Overview

Title

To require the United States Armed Forces to fully utilize applicable State extreme risk protection order programs, and for other purposes.

ELI5 AI

H.R. 10502 wants to make sure that the U.S. military uses state programs that keep people who might be dangerous from having guns. The plan is to help military leaders understand and use these programs to keep everyone safe.

Summary AI

H.R. 10502 is a bill that requires the United States Armed Forces to make use of State extreme risk protection order programs. These programs are designed to prevent individuals who are deemed risky by their commanding officers from possessing firearms. The Secretary of Defense must create a policy that ensures military branches participate in state legal processes related to these orders and provide relevant evidence as needed, despite privacy laws. The bill also mandates that military leaders are informed of how to use these state programs effectively.

Published

2024-12-18
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-12-18
Package ID: BILLS-118hr10502ih

Bill Statistics

Size

Sections:
2
Words:
928
Pages:
5
Sentences:
16

Language

Nouns: 340
Verbs: 64
Adjectives: 70
Adverbs: 12
Numbers: 29
Entities: 71

Complexity

Average Token Length:
4.65
Average Sentence Length:
58.00
Token Entropy:
4.96
Readability (ARI):
33.25

AnalysisAI

The proposed legislation, introduced in the U.S. House of Representatives, seeks to mandate the United States Armed Forces to engage with State extreme risk protection order programs. These programs exist at the state level to proactively address threats by individuals who may pose harm to themselves or others. The bill requires military branches to utilize these programs when a member is deemed a threat and to participate actively in related judicial proceedings.

General Summary of the Bill

The "Armed Forces Crisis Intervention Notification Act," as it is called, obliges the Secretary of Defense to establish policies for military branches to interact with State extreme risk protection order programs. These programs are essentially legal tools enabling temporary restrictions on firearm access for individuals posing a danger. The bill specifically targets members of the Armed Forces considered violent threats by their commanding officers or those meeting certain federal criteria. Guidelines will be set for military personnel to ensure compliance with these programs, helping enforce regulations that protect service members and the public from potential violence.

Summary of Significant Issues

A notable issue with the bill is the ambiguity within its language, particularly the term "fully utilize" when referring to how the Armed Forces should engage with state programs. This vagueness may result in differing interpretations across branches and states, leading to inconsistent application. Another significant concern is the clause requiring participation in judicial proceedings regardless of privacy laws like HIPAA and the Privacy Act. This requirement could lead to legal conflicts over privacy rights and the protection of personal information. Lastly, the bill lacks clarity on how the Armed Forces will be informed about these state programs and neglects to detail the training or dissemination methods necessary for ensuring compliance.

Impact on the Public

The bill could have broad implications for public safety by potentially reducing firearm-related incidents involving service members. By utilizing state programs designed to preemptively manage threats, the legislation may enhance community security and the well-being of Armed Forces personnel. However, challenges might arise in harmonizing federal mandates with varied state policies, which could complicate this positive impact.

Impact on Specific Stakeholders

For service members, the bill could mean increased oversight of their conduct and quicker intervention in cases deemed threatening. This might enhance safety but also raises concerns about privacy infringements and stigmatization of individuals labeled as threats. Commanding officers may face new responsibilities and potential burdens in initiating these protection orders while balancing military duties and service member morale. State authorities and legal systems might see increased collaboration with the military, presenting both opportunities for effective intervention and challenges in managing the complexities of federal-state interactions.

In summary, while the bill seeks to address a critical issue of safety within military ranks and the broader community, it introduces complex questions about privacy, state-federal collaboration, and the practicalities of policy implementation. Steps to rectify these issues could enhance the legislation's effectiveness and ensure it achieves its goals without unintended negative consequences.

Issues

  • The phrase 'fully utilize any applicable State extreme risk protection order program' is ambiguous and may lead to varying interpretations of the compliance required from the Armed Forces, potentially creating legal confusion or inconsistent implementation across different states (Section 2(a)(1) & 2(b)(6)).

  • The requirement for the Armed Forces to participate in judicial proceedings 'notwithstanding' privacy regulations could lead to conflicts with privacy rights, potentially facing legal challenges related to the Health Insurance Portability and Accountability Act (HIPAA) and the Privacy Act (Section 2(a)(2) & 2(b)(5)).

  • The policy requirement for the Armed Forces to 'provide evidence' during judicial proceedings could be seen as an overreach into personal privacy and might spark concerns about the protection of service members' private information (Section 2(a)(2) & 2(b)(5)).

  • The legislation does not adequately clarify how the Armed Forces would be made aware of applicable state extreme risk protection order programs, nor does it address potential training or dissemination issues, which could hinder effective implementation (Section 2(c)).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The section states that this law can be referred to as the "Armed Forces Crisis Intervention Notification Act".

2. Requirement to utilize State extreme risk protection order programs Read Opens in new tab

Summary AI

The section requires the Secretary of Defense to set a policy within a year for military branches to use State extreme risk protection order programs when a service member poses a threat and to participate in related legal proceedings. It defines key terms like "covered individual," outlines what using and participating in these programs involves, and ensures that defense personnel know how to comply. The section also clarifies that it does not change discovery rules in legal proceedings.