Overview

Title

To reform Federal firearms laws, and for other purposes.

ELI5 AI

H.R. 8907 is a plan to make gun rules safer by checking people's backgrounds before they buy guns and by making sure guns are stored safely, especially so kids can't reach them. It also lets judges take away guns from people who might be dangerous for a little while.

Summary AI

H.R. 8907, also known as the “Virginia Plan to Reduce Gun Violence Act of 2024,” aims to reform federal firearms laws to enhance safety and prevent gun-related incidents. The bill introduces new regulations on firearm sales, including background checks and limits on handgun purchases. It also establishes guidelines for extreme risk protection orders, allowing courts to temporarily remove firearms from individuals deemed dangerous. Additionally, the bill addresses firearm safety by requiring reporting of lost or stolen firearms and restricting minors’ access to unsecured firearms.

Published

2024-06-28
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-06-28
Package ID: BILLS-118hr8907ih

Bill Statistics

Size

Sections:
12
Words:
6,797
Pages:
32
Sentences:
100

Language

Nouns: 1,817
Verbs: 552
Adjectives: 304
Adverbs: 45
Numbers: 233
Entities: 241

Complexity

Average Token Length:
3.91
Average Sentence Length:
67.97
Token Entropy:
5.33
Readability (ARI):
34.39

AnalysisAI

General Summary of the Bill

The "Virginia Plan to Reduce Gun Violence Act of 2024," officially designated as H.R. 8907, proposes comprehensive reforms to federal firearms laws focusing on three primary areas: firearm sales, extreme risk protection orders, and firearm safety requirements. Introduced in the House of Representatives, this bill aims to establish stricter controls on firearm transfers and sales, implement programs to prevent firearm-related dangers posed by high-risk individuals, and ensure safer gun ownership practices, particularly concerning minors and individuals under legal restrictions.

Summary of Significant Issues

A critical examination of the bill reveals several areas of concern. One prominent issue is the vague definition of terms critical to the bill's enforcement. For example, the term "temporary transfer" in relation to firearm sales lacks clarity and could complicate legal understanding and compliance. Similarly, the bill introduces the concept of an "enhanced background check" without clear parameters, making its application in handgun sales ambiguous.

In the context of extreme risk protection orders, the criteria for "reasonable cause" are deemed too broad, raising concerns about potential misuse or overreach in temporarily removing firearms from individuals deemed high-risk. Additionally, the definitions of what constitutes "secure" storage of firearms or a "reasonable person" in terms of access by minors are notably vague, which may hinder effective enforcement.

The bill also presents a potentially inefficient approach in its fiscal implications by using phrases like "such sums as are necessary" for funding, which may lead to misuse or a lack of financial accountability.

Impact on the Public

The proposed legislation could significantly affect the public, aiming to increase safety by reducing gun-related violence and accidents. Enhanced measures could lead to lower firearm accessibility to those deemed a threat, which may help prevent potential tragedies. However, the bill's broader legal definitions and potential for misinterpretation may lead to increased litigation and differing enforcement across the states, affecting its effectiveness.

The impact on private citizens intending to transfer firearms or purchase handguns is substantial, as the new requirements may complicate routine transactions and impose additional compliance burdens.

Impact on Specific Stakeholders

For licensed firearm dealers, the bill imposes new responsibilities and creates a stricter regulatory environment. This could lead to increased operational costs and administrative duties, possibly affecting business operations and profitability.

Law enforcement agencies may benefit from additional funding and training related to extreme risk protection orders, but they might also face challenges in executing new and potentially vague legislative mandates effectively.

Gun owners and families seeking protection are likely to experience the most immediate impacts. While the measures could enhance personal and public safety, the requirements could also create barriers to legal firearm possession and potentially encroach upon individual rights if not implemented with precision.

Overall, while the "Virginia Plan to Reduce Gun Violence Act of 2024" strives to address the complex issue of gun violence comprehensively, the success of its implementation will heavily rely on clearly defined legal parameters and effective inter-agency cooperation to ensure that the intended protections align with practical enforceability.

Financial Assessment

The "Virginia Plan to Reduce Gun Violence Act of 2024" contains several financial elements primarily related to civil penalties and funding provisions for implementing the bill's requirements. Below is an analysis of these financial references and how they connect to some of the issues identified in the bill.

Financial Provisions

The bill proposes various financial measures, including civil penalties and funding authorizations for certain programs.

  1. Civil Penalty on Unreported Firearms:

Within Section 301, there is a financial penalty outlined for individuals who fail to report a lost or stolen firearm. Specifically, this section states that a person failing to comply may be subject to a civil penalty of not more than $250. The intention behind this penalty is to encourage prompt reporting and discourage the proliferation of unreported firearms.

  1. Penalties for Firearm Safety Violations:

Section 302 outlines a monetary penalty related to firearm safety violations, particularly around minors' access to firearms. A violator may face imprisonment for up to one year, a fine of not more than $2,500, or both. This penalty aims to reinforce the safe storage of firearms to prevent their access by minors.

  1. Grant Program Appropriations:

Section 202 discusses a grant program structured to enforce the bill’s provisions on extreme risk protection orders. This section authorizes "such sums as are necessary" to carry out the program. This open-ended financial commitment allows for flexibility but raises potential concerns regarding financial oversight and accountability.

Relationship to Identified Issues

The financial elements within the bill relate directly to several of the issues identified:

  1. Sufficiency of Civil Penalties:

The civil penalty of $250 for failing to report lost or stolen firearms, as noted in Section 301, might be viewed as insufficient by some. Given the serious public safety risk posed by unreported firearms, this low penalty may not adequately deter negligent behavior. This raises a concern that the financial disincentive is not strongly aligned with the potential consequences.

  1. Open-Ended Appropriation Concerns:

The use of “such sums as are necessary” in Section 202 creates an unlimited potential financial commitment without detailed fiscal oversight mechanisms. This could lead to issues with budgeting and financial accountability, as it is unclear how funds will be allocated or justified over time. The lack of explicit financial limits could result in inefficient use of public resources.

Conclusion

The financial aspects of the "Virginia Plan to Reduce Gun Violence Act of 2024" present both proactive measures to enforce compliance, such as fines and penalties, as well as broad appropriations aimed at enabling program implementation. However, the relatively low level of certain penalties and the open-ended nature of the appropriations highlight areas that may require further attention to ensure both efficacy and fiscal responsibility. Addressing these concerns might involve revising the penalty structures and establishing clearer accountability frameworks for financial allocations under the bill.

Issues

  • The definition of 'temporary transfer' in Section 101 is vague and could lead to significant legal ambiguity, affecting how firearms are lawfully transferred and potentially complicating enforcement.

  • The bill in Section 102 lacks a clear definition of 'enhanced background check,' critical for proper implementation and compliance in handgun sales, which can create confusion and legal challenges.

  • Section 203's criteria for issuing an extreme risk protection order ('reasonable cause') may be considered too low, raising concerns about the potential for misuse and infringement on individual rights.

  • In Section 302, the lack of clear definitions for 'secure' gun storage and 'reasonable person' introduces ambiguities that could hinder effective enforcement of laws protecting minors from firearm access.

  • Section 204's repetition of language addressing court orders prohibiting firearm possession could lead to redundancy and inefficiency in legal enforcement and interpretation.

  • The broad use of 'such sums as are necessary' for appropriations in Section 202 could lead to potential misuse or lack of fiscal oversight, raising financial accountability concerns.

  • The amendment in Section 303 regarding misdemeanor crime of stalking could lead to varying interpretations of terms like 'emotional distress' across jurisdictions, complicating enforcement of firearm restrictions.

  • Section 304's definition of 'covered caregiver' is broad and might lead to ambiguous legal interpretations, raising concerns about accountability in cases where children gain access to firearms.

  • The civil penalty introduced in Section 301 for not reporting lost or stolen firearms might be considered insufficient as a deterrent, given the serious implications of unreported firearms proliferation.

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; table of contents Read Opens in new tab

Summary AI

The beginning of the "Virginia Plan to Reduce Gun Violence Act of 2024" introduces the short title of the Act and includes a detailed table of contents. This table outlines three main titles focusing on firearm sales, extreme risk protection orders, and firearm safety requirements.

101. Firearms transfers Read Opens in new tab

Summary AI

This section makes it illegal for people who are not licensed dealers to transfer firearms to others unless a licensed dealer first takes possession of the firearm to ensure legal compliance. There are exceptions to this rule, such as transfers between family members, for certain temporary situations, and for law enforcement or military personnel acting in their official roles.

102. Handgun sales Read Opens in new tab

Summary AI

The section limits individuals to buying only one handgun per month unless they are licensed dealers, law enforcement, military personnel on duty, or hold a special certificate after an enhanced background check. Exceptions include antique firearms and curios or relics for licensed collectors, and these rules will start 180 days after the law is passed.

201. Definitions Read Opens in new tab

Summary AI

This section provides definitions for key terms used in the bill, such as "eligible entity," which refers to states, Indian Tribes, or local government units that must meet specific legislative and certification requirements to receive certain grants. It also defines terms like "extreme risk protection order," "firearm," "Indian Tribe," "law enforcement officer," "petitioner," "State," and "unit of local government" to clarify their meanings within the context of the bill.

202. Extreme risk protection grant program Read Opens in new tab

Summary AI

The section establishes a grant program by the Department of Justice to help law enforcement and courts implement extreme risk protection legislation, use the funds to train personnel, develop protocols, and raise public awareness. Priority for grants is given to states and tribes that have enacted such legislation, with funding authorized as needed for 2024 through 2028.

203. National extreme risk protection order law Read Opens in new tab

Summary AI

The section outlines the requirements for a national law on extreme risk protection orders, which allows a petitioner, such as a law enforcement officer, to request a court to temporarily remove firearms from individuals deemed a risk to themselves or others. It covers details on how the orders are applied for, issued, and enforced, including provisions for confidentiality, firearm surrender and storage, and notification to ensure the order is reflected in background check systems.

204. Federal firearms prohibition Read Opens in new tab

Summary AI

The section modifies U.S. law to prohibit anyone under certain court orders from owning or handling firearms if they are deemed a danger. It clarifies that the court orders must respect due process and updates references to these provisions in related laws.

205. Full faith and credit Read Opens in new tab

Summary AI

Any extreme risk protection order created under State or Tribal law must be recognized and enforced in other States or Tribes just like it would be in the State or Tribe where it was originally issued.

301. Reporting lost or stolen firearms Read Opens in new tab

Summary AI

This section of the bill makes it illegal for a person to not report the loss or theft of their firearm to local law enforcement within 48 hours, unless it is an antique firearm, and imposes a civil penalty of up to $250 for failing to do so. It also requires law enforcement agencies to report these incidents to the National Crime Information Center and mandates that a portion of certain grant funds be allocated to study and manage data on lost or stolen firearms.

Money References

  • (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 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.

302. Access to firearms by minors Read Opens in new tab

Summary AI

The section amends the United States Code to make it illegal for someone to recklessly leave a loaded and unsecured firearm in a way that could harm a child under 14 years old, unless the firearm is properly secured or carried by the person. Violators can face up to one year in prison, a fine up to $2,500, or both, and this law will come into effect 180 days after the bill is passed.

Money References

  • is amended— (1) in subsection (a)(1), by striking “or (q)” and inserting “(q), or (r)”; and (2) by adding at the end the following: “(r) 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. ---

303. Prohibiting stalkers and individuals subject to court order from possessing a firearm Read Opens in new tab

Summary AI

The section prohibits individuals convicted of stalking, or those under certain court orders, from possessing firearms. It defines "misdemeanor crime of stalking" and clarifies the conditions under which a conviction prevents someone from having a gun, including exceptions for expunged records, pardons, or civil rights restorations.

304. Causing or enabling a child to gain possession of a firearm Read Opens in new tab

Summary AI

The bill section makes it illegal for anyone responsible for a child under 18 to let the child get a firearm if they have been warned that the child is a danger to themselves or others, or if the child has been charged or convicted of violent crimes. There are exceptions if they’re told the child is no longer dangerous, and violators can face up to 10 years in prison.