H.R.2790 - Gas-Operated Semi-Automatic Firearms Exclusion Act; GOSAFE Act (119th Congress)
Summary
H.R.2790, also known as the Gas-Operated Semi-Automatic Firearms Exclusion Act or GOSAFE Act, aims to restrict the possession of certain firearms by amending Title 18 of the United States Code. The bill defines 'semi-automatic firearm' and 'gas-operated' in detail, establishing criteria for prohibited firearms and devices. It also addresses large capacity ammunition feeding devices.
The Act introduces prohibitions on the import, sale, manufacture, transfer, receipt, or possession of specific firearms and related devices, with certain exceptions for governmental entities, licensed atomic energy facilities, and lawful pre-existing ownership. It also includes provisions for firearm buy-back programs and increased penalties for violations.
Finally, the bill mandates the Attorney General to publish a list of prohibited firearms and establishes a process for manufacturers to apply for firearm design approvals, including judicial review of denials and the creation of a Firearm Safety Trust Fund.
Expected Effects
The GOSAFE Act, if enacted, would significantly restrict access to certain types of firearms, particularly gas-operated semi-automatic firearms and large capacity ammunition feeding devices. This would likely lead to a decrease in the availability of these firearms to the general public.
It would also create a new regulatory framework for firearm manufacturers, requiring them to seek approval for new firearm designs. This could potentially slow down the introduction of new firearms to the market and increase costs for manufacturers.
Additionally, the Act could lead to increased costs for law enforcement and the judicial system due to the enforcement of the new prohibitions and the processing of applications and appeals.
Potential Benefits
- Potential reduction in gun violence due to restricted access to certain firearms.
- Increased public safety through the prohibition of devices that materially increase the rate of fire of semi-automatic firearms.
- Funding for buy-back programs for gas-operated semi-automatic firearms and large capacity ammunition feeding devices.
- Establishment of a Firearm Safety Trust Fund to support the implementation of the Act.
- Mandatory purchaser acknowledgment of the list of prohibited firearms, potentially increasing awareness of firearm restrictions.
Most Benefited Areas:
Potential Disadvantages
- Potential infringement on the Second Amendment rights of law-abiding citizens.
- Increased costs for firearm manufacturers due to the requirement for design approvals.
- Potential for the Act to be challenged in court on constitutional grounds.
- Possible creation of a black market for prohibited firearms and devices.
- Unclear definition of 'materially increases the rate of fire,' potentially leading to arbitrary enforcement.
Constitutional Alignment
The GOSAFE Act's constitutional alignment is complex, particularly concerning the Second Amendment, which guarantees the right of the people to keep and bear Arms. The Act's restrictions on certain firearms and devices could be viewed as an infringement on this right.
However, the Supreme Court has also recognized that the Second Amendment is not unlimited and that reasonable restrictions on firearms are permissible. The Act's exceptions for governmental entities and licensed atomic energy facilities could be interpreted as attempts to balance public safety with individual rights.
The Act's provisions for judicial review of firearm design denials and private right of action could also be seen as promoting due process and accountability, aligning with constitutional principles.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).