April 16 (legislative day, April 14), 2026
Mr. Kaine (for himself and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To reform Federal firearms laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title; table of contents
(a) Short title
This Act may be cited as the Virginia Plan to Reduce Gun Violence Act of 2026
.
(b) Table of contents
The table of contents for this Act is as follows:
Title I Firearm sales
Sec. 101. Firearms transfers
(a) Offense
Section 922 of title 18, United States Code, is amended by adding at the end the following:
(aa)
(1)
(A)
It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t).
(B)
Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.
(C)
If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter.
(2)
Paragraph (1) shall not apply to—
(A)
a law enforcement agency or any law enforcement officer, armed private security professional, or member of the Armed Forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;
(B)
a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren;
(C)
a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person;
(D)
a temporary transfer that is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse;
(E)
a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or
(F)
a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee's possession of the firearm is exclusively—
(i)
at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting;
(ii)
while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor—
(I)
has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and
(II)
has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or
(iii)
while in the presence of the transferor.
(3)
(A)
Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.
(B)
Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1).
(C)
Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers.
(D)
Regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph (1).
(4)
It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.
(b) Effective date
The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act.
Sec. 102. Handgun sales
(a) Limitation on multiple handgun purchases
Section 922 of title 18, United States Code, as amended by section 101, is amended by adding at the end the following:
(bb)
(1)
Except as provided in paragraph (2), it shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to purchase more than 1 handgun in a 30-day period.
(2)
Paragraph (1) shall not apply to—
(A)
an individual with a certificate issued by a law enforcement agency of the State in which the individual resides certifying the individual has passed an enhanced background check;
(B)
a law enforcement agency or law enforcement officer or member of the Armed Forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;
(C)
a State or local correctional facility;
(D)
a private security company licensed by the State or unit of local government in which the company operates; or
(E)
the purchase of a handgun that is—
(i)
an antique firearm; or
(ii)
listed as a curio or relic by the Attorney General pursuant to section 921(a)(13) by a licensed collector.
(b) Effective date
The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act.
Sec. 103. Ghost guns
(a) In general
Section 922(p) of title 18, United States Code, is amended—
(1)
by striking (p)(1) It shall be unlawful
and all that follows through the end of paragraph (1) and inserting the following:
(p)
(1)
(A)
It shall be unlawful for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm that—
(i)
after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or
(ii)
after removal of all parts other than a major component, is not detectable as a firearm when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports, government buildings, schools, correctional facilities, and other locations for security screening.
(B)
It shall be unlawful for any person to—
(i)
knowingly possess a firearm or any completed or unfinished frame or receiver that is not imprinted with a valid serial number; or
(ii)
knowingly import, purchase, sell, offer for sale, or transfer ownership any completed or unfinished frame or receiver, unless the completed or unfinished frame or receiver—
(I)
is a firearm; and
(II)
is imprinted with a valid serial number.
(C)
It shall be unlawful for any person to manufacture or assemble, cause to be manufactured or assembled, import, purchase, sell, offer for sale, or transfer ownership of any firearm that is not imprinted with a valid serial number.; and
(2)
in paragraph (2), by striking subparagraph (C) and inserting the following:
(C)
the term Security Exemplar means an object, to be fabricated at the direction of the Attorney General, that is suitable for testing and calibrating metal detectors.
(b) Applicability
The amendments made by subsection (a) shall take effect 1 year after the date of enactment of this Act.
Sec. 104. Assault weapons
(a) Definition
Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
(39)
(A)
The term assault weapon means each of the following:
(i)
A semi-automatic center-fire rifle or pistol with a fixed magazine capacity in excess of 15 rounds.
(ii)
A semi-automatic center-fire rifle that meets the following criteria:
(I)
Has the ability to accept a detachable magazine, not including an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition.
(II)
Has 1 or more of the following characteristics:
(aa)
A folding, telescoping, or collapsible stock.
(bb)
A thumbhole stock or pistol grip that protrudes conspicuously beneath the action of the rifle.
(cc)
A second handgrip or a protruding grip that can be held by the non-trigger hand.
(dd)
A grenade launcher.
(ee)
A threaded barrel capable of accepting—
(AA)
a muzzle brake;
(BB)
a muzzle compensator;
(CC)
a sound suppressor; or
(DD)
a flash suppressor.
(iii)
A semi-automatic center-fire pistol that has 2 or more of the following characteristics:
(I)
A second handgrip or a protruding grip that can be held by the non-trigger hand.
(II)
The capacity to accept a magazine that attaches to the pistol outside of the pistol grip.
(III)
A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the pistol with the non-trigger hand without being burned.
(IV)
A threaded barrel capable of accepting—
(aa)
a sound suppressor;
(bb)
a flash suppressor;
(cc)
a barrel extender; or
(dd)
a forward handgrip.
(V)
A buffer tube, arm brace, or other part that protrudes horizontally behind the pistol grip and is designed or redesigned to allow or facilitate the firing of a firearm from the shoulder.
(iv)
A semi-automatic shotgun that meets the following criteria:
(I)
Expels single or multiple projectiles by action of an explosion of a combustible material.
(II)
Has 1 or more of the following characteristics:
(aa)
A folding, telescoping, or collapsible stock.
(bb)
The ability to accept a detachable magazine.
(cc)
A fixed magazine capacity in excess of 15 rounds.
(dd)
Any characteristic of like kind, as enumerated in items (aa), (bb), and (cc).
(v)
A shotgun with a revolving cylinder.
(vi)
A firearm that has the capacity to accept a belt ammunition feeding device.
(vii)
A firearm that has been modified to be operable as a firearm as described in clauses (i) through (vi).
(B)
The term assault weapon does not include a firearm that—
(i)
is an antique firearm;
(ii)
has been rendered permanently inoperable; or
(iii)
is manually operated by bolt, pump, lever, or slide action.
(b) Prohibition on assault weapons
(1) In general
Section 922 of title 18, United States Code, is amended—
(A)
in subsection (a)(4), by inserting assault weapon,
before machinegun
; and
(B)
in subsection (b)(4), by inserting assault weapon,
before machinegun
.
(2) Enhanced penalties for crimes of violence and drug trafficking crimes
Section 924 of title 18, United States Code, is amended—
(A)
in subsection (c)(1), by striking a machinegun or
each place it appears and inserting an assault weapon, a machinegun, or
; and
(B)
in subsection (o), by striking a machinegun or
and inserting an assault weapon, machinegun, or
.
(3) Carrying of concealed firearms by retired law enforcement officers
Section 926C(e)(C) of title 18, United States Code, is amended—
(A)
in clause (ii), by striking and
at the end;
(B)
in clause (ii), by striking and
at the end; and
(C)
by adding at the end the following:
(iv)
any assault weapon; and
(c) Prohibition on possession of assault weapons by individuals under 18
(1) In general
Section 922 of title 18, United States Code, as amended by section 102 of this Act, is amended by adding at the end the following:
(cc) Prohibition on possession of assault weapons by individuals under 18
(1) In general
Subject to paragraph (2), it shall be unlawful for any individual who is less than 18 years of age to possess an assault weapon.
(2) Exceptions
Paragraph (1) shall not apply to—
(A)
any person while present in his or her home or on the property of his or her parent, grandparent, or legal guardian and possessing the assault weapon with the consent of his or her parent, grandparent, or legal guardian who owns the assault weapon;
(B)
any person who, while accompanied by an adult, is present at a lawful shooting range or firearms educational class, provided that the weapons are unloaded while being transported;
(C)
any person who, while accompanied by an adult, is actually engaged in lawful hunting;
(D)
any person while engaged in official training or carrying out his or her duties as a law enforcement officer or as a member of the Armed Forces (including as a member of a reserve component);
(E)
any cadet who is participating in training, competitive, or ceremonial activities as a member of the Corps of Cadets or the Reserve Officers' Training Corps at a public institution of higher education; or
(F)
any active duty law enforcement officer in the course of his or her duties, including as part of training as a recruit at a law enforcement academy.
(2) Penalty
Section 924 of title 18, United States Code, is amended—
(A)
in subsection (a)(1), by striking or (p)
and inserting (p), or (q)
; and
(B)
by adding at the end the following:
(q)
A person who violates section 922(cc) shall be fined not more than $2,500, imprisoned for not more than 1 year, or both.
(d) Applicability
The amendments made by this section shall take effect 1 year after the date of enactment of this Act.
Title II Extreme Risk Protection Orders
Sec. 201. Definitions
In this title:
(1) Eligible entity
The term eligible entity means—
(A)
a State or Indian Tribe—
(i)
that enacts legislation described in section 203;
(ii)
with respect to which the Attorney General determines that the legislation described in clause (i) complies with the requirements of section 203; and
(iii)
that certifies to the Attorney General that the State or Indian Tribe shall—
(I)
use a grant under section 202 for the purposes described in section 202(b); and
(II)
allocate not less than 25 percent of the amount received under the grant for training for law enforcement officers; or
(B)
a unit of local government or other public or private entity that—
(i)
is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i) and (ii) of subparagraph (A); and
(ii)
certifies to the Attorney General that the unit of local government or entity shall—
(I)
use a grant under section 202 for the purposes described in section 202(b); and
(II)
allocate not less than 25 percent of the amount received under the grant for training for law enforcement officers.
(2) Extreme risk protection order
The term extreme risk protection order means a written order or warrant, issued by a State or Tribal court or signed by a magistrate (or other comparable judicial officer), the primary purpose of which is to reduce the risk of firearm-related death or injury by doing 1 or more of the following:
(A)
Prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving a firearm.
(B)
Having a firearm removed or requiring the surrender of firearms from a named individual.
(3) Firearm
The term firearm has the meaning given the term in section 921 of title 18, United States Code.
(4) Indian tribe
The term Indian Tribe has the meaning given the term Indian tribe in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389).
(5) Law enforcement officer
The term law enforcement officer means a public servant authorized by State, local, or Tribal law or by a State, local, or Tribal government agency to—
(A)
engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or
(B)
supervise sentenced criminal offenders.
(6) Petitioner
The term petitioner means an individual authorized under State or Tribal law to petition for an extreme risk protection order.
(7) State
The term State means—
(A)
a State;
(B)
the District of Columbia;
(C)
the Commonwealth of Puerto Rico; and
(D)
any other territory or possession of the United States.
(8) Unit of local government
The term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
Sec. 202. Extreme risk protection grant program
(a) In general
The Director of the Office of Community Oriented Policing Services of the Department of Justice shall establish a program under which, from amounts made available to carry out this section, the Director may make grants to eligible entities to assist in carrying out the provisions of the legislation described in section 203.
(b) Use of funds
Funds awarded under this section may be used by an applicant to—
(1)
enhance the capacity of law enforcement agencies and the courts of a State, unit of local government, or Indian Tribe by providing personnel, training, technical assistance, data collection, and other resources to carry out legislation described in section 203;
(2)
train judges, court personnel, and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence;
(3)
develop and implement law enforcement and court protocols, forms, and orders so that law enforcement agencies and the courts may carry out the provisions of the legislation described in section 203 in a safe and effective manner, including through the removal and storage of firearms pursuant to extreme risk protection orders under the legislation; and
(4)
raise public awareness and understanding of the legislation described in section 203 so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury.
(c) Application
An eligible entity desiring a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require.
(d) Incentives
For each of fiscal years 2024 through 2028, the Attorney General shall give affirmative preference in awarding any discretionary grant awarded by the Bureau of Justice Assistance to a State or Indian Tribe that has enacted legislation described in section 203.
(e) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Sec. 203. National extreme risk protection order law
(a) Requirements
Legislation described in this section is legislation that establishes requirements that are substantially similar to the following:
(1) Application for extreme risk protection order
A petitioner, including a law enforcement officer, may submit an application to a State or Tribal court, on a form designed by the court or a State or Tribal agency, that—
(A)
describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and
(B)
is signed by the applicant, under oath.
(2) Notice
The individual named in an application for an extreme risk protection order as described in paragraph (1) shall be given—
(A)
written notice of the application;
(B)
an opportunity to be heard on the matter in accordance with this section; and
(C)
an opportunity to voluntarily surrender any firearm in the possession of the individual.
(3) Issuance of extreme risk protection orders
(A) Hearing
(i) In general
Upon receipt of an application described in paragraph (1), or request of an individual named in such application, the court shall order a hearing to be held not later than 30 days after the date of such application or request.
(ii) Determination
After a hearing described in clause (i), if the court finds by a preponderance of the evidence that the respondent poses a danger of causing harm to himself or herself or to another individual by having access to a firearm, the court may issue an extreme risk protection order.
(B) Length of extreme risk protection order
An extreme risk protection order shall be in effect until—
(i)
an order is entered terminating or superseding the extreme risk protection order; or
(ii)
the date, if any, specified in the extreme risk protection order.
(C) Return of firearms
After a hearing conducted under this paragraph, if the Court finds that the respondent does not pose a substantial risk of personal injury to himself or herself or to another individual by having access to a firearm, the court shall order that each firearm surrendered, transferred, or removed under paragraph (5) shall be returned to the respondent.
(4) Ex parte extreme risk protection orders
(A) In general
Upon receipt of an application described in paragraph (1), the court may issue an ex parte extreme risk protection order before conducting the hearing required under paragraph (3), if—
(i)
the application for an extreme risk protection order alleges that the respondent poses a danger of causing harm to himself, herself, or others in the near future by having access to a firearm; and
(ii)
the court finds there is reasonable cause to believe that the respondent poses a danger of causing harm to himself, herself, or others in the near future by having access to a firearm.
(B) Length of ex parte extreme risk protection order
An ex parte extreme risk protection order shall be in effect for a period not to exceed 30 days, unless continued for good cause.
(5) Surrender and removal of firearms
(A) In general
Upon receipt of notice under paragraph (1), the individual who is the subject of an extreme risk protection order application shall surrender to a law enforcement agency, or transfer to a third party, all firearms in the possession of the individual.
(B) Removal
If an individual described in subparagraph (A) does not surrender or transfer all firearms in the possession of the individual, the firearms shall be removed by a law enforcement officer with appropriate jurisdiction.
(6) Storage of removed firearms
All firearms removed by, or surrendered to, a law enforcement officer under paragraph (5) shall be retained by the law enforcement officer or appropriate law enforcement agency until the named individual regains his or her eligibility to possess firearms, except that the legislation may authorize a law enforcement agency to—
(A)
contract with a manufacturer, dealer, or importer licensed under chapter 44 of title 18, United States Code, for the secure storage of firearms; and
(B)
transfer the firearm upon proof that the named individual will no longer have access to the firearm.
(7) Notification
(A) In general
A State or tribal court that issues an extreme risk protection order shall notify the Department of Justice or the comparable State or Tribal agency, as applicable, of the order as soon as practicable. Such notice shall be submitted in an electronic format, in a manner prescribed by the Department of Justice or the comparable State or Tribal agency.
(B) Update of databases
As soon as practicable after receiving a notification under subparagraph (A), the Department of Justice or the comparable State or Tribal agency shall ensure the extreme risk protection order is reflected in the National Instant Criminal Background Check System.
(8) Confidentiality protections
All personally identifiable information provided to the court, the Department of Justice, and comparable State or Tribal agencies shall be kept confidential, as required by the laws of the jurisdiction, except as necessary to carry out the legislation.
(9) Minors
If an extreme risk protection order is issued with respect to an individual who is less than 18 years of age, a copy of the extreme risk protection order shall be served on the parent or guardian of such individual at any address where such individual resides, or the local board of social services in the case where such individual is the subject of a dependency or court-approved out-of-home placement.
(b) Additional authorities
Legislation described in this section may—
(1)
provide procedures for the termination of an extreme risk protection order;
(2)
provide procedures for the renewal of an extreme risk protection order;
(3)
establish burdens of proof for issuance of orders described in paragraphs (3) and (4) of subsection (a) that are higher than the burdens of proof required under those paragraphs;
(4)
limit the individuals who may submit an application described in subsection (a)(1), provided that, at a minimum, law enforcement officers are authorized to do so; and
(5)
include other authorizations or requirements that the State or Indian Tribe determines appropriate.
Sec. 204. Federal firearms prohibition
(a) In general
Section 922 of title 18, United States Code, is amended—
(1)
in subsection (d)—
(A)
in paragraph (10), by striking or
at the end;
(B)
by redesignating paragraph (11) as paragraph (12);
(C)
by inserting after paragraph (10) the following:
(11)
is subject to a court order that prohibits such person from having under his or her custody or control, owning, purchasing, possessing, or receiving any firearms, or requires the surrender or removal of firearms from the person, provided that the order—
(A)
is issued in a manner consistent with the due process rights of the person; and
(B)
is based on a finding that the person poses a danger of causing harm to himself, herself, or others by having access to a firearm; or; and
(D)
in paragraph (12), as so redesignated, by striking through (10)
and inserting through (11)
; and
(2)
in subsection (g)—
(A)
in paragraph (8)(C)(ii), by striking or
at the end;
(B)
in paragraph (9), by striking the comma at the end and inserting ; or
; and
(C)
by inserting after paragraph (9) the following:
(10)
is subject to a court order that prohibits such person from having under his or her custody or control, owning, purchasing, possessing, or receiving any firearms, or requires the surrender or removal of firearms from the person, provided that the order—
(A)
is issued in a manner consistent with the due process rights of the person; and
(B)
is based on a finding that the person poses a danger of causing harm to himself, herself, or others by having access to a firearm,
(b) Conforming amendment
Section 3(1) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40903(1)) is amended by striking section 922(g)(8)
and inserting paragraph (8) or (12) of section 922(g)
.
Sec. 205. Full faith and credit
Any extreme risk protection order issued under a State or Tribal law enacted in accordance with this title shall be accorded the same full faith and credit by the court of another State or Indian Tribe (in this section referred to as the enforcing State or Indian Tribe
) and enforced by the court and law enforcement personnel of the other State or Tribal government as if it were the order of the enforcing State or Tribe.
Title III Firearm safety requirements
Sec. 301. Reporting lost or stolen firearms
(a) Offense
(1) In general
Section 922 of title 18, United States Code, as amended by section 104 of this Act, is amended by adding at the end the following:
(dd)
(1)
It shall be unlawful for a person to fail to provide notice to an appropriate State or local law enforcement agency of a firearm of the individual which has been shipped or transported in interstate or foreign commerce, other than an antique firearm, that was lost or stolen within 48 hours after the person discovers the loss or theft or is informed by another person with knowledge of the loss or theft.
(2)
Except as provided in paragraph (3), a person who, in good faith, reports the loss or theft of a firearm under this subsection shall not be liable for any acts or omissions that result from the theft or loss of the firearm.
(3)
Paragraph (2) shall not apply to any person who—
(A)
knowingly reports a false loss or theft under this subsection; or
(B)
stored the firearm in a reckless or negligent manner under this subsection.
(2) Penalty
Section 924 of title 18, United States Code, as amended by section 104 of this Act, is amended—
(A)
in subsection (a)(1), by striking or (q)
and inserting (q), or (r)
; and
(B)
by adding at the end the following:
(r)
A person who violates section 922(dd) shall be subject to a civil penalty of not more than $250.
(b) Effective date
The amendments made by subsection (a) shall take effect 180 days after the date of enactment of this Act.
(c) Reporting
(1) In general
Each State and local law enforcement agency shall report to the National Crime Information Center any lost or stolen firearm that is reported to the agency under section 922(dd) of title 18, United States Code, as amended by subsection (a).
(2) Use of funds requirements
Section 502(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10153(a)) is amended by adding at the end the following:
(7)
An assurance that, for each fiscal year covered by an application, the applicant will use not less than 5 percent of the total amount of the grant award for the fiscal year to study and implement effective management and collection of data relating to lost or stolen firearms reported to the a law enforcement agency of the applicant under section 922(dd) of title 18, United States Code, unless the applicant has ensured, and the Attorney General has certified, that the applicant and each local law enforcement agency of the applicant is in substantial compliance with the reporting requirement in section 301(c)(1) of the Virginia Plan to Reduce Gun Violence Act of 2026.
Sec. 302. Access to firearms by minors
(a) Offense
Section 922(z) of title 18, United States Code, is amended by adding at the end the following:
(4) Minors
(A) In general
It shall be unlawful for a person to recklessly leave a loaded and unsecured firearm, which has moved in, or that has otherwise affected, interstate or foreign commerce, in such a manner as to endanger the life or limb of any other person who is under 18 years of age.
(B) Exceptions
Subparagraph (A) shall not apply to a person if the person—
(i)
keeps the firearm—
(I)
secure using a secure gun storage or safety device; or
(II)
in a location which a reasonable person would believe to be secure; or
(ii)
carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person.
(b) Penalty
Section 924 of title 18, United States Code, as amended by section 301, is amended—
(1)
in subsection (a)(1), by striking or (r)
and inserting (r), or (s)
; and
(2)
by adding at the end the following:
(s)
A person who violates section 922(z)(4) shall be imprisoned for not more than 1 year, fined not more than $2,500, or both.
(c) Effective date
The amendment made by subsection (a) shall take effect 180 days after the date of enactment of this Act.
Sec. 303. Prohibiting stalkers and individuals subject to court order from possessing a firearm
(a) In general
Section 922 of title 18, United States Code, as amended by section 204 of this Act, is amended—
(1)
in subsection (d)—
(A)
in paragraph (8), by striking that restrains such person
and all that follows, and inserting described in subsection (g)(8);
;
(B)
in paragraph (11)(B), by striking or
at the end;
(C)
by redesignating paragraph (12) as paragraph (13);
(D)
by inserting after paragraph (11) the following:
(12)
has been convicted in any court of a misdemeanor crime of stalking; or; and
(E)
in paragraph (13), as so redesignated, by striking through (11)
and inserting through (12)
; and
(2)
in subsection (g)—
(A)
by amending paragraph (8) to read as follows:
(8)
who is subject to a court order—
(A)
that was issued—
(i)
after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or
(ii)
in the case of an ex parte order, relative to which notice and opportunity to be heard are provided—
(I)
within the time required by State, tribal, or territorial law; and
(II)
in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the person;
(B)
that restrains such person from—
(i)
harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; or
(ii)
intimidating or dissuading a witness from testifying in court; and
(C)
that—
(i)
includes a finding that such person represents a credible threat to the physical safety of such individual described in subparagraph (B); or
(ii)
by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such individual described in subparagraph (B) that would reasonably be expected to cause bodily injury;;
(B)
in paragraph (9), by striking or
at the end;
(C)
in paragraph (10), by striking the comma at the end and inserting ; or
; and
(D)
by inserting after paragraph (10) the following:
(11)
who has been convicted in any court of a misdemeanor crime of stalking,
(b) Definition
Section 921(a) of title 18, United States Code, is amended—
(1)
by redesignating paragraphs (34) and (35) as paragraphs (35) and (36) respectively; and
(2)
by inserting after paragraph (33) the following:
(34)
(A)
The term misdemeanor crime of stalking means an offense that—
(i)
is a misdemeanor crime of stalking under Federal, State, Tribal, or municipal law; and
(ii)
is a course of harassment, intimidation, or surveillance of another person that—
(I)
places that person in reasonable fear of material harm to the health or safety of—
(aa)
that person;
(bb)
an immediate family member (as defined in section 115) of that person;
(cc)
a household member of that person; or
(dd)
a spouse or intimate partner of that person; or
(II)
causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I).
(B)
A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
(i)
the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(ii)
in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either—
(I)
the case was tried by a jury; or
(II)
the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(C)
A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Sec. 304. Causing or enabling a child to gain possession of a firearm
(a) In general
Section 922 of title 18, United States Code, as amended by section 301 of this Act, is amended by adding at the end the following:
(ee)
(1)
In this subsection—
(A)
the term covered caregiver means a parent, a guardian, or another person who is not less than 18 years of age who is responsible for the care of a child under 18 years of age; and
(B)
the term violent felony has the meaning given that term in section 924(e)(2).
(2)
It shall be unlawful for a covered caregiver to, through a willful act or a willful failure to act, cause or enable a child in the care of the covered caregiver who is under 18 years of age to gain possession of a firearm—
(A)
after having received notice from a child welfare (or other comparable) agency, from a mental health provider for the child, or from an educational institution attended by the child that the child poses a risk of violence or physical harm to himself or herself or to others; or
(B)
after the covered caregiver knows or reasonably should know that—
(i)
the child has charges pending for or has been convicted or adjudicated delinquent of a violent felony; or
(ii)
the child has been determined by a State, local, Tribal, or Federal court to pose a risk of physical harm to himself or herself or to others.
(3)
(A)
A covered caregiver shall not be in violation of paragraph (2)(A) if, at the time of the applicable act or failure to act, the covered caregiver has received notice from a provider or entity listed in such paragraph that the child no longer poses a risk of violence or physical harm to himself or herself or to others.
(B)
A covered caregiver shall not be in violation of paragraph (2)(B) if, at the time of the applicable act or failure to act, the covered caregiver has received notice that any pending charge for a violent felony has been dismissed or a nolle prosequi has been entered.
(4)
It is an affirmative defense to prosecution for a violation of paragraph (2) that the covered caregiver enabled a child to gain possession of a firearm while in a dwelling because of a reasonable belief that the covered caregiver or the child was in imminent danger of bodily injury.
(b) Penalty
Section 924 of title 18, United States Code, as amended by section 302, is amended—
(1)
in subsection (a)(1), by striking or (s)
and inserting (s), or (t)
; and
(2)
by adding at the end the following:
(t)
A person who violates section 922(ee) shall be fined under this title, imprisoned for not more than 10 years, or both.
Title IV Domestic violence relinquishment
Sec. 401. Definitions
In this title:
(1) Eligible entity
The term eligible entity means—
(A)
a State or Indian Tribe—
(i)
that enacts legislation described in section 403;
(ii)
with respect to which the Attorney General determines that the legislation described in clause (i) complies with the requirements of section 403; and
(iii)
that certifies to the Attorney General that the State or Indian Tribe shall—
(I)
use a grant under section 402 for the purposes described in section 402(b); and
(II)
allocate not less than 25 percent of the amount received under the grant for training for law enforcement officers; or
(B)
a unit of local government or other public or private entity that—
(i)
is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i) and (ii) of subparagraph (A); and
(ii)
certifies to the Attorney General that the unit of local government or entity shall—
(I)
use a grant under section 402 for the purposes described in section 402(b); and
(II)
allocate not less than 25 percent of the amount received under the grant for training for law enforcement officers.
(2) Firearm
The term firearm has the meaning given the term in section 921 of title 18, United States Code.
(3) Indian tribe
The term Indian Tribe has the meaning given the term Indian tribe in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389).
(4) Law enforcement officer
The term law enforcement officer means a public servant authorized by State, local, or Tribal law or by a State, local, or Tribal government agency to—
(A)
engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or
(B)
supervise sentenced criminal offenders.
(5) Nonprohibited person
The term nonprohibited person means a person who—
(A)
is not otherwise prohibited by law from possessing a firearm;
(B)
is not less than 21 years of age; and
(C)
does not reside with the applicable prohibited person.
(6) Prohibited person
The term prohibited person means any person prohibited from possessing a firearm under paragraph (8) or (9) of section 922(g) of title 18, United States Code.
(7) Qualifying order
The term qualifying order means an order which triggers the prohibition on possession of a firearm possession under paragraph (8) or (9) of section 922(g) of title 18, United States Code.
(8) State
The term State means—
(A)
a State;
(B)
the District of Columbia;
(C)
the Commonwealth of Puerto Rico; and
(D)
any other territory or possession of the United States.
(9) Unit of local government
The term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
Sec. 402. Domestic violence relinquishment grant program
(a) In general
The Director of the Office of Community Oriented Policing Services of the Department of Justice shall establish a program under which, from amounts made available to carry out this section, the Director may make grants to eligible entities to assist in carrying out the provisions of the legislation described in section 403.
(b) Use of funds
Funds awarded under this section may be used by an applicant to—
(1)
enhance the capacity of law enforcement agencies and courts of a State, unit of local government, or Indian Tribe by providing personnel, training, technical assistance, data collection, and other resources to carry out legislation described in section 403; and
(2)
develop and implement law enforcement and court protocols, forms, and orders so that law enforcement agencies and courts may carry out the provisions of the legislation described in section 403 in a safe and effective manner, including through the removal and storage of firearms pursuant to relinquishment under that legislation.
(c) Application
An eligible entity desiring a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require.
(d) Incentives
For each of fiscal years 2026 through 2030, the Attorney General shall give affirmative preference in awarding any discretionary grant awarded by the Bureau of Justice Assistance to a State or Indian Tribe that has enacted legislation described in section 403.
(e) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
Sec. 403. National domestic violence relinquishment
(a) Requirements
Legislation described in this section is legislation that establishes requirements that are substantially similar to the following:
(1) Individuals covered
An individual is covered by the legislation if the individual—
(A)
is a prohibited person; and
(B)
is in possession of a firearm at the time the applicable qualifying order is issued.
(2) Surrender and removal of firearms
(A) In general
Upon issuance of a qualifying order, the prohibited person shall surrender to a law enforcement agency, or transfer to a nonprohibited person, all firearms in the possession of the individual.
(B) Removal
If an individual described in subparagraph (A) does not surrender or transfer all firearms in the possession of the individual, the firearms shall be removed by a law enforcement officer with appropriate jurisdiction.
(C) Confirmation
The entity issuing the qualifying order and applicable law enforcement agencies shall establish a process to confirm that all firearms in the possession of an individual described in subparagraph (A) are surrendered or transferred in accordance with subparagraph (A) or removed in accordance with subparagraph (B).
(3) Storage of removed firearms
All firearms surrendered to or removed by a law enforcement officer under paragraph (2) shall be retained by the law enforcement officer or appropriate law enforcement agency until the applicable prohibited person regains his or her eligibility to possess firearms, except that the legislation may authorize a law enforcement agency to—
(A)
contract with a manufacturer, dealer, or importer licensed under chapter 44 of title 18, United States Code, for the secure storage of firearms; and
(B)
transfer the firearm to a nonprohibited person upon proof that the applicable prohibited person will no longer have access to the firearm.
(4) Confidentiality protections
All personally identifiable information provided to the court, the Department of Justice, and comparable State or Tribal agencies to carry out the legislation shall be kept confidential, as required by the laws of the jurisdiction, except as necessary to carry out the legislation.
(b) Additional authorities
Legislation described in this section may include other authorizations or requirements that the applicable State or Indian Tribe determines appropriate.
Title V Other firearms matters
Sec. 501. Ban on firearms in institutions of higher education and areas surrounding mental health facilities
(a) Definitions
Section 921(a) of title 18, United States Code, as amended by section 104 of this Act, is amended by adding at the end the following:
(40)
The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(41)
The term mental healthcare facility means a hospital that provides mental health services or s mental health facility, including any hospital that provides mental health services or developmental services, including an emergency department or other facility rendering emergency medical care.
(42)
The term mental healthcare facility zone means—
(A)
in, or on the grounds of, a mental healthcare facility; and
(B)
within a distance of 1,000 feet of a mental healthcare facility.
(b) Prohibition
Section 924 of title 18, United States Code, as amended by section 304 of this Act, is amended by adding at the end the following:
(ff)
(1)
It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is—
(A)
in, or on the grounds of, an institution of higher education; or
(B)
in a mental healthcare facility zone.
(2)
Paragraph (1) does not apply to the possession of a firearm—
(A)
on private property not part of an institution of higher education or mental healthcare facility, or the grounds of the institution or facility;
(B)
if the individual possessing the firearm is licensed to do so by the State in which the institution of higher education or mental healthcare facility zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(C)
that is—
(i)
not loaded; and
(ii)
in a locked container, or a locked firearms rack that is on a motor vehicle;
(D)
by an individual for use in a program approved by the applicable institution of higher education or mental healthcare facility;
(E)
by an individual in accordance with a contract entered into between the applicable institution of higher education or mental healthcare facility and the individual or an employer of the individual;
(F)
by a law enforcement officer acting in his or her official capacity; or
(G)
that is unloaded and is possessed by an individual while traversing the premises of the applicable institution of higher education or mental healthcare facility for the purpose of gaining access to public or private lands open to hunting, if the entry on such premises is authorized by the applicable institution of higher education or mental healthcare facility.
(c) Penalties
Section 924(a) of title 18, United States Code, is amended—
(1)
in paragraph (1)(B), by striking or (q)
and inserting (q), or (ff)
; and
(2)
in paragraph (4), by striking section 922(q)
each place it appears and inserting subsection (q) or (ff) of section 922
.
Sec. 502. Disqualification from possessing firearms for misdemeanor hate crimes
(a) Definition
Section 921(a) of title 18, United States Code, as amended by section 501 of this Act, is amended by adding at the end the following:
(43)
(A)
Except as provided in subparagraph (B), term misdemeanor hate crime means an offense that—
(i)
is a misdemeanor under Federal, State, Tribal, or local law;
(ii)
involves the use or attempted use of physical force, the threatened use of a deadly weapon, or another credible threat to the physical safety of any person; and
(iii)
has, as an element of the offense that the conduct of the offender was because of the actual or perceived race, color, religion, or national origin of any person.
(B)
A person shall not be considered to have been convicted of such an offense for purposes of this chapter unless the order is issued in a manner consistent with the due process rights of the person.
(b) Disqualification
Section 922 of title 18, United States Code, as amended by section 303 of this Act, is amended—
(1)
in subsection (d)—
(A)
in paragraph (12), by striking or
at the end;
(B)
by redesignating paragraph (13) as paragraph (14);
(C)
by inserting after paragraph (12) the following:
(13)
has been convicted in any court of a misdemeanor hate crime; or; and
(D)
in paragraph (14), as so redesignated, by striking through (12)
and inserting through (13)
; and
(2)
in subsection (g)—
(A)
in paragraph (10), by striking or
at the end;
(B)
in paragraph (11), by striking the comma at the end and inserting ; or
; and
(C)
by inserting after paragraph (11) the following:
(12)
who has been convicted in any court of a misdemeanor hate crime,