Congress has not passed a gun safety law in a decade. Two new bills are trying to change that.
The federal assault weapons ban expired in 2004. In the 22 years since, Congress has not renewed it. The Assault Weapons Ban of 2025 was introduced in both chambers as H.R. 3115 and S. 1531. Neither has received a committee vote.
On April 16, 2026, the 19th anniversary of the Virginia Tech massacre, Senators Mark Warner and Tim Kaine introduced the Virginia Plan to Reduce Gun Violence Act (S. 4339). The bill is built on laws already working in Virginia: one-handgun-a-month purchase limits, mandatory reporting of lost or stolen firearms, closing the boyfriend loophole in domestic violence prohibitions, a federal extreme risk protection order (ERPO) framework, and designating mental healthcare facilities as gun-free zones. Virginia passed these measures at the state level. The bill would make them federal.
Meanwhile, Congress moved in the opposite direction on suppressors. The One Big Beautiful Bill Act removed the $200 NFA tax stamp on suppressors effective January 1, 2026, making them easier and cheaper to buy. The Constitutional Concealed Carry Reciprocity Act (H.R. 38) passed the House and would force every state to honor concealed carry permits from every other state, regardless of local standards. It is stalled in the Senate.
If Congress Passes the Virginia Plan (S. 4339)
A federal one-handgun-a-month limit slows bulk straw purchases that supply illegal markets. A national ERPO framework gives every state a tool to temporarily remove firearms from people in crisis. Lost and stolen firearms must be reported, closing a loophole gun traffickers exploit. The boyfriend loophole closes federally, not just in the states that have already acted.
If Congress Does Nothing
Federal gun policy stays frozen at 2022 levels. States continue diverging: some pass assault weapons bans while others eliminate permit requirements entirely. Straw purchases and trafficking continue through states with no purchase limits. People in crisis in 29 states have no legal mechanism for temporary firearm removal.
22 years since the last federal assault weapons ban expired, with no renewal
States are writing the gun laws Congress will not. The results depend entirely on where you live.
In 2025 and 2026, a wave of states passed gun safety legislation while others moved aggressively to loosen restrictions. The country is splitting into two legal realities on firearms.
Virginia enacted an assault weapons ban and high-capacity magazine limits, building on the measures that formed the basis of S. 4339. Colorado expanded its red flag law and passed universal background checks for all firearm transfers. Rhode Island signed an assault weapons ban taking effect July 1, 2026. Maine and Oregon closed the private sale loophole with universal background check requirements. Maryland passed both an assault weapons ban and a mandatory waiting period.
On the other side, the One Big Beautiful Bill Act (OBBBA) removed the federal tax stamp on suppressors, effective January 1, 2026. That deregulation applies nationally. Multiple states expanded concealed carry by eliminating permit requirements entirely, a policy known as constitutional carry. The number of constitutional carry states has grown to 29.
| States that passed gun safety laws (2025-2026) | What they passed |
|---|---|
| Virginia | Assault weapons ban, magazine limits, one-handgun-a-month |
| Colorado | Universal background checks, expanded red flag law |
| Rhode Island | Assault weapons ban (effective July 1, 2026) |
| Maine | Universal background checks |
| Oregon | Universal background checks |
| Maryland | Assault weapons ban, waiting period |
| States that loosened restrictions (2025-2026) | What changed |
|---|---|
| Federal (OBBBA) | Suppressor tax stamp removed |
| 29 states total | Constitutional carry (no permit required for concealed carry) |
| H.R. 38 (if passed) | National concealed carry reciprocity |
The practical result: a person prohibited from buying a second handgun in Virginia can drive to a state with no purchase limits, buy as many as they want, and bring them back. Federal law has not caught up to what states are doing.
Six states now make it a crime to enforce red flag laws. More are trying.
Extreme risk protection orders let a family member, roommate, or law enforcement officer ask a judge to temporarily remove firearms from someone in crisis. Twenty-one states and Washington, D.C. have ERPO laws on the books. Research consistently shows they prevent suicides, which account for the majority of gun deaths in the United States.
Six states have now passed laws that ban enforcement of red flag orders entirely. Montana imposes a $10,000 fine per violation on any official who enforces one. Texas made enforcement a felony punishable by up to two years in prison. Wyoming set penalties at one year in prison and a $2,000 fine. Three additional states are considering similar bans.
The proposals are escalating. Iowa and Missouri have introduced bills with $50,000 fines for enforcement. South Carolina’s proposal would make enforcement a felony. These laws do not just decline to adopt ERPOs. They criminalize the act of trying to use them.
This creates an impossible situation for families. A mother in Montana who sees her son posting threats and stockpiling ammunition has no legal tool to intervene. If she calls law enforcement and asks them to act, the officer who responds could be fined $10,000. The legal system has been designed to prevent the intervention.
Who This Affects
David, 62, Rural Texas
His adult son moved home after a divorce, stopped taking his medication, and began talking about ending his life. David found three loaded handguns in his son's room. In a state with a red flag law, David could petition a judge to temporarily remove the firearms while his son gets help. In Texas, attempting to use a red flag order is a felony. David called a crisis hotline. They told him to hide the guns if he could. His son found them. David now drives his son to therapy twice a week and checks the room every night. He has no legal authority to remove the weapons, and asking law enforcement to help could put someone in prison.
Based on documented cases and public data.
Gun suicides: 27,593 in 2024 ERPOs are one of the few interventions proven to reduce them
134 mass shootings. 147 dead. No day without at least 18 gun deaths.
Through April 30, 2026, the Gun Violence Archive recorded 134 mass shootings, killing 147 people and wounding 529. In the first quarter alone, there were 94 mass shootings, up from 69 in Q1 2025. That is a 36% increase.
Mass shootings dominate headlines, but they account for a small fraction of gun deaths. The full picture is worse and quieter.
In 2024, 27,593 Americans died by gun suicide and 15,364 were killed in gun homicides. Suicide is the majority of gun deaths in the United States and has been for decades. In Q1 2026, no single day had fewer than 18 gun deaths from all causes. Not one.
Americans bought 2.4 million handguns and 1.4 million long guns in Q1 2026 alone. The suppressor deregulation in the OBBBA removed the last significant federal friction point for those accessories.
| Metric | Number | Source |
|---|---|---|
| Mass shootings (Jan-Apr 2026) | 134 | Gun Violence Archive |
| Killed in mass shootings (Jan-Apr 2026) | 147 | Gun Violence Archive |
| Wounded in mass shootings (Jan-Apr 2026) | 529 | Gun Violence Archive |
| Q1 2026 mass shootings | 94 (up 36% from Q1 2025) | The Trace |
| Gun suicides (2024) | 27,593 | Gun Violence Archive |
| Gun homicides (2024) | 15,364 | Gun Violence Archive |
| Handguns sold Q1 2026 | 2.4 million | The Trace |
| Long guns sold Q1 2026 | 1.4 million | The Trace |
These numbers are not projections. They are counts of people who are dead or wounded. Every one of them had a name, a family, and a community that absorbed the impact.
Protect yourself right now
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Tell your senators to co-sponsor the Virginia Plan (S. 4339). This is the most comprehensive federal gun safety bill with a chance of moving. It includes purchase limits, ERPO framework, lost/stolen reporting, and the boyfriend loophole closure. Call the Senate switchboard at (202) 224-3121 and ask for your senator by name.
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Tell your state legislature to protect red flag law enforcement. If your state has an ERPO law, it only works if officials can enforce it without facing criminal charges. If your state is considering a ban on enforcement, contact your state representative. The Giffords Law Center tracks red flag legislation by state.
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Check your state’s gun laws. Laws changed in dozens of states in 2025 and 2026. What was legal last year may not be now, and what was restricted may have been loosened. The Giffords gun law navigator and gunlawsbystate.com have current information.
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Register to vote for the 2026 midterms. Gun policy is decided by the people in office. Every seat in the House and a third of the Senate are on the ballot in November. Go to vote.gov and verify your registration today. Do not wait until the deadline.
Last updated May 26, 2026