Federal Gun Legislation Since 2022
The federal assault weapons ban expired in 2004. In the 22 years since, Congress has not renewed it, and its last gun safety law, the Bipartisan Safer Communities Act, passed in 2022. 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, and a federal extreme risk protection order (ERPO) framework. Virginia passed these measures at the state level. The bill would make them federal.
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. 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 28 states have no legal mechanism for temporary firearm removal.
State Gun Laws Passed in 2025 and 2026
In 2025 and 2026, some states passed new gun safety laws while others loosened restrictions.
Virginia enacted an assault weapons ban and high-capacity magazine limits, building on the measures that formed the basis of S. 4339; a state court put the ban on hold starting July 21, 2026, as our assault weapons ban explainer tracks. Rhode Island signed an assault weapons ban taking effect July 1, 2026.
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.
| State | 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 |
Source: Giffords Law Center, gunlawsbystate.com.
Giffords Law Center →| Action | 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 |
OBBBA deregulation applies nationally. H.R. 38 passed the House, stalled in the Senate.
Congress.gov →State Bans on Enforcing Red Flag Laws
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-two states and Washington, D.C. have ERPO laws on the books, after Maine voters added one in November 2025. Studies find 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. In these states, a family has no court process to ask for temporary removal of a relative’s firearms.
Gun Violence Data for 2026
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 account for a small fraction of gun deaths.
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.
Americans bought 2.4 million handguns and 1.4 million long guns in Q1 2026. The 2025 tax law set the federal tax on suppressors to $0; National Firearms Act registration still applies.
| 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 counts of people who are dead or wounded.
Gun Violence Archive / The Trace →What You Can Do About Gun Safety
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Tell your senators to co-sponsor the Virginia Plan (S. 4339). It includes purchase limits, an 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 to check your registration and your state’s deadline.
Last updated October 3, 2026