IB 

Union Calendar No. 256 

117TH CONGRESS 

2D SESSION H. R. 2377 

[Report No. 117–342] 

To authorize the issuance of extreme risk protection orders. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2021 

Mrs. MCBATH (for herself, Mr. NADLER, Mr. THOMPSON of California, Ms. 

JACKSON LEE, Ms. BASS, Mr. JOHNSON of Georgia, Mr. CICILLINE, Mr. 

LIEU, Mr. RASKIN, Ms. DEAN, Ms. GARCIA of Texas, Mr. NEGUSE, Mrs. 

BEATTY, Ms. CLARK of Massachusetts, Mr. EVANS, Mrs. CAROLYN B. 

MALONEY of New York, Ms. MOORE of Wisconsin, Mr. DANNY K. DAVIS

of Illinois, Mr. DESAULNIER, Ms. WILSON of Florida, Mr. GALLEGO, Mr. 

SCHNEIDER, Mrs. TRAHAN, Mrs. WATSON COLEMAN, Ms. HOULAHAN, 

Ms. NEWMAN, Miss RICE of New York, Ms. ADAMS, Mr. RUPPERSBERGER, Mr. PASCRELL, Mr. COOPER, Mr. AUCHINCLOSS, Mr. CARSON, 

Mr. GARCI ́A of Illinois, Mr. BROWN of Maryland, Ms. PRESSLEY, Mr. 

MEEKS, Mrs. DEMINGS, Mr. SCHRADER, Mr. CROW, Mr. BEYER, Mr. 

CRIST, and Ms. SHERRILL) introduced the following bill; which was referred to the Committee on the Judiciary 

JUNE 3, 2022 

Additional sponsors: Mr. DEFAZIO, Mr. RUSH, Ms. NORTON, Ms. KELLY of 

Illinois, Ms. MENG, Mr. KHANNA, Mr. POCAN, Mr. BLUMENAUER, Mr. 

MORELLE, Ms. ROSS, Ms. WILLIAMS of Georgia, Mr. SWALWELL, Mr. 

SUOZZI, Ms. SCANLON, Ms. SEWELL, Ms. MCCOLLUM, Mr. CORREA, Ms. 

BROWNLEY, Mr. DEUTCH, Ms. JAYAPAL, Mr. FOSTER, Mr. KIM of New 

Jersey, Mr. JEFFRIES, Mr. PHILLIPS, Mr. SARBANES, Ms. BONAMICI, 

Ms. WASSERMAN SCHULTZ, Mr. MOULTON, Mr. GARAMENDI, Mr. 

LYNCH, Mr. DELGADO, Ms. WEXTON, Ms. CLARKE of New York, Ms. 

ESCOBAR, Mr. CASTEN, Ms. UNDERWOOD, Mr. JONES, Mr. COHEN, Mr. 

LEVIN of Michigan, Mr. MCGOVERN, Mr. ESPAILLAT, Ms. LOFGREN, Mr. 

GREEN of Texas, Mr. TAKANO, Mr. KILDEE, Ms. SA ́NCHEZ, Mr. SHERMAN, Mr. SEAN PATRICK MALONEY of New York, Mr. HORSFORD, Mr. 

CLEAVER, Ms. BLUNT ROCHESTER, Mrs. HAYES, Mr. TRONE, Ms. 

TLAIB, Mr. STANTON, Mr. MFUME, Ms. WATERS, Mr. SOTO, Ms. JOHNVerDate Sep 11 2014 19:41 Jun 03, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2377.RH H2377

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SON of Texas, Mr. TORRES of New York, Mr. YARMUTH, Mr. CARBAJAL, 

Ms. STRICKLAND, Mr. CARTER of Louisiana, Mrs. LAWRENCE, Ms. LEE

of California, Ms. OMAR, Mr. THOMPSON of Mississippi, Mr. VEASEY, Ms. 

SCHAKOWSKY, Mr. ALLRED, Mr. LEVIN of California, Ms. STEVENS, Mr. 

KILMER, Ms. STANSBURY, Mr. BOWMAN, Mr. WELCH, Ms. MANNING, 

Mr. LARSON of Connecticut, Mr. SMITH of Washington, Mr. HIGGINS of 

New York, Ms. BARRAGA ́N, Mr. LARSEN of Washington, Mr. 

MALINOWSKI, Ms. DELAURO, Ms. TITUS, Mr. RUIZ, Mrs. TORRES of 

California, Mr. PERLMUTTER, Mr. SABLAN, Mr. COURTNEY, Ms. PINGREE, Mrs. LEE of Nevada, Mr. PANETTA, Ms. ESHOO, Mr. 

KRISHNAMOORTHI, Ms. BROWN of Ohio, Ms. WILD, Mr. HIMES, Mr. SAN

NICOLAS, Ms. ROYBAL-ALLARD, Mr. GOTTHEIMER, Ms. DELBENE, Mr. 

SCOTT of Virginia, and Mr. CASE

JUNE 3, 2022 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 8, 2021] 

A BILL 

To authorize the issuance of extreme risk protection orders. 


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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 ‘‘Federal Extreme Risk 

5 Protection Order Act of 2021’’. 

6 SEC. 2. FEDERAL EXTREME RISK PROTECTION ORDERS. 

7 (a) IN GENERAL.—Chapter 44 of title 18, United 

8 States Code, is amended by adding at the end the following: 

9 ‘‘§ 932. Extreme risk protection orders 

10 ‘‘(a) DEFINITIONS.—In this section— 

11 ‘‘(1) the term ‘court’ means a district court of 

12 the United States; 

13 ‘‘(2) the term ‘designated law enforcement officer’ 

14 means a law enforcement officer, designated by a 

15 United States marshal, who agrees to receive fire16 arms, ammunition, and permits, as applicable, sur17 rendered under subsection (f); 

18 ‘‘(3) the term ‘Director’ means the Director of the 

19 Administrative Office of the United States Courts; 

20 ‘‘(4) the term ‘ex parte Federal extreme risk pro21 tection order’ or ‘ex parte Federal order’ means a 

22 Federal extreme risk protection order issued under 

23 subsection (c); 

24 ‘‘(5) the term ‘Federal extreme risk protection 

25 order’ means an order issued by a Federal court that 


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1 enjoins an individual from purchasing, possessing, or 

2 receiving, in or affecting interstate and foreign com3 merce, a firearm or ammunition; 

4 ‘‘(6) the term ‘family or household member’, with 

5 respect to a Federal order respondent, means any— 

6 ‘‘(A) parent, spouse, sibling, or child related 

7 by blood, marriage, or adoption to the respond8 ent; 

9 ‘‘(B) dating partner of the respondent; 

10 ‘‘(C) individual who has a child in common 

11 with the respondent, regardless of whether the in12 dividual has— 

13 ‘‘(i) been married to the respondent; or 

14 ‘‘(ii) lived together with the respondent 

15 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 parent20 child relationship with the respondent, including 

21 a stepparent-stepchild and grandparent-grand22 child relationship; and 

23 ‘‘(G) individual who is acting or has acted 

24 as the legal guardian of the respondent; 


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1 ‘‘(7) the term ‘Federal order petitioner’ means 

2 an individual authorized to petition for an ex parte 

3 or long-term Federal extreme risk protection order 

4 under subsection (b)(1); 

5 ‘‘(8) the term ‘Federal order respondent’ means 

6 an individual named in the petition for an ex parte 

7 or long-term Federal extreme risk protection order or 

8 subject to an ex parte or long-term Federal extreme 

9 risk protection order; 

10 ‘‘(9) the term ‘long-term Federal extreme risk 

11 protection order’ or ‘long-term Federal order’ means 

12 a Federal extreme risk protection order issued under 

13 subsection (d); 

14 ‘‘(10) the term ‘mental health agency’ means an 

15 agency of a State, Tribal, or local government or its 

16 contracted agency that is responsible for mental 

17 health services or co-occurring mental health and sub18 stance abuse services; and 

19 ‘‘(11) the term ‘national instant criminal back20 ground check system’ means the national instant 

21 criminal background check system established under 

22 section 103 of the Brady Handgun Violence Preven23 tion Act (34 U.S.C. 40901). 

24 ‘‘(b) PETITION.— 


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1 ‘‘(1) IN GENERAL.—A family or household mem2 ber of the applicable individual, or a law enforcement 

3 officer, may submit to an appropriate district court 

4 of the United States a petition requesting that the 

5 court issue an ex parte Federal extreme risk protec6 tion order or long-term Federal extreme risk protec7 tion order with respect to an individual. 

8 ‘‘(2) NO FEES.—A court or law enforcement 

9 agency may not charge a petitioner or respondent 

10 any fee for— 

11 ‘‘(A) filing, issuing, serving, or reporting an 

12 extreme risk protection order; 

13 ‘‘(B) a petition for an extreme risk protec14 tion order or any pleading, subpoena, warrant, 

15 or motion in connection with an extreme risk 

16 protection order; or 

17 ‘‘(C) any order or order to show cause nec18 essary to obtain or give effect to this section. 

19 ‘‘(3) CONFIDENTIALITY.—A Federal order peti20 tioner who is a law enforcement officer may provide 

21 the identity of the petitioner’s sources, and any iden22 tifying information, to the court under seal. 

23 ‘‘(c) EX PARTE ORDERS.— 

24 ‘‘(1) TIMING.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), a court that receives a peti3 tion for an ex parte Federal order under sub4 section (b) shall grant or deny the petition on 

5 the date on which the petition is submitted. 

6 ‘‘(B) LATE PETITIONS.—If a court receives 

7 a petition for an ex parte Federal order sub8 mitted under subsection (b) too late in the day 

9 to permit effective review, the court shall grant 

10 or deny the petition on the next day of judicial 

11 business at a time early enough to permit the 

12 court to file an order with the clerk of the court 

13 during that day. 

14 ‘‘(2) EVIDENCE REQUIRED.—Before issuing an 

15 ex parte Federal order, a court shall require that the 

16 petitioner for such order submit a signed affidavit, 

17 sworn to before the court, that— 

18 ‘‘(A) explains why such petitioner believes 

19 that the Federal order respondent poses a risk of 

20 imminent personal injury to self or another in21 dividual, by purchasing, possessing, or receiving 

22 a firearm or ammunition; and 

23 ‘‘(B) describes the interactions and con24 versations of the petitioner with— 

25 ‘‘(i) the respondent; or 


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1 ‘‘(ii) another individual, if such peti2 tioner believes that information obtained 

3 from that individual is credible and reli4 able. 

5 ‘‘(3) STANDARD FOR ISSUANCE OF ORDER.—A 

6 court may issue an ex parte Federal order only upon 

7 a finding of probable cause to believe that— 

8 ‘‘(A) the Federal order respondent poses a 

9 risk of imminent personal injury to self or an10 other individual, by purchasing, possessing, or 

11 receiving a firearm or ammunition; and 

12 ‘‘(B) the order is necessary to prevent the 

13 injury described in subparagraph (A). 

14 ‘‘(4) DURATION.—An ex parte Federal order 

15 shall expire on the earlier of— 

16 ‘‘(A) the date that is 14 days after the date 

17 of issuance; or 

18 ‘‘(B) the date on which the court determines 

19 whether to issue a long-term Federal order with 

20 respect to the respondent. 

21 ‘‘(d) LONG-TERM FEDERAL ORDERS.— 

22 ‘‘(1) HEARING REQUIRED.—If a court receives a 

23 petition for a long-term Federal extreme risk protec24 tion order for a respondent under subsection (b), the 

25 court shall hold a hearing to determine whether to 


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1 issue a long-term Federal order with respect to the re2 spondent either— 

3 ‘‘(A)(i) if the court issues an ex parte order 

4 with respect to the respondent, not later than 72 

5 hours after the ex parte order is served on the re6 spondent; or 

7 ‘‘(ii) if the respondent waives the right to a 

8 hearing within the 72-hour period under clause 

9 (i), or the court does not issue an ex parte order, 

10 within 14 days after the date on which the court 

11 receives the petition; or 

12 ‘‘(B) in no event later than 14 days after 

13 the date on which the court receives the petition. 

14 ‘‘(2) NOTICE AND OPPORTUNITY TO BE HEARD.— 

15 ‘‘(A) IN GENERAL.—The court shall provide 

16 the Federal order respondent with notice and the 

17 opportunity to be heard at a hearing under this 

18 subsection, sufficient to protect the due process 

19 rights of the respondent. 

20 ‘‘(B) RIGHT TO COUNSEL.— 

21 ‘‘(i) IN GENERAL.—At a hearing under 

22 this subsection, the Federal order respondent 

23 may be represented by counsel who is— 

24 ‘‘(I) chosen by the respondent; and 


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1 ‘‘(II) authorized to practice at 

2 such a hearing. 

3 ‘‘(ii) COURT-PROVIDED COUNSEL.—If 

4 the Federal order respondent is financially 

5 unable to obtain representation by counsel, 

6 the court, at the request of the respondent, 

7 shall ensure, to the extent practicable, that 

8 the respondent is represented by an attorney 

9 with respect to the petition. 

10 ‘‘(3) BURDEN OF PROOF; STANDARD.—At a hear11 ing under this subsection, the Federal order peti12 tioner— 

13 ‘‘(A) shall have the burden of proving all 

14 material facts; and 

15 ‘‘(B) shall be required to demonstrate, by 

16 clear and convincing evidence, that— 

17 ‘‘(i) the respondent to such order poses 

18 a risk of personal injury to self or another 

19 individual, during the period to be covered 

20 by the proposed Federal extreme risk protec21 tion order, by purchasing, possessing, or re22 ceiving a firearm or ammunition; and 

23 ‘‘(ii) the order is necessary to prevent 

24 the injury described in clause (i). 


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1 ‘‘(4) ISSUANCE.—Upon a showing of clear and 

2 convincing evidence under paragraph (3), the court 

3 shall issue a long-term Federal order with respect to 

4 the respondent that shall be in effect for a period of 

5 not more than 180 days. 

6 ‘‘(5) DENIAL.—If the court finds that there is 

7 not clear and convincing evidence to support the 

8 issuance of a long-term Federal order, the court shall 

9 dissolve any ex parte Federal order then in effect with 

10 respect to the respondent. 

11 ‘‘(6) RENEWAL.— 

12 ‘‘(A) NOTICE OF SCHEDULED EXPIRA13 TION.—Thirty days before the date on which a 

14 long-term Federal order is scheduled to expire, 

15 the court that issued the order shall— 

16 ‘‘(i) notify the petitioner and the re17 spondent to such order that the order is 

18 scheduled to expire; and 

19 ‘‘(ii) advise the petitioner and the re20 spondent of the procedures for seeking a re21 newal of the order under this paragraph. 

22 ‘‘(B) PETITION.—If a family or household 

23 member of the Federal order respondent, or a 

24 law enforcement officer, believes that the condi25 tions under paragraph (3)(B) continue to apply 


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1 with respect to a respondent who is subject to a 

2 long-term Federal order, the family or household 

3 member or law enforcement officer may submit 

4 to the court that issued the order a petition for 

5 a renewal of the order. 

6 ‘‘(C) HEARING.—A court that receives a pe7 tition submitted under subparagraph (B) shall 

8 hold a hearing to determine whether to issue a 

9 renewed long-term Federal order with respect to 

10 the respondent. 

11 ‘‘(D) APPLICABLE PROCEDURES.—The re12 quirements under paragraphs (2) through (5) 

13 shall apply to the consideration of a petition for 

14 a renewed long-term Federal order submitted 

15 under subparagraph (B) of this paragraph. 

16 ‘‘(E) ISSUANCE.—Upon a showing by clear 

17 and convincing evidence that the conditions 

18 under paragraph (3)(B) continue to apply with 

19 respect to the respondent, the court shall issue a 

20 renewed long-term Federal order with respect to 

21 the respondent. 

22 ‘‘(e) FACTORS TO CONSIDER.—In determining whether 

23 to issue a Federal extreme risk protection order, a court— 

24 ‘‘(1) shall consider factors including— 


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1 ‘‘(A) a recent threat or act of violence by the 

2 respondent directed toward another individual; 

3 ‘‘(B) a recent threat or act of violence by the 

4 respondent directed toward self; 

5 ‘‘(C) a recent act of cruelty to an animal by 

6 the respondent; and 

7 ‘‘(D) evidence of ongoing abuse of a con8 trolled substance or alcohol by the respondent 

9 that has led to a threat or act of violence directed 

10 to self or another individual; and 

11 ‘‘(2) may consider other factors, including— 

12 ‘‘(A) the reckless use, display, or bran13 dishing of a firearm by the respondent; 

14 ‘‘(B) a history of violence or attempted vio15 lence by the respondent against another indi16 vidual; and 

17 ‘‘(C) evidence of an explicit or implicit 

18 threat made by the person through any medium 

19 that demonstrate that the person poses a risk of 

20 personal injury to self or another individual. 

21 ‘‘(f) RELINQUISHMENT OF FIREARMS AND AMMUNI22 TION.— 

23 ‘‘(1) ORDER OF SURRENDER.—Upon issuance of 

24 an ex parte Federal order or long-term Federal order, 

25 the court shall order the respondent to such order to 


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1 surrender all firearms and ammunition that the re2 spondent possesses or owns, in or affecting interstate 

3 commerce, as well as any permit authorizing the re4 spondent to purchase or possess firearms (including a 

5 concealed carry permit), to— 

6 ‘‘(A) the United States Marshals Service; or 

7 ‘‘(B) a designated law enforcement officer. 

8 ‘‘(2) SURRENDER AND REMOVAL.— 

9 ‘‘(A) MANNER OF SERVICE.— 

10 ‘‘(i) PERSONAL SERVICE.—Except as 

11 provided in clause (ii), a United States 

12 marshal or designated law enforcement offi13 cer shall serve a Federal extreme risk pro14 tection order on a respondent by handing 

15 the order to the respondent to such order. 

16 ‘‘(ii) ALTERNATIVE SERVICE.—If the 

17 respondent cannot reasonably be located for 

18 service as described in clause (i), a Federal 

19 extreme risk protection order may be served 

20 on the respondent in any manner author21 ized under the Federal Rules of Civil Proce22 dure. 

23 ‘‘(B) REMOVAL.—Except as provided in 

24 subparagraph (C), a United States marshal or 

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1 eral extreme risk protection order personally on 

2 the respondent shall— 

3 ‘‘(i) request that all firearms and am4 munition, in or affecting interstate com5 merce, as well as any permit authorizing 

6 the respondent to purchase or possess fire7 arms (including a concealed carry permit), 

8 that the respondent possesses or owns— 

9 ‘‘(I) be immediately surrendered 

10 to the United States marshal or des11 ignated law enforcement officer; or 

12 ‘‘(II) at the option of the respond13 ent, be immediately surrendered and 

14 sold to a federally licensed firearms 

15 dealer; and 

16 ‘‘(ii) take possession of all firearms 

17 and ammunition described in clause (i) 

18 that are not sold under subclause (II) of 

19 that clause, as well as any permit described 

20 in that clause, that are— 

21 ‘‘(I) surrendered; 

22 ‘‘(II) in plain sight; or 

23 ‘‘(III) discovered pursuant to a 

24 lawful search. 


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1 ‘‘(C) ALTERNATIVE SURRENDER.—If a 

2 United States marshal or designated law enforce3 ment officer is not able to personally serve a 

4 Federal extreme risk protection order under sub5 paragraph (A)(i), or is not reasonably able to 

6 take custody of the firearms, ammunition, and 

7 permits under subparagraph (B), the respondent 

8 shall surrender the firearms, ammunition, and 

9 permits in a safe manner to the control of a 

10 United States marshal or designated law enforce11 ment officer not later than 48 hours after being 

12 served with the order. 

13 ‘‘(3) RECEIPT.— 

14 ‘‘(A) ISSUANCE.—At the time of surrender 

15 or removal under paragraph (2), a United States 

16 marshal or designated law enforcement officer 

17 taking possession of a firearm, ammunition, or 

18 a permit pursuant to a Federal extreme risk pro19 tection order shall— 

20 ‘‘(i) issue a receipt identifying all fire21 arms, ammunition, and permits that have 

22 been surrendered or removed; and 

23 ‘‘(ii) provide a copy of the receipt 

24 issued under clause (i) to the respondent to 

25 such order. 


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1 ‘‘(B) FILING.—Not later than 72 hours after 

2 issuance of a receipt under subparagraph (A), 

3 the United States marshal who issued the receipt 

4 or designated another law enforcement officer to 

5 do so shall— 

6 ‘‘(i) file the original receipt issued 

7 under subparagraph (A) of this paragraph 

8 with the court that issued the Federal ex9 treme risk protection order; and 

10 ‘‘(ii) ensure that the United States 

11 Marshals Service retains a copy of the re12 ceipt. 

13 ‘‘(C) DESIGNATED LAW ENFORCEMENT OF14 FICER.—If a designated law enforcement officer 

15 issues a receipt under subparagraph (A), the offi16 cer shall submit the original receipt and a copy 

17 of the receipt to the appropriate United States 

18 marshal to enable the United States marshal to 

19 comply with subparagraph (B). 

20 ‘‘(4) FORFEITURE.—If a respondent knowingly 

21 attempts, in violation of a Federal extreme risk pro22 tection order, to access a firearm, ammunition, or a 

23 permit that was surrendered or removed under this 

24 subsection, the firearm, ammunition, or permit shall 


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1 be subject to seizure and forfeiture under section 

2 924(d). 

3 ‘‘(g) RETURN OF FIREARMS AND AMMUNITION.— 

4 ‘‘(1) NOTICE.—If a Federal extreme risk protec5 tion order is dissolved, or expires and is not renewed, 

6 the court that issued the order shall order the United 

7 States Marshals Service to— 

8 ‘‘(A) confirm, through the national instant 

9 criminal background check system and any other 

10 relevant law enforcement databases, that the re11 spondent to such order may lawfully own and 

12 possess firearms and ammunition; and 

13 ‘‘(B)(i) if the respondent may lawfully own 

14 and possess firearms and ammunition, notify the 

15 respondent that the respondent may retrieve each 

16 firearm, ammunition, or permit surrendered by 

17 or removed from the respondent under subsection 

18 (f); or 

19 ‘‘(ii) if the respondent may not lawfully 

20 own or possess firearms and ammunition, notify 

21 the respondent that each firearm, ammunition, 

22 or permit surrendered by or removed from the re23 spondent under subsection (f) will be returned 

24 only when the respondent demonstrates to the 

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1 ent may lawfully own and possess firearms and 

2 ammunition. 

3 ‘‘(2) RETURN.—If a Federal extreme risk protec4 tion order is dissolved, or expires and is not renewed, 

5 and the United States Marshals Service confirms 

6 under paragraph (1)(A) that the respondent may law7 fully own and possess firearms and ammunition, the 

8 court that issued the order shall order the entity that 

9 possesses each firearm, ammunition, or permit sur10 rendered by or removed from the respondent under 

11 subsection (f) to return those items to the respondent. 

12 ‘‘(h) RETURN OF FIREARMS AND AMMUNITION IM13 PROPERLY RECEIVED.—If a court, in a hearing under sub14 section (d), determines that a firearm or ammunition sur15 rendered by or removed from a respondent under subsection 

16 (f) is owned by an individual other than the respondent, 

17 the court may order the United States marshal or des18 ignated law enforcement officer in possession of the firearm 

19 or ammunition to transfer the firearm or ammunition to 

20 that individual if— 

21 ‘‘(1) the individual may lawfully own and pos22 sess firearms and ammunition; and 

23 ‘‘(2) the individual will not provide the respond24 ent with access to the firearm or ammunition. 


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1 ‘‘(i) PENALTY FOR FALSE REPORTING OR FRIVOLOUS

2 PETITIONS.—An individual who knowingly submits mate3 rially false information to the court in a petition for a Fed4 eral extreme risk protection order under this section, or who 

5 knowingly files such a petition that is frivolous, unreason6 able, or without foundation, shall be fined not more than 

7 $5,000, or imprisoned not more than 5 years, or both, except 

8 to the extent that a greater sentence is otherwise provided 

9 by any other provision of law, as the court deems necessary 

10 to deter such abuse of process. 

11 ‘‘(j) MODEL POLICY.— 

12 ‘‘(1) IN GENERAL.—The Director shall draft a 

13 model policy to maximize the accessibility of Federal 

14 extreme risk protection orders. 

15 ‘‘(2) CONTENTS.—In drafting the model policy 

16 under paragraph (1), the Director shall— 

17 ‘‘(A) ensure that State, Tribal, and local 

18 law enforcement officers and members of the pub19 lic without legal training are able to easily file 

20 petitions for Federal extreme risk protection or21 ders; 

22 ‘‘(B) prescribe outreach efforts by employees 

23 of the district courts of the United States to fa24 miliarize relevant law enforcement officers and 


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1 the public with the procedures for filing peti2 tions, either— 

3 ‘‘(i) through direct outreach; or 

4 ‘‘(ii) in coordination with— 

5 ‘‘(I) relevant officials in the execu6 tive or legislative branch of the Federal 

7 Government; or 

8 ‘‘(II) with relevant State, Tribal, 

9 and local officials; 

10 ‘‘(C) prescribe policies for allowing the fil11 ing of petitions and prompt adjudication of peti12 tions on weekends and outside of normal court 

13 hours; 

14 ‘‘(D) prescribe policies for coordinating 

15 with law enforcement agencies to ensure the safe, 

16 timely, and effective service of Federal extreme 

17 risk protection orders and relinquishment of fire18 arms, ammunition, and permits, as applicable; 

19 and 

20 ‘‘(E) identify governmental and non-govern21 mental resources and partners to help officials of 

22 the district courts of the United States coordi23 nate with civil society organizations to ensure 

24 the safe and effective implementation of this sec25 tion. 


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1 ‘‘(k) REPORTING.— 

2 ‘‘(1) INDIVIDUAL REPORTS.— 

3 ‘‘(A) IN GENERAL.—Not later than 2 court 

4 days after the date on which a court issues or 

5 dissolves a Federal extreme risk protection order 

6 under this section or a Federal extreme risk pro7 tection order expires without being renewed, the 

8 court shall notify— 

9 ‘‘(i) the Attorney General; 

10 ‘‘(ii) each relevant mental health agen11 cy in the State in which the order is issued; 

12 and 

13 ‘‘(iii) State and local law enforcement 

14 officials in the jurisdiction in which the 

15 order is issued, including the national in16 stant criminal background check system sin17 gle point of contact for the State of resi18 dence of the respondent, where applicable. 

19 ‘‘(B) FORMAT.—A court shall submit a no20 tice under subparagraph (A) in an electronic for21 mat, in a manner prescribed by the Attorney 

22 General. 

23 ‘‘(C) UPDATE OF DATABASES.—As soon as 

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1 torney General shall update the background 

2 check databases of the Attorney General to reflect 

3 the prohibitions articulated in the applicable 

4 Federal extreme risk protection order. 

5 ‘‘(2) ANNUAL REPORTS.—Not later than 1 year 

6 after the date of enactment of the Federal Extreme 

7 Risk Protection Order Act of 2021, and annually 

8 thereafter, the Director shall submit to the Committee 

9 on the Judiciary of the Senate and the Committee on 

10 the Judiciary of the House of Representatives a report 

11 that includes, with respect to the preceding year— 

12 ‘‘(A) the number of petitions for ex parte 

13 Federal orders filed, as well as the number of 

14 such orders issued and the number denied, 

15 disaggregated by— 

16 ‘‘(i) the jurisdiction; 

17 ‘‘(ii) whether the individual authorized 

18 under subsection (b) to petition for a Fed19 eral extreme risk protection order is a law 

20 enforcement officer, or a family or household 

21 member, and in the case of a family or 

22 household member, which of subparagraphs 

23 (A) through (G) of subsection (a)(6) de24 scribes the relationship; and 


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1 ‘‘(iii) the alleged danger posed by the 

2 Federal order respondent, including whether 

3 the danger involved a risk of suicide, unin4 tentional injury, domestic violence, or other 

5 interpersonal violence; 

6 ‘‘(B) the number of petitions for long-term 

7 Federal orders filed, as well as the number of 

8 such orders issued and the number denied, 

9 disaggregated by— 

10 ‘‘(i) the jurisdiction; 

11 ‘‘(ii) whether the individual authorized 

12 under subsection (b) to petition for a Fed13 eral extreme risk protection order is a law 

14 enforcement officer, or a family or household 

15 member, and in the case of a family or 

16 household member, which of subparagraphs 

17 (A) through (G) of subsection (a)(6) de18 scribes the relationship; and 

19 ‘‘(iii) the alleged danger posed by the 

20 Federal order respondent, including whether 

21 the danger involved a risk of suicide, unin22 tentional injury, domestic violence, or other 

23 interpersonal violence; 

24 ‘‘(C) the number of petitions for renewals of 

25 long-term Federal orders filed, as well as the 


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1 number of such orders issued and the number de2 nied; 

3 ‘‘(D) the number of cases in which a court 

4 has issued a penalty for false reporting or frivo5 lous petitions; 

6 ‘‘(E) demographic data of Federal order pe7 titioners, including race, ethnicity, national ori8 gin, sex, gender, age, disability, average annual 

9 income, and English language proficiency, if 

10 available; 

11 ‘‘(F) demographic data of Federal order re12 spondents, including race, ethnicity, national or13 igin, sex, gender, age, disability, average annual 

14 income, and English language proficiency, if 

15 available; and 

16 ‘‘(G) the total number of firearms removed 

17 pursuant to Federal extreme risk protection or18 ders, and, if available, the number of firearms 

19 removed pursuant to each such order. 

20 ‘‘(l) TRAINING FOR FEDERAL LAW ENFORCEMENT OF21 FICERS.— 

22 ‘‘(1) TRAINING REQUIREMENTS.—The head of 

23 each Federal law enforcement agency shall require 

24 each Federal law enforcement officer employed by the 

25 agency to complete training in the safe, impartial, efVerDate Sep 11 2014 19:41 Jun 03, 2022 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H2377.RH H2377

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1 fective, and equitable use and administration of Fed2 eral extreme risk protection orders, including training 

3 to address— 

4 ‘‘(A) bias based on race and racism, eth5 nicity, gender, sexual orientation, gender iden6 tity, religion, language proficiency, mental 

7 health condition, disability, and classism in the 

8 use and administration of Federal extreme risk 

9 protection orders; 

10 ‘‘(B) the appropriate use of Federal extreme 

11 risk protection orders in cases of domestic vio12 lence, including the applicability of other policies 

13 and protocols to address domestic violence in sit14 uations that may also involve Federal extreme 

15 risk protection orders and the necessity of safety 

16 planning with the victim before law enforcement 

17 petitions for and executes a Federal extreme risk 

18 protection order, if applicable; 

19 ‘‘(C) interacting with persons with mental, 

20 behavioral, or physical disabilities, or emotional 

21 distress, including de-escalation techniques and 

22 crisis intervention; 

23 ‘‘(D) training on community relations; and 

24 ‘‘(E) best practices for referring persons 

25 subject to Federal extreme risk protection orders 


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1 and associated victims of violence to social serv2 ice providers that may be available in the juris3 diction and appropriate for those individuals, 

4 including health care, mental health, substance 

5 abuse, and legal services, employment and voca6 tional services, housing assistance, case manage7 ment, and veterans and disability benefits. 

8 ‘‘(2) TRAINING DEVELOPMENT.—Federal law en9 forcement agencies developing law enforcement train10 ing required under this section shall seek advice from 

11 domestic violence service providers (including cul12 turally specific (as defined in section 40002 of the Vi13 olence Against Women Act of 1994 (34 U.S.C. 

14 12291)) providers), social service providers, suicide 

15 prevention advocates, violence intervention specialists, 

16 law enforcement agencies, mental health disability ex17 perts, and other community groups working to reduce 

18 suicides and violence, including domestic violence, 

19 within the State. 

20 ‘‘(m) RULE OF CONSTRUCTION.—Nothing in this sec21 tion or shall be construed to alter the requirements of sub22 sections (d)(8) or (g)(8) of section 922, related to domestic 

23 violence protective orders.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 


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1 (1) TABLE OF SECTIONS.—The table of sections 

2 for chapter 44 of title 18, United States Code, is 

3 amended by adding at the end the following: 

‘‘932. Extreme risk protection orders.’’. 

4 (2) FORFEITURE.—Section 924(d)(3) of title 18, 

5 United States Code, is amended— 

6 (A) in subparagraph (E), by striking ‘‘and’’ 

7 at the end; 

8 (B) in subparagraph (F), by striking the 

9 period at the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(G) any attempt to violate a Federal extreme 

12 risk protection order issued under section 932.’’. 

13 SEC. 3. FEDERAL FIREARMS PROHIBITION. 

14 Section 922 of title 18, United States Code, is amend15 ed— 

16 (1) in subsection (d)— 

17 (A) in paragraph (8)(B)(ii), by striking 

18 ‘‘or’’ at the end; 

19 (B) in paragraph (9), by striking the period 

20 at the end and inserting ‘‘; or’’; and 

21 (C) by inserting after paragraph (9) the fol22 lowing: 

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


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1 ‘‘(A)(i) was issued after a hearing of which 

2 the person received actual notice, and at which 

3 the person had an opportunity to participate; or 

4 ‘‘(ii) in the case of an ex parte order, rel5 ative to which notice and opportunity to be 

6 heard are provided— 

7 ‘‘(I) within the time required by Fed8 eral, State, Tribal, or territorial law; and 

9 ‘‘(II) in any event within a reasonable 

10 time after the order is issued, sufficient to 

11 protect the due process rights of the person; 

12 ‘‘(B) prevents such person from possessing 

13 or receiving firearm; and 

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

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

16 (2) in subsection (g)— 

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

18 ‘‘or’’ at the end; 

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

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

21 (C) by inserting after paragraph (9) the fol22 lowing: 

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


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1 ‘‘(A)(i) was issued after a hearing of which 

2 the person received actual notice, and at which 

3 the person had an opportunity to participate; or 

4 ‘‘(ii) in the case of an ex parte order, rel5 ative to which notice and opportunity to be 

6 heard are provided— 

7 ‘‘(I) within the time required by Fed8 eral, State, Tribal, or territorial law; and 

9 ‘‘(II) in any event within a reasonable 

10 time after the order is issued, sufficient to 

11 protect the due process rights of the person; 

12 ‘‘(B) prevents such a person from possessing 

13 or receiving firearms; and 

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

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

16 SEC. 4. SEVERABILITY. 

17 If any provision of this Act, or an amendment made 

18 by this Act, or the application of such provision to any per19 son or circumstance, is held to be invalid, the remainder 

20 of this Act, or an amendment made by this Act, or the ap21 plication of such provision to other persons or cir22 cumstances, shall not be affected. 


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1 SEC. 5. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 take effect on the date that is 180 days after the date of 

4 enactment of this Act. 

5 SEC. 6. PREEMPTION. 

6 Nothing in this Act or an amendment made by this 

7 Act shall be construed to preempt any State law or policy. 


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Union Calendar No. 256 

117TH CONGRESS 

2D SESSION H. R. 2377 

[Report No. 117–342] 

A BILL 

To authorize the issuance of extreme risk 

protection orders. 

JUNE 3, 2022 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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