[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