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. MUCARSEL- 
POWELL, 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 Massa-
chusetts, 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Extreme Risk 
Protection Order Act of 2019’’. 
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SEC. 2. EXTREME RISK PROTECTION ORDERS. 
(a) IN GENERAL.—Chapter 44 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 932. Extreme risk protection orders 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘designated law enforcement offi-
cer’ means a law enforcement officer, designated by 
a United States marshal, who agrees to receive fire-
arms, ammunition, and permit, as applicable, sur-
rendered under subsection (f); 
‘‘(2) the term ‘Director’ means the Director of 
the Administrative Office of the United States 
Courts; 
‘‘(3) the term ‘ex parte extreme risk protection 
order’ or ‘ex parte order’ means an extreme risk pro-
tection order issued under subsection (c); 
‘‘(4) the term ‘extreme risk protection order’ 
means an order issued by a Federal court that en-
joins an individual from purchasing, possessing, or 
receiving, in or affecting interstate and foreign com-
merce, a firearm or ammunition; 
‘‘(5) the term ‘family or household member’, 
with respect to a respondent, means any— 
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‘‘(A) parent, spouse, sibling, or child re-
lated by blood, marriage, or adoption to the re-
spondent; 
‘‘(B) dating partner of the respondent; 
‘‘(C) individual who has a child in common 
with the respondent, regardless of whether the 
individual has— 
‘‘(i) been married to the respondent; 
or 
‘‘(ii) lived together with the respond-
ent at any time; 
‘‘(D) individual who resides or has resided 
with the respondent during the past year; 
‘‘(E) domestic partner of the respondent; 
‘‘(F) individual who has a legal parent- 
child relationship with the respondent, including 
a stepparent-stepchild and grandparent-grand-
child relationship; and 
‘‘(G) individual who is acting or has acted 
as the legal guardian of the respondent; 
‘‘(6) the term ‘law enforcement officer’ means 
any officer, agent, or employee of the Federal Gov-
ernment or a State government, unit of local govern-
ment, or Indian tribe (as defined in section 4 of the 
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Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304)) authorized— 
‘‘(A) by law or by a government agency to 
engage in or supervise the prevention, detection, 
or investigation of any violation of criminal law; 
or 
‘‘(B) by law to supervise sentenced crimi-
nal offenders; 
‘‘(7) the term ‘long-term extreme risk protec-
tion order’ or ‘long-term order’ means an extreme 
risk protection order issued under subsection (d); 
‘‘(8) the term ‘mental health agency’ means an 
agency of a State or local government or its con-
tracted agency that is responsible for mental health 
services or co-occurring mental health and substance 
abuse services; and 
‘‘(9) the term ‘national instant criminal back-
ground check system’ means the national instant 
criminal background check system established under 
section 103 of the Brady Handgun Violence Preven-
tion Act (34 U.S.C. 40901). 
‘‘(b) PETITION.— 
‘‘(1) IN
GENERAL.—A family or household 
member of the applicable individual, or a law en-
forcement officer, may submit to an appropriate dis-
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‘‘(B) if the respondent waives the right to 
a hearing under subparagraph (A) or the court 
does not issue an ex parte order, not later than 
14 days after the date on which the court re-
ceives the petition. 
‘‘(2) 
NOTICE
AND
OPPORTUNITY
TO
BE 
HEARD.— 
‘‘(A) IN GENERAL.—The court shall pro-
vide the respondent with notice and the oppor-
tunity to be heard at a hearing under this sub-
section, sufficient to protect the due process 
rights of the respondent. 
‘‘(B) RIGHT TO COUNSEL.— 
‘‘(i) IN
GENERAL.—At a hearing 
under this subsection, the respondent may 
be represented by counsel who is— 
‘‘(I) chosen by the respondent; 
and 
‘‘(II) authorized to practice at 
such a hearing. 
‘‘(ii) COURT-PROVIDED COUNSEL.—If 
the respondent is financially unable to ob-
tain representation by counsel, the court, 
at the request of the respondent, shall en-
sure to the extent practicable that the re-
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spondent is represented by an attorney for 
the Legal Services Corporation with re-
spect to the petition. 
‘‘(3) BURDEN
OF
PROOF; STANDARD.—At a 
hearing under this subsection, the petitioner— 
‘‘(A) shall have the burden of proving all 
material facts; and 
‘‘(B) shall be required to demonstrate, by 
clear and convincing evidence, that— 
‘‘(i) the respondent poses a risk of 
personal injury to himself or herself, or an-
other individual, during the period to be 
covered by the proposed extreme risk pro-
tection order, by purchasing, possessing, or 
receiving a firearm or ammunition; and 
‘‘(ii) the order is necessary to prevent 
the injury described in clause (i). 
‘‘(4) ISSUANCE.—Upon a showing of clear and 
convincing evidence under paragraph (3), the court 
shall issue a long-term order with respect to the re-
spondent that shall be in effect for a period of not 
more than 180 days. 
‘‘(5) DENIAL.—If the court finds that there is 
not clear and convincing evidence to support the 
issuance of a long-term order, the court shall dis-
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solve any ex parte order then in effect with respect 
to the respondent. 
‘‘(6) RENEWAL.— 
‘‘(A) NOTICE
OF
SCHEDULED
EXPIRA-
TION.—Thirty days before the date on which a 
long-term order is scheduled to expire, the court 
that issued the order shall— 
‘‘(i) notify the petitioner and the re-
spondent that the order is scheduled to ex-
pire; and 
‘‘(ii) advise the petitioner and the re-
spondent of the procedures for seeking a 
renewal of the order under this paragraph. 
‘‘(B) PETITION.—If a family or household 
member of the respondent, or a law enforce-
ment officer, believes that the conditions under 
paragraph (3)(B) continue to apply with respect 
to a respondent who is subject to a long-term 
order, the family or household member or law 
enforcement officer may submit to the court 
that issued the order a petition for a renewal of 
the order. 
‘‘(C) HEARING.—A court that receives a 
petition submitted under subparagraph (B) 
shall hold a hearing to determine whether to 
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issue a renewed long-term order with respect to 
the respondent. 
‘‘(D) APPLICABLE PROCEDURES.—The re-
quirements under paragraphs (2) through (5) 
shall apply to the consideration of a petition for 
a renewed long-term order submitted under 
subparagraph (B) of this paragraph. 
‘‘(E) ISSUANCE.—Upon a showing by clear 
and convincing evidence that the conditions 
under paragraph (3)(B) continue to apply with 
respect to the respondent, the court shall issue 
a renewed long-term order with respect to the 
respondent. 
‘‘(e) FACTORS
TO
CONSIDER.—In determining 
whether to issue an extreme risk protection order, a 
court— 
‘‘(1) shall consider factors including— 
‘‘(A) recent threats or acts of violence by 
the respondent directed toward other individ-
uals; 
‘‘(B) recent threats or acts of violence by 
the respondent directed toward himself or her-
self; 
‘‘(C) recent acts of cruelty to animals by 
the respondent; and 
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‘‘(D) evidence of— 
‘‘(i) recent criminal offenses by the re-
spondent that involve controlled substances 
or alcohol; or 
‘‘(ii) ongoing abuse of controlled sub-
stances or alcohol by the respondent; and 
‘‘(2) may consider other factors, including— 
‘‘(A) the reckless use, display, or bran-
dishing of a firearm by the respondent; 
‘‘(B) a history of violence or attempted vio-
lence by the respondent against other individ-
uals; and 
‘‘(C) prior involuntary confinement of the 
respondent in a hospital for individuals with 
psychiatric disabilities. 
‘‘(f) RELINQUISHMENT OF FIREARMS AND AMMUNI-
TION.— 
‘‘(1) ORDER OF SURRENDER.—Upon issuance 
of an ex parte order or long-term order, the court 
shall order the respondent to surrender all firearms 
and ammunition that the respondent possesses or 
owns, in or affecting interstate commerce, as well as 
any permit authorizing the respondent to purchase 
or possess firearms (including a concealed carry per-
mit), to— 
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‘‘(A) the United States Marshals Service; 
or 
‘‘(B) a designated law enforcement officer. 
‘‘(2) SURRENDER AND REMOVAL.— 
‘‘(A) MANNER OF SERVICE.— 
‘‘(i) PERSONAL SERVICE.—Except as 
provided in clause (ii), a United States 
marshal or designated law enforcement of-
ficer shall serve an extreme risk protection 
order on a respondent by handing the 
order to the respondent. 
‘‘(ii) ALTERNATIVE SERVICE.—If the 
respondent cannot reasonably be located 
for service as described in clause (i), an ex-
treme risk protection order may be served 
on the respondent in any manner author-
ized under the Federal Rules of Civil Pro-
cedure. 
‘‘(B) REMOVAL.—Except as provided in 
subparagraph (C), a United States marshal or 
designated law enforcement officer serving an 
extreme risk protection order personally on the 
respondent shall— 
‘‘(i) request that all firearms and am-
munition, in or affecting interstate com-
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