II 

118TH CONGRESS 

2D SESSION S. 4131 

To reform Federal firearms laws, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2024 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Virginia Plan to Reduce Gun Violence Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FIREARM SALES 

Sec. 101. Firearms transfers. 

Sec. 102. Handgun sales. 

TITLE II—EXTREME RISK PROTECTION ORDERS 

Sec. 201. Definitions. 

Sec. 202. Extreme risk protection grant program. 


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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. 

1 TITLE I—FIREARM SALES 

2 SEC. 101. FIREARMS TRANSFERS. 

3 (a) OFFENSE.—Section 922 of title 18, United States 

4 Code, is amended by adding at the end the following: 

5 ‘‘(aa)(1)(A) It shall be unlawful for any person who 

6 is not a licensed importer, licensed manufacturer, or li7 censed dealer to transfer a firearm to any other person 

8 who is not so licensed, unless a licensed importer, licensed 

9 manufacturer, or licensed dealer has first taken possession 

10 of the firearm for the purpose of complying with sub11 section (t). 

12 ‘‘(B) Upon taking possession of a firearm under sub13 paragraph (A), a licensee shall comply with all require14 ments of this chapter as if the licensee were transferring 

15 the firearm from the inventory of the licensee to the unli16 censed transferee. 

17 ‘‘(C) If a transfer of a firearm described in subpara18 graph (A) will not be completed for any reason after a 

19 licensee takes possession of the firearm (including because 

20 the transfer of the firearm to, or receipt of the firearm 


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1 by, the transferee would violate this chapter), the return 

2 of the firearm to the transferor by the licensee shall not 

3 constitute the transfer of a firearm for purposes of this 

4 chapter. 

5 ‘‘(2) Paragraph (1) shall not apply to— 

6 ‘‘(A) a law enforcement agency or any law en7 forcement officer, armed private security profes8 sional, or member of the armed forces, to the extent 

9 the officer, professional, or member is acting within 

10 the course and scope of employment and official du11 ties; 

12 ‘‘(B) a transfer that is a loan or bona fide gift 

13 between spouses, between domestic partners, be14 tween parents and their children, including step-par15 ents and their step-children, between siblings, be16 tween aunts or uncles and their nieces or nephews, 

17 or between grandparents and their grandchildren; 

18 ‘‘(C) a transfer to an executor, administrator, 

19 trustee, or personal representative of an estate or a 

20 trust that occurs by operation of law upon the death 

21 of another person; 

22 ‘‘(D) a temporary transfer that is necessary to 

23 prevent imminent death or great bodily harm, if the 

24 possession by the transferee lasts only as long as im25 mediately necessary to prevent the imminent death 


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1 or great bodily harm, including the harm of domestic 

2 violence, dating partner violence, sexual assault, 

3 stalking, and domestic abuse; 

4 ‘‘(E) a transfer that is approved by the Attor5 ney General under section 5812 of the Internal Rev6 enue Code of 1986; or 

7 ‘‘(F) a temporary transfer if the transferor has 

8 no reason to believe that the transferee will use or 

9 intends to use the firearm in a crime or is prohibited 

10 from possessing firearms under State or Federal 

11 law, and the transfer takes place and the trans12 feree’s possession of the firearm is exclusively— 

13 ‘‘(i) at a shooting range or in a shooting 

14 gallery or other area designated for the purpose 

15 of target shooting; 

16 ‘‘(ii) while reasonably necessary for the 

17 purposes of hunting, trapping, or fishing, if the 

18 transferor— 

19 ‘‘(I) has no reason to believe that the 

20 transferee intends to use the firearm in a 

21 place where it is illegal; and 

22 ‘‘(II) has reason to believe that the 

23 transferee will comply with all licensing 

24 and permit requirements for such hunting, 

25 trapping, or fishing; or 


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1 ‘‘(iii) while in the presence of the trans2 feror. 

3 ‘‘(3)(A) Notwithstanding any other provision of this 

4 chapter, the Attorney General may implement this sub5 section with regulations. 

6 ‘‘(B) Regulations promulgated under this paragraph 

7 may not include any provision requiring licensees to facili8 tate transfers in accordance with paragraph (1). 

9 ‘‘(C) Regulations promulgated under this paragraph 

10 may not include any provision requiring persons not li11 censed under this chapter to keep records of background 

12 checks or firearms transfers. 

13 ‘‘(D) Regulations promulgated under this paragraph 

14 may not include any provision placing a cap on the fee 

15 licensees may charge to facilitate transfers in accordance 

16 with paragraph (1). 

17 ‘‘(4) It shall be unlawful for a licensed importer, li18 censed manufacturer, or licensed dealer to transfer posses19 sion of, or title to, a firearm to another person who is 

20 not so licensed unless the importer, manufacturer, or deal21 er has provided such other person with a notice of the 

22 prohibition under paragraph (1), and such other person 

23 has certified that such other person has been provided 

24 with this notice on a form prescribed by the Attorney Gen25 eral.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect 180 days after the date 

3 of enactment of this Act. 

4 SEC. 102. HANDGUN SALES. 

5 (a) LIMITATION ON MULTIPLE HANDGUN PUR6 CHASES.—Section 922 of title 18, United States Code, as 

7 amended by section 101, is amended by adding at the end 

8 the following: 

9 ‘‘(bb)(1) Except as provided in paragraph (2), it shall 

10 be unlawful for any person who is not a licensed importer, 

11 licensed manufacturer, or licensed dealer to purchase more 

12 than 1 handgun in a 30-day period. 

13 ‘‘(2) Paragraph (1) shall not apply to— 

14 ‘‘(A) an individual with a certificate issued by 

15 a law enforcement agency of the State in which the 

16 individual resides certifying the individual has 

17 passed an enhanced background check; 

18 ‘‘(B) a law enforcement agency or law enforce19 ment officer or member of the armed forces, to the 

20 extent the officer, professional, or member is acting 

21 within the course and scope of employment and offi22 cial duties; 

23 ‘‘(C) a State or local correctional facility; 


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1 ‘‘(D) a private security company licensed by the 

2 State or unit of local government in which the com3 pany operates; or 

4 ‘‘(E) the purchase of a handgun that is— 

5 ‘‘(i) an antique firearm; or 

6 ‘‘(ii) listed as a curio or relic by the Attor7 ney General pursuant to section 921(a)(13) by 

8 a licensed collector.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect 180 days after the date 

11 of enactment of this Act. 

12 TITLE II—EXTREME RISK 

13 PROTECTION ORDERS 

14 SEC. 201. DEFINITIONS. 

15 In this title: 

16 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti17 ty’’ means— 

18 (A) a State or Indian Tribe— 

19 (i) that enacts legislation described in 

20 section 203; 

21 (ii) with respect to which the Attorney 

22 General determines that the legislation de23 scribed in clause (i) complies with the re24 quirements of section 203; and 


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1 (iii) that certifies to the Attorney 

2 General that the State or Indian Tribe 

3 shall— 

4 (I) use a grant under section 202 

5 for the purposes described in section 

6 202(b); and 

7 (II) allocate not less than 25 per8 cent of the amount received under the 

9 grant for training for law enforcement 

10 officers; or 

11 (B) a unit of local government or other 

12 public or private entity that— 

13 (i) is located in a State or in the terri14 tory under the jurisdiction of an Indian 

15 Tribe that meets the requirements de16 scribed in clauses (i) and (ii) of subpara17 graph (A); and 

18 (ii) certifies to the Attorney General 

19 that the unit of local government or entity 

20 shall— 

21 (I) use a grant under section 202 

22 for the purposes described in section 

23 202(b); and 

24 (II) allocate not less than 25 per25 cent of the amount received under the 


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1 grant for training for law enforcement 

2 officers. 

3 (2) EXTREME RISK PROTECTION ORDER.—The 

4 term ‘‘extreme risk protection order’’ means a writ5 ten order or warrant, issued by a State or Tribal 

6 court or signed by a magistrate (or other com7 parable judicial officer), the primary purpose of 

8 which is to reduce the risk of firearm-related death 

9 or injury by doing 1 or more of the following: 

10 (A) Prohibiting a named individual from 

11 having under the custody or control of the indi12 vidual, owning, purchasing, possessing, or re13 ceiving a firearm. 

14 (B) Having a firearm removed or requiring 

15 the surrender of firearms from a named indi16 vidual. 

17 (3) FIREARM.—The term ‘‘firearm’’ has the 

18 meaning given the term in section 921 of title 18, 

19 United States Code. 

20 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

21 has the meaning given the term ‘‘Indian tribe’’ in 

22 section 1709 of the Omnibus Crime Control and 

23 Safe Streets Act of 1968 (34 U.S.C. 10389). 

24 (5) LAW ENFORCEMENT OFFICER.—The term 

25 ‘‘law enforcement officer’’ means a public servant 


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1 authorized by State, local, or Tribal law or by a 

2 State, local, or Tribal government agency to— 

3 (A) engage in or supervise the prevention, 

4 detection, investigation, or prosecution of an of5 fense; or 

6 (B) supervise sentenced criminal offenders. 

7 (6) PETITIONER.—The term ‘‘petitioner’’ 

8 means an individual authorized under State or Trib9 al law to petition for an extreme risk protection 

10 order. 

11 (7) STATE.—The term ‘‘State’’ means— 

12 (A) a State; 

13 (B) the District of Columbia; 

14 (C) the Commonwealth of Puerto Rico; 

15 and 

16 (D) any other territory or possession of the 

17 United States. 

18 (8) UNIT OF LOCAL GOVERNMENT.—The term 

19 ‘‘unit of local government’’ has the meaning given 

20 the term in section 901 of title I of the Omnibus 

21 Crime Control and Safe Streets Act of 1968 (34 

22 U.S.C. 10251). 

23 SEC. 202. EXTREME RISK PROTECTION GRANT PROGRAM. 

24 (a) IN GENERAL.—The Director of the Office of 

25 Community Oriented Policing Services of the Department 


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1 of Justice shall establish a program under which, from 

2 amounts made available to carry out this section, the Di3 rector may make grants to eligible entities to assist in car4 rying out the provisions of the legislation described in sec5 tion 203. 

6 (b) USE OF FUNDS.—Funds awarded under this sec7 tion may be used by an applicant to— 

8 (1) enhance the capacity of law enforcement 

9 agencies and the courts of a State, unit of local gov10 ernment, or Indian Tribe by providing personnel, 

11 training, technical assistance, data collection, and 

12 other resources to carry out legislation described in 

13 section 203; 

14 (2) train judges, court personnel, and law en15 forcement officers to more accurately identify indi16 viduals whose access to firearms poses a danger of 

17 causing harm to themselves or others by increasing 

18 the risk of firearms suicide or interpersonal violence; 

19 (3) develop and implement law enforcement and 

20 court protocols, forms, and orders so that law en21 forcement agencies and the courts may carry out the 

22 provisions of the legislation described in section 203 

23 in a safe and effective manner, including through 

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1 treme risk protection orders under the legislation; 

2 and 

3 (4) raise public awareness and understanding of 

4 the legislation described in section 203 so that ex5 treme risk protection orders may be issued in appro6 priate situations to reduce the risk of firearms-re7 lated death and injury. 

8 (c) APPLICATION.—An eligible entity desiring a grant 

9 under this section shall submit to the Attorney General 

10 an application at such time, in such manner, and con11 taining or accompanied by such information as the Attor12 ney General may reasonably require. 

13 (d) INCENTIVES.—For each of fiscal years 2024 

14 through 2028, the Attorney General shall give affirmative 

15 preference in awarding any discretionary grant awarded 

16 by the Bureau of Justice Assistance to a State or Indian 

17 Tribe that has enacted legislation described in section 203. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as are nec20 essary to carry out this section. 

21 SEC. 203. NATIONAL EXTREME RISK PROTECTION ORDER 

22 LAW. 

23 (a) REQUIREMENTS.—Legislation described in this 

24 section is legislation that establishes requirements that are 

25 substantially similar to the following: 


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1 (1) APPLICATION FOR EXTREME RISK PROTEC2 TION ORDER.—A petitioner, including a law enforce3 ment officer, may submit an application to a State 

4 or Tribal court, on a form designed by the court or 

5 a State or Tribal agency, that— 

6 (A) describes the facts and circumstances 

7 justifying that an extreme risk protection order 

8 be issued against the named individual; and 

9 (B) is signed by the applicant, under oath. 

10 (2) NOTICE.—The individual named in an ap11 plication for an extreme risk protection order as de12 scribed in paragraph (1) shall be given— 

13 (A) written notice of the application; 

14 (B) an opportunity to be heard on the 

15 matter in accordance with this section; and 

16 (C) an opportunity to voluntarily surrender 

17 any firearm in the possession of the individual. 

18 (3) ISSUANCE OF EXTREME RISK PROTECTION

19 ORDERS.— 

20 (A) HEARING.— 

21 (i) IN GENERAL.—Upon receipt of an 

22 application described in paragraph (1), or 

23 request of an individual named in such ap24 plication, the court shall order a hearing to 


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1 be held not later than 30 days after the 

2 date of such application or request. 

3 (ii) DETERMINATION.—After a hear4 ing described in clause (i), if the court 

5 finds by a preponderance of the evidence 

6 that the respondent poses a danger of 

7 causing harm to himself or herself or to 

8 another individual by having access to a 

9 firearm, the court may issue an extreme 

10 risk protection order. 

11 (B) LENGTH OF EXTREME RISK PROTEC12 TION ORDER.—An extreme risk protection order 

13 shall be in effect until— 

14 (i) an order is entered terminating or 

15 superseding the extreme risk protection 

16 order; or 

17 (ii) the date, if any, specified in the 

18 extreme risk protection order. 

19 (C) RETURN OF FIREARMS.—After a hear20 ing conducted under this paragraph, if the 

21 Court finds that the respondent does not pose 

22 a substantial risk of personal injury to himself 

23 or herself or to another individual by having ac24 cess to a firearm, the court shall order that 

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1 moved under paragraph (5) shall be returned to 

2 the respondent. 

3 (4) EX PARTE EXTREME RISK PROTECTION OR4 DERS.— 

5 (A) IN GENERAL.—Upon receipt of an ap6 plication described in paragraph (1), the court 

7 may issue an ex parte extreme risk protection 

8 order before conducting the hearing required 

9 under paragraph (3), if— 

10 (i) the application for an extreme risk 

11 protection order alleges that the respond12 ent poses a danger of causing harm to 

13 himself, herself, or others in the near fu14 ture by having access to a firearm; and 

15 (ii) the court finds there is reasonable 

16 cause to believe that the respondent poses 

17 a danger of causing harm to himself, her18 self, or others in the near future by having 

19 access to a firearm. 

20 (B) LENGTH OF EX PARTE EXTREME RISK

21 PROTECTION ORDER.—An ex parte extreme risk 

22 protection order shall be in effect for a period 

23 not to exceed 30 days, unless continued for 

24 good cause. 


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1 (5) SURRENDER AND REMOVAL OF FIRE2 ARMS.— 

3 (A) IN GENERAL.—Upon receipt of notice 

4 under paragraph (1), the individual who is the 

5 subject of an extreme risk protection order ap6 plication shall surrender to a law enforcement 

7 agency, or transfer to a third party, all firearms 

8 in the possession of the individual. 

9 (B) REMOVAL.—If an individual described 

10 in subparagraph (A) does not surrender or 

11 transfer all firearms in the possession of the in12 dividual, the firearms shall be removed by a law 

13 enforcement officer with appropriate jurisdic14 tion. 

15 (6) STORAGE OF REMOVED FIREARMS.—All 

16 firearms removed by, or surrendered to, a law en17 forcement officer under paragraph (5) shall be re18 tained by the law enforcement officer or appropriate 

19 law enforcement agency until the named individual 

20 regains his or her eligibility to possess firearms, ex21 cept that the legislation may authorize a law en22 forcement agency to— 

23 (A) contract with a manufacturer, dealer, 

24 or importer licensed under chapter 44 of title 


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1 18, United States Code, for the secure storage 

2 of firearms; and 

3 (B) transfer the firearm upon proof that 

4 the named individual will no longer have access 

5 to the firearm. 

6 (7) NOTIFICATION.— 

7 (A) IN GENERAL.—A State or tribal court 

8 that issues an extreme risk protection order 

9 shall notify the Department of Justice or the 

10 comparable State or Tribal agency, as applica11 ble, of the order as soon as practicable. Such 

12 notice shall be submitted in an electronic for13 mat, in a manner prescribed by the Department 

14 of Justice or the comparable State or Tribal 

15 agency. 

16 (B) UPDATE OF DATABASES.—As soon as 

17 practicable after receiving a notification under 

18 subparagraph (A), the Department of Justice 

19 or the comparable State or Tribal agency shall 

20 ensure the extreme risk protection order is re21 flected in the National Instant Criminal Back22 ground Check System. 

23 (8) CONFIDENTIALITY PROTECTIONS.—All per24 sonally identifiable information provided to the 

25 court, the Department of Justice, and comparable 


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1 State or Tribal agencies shall be kept confidential, 

2 as required by the laws of the jurisdiction, except as 

3 necessary to carry out the legislation. 

4 (b) ADDITIONAL AUTHORITIES.—Legislation de5 scribed in this section may— 

6 (1) provide procedures for the termination of an 

7 extreme risk protection order; 

8 (2) provide procedures for the renewal of an ex9 treme risk protection order; 

10 (3) establish burdens of proof for issuance of 

11 orders described in paragraphs (3) and (4) of sub12 section (a) that are higher than the burdens of proof 

13 required under those paragraphs; 

14 (4) limit the individuals who may submit an ap15 plication described in subsection (a)(1), provided 

16 that, at a minimum, law enforcement officers are 

17 authorized to do so; and 

18 (5) include other authorizations or requirements 

19 that the State or Indian Tribe determines appro20 priate. 

21 SEC. 204. FEDERAL FIREARMS PROHIBITION. 

22 (a) IN GENERAL.—Section 922 of title 18, United 

23 States Code, is amended— 

24 (1) in subsection (d)— 


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1 (A) in paragraph (10), by striking ‘‘or’’ at 

2 the end; 

3 (B) by redesignating paragraph (11) as 

4 paragraph (12); 

5 (C) by inserting after paragraph (10) the 

6 following: 

7 ‘‘(11) is subject to a court order that prohibits 

8 such person from having under his or her custody or 

9 control, owning, purchasing, possessing, or receiving 

10 any firearms, or requires the surrender or removal 

11 of firearms from the person, provided that the 

12 order— 

13 ‘‘(A) is issued in a manner consistent with 

14 the due process rights of the person; and 

15 ‘‘(B) is based on a finding that the person 

16 poses a danger of causing harm to himself, her17 self, or others by having access to a firearm; 

18 or’’; and 

19 (D) in paragraph (12), as so redesignated, 

20 by striking ‘‘through (10)’’ and inserting 

21 ‘‘through (11)’’; and 

22 (2) in subsection (g)— 

23 (A) in paragraph (8)(C)(ii), by striking 

24 ‘‘or’’ at the end; 


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1 (B) in paragraph (9), by striking the 

2 comma at the end and inserting ‘‘; or’’; and 

3 (C) by inserting after paragraph (9) the 

4 following: 

5 ‘‘(10) is subject to a court order that prohibits 

6 such person from having under his or her custody or 

7 control, owning, purchasing, possessing, or receiving 

8 any firearms, or requires the surrender or removal 

9 of firearms from the person, provided that the 

10 order— 

11 ‘‘(A) is issued in a manner consistent with 

12 the due process rights of the person; and 

13 ‘‘(B) is based on a finding that the person 

14 poses a danger of causing harm to himself, her15 self, or others by having access to a firearm,’’. 

16 (b) CONFORMING AMENDMENT.—Section 3(1) of the 

17 NICS Improvement Amendments Act of 2007 (34 U.S.C. 

18 40903(1)) is amended by striking ‘‘section 922(g)(8)’’ and 

19 inserting ‘‘paragraph (8) or (12) of section 922(g)’’. 

20 SEC. 205. FULL FAITH AND CREDIT. 

21 Any extreme risk protection order issued under a 

22 State or Tribal law enacted in accordance with this title 

23 shall be accorded the same full faith and credit by the 

24 court of another State or Indian Tribe (in this section re25 ferred to as the ‘‘enforcing State or Indian Tribe’’) and 


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1 enforced by the court and law enforcement personnel of 

2 the other State or Tribal government as if it were the 

3 order of the enforcing State or Tribe. 

4 TITLE III—FIREARM SAFETY 

5 REQUIREMENTS 

6 SEC. 301. REPORTING LOST OR STOLEN FIREARMS. 

7 (a) OFFENSE.— 

8 (1) IN GENERAL.—Section 922 of title 18, 

9 United States Code, as amended by section 102, is 

10 amended by adding at the end the following: 

11 ‘‘(cc)(1) It shall be unlawful for a person to fail to 

12 provide notice to an appropriate State or local law enforce13 ment agency of a firearm of the individual which has been 

14 shipped or transported in interstate or foreign commerce, 

15 other than an antique firearm, that was lost or stolen 

16 within 48 hours after the person discovers the loss or theft 

17 or is informed by another person with knowledge of the 

18 loss or theft. 

19 ‘‘(2) Except as provided in paragraph (3), a person 

20 who, in good faith, reports the loss or theft of a firearm 

21 under this subsection shall not be liable for any acts or 

22 omissions that result from the theft or loss of the firearm. 

23 ‘‘(3) Paragraph (2) shall not apply to any person 

24 who— 


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1 ‘‘(A) knowingly reports a false loss or theft 

2 under this subsection; or 

3 ‘‘(B) stored the firearm in a reckless or neg4 ligent manner under this subsection.’’. 

5 (2) PENALTY.—Section 924 of title 18, United 

6 States Code, is amended— 

7 (A) in subsection (a)(1), by striking ‘‘or 

8 (p)’’ and inserting ‘‘(p), or (q)’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(q) A person who violates section 922(cc) shall be 

11 subject to a civil penalty of not more than $250.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 subsection (a) shall take effect 180 days after the date 

14 of enactment of this Act. 

15 (c) REPORTING.— 

16 (1) IN GENERAL.—Each State and local law en17 forcement agency shall report to the National Crime 

18 Information Center any lost or stolen firearm that is 

19 reported to the agency under section 922(cc) of title 

20 18, United States Code, as amended by subsection 

21 (a). 

22 (2) USE OF FUNDS REQUIREMENTS.—Section 

23 502(a) of title I of the Omnibus Crime Control and 

24 Safe Streets Act of 1968 (34 U.S.C. 10153(a)) is 

25 amended by adding at the end the following: 


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1 ‘‘(7) An assurance that, for each fiscal year 

2 covered by an application, the applicant will use not 

3 less than 5 percent of the total amount of the grant 

4 award for the fiscal year to study and implement ef5 fective management and collection of data relating to 

6 lost or stolen firearms reported to the a law enforce7 ment agency of the applicant under section 922(cc) 

8 of title 18, United States Code, unless the applicant 

9 has ensured, and the Attorney General has certified, 

10 that the applicant and each local law enforcement 

11 agency of the applicant is in substantial compliance 

12 with the reporting requirement in section 301(c)(1) 

13 of the Virginia Plan to Reduce Gun Violence Act of 

14 2024.’’. 

15 SEC. 302. ACCESS TO FIREARMS BY MINORS. 

16 (a) OFFENSE.—Section 922(z) of title 18, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘(4) MINORS.— 

20 ‘‘(A) IN GENERAL.—It shall be unlawful 

21 for a person to recklessly leave a loaded and un22 secured firearm, which has moved in, or that 

23 has otherwise affected, interstate or foreign 

24 commerce, in such a manner as to endanger the 


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1 life or limb of any other person who is under 

2 the age of 14. 

3 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

4 shall not apply to a person if the person— 

5 ‘‘(i) keeps the firearm— 

6 ‘‘(I) secure using a secure gun 

7 storage or safety device; or 

8 ‘‘(II) in a location which a rea9 sonable person would believe to be se10 cure; or 

11 ‘‘(ii) carries the firearm on his or her 

12 person or within such close proximity 

13 thereto that the person can readily retrieve 

14 and use the firearm as if the person car15 ried the firearm on his or her person.’’. 

16 (b) PENALTY.—Section 924 of title 18, United States 

17 Code, as amended by section 301, is amended— 

18 (1) in subsection (a)(1), by striking ‘‘or (q)’’ 

19 and inserting ‘‘(q), or (r)’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(r) A person who violates section 922(z)(4) shall be 

22 imprisoned for not more than 1 year, fined not more than 

23 $2,500, or both.’’. 


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1 (c) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect 180 days after the date 

3 of enactment of this Act. 

4 SEC. 303. PROHIBITING STALKERS AND INDIVIDUALS SUB5 JECT TO COURT ORDER FROM POSSESSING A 

6 FIREARM. 

7 (a) IN GENERAL.—Section 922 of title 18, United 

8 States Code, as amended by section 204 of this Act, is 

9 amended— 

10 (1) in subsection (d)— 

11 (A) in paragraph (8), by striking ‘‘that re12 strains such person’’ and all that follows, and 

13 inserting ‘‘described in subsection (g)(8);’’; 

14 (B) in paragraph (11)(B), by striking ‘‘or’’ 

15 at the end; 

16 (C) by redesignating paragraph (12) as 

17 paragraph (13); 

18 (D) by inserting after paragraph (11) the 

19 following: 

20 ‘‘(12) has been convicted in any court of a mis21 demeanor crime of stalking; or’’; and 

22 (E) in paragraph (13), as so redesignated, 

23 by striking ‘‘through (11)’’ and inserting 

24 ‘‘through (12)’’; and 

25 (2) in subsection (g)— 


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1 (A) by amending paragraph (8) to read as 

2 follows: 

3 ‘‘(8) who is subject to a court order— 

4 ‘‘(A) that was issued— 

5 ‘‘(i) after a hearing of which such per6 son received actual notice, and at which 

7 such person had an opportunity to partici8 pate; or 

9 ‘‘(ii) in the case of an ex parte order, 

10 relative to which notice and opportunity to 

11 be heard are provided— 

12 ‘‘(I) within the time required by 

13 State, tribal, or territorial law; and 

14 ‘‘(II) in any event within a rea15 sonable time after the order is issued, 

16 sufficient to protect the due process 

17 rights of the person; 

18 ‘‘(B) that restrains such person from— 

19 ‘‘(i) harassing, stalking, or threat20 ening an intimate partner of such person 

21 or child of such intimate partner or person, 

22 or engaging in other conduct that would 

23 place an intimate partner in reasonable 

24 fear of bodily injury to the partner or 

25 child; or 


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1 ‘‘(ii) intimidating or dissuading a wit2 ness from testifying in court; and 

3 ‘‘(C) that— 

4 ‘‘(i) includes a finding that such per5 son represents a credible threat to the 

6 physical safety of such individual described 

7 in subparagraph (B); or 

8 ‘‘(ii) by its terms explicitly prohibits 

9 the use, attempted use, or threatened use 

10 of physical force against such individual 

11 described in subparagraph (B) that would 

12 reasonably be expected to cause bodily in13 jury;’’; 

14 (B) in paragraph (9), by striking ‘‘or’’ at 

15 the end; 

16 (C) in paragraph (10), by striking the 

17 comma at the end and inserting ‘‘; or’’; and 

18 (D) by inserting after paragraph (10) the 

19 following: 

20 ‘‘(11) who has been convicted in any court of 

21 a misdemeanor crime of stalking,’’. 

22 (b) DEFINITION.—Section 921(a) of title 18, United 

23 States Code, is amended— 

24 (1) by redesignating paragraphs (34) and (35) 

25 as paragraphs (35) and (36) respectively; and 


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1 (2) by inserting after paragraph (33) the fol2 lowing: 

3 ‘‘(34)(A) The term ‘misdemeanor crime of 

4 stalking’ means an offense that— 

5 ‘‘(i) is a misdemeanor crime of stalking 

6 under Federal, State, Tribal, or municipal law; 

7 and 

8 ‘‘(ii) is a course of harassment, intimida9 tion, or surveillance of another person that— 

10 ‘‘(I) places that person in reasonable 

11 fear of material harm to the health or safe12 ty of— 

13 ‘‘(aa) that person; 

14 ‘‘(bb) an immediate family mem15 ber (as defined in section 115) of that 

16 person; 

17 ‘‘(cc) a household member of that 

18 person; or 

19 ‘‘(dd) a spouse or intimate part20 ner of that person; or 

21 ‘‘(II) causes, attempts to cause, or 

22 would reasonably be expected to cause 

23 emotional distress to a person described in 

24 item (aa), (bb), (cc), or (dd) of subclause 

25 (I). 


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1 ‘‘(B) A person shall not be considered to have 

2 been convicted of such an offense for purposes of 

3 this chapter, unless— 

4 ‘‘(i) the person was represented by counsel 

5 in the case, or knowingly and intelligently 

6 waived the right to counsel in the case; and 

7 ‘‘(ii) in the case of a prosecution for an of8 fense described in this paragraph for which a 

9 person was entitled to a jury trial in the juris10 diction in which the case was tried, either— 

11 ‘‘(I) the case was tried by a jury; or 

12 ‘‘(II) the person knowingly and intel13 ligently waived the right to have the case 

14 tried by a jury, by guilty plea or otherwise. 

15 ‘‘(C) A person shall not be considered to 

16 have been convicted of such an offense for pur17 poses of this chapter if the conviction has been 

18 expunged or set aside, or is an offense for 

19 which the person has been pardoned or has had 

20 civil rights restored (if the law of the applicable 

21 jurisdiction provides for the loss of civil rights 

22 under such an offense) unless the pardon, 

23 expungement, or restoration of civil rights ex24 pressly provides that the person may not ship, 

25 transport, possess, or receive firearms.’’. 


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1 SEC. 304. CAUSING OR ENABLING A CHILD TO GAIN POS2 SESSION OF A FIREARM. 

3 (a) IN GENERAL.—Section 922 of title 18, United 

4 States Code, as amended by section 301, is amended by 

5 adding at the end the following: 

6 ‘‘(dd)(1) In this subsection— 

7 ‘‘(A) the term ‘covered caregiver’ means a par8 ent, a guardian, or another person who is not less 

9 than 18 years of age who is responsible for the care 

10 of a child under 18 years of age; and 

11 ‘‘(B) the term ‘violent felony’ has the meaning 

12 given that term in section 924(e)(2). 

13 ‘‘(2) It shall be unlawful for a covered caregiver to, 

14 through a willful act or a willful failure to act, cause or 

15 enable a child in the care of the covered caregiver who 

16 is under 18 years of age to gain possession of a firearm— 

17 ‘‘(A) after having received notice from a child 

18 welfare (or other comparable) agency, from a mental 

19 health provider for the child, or from an educational 

20 institution attended by the child that the child poses 

21 a risk of violence or physical harm to himself or her22 self or to others; or 

23 ‘‘(B) after the covered caregiver knows or rea24 sonably should know that— 


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1 ‘‘(i) the child has charges pending for or 

2 has been convicted or adjudicated delinquent of 

3 a violent felony; or 

4 ‘‘(ii) the child has been determined by a 

5 State, local, Tribal, or Federal court to pose a 

6 risk of physical harm to himself or herself or to 

7 others. 

8 ‘‘(3)(A) A covered caregiver shall not be in violation 

9 of paragraph (2)(A) if, at the time of the applicable act 

10 or failure to act, the covered caregiver has received notice 

11 from a provider or entity listed in such paragraph that 

12 the child no longer poses a risk of violence or physical 

13 harm to himself or herself or to others. 

14 ‘‘(B) A covered caregiver shall not be in violation of 

15 paragraph (2)(B) if, at the time of the applicable act or 

16 failure to act, the covered caregiver has received notice 

17 that any pending charge for a violent felony has been dis18 missed or a nolle prosequi has been entered. 

19 ‘‘(4) It is an affirmative defense to prosecution for 

20 a violation of paragraph (2) that the covered caregiver en21 abled a child to gain possession of a firearm while in a 

22 dwelling because of a reasonable belief that the covered 

23 caregiver or the child was in imminent danger of bodily 

24 injury.’’. 


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1 (b) PENALTY.—Section 924 of title 18, United States 

2 Code, as amended by section 302, is amended— 

3 (1) in subsection (a)(1), by striking ‘‘or (r)’’ 

4 and inserting ‘‘(r), or (s)’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(s) A person who violates section 922(dd) shall be 

7 fined under this title, imprisoned for not more than 10 

8 years, or both.’’. 

Æ 


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