I 

117TH CONGRESS 

1ST SESSION H. R. 3480 

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

from individuals who are a danger to themselves or others pursuant 

to court orders for this purpose. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2021 

Mr. CARBAJAL (for himself, Mr. BEYER, Ms. BROWNLEY, and Mrs. DINGELL) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

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

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

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Extreme Risk Protec5 tion Order Act of 2021’’. 

6 SEC. 2. EXTREME RISK PROTECTION ORDER GRANT PRO7 GRAM. 

8 (a) DEFINITIONS.—In this section: 


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

3 (A) a State or Indian Tribe— 

4 (i) that enacts legislation described in 

5 subsection (c); 

6 (ii) with respect to which the Attorney 

7 General determines that the legislation de8 scribed in clause (i) complies with the re9 quirements under subsection (c)(1); and 

10 (iii) that certifies to the Attorney 

11 General that the State or Indian Tribe 

12 shall— 

13 (I) use the grant for the purposes 

14 described in subsection (b)(2); and 

15 (II) allocate not less than 25 per16 cent and not more than 70 percent of 

17 the amount received under a grant 

18 under subsection (b) for the develop19 ment and dissemination of training 

20 for law enforcement officers in accord21 ance with subsection (b)(4); or 

22 (B) a unit of local government or other 

23 public or private entity that— 

24 (i) is located in a State or in the terri25 tory under the jurisdiction of an Indian 


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1 Tribe that meets the requirements de2 scribed in clauses (i) and (ii) of subpara3 graph (A); and 

4 (ii) certifies to the Attorney General 

5 that the unit of local government or entity 

6 shall— 

7 (I) use the grant for the purposes 

8 described in subsection (b)(2); and 

9 (II) allocate not less than 25 per10 cent and not more than 70 percent of 

11 the amount received under a grant 

12 under this section for the development 

13 and dissemination of training for law 

14 enforcement officers in accordance 

15 with subsection (b)(4). 

16 (2) EXTREME RISK PROTECTION ORDER.—The 

17 term ‘‘extreme risk protection order’’ means a writ18 ten order or warrant, issued by a State or Tribal 

19 court or signed by a magistrate (or other com20 parable judicial officer), the primary purpose of 

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

22 or injury by doing 1 or more of the following: 

23 (A) Prohibiting a named individual from 

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1 vidual, owning, purchasing, possessing, or re2 ceiving a firearm. 

3 (B) Having a firearm removed or requiring 

4 the surrender of firearms from a named indi5 vidual. 

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

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

8 United States Code. 

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

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

11 section 1709 of title I of the Omnibus Crime Control 

12 and Safe Streets Act of 1968 (34 U.S.C. 10389). 

13 (5) LAW ENFORCEMENT OFFICER.—The term 

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

15 authorized by Federal, State, local, or Tribal law or 

16 by a Federal, State, local, or Tribal government 

17 agency to— 

18 (A) engage in or supervise the prevention, 

19 detection, investigation, or prosecution of an of20 fense; or 

21 (B) supervise sentenced criminal offenders. 

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

23 means an individual authorized under State or Trib24 al law to petition for an extreme risk protection 

25 order. 


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1 (7) RESPONDENT.—The term ‘‘respondent’’ 

2 means an individual named in the petition for an ex3 treme risk protection order or subject to an extreme 

4 risk protection order. 

5 (8) STATE.—The term ‘‘State’’ means— 

6 (A) a State; 

7 (B) the District of Columbia; 

8 (C) the Commonwealth of Puerto Rico; 

9 and 

10 (D) any other territory or possession of the 

11 United States. 

12 (9) UNIT OF LOCAL GOVERNMENT.—The term 

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

14 the term in section 901 of title I of the Omnibus 

15 Crime Control and Safe Streets Act of 1968 (34 

16 U.S.C. 10251). 

17 (b) GRANT PROGRAM ESTABLISHED.— 

18 (1) IN GENERAL.—The Director of the Office of 

19 Community Oriented Policing Services of the De20 partment of Justice shall establish a program under 

21 which, from amounts made available to carry out 

22 this section, the Director may make grants to eligi23 ble entities to assist in carrying out the provisions 

24 of the legislation described in subsection (c). 


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1 (2) USE OF FUNDS.—Funds awarded under 

2 this subsection may be used by an applicant to— 

3 (A) enhance the capacity of law enforce4 ment agencies and the courts of a State, unit 

5 of local government, or Indian Tribe by pro6 viding personnel, training, technical assistance, 

7 data collection, and other resources to carry out 

8 enacted legislation described in subsection (c); 

9 (B) train judges, court personnel, health 

10 care and legal professionals, and law enforce11 ment officers to more accurately identify indi12 viduals whose access to firearms poses a danger 

13 of causing harm to themselves or others by in14 creasing the risk of firearms suicide or inter15 personal violence; 

16 (C) develop and implement law enforce17 ment and court protocols, forms, and orders so 

18 that law enforcement agencies and the courts 

19 may carry out the provisions of the enacted leg20 islation described in subsection (c) in a safe, eq21 uitable, and effective manner, including through 

22 the removal and storage of firearms pursuant to 

23 extreme risk protection orders under the en24 acted legislation; and 


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1 (D) raise public awareness and under2 standing of the enacted legislation described in 

3 subsection (c), including through subgrants to 

4 community-based organizations for the training 

5 of community members, so that extreme risk 

6 protection orders may be issued in appropriate 

7 situations to reduce the risk of firearms-related 

8 death and injury. 

9 (3) APPLICATION.—An eligible entity desiring a 

10 grant under this subsection shall submit to the At11 torney General an application at such time, in such 

12 manner, and containing or accompanied by such in13 formation as the Attorney General may reasonably 

14 require. 

15 (4) TRAINING.— 

16 (A) IN GENERAL.—A recipient of a grant 

17 under this subsection shall provide training to 

18 law enforcement officers, including officers of 

19 relevant Federal, State, local, and Tribal law 

20 enforcement agencies, in the safe, impartial, ef21 fective, and equitable use and administration of 

22 extreme risk protection orders, including train23 ing to address— 

24 (i) bias based on race and racism, eth25 nicity, gender, sexual orientation, gender 


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1 identity, religion, language proficiency, and 

2 classism in the use and administration of 

3 extreme risk protection orders; 

4 (ii) the appropriate use of extreme 

5 risk protection orders in cases of domestic 

6 violence, including the applicability of other 

7 policies and protocols to address domestic 

8 violence in situations that may also involve 

9 extreme risk protection orders and the ne10 cessity of safety planning with the victim 

11 before a law enforcement officer petitions 

12 for and executes an extreme risk protection 

13 order, if applicable; 

14 (iii) interacting with persons with a 

15 mental illness or emotional distress, includ16 ing de-escalation and crisis intervention; 

17 and 

18 (iv) best practices for referring per19 sons subject to extreme risk protection or20 ders and associated victims of violence to 

21 social service providers that may be avail22 able in the jurisdiction and appropriate for 

23 those individuals, including health care, 

24 mental health, substance abuse, and legal 

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1 ices, housing assistance, case management, 

2 and veterans and disability benefits. 

3 (B) CONSULTATION WITH EXPERTS.—A 

4 recipient of a grant under this subsection, in 

5 developing law enforcement training required 

6 under subparagraph (A), shall seek advice from 

7 domestic violence service providers (including 

8 culturally specific (as defined in section 40002 

9 of the Violence Against Women Act of 1994 (34 

10 U.S.C. 12291)) organizations), social service 

11 providers, suicide prevention advocates, violence 

12 intervention specialists, and other community 

13 groups working to reduce suicides and violence, 

14 including domestic violence, within the State or 

15 the territory under the jurisdiction of the In16 dian Tribe, as applicable, that enacted the legis17 lation described in subsection (c) that enabled 

18 the grant recipient to be an eligible entity. 

19 (5) INCENTIVES.—For each of fiscal years 2022 

20 through 2026, the Attorney General shall give af21 firmative preference in awarding any discretionary 

22 grant awarded by the Office of Community Oriented 

23 Policing Services to a State or Indian Tribe that has 

24 enacted legislation described in subsection (c) or to 

25 a unit of local government or other public or private 


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1 entity located in such a State or in the territory 

2 under the jurisdiction of such an Indian Tribe. 

3 (6) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this section. 

6 (c) ELIGIBILITY FOR EXTREME RISK PROTECTION

7 ORDER GRANT PROGRAM.— 

8 (1) REQUIREMENTS.—Legislation described in 

9 this subsection is legislation that establishes require10 ments that are substantially similar to the following: 

11 (A) APPLICATION FOR EXTREME RISK

12 PROTECTION ORDER.—A petitioner, including a 

13 law enforcement officer, may submit an applica14 tion to a State or Tribal court, on a form de15 signed by the court or a State or Tribal agency, 

16 that— 

17 (i) describes the facts and cir18 cumstances justifying that an extreme risk 

19 protection order be issued against the 

20 named individual; and 

21 (ii) is signed by the applicant, under 

22 oath. 

23 (B) NOTICE AND DUE PROCESS.—The in24 dividual named in an application for an extreme 

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1 graph (A) shall be given written notice of the 

2 application and an opportunity to be heard on 

3 the matter in accordance with this paragraph. 

4 (C) ISSUANCE OF EXTREME RISK PROTEC5 TION ORDERS.— 

6 (i) HEARING.— 

7 (I) IN GENERAL.—Upon receipt 

8 of an application described in sub9 paragraph (A) or request of an indi10 vidual named in such an application, 

11 the court shall order a hearing to be 

12 held within a reasonable time, and not 

13 later than 30 days after the date of 

14 the application or request. 

15 (II) DETERMINATION.—If the 

16 court finds at the hearing ordered 

17 under subclause (I), by a preponder18 ance of the evidence or according to a 

19 higher evidentiary standard estab20 lished by the State or Indian Tribe, 

21 that the respondent poses a danger of 

22 causing harm to self or others by hav23 ing access to a firearm, the court may 

24 issue an extreme risk protection order. 


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1 (ii) DURATION OF EXTREME RISK

2 PROTECTION ORDER.—An extreme risk 

3 protection order shall be in effect— 

4 (I) until an order terminating or 

5 superseding the extreme risk protec6 tion order is issued; or 

7 (II) for a set period of time. 

8 (D) EX PARTE EXTREME RISK PROTEC9 TION ORDERS.— 

10 (i) IN GENERAL.—Upon receipt of an 

11 application described in subparagraph (A), 

12 the court may issue an ex parte extreme 

13 risk protection order, if— 

14 (I) the application for an extreme 

15 risk protection order alleges that the 

16 respondent poses a danger of causing 

17 harm to self or others by having ac18 cess to a firearm; and 

19 (II) the court finds there is rea20 sonable cause to believe, or makes a 

21 finding according to a higher evi22 dentiary standard established by the 

23 State or Indian Tribe, that the re24 spondent poses a danger of causing 


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1 harm to self or others by having ac2 cess to a firearm. 

3 (ii) DURATION OF EX PARTE EX4 TREME RISK PROTECTION ORDER.—An ex 

5 parte extreme risk protection order shall 

6 remain in effect only until the hearing re7 quired under subparagraph (C)(i). 

8 (E) STORAGE OF REMOVED FIREARMS.— 

9 (i) AVAILABILITY FOR RETURN.—All 

10 firearms removed or surrendered pursuant 

11 to an extreme risk protection order shall 

12 only be available for return to the named 

13 individual when the individual has regained 

14 eligibility under Federal and State law, 

15 and, where applicable, Tribal law to pos16 sess firearms. 

17 (ii) CONSENT REQUIRED FOR DIS18 POSAL OR DESTRUCTION.—Firearms 

19 owned by a named individual may not be 

20 disposed of or destroyed during the period 

21 of the extreme risk protection order with22 out the consent of the named individual. 

23 (F) NOTIFICATION.— 

24 (i) IN GENERAL.— 


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1 (I) REQUIREMENT.—A State or 

2 Tribal court that issues an extreme 

3 risk protection order shall notify the 

4 Attorney General or the comparable 

5 State or Tribal agency, as applicable, 

6 of the order as soon as practicable or 

7 within a designated period of time. 

8 (II) FORM AND MANNER.—A 

9 State or Tribal court shall submit a 

10 notification under subclause (I) in an 

11 electronic format, in a manner pre12 scribed by the Attorney General or the 

13 comparable State or Tribal agency. 

14 (ii) UPDATE OF DATABASES.—As 

15 soon as practicable or within the time pe16 riod designated by State or Tribal law 

17 after receiving a notification under clause 

18 (i), the Attorney General or the com19 parable State or Tribal agency shall ensure 

20 that the extreme risk protection order is 

21 reflected in the National Instant Criminal 

22 Background Check System. 

23 (2) ADDITIONAL PROVISIONS.—Legislation de24 scribed in this subsection may— 


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1 (A) provide procedures for the termination 

2 of an extreme risk protection order; 

3 (B) provide procedures for the renewal of 

4 an extreme risk protection order; 

5 (C) establish burdens and standards of 

6 proof for issuance of orders described in para7 graph (1) that are substantially similar to or 

8 higher than the burdens and standards of proof 

9 set forth in that paragraph; 

10 (D) limit the individuals who may submit 

11 an application described in paragraph (1), pro12 vided that, at a minimum, law enforcement offi13 cers are authorized to do so; and 

14 (E) include any other authorizations or re15 quirements that the State or Tribal authorities 

16 determine appropriate. 

17 (3) ANNUAL REPORT.—Not later than 1 year 

18 after the date on which an eligible entity receives a 

19 grant under subsection (b), and annually thereafter 

20 for the duration of the grant period, the entity shall 

21 submit to the Attorney General a report that in22 cludes, with respect to the preceding year— 

23 (A) the number of petitions for ex parte 

24 extreme risk protection orders filed, as well as 


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1 the number of such orders issued and the num2 ber denied, disaggregated by— 

3 (i) the jurisdiction; 

4 (ii) the individual authorized under 

5 State or Tribal law to petition for an ex6 treme risk protection order, including the 

7 relationship of the individual to the re8 spondent; and 

9 (iii) the alleged danger posed by the 

10 respondent, including whether the danger 

11 involved a risk of suicide, unintentional in12 jury, domestic violence, or other inter13 personal violence; 

14 (B) the number of petitions for extreme 

15 risk protection orders filed, as well as the num16 ber of such orders issued and the number de17 nied, disaggregated by— 

18 (i) the jurisdiction; 

19 (ii) the individual authorized under 

20 State or Tribal law to petition for an ex21 treme risk protection order, including the 

22 relationship of the individual to the re23 spondent; and 

24 (iii) the alleged danger posed by the 

25 respondent, including whether the danger 


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1 involved a risk of suicide, unintentional in2 jury, domestic violence, or other inter3 personal violence; 

4 (C) the number of petitions for renewals of 

5 extreme risk protection orders filed, as well as 

6 the number of such orders issued and the num7 ber denied; 

8 (D) the number of cases in which a court 

9 imposed a penalty for false reporting or frivo10 lous petitions; 

11 (E) demographic data of petitioners, in12 cluding race, ethnicity, national origin, sex, gen13 der, age, disability, and English language pro14 ficiency, if available; 

15 (F) demographic data of respondents, in16 cluding race, ethnicity, national origin, sex, gen17 der, age, disability, and English language pro18 ficiency, if available; and 

19 (G) the number of firearms removed, if 

20 available. 

21 SEC. 3. FEDERAL FIREARMS PROHIBITION. 

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

23 amended— 

24 (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, the primary 

8 purpose of which is to reduce the risk of firearm-re9 lated death or injury by prohibiting such person 

10 from having under the person’s custody or control, 

11 owning, purchasing, possessing, or receiving any 

12 firearms, provided that the order— 

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

14 the due process rights of the person; and 

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

16 poses a danger of causing harm to self or oth17 ers by having access to a firearm.’’; and 

18 (2) in subsection (g)— 

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

20 ‘‘or’’ at the end; 

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

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

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

24 following: 


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1 ‘‘(10) is subject to a court order, the primary 

2 purpose of which is to reduce the risk of firearm-re3 lated death or injury by prohibiting such person 

4 from having under the person’s custody or control, 

5 owning, purchasing, possessing, or receiving any 

6 firearms, provided that the order— 

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

8 the due process rights of the person; and 

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

10 poses a danger of causing harm to self or oth11 ers by having access to a firearm,’’. 

12 SEC. 4. IDENTIFICATION RECORDS. 

13 Section 534 of title 28, United States Code, is 

14 amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (3), by striking ‘‘and’’ at 

17 the end; 

18 (B) by redesignating paragraph (4) as 

19 paragraph (5); and 

20 (C) by inserting after paragraph (3) the 

21 following: 

22 ‘‘(4)(A) subject to subparagraph (B), acquire, 

23 collect, classify, and preserve records from Federal, 

24 Tribal, and State courts and other agencies identi25 fying individuals subject to extreme risk protection 


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1 orders, as defined in section 2(a) of the Extreme 

2 Risk Protection Order Act of 2021; and 

3 ‘‘(B) destroy each record acquired or collected 

4 under subparagraph (A) when the applicable ex5 treme risk protection order expires or is terminated 

6 or dissolved; and’’; 

7 (2) in subsection (b), by striking ‘‘(a)(4)’’ and 

8 inserting ‘‘(a)(5)’’; and 

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

10 ‘‘(g) EXTREME RISK PROTECTION ORDERS IN NA11 TIONAL CRIME INFORMATION DATABASES.—A Federal, 

12 Tribal, or State criminal justice agency or criminal or civil 

13 court may— 

14 ‘‘(1) include extreme risk protection orders, as 

15 defined in section 2 of the Extreme Risk Protection 

16 Order Act of 2021, in national crime information 

17 databases, as that term is defined in subsection 

18 (f)(3) of this section; and 

19 ‘‘(2) have access to information regarding ex20 treme risk protection orders through the national 

21 crime information databases.’’. 

22 SEC. 5. CONFORMING AMENDMENT. 

23 Section 3(1) of the NICS Improvement Amendments 

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


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

2 of section 922(g)’’. 

3 SEC. 6. FULL FAITH AND CREDIT. 

4 (a) DEFINITIONS.—In this section, the terms ‘‘ex5 treme risk protection order’’, ‘‘Indian Tribe’’, and ‘‘State’’ 

6 have the meanings given those terms in section 2(a). 

7 (b) FULL FAITH AND CREDIT REQUIRED.—Any ex8 treme risk protection order issued under a State or Tribal 

9 law enacted in accordance with this Act shall be accorded 

10 the same full faith and credit by the court of another State 

11 or Indian Tribe (referred to in this subsection as the ‘‘en12 forcing State or Indian Tribe’’) and enforced by the court 

13 and law enforcement personnel of the other State or Tribal 

14 government as if it were the order of the enforcing State 

15 or Indian Tribe. 

16 (c) APPLICABILITY TO PROTECTION ORDERS.— 

17 (1) IN GENERAL.—Subsection (b) shall apply to 

18 a protection order issued by a State or Tribal court 

19 if— 

20 (A) the court has jurisdiction over the par21 ties and matter under the law of the State or 

22 Indian Tribe; and 

23 (B) reasonable notice and opportunity to 

24 be heard is given to the person against whom 


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1 the order is sought sufficient to protect that 

2 person’s right to due process. 

3 (2) EX PARTE PROTECTION ORDERS.—For pur4 poses of paragraph (1)(B), in the case of an ex parte 

5 protection order, notice and opportunity to be heard 

6 shall be provided within the time required by State 

7 or Tribal law, and in any event within a reasonable 

8 time after the order is issued, sufficient to protect 

9 the due process rights of the respondent. 

10 (d) TRIBAL COURT JURISDICTION.—For purposes of 

11 this section, a court of an Indian Tribe shall have full civil 

12 jurisdiction to issue and enforce a protection order involv13 ing any person, including the authority to enforce any 

14 order through civil contempt proceedings, to exclude viola15 tors from Indian land, and to use other appropriate mech16 anisms, in matters arising anywhere in the Indian country 

17 (as defined in section 1151 of title 18, United States 

18 Code) of the Indian Tribe or otherwise within the author19 ity of the Indian Tribe. 

20 SEC. 7. SEVERABILITY. 

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

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

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


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

Æ 


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