity 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 am-
munition feeding devices.’’. 
SEC. 4. PENALTIES. 
Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following: 
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‘‘(9)(A) Whoever violates subsection (v) or (w) of sec-
tion 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), com-
mits, 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 of-
fense, 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 fol-
lowing: 
‘‘§ 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 Bu-
reau 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). 
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‘‘(b) RESPONSIBILITIES.—In carrying out this sec-
tion, the Director of the Bureau of Alcohol, Tobacco, Fire-
arms, and Explosives shall— 
‘‘(1) review applications and appeals from li-
censed 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 sub-
section (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 DE-
SIGNS.— 
‘‘(1) IN
GENERAL.—Any semi-automatic fire-
arm 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. 
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‘‘(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 con-
tain— 
‘‘(A) a detailed description of the specifica-
tions and operation of the firearm; 
‘‘(B) a physical sample of the firearm; 
‘‘(C) any patent application for the fire-
arm; 
‘‘(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 
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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 appro-
priate fee structure for application submissions 
under this subsection by licensed manufactur-
ers. 
‘‘(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 es-
tablished in the Treasury of the United 
States a fund to be known as the ‘Firearm 
Safety Trust Fund’. 
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‘‘(ii) 
DEPOSITS.—Notwithstanding 
section 3302 of title 31, there shall be de-
posited in the Firearm Safety Trust 
Fund— 
‘‘(I) all taxes collected by the Bu-
reau 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 require-
ments of the GOSAFE Act and the 
National Firearms Act (26 U.S.C. 
5849 et seq.); and 
‘‘(II) remain available until ex-
pended. 
‘‘(d) APPEALS.— 
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‘‘(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 ap-
peal is filed under paragraph (1), the Attorney Gen-
eral 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 li-
censed manufacturer may file a petition for re-
view 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 deter-
mination is found to be arbitrary and capri-
cious. 
‘‘(e) PRIVATE RIGHT OF ACTION.— 
‘‘(1) IN GENERAL.—If the Attorney General, 
acting through the Director of the Bureau of Alco-
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hol, 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 con-
ducted 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 fol-
lowing: 
‘‘935. Prohibited firearm determinations.’’. 
Æ 
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