II
119THCONGRESS
1
STSESSION S. 889
To support State, Tribal, and local efforts to remove access to firearms
from individuals who are a danger to themselves or others pursuant
to court orders for this purpose.
IN THE SENATE OF THE UNITED STATES
MARCH6, 2025
Mr. B
LUMENTHAL (for himself, Mr. PADILLA, Mr. KAINE, Mr. SCHIFF, Mr.
W
HITEHOUSE, Mr. SCHATZ, Ms. HIRONO, Mr. VANHOLLEN, Mr. MAR-
KEY, Mr. WYDEN, Mr. BOOKER, Mrs. MURRAY, Ms. KLOBUCHAR, Ms.
C
ANTWELL, Mr. DURBIN, Ms. WARREN, Mr. MERKLEY, and Ms. SMITH)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
A BILL
To support State, Tribal, and local efforts to remove access
to firearms from individuals who are a danger to them-
selves or others pursuant to court orders for this pur-
pose.
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 ‘‘Extreme Risk Protec-4
tion Order Expansion Act of 2025’’. 5
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SEC. 2. EXTREME RISK PROTECTION ORDER GRANT PRO-1
GRAM. 2
(a) D
EFINITIONS.—In this section: 3
(1) E
LIGIBLE ENTITY.—The term ‘‘eligible enti-4
ty’’ means— 5
(A) a State or Indian Tribe— 6
(i) that enacts legislation described in 7
subsection (c); 8
(ii) with respect to which the Attorney 9
General determines that the legislation de-10
scribed in clause (i) complies with the re-11
quirements under subsection (c)(1); and 12
(iii) that certifies to the Attorney 13
General that the State or Indian Tribe 14
will, with respect to a grant received under 15
subsection (b)— 16
(I) use the grant for the purposes 17
described in subsection (b)(2); and 18
(II) allocate not less than 25 per-19
cent and not more than 70 percent of 20
the amount received under the grant 21
for the development and dissemination 22
of training for law enforcement offi-23
cers in accordance with subsection 24
(b)(4); or 25
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(B) a unit of local government or other 1
public or private entity that— 2
(i) is located in a State or in the terri-3
tory under the jurisdiction of an Indian 4
Tribe that meets the requirements de-5
scribed in clauses (i) and (ii) of subpara-6
graph (A); and 7
(ii) certifies to the Attorney General 8
that the unit of local government or entity 9
will, with respect to a grant received under 10
subsection (b)— 11
(I) use the grant for the purposes 12
described in subsection (b)(2); and 13
(II) allocate not less than 25 per-14
cent and not more than 70 percent of 15
the amount received under the grant 16
for the development and dissemination 17
of training for law enforcement offi-18
cers in accordance with subsection 19
(b)(4). 20
(2) E
XTREME RISK PROTECTION ORDER .—The 21
term ‘‘extreme risk protection order’’ means a writ-22
ten order or warrant, issued by a State or Tribal 23
court or signed by a magistrate (or other com-24
parable judicial officer), the primary purpose of 25
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which is to reduce the risk of firearm-related death 1
or injury by doing 1 or more of the following: 2
(A) Prohibiting a named individual from 3
having under the custody or control of the indi-4
vidual, owning, purchasing, possessing, or re-5
ceiving a firearm. 6
(B) Having a firearm removed or requiring 7
the surrender of firearms from a named indi-8
vidual. 9
(3) F
IREARM.—The term ‘‘firearm’’ has the 10
meaning given the term in section 921 of title 18, 11
United States Code. 12
(4) I
NDIAN TRIBE.—The term ‘‘Indian Tribe’’ 13
has the meaning given the term ‘‘Indian tribe’’ in 14
section 1709 of title I of the Omnibus Crime Control 15
and Safe Streets Act of 1968 (34 U.S.C. 10389). 16
(5) L
AW ENFORCEMENT OFFICER .—The term 17
‘‘law enforcement officer’’ means a public servant 18
authorized by Federal, State, local, or Tribal law or 19
by an agency of the Federal Government or of a 20
State, local, or Tribal government to— 21
(A) engage in or supervise the prevention, 22
detection, investigation, or prosecution of an of-23
fense; or 24
(B) supervise sentenced criminal offenders. 25
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(6) PETITIONER.—The term ‘‘petitioner’’ 1
means an individual authorized under State or Trib-2
al law to petition for an extreme risk protection 3
order. 4
(7) R
ESPONDENT.—The term ‘‘respondent’’ 5
means an individual named in the petition for an ex-6
treme risk protection order or subject to an extreme 7
risk protection order. 8
(8) S
TATE.—The term ‘‘State’’ means— 9
(A) a State; 10
(B) the District of Columbia; 11
(C) the Commonwealth of Puerto Rico; 12
and 13
(D) any other territory or possession of the 14
United States. 15
(9) U
NIT OF LOCAL GOVERNMENT .—The term 16
‘‘unit of local government’’ has the meaning given 17
the term in section 901 of title I of the Omnibus 18
Crime Control and Safe Streets Act of 1968 (34 19
U.S.C. 10251). 20
(b) G
RANTPROGRAMESTABLISHED.— 21
(1) I
N GENERAL.—The Attorney General shall 22
establish a program under which, from amounts 23
made available to carry out this section, the Attor-24
ney General may make grants to eligible entities to 25
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assist in carrying out the provisions of the legisla-1
tion described in subsection (c). 2
(2) U
SE OF FUNDS.—Funds awarded under 3
this subsection may be used by an applicant to— 4
(A) enhance the capacity of law enforce-5
ment agencies and the courts of a State, unit 6
of local government, or Indian Tribe by pro-7
viding personnel, training, technical assistance, 8
data collection, and other resources to carry out 9
enacted legislation described in subsection (c); 10
(B) train judges, court personnel, health 11
care and legal professionals, and law enforce-12
ment officers to more accurately identify indi-13
viduals whose access to firearms poses a danger 14
of causing harm to themselves or others by in-15
creasing the risk of firearms suicide or inter-16
personal violence; 17
(C) develop and implement law enforce-18
ment and court protocols, forms, and orders so 19
that law enforcement agencies and the courts 20
may carry out the provisions of the enacted leg-21
islation described in subsection (c) in a safe, eq-22
uitable, and effective manner, including through 23
the removal and storage of firearms pursuant to 24
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extreme risk protection orders under the en-1
acted legislation; and 2
(D) raise public awareness and under-3
standing of the enacted legislation described in 4
subsection (c), including through subgrants to 5
community-based organizations for the training 6
of community members, so that extreme risk 7
protection orders may be issued in appropriate 8
situations to reduce the risk of firearms-related 9
death and injury. 10
(3) A
PPLICATION.—An eligible entity desiring a 11
grant under this subsection shall submit to the At-12
torney General an application at such time, in such 13
manner, and containing or accompanied by such in-14
formation as the Attorney General may reasonably 15
require. 16
(4) T
RAINING.— 17
(A) I
N GENERAL.—A recipient of a grant 18
under this subsection shall provide training to 19
law enforcement officers, including officers of 20
relevant Federal, State, local, and Tribal law 21
enforcement agencies, in the safe, impartial, ef-22
fective, and equitable use and administration of 23
extreme risk protection orders, including train-24
ing to address— 25
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(i) bias based on race and racism, eth-1
nicity, gender, sexual orientation, gender 2
identity, religion, language proficiency, 3
mental health condition, disability, and 4
classism in the use and administration of 5
extreme risk protection orders; 6
(ii) the appropriate use of extreme 7
risk protection orders in cases of domestic 8
violence, including the applicability of other 9
policies and protocols to address domestic 10
violence in situations that may also involve 11
extreme risk protection orders and the ne-12
cessity of safety planning with the victim 13
before a law enforcement officer petitions 14
for and executes an extreme risk protection 15
order, if applicable; 16
(iii) interacting with persons with a 17
mental illness or emotional distress, includ-18
ing de-escalation and crisis intervention; 19
and 20
(iv) best practices for referring per-21
sons subject to extreme risk protection or-22
ders and associated victims of violence to 23
social service providers that may be avail-24
able in the jurisdiction and appropriate for 25
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those individuals, including health care, 1
mental health, substance abuse, and legal 2
services, employment and vocational serv-3
ices, housing assistance, case management, 4
and veterans and disability benefits. 5
(B) C
ONSULTATION WITH EXPERTS .—A 6
recipient of a grant under this subsection, in 7
developing law enforcement training required 8
under subparagraph (A), shall seek advice from 9
domestic violence service providers (including 10
culturally specific (as defined in section 40002 11
of the Violence Against Women Act of 1994 (34 12
U.S.C. 12291)) organizations), social service 13
providers, suicide prevention advocates, violence 14
intervention specialists, law enforcement agen-15
cies, mental health disability experts, and other 16
community groups working to reduce suicides 17
and violence, including domestic violence, within 18
the State or the territory under the jurisdiction 19
of the Indian Tribe, as applicable, that enacted 20
the legislation described in subsection (c) that 21
enabled the grant recipient to be an eligible en-22
tity. 23
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(5) AUTHORIZATION OF APPROPRIATIONS .— 1
There are authorized to be appropriated such sums 2
as are necessary to carry out this subsection. 3
(c) E
LIGIBILITY FOREXTREMERISKPROTECTION 4
O
RDERGRANTPROGRAM.— 5
(1) R
EQUIREMENTS.—Legislation described in 6
this subsection is legislation that establishes require-7
ments that are substantially similar to the following: 8
(A) P
ETITION FOR EXTREME RISK PRO -9
TECTION ORDER.—A petitioner, including a law 10
enforcement officer, may submit a petition to a 11
State or Tribal court, on a form designed by 12
the court or a State or Tribal agency, that— 13
(i) describes the facts and cir-14
cumstances justifying that an extreme risk 15
protection order be issued against the 16
named individual; and 17
(ii) is signed by the applicant, under 18
oath. 19
(B) N
OTICE AND DUE PROCESS .—The in-20
dividual named in a petition for an extreme risk 21
protection order as described in subparagraph 22
(A) shall be given written notice of the petition 23
and an opportunity to be heard on the matter 24
in accordance with this paragraph. 25
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(C) ISSUANCE OF EXTREME RISK PROTEC -1
TION ORDERS.— 2
(i) H
EARING.— 3
(I) I
N GENERAL.—Upon receipt 4
of a petition described in subpara-5
graph (A) or request of an individual 6
named in such a petition, the court 7
shall order a hearing to be held within 8
a reasonable time, and not later than 9
30 days after the date of the petition 10
or request. 11
(II) D
ETERMINATION.—If the 12
court finds at the hearing ordered 13
under subclause (I), by a preponder-14
ance of the evidence or according to a 15
higher evidentiary standard estab-16
lished by the State or Indian Tribe, 17
that the respondent poses a danger of 18
causing harm to self or others by hav-19
ing access to a firearm, the court may 20
issue an extreme risk protection order. 21
(ii) D
URATION OF EXTREME RISK 22
PROTECTION ORDER .—An extreme risk 23
protection order shall be in effect— 24
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(I) until an order terminating or 1
superseding the extreme risk protec-2
tion order is issued; or 3
(II) for a set period of time. 4
(D) E
X PARTE EXTREME RISK PROTEC -5
TION ORDERS.— 6
(i) I
N GENERAL.—Upon receipt of a 7
petition described in subparagraph (A), the 8
court may issue an ex parte extreme risk 9
protection order, if— 10
(I) the petition for an extreme 11
risk protection order alleges that the 12
respondent poses a danger of causing 13
harm to self or others by having ac-14
cess to a firearm; and 15
(II) the court finds there is prob-16
able cause to believe, or makes a find-17
ing according to a higher evidentiary 18
standard established by the State or 19
Indian Tribe, that the respondent 20
poses a danger of causing harm to self 21
or others by having access to a fire-22
arm. 23
(ii) D
URATION OF EX PARTE EX -24
TREME RISK PROTECTION ORDER .—An ex 25
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parte extreme risk protection order shall 1
remain in effect only until the hearing re-2
quired under subparagraph (C)(i). 3
(E) S
TORAGE OF REMOVED FIREARMS .— 4
(i) A
VAILABILITY FOR RETURN .—All 5
firearms removed or surrendered pursuant 6
to an extreme risk protection order shall 7
only be available for return to the named 8
individual when the individual has regained 9
eligibility under Federal and State law 10
and, where applicable, Tribal law to pos-11
sess firearms. 12
(ii) C
ONSENT REQUIRED FOR DIS -13
POSAL OR DESTRUCTION .—Firearms 14
owned by a named individual may not be 15
disposed of or destroyed during the period 16
of the extreme risk protection order with-17
out the consent of the named individual. 18
(F) N
OTIFICATION.— 19
(i) I
N GENERAL.— 20
(I) R
EQUIREMENT.—A State or 21
Tribal court that issues an extreme 22
risk protection order shall notify the 23
Attorney General or the comparable 24
State or Tribal agency, as applicable, 25
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of the order as soon as practicable or 1
within a designated period of time. 2
(II) F
ORM AND MANNER .—A 3
State or Tribal court shall submit a 4
notification under subclause (I) in an 5
electronic format, in a manner pre-6
scribed by the Attorney General or the 7
comparable State or Tribal agency. 8
(ii) U
PDATE OF DATABASES BY STATE 9
OR TRIBAL AGENCY .—As soon as prac-10
ticable or within the time period des-11
ignated by State or Tribal law after receiv-12
ing a notification under clause (i), the 13
comparable State or Tribal agency shall 14
ensure that the extreme risk protection 15
order is reflected in the National Instant 16
Criminal Background Check System. 17
(2) A
DDITIONAL PROVISIONS.—Legislation de-18
scribed in this subsection may— 19
(A) provide procedures for the termination 20
of an extreme risk protection order; 21
(B) provide procedures for the renewal of 22
an extreme risk protection order; 23
(C) establish burdens and standards of 24
proof for issuance of orders described in para-25
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graph (1) that are substantially similar to or 1
higher than the burdens and standards of proof 2
set forth in that paragraph; 3
(D) limit the individuals who may submit 4
a petition described in paragraph (1), provided 5
that, at a minimum, 1 or more law enforcement 6
officers are authorized to do so; and 7
(E) include any other authorizations or re-8
quirements that the State or Tribal authorities 9
determine appropriate. 10
(3) A
TTORNEY GENERAL RESPONSIBILITIES .— 11
(A) M
ANNER OF SUBMITTING NOTIFICA -12
TION TO ATTORNEY GENERAL .—The Attorney 13
General shall prescribe the manner in which a 14
State or Tribal court shall submit a notification 15
to the Attorney General under a provision of 16
State or Tribal law that is substantially similar 17
to paragraph (1)(F)(i). 18
(B) U
PDATE OF DATABASES .—As soon as 19
practicable, and in any event not later than 30 20
days, after receiving a notification under a pro-21
vision of State or Tribal law that is substan-22
tially similar to paragraph (1)(F)(i), the Attor-23
ney General shall ensure that the extreme risk 24
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protection order is reflected in the National In-1
stant Criminal Background Check System. 2
(4) A
NNUAL REPORT.—Not later than 1 year 3
after the date on which an eligible entity receives a 4
grant under subsection (b), and annually thereafter 5
for the duration of the grant period, the entity shall 6
submit to the Attorney General a report that in-7
cludes, with respect to the preceding year— 8
(A) the number of petitions for ex parte 9
extreme risk protection orders filed, as well as 10
the number of such orders issued and the num-11
ber denied, disaggregated by— 12
(i) the jurisdiction; 13
(ii) the individual authorized under 14
State or Tribal law to petition for an ex-15
treme risk protection order, including the 16
relationship of the individual to the re-17
spondent; and 18
(iii) the alleged danger posed by the 19
respondent, including whether the danger 20
involved a risk of suicide, unintentional in-21
jury, domestic violence, or other inter-22
personal violence; 23
(B) the number of petitions for extreme 24
risk protection orders filed, as well as the num-25
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ber of such orders issued and the number de-1
nied, disaggregated by— 2
(i) the jurisdiction; 3
(ii) the individual authorized under 4
State or Tribal law to petition for an ex-5
treme risk protection order, including the 6
relationship of the individual to the re-7
spondent; and 8
(iii) the alleged danger posed by the 9
respondent, including whether the danger 10
involved a risk of suicide, unintentional in-11
jury, domestic violence, or other inter-12
personal violence; 13
(C) the number of petitions for renewals of 14
extreme risk protection orders filed, as well as 15
the number of such orders issued and the num-16
ber denied; 17
(D) the number of cases in which a court 18
imposed a penalty for false reporting or frivo-19
lous petitions; 20
(E) demographic data of petitioners, in-21
cluding race, ethnicity, national origin, sex, gen-22
der, age, disability, and English language pro-23
ficiency, if available; 24
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(F) demographic data of respondents, in-1
cluding race, ethnicity, national origin, sex, gen-2
der, age, disability, and English language pro-3
ficiency, if available; and 4
(G) the number of firearms removed, if 5
available. 6
SEC. 3. FEDERAL FIREARMS PROHIBITION. 7
Section 922 of title 18, United States Code, is 8
amended— 9
(1) in subsection (d)— 10
(A) by redesignating paragraphs (10) and 11
(11) as paragraphs (11) and (12), respectively; 12
(B) by inserting after paragraph (9) the 13
following: 14
‘‘(10) is subject to a court order that— 15
‘‘(A) was issued after a hearing of which 16
such person received actual notice, and at which 17
such person had an opportunity to participate; 18
‘‘(B) prevents such person from possessing 19
or receiving firearms; and 20
‘‘(C) includes a finding that such person 21
poses a danger of harm to self or others.’’; and 22
(C) in paragraph (12), as so redesignated, 23
by striking ‘‘(10)’’ and inserting ‘‘(11)’’; and 24
(2) in subsection (g)— 25
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(A) in paragraph (8)(C)(ii), by striking 1
‘‘or’’ at the end; 2
(B) in paragraph (9), by striking the 3
comma at the end and inserting ‘‘; or’’; and 4
(C) by inserting after paragraph (9) the 5
following: 6
‘‘(10) is subject to a court order that— 7
‘‘(A) was issued after a hearing of which 8
such person received actual notice, and at which 9
such person had an opportunity to participate; 10
‘‘(B) prevents such person from possessing 11
or receiving firearms; and 12
‘‘(C) includes a finding that such person 13
poses a danger of harm to self or others,’’. 14
SEC. 4. IDENTIFICATION RECORDS. 15
Section 534 of title 28, United States Code, is 16
amended— 17
(1) in subsection (a)— 18
(A) by redesignating paragraphs (4) and 19
(5) as paragraphs (5) and (6), respectively; and 20
(B) by inserting after paragraph (3) the 21
following: 22
‘‘(4) acquire, collect, classify, and preserve 23
records from Federal, Tribal, and State courts and 24
other agencies identifying individuals subject to ex-25
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treme risk protection orders, as defined in section 1
2(a) of the Extreme Risk Protection Order Expan-2
sion Act of 2025;’’; 3
(2) in subsection (b)— 4
(A) by striking ‘‘(a)(5)’’ and inserting 5
‘‘(a)(6)’’; and 6
(B) by striking ‘‘(a)(4)’’ and inserting 7
‘‘(a)(5)’’; and 8
(3) by adding at the end the following: 9
‘‘(g) E
XTREMERISKPROTECTIONORDERS INNA-10
TIONALCRIMEINFORMATIONDATABASES.—A Federal, 11
Tribal, or State criminal justice agency or criminal or civil 12
court may— 13
‘‘(1) include extreme risk protection orders, as 14
defined in section 2(a) of the Extreme Risk Protec-15
tion Order Expansion Act of 2025, in national crime 16
information databases, as that term is defined in 17
subsection (f)(3) of this section; and 18
‘‘(2) have access to information regarding ex-19
treme risk protection orders through the national 20
crime information databases.’’. 21
SEC. 5. CONFORMING AMENDMENT. 22
Section 3(1) of the NICS Improvement Amendments 23
Act of 2007 (34 U.S.C. 40903(1)) is amended by striking 24
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‘‘section 922(g)(8)’’ and inserting ‘‘paragraph (8) or (10) 1
of section 922(g)’’. 2
SEC. 6. FULL FAITH AND CREDIT. 3
(a) D
EFINITIONS.—In this section, the terms ‘‘ex-4
treme risk protection order’’, ‘‘Indian Tribe’’, and ‘‘State’’ 5
have the meanings given those terms in section 2(a). 6
(b) F
ULLFAITH ANDCREDITREQUIRED.—Any ex-7
treme risk protection order issued under a State or Tribal 8
law enacted in accordance with this Act shall be accorded 9
the same full faith and credit by the court of another State 10
or Indian Tribe (referred to in this subsection as the ‘‘en-11
forcing State or Indian Tribe’’) and enforced by the court 12
and law enforcement personnel of the other State or Tribal 13
government as if it were the order of the enforcing State 14
or Indian Tribe. 15
(c) A
PPLICABILITY TOEXTREMERISKPROTECTION 16
O
RDERS.— 17
(1) I
N GENERAL.—Subsection (b) shall apply to 18
an extreme risk protection order issued by a State 19
or Tribal court if— 20
(A) the court has jurisdiction over the par-21
ties and matter under the law of the State or 22
Indian Tribe; and 23
(B) reasonable notice and opportunity to 24
be heard is given to the person against whom 25
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the order is sought sufficient to protect that 1
person’s right to due process. 2
(2) E
X PARTE EXTREME RISK PROTECTION OR -3
DERS.—For purposes of paragraph (1)(B), in the 4
case of an ex parte extreme risk protection order, 5
notice and opportunity to be heard shall be provided 6
within the time required by State or Tribal law, and 7
in any event within a reasonable time after the order 8
is issued, sufficient to protect the due process rights 9
of the respondent. 10
(d) T
RIBALCOURTJURISDICTION.—For purposes of 11
this section, a court of an Indian Tribe shall have full civil 12
jurisdiction to issue and enforce an extreme risk protection 13
order involving any person, including the authority to en-14
force any order through civil contempt proceedings, to ex-15
clude violators from Indian land, and to use other appro-16
priate mechanisms, in matters arising anywhere in the In-17
dian country (as defined in section 1151 of title 18, 18
United States Code) of the Indian Tribe or otherwise with-19
in the authority of the Indian Tribe. 20
SEC. 7. SEVERABILITY. 21
If any provision of this Act or amendment made by 22
this Act, or the application of such provision or amend-23
ment to any person or circumstance, is held to be invalid, 24
the remaining provisions of this Act and amendments 25
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•S 889 IS
made by this Act, or the application of such provision or 1
amendment to other persons or circumstances, shall not 2
be affected. 3
SEC. 8. EFFECTIVE DATE. 4
This Act and the amendments made by this Act shall 5
take effect on the date that is 180 days after the date 6
of enactment of this Act. 7
Æ
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