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 themselves or others pursuant to court orders for this purpose. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Extreme Risk Protec5 tion Order Expansion Act of 2023’’. 

6 SEC. 2. EXTREME RISK PROTECTION ORDER GRANT PRO7 GRAM. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) a State or Indian Tribe— 

4 (i) that enacts legislation described in 

5 subsection (c); 

6 (ii) with respect to which the Attorney 

7 General determines that the legislation de8 scribed in clause (i) complies with the re9 quirements under subsection (c)(1); and 

10 (iii) that certifies to the Attorney 

11 General that the State or Indian Tribe 

12 will, with respect to a grant received under 

13 subsection (b)— 

14 (I) use the grant for the purposes 

15 described in subsection (b)(2); and 

16 (II) allocate not less than 25 per17 cent and not more than 70 percent of 

18 the amount received under the grant 

19 for the development and dissemination 

20 of training for law enforcement offi21 cers in accordance with subsection 

22 (b)(4); or 

23 (B) a unit of local government or other 

24 public or private entity that— 


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1 (i) is located in a State or in the terri2 tory under the jurisdiction of an Indian 

3 Tribe that meets the requirements de4 scribed in clauses (i) and (ii) of subpara5 graph (A); and 

6 (ii) certifies to the Attorney General 

7 that the unit of local government or entity 

8 will, with respect to a grant received under 

9 subsection (b)— 

10 (I) use the grant for the purposes 

11 described in subsection (b)(2); and 

12 (II) allocate not less than 25 per13 cent and not more than 70 percent of 

14 the amount received under the grant 

15 for the development and dissemination 

16 of training for law enforcement offi17 cers in accordance with subsection 

18 (b)(4). 

19 (2) EXTREME RISK PROTECTION ORDER.—The 

20 term ‘‘extreme risk protection order’’ means a writ21 ten order or warrant, issued by a State or Tribal 

22 court or signed by a magistrate (or other com23 parable judicial officer), the primary purpose of 

24 which is to reduce the risk of firearm-related death 

25 or injury by doing 1 or more of the following: 


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1 (A) Prohibiting a named individual from 

2 having under the custody or control of the indi3 vidual, owning, purchasing, possessing, or re4 ceiving a firearm. 

5 (B) Having a firearm removed or requiring 

6 the surrender of firearms from a named indi7 vidual. 

8 (3) FIREARM.—The term ‘‘firearm’’ has the 

9 meaning given the term in section 921 of title 18, 

10 United States Code. 

11 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

12 has the meaning given the term ‘‘Indian tribe’’ in 

13 section 1709 of title I of the Omnibus Crime Control 

14 and Safe Streets Act of 1968 (34 U.S.C. 10389). 

15 (5) LAW ENFORCEMENT OFFICER.—The term 

16 ‘‘law enforcement officer’’ means a public servant 

17 authorized by Federal, State, local, or Tribal law or 

18 by an agency of the Federal Government or of a 

19 State, local, or Tribal government to— 

20 (A) engage in or supervise the prevention, 

21 detection, investigation, or prosecution of an of22 fense; or 

23 (B) supervise sentenced criminal offenders. 

24 (6) PETITIONER.—The term ‘‘petitioner’’ 

25 means an individual authorized under State or TribVerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768

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1 al law to petition for an extreme risk protection 

2 order. 

3 (7) RESPONDENT.—The term ‘‘respondent’’ 

4 means an individual named in the petition for an ex5 treme risk protection order or subject to an extreme 

6 risk protection order. 

7 (8) STATE.—The term ‘‘State’’ means— 

8 (A) a State; 

9 (B) the District of Columbia; 

10 (C) the Commonwealth of Puerto Rico; 

11 and 

12 (D) any other territory or possession of the 

13 United States. 

14 (9) UNIT OF LOCAL GOVERNMENT.—The term 

15 ‘‘unit of local government’’ has the meaning given 

16 the term in section 901 of title I of the Omnibus 

17 Crime Control and Safe Streets Act of 1968 (34 

18 U.S.C. 10251). 

19 (b) GRANT PROGRAM ESTABLISHED.— 

20 (1) IN GENERAL.—The Attorney General shall 

21 establish a program under which, from amounts 

22 made available to carry out this section, the Attor23 ney General may make grants to eligible entities to 

24 assist in carrying out the provisions of the legisla25 tion described in subsection (c). 


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1 (2) USE OF FUNDS.—Funds awarded under 

2 this subsection may be used by an applicant to— 

3 (A) enhance the capacity of law enforce4 ment agencies and the courts of a State, unit 

5 of local government, or Indian Tribe by pro6 viding personnel, training, technical assistance, 

7 data collection, and other resources to carry out 

8 enacted legislation described in subsection (c); 

9 (B) train judges, court personnel, health 

10 care and legal professionals, and law enforce11 ment officers to more accurately identify indi12 viduals whose access to firearms poses a danger 

13 of causing harm to themselves or others by in14 creasing the risk of firearms suicide or inter15 personal violence; 

16 (C) develop and implement law enforce17 ment and court protocols, forms, and orders so 

18 that law enforcement agencies and the courts 

19 may carry out the provisions of the enacted leg20 islation described in subsection (c) in a safe, eq21 uitable, and effective manner, including through 

22 the removal and storage of firearms pursuant to 

23 extreme risk protection orders under the en24 acted legislation; and 


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1 (D) raise public awareness and under2 standing of the enacted legislation described in 

3 subsection (c), including through subgrants to 

4 community-based organizations for the training 

5 of community members, so that extreme risk 

6 protection orders may be issued in appropriate 

7 situations to reduce the risk of firearms-related 

8 death and injury. 

9 (3) APPLICATION.—An eligible entity desiring a 

10 grant under this subsection shall submit to the At11 torney General an application at such time, in such 

12 manner, and containing or accompanied by such in13 formation as the Attorney General may reasonably 

14 require. 

15 (4) TRAINING.— 

16 (A) IN GENERAL.—A recipient of a grant 

17 under this subsection shall provide training to 

18 law enforcement officers, including officers of 

19 relevant Federal, State, local, and Tribal law 

20 enforcement agencies, in the safe, impartial, ef21 fective, and equitable use and administration of 

22 extreme risk protection orders, including train23 ing to address— 

24 (i) bias based on race and racism, eth25 nicity, gender, sexual orientation, gender 


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1 identity, religion, language proficiency, 

2 mental health condition, disability, and 

3 classism in the use and administration of 

4 extreme risk protection orders; 

5 (ii) the appropriate use of extreme 

6 risk protection orders in cases of domestic 

7 violence, including the applicability of other 

8 policies and protocols to address domestic 

9 violence in situations that may also involve 

10 extreme risk protection orders and the ne11 cessity of safety planning with the victim 

12 before a law enforcement officer petitions 

13 for and executes an extreme risk protection 

14 order, if applicable; 

15 (iii) interacting with persons with a 

16 mental illness or emotional distress, includ17 ing de-escalation and crisis intervention; 

18 and 

19 (iv) best practices for referring per20 sons subject to extreme risk protection or21 ders and associated victims of violence to 

22 social service providers that may be avail23 able in the jurisdiction and appropriate for 

24 those individuals, including health care, 

25 mental health, substance abuse, and legal 


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1 services, employment and vocational serv2 ices, housing assistance, case management, 

3 and veterans and disability benefits. 

4 (B) CONSULTATION WITH EXPERTS.—A 

5 recipient of a grant under this subsection, in 

6 developing law enforcement training required 

7 under subparagraph (A), shall seek advice from 

8 domestic violence service providers (including 

9 culturally specific (as defined in section 40002 

10 of the Violence Against Women Act of 1994 (34 

11 U.S.C. 12291)) organizations), social service 

12 providers, suicide prevention advocates, violence 

13 intervention specialists, law enforcement agen14 cies, mental health disability experts, and other 

15 community groups working to reduce suicides 

16 and violence, including domestic violence, within 

17 the State or the territory under the jurisdiction 

18 of the Indian Tribe, as applicable, that enacted 

19 the legislation described in subsection (c) that 

20 enabled the grant recipient to be an eligible en21 tity. 

22 (5) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated such sums 

24 as are necessary to carry out this subsection. 


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1 (c) ELIGIBILITY FOR EXTREME RISK PROTECTION

2 ORDER GRANT PROGRAM.— 

3 (1) REQUIREMENTS.—Legislation described in 

4 this subsection is legislation that establishes require5 ments that are substantially similar to the following: 

6 (A) PETITION FOR EXTREME RISK PRO7 TECTION ORDER.—A petitioner, including a law 

8 enforcement officer, may submit a petition to a 

9 State or Tribal court, on a form designed by 

10 the court or a State or Tribal agency, that— 

11 (i) describes the facts and cir12 cumstances justifying that an extreme risk 

13 protection order be issued against the 

14 named individual; and 

15 (ii) is signed by the applicant, under 

16 oath. 

17 (B) NOTICE AND DUE PROCESS.—The in18 dividual named in a petition for an extreme risk 

19 protection order as described in subparagraph 

20 (A) shall be given written notice of the petition 

21 and an opportunity to be heard on the matter 

22 in accordance with this paragraph. 

23 (C) ISSUANCE OF EXTREME RISK PROTEC24 TION ORDERS.— 

25 (i) HEARING.— 


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1 (I) IN GENERAL.—Upon receipt 

2 of a petition described in subpara3 graph (A) or request of an individual 

4 named in such a petition, the court 

5 shall order a hearing to be held within 

6 a reasonable time, and not later than 

7 30 days after the date of the petition 

8 or request. 

9 (II) DETERMINATION.—If the 

10 court finds at the hearing ordered 

11 under subclause (I), by a preponder12 ance of the evidence or according to a 

13 higher evidentiary standard estab14 lished by the State or Indian Tribe, 

15 that the respondent poses a danger of 

16 causing harm to self or others by hav17 ing access to a firearm, the court may 

18 issue an extreme risk protection order. 

19 (ii) DURATION OF EXTREME RISK

20 PROTECTION ORDER.—An extreme risk 

21 protection order shall be in effect— 

22 (I) until an order terminating or 

23 superseding the extreme risk protec24 tion order is issued; or 

25 (II) for a set period of time. 


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1 (D) EX PARTE EXTREME RISK PROTEC2 TION ORDERS.— 

3 (i) IN GENERAL.—Upon receipt of a 

4 petition described in subparagraph (A), the 

5 court may issue an ex parte extreme risk 

6 protection order, if— 

7 (I) the petition for an extreme 

8 risk protection order alleges that the 

9 respondent poses a danger of causing 

10 harm to self or others by having ac11 cess to a firearm; and 

12 (II) the court finds there is prob13 able cause to believe, or makes a find14 ing according to a higher evidentiary 

15 standard established by the State or 

16 Indian Tribe, that the respondent 

17 poses a danger of causing harm to self 

18 or others by having access to a fire19 arm. 

20 (ii) DURATION OF EX PARTE EX21 TREME RISK PROTECTION ORDER.—An ex 

22 parte extreme risk protection order shall 

23 remain in effect only until the hearing re24 quired under subparagraph (C)(i). 

25 (E) STORAGE OF REMOVED FIREARMS.— 


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1 (i) AVAILABILITY FOR RETURN.—All 

2 firearms removed or surrendered pursuant 

3 to an extreme risk protection order shall 

4 only be available for return to the named 

5 individual when the individual has regained 

6 eligibility under Federal and State law 

7 and, where applicable, Tribal law to pos8 sess firearms. 

9 (ii) CONSENT REQUIRED FOR DIS10 POSAL OR DESTRUCTION.—Firearms 

11 owned by a named individual may not be 

12 disposed of or destroyed during the period 

13 of the extreme risk protection order with14 out the consent of the named individual. 

15 (F) NOTIFICATION.— 

16 (i) IN GENERAL.— 

17 (I) REQUIREMENT.—A State or 

18 Tribal court that issues an extreme 

19 risk protection order shall notify the 

20 Attorney General or the comparable 

21 State or Tribal agency, as applicable, 

22 of the order as soon as practicable or 

23 within a designated period of time. 

24 (II) FORM AND MANNER.—A 

25 State or Tribal court shall submit a 


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1 notification under subclause (I) in an 

2 electronic format, in a manner pre3 scribed by the Attorney General or the 

4 comparable State or Tribal agency. 

5 (ii) UPDATE OF DATABASES.—As 

6 soon as practicable or within the time pe7 riod designated by State or Tribal law 

8 after receiving a notification under clause 

9 (i), the Attorney General or the com10 parable State or Tribal agency shall ensure 

11 that the extreme risk protection order is 

12 reflected in the National Instant Criminal 

13 Background Check System. 

14 (2) ADDITIONAL PROVISIONS.—Legislation de15 scribed in this subsection may— 

16 (A) provide procedures for the termination 

17 of an extreme risk protection order; 

18 (B) provide procedures for the renewal of 

19 an extreme risk protection order; 

20 (C) establish burdens and standards of 

21 proof for issuance of orders described in para22 graph (1) that are substantially similar to or 

23 higher than the burdens and standards of proof 

24 set forth in that paragraph; 


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1 (D) limit the individuals who may submit 

2 a petition described in paragraph (1), provided 

3 that, at a minimum, 1 or more law enforcement 

4 officers are authorized to do so; and 

5 (E) include any other authorizations or re6 quirements that the State or Tribal authorities 

7 determine appropriate. 

8 (3) ANNUAL REPORT.—Not later than 1 year 

9 after the date on which an eligible entity receives a 

10 grant under subsection (b), and annually thereafter 

11 for the duration of the grant period, the entity shall 

12 submit to the Attorney General a report that in13 cludes, with respect to the preceding year— 

14 (A) the number of petitions for ex parte 

15 extreme risk protection orders filed, as well as 

16 the number of such orders issued and the num17 ber denied, disaggregated by— 

18 (i) the jurisdiction; 

19 (ii) the individual authorized under 

20 State or Tribal law to petition for an ex21 treme risk protection order, including the 

22 relationship of the individual to the re23 spondent; and 

24 (iii) the alleged danger posed by the 

25 respondent, including whether the danger 


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1 involved a risk of suicide, unintentional in2 jury, domestic violence, or other inter3 personal violence; 

4 (B) the number of petitions for extreme 

5 risk protection orders filed, as well as the num6 ber of such orders issued and the number de7 nied, disaggregated by— 

8 (i) the jurisdiction; 

9 (ii) the individual authorized under 

10 State or Tribal law to petition for an ex11 treme risk protection order, including the 

12 relationship of the individual to the re13 spondent; and 

14 (iii) the alleged danger posed by the 

15 respondent, including whether the danger 

16 involved a risk of suicide, unintentional in17 jury, domestic violence, or other inter18 personal violence; 

19 (C) the number of petitions for renewals of 

20 extreme risk protection orders filed, as well as 

21 the number of such orders issued and the num22 ber denied; 

23 (D) the number of cases in which a court 

24 imposed a penalty for false reporting or frivo25 lous petitions; 


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1 (E) demographic data of petitioners, in2 cluding race, ethnicity, national origin, sex, gen3 der, age, disability, and English language pro4 ficiency, if available; 

5 (F) demographic data of respondents, in6 cluding race, ethnicity, national origin, sex, gen7 der, age, disability, and English language pro8 ficiency, if available; and 

9 (G) the number of firearms removed, if 

10 available. 

11 SEC. 3. FEDERAL FIREARMS PROHIBITION. 

12 Section 922 of title 18, United States Code, is 

13 amended— 

14 (1) in subsection (d)— 

15 (A) by redesignating paragraphs (10) and 

16 (11) as paragraphs (11) and (12), respectively; 

17 (B) by inserting after paragraph (9) the 

18 following: 

19 ‘‘(10) is subject to a court order that— 

20 ‘‘(A) was issued after a hearing of which 

21 such person received actual notice, and at which 

22 such person had an opportunity to participate; 

23 ‘‘(B) prevents such person from possessing 

24 or receiving firearms; and 


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1 ‘‘(C) includes a finding that such person 

2 poses a danger of harm to self or others.’’; and 

3 (C) in paragraph (12), as so redesignated, 

4 by striking ‘‘(10)’’ and inserting ‘‘(11)’’; and 

5 (2) in subsection (g)— 

6 (A) in paragraph (8)(C)(ii), by striking 

7 ‘‘or’’ at the end; 

8 (B) in paragraph (9), by striking the 

9 comma at the end and inserting ‘‘; or’’; and 

10 (C) by inserting after paragraph (9) the 

11 following: 

12 ‘‘(10) is subject to a court order that— 

13 ‘‘(A) was issued after a hearing of which 

14 such person received actual notice, and at which 

15 such person had an opportunity to participate; 

16 ‘‘(B) prevents such person from possessing 

17 or receiving firearms; and 

18 ‘‘(C) includes a finding that such person 

19 poses a danger of harm to self or others,’’. 

20 SEC. 4. IDENTIFICATION RECORDS. 

21 Section 534 of title 28, United States Code, is 

22 amended— 

23 (1) in subsection (a)— 

24 (A) by redesignating paragraphs (4) and 

25 (5) as paragraphs (5) and (6), respectively; and 


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1 (B) by inserting after paragraph (3) the 

2 following: 

3 ‘‘(4) acquire, collect, classify, and preserve 

4 records from Federal, Tribal, and State courts and 

5 other agencies identifying individuals subject to ex6 treme risk protection orders, as defined in section 

7 2(a) of the Extreme Risk Protection Order Expan8 sion Act of 2023;’’; 

9 (2) in subsection (b)— 

10 (A) by striking ‘‘(a)(5)’’ and inserting 

11 ‘‘(a)(6)’’; and 

12 (B) by striking ‘‘(a)(4)’’ and inserting 

13 ‘‘(a)(5)’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(g) EXTREME RISK PROTECTION ORDERS IN NA16 TIONAL CRIME INFORMATION DATABASES.—A Federal, 

17 Tribal, or State criminal justice agency or criminal or civil 

18 court may— 

19 ‘‘(1) include extreme risk protection orders, as 

20 defined in section 2(a) of the Extreme Risk Protec21 tion Order Expansion Act of 2023, in national crime 

22 information databases, as that term is defined in 

23 subsection (f)(3) of this section; and 


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1 ‘‘(2) have access to information regarding ex2 treme risk protection orders through the national 

3 crime information databases.’’. 

4 SEC. 5. CONFORMING AMENDMENT. 

5 Section 3(1) of the NICS Improvement Amendments 

6 Act of 2007 (34 U.S.C. 40903(1)) is amended by striking 

7 ‘‘section 922(g)(8)’’ and inserting ‘‘paragraph (8) or (10) 

8 of section 922(g)’’. 

9 SEC. 6. FULL FAITH AND CREDIT. 

10 (a) DEFINITIONS.—In this section, the terms ‘‘ex11 treme risk protection order’’, ‘‘Indian Tribe’’, and ‘‘State’’ 

12 have the meanings given those terms in section 2(a). 

13 (b) FULL FAITH AND CREDIT REQUIRED.—Any ex14 treme risk protection order issued under a State or Tribal 

15 law enacted in accordance with this Act shall be accorded 

16 the same full faith and credit by the court of another State 

17 or Indian Tribe (referred to in this subsection as the ‘‘en18 forcing State or Indian Tribe’’) and enforced by the court 

19 and law enforcement personnel of the other State or Tribal 

20 government as if it were the order of the enforcing State 

21 or Indian Tribe. 

22 (c) APPLICABILITY TO EXTREME RISK PROTECTION

23 ORDERS.— 


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1 (1) IN GENERAL.—Subsection (b) shall apply to 

2 an extreme risk protection order issued by a State 

3 or Tribal court if— 

4 (A) the court has jurisdiction over the par5 ties and matter under the law of the State or 

6 Indian Tribe; and 

7 (B) reasonable notice and opportunity to 

8 be heard is given to the person against whom 

9 the order is sought sufficient to protect that 

10 person’s right to due process. 

11 (2) EX PARTE EXTREME RISK PROTECTION OR12 DERS.—For purposes of paragraph (1)(B), in the 

13 case of an ex parte extreme risk protection order, 

14 notice and opportunity to be heard shall be provided 

15 within the time required by State or Tribal law, and 

16 in any event within a reasonable time after the order 

17 is issued, sufficient to protect the due process rights 

18 of the respondent. 

19 (d) TRIBAL COURT JURISDICTION.—For purposes of 

20 this section, a court of an Indian Tribe shall have full civil 

21 jurisdiction to issue and enforce an extreme risk protection 

22 order involving any person, including the authority to en23 force any order through civil contempt proceedings, to ex24 clude violators from Indian land, and to use other appro25 priate mechanisms, in matters arising anywhere in the InVerDate Sep 11 2014 00:06 Feb 24, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H768.IH H768

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1 dian country (as defined in section 1151 of title 18, 

2 United States Code) of the Indian Tribe or otherwise with3 in the authority of the Indian Tribe. 

4 SEC. 7. SEVERABILITY. 

5 If any provision of this Act or amendment made by 

6 this Act, or the application of such provision or amend7 ment to any person or circumstance, is held to be invalid, 

8 the remaining provisions of this Act and amendments 

9 made by this Act, or the application of such provision or 

10 amendment to other persons or circumstances, shall not 

11 be affected. 

12 SEC. 8. EFFECTIVE DATE. 

13 This Act and the amendments made by this Act shall 

14 take effect on the date that is 180 days after the date 

15 of enactment of this Act. 

Æ 


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