I 

116TH CONGRESS 

1ST SESSION H. R. 744 

To provide States with funding to establish new tools to prevent suicide 

and violence, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2019 

Mr. KATKO (for himself, Mr. PETERSON, Mr. CURTIS, Mr. RODNEY DAVIS of 

Illinois, Mr. CUELLAR, and Mr. DIAZ-BALART) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide States with funding to establish new tools to 

prevent suicide and violence, and for other purposes. 

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 ‘‘Protecting Our Com5 munities and Rights Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘family member’’ means, with re9 spect to an individual, a spouse, child, parent, sib10 ling, grandchild, or grandparent of the individual, a 


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1 person with whom the individual shares a child in 

2 common, the legal guardian of the individual, or a 

3 person who cohabits or has cohabited with the indi4 vidual within the previous 12 months; 

5 (2) the term ‘‘firearm’’ has the meaning given 

6 the term in section 921 of title 18, United States 

7 Code; 

8 (3) the term ‘‘extreme risk protection order’’ 

9 means a written order, issued by a State court or 

10 signed by a magistrate prohibiting the respondent 

11 from purchasing, possessing, or receiving a firearm; 

12 and 

13 (4) the term ‘‘law enforcement officer’’ means 

14 a public servant authorized by State law or by a 

15 State government agency to engage in or supervise 

16 the prevention, detection, investigation, or prosecu17 tion of a criminal offense. 

18 SEC. 3. NATIONAL EXTREME RISK PROTECTION ORDER 

19 LAW. 

20 (a) ENACTMENT OF EXTREME RISK PROTECTION

21 ORDER LAW.—In order to receive a grant under section 

22 4, a State shall have in effect a law that authorizes the 

23 issuance of an extreme risk protection order in accordance 

24 with subsection (b). 


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1 (b) REQUIREMENTS FOR EXTREME RISK PROTEC2 TION ORDERS.—Legislation required under subsection (a) 

3 shall be subject to the following requirements: 

4 (1) GENERALIZED CONCERNS INSUFFICIENT.— 

5 A generalized concern related to any hazards posed 

6 by firearm ownership or use generally shall not con7 stitute sufficient basis for the issuance or renewal of 

8 an extreme risk protection order under this section. 

9 (2) APPLICATION FOR PRELIMINARY EX PARTE

10 EXTREME RISK PROTECTION ORDER.—A family 

11 member or a law enforcement officer, whether acting 

12 on the officer’s own initiative or in response to a 

13 complaint the officer has substantiated through 

14 independent investigation, may submit an applica15 tion to a State court for the issuance of a prelimi16 nary ex parte extreme risk protection order, on a 

17 form designed by the court, that— 

18 (A) describes the facts and circumstances 

19 necessitating that a preliminary ex parte ex20 treme risk protection order be issued against 

21 the respondent; 

22 (B) is signed by the applicant, under oath; 

23 and 

24 (C) includes any additional information re25 quired by the State court or magistrate to demVerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744

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1 onstrate that the respondent poses an immi2 nent, particularized, and substantial risk of un3 lawfully using a firearm to cause death or seri4 ous physical injury to himself or herself or to 

5 another person. 

6 (3) STANDARD FOR ISSUANCE OF A PRELIMI7 NARY EX PARTE ORDER.— 

8 (A) IN GENERAL.—A State court or mag9 istrate may issue a preliminary ex parte ex10 treme risk protection order upon finding by a 

11 preponderance of evidence that the respondent 

12 poses an imminent, particularized, and substan13 tial risk of unlawfully using a firearm to cause 

14 death or serious physical injury to himself or 

15 herself or to another person. No such order 

16 shall remain in effect for more than 21 days 

17 unless the respondent is detained for or submits 

18 to an evaluation for commitment to a mental 

19 institution or for assisted outpatient treatment, 

20 in which case the preliminary order may be ex21 tended for the duration of any such commit22 ment or treatment. Before issuing an order 

23 under this paragraph, the court or magistrate 

24 shall consider whether the respondent meets the 

25 applicable standard for involuntary observation, 


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1 temporary commitment, or any other procedure 

2 that begins the State’s process for involuntary 

3 commitment or assisted outpatient treatment. If 

4 the court or magistrate determines that the re5 spondent meets such standard, then, in addition 

6 to issuing a preliminary ex parte extreme risk 

7 protection order, the court or magistrate shall 

8 order the respondent to undergo a mental eval9 uation to determine the most appropriate treat10 ment, including involuntary commitment or as11 sisted outpatient treatment, and may issue an 

12 order requiring the respondent to undergo such 

13 treatment. 

14 (B) APPLICATION TO BE MADE UNDER

15 OATH.—A State court or magistrate shall, be16 fore issuing a preliminary ex parte extreme risk 

17 protection order— 

18 (i) examine under oath the individual 

19 who applied for the order under paragraph 

20 (2) and any witnesses the individual pro21 duces; or 

22 (ii) require that the individual or any 

23 witness submit a signed affidavit, subject 

24 to the penalties of perjury, which describes 


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1 the facts the applicant or witness believes 

2 establish the grounds of the application. 

3 (4) LIMITATION ON FIREARM PROHIBITIONS

4 BASED ON EX PARTE PROCEEDINGS.—Any restric5 tion imposed pursuant to a preliminary ex parte 

6 order, which is based on ex parte proceedings shall 

7 be limited to receiving firearms or transporting or 

8 carrying firearms in public. 

9 (5) REPORTING OF PRELIMINARY EX PARTE

10 EXTREME RISK PROTECTION ORDER.—The court 

11 shall notify the Department of Justice and com12 parable State agency of the issuance of the prelimi13 nary ex parte extreme risk protection order not later 

14 than 48 hours after issuing the order. Such notice 

15 shall be submitted in an electronic format, in a man16 ner prescribed by the Department of Justice and the 

17 comparable State agency. 

18 (6) HEARING ON A PERMANENT EXTREME RISK

19 PROTECTION ORDER.— 

20 (A) IN GENERAL.—Not later than 14 days 

21 after the date on which a court issues a prelimi22 nary ex parte extreme risk protection order, the 

23 issuing court, or another court in the same ju24 risdiction, shall hold a hearing to determine 

25 whether to issue a permanent extreme risk proVerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744

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1 tection order and, if applicable, whether to con2 tinue procedures for involuntary commitment or 

3 assisted outpatient treatment. The respondent 

4 shall have the opportunity to appear with coun5 sel, present opposing witnesses, and cross-exam6 ine the petitioner or any witnesses offered by 

7 the petitioner. 

8 (B) NOTICE.—A court may not issue a 

9 permanent extreme risk protection order unless 

10 the respondent receives actual notice of the 

11 hearing under subparagraph (A). 

12 (C) BURDEN OF PROOF.—At any hearing 

13 conducted under subparagraph (A), the State 

14 or petitioner shall have the burden of estab15 lishing by clear and convincing evidence that 

16 the respondent poses an imminent, particular17 ized, and substantial risk of unlawfully using a 

18 firearm to cause death or serious physical in19 jury to himself or herself or to another person. 

20 (D) REQUIREMENTS UPON ISSUANCE OF A

21 PERMANENT ORDER.—If the court finds by 

22 clear and convincing evidence that the respond23 ent poses an imminent, particularized, and sub24 stantial risk of unlawfully using a firearm to 

25 cause death or serious physical injury to himself 


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1 or herself or to another person, the following 

2 shall apply: 

3 (i) The respondent shall be prohibited 

4 from possessing or receiving, or attempting 

5 to possess or receive, a firearm for a period 

6 not to exceed 1 year. 

7 (ii) If the court determines that there 

8 is probable cause to believe that the re9 spondent possesses a firearm when the 

10 order is issued, the court shall issue a war11 rant ordering the seizure of such firearm 

12 and shall further order the firearm to be 

13 retained pursuant to paragraph (7) for the 

14 duration of the permanent extreme risk 

15 protection order. 

16 (7) SEIZURE AND TEMPORARY RETENTION OF

17 FIREARMS.— 

18 (A) IN GENERAL.—In the case that a law 

19 enforcement officer takes possession of a fire20 arm pursuant to a warrant issued pursuant to 

21 paragraph (6)(D)(ii), the law enforcement offi22 cer shall provide to the individual from whom 

23 the firearm was taken a receipt, which includes 

24 the make, model, caliber, finish, and serial 

25 number of any such firearm. In the case that 


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1 an individual is not present at the time of the 

2 seizure, the law enforcement officer shall post 

3 the receipt at the location from which the fire4 arm was seized. 

5 (B) CUSTODY OF SEIZED FIREARMS.—A 

6 firearm seized pursuant to paragraph (6)(D)(ii) 

7 shall, for the duration of the permanent ex8 treme risk protection order, be retained by the 

9 law enforcement agency that seized the firearm, 

10 or by a third party not prohibited from pos11 sessing or receiving a firearm, as specified by 

12 the court that issued the permanent extreme 

13 risk protection order. 

14 (C) LIMITATION ON SEIZURE OF FIRE15 ARMS.—In the case that the location to be 

16 searched during the execution of a warrant to 

17 enforce a permanent extreme risk protection 

18 order is occupied by multiple parties, and a law 

19 enforcement officer executing the search deter20 mines that a firearm that is located during the 

21 search is owned by an individual other than the 

22 respondent named in the warrant, the firearm 

23 may not be seized if— 

24 (i) the firearm will be stored in a 

25 manner that ensures that the respondent 


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1 named in the warrant does not have access 

2 to or control of the firearm; and 

3 (ii) there is no probable cause to be4 lieve that the owner of the firearm does 

5 not lawfully possess the firearm. 

6 (D) GUN SAFE.—In the case that the loca7 tion to be searched during the execution of a 

8 warrant issued pursuant to paragraph 

9 (6)(D)(ii) is occupied by multiple parties, and a 

10 law enforcement officer executing the search lo11 cates a gun safe, which the officer determines 

12 is owned by an individual other than the indi13 vidual named in the warrant, the contents of 

14 the gun safe shall not be searched except in the 

15 owner’s presence and with the owner’s consent. 

16 (E) RETURN OF FIREARM TO RIGHTFUL

17 OWNER.—In the case that any individual who is 

18 not subject to an extreme risk protection order 

19 can demonstrate title to a firearm seized pursu20 ant to a warrant issued pursuant to paragraph 

21 (6)(D)(ii), the firearm shall be returned to the 

22 lawful owner as soon as possible and without an 

23 additional order of a court. 

24 (8) PETITION FOR RESCISSION OF A PERMA25 NENT EXTREME RISK PROTECTION ORDER.—An inVerDate Sep 11 2014 22:41 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H744.IH H744

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1 dividual subject to a permanent extreme risk protec2 tion order may at any time during the effective pe3 riod of the order file one petition with the issuing 

4 court to rescind the permanent extreme risk protec5 tion order. The court shall hold a hearing on the pe6 tition within 14 days and grant the petition if the 

7 individual proves by a preponderance of evidence 

8 that his or her possession of a firearm does not pose 

9 an imminent, particularized, and substantial risk of 

10 death or serious bodily injury to the individual or 

11 another person. 

12 (9) RETURN OF FIREARMS TO INDIVIDUAL SUB13 JECT TO AN EXTREME RISK PROTECTION ORDER.— 

14 Any firearms seized pursuant to a warrant issued 

15 pursuant to paragraph (6)(D)(ii) shall be returned 

16 to the respondent within 5 business days of the expi17 ration or rescission of the order. Notwithstanding 

18 any other provision of law, the court may require 

19 that the respondent submit to an inquiry through 

20 the national instant criminal background check sys21 tem as a condition of receiving the firearm. 

22 (10) RENEWING AN EXTREME RISK PROTEC23 TION ORDER.—A family member or law enforcement 

24 officer may petition the court that issued a perma25 nent extreme risk protection order to renew the 


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1 order for a period not to exceed 1 year. The require2 ments and proceedings for renewal of an extreme 

3 risk protection order shall be the same as for the 

4 issuance of a permanent extreme risk protection 

5 order under paragraph (6). A permanent extreme 

6 risk protection order may not be renewed more than 

7 2 times. 

8 (11) NOTIFICATION.— 

9 (A) IN GENERAL.—Except as provided in 

10 paragraph (5), the court shall notify the De11 partment of Justice and comparable State 

12 agency of the issuance or renewal of an extreme 

13 risk protection order not later than 5 court 

14 days after issuing or renewing the order. The 

15 court shall also notify the Department of Jus16 tice and comparable State agency of the rescis17 sion or expiration of an extreme risk protection 

18 order not later than 5 court days after such re19 scission or expiration. Such notice shall be sub20 mitted in an electronic format, in a manner 

21 prescribed by the Department of Justice and 

22 the comparable State agency. 

23 (B) UPDATE OF DATABASES.—As soon as 

24 practicable after receiving a notification under 

25 paragraph (5) or subparagraph (A), but in no 


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1 case later than 48 hours, the Department of 

2 Justice and comparable State agency shall up3 date the background check databases of the De4 partment and agency, respectively, to reflect— 

5 (i) the issuance or renewal of the ex6 treme risk protection order; or 

7 (ii) the rescission or expiration of an 

8 extreme risk protection order. 

9 (c) CONFIDENTIALITY PROTECTIONS.—All informa10 tion provided to the Department of Justice and com11 parable State agency pursuant to legislation described 

12 under this section shall be kept confidential, separate, and 

13 apart from all other records maintained by the Depart14 ment of Justice and the comparable State agency. 

15 (d) RULE OF CONSTRUCTION.—The use of terms in 

16 a State law that differ from the terms used in this section, 

17 or the definitions in section 2, shall not affect the avail18 ability of funds to a State under this section, provided that 

19 the State otherwise complies with the substantive require20 ments of this section. A State may not receive funds under 

21 this section if does not meet the substantive requirements 

22 of this section, including required findings, evidentiary 

23 standards, burdens of proof, limitations on duration and 

24 renewal of orders, and rules governing the return of fire25 arms. 


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1 SEC. 4. PAUSE FOR SAFETY GRANT PROGRAM. 

2 (a) IN GENERAL.—The Director of the Office of 

3 Community Oriented Policing Services of the Department 

4 of Justice may make grants to an eligible State to assist 

5 the State in carrying out the provisions of the State legis6 lation described in section 3. 

7 (b) ELIGIBLE STATE.—A State shall be eligible to re8 ceive grants under this section beginning on the date on 

9 which— 

10 (1) the State enacts legislation described in sec11 tion 3; and 

12 (2) the Attorney General determines that the 

13 legislation of the State described in paragraph (1) 

14 complies with the requirements of section 3. 

15 (c) USE OF FUNDS.—Funds awarded under this sec16 tion may be used by a State to assist law enforcement 

17 agencies or the courts of the State in carrying out the 

18 provisions of the State legislation described in section 3. 

19 (d) APPLICATION.—A State seeking a grant under 

20 this section shall submit to the Director of the Office of 

21 Community Oriented Policing Services an application at 

22 such time, in such manner, and containing such informa23 tion, as the Director may reasonably require. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated such sums as may be nec26 essary to carry out this section. 


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1 SEC. 5. FEDERAL FIREARMS PROHIBITION. 

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

3 amended— 

4 (1) in subsection (d)— 

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

6 ‘‘or’’ at the end; 

7 (B) in paragraph (9), by striking the pe8 riod at the end and inserting ‘‘; or’’; and 

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

10 following: 

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

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

13 such person received actual notice, and at which 

14 such person had an opportunity to participate; 

15 ‘‘(B) restrains such person from possessing 

16 a firearm; 

17 ‘‘(C) includes a finding by clear and con18 vincing evidence that such person poses an im19 minent, particularized, and substantial risk of 

20 unlawfully using a firearm to cause death or se21 rious physical injury to himself or herself or to 

22 another person; and 

23 ‘‘(D) was initiated by a family member or 

24 law enforcement officer (as such terms are de25 fined under section 2 of the Protecting Our 

26 Communities and Rights Act of 2019).’’; and 


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1 (2) in subsection (g)— 

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

3 ‘‘or’’ at the end; 

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

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

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

7 following: 

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

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

10 such person received actual notice, and at which 

11 such person had an opportunity to participate; 

12 ‘‘(B) restrains such person from possessing 

13 a firearm; 

14 ‘‘(C) includes a finding by clear and con15 vincing evidence that such person poses an im16 minent, particularized, and substantial risk of 

17 unlawfully using a firearm to cause death or se18 rious physical injury to himself or herself or to 

19 another person; and 

20 ‘‘(D) was initiated by a family member or 

21 law enforcement officer (as such terms are de22 fined under section 2 of the Protecting Our 

23 Communities and Rights Act of 2019),’’. 


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1 SEC. 6. SEVERABILITY; NONPREEMPTION OF STATE AU2 THORITY. 

3 (a) SEVERABILITY.—If any provision of this Act, or 

4 an amendment made by this Act, or the application of 

5 such provision to any person or circumstance, is held to 

6 be invalid, the remainder of this Act, or an amendment 

7 made by this Act, or the application of such provision to 

8 other persons or circumstances, shall not be affected. 

9 (b) NONPREEMPTION.—Nothing in this Act, or an 

10 amendment made by this Act, shall be construed to— 

11 (1) limit the ability of a State to enact legisla12 tion with additional due process protections or addi13 tional rights for a respondent or subject of an ex14 treme risk protection order; or 

15 (2) supersede or contradict any State authority 

16 or law established or enacted before or after the date 

17 of enactment of this Act relating to the emergency 

18 removal of firearms from individuals determined to 

19 be an imminent danger to themselves or others. 

Æ 


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