Sec. 5. Prohibited firearm determinations
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Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 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 Bureau 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). In carrying out this section, the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall— review applications and appeals from licensed manufacturers submitted under subsections
(c)and (d); 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; before removing any gas-operated semi-automatic firearm from the list required under subsection (a), submit to the Attorney General clear and convincing evidence of whether the firearm should be removed from the list; and advise the Attorney General on carrying out the authority described in subsection (a). 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 manufacture, in or affecting interstate or foreign commerce, of such firearm for sale to civilians. 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 contain— a detailed description of the specifications and operation of the firearm; a physical sample of the firearm; any patent application for the firearm; marketing materials and plans; an explanation of why the firearm should not be subject to the prohibition under section 922(v); a description of any features that prevent modification of the firearm; and any other information the Attorney General shall require. 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 written determination approving or denying the application. The Attorney General may request any additional information from the manufacturer necessary to make the determination under subparagraph (A). Not later than 60 days after the date of enactment of this section, the Attorney General shall determine the appropriate fee structure for application submissions under this subsection by licensed manufacturers. 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). There is established in the Treasury of the United States a fund to be known as the Firearm Safety Trust Fund . Notwithstanding section 3302 of title 31, there shall be deposited in the Firearm Safety Trust Fund— all taxes collected by the Bureau of Alcohol, Tobacco, Firearms, and Explosives under subchapter A of chapter 53 of the Internal Revenue Code of 1986; and any fees collected under this paragraph. All amounts deposited in the Firearm Safety Trust Fund shall— 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 ( 26 U.S.C. 5849 et seq. ); and remain available until expended. 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. Not later than 180 days after the date on which an appeal is filed under paragraph (1), the Attorney General shall issue a written determination upholding or revising the denial of the application. Upon a determination by the Attorney General to uphold the denial of an application under paragraph (2), the licensed manufacturer may file a petition for review of the determination in the appropriate district court of the United States. In a review conducted under subparagraph (A), the court may set aside the determination if the determination is found to be arbitrary and capricious. If the Attorney General, acting through the Director of the Bureau of Alcohol, 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. In a review conducted under paragraph (1), the court may grant the petitioner injunctive relief if the determination is found to be arbitrary and capricious. 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. . 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 following: 935. Prohibited firearm determinations. .
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Sec. 5
Prohibited firearm determinations
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