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 them-
selves or others pursuant to court orders for this pur-
pose. 
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 ‘‘Extreme Risk Protec-
tion Order Act of 2021’’. 
SEC. 2. EXTREME RISK PROTECTION ORDER GRANT PRO-
GRAM. 
(a) DEFINITIONS.—In this section: 
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(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State or Indian Tribe— 
(i) that enacts legislation described in 
subsection (c); 
(ii) with respect to which the Attorney 
General determines that the legislation de-
scribed in clause (i) complies with the re-
quirements under subsection (c)(1); and 
(iii) that certifies to the Attorney 
General that the State or Indian Tribe 
shall— 
(I) use the grant for the purposes 
described in subsection (b)(2); and 
(II) allocate not less than 25 per-
cent and not more than 70 percent of 
the amount received under a grant 
under subsection (b) for the develop-
ment and dissemination of training 
for law enforcement officers in accord-
ance with subsection (b)(4); or 
(B) a unit of local government or other 
public or private entity that— 
(i) is located in a State or in the terri-
tory under the jurisdiction of an Indian 
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Tribe that meets the requirements de-
scribed in clauses (i) and (ii) of subpara-
graph (A); and 
(ii) certifies to the Attorney General 
that the unit of local government or entity 
shall— 
(I) use the grant for the purposes 
described in subsection (b)(2); and 
(II) allocate not less than 25 per-
cent and not more than 70 percent of 
the amount received under a grant 
under this section for the development 
and dissemination of training for law 
enforcement officers in accordance 
with subsection (b)(4). 
(2) EXTREME RISK PROTECTION ORDER.—The 
term ‘‘extreme risk protection order’’ means a writ-
ten order or warrant, issued by a State or Tribal 
court or signed by a magistrate (or other com-
parable judicial officer), the primary purpose of 
which is to reduce the risk of firearm-related death 
or injury by doing 1 or more of the following: 
(A) Prohibiting a named individual from 
having under the custody or control of the indi-
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vidual, owning, purchasing, possessing, or re-
ceiving a firearm. 
(B) Having a firearm removed or requiring 
the surrender of firearms from a named indi-
vidual. 
(3) FIREARM.—The term ‘‘firearm’’ has the 
meaning given the term in section 921 of title 18, 
United States Code. 
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 1709 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10389). 
(5) LAW ENFORCEMENT OFFICER.—The term 
‘‘law enforcement officer’’ means a public servant 
authorized by Federal, State, local, or Tribal law or 
by a Federal, State, local, or Tribal government 
agency to— 
(A) engage in or supervise the prevention, 
detection, investigation, or prosecution of an of-
fense; or 
(B) supervise sentenced criminal offenders. 
(6) 
PETITIONER.—The 
term 
‘‘petitioner’’ 
means an individual authorized under State or Trib-
al law to petition for an extreme risk protection 
order. 
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(7) RESPONDENT.—The term ‘‘respondent’’ 
means an individual named in the petition for an ex-
treme risk protection order or subject to an extreme 
risk protection order. 
(8) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
and 
(D) any other territory or possession of the 
United States. 
(9) UNIT OF LOCAL GOVERNMENT.—The term 
‘‘unit of local government’’ has the meaning given 
the term in section 901 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10251). 
(b) GRANT PROGRAM ESTABLISHED.— 
(1) IN GENERAL.—The Director of the Office of 
Community Oriented Policing Services of the De-
partment of Justice shall establish a program under 
which, from amounts made available to carry out 
this section, the Director may make grants to eligi-
ble entities to assist in carrying out the provisions 
of the legislation described in subsection (c). 
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(2) USE
OF
FUNDS.—Funds awarded under 
this subsection may be used by an applicant to— 
(A) enhance the capacity of law enforce-
ment agencies and the courts of a State, unit 
of local government, or Indian Tribe by pro-
viding personnel, training, technical assistance, 
data collection, and other resources to carry out 
enacted legislation described in subsection (c); 
(B) train judges, court personnel, health 
care and legal professionals, and law enforce-
ment officers to more accurately identify indi-
viduals whose access to firearms poses a danger 
of causing harm to themselves or others by in-
creasing the risk of firearms suicide or inter-
personal violence; 
(C) develop and implement law enforce-
ment and court protocols, forms, and orders so 
that law enforcement agencies and the courts 
may carry out the provisions of the enacted leg-
islation described in subsection (c) in a safe, eq-
uitable, and effective manner, including through 
the removal and storage of firearms pursuant to 
extreme risk protection orders under the en-
acted legislation; and 
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(D) raise public awareness and under-
standing of the enacted legislation described in 
subsection (c), including through subgrants to 
community-based organizations for the training 
of community members, so that extreme risk 
protection orders may be issued in appropriate 
situations to reduce the risk of firearms-related 
death and injury. 
(3) APPLICATION.—An eligible entity desiring a 
grant under this subsection shall submit to the At-
torney General an application at such time, in such 
manner, and containing or accompanied by such in-
formation as the Attorney General may reasonably 
require. 
(4) TRAINING.— 
(A) IN GENERAL.—A recipient of a grant 
under this subsection shall provide training to 
law enforcement officers, including officers of 
relevant Federal, State, local, and Tribal law 
enforcement agencies, in the safe, impartial, ef-
fective, and equitable use and administration of 
extreme risk protection orders, including train-
ing to address— 
(i) bias based on race and racism, eth-
nicity, gender, sexual orientation, gender 
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identity, religion, language proficiency, and 
classism in the use and administration of 
extreme risk protection orders; 
(ii) the appropriate use of extreme 
risk protection orders in cases of domestic 
violence, including the applicability of other 
policies and protocols to address domestic 
violence in situations that may also involve 
extreme risk protection orders and the ne-
cessity of safety planning with the victim 
before a law enforcement officer petitions 
for and executes an extreme risk protection 
order, if applicable; 
(iii) interacting with persons with a 
mental illness or emotional distress, includ-
ing de-escalation and crisis intervention; 
and 
(iv) best practices for referring per-
sons subject to extreme risk protection or-
ders and associated victims of violence to 
social service providers that may be avail-
able in the jurisdiction and appropriate for 
those individuals, including health care, 
mental health, substance abuse, and legal 
services, employment and vocational serv-
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ices, housing assistance, case management, 
and veterans and disability benefits. 
(B) CONSULTATION
WITH
EXPERTS.—A 
recipient of a grant under this subsection, in 
developing law enforcement training required 
under subparagraph (A), shall seek advice from 
domestic violence service providers (including 
culturally specific (as defined in section 40002 
of the Violence Against Women Act of 1994 (34 
U.S.C. 12291)) organizations), social service 
providers, suicide prevention advocates, violence 
intervention specialists, and other community 
groups working to reduce suicides and violence, 
including domestic violence, within the State or 
the territory under the jurisdiction of the In-
dian Tribe, as applicable, that enacted the legis-
lation described in subsection (c) that enabled 
the grant recipient to be an eligible entity. 
(5) INCENTIVES.—For each of fiscal years 2022 
through 2026, the Attorney General shall give af-
firmative preference in awarding any discretionary 
grant awarded by the Office of Community Oriented 
Policing Services to a State or Indian Tribe that has 
enacted legislation described in subsection (c) or to 
a unit of local government or other public or private 
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entity located in such a State or in the territory 
under the jurisdiction of such an Indian Tribe. 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as are necessary to carry out this section. 
(c) ELIGIBILITY FOR EXTREME RISK PROTECTION 
ORDER GRANT PROGRAM.— 
(1) REQUIREMENTS.—Legislation described in 
this subsection is legislation that establishes require-
ments that are substantially similar to the following: 
(A) APPLICATION
FOR
EXTREME
RISK 
PROTECTION ORDER.—A petitioner, including a 
law enforcement officer, may submit an applica-
tion to a State or Tribal court, on a form de-
signed by the court or a State or Tribal agency, 
that— 
(i) describes the facts and cir-
cumstances justifying that an extreme risk 
protection order be issued against the 
named individual; and 
(ii) is signed by the applicant, under 
oath. 
(B) NOTICE AND DUE PROCESS.—The in-
dividual named in an application for an extreme 
risk protection order as described in subpara-
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graph (A) shall be given written notice of the 
application and an opportunity to be heard on 
the matter in accordance with this paragraph. 
(C) ISSUANCE OF EXTREME RISK PROTEC-
TION ORDERS.— 
(i) HEARING.— 
(I) IN GENERAL.—Upon receipt 
of an application described in sub-
paragraph (A) or request of an indi-
vidual named in such an application, 
the court shall order a hearing to be 
held within a reasonable time, and not 
later than 30 days after the date of 
the application or request. 
(II) 
DETERMINATION.—If 
the 
court finds at the hearing ordered 
under subclause (I), by a preponder-
ance of the evidence or according to a 
higher evidentiary standard estab-
lished by the State or Indian Tribe, 
that the respondent poses a danger of 
causing harm to self or others by hav-
ing access to a firearm, the court may 
issue an extreme risk protection order. 
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(ii) DURATION
OF
EXTREME
RISK 
PROTECTION
ORDER.—An extreme risk 
protection order shall be in effect— 
(I) until an order terminating or 
superseding the extreme risk protec-
tion order is issued; or 
(II) for a set period of time. 
(D) EX
PARTE
EXTREME
RISK
PROTEC-
TION ORDERS.— 
(i) IN GENERAL.—Upon receipt of an 
application described in subparagraph (A), 
the court may issue an ex parte extreme 
risk protection order, if— 
(I) the application for an extreme 
risk protection order alleges that the 
respondent poses a danger of causing 
harm to self or others by having ac-
cess to a firearm; and 
(II) the court finds there is rea-
sonable cause to believe, or makes a 
finding according to a higher evi-
dentiary standard established by the 
State or Indian Tribe, that the re-
spondent poses a danger of causing 
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harm to self or others by having ac-
cess to a firearm. 
(ii) DURATION
OF
EX
PARTE
EX-
TREME RISK PROTECTION ORDER.—An ex 
parte extreme risk protection order shall 
remain in effect only until the hearing re-
quired under subparagraph (C)(i). 
(E) STORAGE OF REMOVED FIREARMS.— 
(i) AVAILABILITY FOR RETURN.—All 
firearms removed or surrendered pursuant 
to an extreme risk protection order shall 
only be available for return to the named 
individual when the individual has regained 
eligibility under Federal and State law, 
and, where applicable, Tribal law to pos-
sess firearms. 
(ii) CONSENT
REQUIRED
FOR
DIS-
POSAL
OR
DESTRUCTION.—Firearms 
owned by a named individual may not be 
disposed of or destroyed during the period 
of the extreme risk protection order with-
out the consent of the named individual. 
(F) NOTIFICATION.— 
(i) IN GENERAL.— 
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(I) REQUIREMENT.—A State or 
Tribal court that issues an extreme 
risk protection order shall notify the 
Attorney General or the comparable 
State or Tribal agency, as applicable, 
of the order as soon as practicable or 
within a designated period of time. 
(II) FORM
AND
MANNER.—A 
State or Tribal court shall submit a 
notification under subclause (I) in an 
electronic format, in a manner pre-
scribed by the Attorney General or the 
comparable State or Tribal agency. 
(ii) UPDATE
OF
DATABASES.—As 
soon as practicable or within the time pe-
riod designated by State or Tribal law 
after receiving a notification under clause 
(i), the Attorney General or the com-
parable State or Tribal agency shall ensure 
that the extreme risk protection order is 
reflected in the National Instant Criminal 
Background Check System. 
(2) ADDITIONAL PROVISIONS.—Legislation de-
scribed in this subsection may— 
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(A) provide procedures for the termination 
of an extreme risk protection order; 
(B) provide procedures for the renewal of 
an extreme risk protection order; 
(C) establish burdens and standards of 
proof for issuance of orders described in para-
graph (1) that are substantially similar to or 
higher than the burdens and standards of proof 
set forth in that paragraph; 
(D) limit the individuals who may submit 
an application described in paragraph (1), pro-
vided that, at a minimum, law enforcement offi-
cers are authorized to do so; and 
(E) include any other authorizations or re-
quirements that the State or Tribal authorities 
determine appropriate. 
(3) ANNUAL REPORT.—Not later than 1 year 
after the date on which an eligible entity receives a 
grant under subsection (b), and annually thereafter 
for the duration of the grant period, the entity shall 
submit to the Attorney General a report that in-
cludes, with respect to the preceding year— 
(A) the number of petitions for ex parte 
extreme risk protection orders filed, as well as 
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the number of such orders issued and the num-
ber denied, disaggregated by— 
(i) the jurisdiction; 
(ii) the individual authorized under 
State or Tribal law to petition for an ex-
treme risk protection order, including the 
relationship of the individual to the re-
spondent; and 
(iii) the alleged danger posed by the 
respondent, including whether the danger 
involved a risk of suicide, unintentional in-
jury, domestic violence, or other inter-
personal violence; 
(B) the number of petitions for extreme 
risk protection orders filed, as well as the num-
ber of such orders issued and the number de-
nied, disaggregated by— 
(i) the jurisdiction; 
(ii) the individual authorized under 
State or Tribal law to petition for an ex-
treme risk protection order, including the 
relationship of the individual to the re-
spondent; and 
(iii) the alleged danger posed by the 
respondent, including whether the danger 
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involved a risk of suicide, unintentional in-
jury, domestic violence, or other inter-
personal violence; 
(C) the number of petitions for renewals of 
extreme risk protection orders filed, as well as 
the number of such orders issued and the num-
ber denied; 
(D) the number of cases in which a court 
imposed a penalty for false reporting or frivo-
lous petitions; 
(E) demographic data of petitioners, in-
cluding race, ethnicity, national origin, sex, gen-
der, age, disability, and English language pro-
ficiency, if available; 
(F) demographic data of respondents, in-
cluding race, ethnicity, national origin, sex, gen-
der, age, disability, and English language pro-
ficiency, if available; and 
(G) the number of firearms removed, if 
available. 
SEC. 3. FEDERAL FIREARMS PROHIBITION. 
Section 922 of title 18, United States Code, is 
amended— 
(1) in subsection (d)— 
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(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, the primary 
purpose of which is to reduce the risk of firearm-re-
lated death or injury by prohibiting such person 
from having under the person’s custody or control, 
owning, purchasing, possessing, or receiving any 
firearms, provided that the order— 
‘‘(A) is issued in a manner consistent with 
the due process rights of the person; and 
‘‘(B) is based on a finding that the person 
poses a danger of causing harm to self or oth-
ers by having access to a firearm.’’; and 
(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: 
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‘‘(10) is subject to a court order, the primary 
purpose of which is to reduce the risk of firearm-re-
lated death or injury by prohibiting such person 
from having under the person’s custody or control, 
owning, purchasing, possessing, or receiving any 
firearms, provided that the order— 
‘‘(A) is issued in a manner consistent with 
the due process rights of the person; and 
‘‘(B) is based on a finding that the person 
poses a danger of causing harm to self or oth-
ers by having access to a firearm,’’. 
SEC. 4. IDENTIFICATION RECORDS. 
Section 534 of title 28, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (4) as 
paragraph (5); and 
(C) by inserting after paragraph (3) the 
following: 
‘‘(4)(A) subject to subparagraph (B), acquire, 
collect, classify, and preserve records from Federal, 
Tribal, and State courts and other agencies identi-
fying individuals subject to extreme risk protection 
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orders, as defined in section 2(a) of the Extreme 
Risk Protection Order Act of 2021; and 
‘‘(B) destroy each record acquired or collected 
under subparagraph (A) when the applicable ex-
treme risk protection order expires or is terminated 
or dissolved; and’’; 
(2) in subsection (b), by striking ‘‘(a)(4)’’ and 
inserting ‘‘(a)(5)’’; and 
(3) by adding at the end the following: 
‘‘(g) EXTREME RISK PROTECTION ORDERS IN NA-
TIONAL CRIME INFORMATION DATABASES.—A Federal, 
Tribal, or State criminal justice agency or criminal or civil 
court may— 
‘‘(1) include extreme risk protection orders, as 
defined in section 2 of the Extreme Risk Protection 
Order Act of 2021, in national crime information 
databases, as that term is defined in subsection 
(f)(3) of this section; and 
‘‘(2) have access to information regarding ex-
treme risk protection orders through the national 
crime information databases.’’. 
SEC. 5. CONFORMING AMENDMENT. 
Section 3(1) of the NICS Improvement Amendments 
Act of 2007 (34 U.S.C. 40903(1)) is amended by striking 
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‘‘section 922(g)(8)’’ and inserting ‘‘paragraph (8) or (10) 
of section 922(g)’’. 
SEC. 6. FULL FAITH AND CREDIT. 
(a) DEFINITIONS.—In this section, the terms ‘‘ex-
treme risk protection order’’, ‘‘Indian Tribe’’, and ‘‘State’’ 
have the meanings given those terms in section 2(a). 
(b) FULL FAITH AND CREDIT REQUIRED.—Any ex-
treme risk protection order issued under a State or Tribal 
law enacted in accordance with this Act shall be accorded 
the same full faith and credit by the court of another State 
or Indian Tribe (referred to in this subsection as the ‘‘en-
forcing State or Indian Tribe’’) and enforced by the court 
and law enforcement personnel of the other State or Tribal 
government as if it were the order of the enforcing State 
or Indian Tribe. 
(c) APPLICABILITY TO PROTECTION ORDERS.— 
(1) IN GENERAL.—Subsection (b) shall apply to 
a protection order issued by a State or Tribal court 
if— 
(A) the court has jurisdiction over the par-
ties and matter under the law of the State or 
Indian Tribe; and 
(B) reasonable notice and opportunity to 
be heard is given to the person against whom 
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the order is sought sufficient to protect that 
person’s right to due process. 
(2) EX PARTE PROTECTION ORDERS.—For pur-
poses of paragraph (1)(B), in the case of an ex parte 
protection order, notice and opportunity to be heard 
shall be provided within the time required by State 
or Tribal law, and in any event within a reasonable 
time after the order is issued, sufficient to protect 
the due process rights of the respondent. 
(d) TRIBAL COURT JURISDICTION.—For purposes of 
this section, a court of an Indian Tribe shall have full civil 
jurisdiction to issue and enforce a protection order involv-
ing any person, including the authority to enforce any 
order through civil contempt proceedings, to exclude viola-
tors from Indian land, and to use other appropriate mech-
anisms, in matters arising anywhere in the Indian country 
(as defined in section 1151 of title 18, United States 
Code) of the Indian Tribe or otherwise within the author-
ity of the Indian Tribe. 
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 
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the application of such provision to other persons or cir-
cumstances, shall not be affected. 
Æ 
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