This bill establishes a comprehensive federal framework for extreme risk protection orders (ERPOs), allowing federal courts to temporarily prohibit individuals from purchasing, possessing, or receiving firearms and ammunition if they pose a risk of personal injury to themselves or others. Petitions for these orders can be filed by family or household members or law enforcement officers in a United States district court, with no associated fees for petitioners or respondents. The bill outlines distinct processes for issuing ex parte and long-term ERPOs, ensuring due process protections for respondents. For an ex parte Federal order , a court may issue it based on probable cause, supported by a sworn affidavit, that the respondent poses an imminent risk of personal injury. These emergency orders are valid for up to 14 days or until a hearing for a long-term order. A long-term Federal order requires a hearing where the petitioner must demonstrate by clear and convincing evidence that the respondent poses a risk of personal injury by firearm or ammunition, with the order lasting up to 180 days and being renewable under the same evidentiary standard. In determining whether to issue an ERPO, courts must consider factors such as recent threats or acts of violence, cruelty to animals, or substance abuse leading to violence. Upon issuance of any ERPO, the respondent is ordered to surrender all firearms, ammunition, and permits to the U.S. Marshals Service or designated law enforcement, with procedures for safe removal and return once the order is dissolved or expires. The bill also includes penalties for individuals who knowingly submit false information or frivolous petitions to the court. Beyond the federal framework, the legislation creates an Extreme Risk Protection Order Grant Program to encourage states and Indian tribes to enact their own ERPO laws. Eligible entities, including states, tribes, and local governments, can receive grants to enhance law enforcement capacity, train personnel, develop protocols, and raise public awareness of ERPOs. To qualify for these grants, state or tribal legislation must establish requirements substantially similar to the federal provisions, including due process, evidentiary standards, and mechanisms for firearm relinquishment and database reporting. The bill mandates that federal firearms prohibitions apply to individuals subject to both federal and qualifying state/tribal ERPOs, ensuring they are entered into the National Instant Criminal Background Check System (NICS). It also requires federal law enforcement agencies to provide training on the equitable and effective administration of ERPOs, addressing issues like bias, domestic violence, and interactions with vulnerable populations. Finally, the legislation ensures that qualifying state and tribal ERPOs receive full faith and credit across jurisdictions, promoting consistent enforcement nationwide.
This bill establishes a comprehensive federal framework for extreme risk protection orders (ERPOs), allowing federal courts to temporarily prohibit individuals from purchasing, possessing, or receiving firearms and ammunition if they pose a risk of personal injury to themselves or others. Petitions for these orders can be filed by family or household members or law enforcement officers in a United States district court, with no associated fees for petitioners or respondents. The bill outlines distinct processes for issuing ex parte and long-term ERPOs, ensuring due process protections for respondents. For an ex parte Federal order , a court may issue it based on probable cause, supported by a sworn affidavit, that the respondent poses an imminent risk of personal injury. These emergency orders are valid for up to 14 days or until a hearing for a long-term order. A long-term Federal order requires a hearing where the petitioner must demonstrate by clear and convincing evidence that the respondent poses a risk of personal injury by firearm or ammunition, with the order lasting up to 180 days and being renewable under the same evidentiary standard. In determining whether to issue an ERPO, courts must consider factors such as recent threats or acts of violence, cruelty to animals, or substance abuse leading to violence. Upon issuance of any ERPO, the respondent is ordered to surrender all firearms, ammunition, and permits to the U.S. Marshals Service or designated law enforcement, with procedures for safe removal and return once the order is dissolved or expires. The bill also includes penalties for individuals who knowingly submit false information or frivolous petitions to the court. Beyond the federal framework, the legislation creates an Extreme Risk Protection Order Grant Program to encourage states and Indian tribes to enact their own ERPO laws. Eligible entities, including states, tribes, and local governments, can receive grants to enhance law enforcement capacity, train personnel, develop protocols, and raise public awareness of ERPOs. To qualify for these grants, state or tribal legislation must establish requirements substantially similar to the federal provisions, including due process, evidentiary standards, and mechanisms for firearm relinquishment and database reporting. The bill mandates that federal firearms prohibitions apply to individuals subject to both federal and qualifying state/tribal ERPOs, ensuring they are entered into the National Instant Criminal Background Check System (NICS). It also requires federal law enforcement agencies to provide training on the equitable and effective administration of ERPOs, addressing issues like bias, domestic violence, and interactions with vulnerable populations. Finally, the legislation ensures that qualifying state and tribal ERPOs receive full faith and credit across jurisdictions, promoting consistent enforcement nationwide.