Shall Not Be Infringed Act of 2026
- Bill Number
- H.R. 7935
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-03-16: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-04-02T19:19:30Z
AI-Generated Summary
H.R. 7935: Shall Not Be Infringed Act of 2026
Purpose
The bill aims to create a civil lawsuit option for individuals harmed in "gun-free zones" (areas where public carry of firearms is banned by law) if they are licensed to carry a firearm in their home state and could have prevented or reduced the harm by carrying there. It ties compliance to eligibility for specific federal law enforcement grants, pressuring states and local governments to allow such lawsuits or lose most funding.
Key Provisions
- Civil Cause of Action (Sec. 2(a)):
- Applies to states or local governments with gun-free zones.
- Victims harmed by a firearm in such a zone can sue if:
- They are authorized to carry a firearm in their state of residence.
- They could have stopped or lessened the harm if allowed to carry.
- Damages include compensation for losses and pain/suffering.
- Funding Penalty for Byrne-JAG Grants (Sec. 2):
- Grace period: First full fiscal year after enactment.
- After that, non-compliant states/localities face up to 99% cut in Edward Byrne Memorial Justice Assistance Grant Program funds.
- Withheld funds reallocated to compliant areas.
- Funding Penalty for COPS Grants (Sec. 3):
- Same requirements and up to 99% cut in Community Oriented Policing Services grants after the grace period.
- Definitions (Sec. 4): Uses terms from the Omnibus Crime Control and Safe Streets Act of 1968 (e.g., "State" includes U.S. territories).
Significant Changes to Existing Law
- Introduces a new federal civil remedy against states/local governments for harms in gun-free zones, not previously available.
- Conditions two major federal grant programs (Byrne-JAG and COPS, which provide billions for policing and crime prevention) on this policy, a major shift from unconditional funding.
- No direct repeal of gun-free zones but strong financial incentive to modify them or accept lawsuits.
Potential Impacts
- Government Agencies: States and cities risk massive funding losses (e.g., Byrne-JAG totals ~$1-2 billion annually), potentially forcing policy changes like expanding concealed carry rights for out-of-state licensees.
- Citizens:
- Victims gain lawsuit access for gun-free zone incidents.
- Possible increase in lawful firearm carrying in public spaces if zones are eliminated.
- No notable international relations impact.
Main Stakeholders Affected
- States and local governments: Primary targets for lawsuits and funding cuts.
- Law enforcement agencies: Depend on Byrne-JAG and COPS for hiring, training, and equipment.
- Firearm licensees from other states: Gain protection/remedy when traveling.
- Crime victims in gun-free zones: New path to compensation.
- Taxpayers: Funding reallocations shift resources between compliant/non-compliant areas.
Notable Legal, Constitutional, or Political Implications
- Legal: Creates private right of action (civil lawsuit basis) enforceable in court; "gun-free zone" broadly defined to include any public carry ban.
- Constitutional: Raises federalism concerns (federal government conditioning grants on state/local gun policies, akin to past highway funding disputes); potential Second Amendment ties by promoting interstate carry rights.
- Political: Highly divisive on gun rights—could lead to lawsuits challenging gun laws or funding conditions as coercive; encourages "constitutional carry" reciprocity across states.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. McGuire, John J. [R-VA-5]
Cosponsors (1)
Recent Actions
- 2026-03-16: Referred to the House Committee on the Judiciary.
- 2026-03-16: Introduced in House
- 2026-03-16: Introduced in House
Bill Versions
- Shall Not Be Infringed Act of 2026 — issued 2026-03-16 — PDF (4 pages)