The Extreme Risk Protection Order Expansion Act of 2025 aims to support State, Tribal, and local governments in implementing and enforcing extreme risk protection orders (ERPOs). It establishes a federal grant program, administered by the Attorney General, to assist eligible entities in carrying out legislation that allows for the temporary removal of firearms from individuals who pose a danger to themselves or others. An ERPO is defined as a court order prohibiting a named individual from possessing or receiving a firearm, or requiring the surrender of firearms, to reduce the risk of firearm-related death or injury. To be eligible for these grants, States and Indian Tribes must enact legislation that establishes requirements substantially similar to those outlined in the bill. These requirements include procedures for petitioners (such as law enforcement officers) to submit petitions, provisions for written notice and due process for the respondent, and standards for the issuance of ERPOs by a court, typically based on a finding by a preponderance of the evidence that the respondent poses a danger. The legislation must also allow for ex parte ERPOs in urgent situations, which remain in effect until a full hearing can be held, and mandate that removed firearms are stored and only returned when the individual regains eligibility. Grant funds can be used for various purposes, including enhancing the capacity of law enforcement agencies and courts, training judges, court personnel, health care professionals, and law enforcement officers to identify individuals at risk. Funds also support the development of protocols for safe and effective ERPO implementation, including firearm removal and storage, and public awareness campaigns. A significant portion of the grant (25-70%) must be allocated for law enforcement training, covering topics such as bias, domestic violence, de-escalation, and referrals to social services. Beyond the grant program, the bill makes several federal amendments. It modifies federal law to prohibit individuals subject to certain court orders—those issued after notice and an opportunity to participate, preventing firearm possession, and including a finding of danger—from possessing or receiving firearms. It also mandates that federal, Tribal, and State courts and agencies acquire, collect, and preserve records of these extreme risk protection orders and ensure they are reflected in the National Instant Criminal Background Check System (NICS). Furthermore, the bill requires that ERPOs issued under compliant State or Tribal laws be accorded full faith and credit by courts in other States or Indian Tribes, ensuring their enforceability nationwide.
Extreme Risk Protection Order Expansion Act of 2025
USA119th CongressS-889| Senate
| Updated: 3/6/2025
The Extreme Risk Protection Order Expansion Act of 2025 aims to support State, Tribal, and local governments in implementing and enforcing extreme risk protection orders (ERPOs). It establishes a federal grant program, administered by the Attorney General, to assist eligible entities in carrying out legislation that allows for the temporary removal of firearms from individuals who pose a danger to themselves or others. An ERPO is defined as a court order prohibiting a named individual from possessing or receiving a firearm, or requiring the surrender of firearms, to reduce the risk of firearm-related death or injury. To be eligible for these grants, States and Indian Tribes must enact legislation that establishes requirements substantially similar to those outlined in the bill. These requirements include procedures for petitioners (such as law enforcement officers) to submit petitions, provisions for written notice and due process for the respondent, and standards for the issuance of ERPOs by a court, typically based on a finding by a preponderance of the evidence that the respondent poses a danger. The legislation must also allow for ex parte ERPOs in urgent situations, which remain in effect until a full hearing can be held, and mandate that removed firearms are stored and only returned when the individual regains eligibility. Grant funds can be used for various purposes, including enhancing the capacity of law enforcement agencies and courts, training judges, court personnel, health care professionals, and law enforcement officers to identify individuals at risk. Funds also support the development of protocols for safe and effective ERPO implementation, including firearm removal and storage, and public awareness campaigns. A significant portion of the grant (25-70%) must be allocated for law enforcement training, covering topics such as bias, domestic violence, de-escalation, and referrals to social services. Beyond the grant program, the bill makes several federal amendments. It modifies federal law to prohibit individuals subject to certain court orders—those issued after notice and an opportunity to participate, preventing firearm possession, and including a finding of danger—from possessing or receiving firearms. It also mandates that federal, Tribal, and State courts and agencies acquire, collect, and preserve records of these extreme risk protection orders and ensure they are reflected in the National Instant Criminal Background Check System (NICS). Furthermore, the bill requires that ERPOs issued under compliant State or Tribal laws be accorded full faith and credit by courts in other States or Indian Tribes, ensuring their enforceability nationwide.