II 

115TH CONGRESS 

2D SESSION S. 2607 

To provide family members of an individual who they fear is a danger 

to himself, herself, or others, or law enforcement, with new tools to 

prevent gun violence. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2018 

Mr. RUBIO (for himself, Mr. NELSON, and Mr. REED) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide family members of an individual who they fear 

is a danger to himself, herself, or others, or law enforcement, with new tools to prevent gun violence. 

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 and Violence Prevention Act of 2018’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) each State and Indian tribe should enact ex9 treme risk protection order legislation described in 


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1 part NN of title I of the Omnibus Crime Control 

2 and Safe Streets Act of 1968, as added by section 

3 3; and 

4 (2) such extreme risk protection order legisla5 tion is an important tool in the efforts of States and 

6 Indian tribes to ensure that firearms and ammuni7 tion are kept out of the hands of individuals whom 

8 a court has determined to be a significant danger to 

9 themselves or others. 

10 SEC. 3. EXTREME RISK PROTECTION ORDER GRANT PRO11 GRAM. 

12 (a) IN GENERAL.—Title I of the Omnibus Crime 

13 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 

14 et seq.) is amended by adding at the end the following: 

15 ‘‘PART NN—EXTREME RISK PROTECTION ORDER 

16 GRANT PROGRAM 

17 ‘‘SEC. 3041. DEFINITIONS. 

18 ‘‘In this title— 

19 ‘‘(1) the terms ‘ammunition’ and ‘firearm’ have 

20 the meanings given those terms in section 921(a) of 

21 title 18, United States Code; 

22 ‘‘(2) the term ‘extreme risk protection order’ 

23 means a written order, issued by a State or tribal 

24 court or signed by a magistrate that, for a period 

25 not to exceed 12 months— 


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1 ‘‘(A) prohibits the individual named in the 

2 order from having under the custody or control 

3 of the individual, purchasing, possessing, or re4 ceiving any firearms; and 

5 ‘‘(B) requires a firearm be removed; 

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

7 means, with respect to an individual, any— 

8 ‘‘(A) individual related by blood, marriage, 

9 or adoption to the respondent; 

10 ‘‘(B) dating partner (as defined in section 

11 2266 of title 18, United States Code) of the re12 spondent; 

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

14 with the respondent, regardless of whether the 

15 individual has— 

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

17 or 

18 ‘‘(ii) lived together with the respond19 ent at any time; 

20 ‘‘(D) an individual who resides or has re21 sided with the respondent during the past year; 

22 ‘‘(E) a spouse or intimate partner (as de23 fined in section 2266 of title 18, United States 

24 Code) of the respondent; 


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1 ‘‘(F) individual who has a biological or 

2 legal parent-child relationship with the respond3 ent, including a stepparent-stepchild and grand4 parent-grandchild relationship; and 

5 ‘‘(G) any individual who is acting or has 

6 acted as the legal guardian of the respondent; 

7 ‘‘(4) the term ‘Indian tribe’ has the meaning 

8 given the term in section 4 of the Indian Self-Deter9 mination and Education Assistance Act (25 U.S.C. 

10 5304); 

11 ‘‘(5) the term ‘petitioner’ means the family or 

12 household member, or law enforcement officer, who 

13 submits a petition for an extreme risk protection 

14 order under section 3042(b)(1); 

15 ‘‘(6) the term ‘qualifying State or tribal law’ 

16 means a law of a State or Indian tribe that the At17 torney General has determined to be in compliance 

18 with the minimum requirements described in section 

19 3042; 

20 ‘‘(7) the term ‘respondent’ means an individual 

21 who is named in a petition for an extreme risk pro22 tection order under section 3042(b)(1); 

23 ‘‘(8) the term ‘State’ means— 

24 ‘‘(A) a State; 

25 ‘‘(B) the District of Columbia; 


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1 ‘‘(C) the Commonwealth of Puerto Rico; 

2 and 

3 ‘‘(D) any other territory or possession of 

4 the United States; and 

5 ‘‘(9) the term ‘temporary ex parte extreme risk 

6 protection order’ means a written order, issued by a 

7 State court or signed by a magistrate prohibiting a 

8 named individual from possessing, purchasing, re9 ceiving, or transporting a firearm after the date on 

10 which the order is issued until the date on which the 

11 hearing for the extreme risk protection order is held. 

12 ‘‘SEC. 3042. EXTREME RISK PROTECTION ORDER LEGISLA13 TION. 

14 ‘‘(a) ENACTMENT OF EXTREME RISK PROTECTION

15 ORDER LEGISLATION.—In order to receive a grant under 

16 section 3043, each State or Indian tribe shall have in ef17 fect a qualifying State or tribal law. 

18 ‘‘(b) MINIMUM REQUIREMENTS FOR EXTREME RISK

19 PROTECTION ORDERS.—A qualifying State or tribal law 

20 shall have in effect the following minimum requirements 

21 for the issuance of an extreme risk protection order: 

22 ‘‘(1) PETITION FOR EXTREME RISK PROTEC23 TION ORDER.— 

24 ‘‘(A) IN GENERAL.—A family or household 

25 member of an individual, or a law enforcement 


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1 officer, may submit a petition to a State or 

2 tribal court, on a form designed by the courts 

3 administrator of the State or similar office, 

4 that— 

5 ‘‘(i) describes the facts and cir6 cumstances necessitating that an extreme 

7 risk protection order be issued against the 

8 respondent because the respondent poses a 

9 significant danger of causing personal in10 jury to himself or herself or others by— 

11 ‘‘(I) having a firearm or ammuni12 tion in his or her custody or control; 

13 or 

14 ‘‘(II) purchasing, possessing, or 

15 receiving a firearm or ammunition; 

16 ‘‘(ii) is accompanied by a sworn affi17 davit, signed by the petitioner, stating the 

18 specific facts that give rise to reasonable 

19 fear of significant dangerous acts by the 

20 respondent; 

21 ‘‘(iii) identifies the quantities, types, 

22 and locations of all firearms and ammuni23 tion the petitioner believes to be in the cur24 rent ownership, possession, custody, or 

25 control of the respondent; and 


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1 ‘‘(iv) identifies whether there is a 

2 known extreme risk protection order al3 ready in effect against the respondent. 

4 ‘‘(B) GOOD FAITH NOTICE.—A petitioner 

5 who submits a petition under subparagraph (A) 

6 shall be required to make a good faith effort to 

7 provide notice to other family or household 

8 members of the respondent, or to any other 

9 known third party, who may be at risk of vio10 lence because of the submission of such peti11 tion. 

12 ‘‘(2) ISSUANCE OF EXTREME RISK PROTECTION

13 ORDERS.— 

14 ‘‘(A) HEARING.— 

15 ‘‘(i) IN GENERAL.—Upon receipt of a 

16 petition under paragraph (1), the court 

17 shall— 

18 ‘‘(I) order a hearing to be held 

19 not later than 14 days after the date 

20 of such order; and 

21 ‘‘(II) issue a notice of the hear22 ing ordered under subclause (I) to the 

23 respondent. 

24 ‘‘(ii) TELEPHONE HEARING.—A court 

25 may conduct the hearing required under 


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1 clause (i) by telephone, pursuant to local 

2 court rules. 

3 ‘‘(iii) DETERMINATION.—If the court 

4 finds by clear and convincing evidence that 

5 the respondent poses a significant danger 

6 of causing personal injury to himself or 

7 herself or others by having in his or her 

8 custody or control, or by purchasing, pos9 sessing, or receiving, a firearm or ammuni10 tion, the court shall issue an extreme risk 

11 protection order for a period the court de12 termines is appropriate, which may not ex13 ceed 12 months. 

14 ‘‘(B) CONSIDERATION OF EVIDENCE.— 

15 ‘‘(i) IN GENERAL.—In determining 

16 whether to issue an extreme risk protection 

17 order, the court— 

18 ‘‘(I) may consider relevant evi19 dence, such as— 

20 ‘‘(aa) a recent threat or act 

21 of violence by the respondent 

22 against himself or herself or oth23 ers; 

24 ‘‘(bb) a threat or act of vio25 lence by the respondent against 


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1 himself or herself or others in the 

2 past 12 months; 

3 ‘‘(cc) evidence of a serious 

4 mental illness; 

5 ‘‘(dd) a previously issued ex6 treme risk protection order or a 

7 violation of a previously issued 

8 extreme risk protection order; 

9 ‘‘(ee) whether the respond10 ent has been convicted of a crime 

11 of domestic violence or other vio12 lence; 

13 ‘‘(ff) whether the respondent 

14 has used or threatened to use 

15 weapons against himself or her16 self or others; 

17 ‘‘(gg) the unlawful use of a 

18 firearm by the respondent; 

19 ‘‘(hh) the recurring use or 

20 threat of use of physical force 

21 against another person or stalk22 ing another person; 

23 ‘‘(ii) corroborated evidence 

24 of the abuse of controlled subVerDate Sep 11 2014 21:15 Apr 04, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2607.IS S2607

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1 stances or alcohol by the re2 spondent; 

3 ‘‘(jj) relevant information 

4 from family or household mem5 bers concerning the respondent; 

6 and 

7 ‘‘(kk) witness testimony 

8 taken while the witness is under 

9 oath relating to the matter before 

10 the court; and 

11 ‘‘(II) shall consider whether a 

12 mental health evaluation or chemical 

13 dependency evaluation is appropriate. 

14 ‘‘(ii) PRESENTATION OF EVIDENCE.— 

15 Anyone who offers evidence or recommen16 dations relating to the petition submitted 

17 under paragraph (1) shall— 

18 ‘‘(I) present the evidence or rec19 ommendations in writing to the court 

20 and submit a copy of such evidence or 

21 recommendations to each party or the 

22 attorney for a party; or 

23 ‘‘(II) present the evidence under 

24 oath at a hearing at which all parties 

25 are present. 


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1 ‘‘(iii) MENTAL HEALTH AND CHEM2 ICAL DEPENDENCY EVALUATIONS.—If a 

3 court determines that a mental health eval4 uation or chemical dependency evaluation 

5 is appropriate under clause (i)(II), the 

6 court may order the appropriate evalua7 tion. 

8 ‘‘(C) CONTENTS OF ORDER.—If a court 

9 issues an extreme risk protection order, the 

10 order shall contain— 

11 ‘‘(i) a statement on the grounds sup12 porting the issuance of the order; 

13 ‘‘(ii) the date on which the order was 

14 issued; 

15 ‘‘(iii) the date on which the order ex16 pires; 

17 ‘‘(iv) whether a mental health evalua18 tion or chemical dependency evaluation of 

19 the respondent is required; 

20 ‘‘(v) the address of the court in which 

21 a responsive pleading may be filed; 

22 ‘‘(vi) a description of the requirements 

23 for surrender of all firearms and ammuni24 tion owned by the respondent; and 


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1 ‘‘(vii) a clear statement of instruction 

2 on surrendering to the appropriate local 

3 law enforcement agency all firearms and 

4 ammunition owned by the respondent or in 

5 the custody, control, or possession of the 

6 respondent and any license to carry a con7 cealed weapon or firearm issued pursuant 

8 to the laws of the State or Indian tribe, 

9 which shall include— 

10 ‘‘(I) a clear statement that the 

11 respondent may not, during the period 

12 for which the order is in effect— 

13 ‘‘(aa) have in the control or 

14 custody of the respondent a fire15 arm or ammunition; or 

16 ‘‘(bb) purchase, possess, or 

17 receive, or attempt to do so, a 

18 firearm or ammunition; and 

19 ‘‘(II) a clear description of the 

20 right of the respondent to request not 

21 less than 1 hearing to vacate the 

22 order and, if the order is renewed, to 

23 request a hearing to vacate such re24 newal. 


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1 ‘‘(D) DENIAL OF EXTREME RISK PROTEC2 TION ORDER.—If a court declines to issue an 

3 extreme risk protection order applied for under 

4 this paragraph, the court shall issue a written 

5 statement describing the specific reasons for de6 clining to issue such order. 

7 ‘‘(3) TEMPORARY EX PARTE EXTREME RISK

8 PROTECTION ORDER.— 

9 ‘‘(A) IN GENERAL.—Upon receipt of a pe10 tition under paragraph (1), the court may issue 

11 a temporary ex parte extreme risk protection 

12 order before conducting the hearing required 

13 under paragraph (2), if— 

14 ‘‘(i) a request for a temporary ex 

15 parte extreme risk protection order is in16 cluded in the petition and includes detailed 

17 allegations based on personal knowledge 

18 that the respondent poses a significant 

19 danger of causing personal injury to him20 self or herself or others in the near future 

21 by having in his or her custody or control, 

22 or by purchasing, possessing, or receiving, 

23 a firearm or ammunition; and 

24 ‘‘(ii) the court finds there is probable 

25 cause to believe that the respondent poses 


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1 a significant danger of causing personal in2 jury to himself or herself or others in the 

3 near future by having in his or her custody 

4 or control, or by purchasing, possessing, or 

5 receiving, a firearm or ammunition. 

6 ‘‘(B) REQUIREMENTS.—In determining 

7 whether to issue a temporary ex parte extreme 

8 risk protection order, the court shall— 

9 ‘‘(i) conduct a hearing, either in per10 son or by telephone, pursuant to local 

11 court rules, on the date on which the peti12 tion is filed or on the business day imme13 diately following such date; and 

14 ‘‘(ii) consider all relevant evidence, 

15 such as— 

16 ‘‘(I) a recent threat or act of vio17 lence by the respondent against him18 self or herself or others; 

19 ‘‘(II) a threat or act of violence 

20 by the respondent against himself or 

21 herself or others in the past 12 

22 months; 

23 ‘‘(III) evidence of a serious men24 tal illness; 


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1 ‘‘(IV) a previously issued extreme 

2 risk protection order or a violation of 

3 a previously issued extreme risk pro4 tection order; 

5 ‘‘(V) whether the respondent has 

6 been convicted of a crime of domestic 

7 violence or other violence; 

8 ‘‘(VI) whether the respondent 

9 has used or threatened to use weap10 ons against himself or herself or oth11 ers; 

12 ‘‘(VII) the unlawful use of a fire13 arm by the respondent; 

14 ‘‘(VIII) the recurring use or 

15 threat of use of physical force against 

16 another person or stalking another 

17 person; 

18 ‘‘(IX) corroborated evidence of 

19 the abuse of controlled substances or 

20 alcohol by the respondent; 

21 ‘‘(X) relevant information from 

22 family or household members con23 cerning the respondent; and 


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1 ‘‘(XI) witness testimony taken 

2 while the witness is under oath relat3 ing to the matter before the court. 

4 ‘‘(C) NOTICE.—If a court issues a tem5 porary ex parte extreme risk protection order, 

6 the court shall provide notice of the temporary 

7 ex parte firearm violence order to the respond8 ent concurrently with the notice of hearing re9 quired under paragraph (2)(A)(i)(II). 

10 ‘‘(D) CONTENTS OF ORDER.—If a court 

11 issues a temporary ex parte extreme risk pro12 tection order, the order shall include, at a min13 imum— 

14 ‘‘(i) a statement for the grounds of 

15 the order; 

16 ‘‘(ii) the date on which the order was 

17 issued; 

18 ‘‘(iii) the date and time of the hearing 

19 on the extreme risk protection order; 

20 ‘‘(iv) the address of the court in which 

21 a responsive pleading may be filed; 

22 ‘‘(v) a clear description of the require23 ments and process for surrender of fire24 arms and ammunition; and 


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1 ‘‘(vi) a clear statement outlining the 

2 prohibitions and rights of the respondent 

3 under the order, including— 

4 ‘‘(I) a clear statement that the 

5 respondent may consult an attorney; 

6 and 

7 ‘‘(II) a clear statement that fail8 ure of the respondent to appear at the 

9 hearing described in clause (iii) may 

10 result in an extreme risk protection 

11 order being issued for a period not to 

12 exceed 12 months. 

13 ‘‘(4) TERMINATION AND EXTENSION OF EX14 TREME RISK PROTECTION ORDERS.— 

15 ‘‘(A) HEARING TO VACATE ORDER.— 

16 ‘‘(i) IN GENERAL.—A respondent may 

17 request not less than 1 hearing to vacate 

18 an extreme risk protection order issued 

19 against the respondent. 

20 ‘‘(ii) HEARING.—Not later than 30 

21 days after the date on which a petitioner 

22 is notified of the request of the respondent 

23 to vacate an extreme risk protection order, 

24 the court shall conduct a hearing on the 

25 request. 


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1 ‘‘(iii) DETERMINATION.— 

2 ‘‘(I) IN GENERAL.—The court 

3 shall vacate an extreme risk protec4 tion order if the respondent dem5 onstrates by clear and convincing evi6 dence that the respondent does not 

7 pose a significant danger of causing 

8 personal injury to himself or herself 

9 or others by having in his or her cus10 tody or control, or by purchasing, pos11 sessing, or receiving, a firearm or am12 munition. 

13 ‘‘(II) CONSIDERATIONS.—In 

14 making a determination under this 

15 subparagraph, the court may consider 

16 relevant evidence, such as— 

17 ‘‘(aa) a recent threat or act 

18 of violence by the respondent 

19 against himself or herself or oth20 ers; 

21 ‘‘(bb) a threat or act of vio22 lence by the respondent against 

23 himself or herself or others in the 

24 past 12 months; 


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1 ‘‘(cc) evidence of a serious 

2 mental illness; 

3 ‘‘(dd) a previously issued ex4 treme risk protection order or a 

5 violation of a previously issued 

6 extreme risk protection order; 

7 ‘‘(ee) whether the respond8 ent has been convicted of a crime 

9 of domestic violence or other vio10 lence; 

11 ‘‘(ff) whether the respondent 

12 has used or threatened to use 

13 weapons against himself or her14 self or others; 

15 ‘‘(gg) the unlawful use of a 

16 firearm by the respondent; 

17 ‘‘(hh) the recurring use or 

18 threat of use of physical force 

19 against another person or stalk20 ing another person; 

21 ‘‘(ii) corroborated evidence 

22 of the abuse of controlled sub23 stances or alcohol by the re24 spondent; 


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1 ‘‘(jj) relevant information 

2 from family or household mem3 bers concerning the respondent; 

4 and 

5 ‘‘(kk) witness testimony 

6 taken while the witness is under 

7 oath relating to the matter before 

8 the court. 

9 ‘‘(iv) NOTICE TO LAW ENFORCEMENT

10 OFFICIALS.—If a court vacates an extreme 

11 risk protection order under this subpara12 graph, the court shall provide notice to the 

13 relevant law enforcement agency of such 

14 determination and the law enforcement 

15 agency shall promptly return any surren16 dered firearms and ammunition to the re17 spondent. 

18 ‘‘(B) EXTENSION OF ORDER.— 

19 ‘‘(i) NOTICE TO PETITIONER.—Not 

20 later than 30 days before the date on 

21 which an extreme risk protection order is 

22 set to expire, the court shall provide notice 

23 to the petitioner of such expiration date. 

24 ‘‘(ii) REQUEST FOR EXTENSION.— 

25 During the 30-day period described in 


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1 clause (i), a petitioner may submit a re2 quest to extend the extreme risk protection 

3 order. 

4 ‘‘(iii) HEARING.—Upon receipt of a 

5 request for an extension under clause (ii), 

6 the court shall schedule, provide notice for, 

7 and conduct a hearing in accordance with 

8 the requirements described in paragraph 

9 (2)(A). 

10 ‘‘(iv) DETERMINATION.—If a court 

11 finds that there is clear and convincing evi12 dence that the respondent poses a signifi13 cant danger of causing personal injury to 

14 himself or herself or others by having in 

15 his or her custody or control, or by pur16 chasing, possessing, or receiving, a firearm 

17 or ammunition, the court shall extend the 

18 extreme risk protection order for a period 

19 the court determines is appropriate, which 

20 may not exceed 12 months. 

21 ‘‘(c) MINIMUM REQUIREMENTS FOR SURRENDER OF

22 FIREARMS AND AMMUNITION.—A qualifying State or trib23 al law shall have in effect the following minimum require24 ments for the surrender of firearms and ammunition: 


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1 ‘‘(1) SURRENDER OF FIREARMS AND AMMUNI2 TION.—Upon issuance of a temporary ex parte ex3 treme risk protection order or extreme risk protec4 tion order under subsection (b), a respondent shall 

5 surrender all firearms and ammunition in the cus6 tody or control of the respondent to the appropriate 

7 local law enforcement agency, as determined by the 

8 State or Indian tribe. 

9 ‘‘(2) RECEIPT FOR SURRENDERED FIREARMS

10 AND AMMUNITION.—The local law enforcement 

11 agency that takes custody of any firearms or ammu12 nition surrendered under paragraph (1) shall— 

13 ‘‘(A) issue to the respondent a receipt 

14 identifying all firearms and ammunition that 

15 have been surrendered; and 

16 ‘‘(B) not later than 72 hours after taking 

17 custody of the firearms and ammunition, file a 

18 copy of such receipt with the court. 

19 ‘‘(3) ISSUANCE OF WARRANT.—If a court re20 ceives sworn testimony from an individual alleging 

21 that not all firearms required to be surrendered by 

22 a respondent under a temporary ex parte extreme 

23 risk protection order or extreme risk protection 

24 order have been surrendered, the court shall issue a 

25 warrant for the seizure of the remaining firearms or 


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1 ammunition if the court determines that probable 

2 cause exists to believe the respondent has failed to 

3 surrender any firearms or ammunition. 

4 ‘‘(d) OTHER REQUIREMENTS.—A qualifying State or 

5 tribal law shall— 

6 ‘‘(1) make clear accommodations for the case in 

7 which an individual other than the respondent 

8 claims title to any firearms or ammunition required 

9 to be surrendered under a temporary ex parte ex10 treme risk protection order or extreme risk protec11 tion order; 

12 ‘‘(2) have clear instruction about the immediate 

13 return of firearms to a respondent upon the expira14 tion of a temporary ex parte extreme risk protection 

15 order or extreme risk protection order; 

16 ‘‘(3) provide clear instructions for the reporting 

17 of a temporary ex parte extreme risk protection 

18 order or extreme risk protection order to the appro19 priate Federal, State, and tribal databases; 

20 ‘‘(4) establish a felony criminal offense for 

21 knowingly making a false statement under oath in a 

22 hearing relating to a temporary ex parte extreme 

23 risk protection order or extreme risk protection 

24 order regarding any material matter; 


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1 ‘‘(5) establish a felony criminal offense for an 

2 individual to receive or possess a firearm or ammu3 nition with knowledge that the individual is subject 

4 to a temporary ex parte extreme risk protection 

5 order or extreme risk protection order; 

6 ‘‘(6) a clear statement that use of the authority 

7 in the qualifying State or tribal law does not affect 

8 the ability of a law enforcement officer to use any 

9 other lawful authority to effect the surrender of a 

10 firearm, ammunition, or concealed carry permit; and 

11 ‘‘(7) clear direction for State or tribal courts to 

12 implement the procedures described in this section. 

13 ‘‘(e) ADDITIONAL AUTHORITY.—A qualifying State 

14 or tribal law may provide for— 

15 ‘‘(1) notice and hearing requirements in addi16 tion to the requirements described in this section; 

17 ‘‘(2) a timely background check under Federal 

18 and State law before a law enforcement agency re19 turns any surrendered firearms and ammunition to 

20 a respondent after the expiration of a temporary ex 

21 parte extreme risk protection order or extreme risk 

22 protection order; 

23 ‘‘(3) a requirement that family or household 

24 members of a respondent be notified before a law 


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1 enforcement agency returns any surrendered fire2 arms and ammunition to the respondent; and 

3 ‘‘(4) an option for a respondent to elect to 

4 transfer all firearms and ammunition owned by the 

5 respondent that have been ordered to be surrendered 

6 or seized to another individual who is willing to re7 ceive them, if such individual— 

8 ‘‘(A) is currently eligible to own or possess 

9 such firearms and ammunition under Federal 

10 and State law, and a background check is con11 ducted; 

12 ‘‘(B) attests to storing the firearms or am13 munition in a manner so that respondent does 

14 not have access; and 

15 ‘‘(C) attests to not transfer the firearms or 

16 ammunition back to respondent until after the 

17 date on which the order expires or is vacated. 

18 ‘‘(f) LIMITATIONS.—A qualifying State or tribal law 

19 may not— 

20 ‘‘(1) at any point require or allow for the sur21 render of any firearm or ammunition without the 

22 issuance of a court order; 

23 ‘‘(2) provide for the issuance of a temporary ex 

24 parte extreme risk protection order or extreme risk 


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1 protection order without sworn affidavits or testi2 mony; 

3 ‘‘(3) establish criminal penalties for false allega4 tions or false testimony in connection with a tem5 porary ex parte extreme risk protection order or ex6 treme risk protection order that are less than a fel7 ony under State or tribal law; 

8 ‘‘(4) allow for witness testimony in connection 

9 with a temporary ex parte extreme risk protection 

10 order or extreme risk protection order that is not 

11 sworn or under oath; 

12 ‘‘(5) prohibit or otherwise discourage the re13 spondent from consulting or retaining an attorney; 

14 ‘‘(6) allow a law enforcement officer or other 

15 custodian of a firearm or any ammunition surren16 dered pursuant to a court order under the qualifying 

17 State or tribal law to destroy, disable, sell, assert 

18 ownership over, dispose of, use or otherwise employ, 

19 harm, or dispense with the firearm or ammunition; 

20 or 

21 ‘‘(7) allow for the ordering of a sequential se22 ries of ex parte extreme risk protection orders 

23 against a respondent based on the same evidence 

24 used to order the initial ex parte extreme risk pro25 tection order against the respondent. 


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1 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in sub2 section (f)(1) shall be construed to limit or have an effect 

3 on any State or Federal law other than a qualifying State 

4 or tribal law. 

5 ‘‘SEC. 3043. VIOLENCE PREVENTION GRANT PROGRAM. 

6 ‘‘(a) IN GENERAL.—The Assistant Attorney General 

7 shall make grants to an eligible State or Indian tribe to 

8 assist the State or Indian tribe in carrying out the provi9 sions of a qualifying State or tribal law. 

10 ‘‘(b) ELIGIBLE STATE OR INDIAN TRIBE.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), a State or Indian tribe shall be eligible 

13 to receive grants under this section on and after the 

14 date on which— 

15 ‘‘(A) the State or Indian tribe enacts a 

16 qualifying State or tribal law; and 

17 ‘‘(B) the Attorney General determines that 

18 the State or tribal law complies with the re19 quirements of section 3042. 

20 ‘‘(2) FIRST YEAR ELIGIBILITY EXCEPTION.— 

21 ‘‘(A) IN GENERAL.—A covered State or In22 dian tribe shall be eligible to receive a grant 

23 under this section during the 1-year period be24 ginning on the date of enactment of this part. 


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1 ‘‘(B) COVERED STATE OR INDIAN TRIBE.— 

2 In this paragraph, the term ‘covered State or 

3 Indian tribe’ means a State or Indian tribe 

4 that, before the date of enactment of this part, 

5 enacted legislation that— 

6 ‘‘(i) authorizes the issuance of a gun 

7 violence restraining order or extreme risk 

8 protection order similar to a violence pre9 vention order described in this part; and 

10 ‘‘(ii) requires a standard of proof for 

11 the issuance of a gun violence restraining 

12 order or extreme risk protection order de13 scribed in clause (i) that is substantially 

14 similar to the standard of proof required 

15 under this part. 

16 ‘‘(c) USE OF FUNDS.—Funds awarded under this 

17 section may be used by a State or Indian tribe to assist 

18 law enforcement agencies or the courts of the State or In19 dian tribe in carrying out the provisions of the qualifying 

20 State or tribal law. 

21 ‘‘(d) APPLICATION.—An eligible State or Indian tribe 

22 desiring a grant under this section shall submit to the As23 sistant Attorney General an application at such time, in 

24 such manner, and containing or accompanied by such inVerDate Sep 11 2014 21:15 Apr 04, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2607.IS S2607

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1 formation, as the Assistant Attorney General may reason2 ably require. 

3 ‘‘(e) INCENTIVES.—For each of fiscal years 2019 

4 through 2023, the Attorney General shall give affirmative 

5 preference to all Bureau of Justice Assistance discre6 tionary grant applications of a State or Indian tribe that 

7 has enacted a qualifying State or tribal law. 

8 ‘‘SEC. 3044. FULL FAITH AND CREDIT. 

9 ‘‘Any violence prevention order issued under a State 

10 or tribal law enacted in accordance with this part shall 

11 have the same full faith and credit in every court within 

12 the United States as they have by law or usage in the 

13 courts of such State or Indian tribe from which they are 

14 issued.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 1001(a) of title I of the Omnibus Crime Control and Safe 

17 Streets Act of 1968 (34 U.S.C. 10261(a)) is amended by 

18 adding at the end the following: 

19 ‘‘(28) There are authorized to be appropriated to 

20 carry out part NN $20,000,000 for each of fiscal years 

21 2019 through 2023.’’. 

22 SEC. 4. FEDERAL FIREARMS PROHIBITION. 

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

24 amended— 

25 (1) in subsection (d)— 


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

2 ‘‘or’’ at the end; 

3 (B) in paragraph (9), by striking the pe4 riod at the end and inserting ‘‘; or’’; and 

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

6 following: 

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

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

9 such person received actual notice, and at which 

10 such person had an opportunity to participate; 

11 ‘‘(B) restrains such person from possessing 

12 and purchasing a firearm; and 

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

14 poses a significant danger of causing personal 

15 injury to himself or herself or other persons.’’; 

16 and 

17 (2) in subsection (g)— 

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

19 ‘‘or’’ at the end; 

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

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

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

23 following: 

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


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

2 such person received actual notice, and at which 

3 such person had an opportunity to participate; 

4 ‘‘(B) restrains such person from possessing 

5 and purchasing a firearm; and 

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

7 poses a significant danger of causing personal 

8 injury to himself or herself or other persons,’’. 

9 SEC. 5. SEVERABILITY; RULES OF CONSTRUCTION. 

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

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

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

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

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

15 other persons or circumstances, shall not be affected. 

16 (b) RULES OF CONSTRUCTION.—Nothing in this Act, 

17 or an amendment made by this Act, shall be construed 

18 to— 

19 (1) limit the ability of a State or Indian tribe 

20 to enact legislation with additional due process pro21 tections, additional rights for a respondent or sub22 ject of an extreme risk protection order, or higher 

23 standards of proof; or 

24 (2) supersede or contradict any State or tribal 

25 law enacted before or after the date of enactment of 


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•S 2607 IS

1 this Act relating to the removal of firearms from in2 dividuals determined to be a danger to themselves or 

3 others. 

Æ 


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