New 'Back the Blue Act' Expands Federal Gun Rights for Officers and Limits Civil Lawsuits for Injured Felons

The “Back the Blue Act of 2025” is a sweeping piece of legislation that significantly expands federal protections for law enforcement officers and public safety officials across the country. The bill creates new, serious federal crimes—including those punishable by life imprisonment or the death penalty—for killing, attempting to kill, or even fleeing prosecution after killing a judge, federal officer, or any “federally funded public safety officer.” This last category is broad, covering anyone from a local police officer to a firefighter or ambulance crew member working for an agency that receives any kind of federal financial assistance.

The New Federal Hammer: Mandatory Minimums and the Death Penalty

This bill dramatically increases the federal government's role in prosecuting violence against officers. For instance, if someone assaults a state or local law enforcement officer whose agency receives federal funds, that assault could become a federal crime. The penalties are severe, ranging from a minimum of two years for simple bodily injury up to a minimum of 20 years if a deadly weapon is used. Critically, the bill adds a new aggravating factor to the federal death penalty statute specifically for the killing of law enforcement officers, prosecutors, judges, and first responders. This means that in federal capital cases, targeting a public safety official becomes an explicit reason to pursue the death sentence.

The Fine Print on Accountability: Civil Rights and Damages

Section 5 of this bill is where things get really interesting for everyday civil rights. It limits the damages a person can recover in a civil rights lawsuit (a Section 1983 claim) if they were injured while they were "more likely than not" committing a felony or a crime of violence. If you were engaged in a crime and were injured by an officer, you could still sue, but you would be blocked from recovering for pain and suffering, emotional distress, or other non-monetary losses. You could only recover for direct monetary losses, like medical bills. Furthermore, you would be prevented from recovering attorney’s fees, which often makes it impossible for people to afford these types of lawsuits in the first place. For someone claiming excessive force during an arrest where they were also breaking the law, this provision could effectively shut down their ability to challenge the officer’s actions in court.

Expanding Firearm Rights for Active and Retired Officers

On the operational side, the bill expands where qualified active and retired law enforcement officers can carry their firearms. It explicitly states that the authority to carry a concealed firearm extends to carrying any magazine for that firearm. More significantly, it exempts both active and retired officers from the federal Gun-Free School Zones Act, meaning they can carry firearms near schools, and it allows them to carry firearms and ammunition in certain “Facility Security Level I or II civilian public access facilities.” This means officers could carry in federal buildings open to the public, even where firearms were previously prohibited, provided the facility meets the security level criteria.

Limiting Appeals for Murder Convictions

Finally, the bill takes aim at the federal appeals process for state murder convictions involving public safety officers. Section 4 imposes significant restrictions on federal habeas corpus relief—the legal path used to challenge state convictions on constitutional grounds. For those convicted in state court of killing an officer, the bill mandates a faster, more restrictive appeals timeline and explicitly blocks federal courts from considering certain claims already decided by the state court. Perhaps most impactful, it prohibits the use of Rule 60(b)(6), which courts sometimes use to grant relief in truly extraordinary circumstances, effectively closing off a last-resort avenue for constitutional review in these specific cases. This provision aims to speed up the finality of convictions and sentences for these high-profile crimes.