II 

117TH CONGRESS 

1ST SESSION S. 292 

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 

FEBRUARY 8, 2021 

Mr. RUBIO (for himself, Mr. REED, Mr. KING, and Mr. SCOTT of Florida) 

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 2021’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) each State and Indian Tribe should enact 

9 extreme risk protection order legislation described in 


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1 part OO of title I of the Omnibus Crime Control and 

2 Safe Streets Act of 1968, as added by section 3; and 

3 (2) such extreme risk protection order legisla4 tion is an important tool in the efforts of States and 

5 Indian Tribes to ensure that firearms and ammuni6 tion are kept out of the hands of individuals whom 

7 a court has determined to be a significant danger to 

8 themselves or others. 

9 SEC. 3. EXTREME RISK PROTECTION ORDER GRANT PRO10 GRAM. 

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

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

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

14 ‘‘PART OO—EXTREME RISK PROTECTION ORDER 

15 GRANT PROGRAM 

16 ‘‘SEC. 3051. DEFINITIONS. 

17 ‘‘In this title— 

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

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

20 title 18, United States Code; 

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

22 means a written order, issued by a State or Tribal 

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

24 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 a respondent, 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) individual who resides or has resided 

21 with the respondent during the past year; 

22 ‘‘(E) 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) individual who is acting or has acted 

6 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 law en12 forcement officer, or family or household member of 

13 an individual, who submits a petition for an extreme 

14 risk protection order under section 3052(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 3052; 

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

21 who is named in a petition for an extreme risk pro22 tection order under section 3052(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 or Tribal court or signed by a magistrate pro8 hibiting a named individual from possessing, pur9 chasing, receiving, or transporting a firearm during 

10 the period beginning on the date on which the order 

11 is issued and ending on the date on which the hear12 ing for the extreme risk protection order is held. 

13 ‘‘SEC. 3052. EXTREME RISK PROTECTION ORDER LEGISLA14 TION. 

15 ‘‘(a) ENACTMENT OF EXTREME RISK PROTECTION

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

17 section 3053, a State or Indian Tribe shall have in effect 

18 a qualifying State or Tribal law. 

19 ‘‘(b) MINIMUM REQUIREMENTS FOR EXTREME RISK

20 PROTECTION ORDERS.—A qualifying State or Tribal law 

21 shall impose the following minimum requirements for the 

22 issuance of an extreme risk protection order: 

23 ‘‘(1) PETITION FOR EXTREME RISK PROTEC24 TION ORDER.— 


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1 ‘‘(A) IN GENERAL.—A law enforcement of2 ficer, or family or household member of an indi3 vidual, may submit a petition to a State or 

4 Tribal court, on a form designed by the courts 

5 administrator or similar office of the State or 

6 Indian Tribe, that— 

7 ‘‘(i) describes the facts and cir8 cumstances necessitating that an extreme 

9 risk protection order be issued against the 

10 respondent because the respondent poses a 

11 significant danger of causing personal in12 jury to himself or herself or others by— 

13 ‘‘(I) having a firearm or ammuni14 tion in his or her custody or control; 

15 or 

16 ‘‘(II) purchasing, possessing, or 

17 receiving a firearm or ammunition; 

18 ‘‘(ii) is accompanied by a sworn affi19 davit, signed by the petitioner, stating the 

20 specific facts that give rise to reasonable 

21 fear of significant dangerous acts by the 

22 respondent; 

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

24 and locations of all firearms and ammuni25 tion the petitioner believes to be in the curVerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S292.IS S292

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1 rent ownership, possession, custody, or 

2 control of the respondent; and 

3 ‘‘(iv) identifies whether there is a 

4 known extreme risk protection order al5 ready in effect against the respondent. 

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

7 who submits a petition under subparagraph (A) 

8 shall be required to make a good faith effort to 

9 provide notice to other family or household 

10 members of the respondent, or to any other 

11 known third party, who may be at risk of vio12 lence because of the submission of such peti13 tion. 

14 ‘‘(2) ISSUANCE OF EXTREME RISK PROTECTION

15 ORDERS.— 

16 ‘‘(A) HEARING.— 

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

18 petition under paragraph (1), the court 

19 shall— 

20 ‘‘(I) order a hearing to be held 

21 not later than 14 days after the date 

22 of such order; and 

23 ‘‘(II) issue a notice of the hear24 ing ordered under subclause (I) to the 

25 respondent. 


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1 ‘‘(ii) TELEPHONE HEARING.—A court 

2 may conduct the hearing required under 

3 clause (i) by telephone, pursuant to local 

4 court rules. 

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

6 finds by clear and convincing evidence that 

7 the respondent poses a significant danger 

8 of causing personal injury to himself or 

9 herself or others by having in his or her 

10 custody or control, or by purchasing, pos11 sessing, or receiving, a firearm or ammuni12 tion, the court shall issue an extreme risk 

13 protection order for a period the court de14 termines is appropriate, which may not ex15 ceed 12 months. 

16 ‘‘(B) CONSIDERATION OF EVIDENCE.— 

17 ‘‘(i) IN GENERAL.—In determining 

18 whether to issue an extreme risk protection 

19 order, the court— 

20 ‘‘(I) may consider relevant evi21 dence, such as— 

22 ‘‘(aa) a recent threat or act 

23 of violence by the respondent 

24 against himself or herself or oth25 ers; 


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1 ‘‘(bb) a threat or act of vio2 lence by the respondent against 

3 himself or herself or others in the 

4 past 12 months; 

5 ‘‘(cc) evidence that the re6 spondent has a serious mental ill7 ness; 

8 ‘‘(dd) an extreme risk pro9 tection order previously issued to 

10 the respondent or a violation by 

11 the respondent of a previously 

12 issued extreme risk protection 

13 order; 

14 ‘‘(ee) whether the respond15 ent has been convicted of a crime 

16 of domestic violence or other vio17 lence; 

18 ‘‘(ff) whether the respondent 

19 has used or threatened to use 

20 weapons against himself or her21 self or others; 

22 ‘‘(gg) the unlawful use of a 

23 firearm by the respondent; 

24 ‘‘(hh) the recurring use or 

25 threat of use of physical force by 


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1 the respondent against another 

2 person or the respondent stalking 

3 another person; 

4 ‘‘(ii) corroborated evidence 

5 of the abuse of controlled sub6 stances or alcohol by the re7 spondent; 

8 ‘‘(jj) relevant information 

9 from family or household mem10 bers concerning the respondent; 

11 and 

12 ‘‘(kk) witness testimony 

13 taken while the witness is under 

14 oath relating to the matter before 

15 the court; and 

16 ‘‘(II) shall consider whether a 

17 mental health evaluation or chemical 

18 dependency evaluation is appropriate. 

19 ‘‘(ii) PRESENTATION OF EVIDENCE.— 

20 Anyone who offers evidence or rec21 ommendations relating to the petition sub22 mitted under paragraph (1) shall— 

23 ‘‘(I) present the evidence or rec24 ommendations in writing to the court 

25 and submit a copy of such evidence or 


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1 recommendations to each party or the 

2 attorney for a party; or 

3 ‘‘(II) present the evidence under 

4 oath at a hearing at which all parties 

5 are present. 

6 ‘‘(iii) MENTAL HEALTH AND CHEM7 ICAL DEPENDENCY EVALUATIONS.—If a 

8 court determines that a mental health eval9 uation or chemical dependency evaluation 

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

11 court may order the appropriate evalua12 tion. 

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

14 issues an extreme risk protection order, the 

15 order shall contain— 

16 ‘‘(i) a statement on the grounds sup17 porting the issuance of the order; 

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

19 issued; 

20 ‘‘(iii) the date on which the order ex21 pires; 

22 ‘‘(iv) whether a mental health evalua23 tion or chemical dependency evaluation of 

24 the respondent is required; 


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

2 a responsive pleading may be filed; 

3 ‘‘(vi) a description of the requirements 

4 for surrender of all firearms and ammuni5 tion owned by the respondent; and 

6 ‘‘(vii) a clear statement of instruction 

7 on surrendering to the appropriate local 

8 law enforcement agency all firearms and 

9 ammunition owned by the respondent or in 

10 the custody, control, or possession of the 

11 respondent and any license to carry a con12 cealed weapon or firearm issued pursuant 

13 to the laws of the State or Indian Tribe, 

14 which shall include— 

15 ‘‘(I) a clear statement that the 

16 respondent may not, during the period 

17 for which the order is in effect— 

18 ‘‘(aa) have in the control or 

19 custody of the respondent a fire20 arm or ammunition; or 

21 ‘‘(bb) purchase, possess, or 

22 receive, or attempt to purchase, 

23 possess, or receive, a firearm or 

24 ammunition; and 


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1 ‘‘(II) a clear description of the 

2 right of the respondent to request not 

3 less than 1 hearing to vacate the 

4 order and, if the order is renewed, to 

5 request a hearing to vacate such re6 newal. 

7 ‘‘(D) DENIAL OF EXTREME RISK PROTEC8 TION ORDER.—If a court declines to issue an 

9 extreme risk protection order for which the 

10 court receives a petition under paragraph (1), 

11 the court shall issue a written statement de12 scribing the specific reasons for declining to 

13 issue such order. 

14 ‘‘(3) TEMPORARY EX PARTE EXTREME RISK

15 PROTECTION ORDER.— 

16 ‘‘(A) IN GENERAL.—Upon receipt of a pe17 tition under paragraph (1), the court may issue 

18 a temporary ex parte extreme risk protection 

19 order before conducting the hearing required 

20 under paragraph (2), if— 

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

22 parte extreme risk protection order is in23 cluded in the petition and includes detailed 

24 allegations based on personal knowledge 

25 that the respondent poses a significant 


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1 danger of causing personal injury to him2 self or herself or others in the near future 

3 by having in his or her custody or control, 

4 or by purchasing, possessing, or receiving, 

5 a firearm or ammunition; and 

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

7 cause to believe that the respondent poses 

8 a significant danger of causing personal in9 jury to himself or herself or others in the 

10 near future by having in his or her custody 

11 or control, or by purchasing, possessing, or 

12 receiving, a firearm or ammunition. 

13 ‘‘(B) REQUIREMENTS.—In determining 

14 whether to issue a temporary ex parte extreme 

15 risk protection order, the court shall— 

16 ‘‘(i) conduct a hearing, either in per17 son or by telephone, pursuant to local 

18 court rules, on the date on which the peti19 tion is filed or on the business day imme20 diately following such date; and 

21 ‘‘(ii) consider all relevant evidence, 

22 such as— 

23 ‘‘(I) a recent threat or act of vio24 lence by the respondent against him25 self or herself or others; 


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1 ‘‘(II) a threat or act of violence 

2 by the respondent against himself or 

3 herself or others in the past 12 

4 months; 

5 ‘‘(III) evidence that the respond6 ent has a serious mental illness; 

7 ‘‘(IV) an extreme risk protection 

8 order previously issued to the re9 spondent or a violation by the re10 spondent of a previously issued ex11 treme risk protection order; 

12 ‘‘(V) whether the respondent has 

13 been convicted of a crime of domestic 

14 violence or other violence; 

15 ‘‘(VI) whether the respondent 

16 has used or threatened to use weap17 ons against himself or herself or oth18 ers; 

19 ‘‘(VII) the unlawful use of a fire20 arm by the respondent; 

21 ‘‘(VIII) the recurring use or 

22 threat of use of physical force by the 

23 respondent against another person or 

24 the respondent stalking another per25 son; 


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1 ‘‘(IX) corroborated evidence of 

2 the abuse of controlled substances or 

3 alcohol by the respondent; 

4 ‘‘(X) relevant information from 

5 family or household members con6 cerning the respondent; and 

7 ‘‘(XI) witness testimony taken 

8 while the witness is under oath relat9 ing to the matter before the court. 

10 ‘‘(C) NOTICE.—If a court issues a tem11 porary ex parte extreme risk protection order, 

12 the court shall provide notice of the temporary 

13 ex parte firearm violence order to the respond14 ent concurrently with the notice of hearing re15 quired under paragraph (2)(A)(i)(II). 

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

17 issues a temporary ex parte extreme risk pro18 tection order, the order shall include, at a min19 imum— 

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

21 the order; 

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

23 issued; 

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

25 on the extreme risk protection order; 


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

2 a responsive pleading may be filed; 

3 ‘‘(v) a clear description of the require4 ments and process for surrender of fire5 arms and ammunition; and 

6 ‘‘(vi) a clear statement outlining the 

7 prohibitions and rights of the respondent 

8 under the order, including— 

9 ‘‘(I) a clear statement that the 

10 respondent may consult an attorney; 

11 and 

12 ‘‘(II) a clear statement that fail13 ure of the respondent to appear at the 

14 hearing described in clause (iii) may 

15 result in an extreme risk protection 

16 order being issued for a period not to 

17 exceed 12 months. 

18 ‘‘(4) TERMINATION AND EXTENSION OF EX19 TREME RISK PROTECTION ORDERS.— 

20 ‘‘(A) HEARING TO VACATE ORDER.— 

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

22 request not less than 1 hearing to vacate 

23 an extreme risk protection order issued 

24 against the respondent. 


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1 ‘‘(ii) HEARING.—Not later than 30 

2 days after the date on which a petitioner 

3 is notified of the request of the respondent 

4 to vacate an extreme risk protection order, 

5 the court shall conduct a hearing on the 

6 request. 

7 ‘‘(iii) DETERMINATION.— 

8 ‘‘(I) IN GENERAL.—The court 

9 shall vacate an extreme risk protec10 tion order if the respondent dem11 onstrates by clear and convincing evi12 dence that the respondent does not 

13 pose a significant danger of causing 

14 personal injury to himself or herself 

15 or others by having in his or her cus16 tody or control, or by purchasing, pos17 sessing, or receiving, a firearm or am18 munition. 

19 ‘‘(II) CONSIDERATIONS.—In 

20 making a determination under this 

21 subparagraph, the court may consider 

22 relevant evidence, such as— 

23 ‘‘(aa) a recent threat or act 

24 of violence by the respondent 


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1 against himself or herself or oth2 ers; 

3 ‘‘(bb) a threat or act of vio4 lence by the respondent against 

5 himself or herself or others in the 

6 past 12 months; 

7 ‘‘(cc) evidence that the re8 spondent has a serious mental ill9 ness; 

10 ‘‘(dd) an extreme risk pro11 tection order previously issued to 

12 the respondent or a violation by 

13 the respondent of a previously 

14 issued extreme risk protection 

15 order; 

16 ‘‘(ee) whether the respond17 ent has been convicted of a crime 

18 of domestic violence or other vio19 lence; 

20 ‘‘(ff) whether the respondent 

21 has used or threatened to use 

22 weapons against himself or her23 self or others; 

24 ‘‘(gg) the unlawful use of a 

25 firearm by the respondent; 


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1 ‘‘(hh) the recurring use or 

2 threat of use of physical force by 

3 the respondent against another 

4 person or the respondent stalking 

5 another person; 

6 ‘‘(ii) corroborated evidence 

7 of the abuse of controlled sub8 stances or alcohol by the re9 spondent; 

10 ‘‘(jj) relevant information 

11 from family or household mem12 bers concerning the respondent; 

13 and 

14 ‘‘(kk) witness testimony 

15 taken while the witness is under 

16 oath relating to the matter before 

17 the court. 

18 ‘‘(iv) NOTICE TO LAW ENFORCEMENT

19 OFFICIALS.—If a court vacates an extreme 

20 risk protection order under this subpara21 graph, the court shall provide notice to the 

22 relevant law enforcement agency of such 

23 determination and the law enforcement 

24 agency shall promptly return any surrenVerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S292.IS S292

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1 dered firearms and ammunition to the re2 spondent. 

3 ‘‘(B) EXTENSION OF ORDER.— 

4 ‘‘(i) NOTICE TO PETITIONER.—Not 

5 later than 30 days before the date on 

6 which an extreme risk protection order is 

7 set to expire, the court shall provide notice 

8 to the petitioner of such expiration date. 

9 ‘‘(ii) REQUEST FOR EXTENSION.— 

10 During the 30-day period preceding the ex11 piration date described in clause (i), a peti12 tioner may submit a request to extend the 

13 extreme risk protection order. 

14 ‘‘(iii) HEARING.—Upon receipt of a 

15 request for an extension under clause (ii), 

16 the court shall schedule, provide notice for, 

17 and conduct a hearing in accordance with 

18 the requirements described in paragraph 

19 (2)(A). 

20 ‘‘(iv) DETERMINATION.—If a court 

21 finds that there is clear and convincing evi22 dence that the respondent poses a signifi23 cant danger of causing personal injury to 

24 himself or herself or others by having in 

25 his or her custody or control, or by purVerDate Sep 11 2014 23:30 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S292.IS S292

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1 chasing, possessing, or receiving, a firearm 

2 or ammunition, the court shall extend the 

3 extreme risk protection order for a period 

4 the court determines is appropriate, which 

5 may not exceed 12 months. 

6 ‘‘(5) AUTHORITY TO SUBMIT PETITION.—For 

7 purposes of this subsection, a qualifying State or 

8 Tribal law shall be considered to have met the min9 imum requirement described in paragraph (1)(A) if, 

10 under the qualifying State or Tribal law, only a law 

11 enforcement officer is authorized to submit a peti12 tion for an extreme risk protection order. 

13 ‘‘(c) MINIMUM REQUIREMENTS FOR SURRENDER OF

14 FIREARMS AND AMMUNITION.—A qualifying State or 

15 Tribal law shall have in effect the following minimum re16 quirements for the surrender of firearms and ammunition: 

17 ‘‘(1) SURRENDER OF FIREARMS AND AMMUNI18 TION.—Upon issuance of a temporary ex parte ex19 treme risk protection order or extreme risk protec20 tion order as described in subsection (b), a respond21 ent shall surrender all firearms and ammunition in 

22 the custody or control of the respondent to the ap23 propriate local law enforcement agency, as deter24 mined by the State or Indian Tribe. 


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1 ‘‘(2) RECEIPT FOR SURRENDERED FIREARMS

2 AND AMMUNITION.—The local law enforcement 

3 agency that takes custody of any firearms or ammu4 nition surrendered under paragraph (1) shall— 

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

6 identifying all firearms and ammunition that 

7 have been surrendered; and 

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

9 custody of the firearms and ammunition, file a 

10 copy of such receipt with the court. 

11 ‘‘(3) ISSUANCE OF WARRANT.—If a court re12 ceives sworn testimony from an individual alleging 

13 that not all firearms required to be surrendered by 

14 a respondent under a temporary ex parte extreme 

15 risk protection order or extreme risk protection 

16 order have been surrendered, the court shall issue a 

17 warrant for the seizure of the remaining firearms or 

18 ammunition if the court determines that probable 

19 cause exists to believe the respondent has failed to 

20 surrender any firearms or ammunition. 

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

22 Tribal law shall— 

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

24 which an individual other than the respondent 

25 claims title to any firearms or ammunition required 


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1 to be surrendered under a temporary ex parte ex2 treme risk protection order or extreme risk protec3 tion order; 

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

5 return of firearms to a respondent upon the expira6 tion of a temporary ex parte extreme risk protection 

7 order or extreme risk protection order; 

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

9 of a temporary ex parte extreme risk protection 

10 order or extreme risk protection order to the appro11 priate Federal, State, and Tribal databases; 

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

13 knowingly making a false statement under oath in a 

14 hearing relating to a temporary ex parte extreme 

15 risk protection order or extreme risk protection 

16 order regarding any material matter; 

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

18 individual to receive or possess a firearm or ammu19 nition with knowledge that the individual is subject 

20 to a temporary ex parte extreme risk protection 

21 order or extreme risk protection order; 

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

23 in the qualifying State or Tribal law does not affect 

24 the ability of a law enforcement officer to use any 


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1 other lawful authority to effect the surrender of a 

2 firearm, ammunition, or concealed carry permit; and 

3 ‘‘(7) clear direction for State or Tribal courts to 

4 implement the procedures described in this section. 

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

6 or Tribal law may provide for— 

7 ‘‘(1) notice and hearing requirements in addi8 tion to the requirements described in this section; 

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

10 and State law before a law enforcement agency re11 turns any surrendered firearms and ammunition to 

12 a respondent after the expiration of a temporary ex 

13 parte extreme risk protection order or extreme risk 

14 protection order; 

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

16 members of a respondent be notified before a law 

17 enforcement agency returns any surrendered fire18 arms and ammunition to the respondent; and 

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

20 transfer all firearms and ammunition owned by the 

21 respondent that have been ordered to be surrendered 

22 or seized to another individual who is willing to re23 ceive them, if the individual— 

24 ‘‘(A) is eligible at the time of transfer to 

25 own or possess such firearms and ammunition 


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1 under Federal and State law, and a background 

2 check is conducted; 

3 ‘‘(B) attests that the individual will store 

4 the firearms or ammunition in a manner so 

5 that the respondent does not have access; and 

6 ‘‘(C) attests that the individual will not 

7 transfer the firearms or ammunition back to 

8 the respondent until after the date on which the 

9 order expires or is vacated. 

10 ‘‘(f) LIMITATIONS.—A qualifying State or Tribal law 

11 may not— 

12 ‘‘(1) at any point require or allow for the sur13 render of any firearm or ammunition without the 

14 issuance of a court order; 

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

16 parte extreme risk protection order or extreme risk 

17 protection order without sworn affidavits or testi18 mony; 

19 ‘‘(3) establish criminal penalties for false allega20 tions or false testimony in connection with a tem21 porary ex parte extreme risk protection order or ex22 treme risk protection order that are less than a fel23 ony under State or Tribal law; 

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

25 with a temporary ex parte extreme risk protection 


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1 order or extreme risk protection order that is not 

2 sworn or under oath; 

3 ‘‘(5) prohibit or otherwise discourage the re4 spondent from consulting or retaining an attorney; 

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

6 custodian of a firearm or any ammunition surren7 dered pursuant to a court order under the qualifying 

8 State or Tribal law to destroy, disable, sell, assert 

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

10 harm, or dispense with the firearm or ammunition; 

11 or 

12 ‘‘(7) allow for the ordering of a sequential se13 ries of ex parte extreme risk protection orders 

14 against a respondent based on the same evidence 

15 used to order the initial ex parte extreme risk pro16 tection order against the respondent. 

17 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in sub18 section (f)(1) shall be construed to limit or have an effect 

19 on any Federal, State, or Tribal law other than a quali20 fying State or Tribal law. 

21 ‘‘SEC. 3053. VIOLENCE PREVENTION GRANT PROGRAM. 

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

23 shall make grants to an eligible State or Indian Tribe to 

24 assist the State or Indian Tribe in carrying out the provi25 sions of a qualifying State or Tribal law. 


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

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), a State or Indian Tribe shall be eligible 

4 to receive grants under this section on and after the 

5 date on which the Attorney General determines that 

6 a law enacted by the State or Indian Tribe is a 

7 qualifying State or Tribal law. 

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

9 ‘‘(A) IN GENERAL.—A covered State or In10 dian Tribe shall be eligible to receive a grant 

11 under this section during the 1-year period be12 ginning on the date of enactment of this part. 

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

14 In this paragraph, the term ‘covered State or 

15 Indian Tribe’ means a State or Indian Tribe 

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

17 enacted legislation that— 

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

19 violence restraining order or extreme risk 

20 protection order similar to a violence pre21 vention order described in this part; and 

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

23 the issuance of a gun violence restraining 

24 order or extreme risk protection order de25 scribed in clause (i) that is substantially 


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•S 292 IS

1 similar to the standard of proof required 

2 under this part. 

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

4 section may be used by a State or Indian Tribe to assist 

5 law enforcement agencies or the courts of the State or In6 dian Tribe in carrying out the provisions of the qualifying 

7 State or Tribal law. 

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

9 Tribe desiring a grant under this section shall submit to 

10 the Assistant Attorney General an application at such 

11 time, in such manner, and containing or accompanied by 

12 such information, as the Assistant Attorney General may 

13 reasonably require. 

14 ‘‘(e) INCENTIVES.—For each of fiscal years 2021 

15 through 2025, the Attorney General shall give affirmative 

16 preference to all Bureau of Justice Assistance discre17 tionary grant applications of a State or Indian Tribe that 

18 has enacted a qualifying State or Tribal law. 

19 ‘‘SEC. 3054. FULL FAITH AND CREDIT. 

20 ‘‘Any violence prevention order issued under a State 

21 or Tribal law enacted in accordance with this part shall 

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

23 the United States as the order has by law or usage in 

24 the courts of such State or Indian Tribe from which the 

25 order is issued.’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 1001(a) of title I of the Omnibus Crime Control and Safe 

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

4 adding at the end the following: 

5 ‘‘(29) There are authorized to be appropriated to 

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

7 2021 through 2025.’’. 

8 SEC. 4. FEDERAL FIREARMS PROHIBITION. 

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

10 amended— 

11 (1) in subsection (d)— 

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

13 ‘‘or’’ at the end; 

14 (B) in paragraph (9), by striking the pe15 riod at the end and inserting ‘‘; or’’; and 

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

17 following: 

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

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

20 such person received actual notice, and at which 

21 such person had an opportunity to participate; 

22 ‘‘(B) restrains such person from possessing 

23 and purchasing a firearm; and 

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

25 poses a significant danger of causing personal 


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

2 and 

3 (2) in subsection (g)— 

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

5 ‘‘or’’ at the end; 

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

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

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

9 following: 

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

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

12 such person received actual notice, and at which 

13 such person had an opportunity to participate; 

14 ‘‘(B) restrains such person from possessing 

15 and purchasing a firearm; and 

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

17 poses a significant danger of causing personal 

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

19 SEC. 5. SEVERABILITY; RULES OF CONSTRUCTION. 

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

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

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

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

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

25 other persons or circumstances, shall not be affected. 


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

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

3 to— 

4 (1) limit the ability of a State or Indian Tribe 

5 to enact legislation with additional due process pro6 tections, additional rights for a respondent or sub7 ject of an extreme risk protection order, or higher 

8 standards of proof; or 

9 (2) supersede or contradict any State or Tribal 

10 law enacted before or after the date of enactment of 

11 this Act relating to the removal of firearms from in12 dividuals determined to be a danger to themselves or 

13 others. 

Æ 


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