law enforcement officer to temporarily seize and re-
tain any firearm in the possession of the individual; 
(6) the term ‘‘law enforcement officer’’ means 
a public servant authorized by State law or by a 
State government agency to engage in or supervise 
the prevention, detection, investigation, or prosecu-
tion of an offense; and 
(7) the term ‘‘wellness check’’ means a visit 
conducted by a law enforcement officer to the resi-
dence of an individual for the purpose of assessing 
whether the individual poses a danger to the indi-
vidual or others due to a mental, behavioral, or 
physical condition. 
SEC. 3. NATIONAL GUN VIOLENCE PREVENTION ORDER 
AND WARRANT LAW. 
(a) ENACTMENT OF GUN VIOLENCE PREVENTION 
ORDER LAW.—In order to receive a grant under section 
4, on the date that is 3 years after the date of enactment 
of this Act, each State shall have in effect legislation 
that— 
(1) authorizes a gun violence prevention order 
and gun violence prevention warrant in accordance 
with subsection (b); and 
(2) requires each law enforcement agency of the 
State to comply with subsection (c). 
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(b) REQUIREMENTS FOR GUN VIOLENCE PREVEN-
TION ORDERS
AND WARRANTS.—Legislation required 
under subsection (a) shall be subject to the following re-
quirements: 
(1) APPLICATION FOR GUN VIOLENCE PREVEN-
TION ORDER.—A family member or close associate 
of an individual may submit an application to a 
State court, on a form designed by the court, that— 
(A) describes the facts and circumstances 
necessitating that a gun violence prevention 
order be issued against the named individual; 
(B) is signed by the applicant, under oath; 
and 
(C) includes any additional information re-
quired by the State court or magistrate (or 
other comparable judicial officer) to dem-
onstrate that possession of a firearm by the 
named individual poses a significant risk of per-
sonal injury to the named individual or others. 
(2) EXAMINATION
OF
APPLICANT
AND
WIT-
NESSES.—A State court or magistrate (or other 
comparable judicial officer) may, before issuing a 
gun violence prevention order— 
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(A) examine under oath, the individual 
who applied for the order under paragraph (1) 
and any witnesses the individual produces; and 
(B)(i) require that the individual or any 
witness submit a signed affidavit, which de-
scribes the facts the applicant or witness be-
lieves establish the grounds of the application; 
or 
(ii) take an oral statement from the indi-
vidual or witness under oath. 
(3) STANDARD FOR ISSUANCE OF ORDER.— 
(A) IN GENERAL.—A State court or mag-
istrate (or other comparable judicial officer) 
may issue a gun violence prevention order only 
upon a finding of probable cause that posses-
sion of a firearm by the named individual poses 
a significant risk of personal injury to the 
named individual or others. 
(B) NOTIFICATION.— 
(i) IN GENERAL.—The court shall no-
tify the Department of Justice and com-
parable State agency of the gun violence 
prevention order not later than 2 court 
days after issuing the order. The court 
shall also notify the Department of Justice 
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and comparable State agency of any order 
restoring the ability of the individual to 
own or possess firearms not later than 2 
court days after issuing the order to re-
store the individual’s right to own or pos-
sess any type of firearms that may be law-
fully owned and possessed. Such notice 
shall be submitted in an electronic format, 
in a manner prescribed by the Department 
of Justice and the comparable State agen-
cy. 
(ii) UPDATE
OF
DATABASES.—As 
soon as practicable after receiving a notifi-
cation under clause (i), the Department of 
Justice and comparable State agency shall 
update the background check databases of 
the Department and agency, respectively, 
to reflect the prohibitions articulated in the 
gun violence prevention order. 
(4) ISSUANCE OF GUN VIOLENCE PREVENTION 
WARRANT.— 
(A) IN GENERAL.—After issuing a gun vio-
lence prevention order, a State court or mag-
istrate (or other comparable judicial officer) 
shall, upon a finding of probable cause to be-
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lieve that the named individual subject to the 
order has a firearm in his custody or control, 
issue a gun violence prevention warrant order-
ing the temporary seizure of all firearms speci-
fied in the warrant. 
(B) REQUIREMENT.—Subject to paragraph 
(6), a gun violence prevention warrant issued 
under subparagraph (A) shall require that any 
firearm described in the warrant be taken from 
any place, or from any individual in whose pos-
session, the firearm may be. 
(5) SERVICE OF GUN VIOLENCE PREVENTION 
ORDER.—When serving a gun violence prevention 
order, a law enforcement officer shall provide the in-
dividual with a form to request a hearing in accord-
ance with paragraph (6)(F). 
(6) TEMPORARY SEIZURE OF FIREARMS.— 
(A) IN GENERAL.—When a law enforce-
ment officer takes property under a gun vio-
lence prevention warrant, the law enforcement 
officer shall give a receipt for the property 
taken, specifying the property in detail, to the 
individual from whom it was taken. In the ab-
sence of a person, the law enforcement officer 
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shall leave the receipt in the place where the 
law enforcement officer found the property. 
(B) TEMPORARY
CUSTODY
OF
SEIZED 
FIREARMS.—All firearms seized pursuant to a 
gun violence prevention warrant shall be re-
tained by the law enforcement officer or the law 
enforcement agency in custody, subject to the 
order of the court that issued the warrant or to 
any other court in which an offense with re-
spect to the firearm is triable. 
(C) LIMITATION
ON
SEIZURE
OF
FIRE-
ARMS.—If the location to be searched during 
the execution of a gun violence prevention war-
rant is jointly occupied by multiple parties and 
a firearm is located during the execution of the 
seizure warrant, and it is determined that the 
firearm is owned by an individual other than 
the individual named in the gun violence pre-
vention warrant, the firearm may not be seized 
if— 
(i) the firearm is stored in a manner 
that the individual named in the gun vio-
lence prevention warrant does not have ac-
cess to or control of the firearm; and 
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(ii) there is no evidence of unlawful 
possession of the firearm by the owner. 
(D) GUN
SAFE.—If the location to be 
searched during the execution of a gun violence 
prevention warrant is jointly occupied by mul-
tiple parties and a gun safe is located, and it 
is determined that the gun safe is owned by an 
individual other than the individual named in 
the gun violence prevention warrant, the con-
tents of the gun safe shall not be searched ex-
cept in the owner’s presence, or with the own-
er’s consent, or unless a valid search warrant 
has been obtained. 
(E) RETURN OF FIREARM TO RIGHTFUL 
OWNER.—If any individual who is not a named 
individual in a gun violence prevention warrant 
claims title to a firearm seized pursuant to a 
gun violence prevention warrant, the firearm 
shall be returned to the lawful owner not later 
than 30 days after the date on which the title 
is claimed. 
(F) RIGHT TO REQUEST A HEARING.—A 
named individual may submit 1 written request 
at any time during the effective period of a gun 
violence prevention order issued against the in-
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dividual for a hearing for an order allowing the 
individual to own, possess, purchase, or receive 
a firearm. 
(7) HEARING ON GUN VIOLENCE PREVENTION 
ORDER
AND
GUN
VIOLENCE
PREVENTION
WAR-
RANT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (E), not later than 14 days after 
the date on which a gun violence prevention 
order and, when applicable, a gun violence pre-
vention warrant, is issued, the court that issued 
the order and, when applicable, the warrant, or 
another court in that same jurisdiction, shall 
hold a hearing to determine whether the indi-
vidual who is the subject of the order may have 
under the custody or control of the individual, 
own, purchase, possess, or receive firearms and, 
when applicable, whether any seized firearms 
should be returned to the individual named in 
the warrant. 
(B) NOTICE.—The individual named in a 
gun violence prevention order requested to be 
renewed under subparagraph (A) shall be given 
written notice and an opportunity to be heard 
on the matter. 
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(C) BURDEN OF PROOF.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), at any hearing conducted 
under subparagraph (A), the State or peti-
tioner shall have the burden of establishing 
probable cause that the individual poses a 
significant risk of personal injury to the in-
dividual or others by owning or possessing 
the firearm. 
(ii) HIGHER BURDEN OF PROOF.—A 
State may establish a burden of proof for 
hearings conducted under subparagraph 
(A) that is higher than the burden of proof 
required under clause (i). 
(D) REQUIREMENTS
UPON
FINDING
OF 
SIGNIFICANT RISK.—If the named individual is 
found at the hearing to pose a significant risk 
of personal injury to the named individual or 
others by owning or possessing a firearm, the 
following shall apply: 
(i) The firearm or firearms seized 
pursuant to the warrant shall be retained 
by the law enforcement agency for a period 
not to exceed 1 year. 
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(ii) The named individual shall be 
prohibited from owning or possessing, pur-
chasing or receiving, or attempting to pur-
chase or receive a firearm for a period not 
to exceed 1 year, a violation of which shall 
be considered a misdemeanor offense. 
(iii) The court shall notify the Depart-
ment of Justice and comparable State 
agency of the gun violence prevention order 
not later than 2 court days after issuing 
the order. The court shall also notify the 
Department of Justice and comparable 
State agency of any order restoring the 
ability of the individual to own or possess 
firearms not later than 2 court days after 
issuing the order to restore the individual’s 
right to own or possess any type of fire-
arms that may be lawfully owned and pos-
sessed. Such notice shall be submitted in 
an electronic format, in a manner pre-
scribed by the Department of Justice and 
the comparable State agency. 
(iv) As soon as practicable after re-
ceiving a notification under clause (iii), the 
Department of Justice and comparable 
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State agency shall update the background 
check databases of the Department and 
agency, respectively, to reflect— 
(I) the prohibitions articulated in 
the gun violence prevention order; or 
(II) an order issued to restore an 
individual’s right to own or possess a 
firearm. 
(E) RETURN OF FIREARMS.—If the court 
finds that the State has not met the required 
standard of proof, any firearm seized pursuant 
to the warrant shall be returned to the named 
individual not later than 30 days after the hear-
ing. 
(F) LIMITATION
ON
HEARING
REQUIRE-
MENT.—If an individual named in a gun vio-
lence prevention warrant is prohibited from 
owning or possessing a firearm for a period of 
1 year or more by another provision of State or 
Federal law, a hearing pursuant to subpara-
graph (A) is not required and the court shall 
issue an order to hold the firearm until either 
the individual is no longer prohibited from own-
ing a firearm or the individual sells or transfers 
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ownership of the firearm to a licensed firearm 
dealer. 
(8) RENEWING
GUN
VIOLENCE
PREVENTION 
ORDER
AND
GUN
VIOLENCE
PREVENTION
WAR-
RANT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (E), if a law enforcement agency 
has probable cause to believe that an individual 
who is subject to a gun violence prevention 
order continues to pose a significant risk of per-
sonal injury to the named individual or others 
by possessing a firearm, the agency may initiate 
a request for a renewal of the order, on a form 
designed by the court, describing the facts and 
circumstances necessitating the request. 
(B) NOTICE.—The individual named in the 
gun violence prevention order requested to be 
renewed under subparagraph (A) shall be given 
written notice and an opportunity to be heard 
on the matter. 
(C) HEARING.—After notice is given under 
subparagraph (B), a hearing shall be held to 
determine if a request for renewal of the order 
shall be issued. 
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(D) ISSUANCE OF RENEWAL.—Except as 
provided in subparagraph (E), a State court 
may issue a renewal of a gun violence preven-
tion order if there is probable cause to believe 
that the individual who is subject to the order 
continues to pose a significant risk of personal 
injury to the named individual or others by pos-
sessing a firearm. 
(E) HIGHER BURDEN OF PROOF.—A State 
may establish a burden of proof for initiating a 
request for or issuing a renewal of a gun vio-
lence prevention order that is higher than the 
burden of proof required under subparagraph 
(A) or (D). 
(F) NOTIFICATION.— 
(i) IN GENERAL.—The court shall no-
tify the Department of Justice and com-
parable State agency of a renewal of the 
gun violence prevention order not later 
than 2 court days after renewing the order. 
The court shall also notify the Department 
of Justice and comparable State agency of 
any order restoring the ability of the indi-
vidual to own or possess firearms not later 
than 2 court days after issuing the order 
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to restore the individual’s right to own or 
possess any type of firearms that may be 
lawfully owned and possessed. Such notice 
shall be submitted in an electronic format, 
in a manner prescribed by the Department 
of Justice and the comparable State agen-
cy. 
(ii) UPDATE
OF
DATABASES.—As 
soon as practicable after receiving a notifi-
cation under clause (i), the Department of 
Justice and comparable State agency shall 
update the background check databases of 
the Department and agency, respectively, 
to reflect— 
(I) the prohibitions articulated in 
the renewal of the gun violence pre-
vention order; or 
(II) an order issued to restore an 
individual’s right to own or possess a 
firearm. 
(c) LAW ENFORCEMENT CHECK OF STATE FIREARM 
DATABASE.—Each law enforcement agency of the State 
shall establish a procedure that requires a law enforcement 
officer to, in conjunction with performing a wellness check 
on an individual, check whether the individual is listed on 
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any of the firearm and ammunition databases of the State 
or jurisdiction in which the individual resides. 
(d) CONFIDENTIALITY PROTECTIONS.—All informa-
tion provided to the Department of Justice and com-
parable State agency pursuant to legislation required 
under subsection (a) shall be kept confidential, separate, 
and apart from all other records maintained by the De-
partment of Justice and comparable State agency. 
SEC. 4. PAUSE FOR SAFETY GRANT PROGRAM. 
(a) IN GENERAL.—The Director of the Office of 
Community Oriented Policing Services of the Department 
of Justice may make grants to an eligible State to assist 
the State in carrying out the provisions of the State legis-
lation described in section 3. 
(b) ELIGIBLE STATE.—A State shall be eligible to re-
ceive grants under this section on and after the date on 
which— 
(1) the State enacts legislation described in sec-
tion 3; and 
(2) the Attorney General determines that the 
legislation of the State described in paragraph (1) 
complies with the requirements of section 3. 
(c) USE OF FUNDS.—Funds awarded under this sec-
tion may be used by a State to assist law enforcement 
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agencies or the courts of the State in carrying out the 
provisions of the State legislation described in section 3. 
(d) APPLICATION.—An eligible State desiring a grant 
under this section shall submit to the Director of the Of-
fice of Community Oriented Policing Services an applica-
tion at such time, in such manner, and containing or ac-
companied by such information, as the Director may rea-
sonably require. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
SEC. 5. FEDERAL FIREARMS PROHIBITION. 
Section 922 of title 18, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) in paragraph (8)(B)(ii), by striking 
‘‘or’’ at the end; 
(B) in paragraph (9), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (9) the 
following: 
‘‘(10) is subject to a court order that prohibits 
such person from having under the custody or con-
trol of the person, owning, purchasing, possessing, 
or receiving any firearms.’’; and 
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(2) in subsection (g)— 
(A) in paragraph (8)(C)(ii), by striking 
‘‘or’’ at the end; 
(B) in paragraph (9), by striking the 
comma at the end and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (9) the 
following: 
‘‘(10) who is subject to a court order that pro-
hibits such person from having under the custody or 
control of the person, owning, purchasing, pos-
sessing, or receiving any firearms,’’. 
SEC. 6. FULL FAITH AND CREDIT. 
Any gun violence prevention order issued under a 
State law enacted in accordance with this Act shall have 
the same full faith and credit in every court within the 
United States as they have by law or usage in the courts 
of such State from which they are issued. 
SEC. 7. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision to any 
person or circumstance, is held to be invalid, the remain-
der of this Act, or an amendment made by this Act, or 
the application of such provision to other persons or cir-
cumstances, shall not be affected. 
Æ 
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