I 
117TH CONGRESS 
1ST SESSION H. R. 2377 
To authorize the issuance of extreme risk protection orders. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 8, 2021 
Mrs. MCBATH (for herself, Mr. NADLER, Mr. THOMPSON of California, Ms. 
JACKSON LEE, Ms. BASS, Mr. JOHNSON of Georgia, Mr. CICILLINE, Mr. 
LIEU, Mr. RASKIN, Ms. DEAN, Ms. GARCIA of Texas, Mr. NEGUSE, Mrs. 
BEATTY, Ms. CLARK of Massachusetts, Mr. EVANS, Mrs. CAROLYN B. 
MALONEY of New York, Ms. MOORE of Wisconsin, Mr. DANNY K. DAVIS 
of Illinois, Mr. DESAULNIER, Ms. WILSON of Florida, Mr. GALLEGO, Mr. 
SCHNEIDER, Mrs. TRAHAN, Mrs. WATSON COLEMAN, Ms. HOULAHAN, 
Ms. NEWMAN, Miss RICE of New York, Ms. ADAMS, Mr. RUPPERS-
BERGER, Mr. PASCRELL, Mr. COOPER, Mr. AUCHINCLOSS, Mr. CARSON, 
Mr. GARCI´A of Illinois, Mr. BROWN, Ms. PRESSLEY, Mr. MEEKS, Mrs. 
DEMINGS, Mr. SCHRADER, Mr. CROW, Mr. BEYER, Mr. CRIST, and Ms. 
SHERRILL) introduced the following bill; which was referred to the Com-
mittee 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 2021’’. 
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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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trict court of the United States a petition requesting 
that the court issue an ex parte extreme risk protec-
tion order or long-term extreme risk protection order 
with respect to an individual. 
‘‘(2) NO FEES.—A court may not charge a peti-
tioner any fee for filing a petition under paragraph 
(1). 
‘‘(3) CONFIDENTIALITY.—A petitioner who is a 
law enforcement officer may provide the identity of 
the petitioner’s sources, and any identifying informa-
tion, to the court under seal. 
‘‘(c) EX PARTE ORDERS.— 
‘‘(1) TIMING.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a court that receives a peti-
tion for an ex parte order under subsection (b) 
shall grant or deny the petition on the date on 
which the petition is submitted. 
‘‘(B) LATE PETITIONS.—If a court receives 
a petition for an ex parte order submitted 
under subsection (b) too late in the day to per-
mit effective review, the court shall grant or 
deny the petition on the next day of judicial 
business at a time early enough to permit the 
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court to file an order with the clerk of the court 
during that day. 
‘‘(2) EVIDENCE REQUIRED.—Before issuing an 
ex parte order, a court shall require that the peti-
tioner submit a signed affidavit, sworn to before the 
court, that— 
‘‘(A) explains why the petitioner believes 
that the respondent poses a risk of imminent 
personal injury to himself or herself, or another 
individual, by purchasing, possessing, or receiv-
ing a firearm or ammunition; and 
‘‘(B) describes the interactions and con-
versations of the petitioner with— 
‘‘(i) the respondent; or 
‘‘(ii) another individual, if the peti-
tioner believes that information obtained 
from that individual is credible and reli-
able. 
‘‘(3) STANDARD FOR ISSUANCE OF ORDER.—A 
court may issue an ex parte order only upon a find-
ing of probable cause to believe that— 
‘‘(A) the respondent poses a risk of immi-
nent personal injury to himself or herself, or 
another individual, by purchasing, possessing, 
or receiving a firearm or ammunition; and 
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‘‘(B) the order is necessary to prevent the 
injury described in subparagraph (A). 
‘‘(4) DURATION.—An ex parte order shall ex-
pire on the earlier of— 
‘‘(A) the date that is 14 days after the 
date of issuance; or 
‘‘(B) the date on which the court deter-
mines whether to issue a long-term order with 
respect to the respondent. 
‘‘(d) LONG-TERM ORDERS.— 
‘‘(1) HEARING REQUIRED.—If a court receives 
a petition for an extreme risk protection order for a 
respondent under subsection (b), the court shall hold 
a hearing to determine whether to issue a long-term 
order with respect to the respondent either— 
‘‘(A)(i) except as provided in clause (ii), 
not later than 72 hours after the court issues 
an ex parte order with respect to the respond-
ent; or 
‘‘(ii) if the court issues an ex parte order 
with respect to the respondent but the order is 
not served on the respondent within 72 hours of 
the issuance, not later than 72 hours after the 
order is served on the respondent; or 
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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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‘‘(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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merce, as well as any permit authorizing 
the respondent to purchase or possess fire-
arms (including a concealed carry permit), 
that the respondent possesses or owns— 
‘‘(I) be immediately surrendered 
to the United States marshal or des-
ignated law enforcement officer; or 
‘‘(II) at the option of the re-
spondent, be immediately surrendered 
and sold to a federally licensed fire-
arms dealer; and 
‘‘(ii) take possession of all firearms 
and ammunition described in clause (i) 
that are not sold under subclause (II) of 
that clause, as well as any permit de-
scribed in that clause, that are— 
‘‘(I) surrendered; 
‘‘(II) in plain sight; or 
‘‘(III) discovered pursuant to a 
lawful search. 
‘‘(C) ALTERNATIVE
SURRENDER.—If a 
United States marshal or designated law en-
forcement officer is not able to personally serve 
an extreme risk protection order under subpara-
graph (A)(i), or is not reasonably able to take 
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custody of the firearms, ammunition, and per-
mits under subparagraph (B), the respondent 
shall surrender the firearms, ammunition, and 
permits in a safe manner to the control of a 
United States marshal or designated law en-
forcement officer not later than 48 hours after 
being served with the order. 
‘‘(3) RECEIPT.— 
‘‘(A) ISSUANCE.—At the time of surrender 
or removal under paragraph (2), a United 
States marshal or designated law enforcement 
officer taking possession of a firearm, ammuni-
tion, or a permit pursuant to an extreme risk 
protection order shall— 
‘‘(i) issue a receipt identifying all fire-
arms, ammunition, and permits that have 
been surrendered or removed; and 
‘‘(ii) provide a copy of the receipt 
issued under clause (i) to the respondent. 
‘‘(B) FILING.—Not later than 72 hours 
after service of an order under paragraph 
(2)(A), the United States marshal who served 
the order or designated another law enforce-
ment officer to do so shall— 
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‘‘(i) file the original receipt issued 
under subparagraph (A) of this paragraph 
with the court that issued the extreme risk 
protection order; and 
‘‘(ii) ensure that the United States 
Marshals Service retains a copy of the re-
ceipt. 
‘‘(C) DESIGNATED
LAW
ENFORCEMENT 
OFFICER.—If a designated law enforcement of-
ficer issues a receipt under subparagraph (A), 
the officer shall submit the original receipt and 
a copy of the receipt to the appropriate United 
States marshal to enable the United States 
marshal to comply with subparagraph (B). 
‘‘(4) FORFEITURE.—If a respondent knowingly 
attempts, in violation of an extreme risk protection 
order, to access a firearm, ammunition, or a permit 
that was surrendered or removed under this sub-
section, the firearm, ammunition, or permit shall be 
subject to seizure and forfeiture under section 
924(d). 
‘‘(g) RETURN OF FIREARMS AND AMMUNITION.— 
‘‘(1) NOTICE.—If an extreme risk protection 
order is dissolved, or expires and is not renewed, the 
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court that issued the order shall order the United 
States Marshals Service to— 
‘‘(A) confirm, through the national instant 
criminal background check system and any 
other relevant law enforcement databases, that 
the respondent may lawfully own and possess 
firearms and ammunition; and 
‘‘(B)(i) if the respondent may lawfully own 
and possess firearms and ammunition, notify 
the respondent that the respondent may re-
trieve each firearm, ammunition, or permit sur-
rendered by or removed from the respondent 
under subsection (f); or 
‘‘(ii) if the respondent may not lawfully 
own or possess firearms and ammunition, notify 
the respondent that each firearm, ammunition, 
or permit surrendered by or removed from the 
respondent under subsection (f) will be returned 
only when the respondent demonstrates to the 
United States Marshals Service that the re-
spondent may lawfully own and possess fire-
arms and ammunition. 
‘‘(2) RETURN.—If an extreme risk protection 
order is dissolved, or expires and is not renewed, and 
the United States Marshals Service confirms under 
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paragraph (1)(A) that the respondent may lawfully 
own and possess firearms and ammunition, the court 
that issued the order shall order the entity that pos-
sesses each firearm, ammunition, or permit surren-
dered by or removed from the respondent under sub-
section (f) to return those items to the respondent. 
‘‘(h) RETURN OF FIREARMS AND AMMUNITION IM-
PROPERLY RECEIVED.—If a court, in a hearing under 
subsection (d), determines that a firearm or ammunition 
surrendered by or removed from a respondent under sub-
section (f) is owned by an individual other than the re-
spondent, the court may order the United States marshal 
or designated law enforcement officer in possession of the 
firearm or ammunition to transfer the firearm or ammuni-
tion to that individual if— 
‘‘(1) the individual may lawfully own and pos-
sess firearms and ammunition; and 
‘‘(2) the individual will not provide the respond-
ent with access to the firearm or ammunition. 
‘‘(i) PENALTY FOR FALSE REPORTING OR FRIVO-
LOUS PETITIONS.—An individual who knowingly submits 
materially false information to the court in a petition for 
an extreme risk protection order under this section, or who 
knowingly files such a petition that is frivolous, unreason-
able, or without foundation, shall be fined not less than 
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$1,000, in addition to any other penalty authorized by law, 
as the court deems necessary to deter such abuse of proc-
ess. 
‘‘(j) MODEL POLICY.— 
‘‘(1) IN GENERAL.—The Director shall draft a 
model policy to maximize the accessibility of extreme 
risk protection orders. 
‘‘(2) CONTENTS.—In drafting the model policy 
under paragraph (1), the Director shall— 
‘‘(A) ensure that State and local law en-
forcement officers and members of the public 
without legal training are able to easily file pe-
titions for extreme risk protection orders; 
‘‘(B) prescribe outreach efforts by employ-
ees of the district courts of the United States 
to familiarize relevant law enforcement officers 
and the public with the procedures for filing pe-
titions, either— 
‘‘(i) through direct outreach; or 
‘‘(ii) in coordination with— 
‘‘(I) relevant officials in the exec-
utive or legislative branch of the Fed-
eral Government; or 
‘‘(II) with State and local offi-
cials; 
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‘‘(C) prescribe policies for allowing the fil-
ing of petitions and prompt adjudication of pe-
titions on weekends and outside of normal court 
hours; 
‘‘(D) prescribe policies for coordinating 
with law enforcement agencies to ensure the 
safe, timely, and effective service of extreme 
risk protection orders and relinquishment of 
firearms, ammunition, and permits, as applica-
ble; and 
‘‘(E) identify governmental and non-gov-
ernmental resources and partners to help offi-
cials of the district courts of the United States 
coordinate with civil society organizations to en-
sure the safe and effective implementation of 
this section. 
‘‘(k) REPORTING.— 
‘‘(1) INDIVIDUAL REPORTS.— 
‘‘(A) IN GENERAL.—Not later than 2 court 
days after the date on which a court issues or 
dissolves an extreme risk protection order under 
this section or an extreme risk protection order 
expires without being renewed, the court shall 
notify— 
‘‘(i) the Attorney General; 
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‘‘(ii) each relevant mental health 
agency in the State in which the order is 
issued; and 
‘‘(iii) State and local law enforcement 
officials in the jurisdiction in which the 
order is issued, including the national in-
stant criminal background check system 
single point of contact for the State of res-
idence of the respondent, where applicable. 
‘‘(B) FORMAT.—A court shall submit a no-
tice under subparagraph (A) in an electronic 
format, in a manner prescribed by the Attorney 
General. 
‘‘(C) UPDATE OF DATABASES.—As soon as 
practicable and not later than 5 days after re-
ceiving a notice under subparagraph (A), the 
Attorney General shall update the background 
check databases of the Attorney General to re-
flect the prohibitions articulated in the applica-
ble extreme risk protection order. 
‘‘(2) ANNUAL REPORTS.—Not later than 1 year 
after the date of enactment of the Federal Extreme 
Risk Protection Order Act of 2021, and annually 
thereafter, the Director shall submit to the Com-
mittee on the Judiciary of the Senate and the Com-
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mittee on the Judiciary of the House of Representa-
tives a report that includes, with respect to the pre-
ceding year— 
‘‘(A) the number of petitions for ex parte 
orders filed, as well as the number of such or-
ders issued and the number denied; 
‘‘(B) the number of petitions for long-term 
orders filed, as well as the number of such or-
ders issued and the number denied; 
‘‘(C) the number of petitions for renewals 
of long-term orders filed, as well as the number 
of such orders issued and the number denied; 
and 
‘‘(D) the number of cases in which a court 
has issued a penalty for false reporting or frivo-
lous petitions.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF SECTIONS.—The table of sections 
for chapter 44 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘932. Extreme risk protection orders.’’. 
(2) FORFEITURE.—Section 924(d)(3) of title 
18, United States Code, is amended— 
(A) in subparagraph (E), by striking 
‘‘and’’ at the end; 
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(B) in subparagraph (F), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(G) any attempt to violate an extreme 
risk protection order issued under section 
932.’’. 
SEC. 3. BRADY ACT PROHIBITORS. 
Section 922 of title 18, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) in paragraph (8), 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 
the person from purchasing, possessing, or receiving 
a firearm or ammunition.’’; and 
(2) in subsection (g)— 
(A) in paragraph (8), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (9), by striking the 
comma at the end and inserting ‘‘; or’’; and 
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(C) by inserting after paragraph (9) the 
following: 
‘‘(10) who is subject to a court order that pro-
hibits the person from purchasing, possessing, or re-
ceiving a firearm or ammunition,’’. 
SEC. 4. SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or any application of such provision or amend-
ment to any person or circumstance, is held to be invalid, 
the remainder of the provisions of this Act and the amend-
ments made by this Act and the application of the provi-
sion or amendment to any other person or circumstance 
shall not be affected. 
SEC. 5. PREEMPTION. 
Nothing in this Act or an amendment made by this 
Act shall be construed to preempt any State law or policy. 
Æ 
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