This Act establishes a federal bankruptcy exemption allowing individuals to keep up to \$3,000 worth of firearms when filing for Chapter 7 or Chapter 13 bankruptcy.
Claudia Tenney
Representative
NY-24
The Protecting Gun Owners in Bankruptcy Act establishes a new federal bankruptcy exemption allowing individuals filing for Chapter 7 or Chapter 13 to keep their firearms. Specifically, debtors can now exempt their aggregate interest in a single firearm or collection of firearms up to a total value of \$3,000. This change applies only to bankruptcy cases filed on or after the date the Act is enacted into law.
The “Protecting Gun Owners in Bankruptcy Act” is a focused piece of legislation that changes the rules for what people can keep when they file for bankruptcy. Specifically, it creates a new federal exemption allowing debtors to hold onto their firearms, up to a total combined value of $3,000.
When someone files for Chapter 7 or Chapter 13 bankruptcy, they are allowed to keep certain assets—called exemptions—to ensure they can restart their financial lives. This bill adds a specific exemption for guns. Under Section 2, anyone filing bankruptcy can now claim an aggregate interest of up to $3,000 in a single firearm or a collection of firearms as exempt property. Think of it like this: If you own a rifle and a pistol worth $2,500 total, you get to keep them. If your collection is worth $5,000, the first $3,000 is protected, and the remaining $2,000 could potentially be sold off to pay creditors.
This change is a clear win for debtors who own firearms and run into financial trouble. For many, firearms are significant personal property, and this provision ensures they don't have to choose between financial recovery and giving up those assets. This is particularly relevant for people who rely on certain firearms for hunting or personal protection. However, bankruptcy is a balancing act. Every dollar a debtor gets to keep is a dollar that unsecured creditors—like credit card companies or medical providers—don’t receive. By carving out an extra $3,000 worth of protected assets, this bill effectively reduces the pool of money available to pay off those debts.
According to Section 3, this new rule will only apply to new bankruptcy cases filed after the bill is signed into law. If you’re already halfway through a Chapter 7 filing, this exemption won't help you. The law is clear that it doesn't retroactively apply to existing cases. The provisions are straightforward, setting a clear, defined monetary limit, which keeps the vagueness low. The main practical challenge will be the valuation of the firearms collection—determining the fair market value of a collection can sometimes be subjective, but the $3,000 ceiling itself is firm.