Federal Extreme Risk Protection Order Act of 2023
This bill authorizes and establishes procedures for federal courts to issue federal extreme risk protection orders. Additionally, the bill establishes grants to support the implementation of extreme risk protection order laws at the state and local levels, extends federal firearms restrictions to individuals who are subject to extreme risk protection orders, and expands related data collection.
Extreme risk protection order laws, or red flag laws, generally allow certain individuals (e.g., law enforcement officers or family members) to petition a court for a temporary order that prohibits an at-risk individual from purchasing and possessing firearms.
Among its provisions, the bill
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3018 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3018
To authorize the issuance of extreme risk protection orders.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2023
Mrs. McBath (for herself and Mr. Carbajal) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the issuance of extreme risk protection orders.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Extreme Risk Protection
Order Act of 2023''.
SEC. 2. FEDERAL EXTREME RISK PROTECTION ORDERS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 935. Extreme risk protection orders
``(a) Definitions.--In this section--
``(1) the term `court' means a district court of the United
States;
``(2) the term `designated law enforcement officer' means a
law enforcement officer, designated by a United States marshal,
who agrees to receive firearms, ammunition, and permits, as
applicable, surrendered under subsection (f);
``(3) the term `Director' means the Director of the
Administrative Office of the United States Courts;
``(4) the term `ex parte Federal extreme risk protection
order' or `ex parte Federal order' means a Federal extreme risk
protection order issued under subsection (c);
``(5) the term `Federal extreme risk protection order'
means an order issued by a Federal court that enjoins an
individual from purchasing, possessing, or receiving, in or
affecting interstate and foreign commerce, a firearm or
ammunition;
``(6) the term `family or household member', with respect
to a Federal order respondent, means any--
``(A) parent, spouse, sibling, or child related by
blood, marriage, or adoption to the respondent;
``(B) dating partner of the respondent;
``(C) individual who has a child in common with the
respondent, regardless of whether the individual has--
``(i) been married to the respondent; or
``(ii) lived together with the respondent
at any time;
``(D) individual who resides or has resided with
the respondent during the past year;
``(E) domestic partner of the respondent;
``(F) individual who has a legal parent-child
relationship with the respondent, including a
stepparent-stepchild and grandparent-grandchild
relationship; and
``(G) individual who is acting or has acted as the
legal guardian of the respondent;
``(7) the term `Federal order petitioner' means an
individual authorized to petition for an ex parte or long-term
Federal extreme risk protection order under subsection (b)(1);
``(8) the term `Federal order respondent' means an
individual named in the petition for an ex parte or long-term
Federal extreme risk protection order or subject to an ex parte
or long-term Federal extreme risk protection order;
``(9) the term `long-term Federal extreme risk protection
order' or `long-term Federal order' means a Federal extreme
risk protection order issued under subsection (d);
``(10) the term `mental health agency' means an agency of a
State, Tribal, or local government or its contracted agency
that is responsible for mental health services or co-occurring
mental health and substance abuse services; and
``(11) the term `national instant criminal background check
system' means the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901).
``(b) Petition.--
``(1) In general.--A family or household member of the
applicable individual, or a law enforcement officer, may submit
to an appropriate district court of the United States a
petition requesting that the court issue an ex parte Federal
extreme risk protection order or long-term Federal extreme risk
protection order with respect to an individual.
``(2) No fees.--A court or law enforcement agency may not
charge a petitioner or respondent any fee for--
``(A) filing, issuing, serving, or reporting an
extreme risk protection order;
``(B) a petition for an extreme risk protection
order or any pleading, subpoena, warrant, or motion in
connection with an extreme risk protection order; or
``(C) any order or order to show cause necessary to
obtain or give effect to this section.
``(3) Confidentiality.--A Federal order petitioner who is a
law enforcement officer may provide the identity of the
petitioner's sources, and any identifying information, to the
court under seal.
``(c) Ex Parte Orders.--
``(1) Timing.--
``(A) In general.--Except as provided in
subparagraph (B), a court that receives a petition for
an ex parte Federal order under subsection (b) shall
grant or deny the petition on the date on which the
petition is submitted.
``(B) Late petitions.--If a court receives a
petition for an ex parte Federal order submitted under
subsection (b) too late in the day to permit effective
review, the court shall grant or deny the petition on
the next day of judicial business at a time early
enough to permit the court to file an order with the
clerk of the court during that day.
``(2) Evidence required.--Before issuing an ex parte
Federal order, a court shall require that the petitioner for
such order submit a signed affidavit, sworn to before the
court, that--
``(A) explains why such petitioner believes that
the Federal order respondent poses a risk of imminent
personal injury to self or another individual, by
purchasing, possessing, or receiving a firearm or
ammunition; and
``(B) describes the interactions and conversations
of the petitioner with--
``(i) the respondent; or
``(ii) another individual, if such
petitioner believes that information obtained
from that individual is credible and reliable.
``(3) Standard for issuance of order.--A court may issue an
ex parte Federal order only upon a finding of probable cause to
believe that--
``(A) the Federal order respondent poses a risk of
imminent personal injury to self or another individual,
by purchasing, possessing, or receiving a firearm or
ammunition; and
``(B) the order is necessary to prevent the injury
described in subparagraph (A).
``(4) Duration.--An ex parte Federal order shall expire on
the earlier of--
``(A) the date that is 14 days after the date of
issuance; or
``(B) the date on which the court determines
whether to issue a long-term Federal order with respect
to the respondent.
``(d) Long-Term Federal Orders.--
``(1) Hearing required.--If a court receives a petition for
a long-term Federal extreme risk protection order for a
respondent under subsection (b), the court shall hold a hearing
to determine whether to issue a long-term Federal order with
respect to the respondent either--
``(A)(i) if the court issues an ex parte order with
respect to the respondent, not later than 72 hours
after the ex parte order is served on the respondent;
or
``(ii) if the respondent waives the right to a
hearing within the 72-hour period under clause (i), or
the court does not issue an ex parte order, within 14
days after the date on which the court receives the
petition; or
``(B) in no event later than 14 days after the date
on which the court receives the petition.
``(2) Notice and opportunity to be heard.--
``(A) In general.--The court shall provide the
Federal order respondent with notice and the
opportunity to be heard at a hearing under this
subsection, sufficient to protect the due process
rights of the respondent.
``(B) Right to counsel.--
``(i) In general.--At a hearing under this
subsection, the Federal order respondent may be
represented by counsel who is--
``(I) chosen by the respondent; and
``(II) authorized to practice at
such a hearing.
``(ii) Court-provided counsel.--If the
Federal order respondent is financially unable
to obtain representation by counsel, the court,
at the request of the respondent, shall ensure,
to the extent practicable, that the respondent
is represented by an attorney with respect to
the petition.
``(3) Burden of proof; standard.--At a hearing under this
subsection, the Federal order petitioner--
``(A) shall have the burden of proving all material
facts; and
``(B) shall be required to demonstrate, by clear
and convincing evidence, that--
``(i) the respondent to such order poses a
risk of personal injury to self or another
individual, during the period to be covered by
the proposed Federal extreme risk protection
order, by purchasing, possessing, or receiving
a firearm or ammunition; and
``(ii) the order is necessary to prevent
the injury described in clause (i).
``(4) Issuance.--Upon a showing of clear and convincing
evidence under paragraph (3), the court shall issue a long-term
Federal order with respect to the respondent that shall be in
effect for a period of not more than 180 days.
``(5) Denial.--If the court finds that there is not clear
and convincing evidence to support the issuance of a long-term
Federal order, the court shall dissolve any ex parte Federal
order then in effect with respect to the respondent.
``(6) Renewal.--
``(A) Notice of scheduled expiration.--Thirty days
before the date on which a long-term Federal order is
scheduled to expire, the court that issued the order
shall--
``(i) notify the petitioner and the
respondent to such order that the order is
scheduled to expire; and
``(ii) advise the petitioner and the
respondent of the procedures for seeking a
renewal of the order under this paragraph.
``(B) Petition.--If a family or household member of
the Federal order respondent, or a law enforcement
officer, believes that the conditions under paragraph
(3)(B) continue to apply with respect to a respondent
who is subject to a long-term Federal order, the family
or household member or law enforcement officer may
submit to the court that issued the order a petition
for a renewal of the order.
``(C) Hearing.--A court that receives a petition
submitted under subparagraph (B) shall hold a hearing
to determine whether to issue a renewed long-term
Federal order with respect to the respondent.
``(D) Applicable procedures.--The requirements
under paragraphs (2) through (5) shall apply to the
consideration of a petition for a renewed long-term
Federal order submitted under subparagraph (B) of this
paragraph.
``(E) Issuance.--Upon a showing by clear and
convincing evidence that the conditions under paragraph
(3)(B) continue to apply with respect to the
respondent, the court shall issue a renewed long-term
Federal order with respect to the respondent.
``(e) Factors To Consider.--In determining whether to issue a
Federal extreme risk protection order, a court--
``(1) shall consider factors including--
``(A) a recent threat or act of violence by the
respondent directed toward another individual;
``(B) a recent threat or act of violence by the
respondent directed toward self;
``(C) a recent act of cruelty to an animal by the
respondent; and
``(D) evidence of ongoing abuse of a controlled
substance or alcohol by the respondent that has led to
a threat or act of violence directed to self or another
individual; and
``(2) may consider other factors, including--
``(A) the reckless use, display, or brandishing of
a firearm by the respondent;
``(B) a history of violence or attempted violence
by the respondent against another individual; and
``(C) evidence of an explicit or implicit threat
made by the person through any medium that demonstrate
that the person poses a risk of personal injury to self
or another individual.
``(f) Relinquishment of Firearms and Ammunition.--
``(1) Order of surrender.--Upon issuance of an ex parte
Federal order or long-term Federal order, the court shall order
the respondent to such order to surrender all firearms and
ammunition that the respondent possesses or owns, in or
affecting interstate commerce, as well as any permit
authorizing the respondent to purchase or possess firearms
(including a concealed carry permit), to--
``(A) the United States Marshals Service; or
``(B) a designated law enforcement officer.
``(2) Surrender and removal.--
``(A) Manner of service.--
``(i) Personal service.--Except as provided
in clause (ii), a United States marshal or
designated law enforcement officer shall serve
a Federal extreme risk protection order on a
respondent by handing the order to the
respondent to such order.
``(ii) Alternative service.--If the
respondent cannot reasonably be located for
service as described in clause (i), a Federal
extreme risk protection order may be served on
the respondent in any manner authorized under
the Federal Rules of Civil Procedure.
``(B) Removal.--Except as provided in subparagraph
(C), a United States marshal or designated law
enforcement officer serving a Federal extreme risk
protection order personally on the respondent shall--
``(i) request that all firearms and
ammunition, in or affecting interstate
commerce, as well as any permit authorizing the
respondent to purchase or possess firearms
(including a concealed carry permit), that the
respondent possesses or owns--
``(I) be immediately surrendered to
the United States marshal or designated
law enforcement officer; or
``(II) at the option of the
respondent, be immediately surrendered
and sold to a federally licensed
firearms dealer; and
``(ii) take possession of all firearms and
ammunition described in clause (i) that are not
sold under subclause (II) of that clause, as
well as any permit described in that clause,
that are--
``(I) surrendered;
``(II) in plain sight; or
``(III) discovered pursuant to a
lawful search.
``(C) Alternative surrender.--If a United States
marshal or designated law enforcement officer is not
able to personally serve a Federal extreme risk
protection order under subparagraph (A)(i), or is not
reasonably able to take custody of the firearms,
ammunition, and permits under subparagraph (B), the
respondent shall surrender the firearms, ammunition,
and permits in a safe manner to the control of a United
States marshal or designated law enforcement officer
not later than 48 hours after being served with the
order.
``(3) Receipt.--
``(A) Issuance.--At the time of surrender or
removal under paragraph (2), a United States marshal or
designated law enforcement officer taking possession of
a firearm, ammunition, or a permit pursuant to a
Federal extreme risk protection order shall--
``(i) issue a receipt identifying all
firearms, ammunition, and permits that have
been surrendered or removed; and
``(ii) provide a copy of the receipt issued
under clause (i) to the respondent to such
order.
``(B) Filing.--Not later than 72 hours after
issuance of a receipt under subparagraph (A), the
United States marshal who issued the receipt or
designated another law enforcement officer to do so
shall--
``(i) file the original receipt issued
under subparagraph (A) of this paragraph with
the court that issued the Federal extreme risk
protection order; and
``(ii) ensure that the United States
Marshals Service retains a copy of the receipt.
``(C) Designated law enforcement officer.--If a
designated law enforcement officer issues a receipt
under subparagraph (A), the officer shall submit the
original receipt and a copy of the receipt to the
appropriate United States marshal to enable the United
States marshal to comply with subparagraph (B).
``(4) Forfeiture.--If a respondent knowingly attempts, in
violation of a Federal extreme risk protection order, to access
a firearm, ammunition, or a permit that was surrendered or
removed under this subsection, the firearm, ammunition, or
permit shall be subject to seizure and forfeiture under section
924(d).
``(g) Return of Firearms and Ammunition.--
``(1) Notice.--If a Federal extreme risk protection order
is dissolved, or expires and is not renewed, the court that
issued the order shall order the United States Marshals Service
to--
``(A) confirm, through the national instant
criminal background check system and any other relevant
law enforcement databases, that the respondent to such
order may lawfully own and possess firearms and
ammunition; and
``(B)(i) if the respondent may lawfully own and
possess firearms and ammunition, notify the respondent
that the respondent may retrieve each firearm,
ammunition, or permit surrendered by or removed from
the respondent under subsection (f); or
``(ii) if the respondent may not lawfully own or
possess firearms and ammunition, notify the respondent
that each firearm, ammunition, or permit surrendered by
or removed from the respondent under subsection (f)
will be returned only when the respondent demonstrates
to the United States Marshals Service that the
respondent may lawfully own and possess firearms and
ammunition.
``(2) Return.--If a Federal extreme risk protection order
is dissolved, or expires and is not renewed, and the United
States Marshals Service confirms under paragraph (1)(A) that
the respondent may lawfully own and possess firearms and
ammunition, the court that issued the order shall order the
entity that possesses each firearm, ammunition, or permit
surrendered by or removed from the respondent under subsection
(f) to return those items to the respondent.
``(h) Return of Firearms and Ammunition Improperly Received.--If a
court, in a hearing under subsection (d), determines that a firearm or
ammunition surrendered by or removed from a respondent under subsection
(f) is owned by an individual other than the respondent, the court may
order the United States marshal or designated law enforcement officer
in possession of the firearm or ammunition to transfer the firearm or
ammunition to that individual if--
``(1) the individual may lawfully own and possess firearms
and ammunition; and
``(2) the individual will not provide the respondent with
access to the firearm or ammunition.
``(i) Penalty for False Reporting or Frivolous Petitions.--An
individual who knowingly submits materially false information to the
court in a petition for a Federal extreme risk protection order under
this section, or who knowingly files such a petition that is frivolous,
unreasonable, or without foundation, shall be fined not more than
$5,000, or imprisoned not more than 5 years, or both, except to the
extent that a greater sentence is otherwise provided by any other
provision of law, as the court deems necessary to deter such abuse of
process.
``(j) Model Policy.--
``(1) In general.--The Director shall draft a model policy
to maximize the accessibility of Federal extreme risk
protection orders.
``(2) Contents.--In drafting the model policy under
paragraph (1), the Director shall--
``(A) ensure that State, Tribal, and local law
enforcement officers and members of the public without
legal training are able to easily file petitions for
Federal extreme risk protection orders;
``(B) prescribe outreach efforts by employees of
the district courts of the United States to familiarize
relevant law enforcement officers and the public with
the procedures for filing petitions, either--
``(i) through direct outreach; or
``(ii) in coordination with--
``(I) relevant officials in the
executive or legislative branch of the
Federal Government; or
``(II) with relevant State, Tribal,
and local officials;
``(C) prescribe policies for allowing the filing of
petitions and prompt adjudication of petitions on
weekends and outside of normal court hours;
``(D) prescribe policies for coordinating with law
enforcement agencies to ensure the safe, timely, and
effective service of Federal extreme risk protection
orders and relinquishment of firearms, ammunition, and
permits, as applicable; and
``(E) identify governmental and non-governmental
resources and partners to help officials of the
district courts of the United States coordinate with
civil society organizations to ensure the safe and
effective implementation of this section.
``(k) Reporting.--
``(1) Individual reports.--
``(A) In general.--Not later than 2 court days
after the date on which a court issues or dissolves a
Federal extreme risk protection order under this
section or a Federal extreme risk protection order
expires without being renewed, the court shall notify--
``(i) the Attorney General;
``(ii) each relevant mental health agency
in the State in which the order is issued; and
``(iii) State and local law enforcement
officials in the jurisdiction in which the
order is issued, including the national instant
criminal background check system single point
of contact for the State of residence of the
respondent, where applicable.
``(B) Format.--A court shall submit a notice under
subparagraph (A) in an electronic format, in a manner
prescribed by the Attorney General.
``(C) Update of databases.--As soon as practicable
and not later than 5 days after receiving a notice
under subparagraph (A), the Attorney General shall
update the background check databases of the Attorney
General to reflect the prohibitions articulated in the
applicable Federal extreme risk protection order.
``(2) Annual report.--Not later than 1 year after the date
of enactment of the Federal Extreme Risk Protection Order Act
of 2023, and annually thereafter, the Director shall submit to
the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a report that
includes, with respect to the preceding year--
``(A) the number of petitions for ex parte Federal
orders filed, as well as the number of such orders
issued and the number denied, disaggregated by--
``(i) the jurisdiction;
``(ii) whether the individual authorized
under subsection (b) to petition for a Federal
extreme risk protection order is a law
enforcement officer, or a family or household
member, and in the case of a family or
household member, which of subparagraphs (A)
through (G) of subsection (a)(6) describes the
relationship; and
``(iii) the alleged danger posed by the
Federal order respondent, including whether the
danger involved a risk of suicide,
unintentional injury, domestic violence, or
other interpersonal violence;
``(B) the number of petitions for long-term Federal
orders filed, as well as the number of such orders
issued and the number denied, disaggregated by--
``(i) the jurisdiction;
``(ii) whether the individual authorized
under subsection (b) to petition for a Federal
extreme risk protection order is a law
enforcement officer, or a family or household
member, and in the case of a family or
household member, which of subparagraphs (A)
through (G) of subsection (a)(6) describes the
relationship; and
``(iii) the alleged danger posed by the
Federal order respondent, including whether the
danger involved a risk of suicide,
unintentional injury, domestic violence, or
other interpersonal violence;
``(C) the number of petitions for renewals of long-
term Federal orders filed, as well as the number of
such orders issued and the number denied;
``(D) the number of cases in which a court has
issued a penalty for false reporting or frivolous
petitions;
``(E) demographic data of Federal order
petitioners, including race, ethnicity, national
origin, sex, gender, age, disability, average annual
income, and English language proficiency, if available;
``(F) demographic data of Federal order
respondents, including race, ethnicity, national
origin, sex, gender, age, disability, average annual
income, and English language proficiency, if available;
and
``(G) the total number of firearms removed pursuant
to Federal extreme risk protection orders, and, if
available, the number of firearms removed pursuant to
each such order.
``(l) Training for Federal Law Enforcement Officers.--
``(1) Training requirements.--The head of each Federal law
enforcement agency shall require each Federal law enforcement
officer employed by the agency to complete training in the
safe, impartial, effective, and equitable use and
administration of Federal extreme risk protection orders,
including training to address--
``(A) bias based on race and racism, ethnicity,
gender, sexual orientation, gender identity, religion,
language proficiency, mental health condition,
disability, and classism in the use and administration
of Federal extreme risk protection orders;
``(B) the appropriate use of Federal extreme risk
protection orders in cases of domestic violence,
including the applicability of other policies and
protocols to address domestic violence in situations
that may also involve Federal extreme risk protection
orders and the necessity of safety planning with the
victim before law enforcement petitions for and
executes a Federal extreme risk protection order, if
applicable;
``(C) interacting with persons with mental,
behavioral, or physical disabilities, or emotional
distress, including de-escalation techniques and crisis
intervention;
``(D) techniques for outreach to historically
marginalized cultural communities and the development
of linguistic proficiencies for law enforcement;
``(E) community relations; and
``(F) best practices for referring persons subject
to Federal extreme risk protection orders and
associated victims of violence to social service
providers that may be available in the jurisdiction and
appropriate for those individuals, including health
care, mental health, substance abuse, and legal
services, employment and vocational services, housing
assistance, case management, and veterans and
disability benefits.
``(2) Training development.--Federal law enforcement
agencies developing law enforcement training required under
this section shall seek advice from domestic violence service
providers (including culturally specific (as defined in section
40002 of the Violence Against Women Act of 1994 (34 U.S.C.
12291)) providers), social service providers, suicide
prevention advocates, violence intervention specialists, law
enforcement agencies, mental health disability experts, and
other community groups working to reduce suicides and violence,
including domestic violence, within the State.
``(m) Rule of Construction.--Nothing in this section shall be
construed to alter the requirements of subsection (d)(8) or (g)(8) of
section 922, related to domestic violence protective orders.
``(n) Preemption.--Nothing in this section may be construed to
preempt any State law or policy.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
44 of title 18, United States Code, is amended by adding at the
end the following:
``935. Extreme risk protection orders.''.
(2) Forfeiture.--Section 924(d)(3) of title 18, United
States Code, is amended--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(H) any attempt to violate a Federal extreme risk
protection order issued under section 935.''.
SEC. 3. FEDERAL FIREARMS PROHIBITION.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (10), by striking ``or'' at the
end;
(B) in paragraph (11), by striking the period at
the end and inserting ``; or''; and
(C) by inserting after paragraph (11) the
following:
``(12) is subject to a court order--
``(A) issued under section 935; or
``(B) that is an extreme risk protection order (as
defined in section 4(a) of the Federal Extreme Risk
Protection Order Act of 2023).''; and
(2) in subsection (g)--
(A) in paragraph (8)(C)(ii), by striking ``or'' at
the end;
(B) in paragraph (9), by striking the comma at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) is subject to a court order--
``(A) issued under section 935; or
``(B) that is an extreme risk protection order (as
defined in section 4(a) of the Federal Extreme Risk
Protection Order Act of 2023),''.
SEC. 4. EXTREME RISK PROTECTION ORDER GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or Indian Tribe--
(i) that enacts legislation described in
subsection (c);
(ii) with respect to which the Attorney
General determines that the legislation
described in clause (i) complies with the
requirements under subsection (c)(1); and
(iii) that certifies to the Attorney
General that the State or Indian Tribe shall--
(I) use the grant for the purposes
described in subsection (b)(2); and
(II) allocate not less than 25
percent and not more than 70 percent of
the amount received under a grant under
subsection (b) for the development and
dissemination of training for law
enforcement officers in accordance with
subsection (b)(4); or
(B) a unit of local government or other public or
private entity that--
(i) is located in a State or in the
territory under the jurisdiction of an Indian
Tribe that meets the requirements described in
clauses (i) and (ii) of subparagraph (A); and
(ii) certifies to the Attorney General that
the unit of local government or entity shall--
(I) use the grant for the purposes
described in subsection (b)(2); and
(II) allocate not less than 25
percent and not more than 70 percent of
the amount received under a grant under
this section for the development and
dissemination of training for law
enforcement officers in accordance with
subsection (b)(4).
(2) Extreme risk protection order.--The term ``extreme risk
protection order'' means a written order or warrant, issued by
a State or Tribal court or signed by a magistrate (or other
comparable judicial officer), the primary purpose of which is
to reduce the risk of firearm-related death or injury by doing
1 or more of the following:
(A) Prohibiting a named individual from having
under the custody or control of the individual, owning,
purchasing, possessing, or receiving a firearm.
(B) Having a firearm removed or requiring the
surrender of firearms from a named individual.
(3) Firearm.--The term ``firearm'' has the meaning given
the term in section 921 of title 18, United States Code.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 1709 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10389).
(5) Law enforcement officer.--The term ``law enforcement
officer'' means a public servant authorized by Federal, State,
local, or Tribal law or by a Federal, State, local, or Tribal
government agency to--
(A) engage in or supervise the prevention,
detection, investigation, or prosecution of an offense;
or
(B) supervise sentenced criminal offenders.
(6) Petitioner.--The term ``petitioner'' means an
individual authorized under State or Tribal law to petition for
an extreme risk protection order.
(7) Respondent.--The term ``respondent'' means an
individual named in the petition for an extreme risk protection
order or subject to an extreme risk protection order.
(8) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(9) Unit of local government.--The term ``unit of local
government'' has the meaning given the term in section 901 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10251).
(b) Grant Program Established.--
(1) In general.--The Director of the Office of Community
Oriented Policing Services of the Department of Justice shall
establish a program under which, from amounts made available to
carry out this section, the Director may make grants to
eligible entities to assist in carrying out the provisions of
the legislation described in subsection (c).
(2) Use of funds.--Funds awarded under this subsection may
be used by an applicant to--
(A) enhance the capacity of law enforcement
agencies and the courts of a State, unit of local
government, or Indian Tribe by providing personnel,
training, technical assistance, data collection, and
other resources to carry out enacted legislation
described in subsection (c);
(B) train judges, court personnel, health care and
legal professionals, and law enforcement officers to
more accurately identify individuals whose access to
firearms poses a danger of causing harm to themselves
or others by increasing the risk of firearms suicide or
interpersonal violence;
(C) develop and implement law enforcement and court
protocols, forms, and orders so that law enforcement
agencies and the courts may carry out the provisions of
the enacted legislation described in subsection (c) in
a safe, equitable, and effective manner, including
through the removal and storage of firearms pursuant to
extreme risk protection orders under the enacted
legislation; and
(D) raise public awareness and understanding of the
enacted legislation described in subsection (c),
including through subgrants to community-based
organizations for the training of community members, so
that extreme risk protection orders may be issued in
appropriate situations to reduce the risk of firearms-
related death and injury.
(3) Application.--An eligible entity desiring a grant under
this subsection shall submit to the Attorney General an
application at such time, in such manner, and containing or
accompanied by such information as the Attorney General may
reasonably require.
(4) Training.--
(A) In general.--A recipient of a grant under this
subsection shall provide training to law enforcement
officers, including officers of relevant Federal,
State, local, and Tribal law enforcement agencies, in
the safe, impartial, effective, and equitable use and
administration of extreme risk protection orders,
including training to address--
(i) bias based on race and racism,
ethnicity, gender, sexual orientation, gender
identity, religion, language proficiency,
mental health condition, disability, and
classism in the use and administration of
extreme risk protection orders;
(ii) the appropriate use of extreme risk
protection orders in cases of domestic
violence, including the applicability of other
policies and protocols to address domestic
violence in situations that may also involve
extreme risk protection orders and the
necessity of safety planning with the victim
before a law enforcement officer petitions for
and executes an extreme risk protection order,
if applicable;
(iii) interacting with persons with mental,
behavioral, or physical disabilities, or
emotional distress, including de-escalation
techniques and crisis intervention;
(iv) techniques for outreach to
historically marginalized cultural communities
and the development of linguistic proficiencies
for law enforcement;
(v) community relations; and
(vi) best practices for referring persons
subject to extreme risk protection orders and
associated victims of violence to social
service providers that may be available in the
jurisdiction and appropriate for those
individuals, including health care, mental
health, substance abuse, and legal services,
employment and vocational services, housing
assistance, case management, and veterans and
disability benefits.
(B) Consultation with experts.--A recipient of a
grant under this subsection, in developing law
enforcement training required under subparagraph (A),
shall seek advice from domestic violence service
providers (including culturally specific (as defined in
section 40002 of the Violence Against Women Act of 1994
(34 U.S.C. 12291)) providers), social service
providers, suicide prevention advocates, violence
intervention specialists, law enforcement agencies,
mental health disability experts, and other community
groups working to reduce suicides and violence,
including domestic violence, within the State or the
territory under the jurisdiction of the Indian Tribe,
as applicable, that enacted the legislation described
in subsection (c) that enabled the grant recipient to
be an eligible entity.
(5) Incentives.--For each of fiscal years 2024 through
2028, the Attorney General shall give affirmative preference in
awarding any discretionary grant awarded by the Office of
Community Oriented Policing Services to a State or Indian Tribe
that has enacted legislation described in subsection (c) or to
a unit of local government or other public or private entity
located in such a State or in the territory under the
jurisdiction of such an Indian Tribe.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
(c) Eligibility for Extreme Risk Protection Order Grant Program.--
(1) Requirements.--Legislation described in this subsection
is legislation that establishes requirements that are
substantially similar to the following:
(A) Application for extreme risk protection
order.--A petitioner, including a law enforcement
officer, may submit an application to a State or Tribal
court, on a form designed by the court or a State or
Tribal agency, that--
(i) describes the facts and circumstances
justifying that an extreme risk protection
order be issued against the named individual;
and
(ii) is signed by the applicant, under
oath.
(B) Notice and due process.--The individual named
in an application for an extreme risk protection order
as described in subparagraph (A) shall be given written
notice of the application and an opportunity to be
heard on the matter in accordance with this paragraph.
(C) Issuance of extreme risk protection orders.--
(i) Hearing.--
(I) In general.--Upon receipt of an
application described in subparagraph
(A) or request of an individual named
in such an application, the court shall
order a hearing to be held within a
reasonable time, and not later than 30
days after the date of the application
or request.
(II) Determination.--If the court
finds at the hearing ordered under
subclause (I), by a preponderance of
the evidence or according to a higher
evidentiary standard established by the
State or Indian Tribe, that the
respondent poses a danger of causing
harm to self or others by having access
to a firearm, the court may issue an
extreme risk protection order.
(ii) Duration of extreme risk protection
order.--An extreme risk protection order shall
be in effect--
(I) until an order terminating or
superseding the extreme risk protection
order is issued; or
(II) for a set period of time.
(D) Ex parte extreme risk protection orders.--
(i) In general.--Upon receipt of an
application described in subparagraph (A), the
court may issue an ex parte extreme risk
protection order, if--
(I) the application for an extreme
risk protection order alleges that the
respondent poses a danger of causing
harm to self or others by having access
to a firearm; and
(II) the court finds there is
reasonable cause to believe, or makes a
finding according to a higher
evidentiary standard established by the
State or Indian Tribe, that the
respondent poses a danger of causing
harm to self or others by having access
to a firearm.
(ii) Duration of ex parte extreme risk
protection order.--An ex parte extreme risk
protection order shall remain in effect only
until the hearing required under subparagraph
(C)(i).
(E) Storage of removed firearms.--
(i) Availability for return.--All firearms
removed or surrendered pursuant to an extreme
risk protection order shall only be available
for return to the named individual when the
individual has regained eligibility under
Federal and State law, and, where applicable,
Tribal law to possess firearms.
(ii) Consent required for disposal or
destruction.--Firearms owned by a named
individual may not be disposed of or destroyed
during the period of the extreme risk
protection order without the consent of the
named individual.
(F) Notification.--
(i) In general.--
(I) Requirement.--A State or Tribal
court that issues an extreme risk
protection order shall notify the
Attorney General or the comparable
State or Tribal agency, as applicable,
of the order as soon as practicable or
within a designated period of time.
(II) Form and manner.--A State or
Tribal court shall submit a
notification under subclause (I) in an
electronic format, in a manner
prescribed by the Attorney General or
the comparable State or Tribal agency.
(ii) Update of databases.--As soon as
practicable or within the time period
designated by State or Tribal law after
receiving a notification under clause (i), the
Attorney General or the comparable State or
Tribal agency shall ensure that the extreme
risk protection order is reflected in the
National Instant Criminal Background Check
System.
(2) Additional provisions.--Legislation described in this
subsection may--
(A) provide procedures for the termination of an
extreme risk protection order;
(B) provide procedures for the renewal of an
extreme risk protection order;
(C) establish burdens and standards of proof for
issuance of orders described in paragraph (1) that are
substantially similar to or higher than the burdens and
standards of proof set forth in that paragraph;
(D) limit the individuals who may submit an
application described in paragraph (1), provided that,
at a minimum, law enforcement officers are authorized
to do so; and
(E) include any other authorizations or
requirements that the State or Tribal authorities
determine appropriate.
(3) Annual report.--Not later than 1 year after the date on
which an eligible entity receives a grant under subsection (b),
and annually thereafter for the duration of the grant period,
the entity shall submit to the Attorney General a report that
includes, with respect to the preceding year--
(A) the number of petitions for ex parte extreme
risk protection orders filed, as well as the number of
such orders issued and the number denied, disaggregated
by--
(i) the jurisdiction;
(ii) the individual authorized under State
or Tribal law to petition for an extreme risk
protection order, including the relationship of
the individual to the respondent; and
(iii) the alleged danger posed by the
respondent, including whether the danger
involved a risk of suicide, unintentional
injury, domestic violence, or other
interpersonal violence;
(B) the number of petitions for extreme risk
protection orders filed, as well as the number of such
orders issued and the number denied, disaggregated by--
(i) the jurisdiction;
(ii) the individual authorized under State
or Tribal law to petition for an extreme risk
protection order, including the relationship of
the individual to the respondent; and
(iii) the alleged danger posed by the
respondent, including whether the danger
involved a risk of suicide, unintentional
injury, domestic violence, or other
interpersonal violence;
(C) the number of petitions for renewals of extreme
risk protection orders filed, as well as the number of
such orders issued and the number denied;
(D) the number of cases in which a court imposed a
penalty for false reporting or frivolous petitions;
(E) demographic data of petitioners, including
race, ethnicity, national origin, sex, gender, age,
disability, average annual income, and English language
proficiency, if available;
(F) demographic data of respondents, including
race, ethnicity, national origin, sex, gender, age,
disability, average annual income, and English language
proficiency, if available; and
(G) the total number of firearms removed pursuant
to extreme risk protection orders, and, if available,
the number of firearms removed pursuant to each such
order.
SEC. 5. IDENTIFICATION RECORDS.
Section 534 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following:
``(5)(A) subject to subparagraph (B), acquire, collect,
classify, and preserve records from Federal, Tribal, and State
courts and other agencies identifying individuals subject to
extreme risk protection orders, as defined in section 4(a) of
the Federal Extreme Risk Protection Order Act of 2023; and
``(B) destroy each record acquired or collected under
subparagraph (A) when the applicable extreme risk protection
order expires or is terminated or dissolved; and'';
(2) in subsection (b), by striking ``(a)(5)'' and inserting
``(a)(6)''; and
(3) by adding at the end the following:
``(g) Extreme Risk Protection Orders in National Crime Information
Databases.--A Federal, Tribal, or State criminal justice agency or
criminal or civil court may--
``(1) include extreme risk protection orders, as defined in
section 4 of the Federal Extreme Risk Protection Order Act of
2023, and Federal extreme risk protection orders, as defined in
section 935 of title 18, in national crime information
databases, as that term is defined in subsection (f)(3) of this
section; and
``(2) have access to information regarding extreme risk
protection orders and Federal extreme risk protection orders
through the national crime information databases.''.
SEC. 6. FULL FAITH AND CREDIT.
(a) Definitions.--In this section, the terms ``extreme risk
protection order'', ``Indian Tribe'', and ``State'' have the meanings
given those terms in section 4(a).
(b) Full Faith and Credit Required.--Any extreme risk protection
order issued under a State or Tribal law enacted in accordance with
this Act shall be accorded the same full faith and credit by the court
of another State or Indian Tribe (referred to in this subsection as the
``enforcing State or Indian Tribe'') and enforced by the court and law
enforcement personnel of the other State or Tribal government as if it
were the order of the enforcing State or Indian Tribe.
(c) Applicability to Protection Orders.--
(1) In general.--Subsection (b) shall apply to a protection
order issued by a State or Tribal court if--
(A) the court has jurisdiction over the parties and
matter under the law of the State or Indian Tribe; and
(B) reasonable notice and opportunity to be heard
is given to the person against whom the order is sought
sufficient to protect that person's right to due
process.
(2) Ex parte protection orders.--For purposes of paragraph
(1)(B), in the case of an ex parte protection order, notice and
opportunity to be heard shall be provided within the time
required by State or Tribal law, and in any event within a
reasonable time after the order is issued, sufficient to
protect the due process rights of the respondent.
(d) Tribal Court Jurisdiction.--For purposes of this section, a
court of an Indian Tribe shall have full civil jurisdiction to issue
and enforce a protection order involving any person, including the
authority to enforce any order through civil contempt proceedings, to
exclude violators from Indian land, and to use other appropriate
mechanisms, in matters arising anywhere in the Indian country (as
defined in section 1151 of title 18, United States Code) of the Indian
Tribe or otherwise within the authority of the Indian Tribe.
SEC. 7. CONFORMING AMENDMENT.
Section 3(1) of the NICS Improvement Amendments Act of 2007 (34
U.S.C. 40903(1)) is amended by striking ``section 922(g)(8)'' and
inserting ``paragraph (8) or (10) of section 922(g)''.
SEC. 8. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be invalid, the remainder of this Act, or an amendment made by
this Act, or the application of such provision to other persons or
circumstances, shall not be affected.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 180 days after the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Motion to Discharge Committee filed by Mrs. McBath. Petition No: 118-13. (<a href="https://clerk.house.gov/DischargePetition/2024062613?Page=2">Discharge petition</a> text with signatures.)
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