S. 4339 — Virginia Plan to Reduce Gun Violence Act of 2026

This section prohibits any non-licensed person from transferring a firearm to another non-licensed person unless a licensed importer, manufacturer, or dealer first takes possession of the firearm and complies with background check requirements of 18 U.S.C. §922(t) (i.e., National Instant Criminal Background Check System screening). Licensees must provide non-licensees with notice of this prohibition and obtain their certification of receipt; if a transfer does not complete (e.g., due to a failed background check), the licensee's return of the firearm to the transferor is not deemed a transfer. The prohibition does not apply to (1) law enforcement officers, armed security professionals, or military members acting in official duties; (2) loans or bona fide gifts between spouses, domestic partners, or specified family members; (3) transfers by operation of law upon death; (4) temporary transfers necessary to prevent imminent death or great bodily harm; (5) transfers approved by the Attorney General under specified tax code provisions; or (6) temporary transfers at shooting ranges, for hunting/fishing, or in the transferor's presence under specified conditions. The Attorney General may issue implementing regulations but may not require licensees to facilitate such transfers, mandate recordkeeping of background checks or transfers by non-licensees, or cap facilitation fees charged by licensees. The amendments take effect 180 days after enactment.

This section prohibits any person who is not a licensed importer, licensed manufacturer, or licensed dealer from purchasing more than one handgun within any 30-day period, except for (1) individuals certified by a state law enforcement agency as having passed an enhanced background check; (2) law enforcement agencies, officers, or Armed Forces members acting within the course and scope of official duties; (3) state or local correctional facilities; (4) state- or locally-licensed private security companies; or (5) licensed collectors purchasing antique firearms or curios/relics. The prohibition takes effect 180 days after enactment.

This section revises prohibitions on undetectable firearms and ghost guns (i.e., unserialized firearms, frames, and receivers that are difficult to trace) by making it unlawful to (1) manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm not detectable, after removal of grips, stocks, and magazines or all parts except a major component, by walk-through metal detectors calibrated to the Security Exemplar or by x-ray machines and other security screening devices used at airports and public buildings; (2) knowingly possess any unserialized firearm, completed frame, or unfinished receiver, or knowingly import, purchase, sell, or transfer any unserialized completed frame or unfinished receiver unless it is a serialized firearm; or (3) manufacture, assemble, or transfer any unserialized firearm. It also redefines the Security Exemplar as an object fabricated at the direction of the Attorney General for testing metal detectors. The amendments take effect one year after enactment.

This section defines "assault weapon" in 18 U.S.C. §921(a)(39) to include (1) semi-automatic center-fire rifles or pistols with fixed magazines over 15 rounds; (2) semi-automatic center-fire rifles with detachable magazines (except .22 rimfire tubular) and specified features such as folding or thumbhole stocks, protruding grips, grenade launchers, or threaded barrels; (3) semi-automatic center-fire pistols with two or more features such as protruding grips, high-capacity magazines outside the grip, barrel shrouds, threaded barrels, or arm braces; (4) semi-automatic shotguns with folding stocks, detachable magazines, fixed magazines over 15 rounds, or similar features; (5) revolving-cylinder shotguns; (6) belt-fed firearms; or (7) firearms modified to meet these criteria—excluding antiques, inoperable firearms, and manually operated (bolt, pump, lever, or slide action) firearms. The section (1) prohibits the manufacture for sale, sale, transfer to non-licensees, and possession of assault weapons by amending 18 U.S.C. §922(a)(4) and (b)(4); (2) subjects assault weapons to enhanced penalties under §924(c)(1) for use in crimes of violence or drug trafficking crimes and under §924(o) for related conspiracies; (3) bars retired law enforcement officers from carrying concealed assault weapons under §926C(e); and (4) prohibits individuals under 18 years of age from possessing assault weapons under new §922(cc) (with exceptions for supervised home possession with parental consent, lawful activities at shooting ranges or while hunting, and law enforcement/military training), punishable by up to a $2,500 fine or 1 year imprisonment under new §924(q). The amendments take effect 1 year after enactment.

This section defines terms used in this title, including (1) eligible entity, meaning a state or Indian tribe that enacts legislation meeting specified requirements, certifies grant uses under section 202, and allocates at least 25% of grant funds for law enforcement training, or a unit of local government or other entity in such a jurisdiction making similar certifications; (2) extreme risk protection order, meaning a state or tribal court order or warrant primarily aimed at reducing firearm-related death or injury by prohibiting an individual from possessing, owning, purchasing, receiving, or controlling a firearm or requiring its surrender; and (3) others such as firearm (as defined in 18 U.S.C. §921), Indian Tribe (as defined in 34 U.S.C. §10389), law enforcement officer, petitioner, State (including the District of Columbia, Puerto Rico, and U.S. territories), and unit of local government (as defined in 34 U.S.C. §10251).

This section establishes an Extreme Risk Protection Grant Program under which the Director of the Office of Community Oriented Policing Services (COPS Office) may award grants to eligible entities—including states, units of local government, and Indian tribes—to support implementation of extreme risk protection order (ERPO) legislation (i.e., laws authorizing courts to temporarily prohibit firearm possession by individuals determined to pose a significant danger of harming themselves or others, as described in §203). Grant funds may be used to (1) enhance law enforcement and court capacity through personnel, training, technical assistance, data collection, and other resources; (2) train judges, court personnel, and law enforcement officers to identify individuals whose firearm access increases risks of suicide or interpersonal violence; (3) develop protocols, forms, and orders for safe ERPO enforcement, including firearm removal and storage; and (4) raise public awareness of ERPOs to facilitate their appropriate use in reducing firearms-related death and injury. This section further directs the Attorney General, for FY2024 through FY2028, to give affirmative preference in Bureau of Justice Assistance discretionary grants to states and Indian tribes that have enacted ERPO legislation. The section authorizes appropriations of such sums as necessary.

This section establishes minimum requirements for state or tribal legislation authorizing extreme risk protection orders (ERPOs), which are court orders temporarily prohibiting firearm possession by individuals who pose a danger of causing harm to themselves or others by having access to a firearm. Such legislation must (1) authorize applications by petitioners, including law enforcement officers, alleging facts justifying an ERPO; (2) provide the named individual with written notice, an opportunity to be heard, and a chance to voluntarily surrender firearms; (3) require a hearing within 30 days of application, with issuance upon a preponderance-of-evidence finding of danger (duration until terminated or as specified) and return of firearms if no substantial risk is found; (4) authorize ex parte ERPOs for up to 30 days (extendable for good cause) upon reasonable-cause belief of near-term danger; (5) require surrender or law enforcement removal of firearms, with secure storage until eligibility is regained; (6) mandate notification to the Department of Justice (or state/tribal equivalent) for entry into the National Instant Criminal Background Check System; (7) protect confidentiality of personally identifiable information; and (8) for minors under 18, serve orders on parents, guardians, or social services. The legislation may additionally authorize ERPO termination or renewal procedures, higher burdens of proof than preponderance or reasonable cause, and limits on petitioners provided law enforcement officers remain eligible.

This section amends 18 U.S.C. §922(d) and (g) to prohibit (1) selling or otherwise disposing of firearms or ammunition to, and (2) possessing firearms or ammunition by, any person subject to a court order prohibiting such person from having custody or control of, owning, purchasing, possessing, or receiving firearms (or requiring surrender thereof), provided the order (A) was issued consistent with due process and (B) was based on a finding that the person poses a danger of causing harm to self or others from firearm access. This section also makes a conforming amendment to the definition in the NICS Improvement Amendments Act of 2007 by updating the cross-reference from "section 922(g)(8)" to "paragraph (8) or (12) of section 922(g)".

This section requires courts and law enforcement in other states or Indian tribes to accord full faith and credit to extreme risk protection orders (i.e., court orders temporarily prohibiting firearm possession by persons deemed a risk to themselves or others) issued under qualifying state or tribal laws enacted pursuant to this title, enforcing them as if issued locally.

This section establishes a new offense under 18 U.S.C. §922(dd) prohibiting failure to report to state or local law enforcement, within 48 hours of discovery, the loss or theft of a firearm shipped or transported in interstate or foreign commerce (other than an antique firearm), subject to a civil penalty of up to $250 under new 18 U.S.C. §924(r). It provides immunity from liability for good faith reporters, except for those who knowingly file false reports or store the firearm recklessly or negligently. (Thus, no criminal penalties apply.) This section further directs state and local law enforcement agencies to report such lost or stolen firearms to the National Crime Information Center and requires recipients of Byrne Justice Assistance Grant program funds (i.e., formula grants to states and localities for law enforcement and criminal justice purposes) to use at least 5% of each fiscal year's award for studying and implementing lost or stolen firearm data management, unless the Attorney General certifies substantial compliance with the reporting requirement. The amendments take effect 180 days after enactment.

This section establishes a new federal offense under 18 U.S.C. §922(z)(4) prohibiting any person from recklessly leaving a loaded and unsecured firearm—which has moved in, or otherwise affected, interstate or foreign commerce—in a manner that endangers the life or limb of any person under 18 years of age, with exceptions if the firearm is secured using a gun storage or safety device, kept in a location a reasonable person would believe secure, or carried on the person's body or in close proximity for ready retrieval. It sets a penalty of imprisonment for not more than one year, a fine of not more than $2,500, or both, with the offense effective 180 days after enactment.

This section expands the categories of persons prohibited from shipping, transporting, possessing, or receiving firearms or ammunition—or from selling or transferring such items to them—under 18 U.S.C. 922(g) and (d) to include (1) persons convicted of a misdemeanor crime of stalking and (2) persons subject to a court order, issued after notice and a hearing (or ex parte with subsequent due process), that restrains harassing, stalking, or threatening an intimate partner or child (or conduct placing the partner or child in reasonable fear of bodily injury) or intimidating or dissuading a witness, and that includes a finding of credible threat to physical safety or explicitly prohibits physical force reasonably expected to cause bodily injury. (As background, 18 U.S.C. 922(g) and (d) prohibit firearm possession and transfers involving persons such as felons, fugitives, and those subject to domestic violence orders.) It defines “misdemeanor crime of stalking” in new 18 U.S.C. 921(a)(34) as a federal, state, tribal, or municipal misdemeanor involving a course of harassment, intimidation, or surveillance placing the victim (or immediate family member, household member, spouse, or intimate partner) in reasonable fear of material harm to health or safety or causing (or reasonably expected to cause) emotional distress; such convictions apply only if the person was represented by counsel (or knowingly waived it), received or waived a jury trial (if applicable), and the conviction has not been expunged, set aside, pardoned, or had civil rights restored unless expressly prohibiting firearm possession.

This section prohibits a covered caregiver (i.e., a parent, guardian, or other responsible adult age 18 or older) from willfully causing or enabling a child under 18 in their care to gain possession of a firearm (1) after notice from a child welfare agency, mental health provider, or school that the child poses a risk of violence or physical harm to self or others or (2) if the caregiver knows or reasonably should know the child has pending charges, a conviction, or delinquency adjudication for a violent felony (as defined in 18 U.S.C. §924(e)(2)) or has been court-determined to pose such a risk. Exceptions apply if subsequent notice states the risk no longer exists or felony charges are dismissed or nolle prossed; an affirmative defense exists for enabling access in a dwelling due to a reasonable belief of imminent bodily injury to the caregiver or child. Violations are punishable by a fine, imprisonment for up to 10 years, or both (new 18 U.S.C. §924(t)).

This section defines terms used in this title, including “eligible entity” as (A) a state or Indian tribe that enacts legislation meeting requirements of section 403, receives Attorney General approval, and certifies that grant funds will be used for section 402(b) purposes with at least 25% allocated to law enforcement training or (B) a unit of local government or other public/private entity in such a jurisdiction making similar certifications; “prohibited person” as any person prohibited from possessing a firearm under 18 U.S.C. §922(g)(8) or (9); and “nonprohibited person” as a person who is not prohibited by law from possessing a firearm, is at least 21 years of age, and does not reside with a prohibited person. The section further defines “qualifying order” as an order triggering a prohibition under those paragraphs; “firearm,” “law enforcement officer,” “Indian Tribe,” “State” (i.e., each state, the District of Columbia, Puerto Rico, and other U.S. territories/possessions), and “unit of local government” by reference to existing law.

This section establishes a grant program administered by the Director of the Office of Community Oriented Policing Services (COPS Office) of the Department of Justice to assist eligible entities in implementing legislation described in §403 (i.e., domestic violence firearm relinquishment requirements). Grants may be used to enhance law enforcement and court capacity in states, units of local government, or Indian Tribes through personnel, training, technical assistance, data collection, and other resources; and to develop protocols, forms, and orders for safe firearm removal and storage. For FY2026 through FY2030, the Attorney General must give affirmative preference in Bureau of Justice Assistance (BJA) discretionary grants to states or Indian Tribes that have enacted such legislation. The section authorizes appropriations of such sums as necessary.

This section establishes requirements for qualifying state or tribal legislation on domestic violence firearm relinquishment. Such legislation must (1) cover prohibited persons (i.e., those barred from possessing firearms under federal or state law) in possession of a firearm upon issuance of a qualifying order; (2) require surrender of all such firearms to law enforcement or transfer to a nonprohibited person, with law enforcement removal if not completed and a confirmation process; (3) provide for retention of removed firearms by law enforcement until the person regains eligibility (authorizing licensed secure storage or transfer to a nonprohibited person without the prohibited person's access); and (4) protect confidentiality of related personally identifiable information. The section authorizes states or tribes to include additional provisions deemed appropriate.

This section establishes a prohibition on the knowing possession of a firearm affecting interstate or foreign commerce in or on the grounds of an institution of higher education (as defined in the Higher Education Act of 1965, 20 U.S.C. 1001) or in a mental healthcare facility zone (i.e., in or on the grounds of, or within 1,000 feet of, a mental healthcare facility such as a hospital providing mental health or developmental services). The prohibition does not apply to (1) private property not part of such an institution or facility; (2) possession by an individual licensed by the state or political subdivision after law enforcement verification of qualifications; (3) unloaded firearms in a locked container or rack in a motor vehicle; (4) firearms used in a program approved by the institution or facility; (5) firearms possessed pursuant to a contract with the institution or facility; (6) law enforcement officers acting in an official capacity; or (7) unloaded firearms possessed while traversing the premises for authorized access to hunting lands. This section also applies penalties under 18 U.S.C. 924(a)(1)(B) and (4) to violations.

This section defines "misdemeanor hate crime" in 18 U.S.C. 921(a)(43) as a misdemeanor under federal, state, tribal, or local law that (1) involves the use or attempted use of physical force, threatened use of a deadly weapon, or a credible threat to physical safety and (2) has as an element that the conduct was motivated by the actual or perceived race, color, religion, or national origin of any person (except that no conviction qualifies unless issued consistent with the person's due process rights). It adds conviction for such an offense to the prohibited categories in 18 U.S.C. 922(d)(13) (unlawful to sell or dispose firearms or ammunition to such persons) and 922(g)(12) (unlawful for such persons to possess or receive firearms or ammunition).