I 

116TH CONGRESS 

1ST SESSION H. R. 3076 

To authorize the issuance of extreme risk protection orders. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2019 

Mrs. MCBATH (for herself, Mr. THOMPSON of California, Ms. MUCARSELPOWELL, Ms. DEAN, Ms. JACKSON LEE, Mr. HASTINGS, Mr. ESPAILLAT, 

Ms. CLARKE of New York, Ms. ESHOO, Ms. MOORE, Mr. CISNEROS, Ms. 

SPEIER, Mr. CROW, Ms. LOFGREN, Ms. SHERRILL, Mrs. CAROLYN B. 

MALONEY of New York, Mr. TRONE, Mr. EVANS, Ms. BASS, Ms. 

ESCOBAR, Ms. JOHNSON of Texas, Mr. ROUDA, Mr. BROWN of Maryland, 

Ms. MENG, Miss RICE of New York, Mr. DEUTCH, Ms. CLARK of Massachusetts, Ms. KELLY of Illinois, Ms. ADAMS, Ms. SCHAKOWSKY, Mr. 

SOTO, Mr. KENNEDY, Mrs. DAVIS of California, Mr. RUSH, Mr. LEVIN

of Michigan, Mr. PASCRELL, Mr. GARAMENDI, Mr. MOULTON, and Ms. 

TLAIB) introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To authorize the issuance of extreme risk protection orders. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Protection Order Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3076 IH

1 SEC. 2. EXTREME RISK PROTECTION ORDERS. 

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

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 932. Extreme risk protection orders 

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

7 ‘‘(1) the term ‘designated law enforcement offi8 cer’ means a law enforcement officer, designated by 

9 a United States marshal, who agrees to receive fire10 arms, ammunition, and permit, as applicable, sur11 rendered under subsection (f); 

12 ‘‘(2) the term ‘Director’ means the Director of 

13 the Administrative Office of the United States 

14 Courts; 

15 ‘‘(3) the term ‘ex parte extreme risk protection 

16 order’ or ‘ex parte order’ means an extreme risk pro17 tection order issued under subsection (c); 

18 ‘‘(4) the term ‘extreme risk protection order’ 

19 means an order issued by a Federal court that en20 joins an individual from purchasing, possessing, or 

21 receiving, in or affecting interstate and foreign com22 merce, a firearm or ammunition; 

23 ‘‘(5) the term ‘family or household member’, 

24 with respect to a respondent, means any— 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 3076 IH

1 ‘‘(A) parent, spouse, sibling, or child re2 lated by blood, marriage, or adoption to the re3 spondent; 

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

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

6 with the respondent, regardless of whether the 

7 individual has— 

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

9 or 

10 ‘‘(ii) lived together with the respond11 ent at any time; 

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

13 with the respondent during the past year; 

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

15 ‘‘(F) individual who has a legal parent16 child relationship with the respondent, including 

17 a stepparent-stepchild and grandparent-grand18 child relationship; and 

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

20 as the legal guardian of the respondent; 

21 ‘‘(6) the term ‘law enforcement officer’ means 

22 any officer, agent, or employee of the Federal Gov23 ernment or a State government, unit of local govern24 ment, or Indian tribe (as defined in section 4 of the 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 3076 IH

1 Indian Self-Determination and Education Assistance 

2 Act (25 U.S.C. 5304)) authorized— 

3 ‘‘(A) by law or by a government agency to 

4 engage in or supervise the prevention, detection, 

5 or investigation of any violation of criminal law; 

6 or 

7 ‘‘(B) by law to supervise sentenced crimi8 nal offenders; 

9 ‘‘(7) the term ‘long-term extreme risk protec10 tion order’ or ‘long-term order’ means an extreme 

11 risk protection order issued under subsection (d); 

12 ‘‘(8) the term ‘mental health agency’ means an 

13 agency of a State or local government or its con14 tracted agency that is responsible for mental health 

15 services or co-occurring mental health and substance 

16 abuse services; and 

17 ‘‘(9) the term ‘national instant criminal back18 ground check system’ means the national instant 

19 criminal background check system established under 

20 section 103 of the Brady Handgun Violence Preven21 tion Act (34 U.S.C. 40901). 

22 ‘‘(b) PETITION.— 

23 ‘‘(1) IN GENERAL.—A family or household 

24 member of the applicable individual, or a law en25 forcement officer, may submit to an appropriate disVerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.IH H3076

kjohnson on DSK79L0C42 with BILLS
5 

•HR 3076 IH

1 trict court of the United States a petition requesting 

2 that the court issue an ex parte extreme risk protec3 tion order or long-term extreme risk protection order 

4 with respect to an individual. 

5 ‘‘(2) NO FEES.—A court may not charge a peti6 tioner any fee for filing a petition under paragraph 

7 (1). 

8 ‘‘(3) CONFIDENTIALITY.—A petitioner who is a 

9 law enforcement officer may provide the identity of 

10 the petitioner’s sources, and any identifying informa11 tion, to the court under seal. 

12 ‘‘(c) EX PARTE ORDERS.— 

13 ‘‘(1) TIMING.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), a court that receives a peti16 tion for an ex parte order under subsection (b) 

17 shall grant or deny the petition on the date on 

18 which the petition is submitted. 

19 ‘‘(B) LATE PETITIONS.—If a court receives 

20 a petition for an ex parte order submitted 

21 under subsection (b) too late in the day to per22 mit effective review, the court shall grant or 

23 deny the petition on the next day of judicial 

24 business at a time early enough to permit the 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 3076 IH

1 court to file an order with the clerk of the court 

2 during that day. 

3 ‘‘(2) EVIDENCE REQUIRED.—Before issuing an 

4 ex parte order, a court shall require that the peti5 tioner submit a signed affidavit, sworn to before the 

6 court, that— 

7 ‘‘(A) explains why the petitioner believes 

8 that the respondent poses a risk of imminent 

9 personal injury to himself or herself, or another 

10 individual, by purchasing, possessing, or receiv11 ing a firearm or ammunition; and 

12 ‘‘(B) describes the interactions and con13 versations of the petitioner with— 

14 ‘‘(i) the respondent; or 

15 ‘‘(ii) another individual, if the peti16 tioner believes that information obtained 

17 from that individual is credible and reli18 able. 

19 ‘‘(3) STANDARD FOR ISSUANCE OF ORDER.—A 

20 court may issue an ex parte order only upon a find21 ing of probable cause to believe that— 

22 ‘‘(A) the respondent poses a risk of immi23 nent personal injury to himself or herself, or 

24 another individual, by purchasing, possessing, 

25 or receiving a firearm or ammunition; and 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 3076 IH

1 ‘‘(B) the order is necessary to prevent the 

2 injury described in subparagraph (A). 

3 ‘‘(4) DURATION.—An ex parte order shall ex4 pire on the earlier of— 

5 ‘‘(A) the date that is 14 days after the 

6 date of issuance; or 

7 ‘‘(B) the date on which the court deter8 mines whether to issue a long-term order with 

9 respect to the respondent. 

10 ‘‘(d) LONG-TERM ORDERS.— 

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

12 a petition for an extreme risk protection order for a 

13 respondent under subsection (b), the court shall hold 

14 a hearing to determine whether to issue a long-term 

15 order with respect to the respondent either— 

16 ‘‘(A)(i) except as provided in clause (ii), 

17 not later than 72 hours after the court issues 

18 an ex parte order with respect to the respond19 ent; or 

20 ‘‘(ii) if the court issues an ex parte order 

21 with respect to the respondent but the order is 

22 not served on the respondent within 72 hours of 

23 the issuance, not later than 72 hours after the 

24 order is served on the respondent; or 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 3076 IH

1 ‘‘(B) if the respondent waives the right to 

2 a hearing under subparagraph (A) or the court 

3 does not issue an ex parte order, not later than 

4 14 days after the date on which the court re5 ceives the petition. 

6 ‘‘(2) NOTICE AND OPPORTUNITY TO BE

7 HEARD.— 

8 ‘‘(A) IN GENERAL.—The court shall pro9 vide the respondent with notice and the oppor10 tunity to be heard at a hearing under this sub11 section, sufficient to protect the due process 

12 rights of the respondent. 

13 ‘‘(B) RIGHT TO COUNSEL.— 

14 ‘‘(i) IN GENERAL.—At a hearing 

15 under this subsection, the respondent may 

16 be represented by counsel who is— 

17 ‘‘(I) chosen by the respondent; 

18 and 

19 ‘‘(II) authorized to practice at 

20 such a hearing. 

21 ‘‘(ii) COURT-PROVIDED COUNSEL.—If 

22 the respondent is financially unable to ob23 tain representation by counsel, the court, 

24 at the request of the respondent, shall en25 sure to the extent practicable that the reVerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.IH H3076

kjohnson on DSK79L0C42 with BILLS
9 

•HR 3076 IH

1 spondent is represented by an attorney for 

2 the Legal Services Corporation with re3 spect to the petition. 

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

5 hearing under this subsection, the petitioner— 

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

7 material facts; and 

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

9 clear and convincing evidence, that— 

10 ‘‘(i) the respondent poses a risk of 

11 personal injury to himself or herself, or an12 other individual, during the period to be 

13 covered by the proposed extreme risk pro14 tection order, by purchasing, possessing, or 

15 receiving a firearm or ammunition; and 

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

17 the injury described in clause (i). 

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

19 convincing evidence under paragraph (3), the court 

20 shall issue a long-term order with respect to the re21 spondent that shall be in effect for a period of not 

22 more than 180 days. 

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

24 not clear and convincing evidence to support the 

25 issuance of a long-term order, the court shall disVerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.IH H3076

kjohnson on DSK79L0C42 with BILLS
10 

•HR 3076 IH

1 solve any ex parte order then in effect with respect 

2 to the respondent. 

3 ‘‘(6) RENEWAL.— 

4 ‘‘(A) NOTICE OF SCHEDULED EXPIRA5 TION.—Thirty days before the date on which a 

6 long-term order is scheduled to expire, the court 

7 that issued the order shall— 

8 ‘‘(i) notify the petitioner and the re9 spondent that the order is scheduled to ex10 pire; and 

11 ‘‘(ii) advise the petitioner and the re12 spondent of the procedures for seeking a 

13 renewal of the order under this paragraph. 

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

15 member of the respondent, or a law enforce16 ment officer, believes that the conditions under 

17 paragraph (3)(B) continue to apply with respect 

18 to a respondent who is subject to a long-term 

19 order, the family or household member or law 

20 enforcement officer may submit to the court 

21 that issued the order a petition for a renewal of 

22 the order. 

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

24 petition submitted under subparagraph (B) 

25 shall hold a hearing to determine whether to 


kjohnson on DSK79L0C42 with BILLS
11 

•HR 3076 IH

1 issue a renewed long-term order with respect to 

2 the respondent. 

3 ‘‘(D) APPLICABLE PROCEDURES.—The re4 quirements under paragraphs (2) through (5) 

5 shall apply to the consideration of a petition for 

6 a renewed long-term order submitted under 

7 subparagraph (B) of this paragraph. 

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

9 and convincing evidence that the conditions 

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

11 respect to the respondent, the court shall issue 

12 a renewed long-term order with respect to the 

13 respondent. 

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

15 whether to issue an extreme risk protection order, a 

16 court— 

17 ‘‘(1) shall consider factors including— 

18 ‘‘(A) recent threats or acts of violence by 

19 the respondent directed toward other individ20 uals; 

21 ‘‘(B) recent threats or acts of violence by 

22 the respondent directed toward himself or her23 self; 

24 ‘‘(C) recent acts of cruelty to animals by 

25 the respondent; and 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 3076 IH

1 ‘‘(D) evidence of— 

2 ‘‘(i) recent criminal offenses by the re3 spondent that involve controlled substances 

4 or alcohol; or 

5 ‘‘(ii) ongoing abuse of controlled sub6 stances or alcohol by the respondent; and 

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

8 ‘‘(A) the reckless use, display, or bran9 dishing of a firearm by the respondent; 

10 ‘‘(B) a history of violence or attempted vio11 lence by the respondent against other individ12 uals; and 

13 ‘‘(C) prior involuntary confinement of the 

14 respondent in a hospital for individuals with 

15 psychiatric disabilities. 

16 ‘‘(f) RELINQUISHMENT OF FIREARMS AND AMMUNI17 TION.— 

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

19 of an ex parte order or long-term order, the court 

20 shall order the respondent to surrender all firearms 

21 and ammunition that the respondent possesses or 

22 owns, in or affecting interstate commerce, as well as 

23 any permit authorizing the respondent to purchase 

24 or possess firearms (including a concealed carry per25 mit), to— 


kjohnson on DSK79L0C42 with BILLS
13 

•HR 3076 IH

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

2 or 

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

4 ‘‘(2) SURRENDER AND REMOVAL.— 

5 ‘‘(A) MANNER OF SERVICE.— 

6 ‘‘(i) PERSONAL SERVICE.—Except as 

7 provided in clause (ii), a United States 

8 marshal or designated law enforcement of9 ficer shall serve an extreme risk protection 

10 order on a respondent by handing the 

11 order to the respondent. 

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

13 respondent cannot reasonably be located 

14 for service as described in clause (i), an ex15 treme risk protection order may be served 

16 on the respondent in any manner author17 ized under the Federal Rules of Civil Pro18 cedure. 

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

20 subparagraph (C), a United States marshal or 

21 designated law enforcement officer serving an 

22 extreme risk protection order personally on the 

23 respondent shall— 

24 ‘‘(i) request that all firearms and am25 munition, in or affecting interstate comVerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.IH H3076

kjohnson on DSK79L0C42 with BILLS
14 

•HR 3076 IH

1 merce, as well as any permit authorizing 

2 the respondent to purchase or possess fire3 arms (including a concealed carry permit), 

4 that the respondent possesses or owns— 

5 ‘‘(I) be immediately surrendered 

6 to the United States marshal or des7 ignated law enforcement officer; or 

8 ‘‘(II) at the option of the re9 spondent, be immediately surrendered 

10 and sold to a federally licensed fire11 arms dealer; and 

12 ‘‘(ii) take possession of all firearms 

13 and ammunition described in clause (i) 

14 that are not sold under subclause (II) of 

15 that clause, as well as any permit de16 scribed in that clause, that are— 

17 ‘‘(I) surrendered; 

18 ‘‘(II) in plain sight; or 

19 ‘‘(III) discovered pursuant to a 

20 lawful search. 

21 ‘‘(C) ALTERNATIVE SURRENDER.—If a 

22 United States marshal or designated law en23 forcement officer is not able to personally serve 

24 an extreme risk protection order under subpara25 graph (A)(i), or is not reasonably able to take 


kjohnson on DSK79L0C42 with BILLS
15 

•HR 3076 IH

1 custody of the firearms, ammunition, and per2 mits under subparagraph (B), the respondent 

3 shall surrender the firearms, ammunition, and 

4 permits in a safe manner to the control of a 

5 United States marshal or designated law en6 forcement officer not later than 48 hours after 

7 being served with the order. 

8 ‘‘(3) RECEIPT.— 

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

10 or removal under paragraph (2), a United 

11 States marshal or designated law enforcement 

12 officer taking possession of a firearm, ammuni13 tion, or a permit pursuant to an extreme risk 

14 protection order shall— 

15 ‘‘(i) issue a receipt identifying all fire16 arms, ammunition, and permits that have 

17 been surrendered or removed; and 

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

19 issued under clause (i) to the respondent. 

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

21 after service of an order under paragraph 

22 (2)(A), the United States marshal who served 

23 the order or designated another law enforce24 ment officer to do so shall— 


kjohnson on DSK79L0C42 with BILLS
16 

•HR 3076 IH

1 ‘‘(i) file the original receipt issued 

2 under subparagraph (A) of this paragraph 

3 with the court that issued the extreme risk 

4 protection order; and 

5 ‘‘(ii) ensure that the United States 

6 Marshals Service retains a copy of the re7 ceipt. 

8 ‘‘(C) DESIGNATED LAW ENFORCEMENT

9 OFFICER.—If a designated law enforcement of10 ficer issues a receipt under subparagraph (A), 

11 the officer shall submit the original receipt and 

12 a copy of the receipt to the appropriate United 

13 States marshal to enable the United States 

14 marshal to comply with subparagraph (B). 

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

16 attempts, in violation of an extreme risk protection 

17 order, to access a firearm, ammunition, or a permit 

18 that was surrendered or removed under this sub19 section, the firearm, ammunition, or permit shall be 

20 subject to seizure and forfeiture under section 

21 924(d). 

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

23 ‘‘(1) NOTICE.—If an extreme risk protection 

24 order is dissolved, or expires and is not renewed, the 


kjohnson on DSK79L0C42 with BILLS
17 

•HR 3076 IH

1 court that issued the order shall order the United 

2 States Marshals Service to— 

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

4 criminal background check system and any 

5 other relevant law enforcement databases, that 

6 the respondent may lawfully own and possess 

7 firearms and ammunition; and 

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

9 and possess firearms and ammunition, notify 

10 the respondent that the respondent may re11 trieve each firearm, ammunition, or permit sur12 rendered by or removed from the respondent 

13 under subsection (f); or 

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

15 own or possess firearms and ammunition, notify 

16 the respondent that each firearm, ammunition, 

17 or permit surrendered by or removed from the 

18 respondent under subsection (f) will be returned 

19 only when the respondent demonstrates to the 

20 United States Marshals Service that the re21 spondent may lawfully own and possess fire22 arms and ammunition. 

23 ‘‘(2) RETURN.—If an extreme risk protection 

24 order is dissolved, or expires and is not renewed, and 

25 the United States Marshals Service confirms under 


kjohnson on DSK79L0C42 with BILLS
18 

•HR 3076 IH

1 paragraph (1)(A) that the respondent may lawfully 

2 own and possess firearms and ammunition, the court 

3 that issued the order shall order the entity that pos4 sesses each firearm, ammunition, or permit surren5 dered by or removed from the respondent under sub6 section (f) to return those items to the respondent. 

7 ‘‘(h) RETURN OF FIREARMS AND AMMUNITION IM8 PROPERLY RECEIVED.—If a court, in a hearing under 

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

10 surrendered by or removed from a respondent under sub11 section (f) is owned by an individual other than the re12 spondent, the court may order the United States marshal 

13 or designated law enforcement officer in possession of the 

14 firearm or ammunition to transfer the firearm or ammuni15 tion to that individual if— 

16 ‘‘(1) the individual may lawfully own and pos17 sess firearms and ammunition; and 

18 ‘‘(2) the individual will not provide the respond19 ent with access to the firearm or ammunition. 

20 ‘‘(i) PENALTY FOR FALSE REPORTING OR FRIVO21 LOUS PETITIONS.—An individual who knowingly submits 

22 materially false information to the court in a petition for 

23 an extreme risk protection order under this section, or who 

24 knowingly files such a petition that is frivolous, unreason25 able, or without foundation, shall be fined not less than 


kjohnson on DSK79L0C42 with BILLS
19 

•HR 3076 IH

1 $1,000, in addition to any other penalty authorized by law, 

2 as the court deems necessary to deter such abuse of proc3 ess. 

4 ‘‘(j) MODEL POLICY.— 

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

6 model policy to maximize the accessibility of extreme 

7 risk protection orders. 

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

9 under paragraph (1), the Director shall— 

10 ‘‘(A) ensure that State and local law en11 forcement officers and members of the public 

12 without legal training are able to easily file pe13 titions for extreme risk protection orders; 

14 ‘‘(B) prescribe outreach efforts by employ15 ees of the district courts of the United States 

16 to familiarize relevant law enforcement officers 

17 and the public with the procedures for filing pe18 titions, either— 

19 ‘‘(i) through direct outreach; or 

20 ‘‘(ii) in coordination with— 

21 ‘‘(I) relevant officials in the exec22 utive or legislative branch of the Fed23 eral Government; or 

24 ‘‘(II) with State and local offi25 cials; 


kjohnson on DSK79L0C42 with BILLS
20 

•HR 3076 IH

1 ‘‘(C) prescribe policies for allowing the fil2 ing of petitions and prompt adjudication of pe3 titions on weekends and outside of normal court 

4 hours; 

5 ‘‘(D) prescribe policies for coordinating 

6 with law enforcement agencies to ensure the 

7 safe, timely, and effective service of extreme 

8 risk protection orders and relinquishment of 

9 firearms, ammunition, and permits, as applica10 ble; and 

11 ‘‘(E) identify governmental and non-gov12 ernmental resources and partners to help offi13 cials of the district courts of the United States 

14 coordinate with civil society organizations to en15 sure the safe and effective implementation of 

16 this section. 

17 ‘‘(k) REPORTING.— 

18 ‘‘(1) INDIVIDUAL REPORTS.— 

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

20 days after the date on which a court issues or 

21 dissolves an extreme risk protection order under 

22 this section or an extreme risk protection order 

23 expires without being renewed, the court shall 

24 notify— 

25 ‘‘(i) the Attorney General; 


kjohnson on DSK79L0C42 with BILLS
21 

•HR 3076 IH

1 ‘‘(ii) each relevant mental health 

2 agency in the State in which the order is 

3 issued; and 

4 ‘‘(iii) State and local law enforcement 

5 officials in the jurisdiction in which the 

6 order is issued, including the national in7 stant criminal background check system 

8 single point of contact for the State of res9 idence of the respondent, where applicable. 

10 ‘‘(B) FORMAT.—A court shall submit a no11 tice under subparagraph (A) in an electronic 

12 format, in a manner prescribed by the Attorney 

13 General. 

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

15 practicable and not later than 5 days after re16 ceiving a notice under subparagraph (A), the 

17 Attorney General shall update the background 

18 check databases of the Attorney General to re19 flect the prohibitions articulated in the applica20 ble extreme risk protection order. 

21 ‘‘(2) ANNUAL REPORTS.—Not later than 1 year 

22 after the date of enactment of the Federal Extreme 

23 Risk Protection Order Act of 2019, and annually 

24 thereafter, the Director shall submit to the Com25 mittee on the Judiciary of the Senate and the ComVerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3076.IH H3076

kjohnson on DSK79L0C42 with BILLS
22 

•HR 3076 IH

1 mittee on the Judiciary of the House of Representa2 tives a report that includes, with respect to the pre3 ceding year— 

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

5 orders filed, as well as the number of such or6 ders issued and the number denied; 

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

8 orders filed, as well as the number of such or9 ders issued and the number denied; 

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

11 of long-term orders filed, as well as the number 

12 of such orders issued and the number denied; 

13 and 

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

15 has issued a penalty for false reporting or frivo16 lous petitions.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

20 amended by adding at the end the following: 

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

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

22 18, United States Code, is amended— 

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

24 ‘‘and’’ at the end; 


kjohnson on DSK79L0C42 with BILLS
23 

•HR 3076 IH

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

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

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

4 ‘‘(G) any attempt to violate an extreme 

5 risk protection order issued under section 

6 932.’’. 

7 SEC. 3. BRADY ACT PROHIBITORS. 

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

9 amended— 

10 (1) in subsection (d)— 

11 (A) in paragraph (8), by striking ‘‘or’’ at 

12 the end; 

13 (B) in paragraph (9), by striking the pe14 riod at the end and inserting ‘‘; or’’; and 

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

16 following: 

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

18 the person from purchasing, possessing, or receiving 

19 a firearm or ammunition.’’; and 

20 (2) in subsection (g)— 

21 (A) in paragraph (8), by striking ‘‘or’’ at 

22 the end; 

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

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


kjohnson on DSK79L0C42 with BILLS
24 

•HR 3076 IH

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

2 following: 

3 ‘‘(10) who is subject to a court order that pro4 hibits the person from purchasing, possessing, or re5 ceiving a firearm or ammunition,’’. 

6 SEC. 4. SEVERABILITY. 

7 If any provision of this Act or any amendment made 

8 by this Act, or any application of such provision or amend9 ment to any person or circumstance, is held to be invalid, 

10 the remainder of the provisions of this Act and the amend11 ments made by this Act and the application of the provi12 sion or amendment to any other person or circumstance 

13 shall not be affected. 

14 SEC. 5. PREEMPTION. 

15 Nothing in this Act or an amendment made by this 

16 Act shall be construed to preempt any State law or policy. 

Æ 


kjohnson on DSK79L0C42 with BILLS