I 
115TH CONGRESS 
2D SESSION 
H. R. 6747 
To provide States with funding to establish new tools to prevent suicide 
and violence, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 7, 2018 
Mr. KATKO (for himself, Mr. PETERSON, Mr. CURTIS, Mr. CUELLAR, Mr. 
DIAZ-BALART, Mrs. COMSTOCK, and Mr. YOUNG of Iowa) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To provide States with funding to establish new tools to 
prevent suicide and violence, and for other purposes. 
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 ‘‘Protecting Our Com-
munities and Rights Act of 2018’’. 
SEC. 2. DEFINITIONS. 
In this Act— 
(1) the term ‘‘family member’’ means, with re-
spect to an individual, a spouse, child, parent, sib-
ling, grandchild, or grandparent of the individual, a 
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person with whom the individual shares a child in 
common, the legal guardian of the individual, or a 
person who cohabits or has cohabited with the indi-
vidual within the previous 12 months; 
(2) the term ‘‘firearm’’ has the meaning given 
the term in section 921 of title 18, United States 
Code; 
(3) the term ‘‘extreme risk protection order’’ 
means a written order, issued by a State court or 
signed by a magistrate prohibiting the respondent 
from purchasing, possessing, or receiving a firearm; 
and 
(4) the term ‘‘law enforcement officer’’ means 
a public servant authorized by State law or by a 
State government agency to engage in or supervise 
the prevention, detection, investigation, or prosecu-
tion of a criminal offense. 
SEC. 3. NATIONAL EXTREME RISK PROTECTION ORDER 
LAW. 
(a) ENACTMENT OF EXTREME RISK PROTECTION 
ORDER LAW.—In order to receive a grant under section 
4, a State shall have in effect a law that authorizes the 
issuance of an extreme risk protection order in accordance 
with subsection (b). 
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(b) REQUIREMENTS FOR EXTREME RISK PROTEC-
TION ORDERS.—Legislation required under subsection (a) 
shall be subject to the following requirements: 
(1) GENERALIZED CONCERNS INSUFFICIENT.— 
A generalized concern related to any hazards posed 
by firearm ownership or use generally shall not con-
stitute sufficient basis for the issuance or renewal of 
an extreme risk protection order under this section. 
(2) APPLICATION FOR PRELIMINARY EX PARTE 
EXTREME
RISK
PROTECTION
ORDER.—A family 
member or a law enforcement officer, whether acting 
on the officer’s own initiative or in response to a 
complaint the officer has substantiated through 
independent investigation, may submit an applica-
tion to a State court for the issuance of a prelimi-
nary ex parte extreme risk protection order, on a 
form designed by the court, that— 
(A) describes the facts and circumstances 
necessitating that a preliminary ex parte ex-
treme risk protection order be issued against 
the respondent; 
(B) is signed by the applicant, under oath; 
and 
(C) includes any additional information re-
quired by the State court or magistrate to dem-
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onstrate that the respondent poses an immi-
nent, particularized, and substantial risk of un-
lawfully using a firearm to cause death or seri-
ous physical injury to himself or herself or to 
another person. 
(3) STANDARD FOR ISSUANCE OF A PRELIMI-
NARY EX PARTE ORDER.— 
(A) IN GENERAL.—A State court or mag-
istrate may issue a preliminary ex parte ex-
treme risk protection order upon finding by a 
preponderance of evidence that the respondent 
poses an imminent, particularized, and substan-
tial risk of unlawfully using a firearm to cause 
death or serious physical injury to himself or 
herself or to another person. No such order 
shall remain in effect for more than 21 days 
unless the respondent is detained for or submits 
to an evaluation for commitment to a mental 
institution or for assisted outpatient treatment, 
in which case the preliminary order may be ex-
tended for the duration of any such commit-
ment or treatment. Before issuing an order 
under this paragraph, the court or magistrate 
shall consider whether the respondent meets the 
applicable standard for involuntary observation, 
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temporary commitment, or any other procedure 
that begins the State’s process for involuntary 
commitment or assisted outpatient treatment. If 
the court or magistrate determines that the re-
spondent meets such standard, then, in addition 
to issuing a preliminary ex parte extreme risk 
protection order, the court or magistrate shall 
order the respondent to undergo a mental eval-
uation to determine the most appropriate treat-
ment, including involuntary commitment or as-
sisted outpatient treatment, and may issue an 
order requiring the respondent to undergo such 
treatment. 
(B) APPLICATION
TO
BE
MADE
UNDER 
OATH.—A State court or magistrate shall, be-
fore issuing a preliminary ex parte extreme risk 
protection order— 
(i) examine under oath the individual 
who applied for the order under paragraph 
(2) and any witnesses the individual pro-
duces; or 
(ii) require that the individual or any 
witness submit a signed affidavit, subject 
to the penalties of perjury, which describes 
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the facts the applicant or witness believes 
establish the grounds of the application. 
(4) LIMITATION
ON
FIREARM
PROHIBITIONS 
BASED ON EX PARTE PROCEEDINGS.—Any restric-
tion imposed pursuant to a preliminary ex parte 
order, which is based on ex parte proceedings shall 
be limited to receiving firearms or transporting or 
carrying firearms in public. 
(5) REPORTING
OF
PRELIMINARY
EX
PARTE 
EXTREME
RISK
PROTECTION
ORDER.—The court 
shall notify the Department of Justice and com-
parable State agency of the issuance of the prelimi-
nary ex parte extreme risk protection order not later 
than 48 hours after issuing the order. Such notice 
shall be submitted in an electronic format, in a man-
ner prescribed by the Department of Justice and the 
comparable State agency. 
(6) HEARING ON A PERMANENT EXTREME RISK 
PROTECTION ORDER.— 
(A) IN GENERAL.—Not later than 14 days 
after the date on which a court issues a prelimi-
nary ex parte extreme risk protection order, the 
issuing court, or another court in the same ju-
risdiction, shall hold a hearing to determine 
whether to issue a permanent extreme risk pro-
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tection order and, if applicable, whether to con-
tinue procedures for involuntary commitment or 
assisted outpatient treatment. The respondent 
shall have the opportunity to appear with coun-
sel, present opposing witnesses, and cross-exam-
ine the petitioner or any witnesses offered by 
the petitioner. 
(B) NOTICE.—A court may not issue a 
permanent extreme risk protection order unless 
the respondent receives actual notice of the 
hearing under subparagraph (A). 
(C) BURDEN OF PROOF.—At any hearing 
conducted under subparagraph (A), the State 
or petitioner shall have the burden of estab-
lishing by clear and convincing evidence that 
the respondent poses an imminent, particular-
ized, and substantial risk of unlawfully using a 
firearm to cause death or serious physical in-
jury to himself or herself or to another person. 
(D) REQUIREMENTS UPON ISSUANCE OF A 
PERMANENT
ORDER.—If the court finds by 
clear and convincing evidence that the respond-
ent poses an imminent, particularized, and sub-
stantial risk of unlawfully using a firearm to 
cause death or serious physical injury to himself 
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or herself or to another person, the following 
shall apply: 
(i) The respondent shall be prohibited 
from possessing or receiving, or attempting 
to possess or receive, a firearm for a period 
not to exceed 1 year. 
(ii) If the court determines that there 
is probable cause to believe that the re-
spondent possesses a firearm when the 
order is issued, the court shall issue a war-
rant ordering the seizure of such firearm 
and shall further order the firearm to be 
retained pursuant to paragraph (7) for the 
duration of the permanent extreme risk 
protection order. 
(7) SEIZURE AND TEMPORARY RETENTION OF 
FIREARMS.— 
(A) IN GENERAL.—In the case that a law 
enforcement officer takes possession of a fire-
arm pursuant to a warrant issued pursuant to 
paragraph (6)(D)(ii), the law enforcement offi-
cer shall provide to the individual from whom 
the firearm was taken a receipt, which includes 
the make, model, caliber, finish, and serial 
number of any such firearm. In the case that 
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an individual is not present at the time of the 
seizure, the law enforcement officer shall post 
the receipt at the location from which the fire-
arm was seized. 
(B) CUSTODY
OF
SEIZED
FIREARMS.—A 
firearm seized pursuant to paragraph (6)(D)(ii) 
shall, for the duration of the permanent ex-
treme risk protection order, be retained by the 
law enforcement agency that seized the firearm, 
or by a third party not prohibited from pos-
sessing or receiving a firearm, as specified by 
the court that issued the permanent extreme 
risk protection order. 
(C) LIMITATION
ON
SEIZURE
OF
FIRE-
ARMS.—In the case that the location to be 
searched during the execution of a warrant to 
enforce a permanent extreme risk protection 
order is occupied by multiple parties, and a law 
enforcement officer executing the search deter-
mines that a firearm that is located during the 
search is owned by an individual other than the 
respondent named in the warrant, the firearm 
may not be seized if— 
(i) the firearm will be stored in a 
manner that ensures that the respondent 
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named in the warrant does not have access 
to or control of the firearm; and 
(ii) there is no probable cause to be-
lieve that the owner of the firearm does 
not lawfully possess the firearm. 
(D) GUN SAFE.—In the case that the loca-
tion to be searched during the execution of a 
warrant 
issued 
pursuant 
to 
paragraph 
(6)(D)(ii) is occupied by multiple parties, and a 
law enforcement officer executing the search lo-
cates a gun safe, which the officer determines 
is owned by an individual other than the indi-
vidual named in the warrant, the contents of 
the gun safe shall not be searched except in the 
owner’s presence and with the owner’s consent. 
(E) RETURN OF FIREARM TO RIGHTFUL 
OWNER.—In the case that any individual who is 
not subject to an extreme risk protection order 
can demonstrate title to a firearm seized pursu-
ant to a warrant issued pursuant to paragraph 
(6)(D)(ii), the firearm shall be returned to the 
lawful owner as soon as possible and without an 
additional order of a court. 
(8) PETITION FOR RESCISSION OF A PERMA-
NENT EXTREME RISK PROTECTION ORDER.—An in-
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dividual subject to a permanent extreme risk protec-
tion order may at any time during the effective pe-
riod of the order file one petition with the issuing 
court to rescind the permanent extreme risk protec-
tion order. The court shall hold a hearing on the pe-
tition within 14 days and grant the petition if the 
individual proves by a preponderance of evidence 
that his or her possession of a firearm does not pose 
an imminent, particularized, and substantial risk of 
death or serious bodily injury to the individual or 
another person. 
(9) RETURN OF FIREARMS TO INDIVIDUAL SUB-
JECT TO AN EXTREME RISK PROTECTION ORDER.— 
Any firearms seized pursuant to a warrant issued 
pursuant to paragraph (6)(D)(ii) shall be returned 
to the respondent within 5 business days of the expi-
ration or rescission of the order. Notwithstanding 
any other provision of law, the court may require 
that the respondent submit to an inquiry through 
the national instant criminal background check sys-
tem as a condition of receiving the firearm. 
(10) RENEWING
AN
EXTREME
RISK
PROTEC-
TION ORDER.—A family member or law enforcement 
officer may petition the court that issued a perma-
nent extreme risk protection order to renew the 
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order for a period not to exceed 1 year. The require-
ments and proceedings for renewal of an extreme 
risk protection order shall be the same as for the 
issuance of a permanent extreme risk protection 
order under paragraph (6). A permanent extreme 
risk protection order may not be renewed more than 
2 times. 
(11) NOTIFICATION.— 
(A) IN GENERAL.—Except as provided in 
paragraph (5), the court shall notify the De-
partment of Justice and comparable State 
agency of the issuance or renewal of an extreme 
risk protection order not later than 5 court 
days after issuing or renewing the order. The 
court shall also notify the Department of Jus-
tice and comparable State agency of the rescis-
sion or expiration of an extreme risk protection 
order not later than 5 court days after such re-
scission or expiration. Such notice shall be sub-
mitted in an electronic format, in a manner 
prescribed by the Department of Justice and 
the comparable State agency. 
(B) UPDATE OF DATABASES.—As soon as 
practicable after receiving a notification under 
paragraph (5) or subparagraph (A), but in no 
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case later than 48 hours, the Department of 
Justice and comparable State agency shall up-
date the background check databases of the De-
partment and agency, respectively, to reflect— 
(i) the issuance or renewal of the ex-
treme risk protection order; or 
(ii) the rescission or expiration of an 
extreme risk protection order. 
(c) CONFIDENTIALITY PROTECTIONS.—All informa-
tion provided to the Department of Justice and com-
parable State agency pursuant to legislation described 
under this section shall be kept confidential, separate, and 
apart from all other records maintained by the Depart-
ment of Justice and the comparable State agency. 
(d) RULE OF CONSTRUCTION.—The use of terms in 
a State law that differ from the terms used in this section, 
or the definitions in section 2, shall not affect the avail-
ability of funds to a State under this section, provided that 
the State otherwise complies with the substantive require-
ments of this section. A State may not receive funds under 
this section if does not meet the substantive requirements 
of this section, including required findings, evidentiary 
standards, burdens of proof, limitations on duration and 
renewal of orders, and rules governing the return of fire-
arms. 
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SEC. 4. PAUSE FOR SAFETY GRANT PROGRAM. 
(a) IN GENERAL.—The Director of the Office of 
Community Oriented Policing Services of the Department 
of Justice may make grants to an eligible State to assist 
the State in carrying out the provisions of the State legis-
lation described in section 3. 
(b) ELIGIBLE STATE.—A State shall be eligible to re-
ceive grants under this section beginning on the date on 
which— 
(1) the State enacts legislation described in sec-
tion 3; and 
(2) the Attorney General determines that the 
legislation of the State described in paragraph (1) 
complies with the requirements of section 3. 
(c) USE OF FUNDS.—Funds awarded under this sec-
tion may be used by a State to assist law enforcement 
agencies or the courts of the State in carrying out the 
provisions of the State legislation described in section 3. 
(d) APPLICATION.—A State seeking a grant under 
this section shall submit to the Director of the Office of 
Community Oriented Policing Services an application at 
such time, in such manner, and containing such informa-
tion, as the Director may reasonably require. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
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SEC. 5. FEDERAL FIREARMS PROHIBITION. 
Section 922 of title 18, United States Code, is 
amended— 
(1) in subsection (d)— 
(A) in paragraph (8)(B)(ii), by striking 
‘‘or’’ at the end; 
(B) in paragraph (9), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (9) the 
following: 
‘‘(10) who is subject to a court order that— 
‘‘(A) was issued after a hearing of which 
such person received actual notice, and at which 
such person had an opportunity to participate; 
‘‘(B) restrains such person from possessing 
a firearm; 
‘‘(C) includes a finding by clear and con-
vincing evidence that such person poses an im-
minent, particularized, and substantial risk of 
unlawfully using a firearm to cause death or se-
rious physical injury to himself or herself or to 
another person; and 
‘‘(D) was initiated by a family member or 
law enforcement officer (as such terms are de-
fined under section 2 of the Protecting Our 
Communities and Rights Act of 2018).’’; and 
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(2) in subsection (g)— 
(A) in paragraph (8)(C)(ii), by striking 
‘‘or’’ at the end; 
(B) in paragraph (9), by striking the 
comma at the end and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (9) the 
following: 
‘‘(10) who is subject to a court order that— 
‘‘(A) was issued after a hearing of which 
such person received actual notice, and at which 
such person had an opportunity to participate; 
‘‘(B) restrains such person from possessing 
a firearm; 
‘‘(C) includes a finding by clear and con-
vincing evidence that such person poses an im-
minent, particularized, and substantial risk of 
unlawfully using a firearm to cause death or se-
rious physical injury to himself or herself or to 
another person; and 
‘‘(D) was initiated by a family member or 
law enforcement officer (as such terms are de-
fined under section 2 of the Protecting Our 
Communities and Rights Act of 2018),’’. 
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SEC. 6. SEVERABILITY; NONPREEMPTION OF STATE AU-
THORITY. 
(a) 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 remainder of this Act, or an amendment 
made by this Act, or the application of such provision to 
other persons or circumstances, shall not be affected. 
(b) NONPREEMPTION.—Nothing in this Act, or an 
amendment made by this Act, shall be construed to— 
(1) limit the ability of a State to enact legisla-
tion with additional due process protections or addi-
tional rights for a respondent or subject of an ex-
treme risk protection order; or 
(2) supersede or contradict any State authority 
or law established or enacted before or after the date 
of enactment of this Act relating to the emergency 
removal of firearms from individuals determined to 
be an imminent danger to themselves or others. 
Æ 
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