Overview

Title

To address gun violence, improve the availability of records to the National Instant Criminal Background Check System, address mental illness in the criminal justice system, and for other purposes.

ELI5 AI

S. 4104 is a bill that wants to make sure people who shouldn’t have guns don't get them by checking more records, including those about mental health, and by stopping anyone from cheating the rules. The bill also aims to understand why bad things happen with guns and ensures that moving and selling guns between places are done safely and correctly.

Summary AI

S. 4104, known as the "Protecting Communities and Preserving the Second Amendment Act of 2024," aims to address gun violence in several ways. It focuses on improving the National Instant Criminal Background Check System (NICS) by enhancing the availability of mental health records and imposing penalties on states that fail to comply. The bill seeks to boost federal prosecution of gun crimes, establish task forces to tackle firearms trafficking, and authorize studies on the causes of mass shootings. Additionally, it proposes measures to modernize firearm commerce and protect responsible transportation of guns across state lines.

Published

2024-04-10
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-04-10
Package ID: BILLS-118s4104is

Bill Statistics

Size

Sections:
21
Words:
8,285
Pages:
40
Sentences:
105

Language

Nouns: 2,298
Verbs: 648
Adjectives: 363
Adverbs: 84
Numbers: 344
Entities: 452

Complexity

Average Token Length:
4.16
Average Sentence Length:
78.90
Token Entropy:
5.44
Readability (ARI):
41.01

AnalysisAI

The proposed legislation, officially known as the "Protecting Communities and Preserving the Second Amendment Act of 2024," aims to address the multifaceted issue of gun violence in the United States. Central to the bill are measures to enhance the National Instant Criminal Background Check System (NICS), address mental illness within the justice system, bolster federal gun violence prosecutions, and impose stricter regulations and penalties related to firearm transactions and misuse.

General Summary of the Bill

The bill seeks to modernize and strengthen gun control measures and enforcement. Key components include improving the availability of pertinent records to NICS, redefining legal terms associated with mental health, and increasing federal prosecution of gun violence. Additionally, it mandates studies on mass shootings and requires transparency regarding federal ammunition purchases. To support enforcement and coordination, the bill allocates funding for new task forces and prosecutions, while also introducing penalties for false statements in gun purchases. Another significant element involves facilitating firearm commerce across state lines and managing interstate gun transport under clear regulations.

Significant Issues

One critical issue with the bill is the lack of clarity concerning the definition of "relevant Federal records," which might lead to inconsistent interpretations and privacy concerns. Furthermore, requirements for individuals being considered mentally incompetent involve vague criteria, potentially infringing on personal rights without providing sufficient safeguards.

The financial allocations, especially those targeting federal prosecution of gun violence, lack concrete guidelines for evaluating effectiveness. This oversight could result in inefficient use of substantial public funds. Additionally, stipulations in the bill could disproportionately impact states with fewer resources by penalizing them for insufficient compliance in record-sharing mandates, potentially diverting essential public safety funding.

The bill's provisions for interstate firearm sales and transport, though intended to modernize commerce, may inadvertently weaken state-specific regulations, creating risks related to firearm trafficking.

Potential Public Impacts

Broadly speaking, the bill aims to improve public safety by tightening oversight and accountability on gun transactions and improving background checks. Success in these areas could lead to a reduction in gun violence.

However, there is potential for significant negative impacts, particularly involving privacy rights and state autonomy. The ambiguity in interpreting records for mental health and firearm regulation could lead to inconsistencies in enforcement and potential civil liberties challenges. Moreover, the expected federal mandates might strain state resources, particularly in those with existing financial or operational burdens.

Specific Stakeholder Impacts

For law enforcement and judicial systems, the bill could provide enhanced tools and resources to combat gun violence more effectively. Increased funding and newly established task forces might strengthen prosecutorial capabilities and cross-agency cooperation.

State governments, however, could face new challenges due to the punitive measures associated with non-compliance in mental health record submissions. This condition could disproportionately affect under-resourced states, resulting in punitive financial deductions from crucial public safety grants.

Gun owners and Second Amendment advocates might view certain provisions, like the regulations on interstate commerce and transportation, as overly restrictive, potentially leading to legal challenges.

Organizations advocating for mental health rights might express concerns over the implications of mental health-related provisions. The potential for misclassification and lack of defined appeal processes could infringe on personal rights without offering sufficient protections.

In conclusion, while the bill has potential to enhance public safety by improving enforcement measures and gun regulation processes, it also raises concerns about clarity, fairness, privacy, and state autonomy. Balancing these elements will be crucial for its successful implementation and acceptance among diverse stakeholders.

Financial Assessment

The "Protecting Communities and Preserving the Second Amendment Act of 2024" includes several financial allocations aimed at addressing gun violence and improving the National Instant Criminal Background Check System (NICS). These allocations are detailed in different sections of the bill and are meant to support its various initiatives.

Financial Allocations

Section 3 authorizes the appropriation of $20,000,000 annually from fiscal years 2025 through 2029 to support improvements to NICS. This funding is intended to ensure the system is effective in processing background checks and is accompanied by accountability measures to address any misuse of funds.

Section 8 provides for an appropriation of $15,000,000 per year for fiscal years 2025, 2026, and 2027. The funds are designated for salaries and expenses related to prosecuting gun violence crimes, specifically through an initiative called the Nationwide Project Exile Expansion. This section attempts to bolster Federal prosecution efforts against gun violence.

Section 9 involves the establishment of the Felon and Fugitive Firearm Task Force within the Department of Justice. It authorizes using up to $10,000,000 annually for fiscal years 2025 through 2029. The funds are aimed at supporting efforts to investigate and prosecute individuals who illegally attempt to purchase firearms.

Relation to Issues

The financial allocations have raised concerns regarding their effectiveness and potential inefficiencies. For instance, the allocations do not include specific guidelines or performance metrics to evaluate the effectiveness of the spending. This lack of detail could lead to financial waste or inefficacies if outcomes are not properly measured against the money spent, as identified in the issues.

Moreover, Section 15 includes financial penalties for states that fail to comply with providing mental health records to NICS by withholding Byrne JAG funds. This could disproportionately affect states with fewer resources, limiting their capacity to fund essential public safety programs, thereby exacerbating issue 4 related to state funding challenges.

In Section 18, the bill asks for a report on duplicative grants should multiple grants be awarded for the same purpose. However, it fails to outline corrective actions, which might lead to repetitive financial waste without concrete solutions or changes in procedure. This points to a potential inadequacy in preventing grant duplication and ensuring efficient use of funds.

Overall, while the bill includes significant financial appropriations to promote public safety and improve firearms regulation, the absence of clear efficiency metrics and guidelines for spending raises questions about financial oversight and the potential for achieving desired outcomes.

Issues

  • The definition of 'relevant Federal records' in Section 4 lacks clarity, which could lead to inconsistent interpretations by different agencies and raise privacy concerns. There is also no clear timeline for record sharing, which could hinder effective background checks.

  • The conditions for treating individuals as 'adjudicated mentally incompetent' in Sections 5 and 6 might infringe on individuals' rights or due process without clear safeguards or appeal mechanisms. The criteria for assessing 'danger' are vague and could lead to inconsistent or unfair judicial rulings.

  • The allocation of significant funding in Section 8 for Federal prosecution of gun violence and Section 9 for prosecuting felons and fugitives lacks specific guidelines for measuring the effectiveness of this expenditure, which could lead to waste or inefficacies.

  • The requirement in Section 15 to withhold Byrne JAG funds from states failing to provide mental health records to NICS might disproportionately affect states with less capacity to comply, potentially reducing funding for essential public safety initiatives.

  • Section 16's allowance for firearm sales at temporary locations across state lines may undermine state-specific regulations and oversight, leading to potential legal ambiguities and possible firearm trafficking issues.

  • The provisions in Section 17 regarding the interstate transportation of firearms are vague about secure storage standards and might conflict with state laws, creating potential legal ambiguities and challenges for law enforcement.

  • The reports and certifications required annually by Section 7 regarding firearms prosecutions might become administratively burdensome and lead to inefficiencies without clear benefits, particularly if the data collected is not critically necessary for Congressional oversight.

  • Section 18's preventive measures against duplicative grant awards seem inadequate, as it only mandates a report if duplicates occur, without specifying corrective actions, potentially leading to financial waste.

  • The task forces established in Section 19 lack details on effectiveness measurement or resource allocation, which could lead to indefinite expenditure without accountability or clear benefits.

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 text describes the "Protecting Communities and Preserving the Second Amendment Act of 2024," which includes various sections such as improving the background check system, handling mental health records, increasing prosecution of gun crimes, and conducting studies on mass shootings. Additionally, it covers topics like firearm commerce and interstate transportation, as well as reporting and penalties related to firearm laws.

2. Definitions Read Opens in new tab

Summary AI

In this section of the bill, several key terms are defined: an "agency" follows the definition in a specific U.S. legal code, "covered firearms provision" refers to certain sections of U.S. law related to firearms, "NICS" stands for the National Instant Criminal Background Check System, and "relevant Federal records" are those that show if someone is not allowed to possess or receive a firearm under specific legal rules.

3. Reauthorization and improvements to NICS Read Opens in new tab

Summary AI

The section discusses changes to the NICS Improvement Amendments Act of 2007, including the authorization of $20 million per year for improvements from 2025 to 2029. It also introduces new accountability measures for grant recipients, prioritizing those without unresolved audit findings and modifying some eligibility requirements for these grants.

Money References

  • (a) In general.—Section 103 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended— (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; (2) by amending subsection (f), as so redesignated, to read as follows: “(f) Authorization of appropriations.—There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2025 through 2029.”; and (3) by inserting after subsection (d) the following: “(e) Accountability.—All grants awarded by the Attorney General under this section shall be subject to the following accountability provisions: “(1) DEFINITION.—In this subsection, the term ‘unresolved audit finding’ means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. “(2) AUDITS.

4. Availability of records to NICS Read Opens in new tab

Summary AI

The section outlines the process for making Federal records available to the National Instant Criminal Background Check System (NICS). It requires the Attorney General to issue guidance on how these records should be identified and shared, mandates agencies to prioritize providing these records to NICS, and involves submitting reports on the implementation plans. The Attorney General will also settle any disputes over which records should be considered relevant.

5. Definitions relating to mental health Read Opens in new tab

Summary AI

The section updates the legal definitions related to mental health in U.S. law by clarifying terms like "mentally incompetent" and "psychiatric hospital." It specifies conditions and exceptions for individuals considered to have mental health issues within legal proceedings and replaces outdated terms in existing laws to ensure consistency.

6. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes Read Opens in new tab

Summary AI

The text amends Chapter 55 of title 38 of the United States Code to specify that a person cannot be considered legally mentally incompetent just because they are mentally incapacitated or unconscious, unless a judge or similar authority decides they are a threat to themselves or others. This change ensures that such a decision must be made by a judicial authority.

5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes Read Opens in new tab

Summary AI

In cases related to the administration of certain laws and benefits, a person cannot be classified as mentally incompetent unless a judge or similar authority decides they are a danger to themselves or others.

7. Reports and certifications to Congress Read Opens in new tab

Summary AI

The section requires various federal agencies to submit annual reports to Congress about their sharing of records with the National Instant Criminal Background Check System (NICS), and outlines how these records should be updated or corrected. It also mandates the Department of Justice to report yearly on firearms-related prosecutions, including details about cases where no charges were filed and outcomes of those that were prosecuted.

8. Increasing Federal prosecution of gun violence Read Opens in new tab

Summary AI

The bill requires the Attorney General to create the Nationwide Project Exile Expansion, a program in specific areas to increase the prosecution of gun-related crimes by coordinating with state and local authorities. It authorizes funding for prosecutors and agents and mandates yearly reports to Congress on the program's impact, including prosecution statistics and task force activities.

Money References

  • — (1) IN GENERAL.—There are authorized to be appropriated to carry out the program under this section $15,000,000 for each of fiscal years 2025, 2026, and 2027, which shall be used for salaries and expenses of Assistant United States Attorneys and Bureau of Alcohol, Tobacco, Firearms and Explosives agents.

9. Prosecution of felons and fugitives who attempt to illegally purchase firearms Read Opens in new tab

Summary AI

The bill establishes the Felon and Fugitive Firearm Task Force within the Department of Justice to focus on investigating and prosecuting convicted felons and fugitives who try to illegally buy firearms. It allocates up to $10 million annually from 2025 to 2029 for these efforts, with a small portion allowed for administrative costs, and the task force will dissolve after five years.

Money References

  • — (1) ESTABLISHMENT.—There is established a task force within the Department of Justice, which shall be known as the Felon and Fugitive Firearm Task Force (referred to in this section as the “Task Force”), to strengthen the efforts of the Department of Justice to investigate and prosecute cases of convicted felons and fugitives from justice who illegally attempt to purchase a firearm. (2) MEMBERSHIP.—The members of the Task Force shall be— (A) the Deputy Attorney General, who shall serve as the Chairperson of the Task Force; (B) the Assistant Attorney General for the Criminal Division; (C) the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives; (D) the Director of the Federal Bureau of Investigation; and (E) such other officers or employees of the Department of Justice as the Attorney General may designate. (3) DUTIES.—The Task Force shall— (A) provide direction for the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; and (B) provide recommendations to the Attorney General relating to— (i) the allocation and reallocation of resources of the Department of Justice for investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; (ii) enhancing cooperation among agencies and entities of the Federal Government in the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; (iii) enhancing cooperation among Federal, State, and local authorities responsible for the investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm; and (iv) changes in rules, regulations, or policy to improve the effective investigation and prosecution of cases of convicted felons and fugitives from justice attempting to illegally purchase a firearm. (4) MEETINGS.—The Task Force shall meet not less than twice per year. (5) TERMINATION.—The Task Force shall terminate on the date that is 5 years after the date of enactment of this Act. (b) Authorization for use of funds.—Section 524(c)(1) of title 28, United States Code, is amended— (1) in subparagraph (I), by striking “and” at the end; (2) in subparagraph (J), by striking the period at the end and inserting “; and”; and (3) by inserting after subparagraph (J) the following: “(K) the investigation and prosecution of cases of convicted felons and fugitives from justice who illegally attempt to purchase a firearm, in accordance with the direction provided under section 9 of the Protecting Communities and Preserving the Second Amendment Act of 2024, provided that— “(i) not more than $10,000,000 shall be available to the Attorney General for each of fiscal years 2025 through 2029 under this subparagraph; and “(ii) not more than 5 percent of the amounts made available under this subparagraph may be used for the administrative costs of the task force established under section 9 of the Protecting Communities and Preserving the Second Amendment Act of 2024.”. ---

10. Limitation on operations by the Department of Justice Read Opens in new tab

Summary AI

The Department of Justice and its agencies are prohibited from running operations that involve encouraging gun dealers to sell firearms to individuals suspecting the guns will be used illegally, unless a top official personally reviews and approves a plan with measures to prevent illegal transfers.

11. Increased penalties for lying and buying Read Opens in new tab

Summary AI

The bill proposes to amend Section 924(a)(1) of title 18 of the United States Code by changing the maximum penalty for lying when buying firearms from five years to five years generally, and up to ten years if the offense involves a specific type of violation.

12. Amendment to section 924(a) Read Opens in new tab

Summary AI

Section 924(a)(8) of title 18 in the United States Code is changed by adding a reference to subsection “(n)” alongside the existing references to subsections “(d)” and “(g)”.

13. Study by the National Institute of Justice and National Academy of Sciences on the causes of mass shootings Read Opens in new tab

Summary AI

The section mandates a study by the National Institute of Justice and the National Academy of Sciences to investigate the causes of mass shootings, such as mental illness, violent video games, familial relationships, and bullying. The study aims to provide Congress with a report on these factors within a year, with a focus on understanding what drives individuals to commit such acts.

14. Reports to Congress regarding ammunition purchases by Federal agencies Read Opens in new tab

Summary AI

The section requires the Director of the Office of Management and Budget to report to Congress within a year about federal agencies' ammunition activities. The report must detail ammunition purchases, expenditures, stockpiles, usage, and future needs for each agency over the past year.

15. Reduction of Byrne JAG funds for State failure to provide mental health records to NICS Read Opens in new tab

Summary AI

The section discusses amendments to the NICS Improvement Amendments Act of 2007, mandating that the Attorney General reduce the allocated funds to a state by 5% if it doesn't provide sufficient mental health records or have statutes in place to do so within 18 months of the enactment of a new law. If after five years the state still lacks such statutes, the reduction increases to 10%.

16. Firearm commerce modernization Read Opens in new tab

Summary AI

The section modernizes firearm commerce by allowing firearms to be transferred when someone is temporarily located in a state and updates how dealers can operate locations. It specifies residency rules for members of the armed forces and certain U.S. officers stationed overseas, considering them residents of multiple states for legal purposes.

17. Interstate transportation of firearms or ammunition Read Opens in new tab

Summary AI

This section amends U.S. law to specify that people are allowed to transport firearms or ammunition across state lines for any lawful purpose as long as they follow certain conditions, such as ensuring the firearm is unloaded and kept in a locked container. It also clarifies that individuals cannot be arrested or detained under state laws regarding transportation of firearms unless there is evidence of non-compliance, and it shifts the burden of proof to the government in legal disputes over these transports.

926A. Interstate transportation of firearms or ammunition Read Opens in new tab

Summary AI

The section outlines the rules for transporting firearms and ammunition across state lines, allowing individuals who are legally permitted to possess these items to transport them as long as the firearms are unloaded and kept in a locked container or secured safely. It also states that individuals cannot be arrested or detained for transporting firearms unless there is evidence of breaking these rules, and if used as a defense in court, the government must prove otherwise.

18. Preventing duplicative grants Read Opens in new tab

Summary AI

The proposed amendment to Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 requires the Attorney General to check for duplicate grants before awarding them. If duplicate grants are awarded, a report listing these grants and explaining why they were awarded must be submitted to the relevant Senate and House committees.

Money References

  • “(2) REPORT.—If the Attorney General awards duplicate grants to the same applicant for the same purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes— “(A) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and “(B) the reason the Attorney General awarded the duplicate grants.”. ---

19. Regional firearms trafficking task forces Read Opens in new tab

Summary AI

The Attorney General is required to establish or maintain firearms trafficking task forces in designated field divisions of the Bureau of Alcohol, Tobacco, Firearms and Explosives, including Houston, Phoenix, Dallas, and Los Angeles. Each task force must have at least 12 special agents and focus on investigating firearms trafficking, particularly looking for violations of certain laws.