This bill creates a federal process for "extreme risk protection orders" (ERPOs). A U.S. district court can issue short ex parte orders (up to 14 days) and longer orders (up to 180 days) that bar a named person from buying, possessing, or receiving firearms or ammunition. Family or household members or law enforcement may petition a court. Ex parte orders require a sworn affidavit and a probable cause finding of imminent risk. Long-term orders require a hearing, notice, and clear and convincing evidence that the person poses a risk and that the order is necessary. Courts must order respondents to surrender firearms, ammunition, and permits to the U.S. Marshals Service or a designated law enforcement officer. The bill sets rules for service, receipts, storage, return of items after an order ends, and seizure/forfeiture for violations.
The bill adds being subject to an ERPO to the federal list of people barred from possessing firearms. It requires courts to report ERPO actions to the Attorney General, mental health agencies, and state and local law enforcement, and to update background-check databases. The Administrative Office of the U.S. Courts must draft a model policy, and the Director must submit annual reports with detailed breakdowns of petitions, orders, demographics, and removals. Federal law enforcement officers must receive training on safe, equitable ERPO use. The bill creates a grant program (through COPS) to fund states, tribes, and local entities that enact similar ERPO laws, including requirements for training and technical assistance. The bill also requires full faith and credit for qualifying state and tribal ERPOs and sets an effective date of 180 days after enactment.
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