,,ii #aahth ,,congress #ast ,session ,s4 #ccfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #cj1 #bjbc,mr4 ,heinrich 7for himself1 ,mr4 ,king1 ,mr4 ,kelly1 and ,mr4 ,bennet7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to restrict the possession of certain firearms1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,gas-,operated ,semi-,automatic ,firearms ,exclusion ,act or the ,,gosafe ,act4 #b4 ,restrictions 7a7 ,definitions ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#ch7 ,the term semi-automatic firearm means any firearm that-- 7,a7 upon initiating the firing sequence1 fires the first chambered cartridge and uses a portion of the energy of the firing cartridge to-- 7i7 extract the expended cartridge case2 7ii7 chamber the next round2 and 7iii7 prepare the firing mechanism to fire again2 7,b7 requires a separate pull1 release1 push1 or initiation of the trigger to fire each cartridge2 and 7,c7 is not a machinegun4 7#ci7 ,the term cycle the action1 with respect to a firearm1 means to extract the fired cartridge case1 chamber the next cartridge1 and prepare the firing mechanism to fire again4 7#dj7 ,the term gas-operated1 with respect to a semi-automatic firearm1 means any firearm that harnesses or traps a portion of the high-pressure gas from a fired cartridge to cycle the action using-- 7,a7 a long stroke piston1 where gas is vented from the barrel to a piston that is mechanically fixed to the bolt group and moves to cycle the action2 7,b7 a short stroke piston1 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 action2 7,c7 a system that traps and vents gas from either the barrel or the chamber to directly strike or impinge the bolt1 bolt carrier1 or slide assembly1 to unlock and cycle the action2 7,d7 a hybrid system that combines elements of a system described in subparagraph 7,c7 with a system described in subparagraph 7,a7 or 7,b7 to capture gas vented from the barrel to cycle the action2 7,e7 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 rearward2 or 7,f7 a recoil-operated system that utilizes the recoil force to unlock the breech bolt and then to complete the cycle of extracting1 ejecting1 and reloading4 7#da7 ,the term large capacity ammunition feeding device-- 7,a7 means a magazine1 belt1 drum1 feed strip1 helical feeding device1 or similar device1 including any such device joined or coupled with another in any manner1 that-- 7i7 has an overall capacity of1 or that can be readily restored1 altered1 or converted to accept1 more than #aj rounds of ammunition2 and 7ii7 is not permanently fixed2 and 7,b7 does not include any device designed to accept1 and capable of operating only with1 4#bb or less caliber rimfire ammunition4 4 7b7 ,prohibitions ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting after subsection 7u7 the following3 7v7 7#a7 ,except as provided in paragraph 7#b7 or 7#d71 it shall be unlawful for any person to import1 sell1 manufacture1 transfer1 receive1 or possess1 in or affecting interstate or foreign commerce1 a firearm1 device1 or combination of parts described in subparagraphs 7,a7 through 7,h71 knowing or having reasonable cause to believe that-- 7,a7 the firearm is included on the list of prohibited gas-operated semi-automatic firearms described in section #ice7;a72 7,b7 the modified non-prohibited firearm1 as modified1 operates as a firearm included on the list of prohibited gas-operated semi-automatic firearms described in section #ice7;a72 7,c7 the combination of parts is designed and functions to modify an otherwise non-prohibited firearm so that the firearm1 as modified1 operates as a gas-operated semi-automatic firearm included on the list of prohibited gas-operated semi-automatic firearms described in section #ice7;a72 7,d7 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 #ice7;a72 7,e7 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 #ice7;c72 7,f7 the manual1 power-driven1 or electronic device is primarily designed1 or redesigned1 so that if the device is attached to a semi-automatic firearm the device-- 7i7 materially increases the rate of fire of the firearm2 or 7ii7 approximates the action or rate of fire of a machinegun2 7,g7 the device1 part1 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 trigger2 or 7,h7 the semi-automatic firearm has been modified in any way that-- 7i7 materially increases the rate of fire of the firearm2 or 7ii7 approximates the action or rate of fire of a machinegun4 7#b7 ,paragraph 7#a7 shall not apply to-- 7,a7 the importation or manufacture by or for1 sale or transfer to1 or possession by or under the authority of1 the ,united ,states or any department or agency thereof or a ,state or ,tribe1 or a department1 agency1 or political subdivision thereof2 7,b7 the importation or manufacture for1 sale or transfer to1 or possession by1 a licensee under title ,i of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq47 for purposes of establishing and maintaining an on-site physical security protection system and security organization required by ,federal law1 or the transfer to1 or possession by1 a contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials2 7,c7 the possession of a gas-operated semi-automatic firearm that1 before the date of enactment of this subsection1 was lawfully-- 7i7 manufactured2 and 7ii7 transferred by the manufacturer to another party2 or 7,d7 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 7,c71 in which-- 7i7 the transferee is an immediate family member of the transferor2 7ii7 the transfer occurs after a licensed importer1 licensed manufacturer1 or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection 7t7 before such transfer to the immediate family member occurs2 and 7iii7 upon taking possession of the firearm under clause 7ii71 the licensee to whom the firearm was transferred under clause 7ii7 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 transferee4 7#c7 ,licensed importers and licensed manufacturers shall mark all gas-operated semi-automatic firearms imported or manufactured under subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 after the date of enactment of this subsection in the manner prescribed by the ,attorney ,general before any transfer under subparagraph 7,a7 or 7,b7 of paragraph 7#b74 7#d7 ,for purposes of this subsection-- 7,a7 the term gas-operated semi-automatic firearm does not include-- 7i7 any firearm designed to accept1 and capable of operating only with1 4#bb caliber rimfire ammunition2 7ii7 a rifle that-- 7,i7 is a single-shot rifle2 7,,ii7 is a breech loading rifle with a capacity not to exceed #b rounds of ammunition2 7,,iii7 is a muzzle-loading rifle or smoothbore shoulder-fired firearm2 7,,iv7 uses a bolt action1 lever action1 or pump action to cycle the action of the rifle2 or 7,v7 has a permanently fixed magazine with a capacity not to exceed #aj rounds of ammunition that cannot be converted or changed to accept more than #aj rounds of ammunition2 7iii7 a shotgun that-- 7,i7 is a single-shot shotgun2 7,,ii7 is a breech loading shotgun with a capacity not to exceed #b rounds of ammunition2 7,,iii7 is a muzzle-loading shotgun2 7,,iv7 uses a bolt action1 lever action1 or pump action to cycle the action of the shotgun2 7,v7 is a semi-automatic or auto-loading shotgun2 or 7,,vi7 has a permanently fixed magazine with a capacity not to exceed #aj rounds of ammunition that cannot be converted or changed to accept more than #aj rounds of ammunition2 7iv7 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 ammunition2 or 7v7 a handgun that-- 7,i7 is a single-shot handgun2 7,,ii7 is a breech loading handgun with a capacity not to exceed #b rounds of ammunition2 7,,iii7 is a muzzle-loading or smoothbore handgun2 7,,iv7 uses a bolt action to cycle the action of the handgun2 7,v7 is a single or double action revolver2 7,,vi7 is a single or double action semi-automatic handgun that uses recoil to cycle the action of the handgun2 or 7,,vii7 has a permanently fixed magazine with a capacity not to exceed #ae rounds of ammunition that cannot be converted or changed to accept more than #ae rounds of ammunition2 and 7,b7 the term immediate family member means1 with respect to a person-- 7i7 a spouse1 parent1 brother or sister1 or child of that person1 or an individual to whom that person stands in loco parentis2 or 7ii7 any other person living in the household of that person and related to that person by blood or marriage4 7w7 7#a7 ,except as provided in paragraph 7#c71 it shall be unlawful1 on and after the date of enactment of this subsection1 for any person to1 in or affecting interstate or foreign commerce-- 7,a7 import1 sell1 manufacture1 transfer1 or receive a large capacity ammunition feeding device2 or 7,b7 possess a large capacity ammunition feeding device manufactured after the date of enactment of this subsection4 7#b7 ,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 transfer1 in or affecting interstate or foreign commerce1 such device after the date of enactment of this subsection4 7#c7 ,this subsection shall not apply with respect to-- 7,a7 the importation for1 manufacture for1 sale to1 transfer to1 or possession by or under the authority of1 the ,united ,states or any department or agency thereof or a ,state or ,tribe1 or a department1 agency1 or political subdivision thereof2 or 7,b7 the importation or manufacture for1 sale or transfer to1 or possession by1 a licensee under title ,i of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq47 for purposes of establishing and maintaining an on-site physical security protection system and security organization required by ,federal law1 or the transfer to1 or possession by1 a contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials4 7#d7 ,any licensed importer1 licensed manufacturer1 or other person in possession of a large capacity ammunition feeding device-- 7,a7 shall mark such large capacity ammunition feeding device imported or manufactured under subparagraph 7,a7 or 7,b7 of paragraph 7#c7 after the date of enactment of this subsection in the manner prescribed by the ,attorney ,general before any transfer under subparagraph 7,a7 or 7,b7 of paragraph 7#c72 and 7,b7 may not obliterate or otherwise alter the serial number on such large capacity ammunition feeding device4 4 #c4 ,use of ,byrne grants for buy-back programs for gas-operated semi-automatic firearms and large capacity ammunition feeding devices ,section #eja7;a77#a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb7;a77#a77 is amended by adding at the end the following3 7,j7 ,compensation for surrendered gas-operated semi-automatic firearms and large capacity ammunition feeding devices1 as defined in section #iba of title #ah1 ,united ,states ,code1 under buy-back programs for gas-operated semi-automatic firearms and large capacity ammunition feeding devices4 4 #d4 ,penalties ,section #ibd7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#i7 7,a7 ,whoever violates subsection 7v7 or 7w7 of section #ibb shall be fined not more than #e1jjj1 imprisoned not more than #ab months1 or both1 for each offense4 7,b7 ,whoever1 while in possession of a gas-operated semi-automatic firearm in violation of section #ibb7v71 commits1 or attempts to commit1 any other ,federal offense punishable by imprisonment for a term exceeding #a year1 shall1 in addition to the punishment provided for such offense1 be fined not more than #bej1jjj1 imprisoned for a term not less than #b years and not more than #aj years1 or both4 4 #e4 ,prohibited firearm determinations 7a7 ,amendment ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ice4 ,prohibited firearm determinations 7a7 ,determination of prohibited firearms ,for purposes of carrying out section #ibb7v71 not later than #ahj days after the date of enactment of this section1 the ,attorney ,general1 acting through the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 shall publish1 and update1 a list of gas-operated semi-automatic firearms in or affecting interstate or foreign commerce that are subject to the prohibition in section #ibb7v74 7b7 ,responsibilities ,in carrying out this section1 the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives shall-- 7#a7 review applications and appeals from licensed manufacturers submitted under subsections 7c7 and 7d72 7#b7 require that each licensed dealer record purchaser acknowledgment of the list published under subsection 7a7 before any sale of a firearm that is not prohibited under that list2 7#c7 before removing any gas-operated semi-automatic firearm from the list required under subsection 7a71 submit to the ,attorney ,general clear and convincing evidence of whether the firearm should be removed from the list2 and 7#d7 advise the ,attorney ,general on carrying out the authority described in subsection 7a74 7c7 ,applications for approval of firearm designs 7#a7 ,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 manufacture1 in or affecting interstate or foreign commerce1 of such firearm for sale to civilians4 7#b7 ,application for approval ,a licensed manufacturer may file with the ,attorney ,general an application1 under penalty of perjury1 for approval for a semi-automatic firearm as not subject to the prohibition under section #ibb7v71 which shall contain-- 7,a7 a detailed description of the specifications and operation of the firearm2 7,b7 a physical sample of the firearm2 7,c7 any patent application for the firearm2 7,d7 marketing materials and plans2 7,e7 an explanation of why the firearm should not be subject to the prohibition under section #ibb7v72 7,f7 a description of any features that prevent modification of the firearm2 and 7,g7 any other information the ,attorney ,general shall require4 7#c7 ,review of application 7,a7 ,in general ,not later than #bdj days after the date on which an application is submitted under paragraph 7#b71 the ,attorney ,general shall review the application and issue a written determination approving or denying the application4 7,b7 ,request for information ,the ,attorney ,general may request any additional information from the manufacturer necessary to make the determination under subparagraph 7,a74 7#d7 ,fees 7,a7 ,in general ,not later than #fj days after the date of enactment of this section1 the ,attorney ,general shall determine the appropriate fee structure for application submissions under this subsection by licensed manufacturers4 7,b7 ,consideration ,in determining the fee structure required under subparagraph 7,a71 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 7,a74 7,c7 ,firearm ,safety ,trust ,fund 7i7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,firearm ,safety ,trust ,fund4 7ii7 ,deposits ,notwithstanding section #ccjb of title #ca1 there shall be deposited in the ,firearm ,safety ,trust ,fund-- 7,i7 all taxes collected by the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives under subchapter ,a of chapter #ec of the ,internal ,revenue ,code of #aihf2 and 7,,ii7 any fees collected under this paragraph4 7iii7 ,availability of amounts ,all amounts deposited in the ,firearm ,safety ,trust ,fund shall-- 7,i7 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 7#bf ,u4,s4,c4 #ehdi et seq472 and 7,,ii7 remain available until expended4 7d7 ,appeals 7#a7 ,in general ,not later than #ij days after the date on which the ,attorney ,general denies an application under subsection 7c77#c71 the licensed manufacturer may appeal the determination by filing an appeal with the ,attorney ,general4 7#b7 ,review by ,attorney ,general ,not later than #ahj days after the date on which an appeal is filed under paragraph 7#a71 the ,attorney ,general shall issue a written determination upholding or revising the denial of the application4 7#c7 ,judicial review 7,a7 ,in general ,upon a determination by the ,attorney ,general to uphold the denial of an application under paragraph 7#b71 the licensed manufacturer may file a petition for review of the determination in the appropriate district court of the ,united ,states4 7,b7 ,standard of proof ,in a review conducted under subparagraph 7,a71 the court may set aside the determination if the determination is found to be arbitrary and capricious4 7e7 ,private right of action 7#a7 ,in general ,if the ,attorney ,general1 acting through the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 removes any gas-operated semi-automatic firearm from the list of gas-operated semi-automatic firearms required under subsection 7a71 any person may file an action in an appropriate district court of the ,united ,states for review of such removal4 7#b7 ,standard of proof ,in a review conducted under paragraph 7#a71 the court may grant the petitioner injunctive relief if the determination is found to be arbitrary and capricious4 7f7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section1 and any amounts so appropriated shall remain available until expended4 4 7b7 ,table of sections ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #icd the following3 #ice4 ,prohibited firearm determinations4 4