H.R. 7599

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7599 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7599

To authorize the issuance of extreme risk protection orders.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 17, 2026

Mrs. McBath (for herself, Mr. Moskowitz, Mr. Carbajal, Ms. Sewell, Ms. 
Ansari, Mr. Stanton, Mr. Thompson of California, Ms. Matsui, Mr. 
Garamendi, Mr. DeSaulnier, Ms. Simon, Mr. Swalwell, Mr. Mullin, Ms. 
Brownley, Ms. Chu, Mrs. Torres of California, Mr. Garcia of California, 
Mr. Min, Mr. Peters, Mr. Vargas, Ms. DeGette, Mr. Neguse, Mr. Crow, Ms. 
Pettersen, Mr. Courtney, Mrs. Hayes, Ms. Norton, Mr. Frost, Ms. Castor 
of Florida, Mrs. Cherfilus-McCormick, Mr. Johnson of Georgia, Ms. 
Williams of Georgia, Ms. Tokuda, Ms. Kelly of Illinois, Mrs. Ramirez, 
Mr. Garcia of Illinois, Mr. Quigley, Mr. Casten, Mr. Davis of Illinois, 
Mr. Krishnamoorthi, Ms. Schakowsky, Mr. Schneider, Mr. Foster, Ms. 
Underwood, Mr. Mrvan, Mr. Carson, Mr. McGarvey, Mrs. Trahan, Mr. 
Auchincloss, Mr. Moulton, Mr. Lynch, Mrs. McClain Delaney, Ms. Pingree, 
Ms. Scholten, Mrs. Dingell, Ms. McCollum, Ms. Omar, Mr. Cleaver, Mrs. 
Foushee, Mr. Menendez, Ms. Titus, Ms. Meng, Mr. Goldman of New York, 
Mr. Nadler, Mr. Torres of New York, Mr. Latimer, Mr. Tonko, Mr. Kennedy 
of New York, Mrs. Beatty, Ms. Brown, Mrs. Sykes, Ms. Bonamici, Ms. 
Salinas, Mr. Evans of Pennsylvania, Ms. Scanlon, Mr. Deluzio, Mr. Amo, 
Mr. Magaziner, Mrs. Fletcher, Mr. Castro of Texas, Ms. Garcia of Texas, 
Ms. McClellan, Mr. Beyer, Mr. Subramanyam, Mr. Walkinshaw, Ms. Balint, 
Ms. DelBene, Ms. Jayapal, Ms. Schrier, Mr. Smith of Washington, Ms. 
Strickland, Mr. Pocan, Ms. Moore of Wisconsin, Mr. Correa, Mr. Larson 
of Connecticut, Ms. DeLauro, Mr. Himes, Mr. Soto, Ms. Lois Frankel of 
Florida, Ms. Wilson of Florida, Ms. Morrison, Mr. Bell, Mr. Ryan, Ms. 
Dean of Pennsylvania, Mr. Boyle of Pennsylvania, and Mr. Mfume) 
introduced the following bill; which was referred to the Committee on 
the Judiciary

_______________________________________________________________________

A BILL

To authorize the issuance of extreme risk protection orders.

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 ``Federal Extreme Risk Protection 
Order Act of 2026''.

SEC. 2. FEDERAL EXTREME RISK PROTECTION ORDERS.

(a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 935. Extreme risk protection orders
``(a) Definitions.--In this section--
``(1) the term `court' means a district court of the United 
States;
``(2) the term `designated law enforcement officer' means a 
law enforcement officer, designated by a United States marshal, 
who agrees to receive firearms, ammunition, and permits, as 
applicable, surrendered under subsection (f);
``(3) the term `Director' means the Director of the 
Administrative Office of the United States Courts;
``(4) the term `ex parte Federal extreme risk protection 
order' or `ex parte Federal order' means a Federal extreme risk 
protection order issued under subsection (c);
``(5) the term `Federal extreme risk protection order' 
means an order issued by a Federal court that enjoins an 
individual from purchasing, possessing, or receiving, in or 
affecting interstate and foreign commerce, a firearm or 
ammunition;
``(6) the term `family or household member', with respect 
to a Federal order respondent, means any--
``(A) parent, spouse, sibling, or child related by 
blood, marriage, or adoption to the respondent;
``(B) dating partner 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) domestic partner of the respondent;
``(F) individual who has a 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;
``(7) the term `Federal order petitioner' means an 
individual authorized to petition for an ex parte or long-term 
Federal extreme risk protection order under subsection (b)(1);
``(8) the term `Federal order respondent' means an 
individual named in the petition for an ex parte or long-term 
Federal extreme risk protection order or subject to an ex parte 
or long-term Federal extreme risk protection order;
``(9) the term `long-term Federal extreme risk protection 
order' or `long-term Federal order' means a Federal extreme 
risk protection order issued under subsection (d);
``(10) the term `mental health agency' means an agency of a 
State, Tribal, or local government or its contracted agency 
that is responsible for mental health services or co-occurring 
mental health and substance abuse services; and
``(11) the term `national instant criminal background check 
system' means the national instant criminal background check 
system established under section 103 of the Brady Handgun 
Violence Prevention Act (34 U.S.C. 40901).
``(b) Petition.--
``(1) In general.--A family or household member of the 
applicable individual, or a law enforcement officer, may submit 
to an appropriate district court of the United States a 
petition requesting that the court issue an ex parte Federal 
extreme risk protection order or long-term Federal extreme risk 
protection order with respect to an individual.
``(2) No fees.--A court or law enforcement agency may not 
charge a petitioner or respondent any fee for--
``(A) filing, issuing, serving, or reporting an 
extreme risk protection order;
``(B) a petition for an extreme risk protection 
order or any pleading, subpoena, warrant, or motion in 
connection with an extreme risk protection order; or
``(C) any order or order to show cause necessary to 
obtain or give effect to this section.
``(3) Confidentiality.--A Federal order petitioner who is a 
law enforcement officer may provide the identity of the 
petitioner's sources, and any identifying information, to the 
court under seal.
``(c) Ex Parte Orders.--
``(1) Timing.--
``(A) In general.--Except as provided in 
subparagraph (B), a court that receives a petition for 
an ex parte Federal order under subsection (b) shall 
grant or deny the petition on the date on which the 
petition is submitted.
``(B) Late petitions.--If a court receives a 
petition for an ex parte Federal order submitted under 
subsection (b) too late in the day to permit effective 
review, the court shall grant or deny the petition on 
the next day of judicial business at a time early 
enough to permit the court to file an order with the 
clerk of the court during that day.
``(2) Evidence required.--Before issuing an ex parte 
Federal order, a court shall require that the petitioner for 
such order submit a signed affidavit, sworn to before the 
court, that--
``(A) explains why such petitioner believes that 
the Federal order respondent poses a risk of imminent 
personal injury to self or another individual, by 
purchasing, possessing, or receiving a firearm or 
ammunition; and
``(B) describes the interactions and conversations 
of the petitioner with--
``(i) the respondent; or
``(ii) another individual, if such 
petitioner believes that information obtained 
from that individual is credible and reliable.
``(3) Standard for issuance of order.--A court may issue an 
ex parte Federal order only upon a finding of probable cause to 
believe that--
``(A) the Federal order respondent poses a risk of 
imminent personal injury to self or another individual, 
by purchasing, possessing, or receiving a firearm or 
ammunition; and
``(B) the order is necessary to prevent the injury 
described in subparagraph (A).
``(4) Duration.--An ex parte Federal order shall expire on 
the earlier of--
``(A) the date that is 14 days after the date of 
issuance; or
``(B) the date on which the court determines 
whether to issue a long-term Federal order with respect 
to the respondent.
``(d) Long-Term Federal Orders.--
``(1) Hearing required.--If a court receives a petition for 
a long-term Federal extreme risk protection order for a 
respondent under subsection (b), the court shall hold a hearing 
to determine whether to issue a long-term Federal order with 
respect to the respondent either--
``(A)(i) if the court issues an ex parte order with 
respect to the respondent, not later than 72 hours 
after the ex parte order is served on the respondent; 
or
``(ii) if the respondent waives the right to a 
hearing within the 72-hour period under clause (i), or 
the court does not issue an ex parte order, within 14 
days after the date on which the court receives the 
petition; or
``(B) in no event later than 14 days after the date 
on which the court receives the petition.
``(2) Notice and opportunity to be heard.--
``(A) In general.--The court shall provide the 
Federal order respondent with notice and the 
opportunity to be heard at a hearing under this 
subsection, sufficient to protect the due process 
rights of the respondent.
``(B) Right to counsel.--
``(i) In general.--At a hearing under this 
subsection, the Federal order respondent may be 
represented by counsel who is--
``(I) chosen by the respondent; and
``(II) authorized to practice at 
such a hearing.
``(ii) Court-provided counsel.--If the 
Federal order respondent is financially unable 
to obtain representation by counsel, the court, 
at the request of the respondent, shall ensure, 
to the extent practicable, that the respondent 
is represented by an attorney with respect to 
the petition.
``(3) Burden of proof; standard.--At a hearing under this 
subsection, the Federal order petitioner--
``(A) shall have the burden of proving all material 
facts; and
``(B) shall be required to demonstrate, by clear 
and convincing evidence, that--
``(i) the respondent to such order poses a 
risk of personal injury to self or another 
individual, during the period to be covered by 
the proposed Federal extreme risk protection 
order, by purchasing, possessing, or receiving 
a firearm or ammunition; and
``(ii) the order is necessary to prevent 
the injury described in clause (i).
``(4) Issuance.--Upon a showing of clear and convincing 
evidence under paragraph (3), the court shall issue a long-term 
Federal order with respect to the respondent that shall be in 
effect for a period of not more than 180 days.
``(5) Denial.--If the court finds that there is not clear 
and convincing evidence to support the issuance of a long-term 
Federal order, the court shall dissolve any ex parte Federal 
order then in effect with respect to the respondent.
``(6) Renewal.--
``(A) Notice of scheduled expiration.--Thirty days 
before the date on which a long-term Federal order is 
scheduled to expire, the court that issued the order 
shall--
``(i) notify the petitioner and the 
respondent to such order that the order is 
scheduled to expire; and
``(ii) advise the petitioner and the 
respondent of the procedures for seeking a 
renewal of the order under this paragraph.
``(B) Petition.--If a family or household member of 
the Federal order respondent, or a law enforcement 
officer, believes that the conditions under paragraph 
(3)(B) continue to apply with respect to a respondent 
who is subject to a long-term Federal order, the family 
or household member or law enforcement officer may 
submit to the court that issued the order a petition 
for a renewal of the order.
``(C) Hearing.--A court that receives a petition 
submitted under subparagraph (B) shall hold a hearing 
to determine whether to issue a renewed long-term 
Federal order with respect to the respondent.
``(D) Applicable procedures.--The requirements 
under paragraphs (2) through (5) shall apply to the 
consideration of a petition for a renewed long-term 
Federal order submitted under subparagraph (B) of this 
paragraph.
``(E) Issuance.--Upon a showing by clear and 
convincing evidence that the conditions under paragraph 
(3)(B) continue to apply with respect to the 
respondent, the court shall issue a renewed long-term 
Federal order with respect to the respondent.
``(e) Factors To Consider.--In determining whether to issue a 
Federal extreme risk protection order, a court--
``(1) shall consider factors including--
``(A) a recent threat or act of violence by the 
respondent directed toward another individual;
``(B) a recent threat or act of violence by the 
respondent directed toward self;
``(C) a recent act of cruelty to an animal by the 
respondent; and
``(D) evidence of ongoing abuse of a controlled 
substance or alcohol by the respondent that has led to 
a threat or act of violence directed to self or another 
individual; and
``(2) may consider other factors, including--
``(A) the reckless use, display, or brandishing of 
a firearm by the respondent;
``(B) a history of violence or attempted violence 
by the respondent against another individual; and
``(C) evidence of an explicit or implicit threat 
made by the person through any medium that demonstrate 
that the person poses a risk of personal injury to self 
or another individual.
``(f) Relinquishment of Firearms and Ammunition.--
``(1) Order of surrender.--Upon issuance of an ex parte 
Federal order or long-term Federal order, the court shall order 
the respondent to such order to surrender all firearms and 
ammunition that the respondent possesses or owns, in or 
affecting interstate commerce, as well as any permit 
authorizing the respondent to purchase or possess firearms 
(including a concealed carry permit), to--
``(A) the United States Marshals Service; or
``(B) a designated law enforcement officer.
``(2) Surrender and removal.--
``(A) Manner of service.--
``(i) Personal service.--Except as provided 
in clause (ii), a United States marshal or 
designated law enforcement officer shall serve 
a Federal extreme risk protection order on a 
respondent by handing the order to the 
respondent to such order.
``(ii) Alternative service.--If the 
respondent cannot reasonably be located for 
service as described in clause (i), a Federal 
extreme risk protection order may be served on 
the respondent in any manner authorized under 
the Federal Rules of Civil Procedure.
``(B) Removal.--Except as provided in subparagraph 
(C), a United States marshal or designated law 
enforcement officer serving a Federal extreme risk 
protection order personally on the respondent shall--
``(i) request that all firearms and 
ammunition, in or affecting interstate 
commerce, as well as any permit authorizing the 
respondent to purchase or possess firearms 
(including a concealed carry permit), that the 
respondent possesses or owns--
``(I) be immediately surrendered to 
the United States marshal or designated 
law enforcement officer; or
``(II) at the option of the 
respondent, be immediately surrendered 
and sold to a federally licensed 
firearms dealer; and
``(ii) take possession of all firearms and 
ammunition described in clause (i) that are not 
sold under subclause (II) of that clause, as 
well as any permit described in that clause, 
that are--
``(I) surrendered;
``(II) in plain sight; or
``(III) discovered pursuant to a 
lawful search.
``(C) Alternative surrender.--If a United States 
marshal or designated law enforcement officer is not 
able to personally serve a Federal extreme risk 
protection order under subparagraph (A)(i), or is not 
reasonably able to take custody of the firearms, 
ammunition, and permits under subparagraph (B), the 
respondent shall surrender the firearms, ammunition, 
and permits in a safe manner to the control of a United 
States marshal or designated law enforcement officer 
not later than 48 hours after being served with the 
order.
``(3) Receipt.--
``(A) Issuance.--At the time of surrender or 
removal under paragraph (2), a United States marshal or 
designated law enforcement officer taking possession of 
a firearm, ammunition, or a permit pursuant to a 
Federal extreme risk protection order shall--
``(i) issue a receipt identifying all 
firearms, ammunition, and permits that have 
been surrendered or removed; and
``(ii) provide a copy of the receipt issued 
under clause (i) to the respondent to such 
order.
``(B) Filing.--Not later than 72 hours after 
issuance of a receipt under subparagraph (A), the 
United States marshal who issued the receipt or 
designated another law enforcement officer to do so 
shall--
``(i) file the original receipt issued 
under subparagraph (A) of this paragraph with 
the court that issued the Federal extreme risk 
protection order; and
``(ii) ensure that the United States 
Marshals Service retains a copy of the receipt.
``(C) Designated law enforcement officer.--If a 
designated law enforcement officer issues a receipt 
under subparagraph (A), the officer shall submit the 
original receipt and a copy of the receipt to the 
appropriate United States marshal to enable the United 
States marshal to comply with subparagraph (B).
``(4) Forfeiture.--If a respondent knowingly attempts, in 
violation of a Federal extreme risk protection order, to access 
a firearm, ammunition, or a permit that was surrendered or 
removed under this subsection, the firearm, ammunition, or 
permit shall be subject to seizure and forfeiture under section 
924(d).
``(g) Return of Firearms and Ammunition.--
``(1) Notice.--If a Federal extreme risk protection order 
is dissolved, or expires and is not renewed, the court that 
issued the order shall order the United States Marshals Service 
to--
``(A) confirm, through the national instant 
criminal background check system and any other relevant 
law enforcement databases, that the respondent to such 
order may lawfully own and possess firearms and 
ammunition; and
``(B)(i) if the respondent may lawfully own and 
possess firearms and ammunition, notify the respondent 
that the respondent may retrieve each firearm, 
ammunition, or permit surrendered by or removed from 
the respondent under subsection (f); or
``(ii) if the respondent may not lawfully own or 
possess firearms and ammunition, notify the respondent 
that each firearm, ammunition, or permit surrendered by 
or removed from the respondent under subsection (f) 
will be returned only when the respondent demonstrates 
to the United States Marshals Service that the 
respondent may lawfully own and possess firearms and 
ammunition.
``(2) Return.--If a Federal extreme risk protection order 
is dissolved, or expires and is not renewed, and the United 
States Marshals Service confirms under paragraph (1)(A) that 
the respondent may lawfully own and possess firearms and 
ammunition, the court that issued the order shall order the 
entity that possesses each firearm, ammunition, or permit 
surrendered by or removed from the respondent under subsection 
(f) to return those items to the respondent.
``(h) Return of Firearms and Ammunition Improperly Received.--If a 
court, in a hearing under subsection (d), determines that a firearm or 
ammunition surrendered by or removed from a respondent under subsection 
(f) is owned by an individual other than the respondent, the court may 
order the United States marshal or designated law enforcement officer 
in possession of the firearm or ammunition to transfer the firearm or 
ammunition to that individual if--
``(1) the individual may lawfully own and possess firearms 
and ammunition; and
``(2) the individual will not provide the respondent with 
access to the firearm or ammunition.
``(i) Penalty for False Reporting or Frivolous Petitions.--An 
individual who knowingly submits materially false information to the 
court in a petition for a Federal extreme risk protection order under 
this section, or who knowingly files such a petition that is frivolous, 
unreasonable, or without foundation, shall be fined not more than 
$5,000, or imprisoned not more than 5 years, or both, except to the 
extent that a greater sentence is otherwise provided by any other 
provision of law, as the court deems necessary to deter such abuse of 
process.
``(j) Model Policy.--
``(1) In general.--The Director shall draft a model policy 
to maximize the accessibility of Federal extreme risk 
protection orders.
``(2) Contents.--In drafting the model policy under 
paragraph (1), the Director shall--
``(A) ensure that State, Tribal, and local law 
enforcement officers and members of the public without 
legal training are able to easily file petitions for 
Federal extreme risk protection orders;
``(B) prescribe outreach efforts by employees of 
the district courts of the United States to familiarize 
relevant law enforcement officers and the public with 
the procedures for filing petitions, either--
``(i) through direct outreach; or
``(ii) in coordination with--
``(I) relevant officials in the 
executive or legislative branch of the 
Federal Government; or
``(II) with relevant State, Tribal, 
and local officials;
``(C) prescribe policies for allowing the filing of 
petitions and prompt adjudication of petitions on 
weekends and outside of normal court hours;
``(D) prescribe policies for coordinating with law 
enforcement agencies to ensure the safe, timely, and 
effective service of Federal extreme risk protection 
orders and relinquishment of firearms, ammunition, and 
permits, as applicable; and
``(E) identify governmental and non-governmental 
resources and partners to help officials of the 
district courts of the United States coordinate with 
civil society organizations to ensure the safe and 
effective implementation of this section.
``(k) Reporting.--
``(1) Individual reports.--
``(A) In general.--Not later than 2 court days 
after the date on which a court issues or dissolves a 
Federal extreme risk protection order under this 
section or a Federal extreme risk protection order 
expires without being renewed, the court shall notify--
``(i) the Attorney General;
``(ii) each relevant mental health agency 
in the State in which the order is issued; and
``(iii) State and local law enforcement 
officials in the jurisdiction in which the 
order is issued, including the national instant 
criminal background check system single point 
of contact for the State of residence of the 
respondent, where applicable.
``(B) Format.--A court shall submit a notice under 
subparagraph (A) in an electronic format, in a manner 
prescribed by the Attorney General.
``(C) Update of databases.--As soon as practicable 
and not later than 5 days after receiving a notice 
under subparagraph (A), the Attorney General shall 
update the background check databases of the Attorney 
General to reflect the prohibitions articulated in the 
applicable Federal extreme risk protection order.
``(2) Annual report.--Not later than 1 year after the date 
of enactment of the Federal Extreme Risk Protection Order Act 
of 2026, and annually thereafter, the Director shall submit to 
the Committee on the Judiciary of the Senate and the Committee 
on the Judiciary of the House of Representatives a report that 
includes, with respect to the preceding year--
``(A) the number of petitions for ex parte Federal 
orders filed, as well as the number of such orders 
issued and the number denied, disaggregated by--
``(i) the jurisdiction;
``(ii) whether the individual authorized 
under subsection (b) to petition for a Federal 
extreme risk protection order is a law 
enforcement officer, or a family or household 
member, and in the case of a family or 
household member, which of subparagraphs (A) 
through (G) of subsection (a)(6) describes the 
relationship; and
``(iii) the alleged danger posed by the 
Federal order respondent, including whether the 
danger involved a risk of suicide, 
unintentional injury, domestic violence, or 
other interpersonal violence;
``(B) the number of petitions for long-term Federal 
orders filed, as well as the number of such orders 
issued and the number denied, disaggregated by--
``(i) the jurisdiction;
``(ii) whether the individual authorized 
under subsection (b) to petition for a Federal 
extreme risk protection order is a law 
enforcement officer, or a family or household 
member, and in the case of a family or 
household member, which of subparagraphs (A) 
through (G) of subsection (a)(6) describes the 
relationship; and
``(iii) the alleged danger posed by the 
Federal order 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 long-
term Federal orders filed, as well as the number of 
such orders issued and the number denied;
``(D) the number of cases in which a court has 
issued a penalty for false reporting or frivolous 
petitions;
``(E) demographic data of Federal order 
petitioners, including race, ethnicity, national 
origin, sex, gender, age, disability, average annual 
income, and English language proficiency, if available;
``(F) demographic data of Federal order 
respondents, including race, ethnicity, national 
origin, sex, gender, age, disability, average annual 
income, and English language proficiency, if available; 
and
``(G) the total number of firearms removed pursuant 
to Federal extreme risk protection orders, and, if 
available, the number of firearms removed pursuant to 
each such order.
``(l) Training for Federal Law Enforcement Officers.--
``(1) Training requirements.--The head of each Federal law 
enforcement agency shall require each Federal law enforcement 
officer employed by the agency to complete training in the 
safe, impartial, effective, and equitable use and 
administration of Federal extreme risk protection orders, 
including training to address--
``(A) 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 Federal extreme risk protection orders;
``(B) the appropriate use of Federal 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 Federal extreme risk protection 
orders and the necessity of safety planning with the 
victim before law enforcement petitions for and 
executes a Federal extreme risk protection order, if 
applicable;
``(C) interacting with persons with mental, 
behavioral, or physical disabilities, or emotional 
distress, including de-escalation techniques and crisis 
intervention;
``(D) techniques for outreach to historically 
marginalized cultural communities and the development 
of linguistic proficiencies for law enforcement;
``(E) community relations; and
``(F) best practices for referring persons subject 
to Federal 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.
``(2) Training development.--Federal law enforcement 
agencies developing law enforcement training required under 
this section 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)) providers), 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.
``(m) Rule of Construction.--Nothing in this section shall be 
construed to alter the requirements of subsection (d)(8) or (g)(8) of 
section 922, related to domestic violence protective orders.
``(n) Preemption.--Nothing in this section may be construed to 
preempt any State law or policy.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter 
44 of title 18, United States Code, is amended by adding at the 
end the following:

``935. Extreme risk protection orders.''.
(2) Forfeiture.--Section 924(d)(3) of title 18, United 
States Code, is amended--
(A) in subparagraph (F), by striking ``and'' at the 
end;
(B) in subparagraph (G), by striking the period at 
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(H) any attempt to violate a Federal extreme risk 
protection order issued under section 935.''.

SEC. 3. FEDERAL FIREARMS PROHIBITION.

Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (10), by striking ``or'' at the 
end;
(B) in paragraph (11), by striking the period at 
the end and inserting ``; or''; and
(C) by inserting after paragraph (11) the 
following:
``(12) is subject to a court order--
``(A) issued under section 935; or
``(B) that is an extreme risk protection order (as 
defined in section 4(a) of the Federal Extreme Risk 
Protection Order Act of 2026).''; 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--
``(A) issued under section 935; or
``(B) that is an extreme risk protection order (as 
defined in section 4(a) of the Federal Extreme Risk 
Protection Order Act of 2026),''.

SEC. 4. 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 shall--
(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 a grant under 
subsection (b) 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 shall--
(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 a grant under 
this section 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 a Federal, 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) 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 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 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 mental, 
behavioral, or physical disabilities, or 
emotional distress, including de-escalation 
techniques and crisis intervention;
(iv) techniques for outreach to 
historically marginalized cultural communities 
and the development of linguistic proficiencies 
for law enforcement;
(v) community relations; and
(vi) 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)) providers), 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) Incentives.--For each of fiscal years 2026 through 
2030, the Attorney General shall give affirmative preference in 
awarding any discretionary grant awarded by the Office of 
Community Oriented Policing Services to a State or Indian Tribe 
that has enacted legislation described in subsection (c) or to 
a unit of local government or other public or private entity 
located in such a State or in the territory under the 
jurisdiction of such an Indian Tribe.
(6) Authorization of appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.
(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) 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--
(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 an application for an extreme risk protection order 
as described in subparagraph (A) shall be given written 
notice of the application 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 an 
application described in subparagraph 
(A) or request of an individual named 
in such an application, the court shall 
order a hearing to be held within a 
reasonable time, and not later than 30 
days after the date of the application 
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 an 
application described in subparagraph (A), the 
court may issue an ex parte extreme risk 
protection order, if--
(I) the application 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 
reasonable 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.--As soon as 
practicable or within the time period 
designated by State or Tribal law after 
receiving a notification under clause (i), the 
Attorney General or 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 an 
application described in paragraph (1), provided that, 
at a minimum, 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) 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, average annual income, and English language 
proficiency, if available;
(F) demographic data of respondents, including 
race, ethnicity, national origin, sex, gender, age, 
disability, average annual income, and English language 
proficiency, if available; and
(G) the total number of firearms removed pursuant 
to extreme risk protection orders, and, if available, 
the number of firearms removed pursuant to each such 
order.

SEC. 5. IDENTIFICATION RECORDS.

Section 534 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the 
end;
(B) by redesignating paragraph (5) as paragraph 
(6); and
(C) by inserting after paragraph (4) the following:
``(5)(A) subject to subparagraph (B), 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 4(a) of 
the Federal Extreme Risk Protection Order Act of 2026; and
``(B) destroy each record acquired or collected under 
subparagraph (A) when the applicable extreme risk protection 
order expires or is terminated or dissolved; and'';
(2) in subsection (b), by striking ``(a)(5)'' and inserting 
``(a)(6)''; 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 4 of the Federal Extreme Risk Protection Order Act of 
2026, and Federal extreme risk protection orders, as defined in 
section 935 of title 18, 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 and Federal extreme risk protection orders 
through the national crime information databases.''.

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 4(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 Protection Orders.--
(1) In general.--Subsection (b) shall apply to a 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 protection orders.--For purposes of paragraph 
(1)(B), in the case of an ex parte 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 a 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. 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. 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.

SEC. 9. 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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