Title: Extreme Risk Protection Order Act of 2019
Policy area: Crime and Law Enforcement

Summary:
Extreme Risk Protection Order Act of 2019
This bill addresses 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.
First, the bill establishes a grant program to help states and Indian tribes implement extreme risk protection order laws and carry out related activities. Local governments and other entities may also receive grants to carry out certain activities, such as raising public awareness of extreme risk protection order laws. Further, grant recipients must use a specified portion of funds to provide training for law enforcement.
In addition, the bill expands the categories of persons who are prohibited from receiving, possessing, shipping, or transporting a firearm or ammunition to include persons who are subject to an extreme risk protection order.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1236 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1236

    To support State, Tribal, and local efforts to remove access to 
  firearms from individuals who are a danger to themselves or others 
               pursuant to court orders for this purpose.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2019

Mr. Carbajal (for himself, Mr. Fitzpatrick, Mr. Beyer, Mr. Deutch, and 
 Ms. Brownley of California) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To support State, Tribal, and local efforts to remove access to 
  firearms from individuals who are a danger to themselves or others 
               pursuant to court orders for this purpose.

    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 Act of 
2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or Indian Tribe--
                            (i) that enacts legislation described in 
                        section 4;
                            (ii) with respect to which the Attorney 
                        General determines that the legislation 
                        described in clause (i) complies with the 
                        requirements of section 4; and
                            (iii) that certifies to the Attorney 
                        General that the State or Indian Tribe shall--
                                    (I) use the grant for the purposes 
                                described in section 3(b); and
                                    (II) allocate not less than 25 
                                percent of the amount received under a 
                                grant under section 3 for training for 
                                law enforcement; or
                    (B) a unit of local government or other public or 
                private entity that--
                            (i) is located in a State or in the 
                        territory under the jurisdiction of an Indian 
                        Tribe that meets the requirements described in 
                        clauses (i), (ii), (iii) of subparagraph (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 section 3(b); and
                                    (II) allocate not less than 25 
                                percent of the amount received under a 
                                grant under section 3 for training for 
                                law enforcement.
            (2) Extreme risk protection order.--The term ``extreme risk 
        protection order'' means a written order or warrant, issued by 
        a State or Tribal court or signed by a magistrate (or other 
        comparable judicial officer), the primary purpose of which is 
        to reduce the risk of firearm-related death or injury by doing 
        one or more of the following:
                    (A) Prohibiting a named individual from having 
                under the custody or control of the individual, owning, 
                purchasing, possessing, or receiving a firearm.
                    (B) Having a firearm removed or requiring the 
                surrender of firearms from a named individual.
            (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 the 
        Public Safety and Community Policing Act of 1994 (34 U.S.C. 
        10389).
            (5) Law enforcement officer.--The term ``law enforcement 
        officer'' means a public servant authorized by State, local, or 
        Tribal law or by a State, local, or Tribal government agency 
        to--
                    (A) engage in or supervise the prevention, 
                detection, investigation, or prosecution of an offense; 
                or
                    (B) supervise sentenced criminal offenders.
            (6) Petitioner.--The term ``petitioner'' means an 
        individual authorized under State or Tribal law to petition for 
        an extreme risk protection order.
            (7) 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.
            (8) Unit of local government.--The term ``unit of local 
        government'' has the meaning given the term in section 901 of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10251).

SEC. 3. EXTREME RISK PROTECTION GRANT PROGRAM.

    (a) In General.--The Director of the Office of Community Oriented 
Policing Services of the Department of Justice shall establish a 
program under which, from amounts made available to carry out this 
section, the Director may make grants to eligible entities to assist in 
carrying out the provisions of the legislation described in section 4.
    (b) Use of Funds.--Funds awarded under this section may be used by 
an applicant to--
            (1) enhance the capacity of law enforcement agencies and 
        the courts of a State, unit of local government, or Indian 
        Tribe by providing personnel, training, technical assistance, 
        data collection, and other resources to carry out legislation 
        described in section 4;
            (2) train judges, court personnel, and law enforcement 
        officers to more accurately identify individuals whose access 
        to firearms poses a danger of causing harm to themselves or 
        others by increasing the risk of firearms suicide or 
        interpersonal violence;
            (3) develop and implement law enforcement and court 
        protocols, forms, and orders so that law enforcement agencies 
        and the courts may carry out the provisions of the legislation 
        described in section 4 in a safe and effective manner, 
        including through the removal and storage of firearms pursuant 
        to extreme risk protection orders under the legislation; and
            (4) raise public awareness and understanding of the 
        legislation described in section 4 so that extreme risk 
        protection orders may be issued in appropriate situations to 
        reduce the risk of firearms-related death and injury.
    (c) Application.--An eligible entity desiring a grant under this 
section shall submit to the Attorney General an application at such 
time, in such manner, and containing or accompanied by such information 
as the Attorney General may reasonably require.
    (d) Incentives.--For each of fiscal years 2020 through 2024, the 
Attorney General shall give affirmative preference in awarding any 
discretionary grant awarded by the Bureau of Justice Assistance to a 
State or Indian Tribe that has enacted legislation described in section 
4.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 4. NATIONAL EXTREME RISK PROTECTION ORDER LAW.

    (a) Requirements.--Legislation described in this section is 
legislation that establishes requirements that are substantially 
similar to the following:
            (1) Application for extreme risk protection order.--A 
        petitioner, including a law enforcement officer, may submit an 
        application to a State or Tribal court, on a form designed by 
        the court or a State or Tribal agency, that--
                    (A) describes the facts and circumstances 
                justifying that an extreme risk protection order be 
                issued against the named individual; and
                    (B) is signed by the applicant, under oath.
            (2) Notice.--The individual named in an application for an 
        extreme risk protection order as described in paragraph (1) 
        shall be given written notice of the application and an 
        opportunity to be heard on the matter in accordance with this 
        section.
            (3) Issuance of extreme risk protection orders.--
                    (A) Hearing.--
                            (i) In general.--Upon receipt of an 
                        application described in paragraph (1), the 
                        court shall order a hearing to be held not 
                        later than 30 days after the date of such 
                        application.
                            (ii) Determination.--If the court finds by 
                        a preponderance of the evidence that the 
                        respondent poses a danger of causing harm to 
                        himself, herself, or others by having access to 
                        a firearm, the court may issue an extreme risk 
                        protection order.
                    (B) Length of extreme risk protection order.--An 
                extreme risk protection order shall be in effect for a 
                period not to exceed 1 year, unless renewed.
            (4) Ex parte extreme risk protection orders.--
                    (A) In general.--Upon receipt of an application 
                described in paragraph (1), the court may issue an ex 
                parte extreme risk protection order before conducting 
                the hearing required under paragraph (3), if--
                            (i) the application for an extreme risk 
                        protection order alleges that the respondent 
                        poses a danger of causing harm to himself, 
                        herself, or others in the near future by having 
                        access to a firearm; and
                            (ii) the court finds there is reasonable 
                        cause to believe that the respondent poses a 
                        danger of causing harm to himself, herself, or 
                        others in the near future by having access to a 
                        firearm.
                    (B) Length of ex parte extreme risk protection 
                order.--An ex parte extreme risk protection order shall 
                be in effect for a period not to exceed 30 days, unless 
                continued for good cause.
            (5) Storage of removed firearms.--All firearms removed or 
        surrendered pursuant to an extreme risk protection order shall 
        be retained by a law enforcement officer or a law enforcement 
        agency until the named individual regains his or her 
        eligibility to possess firearms, except that the legislation 
        may authorize a law enforcement agency to--
                    (A) contract with a manufacturer, dealer, or 
                importer licensed under chapter 44 of title 18, United 
                States Code, for the secure storage of firearms; and
                    (B) transfer the firearm upon proof that the named 
                individual will no longer have access to the firearm.
            (6) Notification.--
                    (A) In general.--A State or tribal court that 
                issues an extreme risk protection order shall notify 
                the Department of Justice or the comparable State or 
                Tribal agency, as applicable, of the order as soon as 
                practicable. Such notice shall be submitted in an 
                electronic format, in a manner prescribed by the 
                Department of Justice or the comparable State or Tribal 
                agency.
                    (B) Update of databases.--As soon as practicable 
                after receiving a notification under subparagraph (A), 
                the Department of Justice or the comparable State or 
                Tribal agency shall ensure the extreme risk protection 
                order is reflected in the National Instant Criminal 
                Background Check System.
            (7) Confidentiality protections.--All personally 
        identifiable information provided to the court, the Department 
        of Justice, and comparable State or Tribal agencies shall be 
        kept confidential, except as necessary to carry out the 
        legislation.
    (b) Additional Authorities.--Legislation described in this section 
may--
            (1) provide procedures for the termination of an extreme 
        risk protection order;
            (2) provide procedures for the renewal of an extreme risk 
        protection order;
            (3) establish burdens of proof for issuance of orders 
        described in paragraphs (3) and (4) of subsection (a) that are 
        higher than the burdens of proof required under those 
        paragraphs; and
            (4) limit the individuals who may submit an application 
        described in subsection (a)(1), provided that, at a minimum, 
        law enforcement officers are authorized to do so.

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 period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) is subject to a court order that prohibits such 
        person from having under his or her custody or control, owning, 
        purchasing, possessing, or receiving any firearms, or requires 
        the surrender or removal of firearms from the person, provided 
        that the order--
                    ``(A) is issued in a manner consistent with the due 
                process rights of the person; and
                    ``(B) is based on a finding that the person poses a 
                danger of causing harm to himself, herself, or others 
                by having access to a firearm.''; 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 that prohibits such 
        person from having under his or her custody or control, owning, 
        purchasing, possessing, or receiving any firearms, or requires 
        the surrender or removal of firearms from the person, provided 
        that the order--
                    ``(A) is issued in a manner consistent with the due 
                process rights of the person; and
                    ``(B) is based on a finding that the person poses a 
                danger of causing harm to himself, herself, or others 
                by having access to a firearm,''.

SEC. 6. CONFORMING AMENDMENT.

    Section 3(1) of the NICS Improvement Amendments Act of 2007 (34 
U.S.C. 40903(1)) is amended by striking ``section 922(g)(8)'' and 
inserting ``paragraph (8) or (10) of section 922(g)''.

SEC. 7. FULL FAITH AND CREDIT.

    Any extreme 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 (the 
enforcing 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 Tribe.

SEC. 8. 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.
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