Federal Extreme Risk Protection Order Act of 2023
If enacted, HB3018 would amend federal laws to add a section specific to ERPOs under Chapter 44 of Title 18 of the U.S. Code. This addition would enable federal courts to issue orders that temporarily prohibit named individuals from purchasing, possessing, or receiving firearms and ammunition. The act would also necessitate the involvement of law enforcement to ensure the enforcement of these orders, requiring them to take active steps in confiscating firearms where appropriate. Additionally, the bill aims to align state laws with federal requirements, promoting consistency and improving legal clarity in cases where individuals are deemed a risk.
HB3018, known as the Federal Extreme Risk Protection Order Act of 2023, aims to establish a federal framework for issuing extreme risk protection orders (ERPOs) designed to prevent individuals who pose a threat to themselves or others from accessing firearms. The bill includes provisions for both ex parte and long-term ERPOs, which can be requested by law enforcement, family members, or others deemed appropriate by state law. By devising a standardized process, the legislation seeks to enhance coordination among states and improve public safety measures regarding gun violence and associated risks, including suicide and domestic violence.
The bill has sparked debate among legislators and stakeholders. While supporters argue that it addresses critical aspects of gun violence prevention and public health, critics fear it may infringe on Second Amendment rights and lead to potential misuse of ERPOs. Concerns have also been raised about how well the training for law enforcement will incorporate considerations of diversity, equity, and the appropriate handling of sensitive situations involving individuals with mental health issues. The notion of preventing firearm access looks appealing to many, yet the challenge remains in balancing public safety with individual rights.