H.R. 4252

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4252 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 4252

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

June 30, 2025

Mr. Carbajal (for himself, Ms. Brownley, and Mr. Beyer) 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 
Expansion Act of 2025''.

SEC. 2. EXTREME RISK PROTECTION ORDER GRANT PROGRAM.

(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' 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 
described in clause (i) complies with the 
requirements under subsection (c)(1); and
(iii) that certifies to the Attorney 
General that the State or Indian Tribe will, 
with respect to a grant received under 
subsection (b)--
(I) use the grant for the purposes 
described in subsection (b)(2); and
(II) allocate not less than 25 
percent and not more than 70 percent of 
the amount received under the grant for 
the development and dissemination of 
training for law enforcement officers 
in accordance 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 
territory under the jurisdiction of an Indian 
Tribe that meets the requirements described in 
clauses (i) and (ii) of subparagraph (A); and
(ii) certifies to the Attorney General that 
the unit of local government or entity will, 
with respect to a grant received under 
subsection (b)--
(I) use the grant for the purposes 
described in subsection (b)(2); and
(II) allocate not less than 25 
percent and not more than 70 percent of 
the amount received under the grant 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 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 
1 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 
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 an agency of the Federal Government 
or of a State, local, or Tribal government 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) Respondent.--The term ``respondent'' means an 
individual named in the petition for an extreme 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 Attorney General shall establish a 
program under which, from amounts made available to carry out 
this section, the Attorney General may make grants to eligible 
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 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 enacted legislation 
described in subsection (c);
(B) train judges, court personnel, health care and 
legal professionals, 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;
(C) 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 enacted legislation described in subsection (c) in 
a safe, equitable, and effective manner, including 
through the removal and storage of firearms pursuant to 
extreme risk protection orders under the enacted 
legislation; and
(D) raise public awareness and understanding of the 
enacted legislation described in subsection (c), 
including through subgrants to community-based 
organizations for the training of community members, so 
that extreme risk protection orders may be issued in 
appropriate situations to reduce the risk of firearms-
related death and injury.
(3) Application.--An eligible entity desiring a grant under 
this subsection 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.
(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, effective, and equitable use and 
administration of extreme risk protection orders, 
including training to address--
(i) bias based on race and racism, 
ethnicity, 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 
necessity 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 a 
mental illness or emotional distress, including 
de-escalation and crisis intervention; and
(iv) best practices for referring persons 
subject to extreme risk protection orders and 
associated victims of violence to social 
service providers that may be available in the 
jurisdiction and appropriate for those 
individuals, including health care, mental 
health, substance abuse, and legal services, 
employment and vocational services, 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)) organizations), social service 
providers, suicide prevention advocates, violence 
intervention specialists, law enforcement agencies, 
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 entity.
(5) Authorization of appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
subsection.
(c) Eligibility for Extreme Risk Protection Order Grant Program.--
(1) Requirements.--Legislation described in this subsection 
is legislation that establishes requirements that are 
substantially similar to the following:
(A) Petition for extreme risk protection order.--A 
petitioner, including a law enforcement officer, may 
submit a petition to a State or Tribal court, on a form 
designed by the court or a State or Tribal agency, 
that--
(i) describes the facts and circumstances 
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 individual named 
in a petition for an extreme risk protection order as 
described in subparagraph (A) shall be given written 
notice of the petition and an opportunity to be heard 
on the matter in accordance with this paragraph.
(C) Issuance of extreme risk protection orders.--
(i) Hearing.--
(I) In general.--Upon receipt of a 
petition described in subparagraph (A) 
or request of an individual named in 
such a petition, the court shall order 
a hearing to be held within a 
reasonable time, and not later than 30 
days after the date of the petition or 
request.
(II) Determination.--If the court 
finds at the hearing ordered under 
subclause (I), by a preponderance of 
the evidence or according to a higher 
evidentiary standard established by the 
State or Indian Tribe, that the 
respondent poses a danger of causing 
harm to self or others by having 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 protection 
order is issued; or
(II) for a set period of time.
(D) Ex parte extreme risk protection orders.--
(i) In general.--Upon receipt of a petition 
described in subparagraph (A), the court may 
issue an ex parte extreme risk protection 
order, if--
(I) the petition for an extreme 
risk protection order alleges that the 
respondent poses a danger of causing 
harm to self or others by having access 
to a firearm; and
(II) the court finds there is 
probable cause to believe, or makes a 
finding according to a higher 
evidentiary standard established by the 
State or Indian Tribe, that the 
respondent poses a danger of causing 
harm to self or others by having access 
to a firearm.
(ii) Duration of ex parte extreme risk 
protection order.--An ex parte extreme risk 
protection order shall remain in effect only 
until the hearing required 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 possess firearms.
(ii) Consent required for disposal or 
destruction.--Firearms owned by a named 
individual may not be disposed of or destroyed 
during the period of the extreme risk 
protection order without 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 
prescribed by the Attorney General or 
the comparable State or Tribal agency.
(ii) Update of databases by state or tribal 
agency.--As soon as practicable or within the 
time period designated by State or Tribal law 
after receiving a notification under clause 
(i), the comparable 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 described 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 paragraph (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 a petition 
described in paragraph (1), provided that, at a 
minimum, 1 or more law enforcement officers are 
authorized to do so; and
(E) include any other authorizations or 
requirements that the State or Tribal authorities 
determine appropriate.
(3) Attorney general responsibilities.--
(A) Manner of submitting notification to attorney 
general.--The Attorney General shall prescribe the 
manner in which a State or Tribal court shall submit a 
notification to the Attorney General under a provision 
of State or Tribal law that is substantially similar to 
paragraph (1)(F)(i).
(B) Update of databases.--As soon as practicable, 
and in any event not later than 30 days, after 
receiving a notification under a provision of State or 
Tribal law that is substantially similar to paragraph 
(1)(F)(i), the Attorney General shall ensure that the 
extreme risk protection order is reflected in the 
National Instant Criminal Background Check System.
(4) 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 
includes, 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 number denied, disaggregated 
by--
(i) the jurisdiction;
(ii) the individual authorized under State 
or Tribal law to petition for an extreme risk 
protection order, including the relationship of 
the individual to the respondent; and
(iii) the alleged danger posed by the 
respondent, including whether the danger 
involved a risk of suicide, unintentional 
injury, domestic violence, or other 
interpersonal violence;
(B) the number of petitions for extreme risk 
protection orders filed, as well as the number of such 
orders issued and the number denied, disaggregated by--
(i) the jurisdiction;
(ii) the individual authorized under State 
or Tribal law to petition for an extreme risk 
protection order, including the relationship of 
the individual to the respondent; and
(iii) the alleged danger posed by the 
respondent, including whether the danger 
involved a risk of suicide, unintentional 
injury, domestic violence, or other 
interpersonal 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 number denied;
(D) the number of cases in which a court imposed a 
penalty for false reporting or frivolous petitions;
(E) demographic data of petitioners, including 
race, ethnicity, national origin, sex, gender, age, 
disability, and English language proficiency, if 
available;
(F) demographic data of respondents, including 
race, ethnicity, national origin, sex, gender, age, 
disability, and English language proficiency, if 
available; and
(G) the number of firearms removed, if available.

SEC. 3. FEDERAL FIREARMS PROHIBITION.

Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (10) and (11) as 
paragraphs (11) and (12), respectively;
(B) 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) prevents such person from possessing or 
receiving firearms; and
``(C) includes a finding that such person poses a 
danger of harm to self or others.''; and
(C) in paragraph (12), as so redesignated, by 
striking ``(10)'' and inserting ``(11)''; 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--
``(A) was issued after a hearing of which such 
person received actual notice, and at which such person 
had an opportunity to participate;
``(B) prevents such person from possessing or 
receiving firearms; and
``(C) includes a finding that such person poses a 
danger of harm to self or others.''.

SEC. 4. IDENTIFICATION RECORDS.

Section 534 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records from 
Federal, Tribal, and State courts and other agencies 
identifying individuals subject to extreme risk protection 
orders, as defined in section 2(a) of the Extreme Risk 
Protection Order Expansion Act of 2025;'';
(2) in subsection (b)--
(A) by striking ``(a)(5)'' and inserting 
``(a)(6)''; and
(B) by striking ``(a)(4)'' and inserting 
``(a)(5)''; and
(3) by adding at the end the following:
``(g) Extreme Risk Protection Orders in National 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 2(a) of the Extreme Risk Protection Order Expansion Act 
of 2025, in national crime information databases, as that term 
is defined in subsection (f)(3) of this section; and
``(2) have access to information regarding extreme risk 
protection orders through the national crime information 
databases.''.

SEC. 5. 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. 6. FULL FAITH AND CREDIT.

(a) Definitions.--In this section, the terms ``extreme risk 
protection order'', ``Indian Tribe'', and ``State'' have the meanings 
given those terms in section 2(a).
(b) Full Faith and Credit Required.--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 (referred to in this subsection as 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 Indian Tribe.
(c) Applicability to Extreme Risk Protection Orders.--
(1) In general.--Subsection (b) shall apply to an extreme 
risk protection order issued by a State or Tribal court if--
(A) the court has jurisdiction over the parties 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 extreme risk protection orders.--For purposes 
of paragraph (1)(B), in the case of an ex parte extreme risk 
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 an extreme risk protection order involving any person, 
including the authority to enforce any order through civil contempt 
proceedings, to exclude violators from Indian land, and to use other 
appropriate mechanisms, in matters arising anywhere in the Indian 
country (as defined in section 1151 of title 18, United States Code) of 
the Indian Tribe or otherwise within the authority of the Indian Tribe.

SEC. 7. SEVERABILITY.

If any provision of this Act or amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance, is held to be invalid, the remaining provisions of this 
Act and amendments made by this Act, or the application of such 
provision or amendment to other persons or circumstances, shall not be 
affected.

SEC. 8. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect on 
the date that is 180 days after the date of enactment of this Act.
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