Extreme Risk Protection Order and Violence Prevention Act of 2021
Bill: S.292 | Sponsor: Sen. Rubio, Marco (R-FL)
Policy area: Crime and Law Enforcement

Summary:
Extreme Risk Protection Order and Violence Prevention Act of 2021
This bill establishes a new grant program to help states and Indian tribes implement extreme risk protection order laws.
Extreme risk protection order laws, or red flag laws, generally allow certain individuals (e.g., law enforcement officers or family members) to petition a court for a temporary order that prohibits an at-risk individual from purchasing and possessing firearms.
The bill also expands the categories of persons who are prohibited from receiving, possessing, shipping, or transporting a firearm or ammunition. Specifically, it adds a new category of prohibited persons: persons who are subject to an extreme risk protection order.

To provide family members of an individual who they fear is a danger to 
  himself, herself, or others, or law enforcement, with new tools to 
                         prevent gun violence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Extreme Risk Protection Order and 
Violence Prevention Act of 2021''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) each State and Indian Tribe should enact extreme risk 
        protection order legislation described in part OO of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968, as 
        added by section 3; and
            (2) such extreme risk protection order legislation is an 
        important tool in the efforts of States and Indian Tribes to 
        ensure that firearms and ammunition are kept out of the hands 
        of individuals whom a court has determined to be a significant 
        danger to themselves or others.

SEC. 3. EXTREME RISK PROTECTION ORDER GRANT PROGRAM.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at 
the end the following:

         ``PART OO--EXTREME RISK PROTECTION ORDER GRANT PROGRAM

``SEC. 3051. DEFINITIONS.

    ``In this title--
            ``(1) the terms `ammunition' and `firearm' have the 
        meanings given those terms in section 921(a) of title 18, 
        United States Code;
            ``(2) the term `extreme risk protection order' means a 
        written order, issued by a State or Tribal court or signed by a 
        magistrate that, for a period not to exceed 12 months--
                    ``(A) prohibits the individual named in the order 
                from having under the custody or control of the 
                individual, purchasing, possessing, or receiving any 
                firearms; and
                    ``(B) requires a firearm be removed;
            ``(3) the term `family or household member' means, with 
        respect to a respondent, any--
                    ``(A) individual related by blood, marriage, or 
                adoption to the respondent;
                    ``(B) dating partner (as defined in section 2266 of 
                title 18, United States Code) 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 respondent 
                        at any time;
                    ``(D) individual who resides or has resided with 
                the respondent during the past year;
                    ``(E) spouse or intimate partner (as defined in 
                section 2266 of title 18, United States Code) of the 
                respondent;
                    ``(F) individual who has a biological or legal 
                parent-child relationship with the respondent, 
                including a stepparent-stepchild and grandparent-
                grandchild relationship; and
                    ``(G) individual who is acting or has acted as the 
                legal guardian of the respondent;
            ``(4) the term `Indian Tribe' has the meaning given the 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304);
            ``(5) the term `petitioner' means the law enforcement 
        officer, or family or household member of an individual, who 
        submits a petition for an extreme risk protection order under 
        section 3052(b)(1);
            ``(6) the term `qualifying State or Tribal law' means a law 
        of a State or Indian Tribe that the Attorney General has 
        determined to be in compliance with the minimum requirements 
        described in section 3052;
            ``(7) the term `respondent' means an individual who is 
        named in a petition for an extreme risk protection order under 
        section 3052(b)(1);
            ``(8) 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; and
            ``(9) the term `temporary ex parte extreme risk protection 
        order' means a written order, issued by a State or Tribal court 
        or signed by a magistrate prohibiting a named individual from 
        possessing, purchasing, receiving, or transporting a firearm 
        during the period beginning on the date on which the order is 
        issued and ending on the date on which the hearing for the 
        extreme risk protection order is held.

``SEC. 3052. EXTREME RISK PROTECTION ORDER LEGISLATION.

    ``(a) Enactment of Extreme Risk Protection Order Legislation.--In 
order to receive a grant under section 3053, a State or Indian Tribe 
shall have in effect a qualifying State or Tribal law.
    ``(b) Minimum Requirements for Extreme Risk Protection Orders.--A 
qualifying State or Tribal law shall impose the following minimum 
requirements for the issuance of an extreme risk protection order:
            ``(1) Petition for extreme risk protection order.--
                    ``(A) In general.--A law enforcement officer, or 
                family or household member of an individual, may submit 
                a petition to a State or Tribal court, on a form 
                designed by the courts administrator or similar office 
                of the State or Indian Tribe, that--
                            ``(i) describes the facts and circumstances 
                        necessitating that an extreme risk protection 
                        order be issued against the respondent because 
                        the respondent poses a significant danger of 
                        causing personal injury to himself or herself 
                        or others by--
                                    ``(I) having a firearm or 
                                ammunition in his or her custody or 
                                control; or
                                    ``(II) purchasing, possessing, or 
                                receiving a firearm or ammunition;
                            ``(ii) is accompanied by a sworn affidavit, 
                        signed by the petitioner, stating the specific 
                        facts that give rise to reasonable fear of 
                        significant dangerous acts by the respondent;
                            ``(iii) identifies the quantities, types, 
                        and locations of all firearms and ammunition 
                        the petitioner believes to be in the current 
                        ownership, possession, custody, or control of 
                        the respondent; and
                            ``(iv) identifies whether there is a known 
                        extreme risk protection order already in effect 
                        against the respondent.
                    ``(B) Good faith notice.--A petitioner who submits 
                a petition under subparagraph (A) shall be required to 
                make a good faith effort to provide notice to other 
                family or household members of the respondent, or to 
                any other known third party, who may be at risk of 
                violence because of the submission of such petition.
            ``(2) Issuance of extreme risk protection orders.--
                    ``(A) Hearing.--
                            ``(i) In general.--Upon receipt of a 
                        petition under paragraph (1), the court shall--
                                    ``(I) order a hearing to be held 
                                not later than 14 days after the date 
                                of such order; and
                                    ``(II) issue a notice of the 
                                hearing ordered under subclause (I) to 
                                the respondent.
                            ``(ii) Telephone hearing.--A court may 
                        conduct the hearing required under clause (i) 
                        by telephone, pursuant to local court rules.
                            ``(iii) Determination.--If the court finds 
                        by clear and convincing evidence that the 
                        respondent poses a significant danger of 
                        causing personal injury to himself or herself 
                        or others by having in his or her custody or 
                        control, or by purchasing, possessing, or 
                        receiving, a firearm or ammunition, the court 
                        shall issue an extreme risk protection order 
                        for a period the court determines is 
                        appropriate, which may not exceed 12 months.
                    ``(B) Consideration of evidence.--
                            ``(i) In general.--In determining whether 
                        to issue an extreme risk protection order, the 
                        court--
                                    ``(I) may consider relevant 
                                evidence, such as--
                                            ``(aa) a recent threat or 
                                        act of violence by the 
                                        respondent against himself or 
                                        herself or others;
                                            ``(bb) a threat or act of 
                                        violence by the respondent 
                                        against himself or herself or 
                                        others in the past 12 months;
                                            ``(cc) evidence that the 
                                        respondent has a serious mental 
                                        illness;
                                            ``(dd) an extreme risk 
                                        protection order previously 
                                        issued to the respondent or a 
                                        violation by the respondent of 
                                        a previously issued extreme 
                                        risk protection order;
                                            ``(ee) whether the 
                                        respondent has been convicted 
                                        of a crime of domestic violence 
                                        or other violence;
                                            ``(ff) whether the 
                                        respondent has used or 
                                        threatened to use weapons 
                                        against himself or herself or 
                                        others;
                                            ``(gg) the unlawful use of 
                                        a firearm by the respondent;
                                            ``(hh) the recurring use or 
                                        threat of use of physical force 
                                        by the respondent against 
                                        another person or the 
                                        respondent stalking another 
                                        person;
                                            ``(ii) corroborated 
                                        evidence of the abuse of 
                                        controlled substances or 
                                        alcohol by the respondent;
                                            ``(jj) relevant information 
                                        from family or household 
                                        members concerning the 
                                        respondent; and
                                            ``(kk) witness testimony 
                                        taken while the witness is 
                                        under oath relating to the 
                                        matter before the court; and
                                    ``(II) shall consider whether a 
                                mental health evaluation or chemical 
                                dependency evaluation is appropriate.
                            ``(ii) Presentation of evidence.--Anyone 
                        who offers evidence or recommendations relating 
                        to the petition submitted under paragraph (1) 
                        shall--
                                    ``(I) present the evidence or 
                                recommendations in writing to the court 
                                and submit a copy of such evidence or 
                                recommendations to each party or the 
                                attorney for a party; or
                                    ``(II) present the evidence under 
                                oath at a hearing at which all parties 
                                are present.
                            ``(iii) Mental health and chemical 
                        dependency evaluations.--If a court determines 
                        that a mental health evaluation or chemical 
                        dependency evaluation is appropriate under 
                        clause (i)(II), the court may order the 
                        appropriate evaluation.
                    ``(C) Contents of order.--If a court issues an 
                extreme risk protection order, the order shall 
                contain--
                            ``(i) a statement on the grounds supporting 
                        the issuance of the order;
                            ``(ii) the date on which the order was 
                        issued;
                            ``(iii) the date on which the order 
                        expires;
                            ``(iv) whether a mental health evaluation 
                        or chemical dependency evaluation of the 
                        respondent is required;
                            ``(v) the address of the court in which a 
                        responsive pleading may be filed;
                            ``(vi) a description of the requirements 
                        for surrender of all firearms and ammunition 
                        owned by the respondent; and
                            ``(vii) a clear statement of instruction on 
                        surrendering to the appropriate local law 
                        enforcement agency all firearms and ammunition 
                        owned by the respondent or in the custody, 
                        control, or possession of the respondent and 
                        any license to carry a concealed weapon or 
                        firearm issued pursuant to the laws of the 
                        State or Indian Tribe, which shall include--
                                    ``(I) a clear statement that the 
                                respondent may not, during the period 
                                for which the order is in effect--
                                            ``(aa) have in the control 
                                        or custody of the respondent a 
                                        firearm or ammunition; or
                                            ``(bb) purchase, possess, 
                                        or receive, or attempt to 
                                        purchase, possess, or receive, 
                                        a firearm or ammunition; and
                                    ``(II) a clear description of the 
                                right of the respondent to request not 
                                less than 1 hearing to vacate the order 
                                and, if the order is renewed, to 
                                request a hearing to vacate such 
                                renewal.
                    ``(D) Denial of extreme risk protection order.--If 
                a court declines to issue an extreme risk protection 
                order for which the court receives a petition under 
                paragraph (1), the court shall issue a written 
                statement describing the specific reasons for declining 
                to issue such order.
            ``(3) Temporary ex parte extreme risk protection order.--
                    ``(A) In general.--Upon receipt of a petition under 
                paragraph (1), the court may issue a temporary ex parte 
                extreme risk protection order before conducting the 
                hearing required under paragraph (2), if--
                            ``(i) a request for a temporary ex parte 
                        extreme risk protection order is included in 
                        the petition and includes detailed allegations 
                        based on personal knowledge that the respondent 
                        poses a significant danger of causing personal 
                        injury to himself or herself or others in the 
                        near future by having in his or her custody or 
                        control, or by purchasing, possessing, or 
                        receiving, a firearm or ammunition; and
                            ``(ii) the court finds there is probable 
                        cause to believe that the respondent poses a 
                        significant danger of causing personal injury 
                        to himself or herself or others in the near 
                        future by having in his or her custody or 
                        control, or by purchasing, possessing, or 
                        receiving, a firearm or ammunition.
                    ``(B) Requirements.--In determining whether to 
                issue a temporary ex parte extreme risk protection 
                order, the court shall--
                            ``(i) conduct a hearing, either in person 
                        or by telephone, pursuant to local court rules, 
                        on the date on which the petition is filed or 
                        on the business day immediately following such 
                        date; and
                            ``(ii) consider all relevant evidence, such 
                        as--
                                    ``(I) a recent threat or act of 
                                violence by the respondent against 
                                himself or herself or others;
                                    ``(II) a threat or act of violence 
                                by the respondent against himself or 
                                herself or others in the past 12 
                                months;
                                    ``(III) evidence that the 
                                respondent has a serious mental 
                                illness;
                                    ``(IV) an extreme risk protection 
                                order previously issued to the 
                                respondent or a violation by the 
                                respondent of a previously issued 
                                extreme risk protection order;
                                    ``(V) whether the respondent has 
                                been convicted of a crime of domestic 
                                violence or other violence;
                                    ``(VI) whether the respondent has 
                                used or threatened to use weapons 
                                against himself or herself or others;
                                    ``(VII) the unlawful use of a 
                                firearm by the respondent;
                                    ``(VIII) the recurring use or 
                                threat of use of physical force by the 
                                respondent against another person or 
                                the respondent stalking another person;
                                    ``(IX) corroborated evidence of the 
                                abuse of controlled substances or 
                                alcohol by the respondent;
                                    ``(X) relevant information from 
                                family or household members concerning 
                                the respondent; and
                                    ``(XI) witness testimony taken 
                                while the witness is under oath 
                                relating to the matter before the 
                                court.
                    ``(C) Notice.--If a court issues a temporary ex 
                parte extreme risk protection order, the court shall 
                provide notice of the temporary ex parte firearm 
                violence order to the respondent concurrently with the 
                notice of hearing required under paragraph 
                (2)(A)(i)(II).
                    ``(D) Contents of order.--If a court issues a 
                temporary ex parte extreme risk protection order, the 
                order shall include, at a minimum--
                            ``(i) a statement for the grounds of the 
                        order;
                            ``(ii) the date on which the order was 
                        issued;
                            ``(iii) the date and time of the hearing on 
                        the extreme risk protection order;
                            ``(iv) the address of the court in which a 
                        responsive pleading may be filed;
                            ``(v) a clear description of the 
                        requirements and process for surrender of 
                        firearms and ammunition; and
                            ``(vi) a clear statement outlining the 
                        prohibitions and rights of the respondent under 
                        the order, including--
                                    ``(I) a clear statement that the 
                                respondent may consult an attorney; and
                                    ``(II) a clear statement that 
                                failure of the respondent to appear at 
                                the hearing described in clause (iii) 
                                may result in an extreme risk 
                                protection order being issued for a 
                                period not to exceed 12 months.
            ``(4) Termination and extension of extreme risk protection 
        orders.--
                    ``(A) Hearing to vacate order.--
                            ``(i) In general.--A respondent may request 
                        not less than 1 hearing to vacate an extreme 
                        risk protection order issued against the 
                        respondent.
                            ``(ii) Hearing.--Not later than 30 days 
                        after the date on which a petitioner is 
                        notified of the request of the respondent to 
                        vacate an extreme risk protection order, the 
                        court shall conduct a hearing on the request.
                            ``(iii) Determination.--
                                    ``(I) In general.--The court shall 
                                vacate an extreme risk protection order 
                                if the respondent demonstrates by clear 
                                and convincing evidence that the 
                                respondent does not pose a significant 
                                danger of causing personal injury to 
                                himself or herself or others by having 
                                in his or her custody or control, or by 
                                purchasing, possessing, or receiving, a 
                                firearm or ammunition.
                                    ``(II) Considerations.--In making a 
                                determination under this subparagraph, 
                                the court may consider relevant 
                                evidence, such as--
                                            ``(aa) a recent threat or 
                                        act of violence by the 
                                        respondent against himself or 
                                        herself or others;
                                            ``(bb) a threat or act of 
                                        violence by the respondent 
                                        against himself or herself or 
                                        others in the past 12 months;
                                            ``(cc) evidence that the 
                                        respondent has a serious mental 
                                        illness;
                                            ``(dd) an extreme risk 
                                        protection order previously 
                                        issued to the respondent or a 
                                        violation by the respondent of 
                                        a previously issued extreme 
                                        risk protection order;
                                            ``(ee) whether the 
                                        respondent has been convicted 
                                        of a crime of domestic violence 
                                        or other violence;
                                            ``(ff) whether the 
                                        respondent has used or 
                                        threatened to use weapons 
                                        against himself or herself or 
                                        others;
                                            ``(gg) the unlawful use of 
                                        a firearm by the respondent;
                                            ``(hh) the recurring use or 
                                        threat of use of physical force 
                                        by the respondent against 
                                        another person or the 
                                        respondent stalking another 
                                        person;
                                            ``(ii) corroborated 
                                        evidence of the abuse of 
                                        controlled substances or 
                                        alcohol by the respondent;
                                            ``(jj) relevant information 
                                        from family or household 
                                        members concerning the 
                                        respondent; and
                                            ``(kk) witness testimony 
                                        taken while the witness is 
                                        under oath relating to the 
                                        matter before the court.
                            ``(iv) Notice to law enforcement 
                        officials.--If a court vacates an extreme risk 
                        protection order under this subparagraph, the 
                        court shall provide notice to the relevant law 
                        enforcement agency of such determination and 
                        the law enforcement agency shall promptly 
                        return any surrendered firearms and ammunition 
                        to the respondent.
                    ``(B) Extension of order.--
                            ``(i) Notice to petitioner.--Not later than 
                        30 days before the date on which an extreme 
                        risk protection order is set to expire, the 
                        court shall provide notice to the petitioner of 
                        such expiration date.
                            ``(ii) Request for extension.--During the 
                        30-day period preceding the expiration date 
                        described in clause (i), a petitioner may 
                        submit a request to extend the extreme risk 
                        protection order.
                            ``(iii) Hearing.--Upon receipt of a request 
                        for an extension under clause (ii), the court 
                        shall schedule, provide notice for, and conduct 
                        a hearing in accordance with the requirements 
                        described in paragraph (2)(A).
                            ``(iv) Determination.--If a court finds 
                        that there is clear and convincing evidence 
                        that the respondent poses a significant danger 
                        of causing personal injury to himself or 
                        herself or others by having in his or her 
                        custody or control, or by purchasing, 
                        possessing, or receiving, a firearm or 
                        ammunition, the court shall extend the extreme 
                        risk protection order for a period the court 
                        determines is appropriate, which may not exceed 
                        12 months.
            ``(5) Authority to submit petition.--For purposes of this 
        subsection, a qualifying State or Tribal law shall be 
        considered to have met the minimum requirement described in 
        paragraph (1)(A) if, under the qualifying State or Tribal law, 
        only a law enforcement officer is authorized to submit a 
        petition for an extreme risk protection order.
    ``(c) Minimum Requirements for Surrender of Firearms and 
Ammunition.--A qualifying State or Tribal law shall have in effect the 
following minimum requirements for the surrender of firearms and 
ammunition:
            ``(1) Surrender of firearms and ammunition.--Upon issuance 
        of a temporary ex parte extreme risk protection order or 
        extreme risk protection order as described in subsection (b), a 
        respondent shall surrender all firearms and ammunition in the 
        custody or control of the respondent to the appropriate local 
        law enforcement agency, as determined by the State or Indian 
        Tribe.
            ``(2) Receipt for surrendered firearms and ammunition.--The 
        local law enforcement agency that takes custody of any firearms 
        or ammunition surrendered under paragraph (1) shall--
                    ``(A) issue to the respondent a receipt identifying 
                all firearms and ammunition that have been surrendered; 
                and
                    ``(B) not later than 72 hours after taking custody 
                of the firearms and ammunition, file a copy of such 
                receipt with the court.
            ``(3) Issuance of warrant.--If a court receives sworn 
        testimony from an individual alleging that not all firearms 
        required to be surrendered by a respondent under a temporary ex 
        parte extreme risk protection order or extreme risk protection 
        order have been surrendered, the court shall issue a warrant 
        for the seizure of the remaining firearms or ammunition if the 
        court determines that probable cause exists to believe the 
        respondent has failed to surrender any firearms or ammunition.
    ``(d) Other Requirements.--A qualifying State or Tribal law shall--
            ``(1) make clear accommodations for the case in which an 
        individual other than the respondent claims title to any 
        firearms or ammunition required to be surrendered under a 
        temporary ex parte extreme risk protection order or extreme 
        risk protection order;
            ``(2) have clear instruction about the immediate return of 
        firearms to a respondent upon the expiration of a temporary ex 
        parte extreme risk protection order or extreme risk protection 
        order;
            ``(3) provide clear instructions for the reporting of a 
        temporary ex parte extreme risk protection order or extreme 
        risk protection order to the appropriate Federal, State, and 
        Tribal databases;
            ``(4) establish a felony criminal offense for knowingly 
        making a false statement under oath in a hearing relating to a 
        temporary ex parte extreme risk protection order or extreme 
        risk protection order regarding any material matter;
            ``(5) establish a felony criminal offense for an individual 
        to receive or possess a firearm or ammunition with knowledge 
        that the individual is subject to a temporary ex parte extreme 
        risk protection order or extreme risk protection order;
            ``(6) a clear statement that use of the authority in the 
        qualifying State or Tribal law does not affect the ability of a 
        law enforcement officer to use any other lawful authority to 
        effect the surrender of a firearm, ammunition, or concealed 
        carry permit; and
            ``(7) clear direction for State or Tribal courts to 
        implement the procedures described in this section.
    ``(e) Additional Authority.--A qualifying State or Tribal law may 
provide for--
            ``(1) notice and hearing requirements in addition to the 
        requirements described in this section;
            ``(2) a timely background check under Federal and State law 
        before a law enforcement agency returns any surrendered 
        firearms and ammunition to a respondent after the expiration of 
        a temporary ex parte extreme risk protection order or extreme 
        risk protection order;
            ``(3) a requirement that family or household members of a 
        respondent be notified before a law enforcement agency returns 
        any surrendered firearms and ammunition to the respondent; and
            ``(4) an option for a respondent to elect to transfer all 
        firearms and ammunition owned by the respondent that have been 
        ordered to be surrendered or seized to another individual who 
        is willing to receive them, if the individual--
                    ``(A) is eligible at the time of transfer to own or 
                possess such firearms and ammunition under Federal and 
                State law, and a background check is conducted;
                    ``(B) attests that the individual will store the 
                firearms or ammunition in a manner so that the 
                respondent does not have access; and
                    ``(C) attests that the individual will not transfer 
                the firearms or ammunition back to the respondent until 
                after the date on which the order expires or is 
                vacated.
    ``(f) Limitations.--A qualifying State or Tribal law may not--
            ``(1) at any point require or allow for the surrender of 
        any firearm or ammunition without the issuance of a court 
        order;
            ``(2) provide for the issuance of a temporary ex parte 
        extreme risk protection order or extreme risk protection order 
        without sworn affidavits or testimony;
            ``(3) establish criminal penalties for false allegations or 
        false testimony in connection with a temporary ex parte extreme 
        risk protection order or extreme risk protection order that are 
        less than a felony under State or Tribal law;
            ``(4) allow for witness testimony in connection with a 
        temporary ex parte extreme risk protection order or extreme 
        risk protection order that is not sworn or under oath;
            ``(5) prohibit or otherwise discourage the respondent from 
        consulting or retaining an attorney;
            ``(6) allow a law enforcement officer or other custodian of 
        a firearm or any ammunition surrendered pursuant to a court 
        order under the qualifying State or Tribal law to destroy, 
        disable, sell, assert ownership over, dispose of, use or 
        otherwise employ, harm, or dispense with the firearm or 
        ammunition; or
            ``(7) allow for the ordering of a sequential series of ex 
        parte extreme risk protection orders against a respondent based 
        on the same evidence used to order the initial ex parte extreme 
        risk protection order against the respondent.
    ``(g) Rule of Construction.--Nothing in subsection (f)(1) shall be 
construed to limit or have an effect on any Federal, State, or Tribal 
law other than a qualifying State or Tribal law.

``SEC. 3053. VIOLENCE PREVENTION GRANT PROGRAM.

    ``(a) In General.--The Assistant Attorney General shall make grants 
to an eligible State or Indian Tribe to assist the State or Indian 
Tribe in carrying out the provisions of a qualifying State or Tribal 
law.
    ``(b) Eligible State or Indian Tribe.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        State or Indian Tribe shall be eligible to receive grants under 
        this section on and after the date on which the Attorney 
        General determines that a law enacted by the State or Indian 
        Tribe is a qualifying State or Tribal law.
            ``(2) First year eligibility exception.--
                    ``(A) In general.--A covered State or Indian Tribe 
                shall be eligible to receive a grant under this section 
                during the 1-year period beginning on the date of 
                enactment of this part.
                    ``(B) Covered state or indian tribe.--In this 
                paragraph, the term `covered State or Indian Tribe' 
                means a State or Indian Tribe that, before the date of 
                enactment of this part, enacted legislation that--
                            ``(i) authorizes the issuance of a gun 
                        violence restraining order or extreme risk 
                        protection order similar to a violence 
                        prevention order described in this part; and
                            ``(ii) requires a standard of proof for the 
                        issuance of a gun violence restraining order or 
                        extreme risk protection order described in 
                        clause (i) that is substantially similar to the 
                        standard of proof required under this part.
    ``(c) Use of Funds.--Funds awarded under this section may be used 
by a State or Indian Tribe to assist law enforcement agencies or the 
courts of the State or Indian Tribe in carrying out the provisions of 
the qualifying State or Tribal law.
    ``(d) Application.--An eligible State or Indian Tribe desiring a 
grant under this section shall submit to the Assistant Attorney General 
an application at such time, in such manner, and containing or 
accompanied by such information, as the Assistant Attorney General may 
reasonably require.
    ``(e) Incentives.--For each of fiscal years 2021 through 2025, the 
Attorney General shall give affirmative preference to all Bureau of 
Justice Assistance discretionary grant applications of a State or 
Indian Tribe that has enacted a qualifying State or Tribal law.

``SEC. 3054. FULL FAITH AND CREDIT.

    ``Any violence prevention order issued under a State or Tribal law 
enacted in accordance with this part shall have the same full faith and 
credit in every court within the United States as the order has by law 
or usage in the courts of such State or Indian Tribe from which the 
order is issued.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10261(a)) is amended by adding at the end the following:
    ``(29) There are authorized to be appropriated to carry out part OO 
$20,000,000 for each of fiscal years 2021 through 2025.''.

SEC. 4. 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 period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) 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 and 
                purchasing a firearm; and
                    ``(C) includes a finding that such person poses a 
                significant danger of causing personal injury to 
                himself or herself or other persons.''; 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) 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 and 
                purchasing a firearm; and
                    ``(C) includes a finding that such person poses a 
                significant danger of causing personal injury to 
                himself or herself or other persons,''.

SEC. 5. SEVERABILITY; RULES OF CONSTRUCTION.

    (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) Rules of Construction.--Nothing in this Act, or an amendment 
made by this Act, shall be construed to--
            (1) limit the ability of a State or Indian Tribe to enact 
        legislation with additional due process protections, additional 
        rights for a respondent or subject of an extreme risk 
        protection order, or higher standards of proof; or
            (2) supersede or contradict any State or Tribal law enacted 
        before or after the date of enactment of this Act relating to 
        the removal of firearms from individuals determined to be a 
        danger to themselves or others.
                                 <all>