IIB 

117TH CONGRESS 

2D SESSION H. R. 2377 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2022 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To authorize the issuance of extreme risk protection orders. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Extreme Risk 

3 Protection Order Act of 2022’’. 

4 SEC. 2. FEDERAL EXTREME RISK PROTECTION ORDERS. 

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

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 932. Extreme risk protection orders 

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

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

11 the United States; 

12 ‘‘(2) the term ‘designated law enforcement offi13 cer’ means a law enforcement officer, designated by 

14 a United States marshal, who agrees to receive fire15 arms, ammunition, and permits, as applicable, sur16 rendered under subsection (f); 

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

18 the Administrative Office of the United States 

19 Courts; 

20 ‘‘(4) the term ‘ex parte Federal extreme risk 

21 protection order’ or ‘ex parte Federal order’ means 

22 a 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 

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1 sessing, or receiving, in or affecting interstate and 

2 foreign commerce, a firearm or ammunition; 

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

4 with respect to a Federal order respondent, means 

5 any— 

6 ‘‘(A) parent, spouse, sibling, or child re7 lated by blood, marriage, or adoption to the re8 spondent; 

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

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

11 with the respondent, regardless of whether the 

12 individual has— 

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

14 or 

15 ‘‘(ii) lived together with the respond16 ent at any time; 

17 ‘‘(D) individual who resides or has resided 

18 with the respondent during the past year; 

19 ‘‘(E) domestic partner of the respondent; 

20 ‘‘(F) individual who has a legal parent21 child relationship with the respondent, including 

22 a stepparent-stepchild and grandparent-grand23 child relationship; and 

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

25 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 

8 or subject to an ex parte or long-term Federal ex9 treme 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 

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

16 its contracted agency that is responsible for mental 

17 health services or co-occurring mental health and 

18 substance 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 

2 member of the applicable individual, or a law en3 forcement officer, may submit to an appropriate dis4 trict court of the United States a petition requesting 

5 that the court issue an ex parte Federal extreme 

6 risk protection order or long-term Federal extreme 

7 risk protection 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 

12 an 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 

20 of imminent personal injury to self or another 

21 individual, by purchasing, possessing, or receiv22 ing 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 

17 date of issuance; or 

18 ‘‘(B) the date on which the court deter19 mines whether to issue a long-term Federal 

20 order with respect to the respondent. 

21 ‘‘(d) LONG-TERM FEDERAL ORDERS.— 

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

23 a petition for a long-term Federal extreme risk pro24 tection order for a respondent under subsection (b), 

25 the court shall hold a hearing to determine whether 


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1 to issue a long-term Federal order with respect to 

2 the respondent either— 

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

4 order with respect to the respondent, not later 

5 than 72 hours after the ex parte order is served 

6 on the respondent; or 

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

8 a hearing within the 72-hour period under 

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

10 parte order, within 14 days after the date on 

11 which the court receives the petition; or 

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

13 the date on which the court receives the peti14 tion. 

15 ‘‘(2) NOTICE AND OPPORTUNITY TO BE

16 HEARD.— 

17 ‘‘(A) IN GENERAL.—The court shall pro18 vide the Federal order respondent with notice 

19 and the opportunity to be heard at a hearing 

20 under this subsection, sufficient to protect the 

21 due process rights of the respondent. 

22 ‘‘(B) RIGHT TO COUNSEL.— 

23 ‘‘(i) IN GENERAL.—At a hearing 

24 under this subsection, the Federal order 


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1 respondent may be represented by counsel 

2 who is— 

3 ‘‘(I) chosen by the respondent; 

4 and 

5 ‘‘(II) authorized to practice at 

6 such a hearing. 

7 ‘‘(ii) COURT-PROVIDED COUNSEL.—If 

8 the Federal order respondent is financially 

9 unable to obtain representation by counsel, 

10 the court, at the request of the respondent, 

11 shall ensure, to the extent practicable, that 

12 the respondent is represented by an attor13 ney with respect to the petition. 

14 ‘‘(3) BURDEN OF PROOF; STANDARD.—At a 

15 hearing under this subsection, the Federal order pe16 titioner— 

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

18 material facts; and 

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

20 clear and convincing evidence, that— 

21 ‘‘(i) the respondent to such order 

22 poses a risk of personal injury to self or 

23 another individual, during the period to be 

24 covered by the proposed Federal extreme 

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1 sessing, or receiving a firearm or ammuni2 tion; and 

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

4 the injury described in clause (i). 

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

6 convincing evidence under paragraph (3), the court 

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

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

9 not more than 180 days. 

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

11 not clear and convincing evidence to support the 

12 issuance of a long-term Federal order, the court 

13 shall dissolve any ex parte Federal order then in ef14 fect with respect to the respondent. 

15 ‘‘(6) RENEWAL.— 

16 ‘‘(A) NOTICE OF SCHEDULED EXPIRA17 TION.—Thirty days before the date on which a 

18 long-term Federal order is scheduled to expire, 

19 the court that issued the order shall— 

20 ‘‘(i) notify the petitioner and the re21 spondent to such order that the order is 

22 scheduled to expire; and 

23 ‘‘(ii) advise the petitioner and the re24 spondent of the procedures for seeking a 

25 renewal of the order under this paragraph. 


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

2 member of the Federal order respondent, or a 

3 law enforcement officer, believes that the condi4 tions under paragraph (3)(B) continue to apply 

5 with respect to a respondent who is subject to 

6 a long-term Federal order, the family or house7 hold member or law enforcement officer may 

8 submit to the court that issued the order a peti9 tion for a renewal of the order. 

10 ‘‘(C) HEARING.—A court that receives a 

11 petition submitted under subparagraph (B) 

12 shall hold a hearing to determine whether to 

13 issue a renewed long-term Federal order with 

14 respect to the respondent. 

15 ‘‘(D) APPLICABLE PROCEDURES.—The re16 quirements under paragraphs (2) through (5) 

17 shall apply to the consideration of a petition for 

18 a renewed long-term Federal order submitted 

19 under subparagraph (B) of this paragraph. 

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

21 and convincing evidence that the conditions 

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

23 respect to the respondent, the court shall issue 

24 a renewed long-term Federal order with respect 

25 to the respondent. 


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1 ‘‘(e) FACTORS TO CONSIDER.—In determining 

2 whether to issue a Federal extreme risk protection order, 

3 a court— 

4 ‘‘(1) shall consider factors including— 

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

6 the respondent directed toward another indi7 vidual; 

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

9 the respondent directed toward self; 

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

11 by the respondent; and 

12 ‘‘(D) evidence of ongoing abuse of a con13 trolled substance or alcohol by the respondent 

14 that has led to a threat or act of violence di15 rected to self or another individual; and 

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

17 ‘‘(A) the reckless use, display, or bran18 dishing of a firearm by the respondent; 

19 ‘‘(B) a history of violence or attempted vio20 lence by the respondent against another indi21 vidual; and 

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

23 threat made by the person through any medium 

24 that demonstrate that the person poses a risk 

25 of personal injury to self or another individual. 


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1 ‘‘(f) RELINQUISHMENT OF FIREARMS AND AMMUNI2 TION.— 

3 ‘‘(1) ORDER OF SURRENDER.—Upon issuance 

4 of an ex parte Federal order or long-term Federal 

5 order, the court shall order the respondent to such 

6 order to surrender all firearms and ammunition that 

7 the respondent possesses or owns, in or affecting 

8 interstate commerce, as well as any permit author9 izing the respondent to purchase or possess firearms 

10 (including a concealed carry permit), to— 

11 ‘‘(A) the United States Marshals Service; 

12 or 

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

14 ‘‘(2) SURRENDER AND REMOVAL.— 

15 ‘‘(A) MANNER OF SERVICE.— 

16 ‘‘(i) PERSONAL SERVICE.—Except as 

17 provided in clause (ii), a United States 

18 marshal or designated law enforcement of19 ficer shall serve a Federal extreme risk 

20 protection order on a respondent by hand21 ing the order to the respondent to such 

22 order. 

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

24 respondent cannot reasonably be located 

25 for service as described in clause (i), a 


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1 Federal extreme risk protection order may 

2 be served on the respondent in any manner 

3 authorized under the Federal Rules of 

4 Civil Procedure. 

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

6 subparagraph (C), a United States marshal or 

7 designated law enforcement officer serving a 

8 Federal extreme risk protection order personally 

9 on the respondent shall— 

10 ‘‘(i) request that all firearms and am11 munition, in or affecting interstate com12 merce, as well as any permit authorizing 

13 the respondent to purchase or possess fire14 arms (including a concealed carry permit), 

15 that the respondent possesses or owns— 

16 ‘‘(I) be immediately surrendered 

17 to the United States marshal or des18 ignated law enforcement officer; or 

19 ‘‘(II) at the option of the re20 spondent, be immediately surrendered 

21 and sold to a federally licensed fire22 arms dealer; and 

23 ‘‘(ii) take possession of all firearms 

24 and ammunition described in clause (i) 

25 that are not sold under subclause (II) of 


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1 that clause, as well as any permit de2 scribed in that clause, that are— 

3 ‘‘(I) surrendered; 

4 ‘‘(II) in plain sight; or 

5 ‘‘(III) discovered pursuant to a 

6 lawful search. 

7 ‘‘(C) ALTERNATIVE SURRENDER.—If a 

8 United States marshal or designated law en9 forcement officer is not able to personally serve 

10 a Federal extreme risk protection order under 

11 subparagraph (A)(i), or is not reasonably able 

12 to take custody of the firearms, ammunition, 

13 and permits under subparagraph (B), the re14 spondent shall surrender the firearms, ammuni15 tion, and permits in a safe manner to the con16 trol of a United States marshal or designated 

17 law enforcement officer not later than 48 hours 

18 after being served with the order. 

19 ‘‘(3) RECEIPT.— 

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

21 or removal under paragraph (2), a United 

22 States marshal or designated law enforcement 

23 officer taking possession of a firearm, ammuni24 tion, or a permit pursuant to a Federal extreme 

25 risk protection order shall— 


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1 ‘‘(i) issue a receipt identifying all fire2 arms, ammunition, and permits that have 

3 been surrendered or removed; and 

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

5 issued under clause (i) to the respondent 

6 to such order. 

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

8 after issuance of a receipt under subparagraph 

9 (A), the United States marshal who issued the 

10 receipt or designated another law enforcement 

11 officer to do so shall— 

12 ‘‘(i) file the original receipt issued 

13 under subparagraph (A) of this paragraph 

14 with the court that issued the Federal ex15 treme risk protection order; and 

16 ‘‘(ii) ensure that the United States 

17 Marshals Service retains a copy of the re18 ceipt. 

19 ‘‘(C) DESIGNATED LAW ENFORCEMENT

20 OFFICER.—If a designated law enforcement of21 ficer issues a receipt under subparagraph (A), 

22 the officer shall submit the original receipt and 

23 a copy of the receipt to the appropriate United 

24 States marshal to enable the United States 

25 marshal to comply with subparagraph (B). 


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

2 attempts, in violation of a Federal extreme risk pro3 tection order, to access a firearm, ammunition, or a 

4 permit that was surrendered or removed under this 

5 subsection, the firearm, ammunition, or permit shall 

6 be subject to seizure and forfeiture under section 

7 924(d). 

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

9 ‘‘(1) NOTICE.—If a Federal extreme risk pro10 tection order is dissolved, or expires and is not re11 newed, the court that issued the order shall order 

12 the United States Marshals Service to— 

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

14 criminal background check system and any 

15 other relevant law enforcement databases, that 

16 the respondent to such order may lawfully own 

17 and possess firearms and ammunition; and 

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

19 and possess firearms and ammunition, notify 

20 the respondent that the respondent may re21 trieve each firearm, ammunition, or permit sur22 rendered by or removed from the respondent 

23 under subsection (f); or 

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

25 own or possess firearms and ammunition, notify 


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1 the respondent that each firearm, ammunition, 

2 or permit surrendered by or removed from the 

3 respondent under subsection (f) will be returned 

4 only when the respondent demonstrates to the 

5 United States Marshals Service that the re6 spondent may lawfully own and possess fire7 arms and ammunition. 

8 ‘‘(2) RETURN.—If a Federal extreme risk pro9 tection order is dissolved, or expires and is not re10 newed, and the United States Marshals Service con11 firms under paragraph (1)(A) that the respondent 

12 may lawfully own and possess firearms and ammuni13 tion, the court that issued the order shall order the 

14 entity that possesses each firearm, ammunition, or 

15 permit surrendered by or removed from the respond16 ent under subsection (f) to return those items to the 

17 respondent. 

18 ‘‘(h) RETURN OF FIREARMS AND AMMUNITION IM19 PROPERLY RECEIVED.—If a court, in a hearing under 

20 subsection (d), determines that a firearm or ammunition 

21 surrendered by or removed from a respondent under sub22 section (f) is owned by an individual other than the re23 spondent, the court may order the United States marshal 

24 or designated law enforcement officer in possession of the 


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1 firearm or ammunition to transfer the firearm or ammuni2 tion to that individual if— 

3 ‘‘(1) the individual may lawfully own and pos4 sess firearms and ammunition; and 

5 ‘‘(2) the individual will not provide the respond6 ent with access to the firearm or ammunition. 

7 ‘‘(i) PENALTY FOR FALSE REPORTING OR FRIVO8 LOUS PETITIONS.—An individual who knowingly submits 

9 materially false information to the court in a petition for 

10 a Federal extreme risk protection order under this section, 

11 or who knowingly files such a petition that is frivolous, 

12 unreasonable, or without foundation, shall be fined not 

13 more than $5,000, or imprisoned not more than 5 years, 

14 or both, except to the extent that a greater sentence is 

15 otherwise provided by any other provision of law, as the 

16 court deems necessary to deter such abuse of process. 

17 ‘‘(j) MODEL POLICY.— 

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

19 model policy to maximize the accessibility of Federal 

20 extreme risk protection orders. 

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

22 under paragraph (1), the Director shall— 

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

24 law enforcement officers and members of the 

25 public without legal training are able to easily 


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1 file petitions for Federal extreme risk protection 

2 orders; 

3 ‘‘(B) prescribe outreach efforts by employ4 ees of the district courts of the United States 

5 to familiarize relevant law enforcement officers 

6 and the public with the procedures for filing pe7 titions, either— 

8 ‘‘(i) through direct outreach; or 

9 ‘‘(ii) in coordination with— 

10 ‘‘(I) relevant officials in the exec11 utive or legislative branch of the Fed12 eral Government; or 

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

14 and local officials; 

15 ‘‘(C) prescribe policies for allowing the fil16 ing of petitions and prompt adjudication of pe17 titions on weekends and outside of normal court 

18 hours; 

19 ‘‘(D) prescribe policies for coordinating 

20 with law enforcement agencies to ensure the 

21 safe, timely, and effective service of Federal ex22 treme risk protection orders and relinquishment 

23 of firearms, ammunition, and permits, as appli24 cable; and 


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1 ‘‘(E) identify governmental and non-gov2 ernmental resources and partners to help offi3 cials of the district courts of the United States 

4 coordinate with civil society organizations to en5 sure the safe and effective implementation of 

6 this section. 

7 ‘‘(k) REPORTING.— 

8 ‘‘(1) INDIVIDUAL REPORTS.— 

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

10 days after the date on which a court issues or 

11 dissolves a Federal extreme risk protection 

12 order under this section or a Federal extreme 

13 risk protection order expires without being re14 newed, the court shall notify— 

15 ‘‘(i) the Attorney General; 

16 ‘‘(ii) each relevant mental health 

17 agency in the State in which the order is 

18 issued; and 

19 ‘‘(iii) State and local law enforcement 

20 officials in the jurisdiction in which the 

21 order is issued, including the national in22 stant criminal background check system 

23 single point of contact for the State of res24 idence of the respondent, where applicable. 


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1 ‘‘(B) FORMAT.—A court shall submit a no2 tice under subparagraph (A) in an electronic 

3 format, in a manner prescribed by the Attorney 

4 General. 

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

6 practicable and not later than 5 days after re7 ceiving a notice under subparagraph (A), the 

8 Attorney General shall update the background 

9 check databases of the Attorney General to re10 flect the prohibitions articulated in the applica11 ble Federal extreme risk protection order. 

12 ‘‘(2) ANNUAL REPORT.—Not later than 1 year 

13 after the date of enactment of the Federal Extreme 

14 Risk Protection Order Act of 2022, and annually 

15 thereafter, the Director shall submit to the Com16 mittee on the Judiciary of the Senate and the Com17 mittee on the Judiciary of the House of Representa18 tives a report that includes, with respect to the pre19 ceding year— 

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

21 Federal orders filed, as well as the number of 

22 such orders issued and the number denied, 

23 disaggregated by— 

24 ‘‘(i) the jurisdiction; 


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1 ‘‘(ii) whether the individual authorized 

2 under subsection (b) to petition for a Fed3 eral extreme risk protection order is a law 

4 enforcement officer, or a family or house5 hold member, and in the case of a family 

6 or household member, which of subpara7 graphs (A) through (G) of subsection 

8 (a)(6) describes the relationship; and 

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

10 Federal order respondent, including wheth11 er the danger involved a risk of suicide, 

12 unintentional injury, domestic violence, or 

13 other interpersonal violence; 

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

15 Federal orders filed, as well as the number of 

16 such orders issued and the number denied, 

17 disaggregated by— 

18 ‘‘(i) the jurisdiction; 

19 ‘‘(ii) whether the individual authorized 

20 under subsection (b) to petition for a Fed21 eral extreme risk protection order is a law 

22 enforcement officer, or a family or house23 hold member, and in the case of a family 

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1 graphs (A) through (G) of subsection 

2 (a)(6) describes the relationship; and 

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

4 Federal order respondent, including wheth5 er the danger involved a risk of suicide, 

6 unintentional injury, domestic violence, or 

7 other interpersonal violence; 

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

9 of long-term Federal orders filed, as well as the 

10 number of such orders issued and the number 

11 denied; 

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

13 has issued a penalty for false reporting or frivo14 lous petitions; 

15 ‘‘(E) demographic data of Federal order 

16 petitioners, including race, ethnicity, national 

17 origin, sex, gender, age, disability, average an18 nual income, and English language proficiency, 

19 if available; 

20 ‘‘(F) demographic data of Federal order 

21 respondents, including race, ethnicity, national 

22 origin, sex, gender, age, disability, average an23 nual income, and English language proficiency, 

24 if available; and 


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

2 pursuant to Federal extreme risk protection or3 ders, and, if available, the number of firearms 

4 removed pursuant to each such order. 

5 ‘‘(l) TRAINING FOR FEDERAL LAW ENFORCEMENT

6 OFFICERS.— 

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

8 each Federal law enforcement agency shall require 

9 each Federal law enforcement officer employed by 

10 the agency to complete training in the safe, impar11 tial, effective, and equitable use and administration 

12 of Federal extreme risk protection orders, including 

13 training to address— 

14 ‘‘(A) bias based on race and racism, eth15 nicity, gender, sexual orientation, gender iden16 tity, religion, language proficiency, mental 

17 health condition, disability, and classism in the 

18 use and administration of Federal extreme risk 

19 protection orders; 

20 ‘‘(B) the appropriate use of Federal ex21 treme risk protection orders in cases of domes22 tic violence, including the applicability of other 

23 policies and protocols to address domestic vio24 lence in situations that may also involve Fed25 eral extreme risk protection orders and the neVerDate Sep 11 2014 20:58 Jun 09, 2022 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2377.RFS H2377

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1 cessity of safety planning with the victim before 

2 law enforcement petitions for and executes a 

3 Federal extreme risk protection order, if appli4 cable; 

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

6 behavioral, or physical disabilities, or emotional 

7 distress, including de-escalation techniques and 

8 crisis intervention; 

9 ‘‘(D) techniques for outreach to historically 

10 marginalized cultural communities and the de11 velopment of linguistic proficiencies for law en12 forcement; 

13 ‘‘(E) community relations; and 

14 ‘‘(F) best practices for referring persons 

15 subject to Federal extreme risk protection or16 ders and associated victims of violence to social 

17 service providers that may be available in the 

18 jurisdiction and appropriate for those individ19 uals, including health care, mental health, sub20 stance abuse, and legal services, employment 

21 and vocational services, housing assistance, case 

22 management, and veterans and disability bene23 fits. 

24 ‘‘(2) TRAINING DEVELOPMENT.—Federal law 

25 enforcement agencies developing law enforcement 


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1 training required under this section shall seek advice 

2 from domestic violence service providers (including 

3 culturally specific (as defined in section 40002 of the 

4 Violence Against Women Act of 1994 (34 U.S.C. 

5 12291)) providers), social service providers, suicide 

6 prevention advocates, violence intervention special7 ists, law enforcement agencies, mental health dis8 ability experts, and other community groups working 

9 to reduce suicides and violence, including domestic 

10 violence, within the State. 

11 ‘‘(m) RULE OF CONSTRUCTION.—Nothing in this sec12 tion or shall be construed to alter the requirements of sub13 sections (d)(8) or (g)(8) of section 922, related to domes14 tic violence protective orders. 

15 ‘‘(n) PREEMPTION.—Nothing in this section may be 

16 construed to preempt any State law or policy.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

20 amended by adding at the end the following: 

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

21 (2) FORFEITURE.—Section 924(d)(3) of title 

22 18, United States Code, is amended— 

23 (A) in subparagraph (E), by striking 

24 ‘‘and’’ at the end; 


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

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

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

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

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

6 SEC. 3. FEDERAL FIREARMS PROHIBITION. 

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

8 amended— 

9 (1) in subsection (d)— 

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

11 ‘‘or’’ at the end; 

12 (B) in paragraph (9), by striking the pe13 riod at the end and inserting ‘‘; or’’; and 

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

15 following: 

16 ‘‘(10) is subject to a court order— 

17 ‘‘(A) issued under section 932; or 

18 ‘‘(B) that is an extreme risk protection 

19 order (as defined in section 4(a) of the Federal 

20 Extreme Risk Protection Order Act of 2022).’’; 

21 and 

22 (2) in subsection (g)— 

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

24 ‘‘or’’ at the end; 


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

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

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

4 following: 

5 ‘‘(10) is subject to a court order— 

6 ‘‘(A) issued under section 932; or 

7 ‘‘(B) that is an extreme risk protection 

8 order (as defined in section 4(a) of the Federal 

9 Extreme Risk Protection Order Act of 2022),’’. 

10 SEC. 4. EXTREME RISK PROTECTION ORDER GRANT PRO11 GRAM. 

12 (a) DEFINITIONS.—In this section: 

13 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti14 ty’’ means— 

15 (A) a State or Indian Tribe— 

16 (i) that enacts legislation described in 

17 subsection (c); 

18 (ii) with respect to which the Attorney 

19 General determines that the legislation de20 scribed in clause (i) complies with the re21 quirements under subsection (c)(1); and 

22 (iii) that certifies to the Attorney 

23 General that the State or Indian Tribe 

24 shall— 


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1 (I) use the grant for the purposes 

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

3 (II) allocate not less than 25 per4 cent and not more than 70 percent of 

5 the amount received under a grant 

6 under subsection (b) for the develop7 ment and dissemination of training 

8 for law enforcement officers in accord9 ance with subsection (b)(4); or 

10 (B) a unit of local government or other 

11 public or private entity that— 

12 (i) is located in a State or in the terri13 tory under the jurisdiction of an Indian 

14 Tribe that meets the requirements de15 scribed in clauses (i) and (ii) of subpara16 graph (A); and 

17 (ii) certifies to the Attorney General 

18 that the unit of local government or entity 

19 shall— 

20 (I) use the grant for the purposes 

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

22 (II) allocate not less than 25 per23 cent and not more than 70 percent of 

24 the amount received under a grant 

25 under this section for the development 


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1 and dissemination of training for law 

2 enforcement officers in accordance 

3 with subsection (b)(4). 

4 (2) EXTREME RISK PROTECTION ORDER.—The 

5 term ‘‘extreme risk protection order’’ means a writ6 ten order or warrant, issued by a State or Tribal 

7 court or signed by a magistrate (or other com8 parable judicial officer), the primary purpose of 

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

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

11 (A) Prohibiting a named individual from 

12 having under the custody or control of the indi13 vidual, owning, purchasing, possessing, or re14 ceiving a firearm. 

15 (B) Having a firearm removed or requiring 

16 the surrender of firearms from a named indi17 vidual. 

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

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

20 United States Code. 

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

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

23 section 1709 of title I of the Omnibus Crime Control 

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


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1 (5) LAW ENFORCEMENT OFFICER.—The term 

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

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

4 by a Federal, State, local, or Tribal government 

5 agency to— 

6 (A) engage in or supervise the prevention, 

7 detection, investigation, or prosecution of an of8 fense; or 

9 (B) supervise sentenced criminal offenders. 

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

11 means an individual authorized under State or Trib12 al law to petition for an extreme risk protection 

13 order. 

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

15 means an individual named in the petition for an ex16 treme risk protection order or subject to an extreme 

17 risk protection order. 

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

19 (A) a State; 

20 (B) the District of Columbia; 

21 (C) the Commonwealth of Puerto Rico; 

22 and 

23 (D) any other territory or possession of the 

24 United States. 


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

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

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

4 Crime Control and Safe Streets Act of 1968 (34 

5 U.S.C. 10251). 

6 (b) GRANT PROGRAM ESTABLISHED.— 

7 (1) IN GENERAL.—The Director of the Office of 

8 Community Oriented Policing Services of the De9 partment of Justice shall establish a program under 

10 which, from amounts made available to carry out 

11 this section, the Director may make grants to eligi12 ble entities to assist in carrying out the provisions 

13 of the legislation described in subsection (c). 

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

15 this subsection may be used by an applicant to— 

16 (A) enhance the capacity of law enforce17 ment agencies and the courts of a State, unit 

18 of local government, or Indian Tribe by pro19 viding personnel, training, technical assistance, 

20 data collection, and other resources to carry out 

21 enacted legislation described in subsection (c); 

22 (B) train judges, court personnel, health 

23 care and legal professionals, and law enforce24 ment officers to more accurately identify indi25 viduals whose access to firearms poses a danger 


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1 of causing harm to themselves or others by in2 creasing the risk of firearms suicide or inter3 personal violence; 

4 (C) develop and implement law enforce5 ment and court protocols, forms, and orders so 

6 that law enforcement agencies and the courts 

7 may carry out the provisions of the enacted leg8 islation described in subsection (c) in a safe, eq9 uitable, and effective manner, including through 

10 the removal and storage of firearms pursuant to 

11 extreme risk protection orders under the en12 acted legislation; and 

13 (D) raise public awareness and under14 standing of the enacted legislation described in 

15 subsection (c), including through subgrants to 

16 community-based organizations for the training 

17 of community members, so that extreme risk 

18 protection orders may be issued in appropriate 

19 situations to reduce the risk of firearms-related 

20 death and injury. 

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

22 grant under this subsection shall submit to the At23 torney General an application at such time, in such 

24 manner, and containing or accompanied by such inVerDate Sep 11 2014 20:58 Jun 09, 2022 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2377.RFS H2377

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1 formation as the Attorney General may reasonably 

2 require. 

3 (4) TRAINING.— 

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

5 under this subsection shall provide training to 

6 law enforcement officers, including officers of 

7 relevant Federal, State, local, and Tribal law 

8 enforcement agencies, in the safe, impartial, ef9 fective, and equitable use and administration of 

10 extreme risk protection orders, including train11 ing to address— 

12 (i) bias based on race and racism, eth13 nicity, gender, sexual orientation, gender 

14 identity, religion, language proficiency, 

15 mental health condition, disability, and 

16 classism in the use and administration of 

17 extreme risk protection orders; 

18 (ii) the appropriate use of extreme 

19 risk protection orders in cases of domestic 

20 violence, including the applicability of other 

21 policies and protocols to address domestic 

22 violence in situations that may also involve 

23 extreme risk protection orders and the ne24 cessity of safety planning with the victim 

25 before a law enforcement officer petitions 


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1 for and executes an extreme risk protection 

2 order, if applicable; 

3 (iii) interacting with persons with 

4 mental, behavioral, or physical disabilities, 

5 or emotional distress, including de-esca6 lation techniques and crisis intervention; 

7 (iv) techniques for outreach to histori8 cally marginalized cultural communities 

9 and the development of linguistic proficien10 cies for law enforcement; 

11 (v) community relations; and 

12 (vi) best practices for referring per13 sons subject to extreme risk protection or14 ders and associated victims of violence to 

15 social service providers that may be avail16 able in the jurisdiction and appropriate for 

17 those individuals, including health care, 

18 mental health, substance abuse, and legal 

19 services, employment and vocational serv20 ices, housing assistance, case management, 

21 and veterans and disability benefits. 

22 (B) CONSULTATION WITH EXPERTS.—A 

23 recipient of a grant under this subsection, in 

24 developing law enforcement training required 

25 under subparagraph (A), shall seek advice from 


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1 domestic violence service providers (including 

2 culturally specific (as defined in section 40002 

3 of the Violence Against Women Act of 1994 (34 

4 U.S.C. 12291)) providers), social service pro5 viders, suicide prevention advocates, violence 

6 intervention specialists, law enforcement agen7 cies, mental health disability experts, and other 

8 community groups working to reduce suicides 

9 and violence, including domestic violence, within 

10 the State or the territory under the jurisdiction 

11 of the Indian Tribe, as applicable, that enacted 

12 the legislation described in subsection (c) that 

13 enabled the grant recipient to be an eligible en14 tity. 

15 (5) INCENTIVES.—For each of fiscal years 2023 

16 through 2027, the Attorney General shall give af17 firmative preference in awarding any discretionary 

18 grant awarded by the Office of Community Oriented 

19 Policing Services to a State or Indian Tribe that has 

20 enacted legislation described in subsection (c) or to 

21 a unit of local government or other public or private 

22 entity located in such a State or in the territory 

23 under the jurisdiction of such an Indian Tribe. 


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1 (6) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this section. 

4 (c) ELIGIBILITY FOR EXTREME RISK PROTECTION

5 ORDER GRANT PROGRAM.— 

6 (1) REQUIREMENTS.—Legislation described in 

7 this subsection is legislation that establishes require8 ments that are substantially similar to the following: 

9 (A) APPLICATION FOR EXTREME RISK

10 PROTECTION ORDER.—A petitioner, including a 

11 law enforcement officer, may submit an applica12 tion to a State or Tribal court, on a form de13 signed by the court or a State or Tribal agency, 

14 that— 

15 (i) describes the facts and cir16 cumstances justifying that an extreme risk 

17 protection order be issued against the 

18 named individual; and 

19 (ii) is signed by the applicant, under 

20 oath. 

21 (B) NOTICE AND DUE PROCESS.—The in22 dividual named in an application for an extreme 

23 risk protection order as described in subpara24 graph (A) shall be given written notice of the 


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1 application and an opportunity to be heard on 

2 the matter in accordance with this paragraph. 

3 (C) ISSUANCE OF EXTREME RISK PROTEC4 TION ORDERS.— 

5 (i) HEARING.— 

6 (I) IN GENERAL.—Upon receipt 

7 of an application described in sub8 paragraph (A) or request of an indi9 vidual named in such an application, 

10 the court shall order a hearing to be 

11 held within a reasonable time, and not 

12 later than 30 days after the date of 

13 the application or request. 

14 (II) DETERMINATION.—If the 

15 court finds at the hearing ordered 

16 under subclause (I), by a preponder17 ance of the evidence or according to a 

18 higher evidentiary standard estab19 lished by the State or Indian Tribe, 

20 that the respondent poses a danger of 

21 causing harm to self or others by hav22 ing access to a firearm, the court may 

23 issue an extreme risk protection order. 


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1 (ii) DURATION OF EXTREME RISK

2 PROTECTION ORDER.—An extreme risk 

3 protection order shall be in effect— 

4 (I) until an order terminating or 

5 superseding the extreme risk protec6 tion order is issued; or 

7 (II) for a set period of time. 

8 (D) EX PARTE EXTREME RISK PROTEC9 TION ORDERS.— 

10 (i) IN GENERAL.—Upon receipt of an 

11 application described in subparagraph (A), 

12 the court may issue an ex parte extreme 

13 risk protection order, if— 

14 (I) the application for an extreme 

15 risk protection order alleges that the 

16 respondent poses a danger of causing 

17 harm to self or others by having ac18 cess to a firearm; and 

19 (II) the court finds there is rea20 sonable cause to believe, or makes a 

21 finding according to a higher evi22 dentiary standard established by the 

23 State or Indian Tribe, that the re24 spondent poses a danger of causing 


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1 harm to self or others by having ac2 cess to a firearm. 

3 (ii) DURATION OF EX PARTE EX4 TREME RISK PROTECTION ORDER.—An ex 

5 parte extreme risk protection order shall 

6 remain in effect only until the hearing re7 quired under subparagraph (C)(i). 

8 (E) STORAGE OF REMOVED FIREARMS.— 

9 (i) AVAILABILITY FOR RETURN.—All 

10 firearms removed or surrendered pursuant 

11 to an extreme risk protection order shall 

12 only be available for return to the named 

13 individual when the individual has regained 

14 eligibility under Federal and State law, 

15 and, where applicable, Tribal law to pos16 sess firearms. 

17 (ii) CONSENT REQUIRED FOR DIS18 POSAL OR DESTRUCTION.—Firearms 

19 owned by a named individual may not be 

20 disposed of or destroyed during the period 

21 of the extreme risk protection order with22 out the consent of the named individual. 

23 (F) NOTIFICATION.— 

24 (i) IN GENERAL.— 


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1 (I) REQUIREMENT.—A State or 

2 Tribal court that issues an extreme 

3 risk protection order shall notify the 

4 Attorney General or the comparable 

5 State or Tribal agency, as applicable, 

6 of the order as soon as practicable or 

7 within a designated period of time. 

8 (II) FORM AND MANNER.—A 

9 State or Tribal court shall submit a 

10 notification under subclause (I) in an 

11 electronic format, in a manner pre12 scribed by the Attorney General or the 

13 comparable State or Tribal agency. 

14 (ii) UPDATE OF DATABASES.—As 

15 soon as practicable or within the time pe16 riod designated by State or Tribal law 

17 after receiving a notification under clause 

18 (i), the Attorney General or the com19 parable State or Tribal agency shall ensure 

20 that the extreme risk protection order is 

21 reflected in the National Instant Criminal 

22 Background Check System. 

23 (2) ADDITIONAL PROVISIONS.—Legislation de24 scribed in this subsection may— 


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1 (A) provide procedures for the termination 

2 of an extreme risk protection order; 

3 (B) provide procedures for the renewal of 

4 an extreme risk protection order; 

5 (C) establish burdens and standards of 

6 proof for issuance of orders described in para7 graph (1) that are substantially similar to or 

8 higher than the burdens and standards of proof 

9 set forth in that paragraph; 

10 (D) limit the individuals who may submit 

11 an application described in paragraph (1), pro12 vided that, at a minimum, law enforcement offi13 cers are authorized to do so; and 

14 (E) include any other authorizations or re15 quirements that the State or Tribal authorities 

16 determine appropriate. 

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

18 after the date on which an eligible entity receives a 

19 grant under subsection (b), and annually thereafter 

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

21 submit to the Attorney General a report that in22 cludes, with respect to the preceding year— 

23 (A) the number of petitions for ex parte 

24 extreme risk protection orders filed, as well as 


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1 the number of such orders issued and the num2 ber denied, disaggregated by— 

3 (i) the jurisdiction; 

4 (ii) the individual authorized under 

5 State or Tribal law to petition for an ex6 treme risk protection order, including the 

7 relationship of the individual to the re8 spondent; and 

9 (iii) the alleged danger posed by the 

10 respondent, including whether the danger 

11 involved a risk of suicide, unintentional in12 jury, domestic violence, or other inter13 personal violence; 

14 (B) the number of petitions for extreme 

15 risk protection orders filed, as well as the num16 ber of such orders issued and the number de17 nied, 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 (C) the number of petitions for renewals of 

5 extreme risk protection orders filed, as well as 

6 the number of such orders issued and the num7 ber denied; 

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

9 imposed a penalty for false reporting or frivo10 lous petitions; 

11 (E) demographic data of petitioners, in12 cluding race, ethnicity, national origin, sex, gen13 der, age, disability, average annual income, and 

14 English language proficiency, if available; 

15 (F) demographic data of respondents, in16 cluding race, ethnicity, national origin, sex, gen17 der, age, disability, average annual income, and 

18 English language proficiency, if available; and 

19 (G) the total number of firearms removed 

20 pursuant to extreme risk protection orders, and, 

21 if available, the number of firearms removed 

22 pursuant to each such order. 

23 SEC. 5. IDENTIFICATION RECORDS. 

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

25 amended— 


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1 (1) in subsection (a)— 

2 (A) in paragraph (3), by striking ‘‘and’’ at 

3 the end; 

4 (B) by redesignating paragraph (4) as 

5 paragraph (5); and 

6 (C) by inserting after paragraph (3) the 

7 following: 

8 ‘‘(4)(A) subject to subparagraph (B), acquire, 

9 collect, classify, and preserve records from Federal, 

10 Tribal, and State courts and other agencies identi11 fying individuals subject to extreme risk protection 

12 orders, as defined in section 4(a) of the Federal Ex13 treme Risk Protection Order Act of 2022; and 

14 ‘‘(B) destroy each record acquired or collected 

15 under subparagraph (A) when the applicable ex16 treme risk protection order expires or is terminated 

17 or dissolved; and’’; 

18 (2) in subsection (b), by striking ‘‘(a)(4)’’ and 

19 inserting ‘‘(a)(5)’’; and 

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

21 ‘‘(g) EXTREME RISK PROTECTION ORDERS IN NA22 TIONAL CRIME INFORMATION DATABASES.—A Federal, 

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

24 court may— 


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

2 defined in section 4 of the Federal Extreme Risk 

3 Protection Order Act of 2022, and Federal extreme 

4 risk protection orders, as defined in section 932 of 

5 title 18, in national crime information databases, as 

6 that term is defined in subsection (f)(3) of this sec7 tion; and 

8 ‘‘(2) have access to information regarding ex9 treme risk protection orders and Federal extreme 

10 risk protection orders through the national crime in11 formation databases.’’. 

12 SEC. 6. FULL FAITH AND CREDIT. 

13 (a) DEFINITIONS.—In this section, the terms ‘‘ex14 treme risk protection order’’, ‘‘Indian Tribe’’, and ‘‘State’’ 

15 have the meanings given those terms in section 4(a). 

16 (b) FULL FAITH AND CREDIT REQUIRED.—Any ex17 treme risk protection order issued under a State or Tribal 

18 law enacted in accordance with this Act shall be accorded 

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

20 or Indian Tribe (referred to in this subsection as the ‘‘en21 forcing State or Indian Tribe’’) and enforced by the court 

22 and law enforcement personnel of the other State or Tribal 

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

24 or Indian Tribe. 

25 (c) APPLICABILITY TO PROTECTION ORDERS.— 


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

2 a protection order issued by a State or Tribal court 

3 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 PROTECTION ORDERS.—For pur12 poses of paragraph (1)(B), in the case of an ex parte 

13 protection order, notice and opportunity to be heard 

14 shall be provided within the time required by State 

15 or Tribal law, and in any event within a reasonable 

16 time after the order is issued, sufficient to protect 

17 the due process rights of the respondent. 

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

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

20 jurisdiction to issue and enforce a protection order involv21 ing any person, including the authority to enforce any 

22 order through civil contempt proceedings, to exclude viola23 tors from Indian land, and to use other appropriate mech24 anisms, in matters arising anywhere in the Indian country 

25 (as defined in section 1151 of title 18, United States 


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1 Code) of the Indian Tribe or otherwise within the author2 ity of the Indian Tribe. 

3 SEC. 7. CONFORMING AMENDMENT. 

4 Section 3(1) of the NICS Improvement Amendments 

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

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

7 of section 922(g)’’. 

8 SEC. 8. SEVERABILITY. 

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

10 by this Act, or the application of such provision to any 

11 person or circumstance, is held to be invalid, the remain12 der of this Act, or an amendment made by this Act, or 

13 the application of such provision to other persons or cir14 cumstances, shall not be affected. 

15 SEC. 9. EFFECTIVE DATE. 

16 This Act and the amendments made by this Act shall 

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

18 of enactment of this Act. 

Passed the House of Representatives June 9, 2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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