[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4339 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4339
To reform Federal firearms laws, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
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
_______________________________________________________________________
A BILL
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:
Sec. 1. Short title; table of contents.
TITLE I--FIREARM SALES
Sec. 101. Firearms transfers.
Sec. 102. Handgun sales.
Sec. 103. Ghost guns.
Sec. 104. Assault weapons.
TITLE II--EXTREME RISK PROTECTION ORDERS
Sec. 201. Definitions.
Sec. 202. Extreme risk protection grant program.
Sec. 203. National extreme risk protection order law.
Sec. 204. Federal firearms prohibition.
Sec. 205. Full faith and credit.
TITLE III--FIREARM SAFETY REQUIREMENTS
Sec. 301. Reporting lost or stolen firearms.
Sec. 302. Access to firearms by minors.
Sec. 303. Prohibiting stalkers and individuals subject to court order
from possessing a firearm.
Sec. 304. Causing or enabling a child to gain possession of a firearm.
TITLE IV--DOMESTIC VIOLENCE RELINQUISHMENT
Sec. 401. Definitions.
Sec. 402. Domestic violence relinquishment grant program.
Sec. 403. National domestic violence relinquishment.
TITLE V--OTHER FIREARMS MATTERS
Sec. 501. Ban on firearms in institutions of higher education and areas
surrounding mental health facilities.
Sec. 502. Disqualification from possessing firearms for misdemeanor
hate crimes.
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,''.
<all>