Summary
# Extreme Risk Protection Order Expansion Act of 2023 (H.R. 768)
## WHAT THIS BILL DOES
This bill creates a grant program run by the Attorney General to help states, tribes, and local governments set up systems to remove guns from people a court finds are a danger to themselves or others. The bill gives money to states and tribes that pass laws allowing judges to issue extreme risk protection orders (court orders that remove firearm access from dangerous individuals).
## WHO IT AFFECTS
- State governments and Indian tribes that create extreme risk protection order laws
- Local governments and public or private organizations in states or tribal territories with these laws
- Law enforcement officers who enforce extreme risk protection orders
- Judges and court personnel who issue these orders
- People named in extreme risk protection order petitions
- The Attorney General and federal law enforcement agencies
## KEY PROVISIONS
- The Attorney General establishes a grant program to fund states, tribes, and local governments that pass extreme risk protection order legislation (Sec. 2(b)(1))
- Grant recipients must spend between 25 percent and 70 percent of funding to develop and deliver training to law enforcement officers on safe, fair use of extreme risk protection orders, including training on recognizing bias based on race, ethnicity, gender, religion, disability, and other factors (Sec. 2(a)(1) and Sec. 2(b)(4))
- A court can issue an extreme risk protection order if it finds by a preponderance of the evidence (meaning more likely than not) that a person poses a danger of harm to themselves or others by having access to firearms (Sec. 2(c)(1)(C))
- A court can issue an emergency extreme risk protection order without the person being present if the court finds probable cause that the person is dangerous, but this temporary order only lasts until a full hearing occurs (Sec. 2(c)(1)(D))
- Firearms removed under an extreme risk protection order can only be returned when the person regains legal eligibility to own guns, and cannot be destroyed without the person's consent (Sec. 2(c)(1)(E))
- Extreme risk protection orders issued by one state or tribe must be recognized and enforced by courts and law enforcement in other states or tribes (Sec. 6(b))
- A person subject to a court order finding them dangerous and prohibiting firearm possession becomes federally prohibited from owning guns (Sec. 3)
## WHAT CHANGES
If this becomes law, states and tribes with extreme risk protection order laws can receive federal grant money to improve how these orders are issued and enforced. Law enforcement officers will receive training on fairly applying these orders. Courts must notify the Attorney General when they issue an extreme risk protection order so it appears in the National Instant Criminal Background Check System (the system used to check if someone can legally buy a gun). People subject to court-ordered extreme risk protection orders will be added to federal firearms prohibition databases. Extreme risk protection orders issued in one state or tribe will be legally recognized and enforced in other states or tribes.
## IMPORTANT DEFINITIONS
- **Extreme risk protection order**: A written court order aimed at reducing firearm death or injury by prohibiting someone from owning or possessing firearms, or by removing firearms from someone's control (Sec. 2(a)(2))
- **Petitioner**: An individual authorized under state or tribal law to file a petition for an extreme risk protection order (Sec. 2(a)(6))
- **Respondent**: The person named in the petition for an extreme risk protection order or subject to the order (Sec. 2(a)(7))
- **Law enforcement officer**: A public servant authorized by federal, state, local, or tribal law to prevent, detect, investigate, or prosecute crimes, or to supervise criminal offenders (Sec. 2(a)(5))
- **Eligible entity**: A state or Indian tribe that passes the required legislation and certifies it will use grant money properly, or a local government in a state or tribe with this legislation (Sec. 2(a)(1))
## EFFECTIVE DATE
This law takes effect 180 days after it is signed into law (Sec. 8).
I
118TH CONGRESS
1ST SESSION
H. R. 768
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 HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mr. CARBAJAL (for himself, Mr. BEYER, and Ms. BROWNLEY) introduced the
following bill; which was 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
SEC. 2. EXTREME RISK PROTECTION ORDER GRANT PRO-
6
GRAM.
7
(a) DEFINITIONS.—In this section:
8
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•HR 768 IH
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
1
ty’’ means—
2
(A) a State or Indian Tribe—
3
(i) that enacts legislation described in
4
subsection (c);
5
(ii) with respect to which the Attorney
6
General determines that the legislation de-
7
scribed in clause (i) complies with the re-
8
quirements under subsection (c)(1); and
9
(iii) that certifies to the Attorney
10
General that the State or Indian Tribe
11
will, with respect to a grant received under
12
subsection (b)—
13
(I) use the grant for the purposes
14
described in subsection (b)(2); and
15
(II) allocate not less than 25 per-
16
cent and not more than 70 percent of
17
the amount received under the grant
18
for the development and dissemination
19
of training for law enforcement offi-
20
cers in accordance with subsection
21
(b)(4); or
22
(B) a unit of local government or other
23
public or private entity that—
24
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•HR 768 IH
(i) is located in a State or in the terri-
1
tory under the jurisdiction of an Indian
2
Tribe that meets the requirements de-
3
scribed in clauses (i) and (ii) of subpara-
4
graph (A); and
5
(ii) certifies to the Attorney General
6
that the unit of local government or entity
7
will, with respect to a grant received under
8
subsection (b)—
9
(I) use the grant for the purposes
10
described in subsection (b)(2); and
11
(II) allocate not less than 25 per-
12
cent and not more than 70 percent of
13
the amount received under the grant
14
for the development and dissemination
15
of training for law enforcement offi-
16
cers in accordance with subsection
17
(b)(4).
18
(2) EXTREME RISK PROTECTION ORDER.—The
19
term ‘‘extreme risk protection order’’ means a writ-
20
ten order or warrant, issued by a State or Tribal
21
court or signed by a magistrate (or other com-
22
parable judicial officer), the primary purpose of
23
which is to reduce the risk of firearm-related death
24
or injury by doing 1 or more of the following:
25
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•HR 768 IH
(A) Prohibiting a named individual from
1
having under the custody or control of the indi-
2
vidual, owning, purchasing, possessing, or re-
3
ceiving a firearm.
4
(B) Having a firearm removed or requiring
5
the surrender of firearms from a named indi-
6
vidual.
7
(3) FIREARM.—The term ‘‘firearm’’ has the
8
meaning given the term in section 921 of title 18,
9
United States Code.
10
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
11
has the meaning given the term ‘‘Indian tribe’’ in
12
section 1709 of title I of the Omnibus Crime Control
13
and Safe Streets Act of 1968 (34 U.S.C. 10389).
14
(5) LAW ENFORCEMENT OFFICER.—The term
15
‘‘law enforcement officer’’ means a public servant
16
authorized by Federal, State, local, or Tribal law or
17
by an agency of the Federal Government or of a
18
State, local, or Tribal government to—
19
(A) engage in or supervise the prevention,
20
detection, investigation, or prosecution of an of-
21
fense; or
22
(B) supervise sentenced criminal offenders.
23
(6)
PETITIONER.—The
term
‘‘petitioner’’
24
means an individual authorized under State or Trib-
25
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•HR 768 IH
al law to petition for an extreme risk protection
1
order.
2
(7) RESPONDENT.—The term ‘‘respondent’’
3
means an individual named in the petition for an ex-
4
treme risk protection order or subject to an extreme
5
risk protection order.
6
(8) STATE.—The term ‘‘State’’ means—
7
(A) a State;
8
(B) the District of Columbia;
9
(C) the Commonwealth of Puerto Rico;
10
and
11
(D) any other territory or possession of the
12
United States.
13
(9) UNIT OF LOCAL GOVERNMENT.—The term
14
‘‘unit of local government’’ has the meaning given
15
the term in section 901 of title I of the Omnibus
16
Crime Control and Safe Streets Act of 1968 (34
17
U.S.C. 10251).
18
(b) GRANT PROGRAM ESTABLISHED.—
19
(1) IN GENERAL.—The Attorney General shall
20
establish a program under which, from amounts
21
made available to carry out this section, the Attor-
22
ney General may make grants to eligible entities to
23
assist in carrying out the provisions of the legisla-
24
tion described in subsection (c).
25
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•HR 768 IH
(2) USE
OF
FUNDS.—Funds awarded under
1
this subsection may be used by an applicant to—
2
(A) enhance the capacity of law enforce-
3
ment agencies and the courts of a State, unit
4
of local government, or Indian Tribe by pro-
5
viding personnel, training, technical assistance,
6
data collection, and other resources to carry out
7
enacted legislation described in subsection (c);
8
(B) train judges, court personnel, health
9
care and legal professionals, and law enforce-
10
ment officers to more accurately identify indi-
11
viduals whose access to firearms poses a danger
12
of causing harm to themselves or others by in-
13
creasing the risk of firearms suicide or inter-
14
personal violence;
15
(C) develop and implement law enforce-
16
ment and court protocols, forms, and orders so
17
that law enforcement agencies and the courts
18
may carry out the provisions of the enacted leg-
19
islation described in subsection (c) in a safe, eq-
20
uitable, and effective manner, including through
21
the removal and storage of firearms pursuant to
22
extreme risk protection orders under the en-
23
acted legislation; and
24
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•HR 768 IH
(D) raise public awareness and under-
1
standing of the enacted legislation described in
2
subsection (c), including through subgrants to
3
community-based organizations for the training
4
of community members, so that extreme risk
5
protection orders may be issued in appropriate
6
situations to reduce the risk of firearms-related
7
death and injury.
8
(3) APPLICATION.—An eligible entity desiring a
9
grant under this subsection shall submit to the At-
10
torney General an application at such time, in such
11
manner, and containing or accompanied by such in-
12
formation as the Attorney General may reasonably
13
require.
14
(4) TRAINING.—
15
(A) IN GENERAL.—A recipient of a grant
16
under this subsection shall provide training to
17
law enforcement officers, including officers of
18
relevant Federal, State, local, and Tribal law
19
enforcement agencies, in the safe, impartial, ef-
20
fective, and equitable use and administration of
21
extreme risk protection orders, including train-
22
ing to address—
23
(i) bias based on race and racism, eth-
24
nicity, gender, sexual orientation, gender
25
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•HR 768 IH
identity, religion, language proficiency,
1
mental health condition, disability, and
2
classism in the use and administration of
3
extreme risk protection orders;
4
(ii) the appropriate use of extreme
5
risk protection orders in cases of domestic
6
violence, including the applicability of other
7
policies and protocols to address domestic
8
violence in situations that may also involve
9
extreme risk protection orders and the ne-
10
cessity of safety planning with the victim
11
before a law enforcement officer petitions
12
for and executes an extreme risk protection
13
order, if applicable;
14
(iii) interacting with persons with a
15
mental illness or emotional distress, includ-
16
ing de-escalation and crisis intervention;
17
and
18
(iv) best practices for referring per-
19
sons subject to extreme risk protection or-
20
ders and associated victims of violence to
21
social service providers that may be avail-
22
able in the jurisdiction and appropriate for
23
those individuals, including health care,
24
mental health, substance abuse, and legal
25
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•HR 768 IH
services, employment and vocational serv-
1
ices, housing assistance, case management,
2
and veterans and disability benefits.
3
(B) CONSULTATION
WITH
EXPERTS.—A
4
recipient of a grant under this subsection, in
5
developing law enforcement training required
6
under subparagraph (A), shall seek advice from
7
domestic violence service providers (including
8
culturally specific (as defined in section 40002
9
of the Violence Against Women Act of 1994 (34
10
U.S.C. 12291)) organizations), social service
11
providers, suicide prevention advocates, violence
12
intervention specialists, law enforcement agen-
13
cies, mental health disability experts, and other
14
community groups working to reduce suicides
15
and violence, including domestic violence, within
16
the State or the territory under the jurisdiction
17
of the Indian Tribe, as applicable, that enacted
18
the legislation described in subsection (c) that
19
enabled the grant recipient to be an eligible en-
20
tity.
21
(5) AUTHORIZATION
OF
APPROPRIATIONS.—
22
There are authorized to be appropriated such sums
23
as are necessary to carry out this subsection.
24
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•HR 768 IH
(c) ELIGIBILITY FOR EXTREME RISK PROTECTION
1
ORDER GRANT PROGRAM.—
2
(1) REQUIREMENTS.—Legislation described in
3
this subsection is legislation that establishes require-
4
ments that are substantially similar to the following:
5
(A) PETITION
FOR
EXTREME
RISK
PRO-
6
TECTION ORDER.—A petitioner, including a law
7
enforcement officer, may submit a petition to a
8
State or Tribal court, on a form designed by
9
the court or a State or Tribal agency, that—
10
(i) describes the facts and cir-
11
cumstances justifying that an extreme risk
12
protection order be issued against the
13
named individual; and
14
(ii) is signed by the applicant, under
15
oath.
16
(B) NOTICE AND DUE PROCESS.—The in-
17
dividual named in a petition for an extreme risk
18
protection order as described in subparagraph
19
(A) shall be given written notice of the petition
20
and an opportunity to be heard on the matter
21
in accordance with this paragraph.
22
(C) ISSUANCE OF EXTREME RISK PROTEC-
23
TION ORDERS.—
24
(i) HEARING.—
25
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•HR 768 IH
(I) IN GENERAL.—Upon receipt
1
of a petition described in subpara-
2
graph (A) or request of an individual
3
named in such a petition, the court
4
shall order a hearing to be held within
5
a reasonable time, and not later than
6
30 days after the date of the petition
7
or request.
8
(II)
DETERMINATION.—If
the
9
court finds at the hearing ordered
10
under subclause (I), by a preponder-
11
ance of the evidence or according to a
12
higher evidentiary standard estab-
13
lished by the State or Indian Tribe,
14
that the respondent poses a danger of
15
causing harm to self or others by hav-
16
ing access to a firearm, the court may
17
issue an extreme risk protection order.
18
(ii) DURATION
OF
EXTREME
RISK
19
PROTECTION
ORDER.—An extreme risk
20
protection order shall be in effect—
21
(I) until an order terminating or
22
superseding the extreme risk protec-
23
tion order is issued; or
24
(II) for a set period of time.
25
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•HR 768 IH
(D) EX
PARTE
EXTREME
RISK
PROTEC-
1
TION ORDERS.—
2
(i) IN GENERAL.—Upon receipt of a
3
petition described in subparagraph (A), the
4
court may issue an ex parte extreme risk
5
protection order, if—
6
(I) the petition for an extreme
7
risk protection order alleges that the
8
respondent poses a danger of causing
9
harm to self or others by having ac-
10
cess to a firearm; and
11
(II) the court finds there is prob-
12
able cause to believe, or makes a find-
13
ing according to a higher evidentiary
14
standard established by the State or
15
Indian Tribe, that the respondent
16
poses a danger of causing harm to self
17
or others by having access to a fire-
18
arm.
19
(ii) DURATION
OF
EX
PARTE
EX-
20
TREME RISK PROTECTION ORDER.—An ex
21
parte extreme risk protection order shall
22
remain in effect only until the hearing re-
23
quired under subparagraph (C)(i).
24
(E) STORAGE OF REMOVED FIREARMS.—
25
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•HR 768 IH
(i) AVAILABILITY FOR RETURN.—All
1
firearms removed or surrendered pursuant
2
to an extreme risk protection order shall
3
only be available for return to the named
4
individual when the individual has regained
5
eligibility under Federal and State law
6
and, where applicable, Tribal law to pos-
7
sess firearms.
8
(ii) CONSENT
REQUIRED
FOR
DIS-
9
POSAL
OR
DESTRUCTION.—Firearms
10
owned by a named individual may not be
11
disposed of or destroyed during the period
12
of the extreme risk protection order with-
13
out the consent of the named individual.
14
(F) NOTIFICATION.—
15
(i) IN GENERAL.—
16
[Text truncated for display. Full text available on Congress.gov.]