Overview
Title
To amend title 18, United States Code, to restrict the possession of certain firearms, and for other purposes.
ELI5 AI
The GOSAFE Act is a law that tries to make it harder for people to own certain types of guns that can fire a lot of bullets quickly, except for those who already have them. It also plans to buy back these guns from people and has rules to make sure the guns are safe and approved by the government.
Summary AI
H.R. 2790, also known as the "Gas-Operated Semi-Automatic Firearms Exclusion Act" or "GOSAFE Act," amends U.S. law to restrict the possession, manufacturing, and sale of certain semi-automatic firearms and large capacity ammunition feeding devices. The bill defines and prohibits gas-operated semi-automatic firearms with specific features and mandates lawful possession to be limited to firearms acquired before its enactment. Exceptions apply to authorized government and security organizations. Additionally, the bill introduces penalties for new violations and allows Byrne grant funds for firearm and ammunition buy-back programs.
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AnalysisAI
General Summary of the Bill
The proposed legislation, known formally as the “Gas-Operated Semi-Automatic Firearms Exclusion Act” or the "GOSAFE Act," seeks to amend existing federal laws concerning the regulation of gas-operated semi-automatic firearms and certain types of ammunition feeding devices. Introduced to the United States House of Representatives, this bill outlines specific definitions and restrictions related to the sale, possession, and modification of these firearms. It aims to set parameters on what constitutes a gas-operated semi-automatic firearm and a large capacity ammunition feeding device. The bill also provides exemptions for government and certain licensed entities, proposes penalties for violations, and introduces buy-back programs with the assistance of Byrne grants.
Summary of Significant Issues
A pressing issue within the bill is the technical language and complex definitions that may not be easily grasped by the general public, including lawmakers who do not specialize in firearms or related areas. This complexity extends to the differentiation of the firearms based on operational characteristics, which could complicate interpretation and enforcement.
Additionally, the penalties prescribed for certain violations, such as fines not exceeding $5,000 or imprisonment for up to 12 months, may not be severe enough to deter serious offenses, potentially undermining the legislation’s objectives.
The bill also raises concerns regarding its implementation, particularly in terms of the oversight and management of the proposed buy-back programs. The lack of detailed specifications for compensation and the absence of an evaluation mechanism could lead to inconsistency and potential misuse.
Another key issue is the broad authority granted to the Attorney General to approve or deny firearm designs and classifications without clear, defined standards. This could lead to inconsistent decision-making and limited judicial oversight.
Impact on the Public Broadly
The bill’s impact on the general public could be mixed. On one hand, by restricting certain firearms and devices, it aims to enhance public safety and reduce gun violence. On the other hand, the technical complexity of the bill and potential enforcement difficulties may result in confusion among those who own or are interested in firearms, leading to unintended legal consequences.
Impact on Specific Stakeholders
For firearm manufacturers and dealers, the bill could create significant compliance burdens. The requirement to submit physical samples and detailed information for firearm design approvals could result in logistical and security challenges. These entities might also face increased administrative costs due to the complex application and approval processes.
Government agencies and licensed entities under the Atomic Energy Act would benefit from the bill’s exceptions, potentially causing perceptions of unfairness or favoritism among other firearm owners and dealers not granted such exemptions.
Law enforcement agencies could see expanded roles and responsibilities, particularly in relation to enforcing the new restrictions and overseeing buy-back programs. This could place additional demands on resources without clear guidelines on funding and execution.
Overall, while the bill seeks to improve public safety by regulating specific firearms, its success will depend heavily on the clarity of its implementation and its ability to address the current concerns surrounding ambiguity and enforcement.
Financial Assessment
The bill, known as H.R. 2790 or the "Gas-Operated Semi-Automatic Firearms Exclusion Act" (GOSAFE Act), includes several financial references and allocations that play a pivotal role in its implementation and enforcement.
Financial Penalties and Fines
The bill stipulates that individuals who violate subsections (v) or (w) of section 922 will face penalties. This includes a fine of up to $5,000 or imprisonment for no more than 12 months, or both, for each offense. Additionally, those who violate section 922(v) while committing another federal offense punishable by over a year of imprisonment may face fines of up to $250,000 and imprisonment ranging from a minimum of 2 years to a maximum of 10 years. These fines serve as a deterrent against the unlawful possession, manufacture, or transfer of regulated firearms and devices. However, as observed in the issues, these penalties may not provide a sufficiently strong deterrent, especially for serious offenses involving firearms.
Byrne Grants and Buy-back Programs
The Act allows the use of Byrne grants for compensating individuals who surrender gas-operated semi-automatic firearms and large capacity ammunition feeding devices in buy-back programs. While these funds aim to reduce the number of such firearms in circulation, the bill lacks specific details on how these buy-back programs will be implemented and overseen. This absence of detail is highlighted as a potential issue, as it could lead to the mismanagement or misuse of the funds allocated for these programs. Inconsistencies or perceptions of unfairness in compensation could further undermine the effectiveness of these initiatives.
Firearm Safety Trust Fund
The bill establishes a Firearm Safety Trust Fund, which will collect fees associated with applications for the approval of semi-automatic firearm designs and taxes related to firearms. The funds are intended to be used by the Attorney General to carry out the requirements of the GOSAFE Act and other firearms regulations. The bill mandates that these fees should be substantial enough to cover the costs of processing applications, ensuring the fund's adequacy in supporting its objectives.
Conclusion
Overall, the financial components of the GOSAFE Act, such as fines, Byrne grants, and the Firearm Safety Trust Fund, are crucial for the bill’s enforcement and success. However, the lack of specific guidelines and standards concerning the implementation and oversight of the buy-back programs and the firearm safety trust fund's administration may pose challenges, as noted in the identified issues. Clearer frameworks and criteria could improve the effectiveness and public perception of these financial mechanisms.
Issues
The bill proposes a fine not exceeding $5,000 or imprisonment for not more than 12 months for violating subsection (v) or (w) of section 922, which might not be sufficiently deterrent for serious offenses involving firearms (Section 4).
The bill mandates complex applications and appeals processes for firearm design approval and prohibited firearm determinations that may be difficult to understand and apply consistently (Sections 5 and 935).
The implementation and oversight of buy-back programs for gas-operated semi-automatic firearms and large capacity ammunition feeding devices lack specific details, which could lead to potential misuse or mismanagement of the funds (Section 3).
The document contains highly technical language and differentiation of firearms based on specific operational characteristics, which may not be easily understood by the general public or lawmakers and could lead to difficulties in interpretation and enforcement (Section 2).
The Attorney General has the broad authority to approve or deny firearm design applications and prohibited firearm determinations without detailed standards, which could lead to inconsistent decision-making (Section 5 and 935).
The bill requires manufacturers to submit physical samples of firearms, which could pose issues regarding storage, security, and logistics, and there is no guidance on how these issues would be managed (Section 5).
There is no specification of the criteria or process for determining compensation for firearms and devices surrendered in buy-back programs, risking inconsistent or unjust compensation (Section 3).
The exceptions for certain entities such as government agencies and their contractors may suggest special treatment, leading to perceptions of favoritism (Section 2).
The bill mandates marking certain firearms and ammunition devices but lacks clear guidelines on enforcement or resource allocation, creating potential administrative challenges (Section 2).
The use of the 'arbitrary and capricious' standard for judicial review of Attorney General decisions might limit effective judicial intervention and could lead to inconsistent outcomes (Section 935).
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the bill provides the short title, stating that the act can be referred to as the “Gas-Operated Semi-Automatic Firearms Exclusion Act” or the “GOSAFE Act”.
2. Restrictions Read Opens in new tab
Summary AI
The bill defines several terms related to firearms, such as semi-automatic firearm, cycle the action, and large capacity ammunition feeding device, and places restrictions on the import, sale, manufacture, transfer, and possession of certain firearms and ammunition feeding devices. These restrictions include prohibiting gas-operated semi-automatic firearms and large capacity ammunition feeding devices, with certain exceptions for government and specific licensed entities.
3. Use of Byrne grants for buy-back programs for gas-operated semi-automatic firearms and large capacity ammunition feeding devices Read Opens in new tab
Summary AI
The section amends a part of the Omnibus Crime Control and Safe Streets Act of 1968 to allow Byrne grants to be used for buy-back programs that provide compensation to individuals who surrender gas-operated semi-automatic firearms and large capacity ammunition feeding devices.
4. Penalties Read Opens in new tab
Summary AI
The amended Section 924(a) of title 18 of the United States Code specifies penalties for violations related to certain firearms. A person who breaks specific laws about firearms, like owning certain semi-automatic guns, could face a fine up to $5,000 and/or up to one year in jail. If someone uses a restricted firearm while committing another serious crime, they could be fined up to $250,000 and/or face a jail term between two and ten years.
Money References
- 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.
- 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.”.
5. Prohibited firearm determinations Read Opens in new tab
Summary AI
The bill section establishes procedures for determining which semi-automatic firearms are prohibited, requiring the Attorney General to publish a list of these firearms. It outlines responsibilities for firearm design approvals, application fees, and provides a process for manufacturers to appeal application denials, including options for judicial review, funding provisions through a Firearm Safety Trust Fund, and specifies a right of action for individuals if the Attorney General removes a firearm from the list.
935. Prohibited firearm determinations Read Opens in new tab
Summary AI
The section outlines the responsibilities of the Attorney General and the Bureau of Alcohol, Tobacco, Firearms, and Explosives in determining which semi-automatic firearms are prohibited. It includes guidelines for firearm design approvals, the appeal process for denied applications, and the establishment of a fund for activities related to firearm safety.