Protecting Communities and Preserving the Second Amendment Act of 2025

This bill addresses gun violence by improving the National Instant Criminal Background Check System (NICS), enhancing mental health record reporting, increasing federal prosecution of gun crimes, and modernizing firearm commerce. It also establishes task forces, studies mass shootings, and imposes penalties for states that fail to provide mental health records to NICS.

Sec. 3, Reauthorization and improvements to NICS: Authorizes $20 million per year from 2026 through 2030 for NICS grants and adds accountability provisions requiring audits by the Inspector General of the Department of Justice to prevent waste, fraud, and abuse.

Sec. 4, Availability of records to NICS: Requires the Attorney General to issue guidance within 45 days on identifying and sharing relevant federal records with NICS, and each agency must prioritize submitting such records and report on its implementation plan.

Sec. 5, Definitions relating to mental health: Amends the definition of "adjudicated mentally incompetent" in federal law to require a hearing with notice and opportunity for counsel, and a finding of danger to self or others, among other specific conditions.

Sec. 6, Conditions for considering certain persons as adjudicated mentally incompetent: For VA benefits, a person deemed mentally incapacitated cannot be considered adjudicated mentally incompetent for firearm prohibitions without a judicial order finding them a danger.

Sec. 7, Reports and certifications to Congress: Requires each agency with relevant federal records to submit annual reports to Congress on records shared with NICS, obstacles, and steps to improve, with possible certification to waive the requirement.

Sec. 8, Increasing federal prosecution of gun violence: Establishes the Nationwide Project Exile Expansion program within 90 days, coordinating with state and local law enforcement to identify and prosecute violations of federal firearms laws, including task forces and dedicated prosecutors.

Sec. 9, Prosecution of felons and fugitives who attempt to illegally purchase firearms: Creates a task force within the Department of Justice to strengthen investigation and prosecution of convicted felons and fugitives attempting illegal firearm purchases.

Sec. 10, Limitation on operations by the Department of Justice: Prohibits DOJ operations where a federal firearms licensee is encouraged to sell to a straw purchaser unless personally approved in writing by the Attorney General, Deputy Attorney General, or Assistant Attorney General for the Criminal Division.

Sec. 11, Increased penalties for lying and buying: Increases the maximum penalty for making false statements in firearm purchases from 5 years to 10 years for violations under subparagraph (A).

Sec. 12, Amendment to section 924: Expands the scope of a penalty provision to include violations under section 922(n) in addition to sections 922(d) and (g).

Sec. 13, Study by the National Institute of Justice and National Academy of Sciences on the causes of mass shootings: Directs a peer-reviewed study on causes of mass shootings, including psychological factors and violent video games, with a report to Congress within one year.

Sec. 14, Reports to Congress regarding ammunition purchases by Federal agencies: Requires the Director of the Office of Management and Budget to report annually on all federal agency ammunition purchases, expenditures, stockpiles, and future needs.

Sec. 15, Reduction of Byrne JAG funds for State failure to provide mental health records to NICS: Withholds 5% of Byrne JAG funds from states that fail to provide 90% of required mental health records within 18 months, increasing to 10% after 5 years.

Sec. 16, Firearm commerce modernization: Allows licensed dealers to sell firearms to non-residents at temporary locations and clarifies that licensed persons can transfer firearms across state lines.

Sec. 17, Interstate transportation of firearms or ammunition: Protects the right to transport unloaded firearms and ammunition across state lines, including stops for lodging, food, fuel, or emergencies, as long as the firearm is locked or secured.

Sec. 18, Preventing duplicative grants: Requires the Attorney General to compare grant awards to avoid duplicates and report to Congress if duplicate grants are awarded for the same purpose.

Sec. 19, Regional firearms trafficking task forces: Requires the Attorney General to establish or maintain firearms trafficking task forces in Houston, Phoenix, Dallas, and Los Angeles, each with at least 12 ATF special agents, to investigate trafficking violations.