I 

116TH CONGRESS 

1ST SESSION H. R. 1236 

To support State, Tribal, and local efforts to remove access to firearms 

from individuals who are a danger to themselves or others pursuant 

to court orders for this purpose. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2019 

Mr. CARBAJAL (for himself, Mr. FITZPATRICK, Mr. BEYER, Mr. DEUTCH, and 

Ms. BROWNLEY of California) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To support State, Tribal, and local efforts to remove access 

to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Extreme Risk Protec5 tion Order Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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

3 (A) a State or Indian Tribe— 

4 (i) that enacts legislation described in 

5 section 4; 

6 (ii) with respect to which the Attorney 

7 General determines that the legislation de8 scribed in clause (i) complies with the re9 quirements of section 4; and 

10 (iii) that certifies to the Attorney 

11 General that the State or Indian Tribe 

12 shall— 

13 (I) use the grant for the purposes 

14 described in section 3(b); and 

15 (II) allocate not less than 25 per16 cent of the amount received under a 

17 grant under section 3 for training for 

18 law enforcement; or 

19 (B) a unit of local government or other 

20 public or private entity that— 

21 (i) is located in a State or in the terri22 tory under the jurisdiction of an Indian 

23 Tribe that meets the requirements de24 scribed in clauses (i), (ii), (iii) of subpara25 graph (A); and 


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1 (ii) certifies to the Attorney General 

2 that the unit of local government or entity 

3 shall— 

4 (I) use the grant for the purposes 

5 described in section 3(b); and 

6 (II) allocate not less than 25 per7 cent of the amount received under a 

8 grant under section 3 for training for 

9 law enforcement. 

10 (2) EXTREME RISK PROTECTION ORDER.—The 

11 term ‘‘extreme risk protection order’’ means a writ12 ten order or warrant, issued by a State or Tribal 

13 court or signed by a magistrate (or other com14 parable judicial officer), the primary purpose of 

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

16 or injury by doing one or more of the following: 

17 (A) Prohibiting a named individual from 

18 having under the custody or control of the indi19 vidual, owning, purchasing, possessing, or re20 ceiving a firearm. 

21 (B) Having a firearm removed or requiring 

22 the surrender of firearms from a named indi23 vidual. 


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

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

3 United States Code. 

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

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

6 section 1709 of the Public Safety and Community 

7 Policing Act of 1994 (34 U.S.C. 10389). 

8 (5) LAW ENFORCEMENT OFFICER.—The term 

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

10 authorized by State, local, or Tribal law or by a 

11 State, local, or Tribal government agency to— 

12 (A) engage in or supervise the prevention, 

13 detection, investigation, or prosecution of an of14 fense; or 

15 (B) supervise sentenced criminal offenders. 

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

17 means an individual authorized under State or Trib18 al law to petition for an extreme risk protection 

19 order. 

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

21 (A) a State; 

22 (B) the District of Columbia; 

23 (C) the Commonwealth of Puerto Rico; 

24 and 


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1 (D) any other territory or possession of the 

2 United States. 

3 (8) UNIT OF LOCAL GOVERNMENT.—The term 

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

5 the term in section 901 of the Omnibus Crime Con6 trol and Safe Streets Act of 1968 (34 U.S.C. 

7 10251). 

8 SEC. 3. EXTREME RISK PROTECTION GRANT PROGRAM. 

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

10 Community Oriented Policing Services of the Department 

11 of Justice shall establish a program under which, from 

12 amounts made available to carry out this section, the Di13 rector may make grants to eligible entities to assist in car14 rying out the provisions of the legislation described in sec15 tion 4. 

16 (b) USE OF FUNDS.—Funds awarded under this sec17 tion may be used by an applicant to— 

18 (1) enhance the capacity of law enforcement 

19 agencies and the courts of a State, unit of local gov20 ernment, or Indian Tribe by providing personnel, 

21 training, technical assistance, data collection, and 

22 other resources to carry out legislation described in 

23 section 4; 

24 (2) train judges, court personnel, and law en25 forcement officers to more accurately identify indiVerDate Sep 11 2014 00:12 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1236.IH H1236

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1 viduals whose access to firearms poses a danger of 

2 causing harm to themselves or others by increasing 

3 the risk of firearms suicide or interpersonal violence; 

4 (3) develop and implement law enforcement and 

5 court protocols, forms, and orders so that law en6 forcement agencies and the courts may carry out the 

7 provisions of the legislation described in section 4 in 

8 a safe and effective manner, including through the 

9 removal and storage of firearms pursuant to extreme 

10 risk protection orders under the legislation; and 

11 (4) raise public awareness and understanding of 

12 the legislation described in section 4 so that extreme 

13 risk protection orders may be issued in appropriate 

14 situations to reduce the risk of firearms-related 

15 death and injury. 

16 (c) APPLICATION.—An eligible entity desiring a grant 

17 under this section shall submit to the Attorney General 

18 an application at such time, in such manner, and con19 taining or accompanied by such information as the Attor20 ney General may reasonably require. 

21 (d) INCENTIVES.—For each of fiscal years 2020 

22 through 2024, the Attorney General shall give affirmative 

23 preference in awarding any discretionary grant awarded 

24 by the Bureau of Justice Assistance to a State or Indian 

25 Tribe that has enacted legislation described in section 4. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section. 

4 SEC. 4. NATIONAL EXTREME RISK PROTECTION ORDER 

5 LAW. 

6 (a) REQUIREMENTS.—Legislation described in this 

7 section is legislation that establishes requirements that are 

8 substantially similar to the following: 

9 (1) APPLICATION FOR EXTREME RISK PROTEC10 TION ORDER.—A petitioner, including a law enforce11 ment officer, may submit an application to a State 

12 or Tribal court, on a form designed by the court or 

13 a State or Tribal agency, that— 

14 (A) describes the facts and circumstances 

15 justifying that an extreme risk protection order 

16 be issued against the named individual; and 

17 (B) is signed by the applicant, under oath. 

18 (2) NOTICE.—The individual named in an ap19 plication for an extreme risk protection order as de20 scribed in paragraph (1) shall be given written no21 tice of the application and an opportunity to be 

22 heard on the matter in accordance with this section. 

23 (3) ISSUANCE OF EXTREME RISK PROTECTION

24 ORDERS.— 

25 (A) HEARING.— 


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1 (i) IN GENERAL.—Upon receipt of an 

2 application described in paragraph (1), the 

3 court shall order a hearing to be held not 

4 later than 30 days after the date of such 

5 application. 

6 (ii) DETERMINATION.—If the court 

7 finds by a preponderance of the evidence 

8 that the respondent poses a danger of 

9 causing harm to himself, herself, or others 

10 by having access to a firearm, the court 

11 may issue an extreme risk protection 

12 order. 

13 (B) LENGTH OF EXTREME RISK PROTEC14 TION ORDER.—An extreme risk protection order 

15 shall be in effect for a period not to exceed 1 

16 year, unless renewed. 

17 (4) EX PARTE EXTREME RISK PROTECTION OR18 DERS.— 

19 (A) IN GENERAL.—Upon receipt of an ap20 plication described in paragraph (1), the court 

21 may issue an ex parte extreme risk protection 

22 order before conducting the hearing required 

23 under paragraph (3), if— 

24 (i) the application for an extreme risk 

25 protection order alleges that the respondVerDate Sep 11 2014 00:12 Feb 28, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1236.IH H1236

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1 ent poses a danger of causing harm to 

2 himself, herself, or others in the near fu3 ture by having access to a firearm; and 

4 (ii) the court finds there is reasonable 

5 cause to believe that the respondent poses 

6 a danger of causing harm to himself, her7 self, or others in the near future by having 

8 access to a firearm. 

9 (B) LENGTH OF EX PARTE EXTREME RISK

10 PROTECTION ORDER.—An ex parte extreme risk 

11 protection order shall be in effect for a period 

12 not to exceed 30 days, unless continued for 

13 good cause. 

14 (5) STORAGE OF REMOVED FIREARMS.—All 

15 firearms removed or surrendered pursuant to an ex16 treme risk protection order shall be retained by a 

17 law enforcement officer or a law enforcement agency 

18 until the named individual regains his or her eligi19 bility to possess firearms, except that the legislation 

20 may authorize a law enforcement agency to— 

21 (A) contract with a manufacturer, dealer, 

22 or importer licensed under chapter 44 of title 

23 18, United States Code, for the secure storage 

24 of firearms; and 


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1 (B) transfer the firearm upon proof that 

2 the named individual will no longer have access 

3 to the firearm. 

4 (6) NOTIFICATION.— 

5 (A) IN GENERAL.—A State or tribal court 

6 that issues an extreme risk protection order 

7 shall notify the Department of Justice or the 

8 comparable State or Tribal agency, as applica9 ble, of the order as soon as practicable. Such 

10 notice shall be submitted in an electronic for11 mat, in a manner prescribed by the Department 

12 of Justice or the comparable State or Tribal 

13 agency. 

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

15 practicable after receiving a notification under 

16 subparagraph (A), the Department of Justice 

17 or the comparable State or Tribal agency shall 

18 ensure the extreme risk protection order is re19 flected in the National Instant Criminal Back20 ground Check System. 

21 (7) CONFIDENTIALITY PROTECTIONS.—All per22 sonally identifiable information provided to the 

23 court, the Department of Justice, and comparable 

24 State or Tribal agencies shall be kept confidential, 

25 except as necessary to carry out the legislation. 


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1 (b) ADDITIONAL AUTHORITIES.—Legislation de2 scribed in this section may— 

3 (1) provide procedures for the termination of an 

4 extreme risk protection order; 

5 (2) provide procedures for the renewal of an ex6 treme risk protection order; 

7 (3) establish burdens of proof for issuance of 

8 orders described in paragraphs (3) and (4) of sub9 section (a) that are higher than the burdens of proof 

10 required under those paragraphs; and 

11 (4) limit the individuals who may submit an ap12 plication described in subsection (a)(1), provided 

13 that, at a minimum, law enforcement officers are 

14 authorized to do so. 

15 SEC. 5. FEDERAL FIREARMS PROHIBITION. 

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

17 amended— 

18 (1) in subsection (d)— 

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

20 ‘‘or’’ at the end; 

21 (B) in paragraph (9), by striking the pe22 riod at the end and inserting ‘‘; or’’; and 

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

24 following: 


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1 ‘‘(10) is subject to a court order that prohibits 

2 such person from having under his or her custody or 

3 control, owning, purchasing, possessing, or receiving 

4 any firearms, or requires the surrender or removal 

5 of firearms from the person, provided that the 

6 order— 

7 ‘‘(A) is issued in a manner consistent with 

8 the due process rights of the person; and 

9 ‘‘(B) is based on a finding that the person 

10 poses a danger of causing harm to himself, her11 self, or others by having access to a firearm.’’; 

12 and 

13 (2) in subsection (g)— 

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

15 ‘‘or’’ at the end; 

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

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

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

19 following: 

20 ‘‘(10) is subject to a court order that prohibits 

21 such person from having under his or her custody or 

22 control, owning, purchasing, possessing, or receiving 

23 any firearms, or requires the surrender or removal 

24 of firearms from the person, provided that the 

25 order— 


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1 ‘‘(A) is issued in a manner consistent with 

2 the due process rights of the person; and 

3 ‘‘(B) is based on a finding that the person 

4 poses a danger of causing harm to himself, her5 self, or others by having access to a firearm,’’. 

6 SEC. 6. CONFORMING AMENDMENT. 

7 Section 3(1) of the NICS Improvement Amendments 

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

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

10 of section 922(g)’’. 

11 SEC. 7. FULL FAITH AND CREDIT. 

12 Any extreme risk protection order issued under a 

13 State or Tribal law enacted in accordance with this Act 

14 shall be accorded the same full faith and credit by the 

15 court of another State or Indian Tribe (the enforcing 

16 State or Indian Tribe) and enforced by the court and law 

17 enforcement personnel of the other State or Tribal govern18 ment as if it were the order of the enforcing State or 

19 Tribe. 

20 SEC. 8. SEVERABILITY. 

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

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

23 person or circumstance, is held to be invalid, the remain24 der of this Act, or an amendment made by this Act, or 


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1 the application of such provision to other persons or cir2 cumstances, shall not be affected. 

Æ 


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