Federal Extreme Risk Protection Order Act of 2022

117TH CONGRESS 2D SESSION H. R. 2377 AN ACT To authorize the issuance of extreme risk protection orders. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 2 •HR 2377 EH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Federal Extreme Risk 2 Protection Order Act of 2022’’. 3 SEC. 2. FEDERAL EXTREME RISK PROTECTION ORDERS. 4 (a) IN GENERAL.—Chapter 44 of title 18, United 5 States Code, is amended by adding at the end the fol- 6 lowing: 7 ‘‘§ 932. Extreme risk protection orders 8 ‘‘(a) DEFINITIONS.—In this section— 9 ‘‘(1) the term ‘court’ means a district court of 10 the United States; 11 ‘‘(2) the term ‘designated law enforcement offi- 12 cer’ means a law enforcement officer, designated by 13 a United States marshal, who agrees to receive fire- 14 arms, ammunition, and permits, as applicable, sur- 15 rendered under subsection (f); 16 ‘‘(3) the term ‘Director’ means the Director of 17 the Administrative Office of the United States 18 Courts; 19 ‘‘(4) the term ‘ex parte Federal extreme risk 20 protection order’ or ‘ex parte Federal order’ means 21 a Federal extreme risk protection order issued under 22 subsection (c); 23 ‘‘(5) the term ‘Federal extreme risk protection 24 order’ means an order issued by a Federal court 25 that enjoins an individual from purchasing, pos- 26 3 •HR 2377 EH sessing, or receiving, in or affecting interstate and 1 foreign commerce, a firearm or ammunition; 2 ‘‘(6) the term ‘family or household member’, 3 with respect to a Federal order respondent, means 4 any— 5 ‘‘(A) parent, spouse, sibling, or child re- 6 lated by blood, marriage, or adoption to the re- 7 spondent; 8 ‘‘(B) dating partner of the respondent; 9 ‘‘(C) individual who has a child in common 10 with the respondent, regardless of whether the 11 individual has— 12 ‘‘(i) been married to the respondent; 13 or 14 ‘‘(ii) lived together with the respond- 15 ent at any time; 16 ‘‘(D) individual who resides or has resided 17 with the respondent during the past year; 18 ‘‘(E) domestic partner of the respondent; 19 ‘‘(F) individual who has a legal parent- 20 child relationship with the respondent, including 21 a stepparent-stepchild and grandparent-grand- 22 child relationship; and 23 ‘‘(G) individual who is acting or has acted 24 as the legal guardian of the respondent; 25 4 •HR 2377 EH ‘‘(7) the term ‘Federal order petitioner’ means 1 an individual authorized to petition for an ex parte 2 or long-term Federal extreme risk protection order 3 under subsection (b)(1); 4 ‘‘(8) the term ‘Federal order respondent’ means 5 an individual named in the petition for an ex parte 6 or long-term Federal extreme risk protection order 7 or subject to an ex parte or long-term Federal ex- 8 treme risk protection order; 9 ‘‘(9) the term ‘long-term Federal extreme risk 10 protection order’ or ‘long-term Federal order’ means 11 a Federal extreme risk protection order issued under 12 subsection (d); 13 ‘‘(10) the term ‘mental health agency’ means 14 an agency of a State, Tribal, or local government or 15 its contracted agency that is responsible for mental 16 health services or co-occurring mental health and 17 substance abuse services; and 18 ‘‘(11) the term ‘national instant criminal back- 19 ground check system’ means the national instant 20 criminal background check system established under 21 section 103 of the Brady Handgun Violence Preven- 22 tion Act (34 U.S.C. 40901). 23 ‘‘(b) PETITION.— 24 5 •HR 2377 EH ‘‘(1) IN GENERAL.—A family or household 1 member of the applicable individual, or a law en- 2 forcement officer, may submit to an appropriate dis- 3 trict court of the United States a petition requesting 4 that the court issue an ex parte Federal extreme 5 risk protection order or long-term Federal extreme 6 risk protection order with respect to an individual. 7 ‘‘(2) NO FEES.—A court or law enforcement 8 agency may not charge a petitioner or respondent 9 any fee for— 10 ‘‘(A) filing, issuing, serving, or reporting 11 an extreme risk protection order; 12 ‘‘(B) a petition for an extreme risk protec- 13 tion order or any pleading, subpoena, warrant, 14 or motion in connection with an extreme risk 15 protection order; or 16 ‘‘(C) any order or order to show cause nec- 17 essary to obtain or give effect to this section. 18 ‘‘(3) CONFIDENTIALITY.—A Federal order peti- 19 tioner who is a law enforcement officer may provide 20 the identity of the petitioner’s sources, and any iden- 21 tifying information, to the court under seal. 22 ‘‘(c) EX PARTE ORDERS.— 23 ‘‘(1) TIMING.— 24 6 •HR 2377 EH ‘‘(A) IN GENERAL.—Except as provided in 1 subparagraph (B), a court that receives a peti- 2 tion for an ex parte Federal order under sub- 3 section (b) shall grant or deny the petition on 4 the date on which the petition is submitted. 5 ‘‘(B) LATE PETITIONS.—If a court receives 6 a petition for an ex parte Federal order sub- 7 mitted under subsection (b) too late in the day 8 to permit effective review, the court shall grant 9 or deny the petition on the next day of judicial 10 business at a time early enough to permit the 11 court to file an order with the clerk of the court 12 during that day. 13 ‘‘(2) EVIDENCE REQUIRED.—Before issuing an 14 ex parte Federal order, a court shall require that the 15 petitioner for such order submit a signed affidavit, 16 sworn to before the court, that— 17 ‘‘(A) explains why such petitioner believes 18 that the Federal order respondent poses a risk 19 of imminent personal injury to self or another 20 individual, by purchasing, possessing, or receiv- 21 ing a firearm or ammunition; and 22 ‘‘(B) describes the interactions and con- 23 versations of the petitioner with— 24 ‘‘(i) the respondent; or 25 7 •HR 2377 EH ‘‘(ii) another individual, if such peti- 1 tioner believes that information obtained 2 from that individual is credible and reli- 3 able. 4 ‘‘(3) STANDARD FOR ISSUANCE OF ORDER.—A 5 court may issue an ex parte Federal order only upon 6 a finding of probable cause to believe that— 7 ‘‘(A) the Federal order respondent poses a 8 risk of imminent personal injury to self or an- 9 other individual, by purchasing, possessing, or 10 receiving a firearm or ammunition; and 11 ‘‘(B) the order is necessary to prevent the 12 injury described in subparagraph (A). 13 ‘‘(4) DURATION.—An ex parte Federal order 14 shall expire on the earlier of— 15 ‘‘(A) the date that is 14 days after the 16 date of issuance; or 17 ‘‘(B) the date on which the court deter- 18 mines whether to issue a long-term Federal 19 order with respect to the respondent. 20 ‘‘(d) LONG-TERM FEDERAL ORDERS.— 21 ‘‘(1) HEARING REQUIRED.—If a court receives 22 a petition for a long-term Federal extreme risk pro- 23 tection order for a respondent under subsection (b), 24 the court shall hold a hearing to determine whether 25 8 •HR 2377 EH to issue a long-term Federal order with respect to 1 the respondent either— 2 ‘‘(A)(i) if the court issues an ex parte 3 order with respect to the respondent, not later 4 than 72 hours after the ex parte order is served 5 on the respondent; or 6 ‘‘(ii) if the respondent waives the right to 7 a hearing within the 72-hour period under 8 clause (i), or the court does not issue an ex 9 parte order, within 14 days after the date on 10 which the court receives the petition; or 11 ‘‘(B) in no event later than 14 days after 12 the date on which the court receives the peti- 13 tion. 14 ‘‘(2) NOTICE AND OPPORTUNITY TO BE 15 HEARD.— 16 ‘‘(A) IN GENERAL.—The court shall pro- 17 vide the Federal order respondent with notice 18 and the opportunity to be heard at a hearing 19 under this subsection, sufficient to protect the 20 due process rights of the respondent. 21 ‘‘(B) RIGHT TO COUNSEL.— 22 ‘‘(i) IN GENERAL.—At a hearing 23 under this subsection, the Federal order 24 9 •HR 2377 EH respondent may be represented by counsel 1 who is— 2 ‘‘(I) chosen by the respondent; 3 and 4 ‘‘(II) authorized to practice at 5 such a hearing. 6 ‘‘(ii) COURT-PROVIDED COUNSEL.—If 7 the Federal order respondent is financially 8 unable to obtain representation by counsel, 9 the court, at the request of the respondent, 10 shall ensure, to the extent practicable, that 11 the respondent is represented by an attor- 12 ney with respect to the petition. 13 ‘‘(3) BURDEN OF PROOF; STANDARD.—At a 14 hearing under this subsection, the Federal order pe- 15 titioner— 16 ‘‘(A) shall have the burden of proving all 17 material facts; and 18 ‘‘(B) shall be required to demonstrate, by 19 clear and convincing evidence, that— 20 ‘‘(i) the respondent to such order 21 poses a risk of personal injury to self or 22 another individual, during the period to be 23 covered by the proposed Federal extreme 24 risk protection order, by purchasing, pos- 25 10 •HR 2377 EH sessing, or receiving a firearm or ammuni- 1 tion; and 2 ‘‘(ii) the order is necessary to prevent 3 the injury described in clause (i). 4 ‘‘(4) ISSUANCE.—Upon a showing of clear and 5 convincing evidence under paragraph (3), the court 6 shall issue a long-term Federal order with respect to 7 the respondent that shall be in effect for a period of 8 not more than 180 days. 9 ‘‘(5) DENIAL.—If the court finds that there is 10 not clear and convincing evidence to support the 11 issuance of a long-term Federal order, the court 12 shall dissolve any ex parte Federal order then in ef- 13 fect with respect to the respondent. 14 ‘‘(6) RENEWAL.— 15 ‘‘(A) NOTICE OF SCHEDULED EXPIRA- 16 TION.—Thirty days before the date on which a 17 long-term Federal order is scheduled to expire, 18 the court that issued the order shall— 19 ‘‘(i) notify the petitioner and the re- 20 spondent to such order that the order is 21 scheduled to expire; and 22 ‘‘(ii) advise the petitioner and the re- 23 spondent of the procedures for seeking a 24 renewal of the order under this paragraph. 25 11 •HR 2377 EH ‘‘(B) PETITION.—If a family or household 1 member of the Federal order respondent, or a 2 law enforcement officer, believes that the condi- 3 tions under paragraph (3)(B) continue to apply 4 with respect to a respondent who is subject to 5 a long-term Federal order, the family or house- 6 hold member or law enforcement officer may 7 submit to the court that issued the order a peti- 8 tion for a renewal of the order. 9 ‘‘(C) HEARING.—A court that receives a 10 petition submitted under subparagraph (B) 11 shall hold a hearing to determine whether to 12 issue a renewed long-term Federal order with 13 respect to the respondent. 14 ‘‘(D) APPLICABLE PROCEDURES.—The re- 15 quirements under paragraphs (2) through (5) 16 shall apply to the consideration of a petition for 17 a renewed long-term Federal order submitted 18 under subparagraph (B) of this paragraph. 19 ‘‘(E) ISSUANCE.—Upon a showing by clear 20 and convincing evidence that the conditions 21 under paragraph (3)(B) continue to apply with 22 respect to the respondent, the court shall issue 23 a renewed long-term Federal order with respect 24 to the respondent. 25 12 •HR 2377 EH ‘‘(e) FACTORS TO CONSIDER.—In determining 1 whether to issue a Federal extreme risk protection order, 2 a court— 3 ‘‘(1) shall consider factors including— 4 ‘‘(A) a recent threat or act of violence by 5 the respondent directed toward another indi- 6 vidual; 7 ‘‘(B) a recent threat or act of violence by 8 the respondent directed toward self; 9 ‘‘(C) a recent act of cruelty to an animal 10 by the respondent; and 11 ‘‘(D) evidence of ongoing abuse of a con- 12 trolled substance or alcohol by the respondent 13 that has led to a threat or act of violence di- 14 rected to self or another individual; and 15 ‘‘(2) may consider other factors, including— 16 ‘‘(A) the reckless use, display, or bran- 17 dishing of a firearm by the respondent; 18 ‘‘(B) a history of violence or attempted vio- 19 lence by the respondent against another indi- 20 vidual; and 21 ‘‘(C) evidence of an explicit or implicit 22 threat made by the person through any medium 23 that demonstrate that the person poses a risk 24 of personal injury to self or another individual. 25 13 •HR 2377 EH ‘‘(f) RELINQUISHMENT OF FIREARMS AND AMMUNI- 1 TION.— 2 ‘‘(1) ORDER OF SURRENDER.—Upon issuance 3 of an ex parte Federal order or long-term Federal 4 order, the court shall order the respondent to such 5 order to surrender all firearms and ammunition that 6 the respondent possesses or owns, in or affecting 7 interstate commerce, as well as any permit author- 8 izing the respondent to purchase or possess firearms 9 (including a concealed carry permit), to— 10 ‘‘(A) the United States Marshals Service; 11 or 12 ‘‘(B) a designated law enforcement officer. 13 ‘‘(2) SURRENDER AND REMOVAL.— 14 ‘‘(A) MANNER OF SERVICE.— 15 ‘‘(i) PERSONAL SERVICE.—Except as 16 provided in clause (ii), a United States 17 marshal or designated law enforcement of- 18 ficer shall serve a Federal extreme risk 19 protection order on a respondent by hand- 20 ing the order to the respondent to such 21 order. 22 ‘‘(ii) ALTERNATIVE SERVICE.—If the 23 respondent cannot reasonably be located 24 for service as described in clause (i), a 25 14 •HR 2377 EH Federal extreme risk protection order may 1 be served on the respondent in any manner 2 authorized under the Federal Rules of 3 Civil Procedure. 4 ‘‘(B) REMOVAL.—Except as provided in 5 subparagraph (C), a United States marshal or 6 designated law enforcement officer serving a 7 Federal extreme risk protection order personally 8 on the respondent shall— 9 ‘‘(i) request that all firearms and am- 10 munition, in or affecting interstate com- 11 merce, as well as any permit authorizing 12 the respondent to purchase or possess fire- 13 arms (including a concealed carry permit), 14 that the respondent possesses or owns— 15 ‘‘(I) be immediately surrendered 16 to the United States marshal or des- 17 ignated law enforcement officer; or 18 ‘‘(II) at the option of the re- 19 spondent, be immediately surrendered 20 and sold to a federally licensed fire- 21 arms dealer; and 22 ‘‘(ii) take possession of all firearms 23 and ammunition described in clause (i) 24 that are not sold under subclause (II) of 25 15 •HR 2377 EH that clause, as well as any permit de- 1 scribed in that clause, that are— 2 ‘‘(I) surrendered; 3 ‘‘(II) in plain sight; or 4 ‘‘(III) discovered pursuant to a 5 lawful search. 6 ‘‘(C) ALTERNATIVE SURRENDER.—If a 7 United States marshal or designated law en- 8 forcement officer is not able to personally serve 9 a Federal extreme risk protection order under 10 subparagraph (A)(i), or is not reasonably able 11 to take custody of the firearms, ammunition, 12 and permits under subparagraph (B), the re- 13 spondent shall surrender the firea [Text truncated for display. 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