[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