What This Bill Does
This bill establishes a federal grant program to help states, tribes, and local governments create and strengthen "extreme risk protection order" laws. An extreme risk protection order is a court order that prevents someone a judge believes poses a danger to themselves or others from owning or possessing firearms. The bill also makes it a federal crime to possess firearms while subject to such a court order.
##
Who It Affects
• States and American Indian tribes that pass qualifying extreme risk protection order laws
• Local governments and community organizations within those states and tribes
• Law enforcement agencies that will enforce these orders
• Judges and court staff who will issue and manage these orders
• People subject to extreme risk protection orders (the individuals named in the orders)
• The general public concerned with firearm safety
##
Key Provisions
• The Attorney General must establish a grant program to give money to states, tribes, and local governments that pass extreme risk protection order legislation meeting federal standards. Grant recipients must spend between 25 and 70 percent of funds training law enforcement officers on how to use these orders properly. (Sec. 2(b))
• Eligible legislation must allow courts to issue orders after a hearing where the person named in the petition gets notice and a chance to be heard, and the judge finds by a "preponderance of the evidence" (meaning more likely than not) that the person poses a danger of harm to themselves or others with a firearm. (Sec. 2(c)(1)(C))
• States and tribes must be able to issue "ex parte" orders (temporary orders issued without the person being present) if a judge finds "probable cause" (reasonable grounds to believe) the person poses a danger. These temporary orders last only until a full hearing happens. (Sec. 2(c)(1)(D))
• When a state or tribal court issues an extreme risk protection order, it must notify the Attorney General or the comparable state or tribal agency as soon as practicable, and that information must be added to the National Instant Criminal Background Check System. (Sec. 2(c)(1)(F))
• Federal law now prohibits anyone subject to a court order that prevents them from possessing firearms and includes a finding that they pose a danger of harm to themselves or others from having firearms. (Sec. 3)
• Grant recipients must train law enforcement officers on recognizing and addressing bias based on race, ethnicity, gender, sexual orientation, gender identity, religion, language ability, mental health condition, disability, and class in how extreme risk protection orders are used. (Sec. 2(b)(4)(A)(i))
• Grant recipients must report annually to the Attorney General on how many extreme risk protection order petitions were filed, issued, and denied, broken down by jurisdiction, who asked for the order, and what danger was alleged. (Sec. 2(c)(3))
##
What Changes
If this bill becomes law, states and tribes that pass qualifying extreme risk protection order laws can apply for federal grant money to help them implement these laws. Law enforcement officers will receive federal funding for training on how to properly use extreme risk protection orders, including how to avoid bias. Courts will have tools to temporarily remove firearms from people a judge believes are dangerous. Federal criminal law will prohibit anyone subject to a qualifying court extreme risk protection order from possessing firearms. Extreme risk protection orders issued in one state or tribal jurisdiction must be recognized and enforced in other states and tribal jurisdictions.
##
Important Definitions
• **Extreme risk protection order**: A written court order whose main purpose is to reduce the risk of firearm-related death or injury by preventing someone from owning, purchasing, possessing, or receiving firearms, or by having firearms removed from them.
• **Firearm**: Not defined in this bill. The bill refers to the existing definition in federal firearms law.
• **Indian Tribe**: Has the meaning given in the Omnibus Crime Control and Safe Streets Act of 1968.
• **Law enforcement officer**: A public worker authorized by federal, state, local, or tribal law to prevent, detect, investigate, or prosecute crimes, or to supervise sentenced offenders.
• **Petitioner**: An individual authorized under state or tribal law to ask a court for an extreme risk protection order.
• **Respondent**: The individual named in a petition for or subject to an extreme risk protection order.
##
Effective Date
180 days after the date this bill becomes law.
II
118TH CONGRESS
1ST SESSION
S. 247
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
FEBRUARY 2, 2023
Mrs. FEINSTEIN (for herself, Mr. BLUMENTHAL, Mr. KAINE, Mr. MARKEY,
Ms. WARREN, Mr. BROWN, Mr. PADILLA, Ms. SMITH, Mr. CASEY, Mr.
WHITEHOUSE, Mr. DURBIN, Mr. CARDIN, Mr. BOOKER, Mr. MERKLEY,
Mrs. MURRAY, Mr. WYDEN, and Ms. KLOBUCHAR) introduced the fol-
lowing 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 2023’’.
5
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•S 247 IS
SEC. 2. EXTREME RISK PROTECTION ORDER GRANT PRO-
1
GRAM.
2
(a) DEFINITIONS.—In this section:
3
(1) ELIGIBLE 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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•S 247 IS
(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) EXTREME 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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•S 247 IS
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) FIREARM.—The term ‘‘firearm’’ has the
10
meaning given the term in section 921 of title 18,
11
United States Code.
12
(4) INDIAN 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) LAW 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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•S 247 IS
(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) RESPONDENT.—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) STATE.—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) UNIT 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) GRANT PROGRAM ESTABLISHED.—
21
(1) IN 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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•S 247 IS
assist in carrying out the provisions of the legisla-
1
tion described in subsection (c).
2
(2) USE
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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•S 247 IS
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) APPLICATION.—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) TRAINING.—
17
(A) IN 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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•S 247 IS
(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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•S 247 IS
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) CONSULTATION
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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•S 247 IS
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
1
There are authorized to be appropriated such sums
2
as are necessary to carry out this subsection.
3
(c) ELIGIBILITY FOR EXTREME RISK PROTECTION
4
ORDER GRANT PROGRAM.—
5
(1) REQUIREMENTS.—Legislation described in
6
this subsection is legislation that establishes require-
7
ments that are substantially similar to the following:
8
(A) PETITION
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) NOTICE 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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•S 247 IS
(C) ISSUANCE OF EXTREME RISK PROTEC-
1
TION ORDERS.—
2
(i) HEARING.—
3
(I) IN 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)
DETERMINATION.—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) DURATION
OF
EXTREME
RISK
22
PROTECTION
ORDER.—An extreme risk
23
protection order shall be in effect—
24
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•S 247 IS
(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) EX
PARTE
EXTREME
RISK
PROTEC-
5
TION ORDERS.—
6
(i) IN 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) DURATION
OF
EX
PARTE
EX-
24
TREME RISK PROTECTION ORDER.—An ex
25
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•S 247 IS
parte extreme risk protection order shall
1
remain in effect only until the hearing re-
2
quired under subparagraph (C)(i).
3
(E) STORAGE OF REMOVED FIREARMS.—
4
(i) AVAILABILITY 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) CONSENT
REQUIRED
FOR
DIS-
13
POSAL
OR
DESTRUCTION.—Firearms
14
owned by a named individual may not
[Text truncated for display. Full text available on Congress.gov.]