SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Extreme Risk 
Protection Order Act of 2022’’. 
SEC. 2. FEDERAL 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 ‘court’ means a district court of 
the United States; 
‘‘(2) 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 permits, as applicable, sur-
rendered under subsection (f); 
‘‘(3) the term ‘Director’ means the Director of 
the Administrative Office of the United States 
Courts; 
‘‘(4) the term ‘ex parte Federal extreme risk 
protection order’ or ‘ex parte Federal order’ means 
a Federal extreme risk protection order issued under 
subsection (c); 
‘‘(5) the term ‘Federal extreme risk protection 
order’ means an order issued by a Federal court 
that enjoins an individual from purchasing, pos-
sessing, or receiving, in or affecting interstate and 
foreign commerce, a firearm or ammunition; 
‘‘(6) the term ‘family or household member’, 
with respect to a Federal order respondent, means 
any— 
‘‘(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;
‘‘(7) the term ‘Federal order petitioner’ means 
an individual authorized to petition for an ex parte 
or long-term Federal extreme risk protection order 
under subsection (b)(1); 
‘‘(8) the term ‘Federal order respondent’ means 
an individual named in the petition for an ex parte 
or long-term Federal extreme risk protection order 
or subject to an ex parte or long-term Federal ex-
treme risk protection order; 
‘‘(9) the term ‘long-term Federal extreme risk 
protection order’ or ‘long-term Federal order’ means 
a Federal extreme risk protection order issued under 
subsection (d); 
‘‘(10) the term ‘mental health agency’ means 
an agency of a State, Tribal, or local government or 
its contracted agency that is responsible for mental 
health services or co-occurring mental health and 
substance abuse services; and 
‘‘(11) 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-
trict court of the United States a petition requesting 
that the court issue an ex parte Federal extreme 
risk protection order or long-term Federal extreme 
risk protection order with respect to an individual. 
‘‘(2) NO FEES.—A court or law enforcement 
agency may not charge a petitioner or respondent 
any fee for— 
‘‘(A) filing, issuing, serving, or reporting 
an extreme risk protection order; 
‘‘(B) a petition for an extreme risk protec-
tion order or any pleading, subpoena, warrant, 
or motion in connection with an extreme risk 
protection order; or 
‘‘(C) any order or order to show cause nec-
essary to obtain or give effect to this section. 
‘‘(3) CONFIDENTIALITY.—A Federal order peti-
tioner who is a law enforcement officer may provide 
the identity of the petitioner’s sources, and any iden-
tifying information, 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 Federal order under sub-
section (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 Federal order sub-
mitted under subsection (b) too late in the day 
to permit 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 
court to file an order with the clerk of the court 
during that day. 
‘‘(2) EVIDENCE REQUIRED.—Before issuing an 
ex parte Federal order, a court shall require that the 
petitioner for such order submit a signed affidavit, 
sworn to before the court, that— 
‘‘(A) explains why such petitioner believes 
that the Federal order respondent poses a risk 
of imminent personal injury to self 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 such 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 Federal order only upon 
a finding of probable cause to believe that— 
‘‘(A) the Federal order respondent poses a 
risk of imminent personal injury to self or an-
other individual, by purchasing, possessing, or 
receiving a firearm or ammunition; and 
‘‘(B) the order is necessary to prevent the 
injury described in subparagraph (A). 
‘‘(4) DURATION.—An ex parte Federal order 
shall expire 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 Federal 
order with respect to the respondent. 
‘‘(d) LONG-TERM FEDERAL ORDERS.— 
‘‘(1) HEARING REQUIRED.—If a court receives 
a petition for a long-term Federal extreme risk pro-
tection order for a respondent under subsection (b), 
the court shall hold a hearing to determine whether
to issue a long-term Federal order with respect to 
the respondent either— 
‘‘(A)(i) if the court issues an ex parte 
order with respect to the respondent, not later 
than 72 hours after the ex parte order is served 
on the respondent; or 
‘‘(ii) if the respondent waives the right to 
a hearing within the 72-hour period under 
clause (i), or the court does not issue an ex 
parte order, within 14 days after the date on 
which the court receives the petition; or 
‘‘(B) in no event later than 14 days after 
the date on which the court receives the peti-
tion. 
‘‘(2) 
NOTICE
AND
OPPORTUNITY
TO
BE 
HEARD.— 
‘‘(A) IN GENERAL.—The court shall pro-
vide the Federal order respondent with notice 
and the opportunity to be heard at a hearing 
under this subsection, sufficient to protect the 
due process rights of the respondent. 
‘‘(B) RIGHT TO COUNSEL.— 
‘‘(i) IN
GENERAL.—At a hearing 
under this subsection, the Federal order
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 Federal order respondent is financially 
unable to obtain representation by counsel, 
the court, at the request of the respondent, 
shall ensure, to the extent practicable, that 
the respondent is represented by an attor-
ney with respect to the petition. 
‘‘(3) BURDEN
OF
PROOF; STANDARD.—At a 
hearing under this subsection, the Federal order pe-
titioner— 
‘‘(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 to such order 
poses a risk of personal injury to self or 
another individual, during the period to be 
covered by the proposed Federal extreme 
risk protection order, by purchasing, pos-
sessing, or receiving a firearm or ammuni-
tion; 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 Federal order with respect to 
the respondent 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 Federal order, the court 
shall dissolve any ex parte Federal order then in ef-
fect with respect to the respondent. 
‘‘(6) RENEWAL.— 
‘‘(A) NOTICE
OF
SCHEDULED
EXPIRA-
TION.—Thirty days before the date on which a 
long-term Federal order is scheduled to expire, 
the court that issued the order shall— 
‘‘(i) notify the petitioner and the re-
spondent to such order that the order is 
scheduled to expire; 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 Federal order respondent, or a 
law enforcement officer, believes that the condi-
tions under paragraph (3)(B) continue to apply 
with respect to a respondent who is subject to 
a long-term Federal order, the family or house-
hold member or law enforcement officer may 
submit to the court that issued the order a peti-
tion 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 
issue a renewed long-term Federal 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 Federal 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 Federal order with respect 
to the respondent.
‘‘(e) FACTORS
TO
CONSIDER.—In determining 
whether to issue a Federal extreme risk protection order, 
a court— 
‘‘(1) shall consider factors including— 
‘‘(A) a recent threat or act of violence by 
the respondent directed toward another indi-
vidual; 
‘‘(B) a recent threat or act of violence by 
the respondent directed toward self; 
‘‘(C) a recent act of cruelty to an animal 
by the respondent; and 
‘‘(D) evidence of ongoing abuse of a con-
trolled substance or alcohol by the respondent 
that has led to a threat or act of violence di-
rected to self or another individual; 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 another indi-
vidual; and 
‘‘(C) evidence of an explicit or implicit 
threat made by the person through any medium 
that demonstrate that the person poses a risk 
of personal injury to self or another individual.
‘‘(f) RELINQUISHMENT OF FIREARMS AND AMMUNI-
TION.— 
‘‘(1) ORDER OF SURRENDER.—Upon issuance 
of an ex parte Federal order or long-term Federal 
order, the court shall order the respondent to such 
order to surrender all firearms and ammunition that 
the respondent possesses or owns, in or affecting 
interstate commerce, as well as any permit author-
izing the respondent to purchase or possess firearms 
(including a concealed carry permit), to— 
‘‘(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 a Federal extreme risk 
protection order on a respondent by hand-
ing the order to the respondent to such 
order. 
‘‘(ii) ALTERNATIVE SERVICE.—If the 
respondent cannot reasonably be located 
for service as described in clause (i), a
Federal extreme risk protection order may 
be served on the respondent in any manner 
authorized under the Federal Rules of 
Civil Procedure. 
‘‘(B) REMOVAL.—Except as provided in 
subparagraph (C), a United States marshal or 
designated law enforcement officer serving a 
Federal extreme risk protection order personally 
on the respondent shall— 
‘‘(i) request that all firearms and am-
munition, in or affecting interstate com-
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 
a Federal extreme risk protection order under 
subparagraph (A)(i), or is not reasonably able 
to take custody of the firearms, ammunition, 
and permits under subparagraph (B), the re-
spondent shall surrender the firearms, ammuni-
tion, and permits in a safe manner to the con-
trol of a United States marshal or designated 
law enforcement 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 a Federal 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 
to such order. 
‘‘(B) FILING.—Not later than 72 hours 
after issuance of a receipt under subparagraph 
(A), the United States marshal who issued the 
receipt or designated another law enforcement 
officer to do so shall— 
‘‘(i) file the original receipt issued 
under subparagraph (A) of this paragraph 
with the court that issued the Federal ex-
treme 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).
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 a Federal extreme risk pro-
tection order is dissolved, or expires and is not re-
newed, and the United States Marshals Service con-
firms under paragraph (1)(A) that the respondent 
may lawfully own and possess firearms and ammuni-
tion, the court that issued the order shall order the 
entity that possesses each firearm, ammunition, or 
permit surrendered by or removed from the respond-
ent under subsection (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 
a Federal extreme risk protection order under this section, 
or who knowingly files such a petition that is frivolous, 
unreasonable, or without foundation, shall be fined not 
more than $5,000, or imprisoned not more than 5 years, 
or both, except to the extent that a greater sentence is 
otherwise provided by any other provision of law, as the 
court deems necessary to deter such abuse of process. 
‘‘(j) MODEL POLICY.— 
‘‘(1) IN GENERAL.—The Director shall draft a 
model policy to maximize the accessibility of Federal 
extreme risk protection orders. 
‘‘(2) CONTENTS.—In drafting the model policy 
under paragraph (1), the Director shall— 
‘‘(A) ensure that State, Tribal, and local 
law enforcement officers and members of the 
public without legal training are able to easily
file petitions for Federal 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 relevant State, Tribal, 
and local officials; 
‘‘(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 Federal ex-
treme risk protection orders and relinquishment 
of firearms, ammunition, and permits, as appli-
cable; 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 a Federal extreme risk protection 
order under this section or a Federal extreme 
risk protection order expires without being re-
newed, the court shall notify— 
‘‘(i) the Attorney General; 
‘‘(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 Federal extreme risk protection order. 
‘‘(2) ANNUAL REPORT.—Not later than 1 year 
after the date of enactment of the Federal Extreme 
Risk Protection Order Act of 2022, and annually 
thereafter, the Director shall submit to the Com-
mittee on the Judiciary of the Senate and the Com-
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 
Federal orders filed, as well as the number of 
such orders issued and the number denied, 
disaggregated by— 
‘‘(i) the jurisdiction;
‘‘(ii) whether the individual authorized 
under subsection (b) to petition for a Fed-
eral extreme risk protection order is a law 
enforcement officer, or a family or house-
hold member, and in the case of a family 
or household member, which of subpara-
graphs (A) through (G) of subsection 
(a)(6) describes the relationship; and 
‘‘(iii) the alleged danger posed by the 
Federal order respondent, including wheth-
er the danger involved a risk of suicide, 
unintentional injury, domestic violence, or 
other interpersonal violence; 
‘‘(B) the number of petitions for long-term 
Federal orders filed, as well as the number of 
such orders issued and the number denied, 
disaggregated by— 
‘‘(i) the jurisdiction; 
‘‘(ii) whether the individual authorized 
under subsection (b) to petition for a Fed-
eral extreme risk protection order is a law 
enforcement officer, or a family or house-
hold member, and in the case of a family 
or household member, which of subpara-
graphs (A) through (G) of subsection 
(a)(6) describes the relationship; and 
‘‘(iii) the alleged danger posed by the 
Federal order respondent, including wheth-
er the danger involved a risk of suicide, 
unintentional injury, domestic violence, or 
other interpersonal violence; 
‘‘(C) the number of petitions for renewals 
of long-term Federal orders filed, as well as the 
number of such orders issued and the number 
denied; 
‘‘(D) the number of cases in which a court 
has issued a penalty for false reporting or frivo-
lous petitions; 
‘‘(E) demographic data of Federal order 
petitioners, including race, ethnicity, national 
origin, sex, gender, age, disability, average an-
nual income, and English language proficiency, 
if available; 
‘‘(F) demographic data of Federal order 
respondents, including race, ethnicity, national 
origin, sex, gender, age, disability, average an-
nual income, and English language proficiency, 
if available; and
‘‘(G) the total number of firearms removed 
pursuant to Federal extreme risk protection or-
ders, and, if available, the number of firearms 
removed pursuant to each such order. 
‘‘(l) TRAINING FOR FEDERAL LAW ENFORCEMENT 
OFFICERS.— 
‘‘(1) TRAINING REQUIREMENTS.—The head of 
each Federal law enforcement agency shall require 
each Federal law enforcement officer employed by 
the agency to complete training in the safe, impar-
tial, effective, and equitable use and administration 
of Federal extreme risk protection orders, including 
training to address— 
‘‘(A) bias based on race and racism, eth-
nicity, gender, sexual orientation, gender iden-
tity, religion, language proficiency, mental 
health condition, disability, and classism in the 
use and administration of Federal extreme risk 
protection orders; 
‘‘(B) the appropriate use of Federal ex-
treme risk protection orders in cases of domes-
tic violence, including the applicability of other 
policies and protocols to address domestic vio-
lence in situations that may also involve Fed-
eral extreme risk protection orders and the ne-
cessity of safety planning with the victim before 
law enforcement petitions for and executes a 
Federal extreme risk protection order, if appli-
cable; 
‘‘(C) interacting with persons with mental, 
behavioral, or physical disabilities, or emotional 
distress, including de-escalation techniques and 
crisis intervention; 
‘‘(D) techniques for outreach to historically 
marginalized cultural communities and the de-
velopment of linguistic proficiencies for law en-
forcement; 
‘‘(E) community relations; and 
‘‘(F) best practices for referring persons 
subject to Federal extreme risk protection or-
ders and associated victims of violence to social 
service providers that may be available in the 
jurisdiction and appropriate for those individ-
uals, including health care, mental health, sub-
stance abuse, and legal services, employment 
and vocational services, housing assistance, case 
management, and veterans and disability bene-
fits. 
‘‘(2) TRAINING
DEVELOPMENT.—Federal law 
enforcement agencies developing law enforcement
training required under this section 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)) providers), social service providers, suicide 
prevention advocates, violence intervention special-
ists, law enforcement agencies, mental health dis-
ability experts, and other community groups working 
to reduce suicides and violence, including domestic 
violence, within the State. 
‘‘(m) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or shall be construed to alter the requirements of sub-
sections (d)(8) or (g)(8) of section 922, related to domes-
tic violence protective orders. 
‘‘(n) PREEMPTION.—Nothing in this section may be 
construed to preempt any State law or policy.’’. 
(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;
(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 a Federal extreme 
risk protection order issued under section 932.’’. 
SEC. 3. 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— 
‘‘(A) issued under section 932; or 
‘‘(B) that is an extreme risk protection 
order (as defined in section 4(a) of the Federal 
Extreme Risk Protection Order Act of 2022).’’; 
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: 
‘‘(10) is subject to a court order— 
‘‘(A) issued under section 932; or 
‘‘(B) that is an extreme risk protection 
order (as defined in section 4(a) of the Federal 
Extreme Risk Protection Order Act of 2022),’’. 
SEC. 4. EXTREME RISK PROTECTION ORDER GRANT PRO-
GRAM. 
(a) DEFINITIONS.—In this section: 
(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 
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-
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. 
(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). 
(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
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 
identity, religion, language proficiency, 
mental health condition, disability, 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 
mental, behavioral, or physical disabilities, 
or emotional distress, including de-esca-
lation techniques and crisis intervention; 
(iv) techniques for outreach to histori-
cally marginalized cultural communities 
and the development of linguistic proficien-
cies for law enforcement; 
(v) community relations; and 
(vi) 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-
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)) providers), social service pro-
viders, suicide prevention advocates, violence 
intervention specialists, law enforcement agen-
cies, mental health disability experts, and other 
community groups working to reduce suicides 
and violence, including domestic violence, within 
the State or the territory under the jurisdiction 
of the Indian Tribe, as applicable, that enacted 
the legislation described in subsection (c) that 
enabled the grant recipient to be an eligible en-
tity. 
(5) INCENTIVES.—For each of fiscal years 2023 
through 2027, 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 
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-
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.
(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
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.—
(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—
(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
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
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, average annual income, and 
English language proficiency, if available; 
(F) demographic data of respondents, in-
cluding race, ethnicity, national origin, sex, gen-
der, age, disability, average annual income, and 
English language proficiency, if available; and 
(G) the total number of firearms removed 
pursuant to extreme risk protection orders, and, 
if available, the number of firearms removed 
pursuant to each such order. 
SEC. 5. 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 
orders, as defined in section 4(a) of the Federal Ex-
treme Risk Protection Order Act of 2022; 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 4 of the Federal Extreme Risk 
Protection Order Act of 2022, and Federal extreme 
risk protection orders, as defined in section 932 of 
title 18, in national crime information databases, as 
that term is defined in subsection (f)(3) of this sec-
tion; and 
‘‘(2) have access to information regarding ex-
treme risk protection orders and Federal extreme 
risk protection orders through the national crime in-
formation databases.’’. 
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 4(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 
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