I 
115TH CONGRESS 
2D SESSION 
H. R. 5717 
To authorize the Attorney General to make grants to States that have 
in place laws that authorize the seizure of firearms from dangerous 
individuals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 9, 2018 
Mrs. BROOKS of Indiana (for herself, Mr. DEUTCH, Mr. UPTON, Mrs. DIN-
GELL, Mr. FORTENBERRY, Mr. PAULSEN, Mr. COFFMAN, Mr. DENT, Mr. 
BERA, Mr. COSTELLO of Pennsylvania, Mr. CARSON of Indiana, Mr. 
MACARTHUR, and Mr. MOULTON) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To authorize the Attorney General to make grants to States 
that have in place laws that authorize the seizure of 
firearms from dangerous individuals, and for other pur-
poses. 
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 ‘‘Jake Laird Act of 
2018’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) The term ‘‘firearm’’ has the meaning given 
that term in section 921 of title 18, United States 
Code. 
(2) The term ‘‘dangerous’’ means, with respect 
to an individual, that the individual— 
(A) presents an imminent risk of injuring 
himself or herself, or another individual; or 
(B) the individual— 
(i) may present a risk of injuring him-
self or herself, or another individual; and 
(ii)(I) has a mental illness that may 
be controlled by medication, but has dem-
onstrated a pattern of not voluntarily and 
consistently taking such medication, except 
under supervision; 
(II) is the subject of documented evi-
dence that would give rise to a reasonable 
belief that the individual has a propensity 
for violent or emotionally unstable conduct; 
or 
(III) poses a significant danger of 
personal injury to himself or herself, or an-
other individual, by possessing a firearm. 
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SEC. 3. GRANTS FOR FIREARM SEIZURE LAW. 
(a) AUTHORIZATION.—The Attorney General is au-
thorized to make grants to States that have in place a 
law which authorizes the seizure of a firearm from a dan-
gerous individual in accordance with section 4. 
(b) USE OF FUNDS.—A State that receives a grant 
under this section may use such grant to implement the 
law described in subsection (a), and to train law enforce-
ment officers and prosecutors on the implementation of 
such law. 
(c) APPLICATION.—A State seeking a grant under 
this section shall submit to the Attorney General an appli-
cation at such time, in such manner, and containing such 
information as the Attorney General may reasonably re-
quire, including a copy of the law described in subsection 
(a). 
SEC. 4. REQUIREMENTS FOR FIREARM SEIZURE LAW. 
In order to be eligible for a grant under this section, 
a State law shall provide for a process that is substantially 
similar to the following: 
(1) WARRANT TO SEIZE A FIREARM FROM A 
DANGEROUS INDIVIDUAL.— 
(A) ISSUANCE.—A court of competent ju-
risdiction may issue a warrant authorizing a 
law enforcement officer to seize a firearm from 
a person that the court determines there is 
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probable cause to believe is dangerous and in 
possession of a firearm. 
(B) AFFIDAVIT
REQUIRED.—A law en-
forcement officer seeking a warrant described in 
subparagraph (A) shall submit to the court an 
affidavit, which contains the following informa-
tion: 
(i) Facts supporting the law enforce-
ment officer’s probable cause to believe 
that the individual is dangerous and in 
possession of a firearm, including a de-
scription of the law enforcement officer’s 
interaction with the individual, or with an-
other individual who provided information 
relating to the individual against whom the 
warrant is sought, and who the law en-
forcement officer determines is credible 
and reliable. 
(ii) The specific location of the fire-
arm. 
(2) SEIZURE OF A FIREARM WITHOUT A WAR-
RANT.—A law enforcement officer may seize a fire-
arm from an individual who the law enforcement of-
ficer determines there is probable cause to believe is 
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dangerous without obtaining a warrant under para-
graph (1) in the case of exigent circumstances. 
(3) RETURN FILED WITH COURT.—Not later 
than 48 hours after serving a warrant issued under 
paragraph (1) or seizing a firearm under paragraph 
(2), the law enforcement officer who served the war-
rant shall file a return with the court that includes 
the following information: 
(A) The time and date on which the war-
rant was served, or the firearm was seized, as 
applicable. 
(B) The name and address of the indi-
vidual with respect to whom the warrant was 
issued, or from whom the firearm was seized, as 
applicable. 
(C) The quantity of firearms seized, and a 
description of each such firearm. 
(4) HEARING.— 
(A) IN GENERAL.—Not later than 21 days 
after a return is filed under paragraph (3), the 
court shall hold a hearing to determine whether 
the individual is dangerous. If the court deter-
mines that the individual is dangerous, the 
court shall— 
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(i) order that the law enforcement 
agency maintain possession of the firearm; 
(ii) in the case of an individual who 
has a license to carry a firearm, revoke 
such license; and 
(iii) enter an order restraining that 
individual from acquiring a firearm. 
(B) NOTICE.—The court shall provide no-
tice of such hearing to the government, and to 
the individual from whom the firearm was 
seized. 
(C) BURDEN
OF
PROOF.—At a hearing 
under subparagraph (A), the government shall 
have the burden of proving, by clear and con-
vincing evidence, that the individual is dan-
gerous, and that the firearm should not be re-
turned to the individual from whom it was 
seized. 
(D) FIREARM OWNED BY ANOTHER INDI-
VIDUAL.—If the court determines that the fire-
arm seized is owned by an individual other than 
the individual with respect to whom the warrant 
was issued, the court shall order the return of 
the firearm to that individual. 
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(E) INCLUSION IN NICS.—In the case that 
a court enters an order described in subpara-
graph (A), the appropriate person shall make 
such information available to the Attorney Gen-
eral to be included in the National Instant 
Criminal Background Check System. 
(5) PETITION FOR RETURN OF FIREARM.— 
(A) IN GENERAL.—Beginning on the date 
that is 180 days after the date on which a court 
entered an order described in clauses (i) 
through (iii) of paragraph (4)(A), an individual 
against whom such an order was entered may 
petition the court for the reversal of such order. 
(B) GRANTING OF PETITION.—The court 
shall grant a petition filed under subparagraph 
(A) if the petitioner proves by a preponderance 
of the evidence that the individual is not dan-
gerous. 
(C) DENIAL OF PETITION.—If the court 
denies a petition under this section, the indi-
vidual against whom such order was entered 
may file another petition under this section be-
ginning on the date that is 180 days after such 
denial. 
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(6) DISPOSAL OF FIREARM.—In the case that 
an order under paragraph (4)(A)(i) is still in effect 
on the date that is 5 years after the date on which 
it was entered, the court, after giving notice to the 
appropriate parties, may order the law enforcement 
agency with custody of such firearm to dispose of 
the firearm in accordance with any applicable policy 
of the jurisdiction in which the firearm was seized. 
(7) REQUEST TO SELL FIREARM.— 
(A) IN
GENERAL.—An individual whose 
firearms were retained by a law enforcement 
agency pursuant to an order under paragraph 
(4)(A)(i) may petition the court for the law en-
forcement agency to sell the firearm in accord-
ance with any applicable policy of the jurisdic-
tion in which the firearm was seized, and pro-
vide the proceeds of such sale to the individual. 
The court shall grant such order unless the se-
rial number on the firearm is damaged. 
(B) TIMING.—A petition described in sub-
paragraph (A) may be filed any time prior to 
the entry of an order under paragraph (6). 
(C) SALE.—A law enforcement agency or-
dered to sell a firearm under this section shall 
sell the firearm not later than 1 year after the 
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