I
118THCONGRESS
1
STSESSION H. R. 3018
To authorize the issuance of extreme risk protection orders.
IN THE HOUSE OF REPRESENTATIVES
APRIL28, 2023
Mrs. M
CBATH(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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Federal Extreme Risk 4
Protection Order Act of 2023’’. 5
SEC. 2. FEDERAL EXTREME RISK PROTECTION ORDERS. 6
(a) I
NGENERAL.—Chapter 44 of title 18, United 7
States Code, is amended by adding at the end the fol-8
lowing: 9
‘‘§ 935. Extreme risk protection orders 10
‘‘(a) D
EFINITIONS.—In this section— 11
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‘‘(1) the term ‘court’ means a district court of 1
the United States; 2
‘‘(2) the term ‘designated law enforcement offi-3
cer’ means a law enforcement officer, designated by 4
a United States marshal, who agrees to receive fire-5
arms, ammunition, and permits, as applicable, sur-6
rendered under subsection (f); 7
‘‘(3) the term ‘Director’ means the Director of 8
the Administrative Office of the United States 9
Courts; 10
‘‘(4) the term ‘ex parte Federal extreme risk 11
protection order’ or ‘ex parte Federal order’ means 12
a Federal extreme risk protection order issued under 13
subsection (c); 14
‘‘(5) the term ‘Federal extreme risk protection 15
order’ means an order issued by a Federal court 16
that enjoins an individual from purchasing, pos-17
sessing, or receiving, in or affecting interstate and 18
foreign commerce, a firearm or ammunition; 19
‘‘(6) the term ‘family or household member’, 20
with respect to a Federal order respondent, means 21
any— 22
‘‘(A) parent, spouse, sibling, or child re-23
lated by blood, marriage, or adoption to the re-24
spondent; 25
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‘‘(B) dating partner of the respondent; 1
‘‘(C) individual who has a child in common 2
with the respondent, regardless of whether the 3
individual has— 4
‘‘(i) been married to the respondent; 5
or 6
‘‘(ii) lived together with the respond-7
ent at any time; 8
‘‘(D) individual who resides or has resided 9
with the respondent during the past year; 10
‘‘(E) domestic partner of the respondent; 11
‘‘(F) individual who has a legal parent- 12
child relationship with the respondent, including 13
a stepparent-stepchild and grandparent-grand-14
child relationship; and 15
‘‘(G) individual who is acting or has acted 16
as the legal guardian of the respondent; 17
‘‘(7) the term ‘Federal order petitioner’ means 18
an individual authorized to petition for an ex parte 19
or long-term Federal extreme risk protection order 20
under subsection (b)(1); 21
‘‘(8) the term ‘Federal order respondent’ means 22
an individual named in the petition for an ex parte 23
or long-term Federal extreme risk protection order 24
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or subject to an ex parte or long-term Federal ex-1
treme risk protection order; 2
‘‘(9) the term ‘long-term Federal extreme risk 3
protection order’ or ‘long-term Federal order’ means 4
a Federal extreme risk protection order issued under 5
subsection (d); 6
‘‘(10) the term ‘mental health agency’ means 7
an agency of a State, Tribal, or local government or 8
its contracted agency that is responsible for mental 9
health services or co-occurring mental health and 10
substance abuse services; and 11
‘‘(11) the term ‘national instant criminal back-12
ground check system’ means the national instant 13
criminal background check system established under 14
section 103 of the Brady Handgun Violence Preven-15
tion Act (34 U.S.C. 40901). 16
‘‘(b) P
ETITION.— 17
‘‘(1) I
N GENERAL.—A family or household 18
member of the applicable individual, or a law en-19
forcement officer, may submit to an appropriate dis-20
trict court of the United States a petition requesting 21
that the court issue an ex parte Federal extreme 22
risk protection order or long-term Federal extreme 23
risk protection order with respect to an individual. 24
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‘‘(2) NO FEES.—A court or law enforcement 1
agency may not charge a petitioner or respondent 2
any fee for— 3
‘‘(A) filing, issuing, serving, or reporting 4
an extreme risk protection order; 5
‘‘(B) a petition for an extreme risk protec-6
tion order or any pleading, subpoena, warrant, 7
or motion in connection with an extreme risk 8
protection order; or 9
‘‘(C) any order or order to show cause nec-10
essary to obtain or give effect to this section. 11
‘‘(3) C
ONFIDENTIALITY.—A Federal order peti-12
tioner who is a law enforcement officer may provide 13
the identity of the petitioner’s sources, and any iden-14
tifying information, to the court under seal. 15
‘‘(c) E
XPARTEORDERS.— 16
‘‘(1) T
IMING.— 17
‘‘(A) I
N GENERAL.—Except as provided in 18
subparagraph (B), a court that receives a peti-19
tion for an ex parte Federal order under sub-20
section (b) shall grant or deny the petition on 21
the date on which the petition is submitted. 22
‘‘(B) L
ATE PETITIONS.—If a court receives 23
a petition for an ex parte Federal order sub-24
mitted under subsection (b) too late in the day 25
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to permit effective review, the court shall grant 1
or deny the petition on the next day of judicial 2
business at a time early enough to permit the 3
court to file an order with the clerk of the court 4
during that day. 5
‘‘(2) E
VIDENCE REQUIRED.—Before issuing an 6
ex parte Federal order, a court shall require that the 7
petitioner for such order submit a signed affidavit, 8
sworn to before the court, that— 9
‘‘(A) explains why such petitioner believes 10
that the Federal order respondent poses a risk 11
of imminent personal injury to self or another 12
individual, by purchasing, possessing, or receiv-13
ing a firearm or ammunition; and 14
‘‘(B) describes the interactions and con-15
versations of the petitioner with— 16
‘‘(i) the respondent; or 17
‘‘(ii) another individual, if such peti-18
tioner believes that information obtained 19
from that individual is credible and reli-20
able. 21
‘‘(3) S
TANDARD FOR ISSUANCE OF ORDER .—A 22
court may issue an ex parte Federal order only upon 23
a finding of probable cause to believe that— 24
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‘‘(A) the Federal order respondent poses a 1
risk of imminent personal injury to self or an-2
other individual, by purchasing, possessing, or 3
receiving a firearm or ammunition; and 4
‘‘(B) the order is necessary to prevent the 5
injury described in subparagraph (A). 6
‘‘(4) D
URATION.—An ex parte Federal order 7
shall expire on the earlier of— 8
‘‘(A) the date that is 14 days after the 9
date of issuance; or 10
‘‘(B) the date on which the court deter-11
mines whether to issue a long-term Federal 12
order with respect to the respondent. 13
‘‘(d) L
ONG-TERMFEDERALORDERS.— 14
‘‘(1) H
EARING REQUIRED.—If a court receives 15
a petition for a long-term Federal extreme risk pro-16
tection order for a respondent under subsection (b), 17
the court shall hold a hearing to determine whether 18
to issue a long-term Federal order with respect to 19
the respondent either— 20
‘‘(A)(i) if the court issues an ex parte 21
order with respect to the respondent, not later 22
than 72 hours after the ex parte order is served 23
on the respondent; or 24
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‘‘(ii) if the respondent waives the right to 1
a hearing within the 72-hour period under 2
clause (i), or the court does not issue an ex 3
parte order, within 14 days after the date on 4
which the court receives the petition; or 5
‘‘(B) in no event later than 14 days after 6
the date on which the court receives the peti-7
tion. 8
‘‘(2) N
OTICE AND OPPORTUNITY TO BE 9
HEARD.— 10
‘‘(A) I
N GENERAL.—The court shall pro-11
vide the Federal order respondent with notice 12
and the opportunity to be heard at a hearing 13
under this subsection, sufficient to protect the 14
due process rights of the respondent. 15
‘‘(B) R
IGHT TO COUNSEL.— 16
‘‘(i) I
N GENERAL.—At a hearing 17
under this subsection, the Federal order 18
respondent may be represented by counsel 19
who is— 20
‘‘(I) chosen by the respondent; 21
and 22
‘‘(II) authorized to practice at 23
such a hearing. 24
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‘‘(ii) COURT-PROVIDED COUNSEL .—If 1
the Federal order respondent is financially 2
unable to obtain representation by counsel, 3
the court, at the request of the respondent, 4
shall ensure, to the extent practicable, that 5
the respondent is represented by an attor-6
ney with respect to the petition. 7
‘‘(3) B
URDEN OF PROOF ; STANDARD.—At a 8
hearing under this subsection, the Federal order pe-9
titioner— 10
‘‘(A) shall have the burden of proving all 11
material facts; and 12
‘‘(B) shall be required to demonstrate, by 13
clear and convincing evidence, that— 14
‘‘(i) the respondent to such order 15
poses a risk of personal injury to self or 16
another individual, during the period to be 17
covered by the proposed Federal extreme 18
risk protection order, by purchasing, pos-19
sessing, or receiving a firearm or ammuni-20
tion; and 21
‘‘(ii) the order is necessary to prevent 22
the injury described in clause (i). 23
‘‘(4) I
SSUANCE.—Upon a showing of clear and 24
convincing evidence under paragraph (3), the court 25
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shall issue a long-term Federal order with respect to 1
the respondent that shall be in effect for a period of 2
not more than 180 days. 3
‘‘(5) D
ENIAL.—If the court finds that there is 4
not clear and convincing evidence to support the 5
issuance of a long-term Federal order, the court 6
shall dissolve any ex parte Federal order then in ef-7
fect with respect to the respondent. 8
‘‘(6) R
ENEWAL.— 9
‘‘(A) N
OTICE OF SCHEDULED EXPIRA -10
TION.—Thirty days before the date on which a 11
long-term Federal order is scheduled to expire, 12
the court that issued the order shall— 13
‘‘(i) notify the petitioner and the re-14
spondent to such order that the order is 15
scheduled to expire; and 16
‘‘(ii) advise the petitioner and the re-17
spondent of the procedures for seeking a 18
renewal of the order under this paragraph. 19
‘‘(B) P
ETITION.—If a family or household 20
member of the Federal order respondent, or a 21
law enforcement officer, believes that the condi-22
tions under paragraph (3)(B) continue to apply 23
with respect to a respondent who is subject to 24
a long-term Federal order, the family or house-25
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hold member or law enforcement officer may 1
submit to the court that issued the order a peti-2
tion for a renewal of the order. 3
‘‘(C) H
EARING.—A court that receives a 4
petition submitted under subparagraph (B) 5
shall hold a hearing to determine whether to 6
issue a renewed long-term Federal order with 7
respect to the respondent. 8
‘‘(D) A
PPLICABLE PROCEDURES .—The re-9
quirements under paragraphs (2) through (5) 10
shall apply to the consideration of a petition for 11
a renewed long-term Federal order submitted 12
under subparagraph (B) of this paragraph. 13
‘‘(E) I
SSUANCE.—Upon a showing by clear 14
and convincing evidence that the conditions 15
under paragraph (3)(B) continue to apply with 16
respect to the respondent, the court shall issue 17
a renewed long-term Federal order with respect 18
to the respondent. 19
‘‘(e) F
ACTORSTOCONSIDER.—In determining 20
whether to issue a Federal extreme risk protection order, 21
a court— 22
‘‘(1) shall consider factors including— 23
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‘‘(A) a recent threat or act of violence by 1
the respondent directed toward another indi-2
vidual; 3
‘‘(B) a recent threat or act of violence by 4
the respondent directed toward self; 5
‘‘(C) a recent act of cruelty to an animal 6
by the respondent; and 7
‘‘(D) evidence of ongoing abuse of a con-8
trolled substance or alcohol by the respondent 9
that has led to a threat or act of violence di-10
rected to self or another individual; and 11
‘‘(2) may consider other factors, including— 12
‘‘(A) the reckless use, display, or bran-13
dishing of a firearm by the respondent; 14
‘‘(B) a history of violence or attempted vio-15
lence by the respondent against another indi-16
vidual; and 17
‘‘(C) evidence of an explicit or implicit 18
threat made by the person through any medium 19
that demonstrate that the person poses a risk 20
of personal injury to self or another individual. 21
‘‘(f) R
ELINQUISHMENT OF FIREARMS ANDAMMUNI-22
TION.— 23
‘‘(1) O
RDER OF SURRENDER .—Upon issuance 24
of an ex parte Federal order or long-term Federal 25
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order, the court shall order the respondent to such 1
order to surrender all firearms and ammunition that 2
the respondent possesses or owns, in or affecting 3
interstate commerce, as well as any permit author-4
izing the respondent to purchase or possess firearms 5
(including a concealed carry permit), to— 6
‘‘(A) the United States Marshals Service; 7
or 8
‘‘(B) a designated law enforcement officer. 9
‘‘(2) S
URRENDER AND REMOVAL .— 10
‘‘(A) M
ANNER OF SERVICE.— 11
‘‘(i) P
ERSONAL SERVICE.—Except as 12
provided in clause (ii), a United States 13
marshal or designated law enforcement of-14
ficer shall serve a Federal extreme risk 15
protection order on a respondent by hand-16
ing the order to the respondent to such 17
order. 18
‘‘(ii) A
LTERNATIVE SERVICE .—If the 19
respondent cannot reasonably be located 20
for service as described in clause (i), a 21
Federal extreme risk protection order may 22
be served on the respondent in any manner 23
authorized under the Federal Rules of 24
Civil Procedure. 25
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‘‘(B) REMOVAL.—Except as provided in 1
subparagraph (C), a United States marshal or 2
designated law enforcement officer serving a 3
Federal extreme risk protection order personally 4
on the respondent shall— 5
‘‘(i) request that all firearms and am-6
munition, in or affecting interstate com-7
merce, as well as any permit authorizing 8
the respondent to purchase or possess fire-9
arms (including a concealed carry permit), 10
that the respondent possesses or owns— 11
‘‘(I) be immediately surrendered 12
to the United States marshal or des-13
ignated law enforcement officer; or 14
‘‘(II) at the option of the re-15
spondent, be immediately surrendered 16
and sold to a federally licensed fire-17
arms dealer; and 18
‘‘(ii) take possession of all firearms 19
and ammunition described in clause (i) 20
that are not sold under subclause (II) of 21
that clause, as well as any permit de-22
scribed in that clause, that are— 23
‘‘(I) surrendered; 24
‘‘(II) in plain sight; or 25
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‘‘(III) discovered pursuant to a 1
lawful search. 2
‘‘(C) A
LTERNATIVE SURRENDER .—If a 3
United States marshal or designated law en-4
forcement officer is not able to personally serve 5
a Federal extreme risk protection order under 6
subparagraph (A)(i), or is not reasonably able 7
to take custody of the firearms, ammunition, 8
and permits under subparagraph (B), the re-9
spondent shall surrender the firearms, ammuni-10
tion, and permits in a safe manner to the con-11
trol of a United States marshal or designated 12
law enforcement officer not later than 48 hours 13
after being served with the order. 14
‘‘(3) R
ECEIPT.— 15
‘‘(A) I
SSUANCE.—At the time of surrender 16
or removal under paragraph (2), a United 17
States marshal or designated law enforcement 18
officer taking possession of a firearm, ammuni-19
tion, or a permit pursuant to a Federal extreme 20
risk protection order shall— 21
‘‘(i) issue a receipt identifying all fire-22
arms, ammunition, and permits that have 23
been surrendered or removed; and 24
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‘‘(ii) provide a copy of the receipt 1
issued under clause (i) to the respondent 2
to such order. 3
‘‘(B) F
ILING.—Not later than 72 hours 4
after issuance of a receipt under subparagraph 5
(A), the United States marshal who issued the 6
receipt or designated another law enforcement 7
officer to do so shall— 8
‘‘(i) file the original receipt issued 9
under subparagraph (A) of this paragraph 10
with the court that issued the Federal ex-11
treme risk protection order; and 12
‘‘(ii) ensure that the United States 13
Marshals Service retains a copy of the re-14
ceipt. 15
‘‘(C) D
ESIGNATED LAW ENFORCEMENT 16
OFFICER.—If a designated law enforcement of-17
ficer issues a receipt under subparagraph (A), 18
the officer shall submit the original receipt and 19
a copy of the receipt to the appropriate United 20
States marshal to enable the United States 21
marshal to comply with subparagraph (B). 22
‘‘(4) F
ORFEITURE.—If a respondent knowingly 23
attempts, in violation of a Federal extreme risk pro-24
tection order, to access a firearm, ammunition, or a 25
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permit that was surrendered or removed under this 1
subsection, the firearm, ammunition, or permit shall 2
be subject to seizure and forfeiture under section 3
924(d). 4
‘‘(g) R
ETURN OFFIREARMS ANDAMMUNITION.— 5
‘‘(1) N
OTICE.—If a Federal extreme risk pro-6
tection order is dissolved, or expires and is not re-7
newed, the court that issued the order shall order 8
the United States Marshals Service to— 9
‘‘(A) confirm, through the national instant 10
criminal background check system and any 11
other relevant law enforcement databases, that 12
the respondent to such order may lawfully own 13
and possess firearms and ammunition; and 14
‘‘(B)(i) if the respondent may lawfully own 15
and possess firearms and ammunition, notify 16
the respondent that the respondent may re-17
trieve each firearm, ammunition, or permit sur-18
rendered by or removed from the respondent 19
under subsection (f); or 20
‘‘(ii) if the respondent may not lawfully 21
own or possess firearms and ammunition, notify 22
the respondent that each firearm, ammunition, 23
or permit surrendered by or removed from the 24
respondent under subsection (f) will be returned 25
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only when the respondent demonstrates to the 1
United States Marshals Service that the re-2
spondent may lawfully own and possess fire-3
arms and ammunition. 4
‘‘(2) R
ETURN.—If a Federal extreme risk pro-5
tection order is dissolved, or expires and is not re-6
newed, and the United States Marshals Service con-7
firms under paragraph (1)(A) that the respondent 8
may lawfully own and possess firearms and ammuni-9
tion, the court that issued the order shall order the 10
entity that possesses each firearm, ammunition, or 11
permit surrendered by or removed from the respond-12
ent under subsection (f) to return those items to the 13
respondent. 14
‘‘(h) R
ETURN OFFIREARMS ANDAMMUNITIONIM-15
PROPERLYRECEIVED.—If a court, in a hearing under 16
subsection (d), determines that a firearm or ammunition 17
surrendered by or removed from a respondent under sub-18
section (f) is owned by an individual other than the re-19
spondent, the court may order the United States marshal 20
or designated law enforcement officer in possession of the 21
firearm or ammunition to transfer the firearm or ammuni-22
tion to that individual if— 23
‘‘(1) the individual may lawfully own and pos-24
sess firearms and ammunition; and 25
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‘‘(2) the individual will not provide the respond-1
ent with access to the firearm or ammunition. 2
‘‘(i) P
ENALTY FOR FALSEREPORTING ORFRIVO-3
LOUSPETITIONS.—An individual who knowingly submits 4
materially false information to the court in a petition for 5
a Federal extreme risk protection order under this section, 6
or who knowingly files such a petition that is frivolous, 7
unreasonable, or without foundation, shall be fined not 8
more than $5,000, or imprisoned not more than 5 years, 9
or both, except to the extent that a greater sentence is 10
otherwise provided by any other provision of law, as the 11
court deems necessary to deter such abuse of process. 12
‘‘(j) M
ODELPOLICY.— 13
‘‘(1) I
N GENERAL.—The Director shall draft a 14
model policy to maximize the accessibility of Federal 15
extreme risk protection orders. 16
‘‘(2) C
ONTENTS.—In drafting the model policy 17
under paragraph (1), the Director shall— 18
‘‘(A) ensure that State, Tribal, and local 19
law enforcement officers and members of the 20
public without legal training are able to easily 21
file petitions for Federal extreme risk protection 22
orders; 23
‘‘(B) prescribe outreach efforts by employ-24
ees of the district courts of the United States 25
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to familiarize relevant law enforcement officers 1
and the public with the procedures for filing pe-2
titions, either— 3
‘‘(i) through direct outreach; or 4
‘‘(ii) in coordination with— 5
‘‘(I) relevant officials in the exec-6
utive or legislative branch of the Fed-7
eral Government; or 8
‘‘(II) with relevant State, Tribal, 9
and local officials; 10
‘‘(C) prescribe policies for allowing the fil-11
ing of petitions and prompt adjudication of pe-12
titions on weekends and outside of normal court 13
hours; 14
‘‘(D) prescribe policies for coordinating 15
with law enforcement agencies to ensure the 16
safe, timely, and effective service of Federal ex-17
treme risk protection orders and relinquishment 18
of firearms, ammunition, and permits, as appli-19
cable; and 20
‘‘(E) identify governmental and non-gov-21
ernmental resources and partners to help offi-22
cials of the district courts of the United States 23
coordinate with civil society organizations to en-24
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sure the safe and effective implementation of 1
this section. 2
‘‘(k) R
EPORTING.— 3
‘‘(1) I
NDIVIDUAL REPORTS.— 4
‘‘(A) I
N GENERAL.—Not later than 2 court 5
days after the date on which a court issues or 6
dissolves a Federal extreme risk protection 7
order under this section or a Federal extreme 8
risk protection order expires without being re-9
newed, the court shall notify— 10
‘‘(i) the Attorney General; 11
‘‘(ii) each relevant mental health 12
agency in the State in which the order is 13
issued; and 14
‘‘(iii) State and local law enforcement 15
officials in the jurisdiction in which the 16
order is issued, including the national in-17
stant criminal background check system 18
single point of contact for the State of res-19
idence of the respondent, where applicable. 20
‘‘(B) F
ORMAT.—A court shall submit a no-21
tice under subparagraph (A) in an electronic 22
format, in a manner prescribed by the Attorney 23
General. 24
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‘‘(C) UPDATE OF DATABASES .—As soon as 1
practicable and not later than 5 days after re-2
ceiving a notice under subparagraph (A), the 3
Attorney General shall update the background 4
check databases of the Attorney General to re-5
flect the prohibitions articulated in the applica-6
ble Federal extreme risk protection order. 7
‘‘(2) A
NNUAL REPORT.—Not later than 1 year 8
after the date of enactment of the Federal Extreme 9
Risk Protection Order Act of 2023, and annually 10
thereafter, the Director shall submit to the Com-11
mittee on the Judiciary of the Senate and the Com-12
mittee on the Judiciary of the House of Representa-13
tives a report that includes, with respect to the pre-14
ceding year— 15
‘‘(A) the number of petitions for ex parte 16
Federal orders filed, as well as the number of 17
such orders issued and the number denied, 18
disaggregated by— 19
‘‘(i) the jurisdiction; 20
‘‘(ii) whether the individual authorized 21
under subsection (b) to petition for a Fed-22
eral extreme risk protection order is a law 23
enforcement officer, or a family or house-24
hold member, and in the case of a family 25
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or household member, which of subpara-1
graphs (A) through (G) of subsection 2
(a)(6) describes the relationship; and 3
‘‘(iii) the alleged danger posed by the 4
Federal order respondent, including wheth-5
er the danger involved a risk of suicide, 6
unintentional injury, domestic violence, or 7
other interpersonal violence; 8
‘‘(B) the number of petitions for long-term 9
Federal orders filed, as well as the number of 10
such orders issued and the number denied, 11
disaggregated by— 12
‘‘(i) the jurisdiction; 13
‘‘(ii) whether the individual authorized 14
under subsection (b) to petition for a Fed-15
eral extreme risk protection order is a law 16
enforcement officer, or a family or house-17
hold member, and in the case of a family 18
or household member, which of subpara-19
graphs (A) through (G) of subsection 20
(a)(6) describes the relationship; and 21
‘‘(iii) the alleged danger posed by the 22
Federal order respondent, including wheth-23
er the danger involved a risk of suicide, 24
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unintentional injury, domestic violence, or 1
other interpersonal violence; 2
‘‘(C) the number of petitions for renewals 3
of long-term Federal orders filed, as well as the 4
number of such orders issued and the number 5
denied; 6
‘‘(D) the number of cases in which a court 7
has issued a penalty for false reporting or frivo-8
lous petitions; 9
‘‘(E) demographic data of Federal order 10
petitioners, including race, ethnicity, national 11
origin, sex, gender, age, disability, average an-12
nual income, and English language proficiency, 13
if available; 14
‘‘(F) demographic data of Federal order 15
respondents, including race, ethnicity, national 16
origin, sex, gender, age, disability, average an-17
nual income, and English language proficiency, 18
if available; and 19
‘‘(G) the total number of firearms removed 20
pursuant to Federal extreme risk protection or-21
ders, and, if available, the number of firearms 22
removed pursuant to each such order. 23
‘‘(l) T
RAINING FORFEDERALLAWENFORCEMENT 24
O
FFICERS.— 25
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‘‘(1) TRAINING REQUIREMENTS .—The head of 1
each Federal law enforcement agency shall require 2
each Federal law enforcement officer employed by 3
the agency to complete training in the safe, impar-4
tial, effective, and equitable use and administration 5
of Federal extreme risk protection orders, including 6
training to address— 7
‘‘(A) bias based on race and racism, eth-8
nicity, gender, sexual orientation, gender iden-9
tity, religion, language proficiency, mental 10
health condition, disability, and classism in the 11
use and administration of Federal extreme risk 12
protection orders; 13
‘‘(B) the appropriate use of Federal ex-14
treme risk protection orders in cases of domes-15
tic violence, including the applicability of other 16
policies and protocols to address domestic vio-17
lence in situations that may also involve Fed-18
eral extreme risk protection orders and the ne-19
cessity of safety planning with the victim before 20
law enforcement petitions for and executes a 21
Federal extreme risk protection order, if appli-22
cable; 23
‘‘(C) interacting with persons with mental, 24
behavioral, or physical disabilities, or emotional 25
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distress, including de-escalation techniques and 1
crisis intervention; 2
‘‘(D) techniques for outreach to historically 3
marginalized cultural communities and the de-4
velopment of linguistic proficiencies for law en-5
forcement; 6
‘‘(E) community relations; and 7
‘‘(F) best practices for referring persons 8
subject to Federal extreme risk protection or-9
ders and associated victims of violence to social 10
service providers that may be available in the 11
jurisdiction and appropriate for those individ-12
uals, including health care, mental health, sub-13
stance abuse, and legal services, employment 14
and vocational services, housing assistance, case 15
management, and veterans and disability bene-16
fits. 17
‘‘(2) T
RAINING DEVELOPMENT .—Federal law 18
enforcement agencies developing law enforcement 19
training required under this section shall seek advice 20
from domestic violence service providers (including 21
culturally specific (as defined in section 40002 of the 22
Violence Against Women Act of 1994 (34 U.S.C. 23
12291)) providers), social service providers, suicide 24
prevention advocates, violence intervention special-25
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ists, law enforcement agencies, mental health dis-1
ability experts, and other community groups working 2
to reduce suicides and violence, including domestic 3
violence, within the State. 4
‘‘(m) R
ULE OFCONSTRUCTION.—Nothing in this sec-5
tion shall be construed to alter the requirements of sub-6
section (d)(8) or (g)(8) of section 922, related to domestic 7
violence protective orders. 8
‘‘(n) P
REEMPTION.—Nothing in this section may be 9
construed to preempt any State law or policy.’’. 10
(b) T
ECHNICAL ANDCONFORMINGAMENDMENTS.— 11
(1) T
ABLE OF SECTIONS.—The table of sections 12
for chapter 44 of title 18, United States Code, is 13
amended by adding at the end the following: 14
‘‘935. Extreme risk protection orders.’’.
(2) FORFEITURE.—Section 924(d)(3) of title 15
18, United States Code, is amended— 16
(A) in subparagraph (F), by striking 17
‘‘and’’ at the end; 18
(B) in subparagraph (G), by striking the 19
period at the end and inserting ‘‘; and’’; and 20
(C) by adding at the end the following: 21
‘‘(H) any attempt to violate a Federal extreme 22
risk protection order issued under section 935.’’. 23
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SEC. 3. FEDERAL FIREARMS PROHIBITION. 1
Section 922 of title 18, United States Code, is 2
amended— 3
(1) in subsection (d)— 4
(A) in paragraph (10), by striking ‘‘or’’ at 5
the end; 6
(B) in paragraph (11), by striking the pe-7
riod at the end and inserting ‘‘; or’’; and 8
(C) by inserting after paragraph (11) the 9
following: 10
‘‘(12) is subject to a court order— 11
‘‘(A) issued under section 935; or 12
‘‘(B) that is an extreme risk protection 13
order (as defined in section 4(a) of the Federal 14
Extreme Risk Protection Order Act of 2023).’’; 15
and 16
(2) in subsection (g)— 17
(A) in paragraph (8)(C)(ii), by striking 18
‘‘or’’ at the end; 19
(B) in paragraph (9), by striking the 20
comma at the end and inserting ‘‘; or’’; and 21
(C) by inserting after paragraph (9) the 22
following: 23
‘‘(10) is subject to a court order— 24
‘‘(A) issued under section 935; or 25
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‘‘(B) that is an extreme risk protection 1
order (as defined in section 4(a) of the Federal 2
Extreme Risk Protection Order Act of 2023),’’. 3
SEC. 4. EXTREME RISK PROTECTION ORDER GRANT PRO-4
GRAM. 5
(a) D
EFINITIONS.—In this section: 6
(1) E
LIGIBLE ENTITY.—The term ‘‘eligible enti-7
ty’’ means— 8
(A) a State or Indian Tribe— 9
(i) that enacts legislation described in 10
subsection (c); 11
(ii) with respect to which the Attorney 12
General determines that the legislation de-13
scribed in clause (i) complies with the re-14
quirements under subsection (c)(1); and 15
(iii) that certifies to the Attorney 16
General that the State or Indian Tribe 17
shall— 18
(I) use the grant for the purposes 19
described in subsection (b)(2); and 20
(II) allocate not less than 25 per-21
cent and not more than 70 percent of 22
the amount received under a grant 23
under subsection (b) for the develop-24
ment and dissemination of training 25
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for law enforcement officers in accord-1
ance with subsection (b)(4); or 2
(B) a unit of local government or other 3
public or private entity that— 4
(i) is located in a State or in the terri-5
tory under the jurisdiction of an Indian 6
Tribe that meets the requirements de-7
scribed in clauses (i) and (ii) of subpara-8
graph (A); and 9
(ii) certifies to the Attorney General 10
that the unit of local government or entity 11
shall— 12
(I) use the grant for the purposes 13
described in subsection (b)(2); and 14
(II) allocate not less than 25 per-15
cent and not more than 70 percent of 16
the amount received under a grant 17
under this section for the development 18
and dissemination of training for law 19
enforcement officers in accordance 20
with subsection (b)(4). 21
(2) E
XTREME RISK PROTECTION ORDER .—The 22
term ‘‘extreme risk protection order’’ means a writ-23
ten order or warrant, issued by a State or Tribal 24
court or signed by a magistrate (or other com-25
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•HR 3018 IH
parable judicial officer), the primary purpose of 1
which is to reduce the risk of firearm-related death 2
or injury by doing 1 or more of the following: 3
(A) Prohibiting a named individual from 4
having under the custody or control of the indi-5
vidual, owning, purchasing, possessing, or re-6
ceiving a firearm. 7
(B) Having a firearm removed or requiring 8
the surrender of firearms from a named indi-9
vidual. 10
(3) F
IREARM.—The term ‘‘firearm’’ has the 11
meaning given the term in section 921 of title 18, 12
United States Code. 13
(4) I
NDIAN TRIBE.—The term ‘‘Indian Tribe’’ 14
has the meaning given the term ‘‘Indian tribe’’ in 15
section 1709 of title I of the Omnibus Crime Control 16
and Safe Streets Act of 1968 (34 U.S.C. 10389). 17
(5) L
AW ENFORCEMENT OFFICER .—The term 18
‘‘law enforcement officer’’ means a public servant 19
authorized by Federal, State, local, or Tribal law or 20
by a Federal, State, local, or Tribal government 21
agency to— 22
(A) engage in or supervise the prevention, 23
detection, investigation, or prosecution of an of-24
fense; or 25
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(B) supervise sentenced criminal offenders. 1
(6) P
ETITIONER.—The term ‘‘petitioner’’ 2
means an individual authorized under State or Trib-3
al law to petition for an extreme risk protection 4
order. 5
(7) R
ESPONDENT.—The term ‘‘respondent’’ 6
means an individual named in the petition for an ex-7
treme risk protection order or subject to an extreme 8
risk protection order. 9
(8) S
TATE.—The term ‘‘State’’ means— 10
(A) a State; 11
(B) the District of Columbia; 12
(C) the Commonwealth of Puerto Rico; 13
and 14
(D) any other territory or possession of the 15
United States. 16
(9) U
NIT OF LOCAL GOVERNMENT .—The term 17
‘‘unit of local government’’ has the meaning given 18
the term in section 901 of title I of the Omnibus 19
Crime Control and Safe Streets Act of 1968 (34 20
U.S.C. 10251). 21
(b) G
RANTPROGRAMESTABLISHED.— 22
(1) I
N GENERAL.—The Director of the Office of 23
Community Oriented Policing Services of the De-24
partment of Justice shall establish a program under 25
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•HR 3018 IH
which, from amounts made available to carry out 1
this section, the Director may make grants to eligi-2
ble entities to assist in carrying out the provisions 3
of the legislation described in subsection (c). 4
(2) U
SE OF FUNDS.—Funds awarded under 5
this subsection may be used by an applicant to— 6
(A) enhance the capacity of law enforce-7
ment agencies and the courts of a State, unit 8
of local government, or Indian Tribe by pro-9
viding personnel, training, technical assistance, 10
data collection, and other resources to carry out 11
enacted legislation described in subsection (c); 12
(B) train judges, court personnel, health 13
care and legal professionals, and law enforce-14
ment officers to more accurately identify indi-15
viduals whose access to firearms poses a danger 16
of causing harm to themselves or others by in-17
creasing the risk of firearms suicide or inter-18
personal violence; 19
(C) develop and implement law enforce-20
ment and court protocols, forms, and orders so 21
that law enforcement agencies and the courts 22
may carry out the provisions of the enacted leg-23
islation described in subsection (c) in a safe, eq-24
uitable, and effective manner, including through 25
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•HR 3018 IH
the removal and storage of firearms pursuant to 1
extreme risk protection orders under the en-2
acted legislation; and 3
(D) raise public awareness and under-4
standing of the enacted legislation described in 5
subsection (c), including through subgrants to 6
community-based organizations for the training 7
of community members, so that extreme risk 8
protection orders may be issued in appropriate 9
situations to reduce the risk of firearms-related 10
death and injury. 11
(3) A
PPLICATION.—An eligible entity desiring a 12
grant under this subsection shall submit to the At-13
torney General an application at such time, in such 14
manner, and containing or accompanied by such in-15
formation as the Attorney General may reasonably 16
require. 17
(4) T
RAINING.— 18
(A) I
N GENERAL.—A recipient of a grant 19
under this subsection shall provide training to 20
law enforcement officers, including officers of 21
relevant Federal, State, local, and Tribal law 22
enforcement agencies, in the safe, impartial, ef-23
fective, and equitable use and administration of 24
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•HR 3018 IH
extreme risk protection orders, including train-1
ing to address— 2
(i) bias based on race and racism, eth-3
nicity, gender, sexual orientation, gender 4
identity, religion, language proficiency, 5
mental health condition, disability, and 6
classism in the use and administration of 7
extreme risk protection orders; 8
(ii) the appropriate use of extreme 9
risk protection orders in cases of domestic 10
violence, including the applicability of other 11
policies and protocols to address domestic 12
violence in situations that may also involve 13
extreme risk protection orders and the ne-14
cessity of safety planning with the victim 15
before a law enforcement officer petitions 16
for and executes an extreme risk protection 17
order, if applicable; 18
(iii) interacting with persons with 19
mental, behavioral, or physical disabilities, 20
or emotional distress, including de-esca-21
lation techniques and crisis intervention; 22
(iv) techniques for outreach to histori-23
cally marginalized cultural communities 24
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•HR 3018 IH
and the development of linguistic proficien-1
cies for law enforcement; 2
(v) community relations; and 3
(vi) best practices for referring per-4
sons subject to extreme risk protection or-5
ders and associated victims of violence to 6
social service providers that may be avail-7
able in the jurisdiction and appropriate for 8
those individuals, including health care, 9
mental health, substance abuse, and legal 10
services, employment and vocational serv-11
ices, housing assistance, case management, 12
and veterans and disability benefits. 13
(B) C
ONSULTATION WITH EXPERTS .—A 14
recipient of a grant under this subsection, in 15
developing law enforcement training required 16
under subparagraph (A), shall seek advice from 17
domestic violence service providers (including 18
culturally specific (as defined in section 40002 19
of the Violence Against Women Act of 1994 (34 20
U.S.C. 12291)) providers), social service pro-21
viders, suicide prevention advocates, violence 22
intervention specialists, law enforcement agen-23
cies, mental health disability experts, and other 24
community groups working to reduce suicides 25
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and violence, including domestic violence, within 1
the State or the territory under the jurisdiction 2
of the Indian Tribe, as applicable, that enacted 3
the legislation described in subsection (c) that 4
enabled the grant recipient to be an eligible en-5
tity. 6
(5) I
NCENTIVES.—For each of fiscal years 2024 7
through 2028, the Attorney General shall give af-8
firmative preference in awarding any discretionary 9
grant awarded by the Office of Community Oriented 10
Policing Services to a State or Indian Tribe that has 11
enacted legislation described in subsection (c) or to 12
a unit of local government or other public or private 13
entity located in such a State or in the territory 14
under the jurisdiction of such an Indian Tribe. 15
(6) A
UTHORIZATION OF APPROPRIATIONS .— 16
There are authorized to be appropriated such sums 17
as are necessary to carry out this section. 18
(c) E
LIGIBILITY FOREXTREMERISKPROTECTION 19
O
RDERGRANTPROGRAM.— 20
(1) R
EQUIREMENTS.—Legislation described in 21
this subsection is legislation that establishes require-22
ments that are substantially similar to the following: 23
(A) A
PPLICATION FOR EXTREME RISK 24
PROTECTION ORDER .—A petitioner, including a 25
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•HR 3018 IH
law enforcement officer, may submit an applica-1
tion to a State or Tribal court, on a form de-2
signed by the court or a State or Tribal agency, 3
that— 4
(i) describes the facts and cir-5
cumstances justifying that an extreme risk 6
protection order be issued against the 7
named individual; and 8
(ii) is signed by the applicant, under 9
oath. 10
(B) N
OTICE AND DUE PROCESS .—The in-11
dividual named in an application for an extreme 12
risk protection order as described in subpara-13
graph (A) shall be given written notice of the 14
application and an opportunity to be heard on 15
the matter in accordance with this paragraph. 16
(C) I
SSUANCE OF EXTREME RISK PROTEC -17
TION ORDERS.— 18
(i) H
EARING.— 19
(I) I
N GENERAL.—Upon receipt 20
of an application described in sub-21
paragraph (A) or request of an indi-22
vidual named in such an application, 23
the court shall order a hearing to be 24
held within a reasonable time, and not 25
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later than 30 days after the date of 1
the application or request. 2
(II) D
ETERMINATION.—If the 3
court finds at the hearing ordered 4
under subclause (I), by a preponder-5
ance of the evidence or according to a 6
higher evidentiary standard estab-7
lished by the State or Indian Tribe, 8
that the respondent poses a danger of 9
causing harm to self or others by hav-10
ing access to a firearm, the court may 11
issue an extreme risk protection order. 12
(ii) D
URATION OF EXTREME RISK 13
PROTECTION ORDER .—An extreme risk 14
protection order shall be in effect— 15
(I) until an order terminating or 16
superseding the extreme risk protec-17
tion order is issued; or 18
(II) for a set period of time. 19
(D) E
X PARTE EXTREME RISK PROTEC -20
TION ORDERS.— 21
(i) I
N GENERAL.—Upon receipt of an 22
application described in subparagraph (A), 23
the court may issue an ex parte extreme 24
risk protection order, if— 25
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(I) the application for an extreme 1
risk protection order alleges that the 2
respondent poses a danger of causing 3
harm to self or others by having ac-4
cess to a firearm; and 5
(II) the court finds there is rea-6
sonable cause to believe, or makes a 7
finding according to a higher evi-8
dentiary standard established by the 9
State or Indian Tribe, that the re-10
spondent poses a danger of causing 11
harm to self or others by having ac-12
cess to a firearm. 13
(ii) D
URATION OF EX PARTE EX -14
TREME RISK PROTECTION ORDER .—An ex 15
parte extreme risk protection order shall 16
remain in effect only until the hearing re-17
quired under subparagraph (C)(i). 18
(E) S
TORAGE OF REMOVED FIREARMS .— 19
(i) A
VAILABILITY FOR RETURN .—All 20
firearms removed or surrendered pursuant 21
to an extreme risk protection order shall 22
only be available for return to the named 23
individual when the individual has regained 24
eligibility under Federal and State law, 25
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and, where applicable, Tribal law to pos-1
sess firearms. 2
(ii) C
ONSENT REQUIRED FOR DIS -3
POSAL OR DESTRUCTION .—Firearms 4
owned by a named individual may not be 5
disposed of or destroyed during the period 6
of the extreme risk protection order with-7
out the consent of the named individual. 8
(F) N
OTIFICATION.— 9
(i) I
N GENERAL.— 10
(I) R
EQUIREMENT.—A State or 11
Tribal court that issues an extreme 12
risk protection order shall notify the 13
Attorney General or the comparable 14
State or Tribal agency, as applicable, 15
of the order as soon as practicable or 16
within a designated period of time. 17
(II) F
ORM AND MANNER .—A 18
State or Tribal court shall submit a 19
notification under subclause (I) in an 20
electronic format, in a manner pre-21
scribed by the Attorney General or the 22
comparable State or Tribal agency. 23
(ii) U
PDATE OF DATABASES .—As 24
soon as practicable or within the time pe-25
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riod designated by State or Tribal law 1
after receiving a notification under clause 2
(i), the Attorney General or the com-3
parable State or Tribal agency shall ensure 4
that the extreme risk protection order is 5
reflected in the National Instant Criminal 6
Background Check System. 7
(2) A
DDITIONAL PROVISIONS.—Legislation de-8
scribed in this subsection may— 9
(A) provide procedures for the termination 10
of an extreme risk protection order; 11
(B) provide procedures for the renewal of 12
an extreme risk protection order; 13
(C) establish burdens and standards of 14
proof for issuance of orders described in para-15
graph (1) that are substantially similar to or 16
higher than the burdens and standards of proof 17
set forth in that paragraph; 18
(D) limit the individuals who may submit 19
an application described in paragraph (1), pro-20
vided that, at a minimum, law enforcement offi-21
cers are authorized to do so; and 22
(E) include any other authorizations or re-23
quirements that the State or Tribal authorities 24
determine appropriate. 25
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(3) ANNUAL REPORT.—Not later than 1 year 1
after the date on which an eligible entity receives a 2
grant under subsection (b), and annually thereafter 3
for the duration of the grant period, the entity shall 4
submit to the Attorney General a report that in-5
cludes, with respect to the preceding year— 6
(A) the number of petitions for ex parte 7
extreme risk protection orders filed, as well as 8
the number of such orders issued and the num-9
ber denied, disaggregated by— 10
(i) the jurisdiction; 11
(ii) the individual authorized under 12
State or Tribal law to petition for an ex-13
treme risk protection order, including the 14
relationship of the individual to the re-15
spondent; and 16
(iii) the alleged danger posed by the 17
respondent, including whether the danger 18
involved a risk of suicide, unintentional in-19
jury, domestic violence, or other inter-20
personal violence; 21
(B) the number of petitions for extreme 22
risk protection orders filed, as well as the num-23
ber of such orders issued and the number de-24
nied, disaggregated by— 25
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(i) the jurisdiction; 1
(ii) the individual authorized under 2
State or Tribal law to petition for an ex-3
treme risk protection order, including the 4
relationship of the individual to the re-5
spondent; and 6
(iii) the alleged danger posed by the 7
respondent, including whether the danger 8
involved a risk of suicide, unintentional in-9
jury, domestic violence, or other inter-10
personal violence; 11
(C) the number of petitions for renewals of 12
extreme risk protection orders filed, as well as 13
the number of such orders issued and the num-14
ber denied; 15
(D) the number of cases in which a court 16
imposed a penalty for false reporting or frivo-17
lous petitions; 18
(E) demographic data of petitioners, in-19
cluding race, ethnicity, national origin, sex, gen-20
der, age, disability, average annual income, and 21
English language proficiency, if available; 22
(F) demographic data of respondents, in-23
cluding race, ethnicity, national origin, sex, gen-24
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der, age, disability, average annual income, and 1
English language proficiency, if available; and 2
(G) the total number of firearms removed 3
pursuant to extreme risk protection orders, and, 4
if available, the number of firearms removed 5
pursuant to each such order. 6
SEC. 5. IDENTIFICATION RECORDS. 7
Section 534 of title 28, United States Code, is 8
amended— 9
(1) in subsection (a)— 10
(A) in paragraph (4), by striking ‘‘and’’ at 11
the end; 12
(B) by redesignating paragraph (5) as 13
paragraph (6); and 14
(C) by inserting after paragraph (4) the 15
following: 16
‘‘(5)(A) subject to subparagraph (B), acquire, 17
collect, classify, and preserve records from Federal, 18
Tribal, and State courts and other agencies identi-19
fying individuals subject to extreme risk protection 20
orders, as defined in section 4(a) of the Federal Ex-21
treme Risk Protection Order Act of 2023; and 22
‘‘(B) destroy each record acquired or collected 23
under subparagraph (A) when the applicable ex-24
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treme risk protection order expires or is terminated 1
or dissolved; and’’; 2
(2) in subsection (b), by striking ‘‘(a)(5)’’ and 3
inserting ‘‘(a)(6)’’; and 4
(3) by adding at the end the following: 5
‘‘(g) E
XTREMERISKPROTECTIONORDERS INNA-6
TIONALCRIMEINFORMATIONDATABASES.—A Federal, 7
Tribal, or State criminal justice agency or criminal or civil 8
court may— 9
‘‘(1) include extreme risk protection orders, as 10
defined in section 4 of the Federal Extreme Risk 11
Protection Order Act of 2023, and Federal extreme 12
risk protection orders, as defined in section 935 of 13
title 18, in national crime information databases, as 14
that term is defined in subsection (f)(3) of this sec-15
tion; and 16
‘‘(2) have access to information regarding ex-17
treme risk protection orders and Federal extreme 18
risk protection orders through the national crime in-19
formation databases.’’. 20
SEC. 6. FULL FAITH AND CREDIT. 21
(a) D
EFINITIONS.—In this section, the terms ‘‘ex-22
treme risk protection order’’, ‘‘Indian Tribe’’, and ‘‘State’’ 23
have the meanings given those terms in section 4(a). 24
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(b) FULLFAITH ANDCREDITREQUIRED.—Any ex-1
treme risk protection order issued under a State or Tribal 2
law enacted in accordance with this Act shall be accorded 3
the same full faith and credit by the court of another State 4
or Indian Tribe (referred to in this subsection as the ‘‘en-5
forcing State or Indian Tribe’’) and enforced by the court 6
and law enforcement personnel of the other State or Tribal 7
government as if it were the order of the enforcing State 8
or Indian Tribe. 9
(c) A
PPLICABILITY TOPROTECTIONORDERS.— 10
(1) I
N GENERAL.—Subsection (b) shall apply to 11
a protection order issued by a State or Tribal court 12
if— 13
(A) the court has jurisdiction over the par-14
ties and matter under the law of the State or 15
Indian Tribe; and 16
(B) reasonable notice and opportunity to 17
be heard is given to the person against whom 18
the order is sought sufficient to protect that 19
person’s right to due process. 20
(2) E
X PARTE PROTECTION ORDERS .—For pur-21
poses of paragraph (1)(B), in the case of an ex parte 22
protection order, notice and opportunity to be heard 23
shall be provided within the time required by State 24
or Tribal law, and in any event within a reasonable 25
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time after the order is issued, sufficient to protect 1
the due process rights of the respondent. 2
(d) T
RIBALCOURTJURISDICTION.—For purposes of 3
this section, a court of an Indian Tribe shall have full civil 4
jurisdiction to issue and enforce a protection order involv-5
ing any person, including the authority to enforce any 6
order through civil contempt proceedings, to exclude viola-7
tors from Indian land, and to use other appropriate mech-8
anisms, in matters arising anywhere in the Indian country 9
(as defined in section 1151 of title 18, United States 10
Code) of the Indian Tribe or otherwise within the author-11
ity of the Indian Tribe. 12
SEC. 7. CONFORMING AMENDMENT. 13
Section 3(1) of the NICS Improvement Amendments 14
Act of 2007 (34 U.S.C. 40903(1)) is amended by striking 15
‘‘section 922(g)(8)’’ and inserting ‘‘paragraph (8) or (10) 16
of section 922(g)’’. 17
SEC. 8. SEVERABILITY. 18
If any provision of this Act, or an amendment made 19
by this Act, or the application of such provision to any 20
person or circumstance, is held to be invalid, the remain-21
der of this Act, or an amendment made by this Act, or 22
the application of such provision to other persons or cir-23
cumstances, shall not be affected. 24
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SEC. 9. EFFECTIVE DATE. 1
This Act and the amendments made by this Act shall 2
take effect on the date that is 180 days after the date 3
of enactment of this Act. 4
Æ
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