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HR-4252House2025-06-30Crime and Law Enforcement

Extreme Risk Protection Order Expansion Act of 2025

YourVoice.Now Summary

Gun LawsCivil LibertiesTransparency & Accountability

Adds federal charges for owning a gun under a court's danger order — and funds state red-flag programs.

Gun Laws

Red-flag orders in background checks — added within 30 days

A state or tribal court would tell the Justice Department about each order it issues. The Attorney General would then have 30 days to make sure it shows up in the background check system.

Red-flag orders enforced across state lines — moving would not end one

A court in another state or tribe would have to treat the order as its own. Police there would enforce it, as long as the person got notice and a chance to be heard.

Federal grants for state red-flag programs — training, forms, and outreach

The Attorney General would run the grants for states, tribes, local governments, and some public or private groups. Only places that pass a qualifying law could take part.

Police training on red-flag orders — at least 25% of each grant

Between 25% and 70% of each grant must go to training police. Required topics include bias by race, gender, or disability, domestic violence cases, and calming people in crisis.

Police may file for red-flag orders — required for grant money

A state law may limit who can file for one of these orders. But it must let at least some police officers file, or the state cannot get grant money.

Protection for guns you surrender — no destroying them without your consent

Guns taken under an order have to be stored, not thrown away. The owner would have to agree before any of them could be destroyed while the order runs.

Tribal courts' power over red-flag orders — reaches anyone on tribal land

A tribal court could issue and enforce these orders for matters arising in its territory. It could use contempt findings or bar someone from tribal land.

Guns under a red-flag order — owning one becomes a federal crime

A new line in federal gun law would cover anyone under a court order that finds them a danger to self or others. The ban reaches guns and ammunition alike.

Selling or giving someone a gun — barred under red-flag orders

Federal law already bars selling guns to certain people, such as felons. People under these orders would join that list, so a sale or a gift to them would be a crime.

Getting surrendered guns back — only when you may legally own again

Guns come back only once the person may legally own them again. That test uses federal and state law, plus tribal law where it applies.

Civil Liberties

Hearing after an emergency red-flag order — required within 30 days

The court must set a hearing within 30 days of the request. An emergency order stops when that hearing takes place.

Protection from federal charges — only orders made after a hearing count

The new federal crime applies only to orders issued after a hearing the person knew about and could take part in. An emergency order alone would not trigger it.

Notice before a red-flag order — a judge may skip it first

A judge may issue an emergency order the same day it is asked for. It takes probable cause that the person is a danger, and the person is not heard first.

Proof needed for a red-flag order — "more likely than not"

At the hearing, the judge needs to find only that danger is more likely than not. That is the lowest standard used in court, and states are free to set a tougher one.

Time limits on red-flag orders — states may leave them open-ended

An order can run for a set time, or until a court ends or replaces it. State laws may add a way to end or renew orders, but they do not have to.

Privacy for people under red-flag orders — a national record names them

The Justice Department would gather court records naming people under these orders. Criminal justice agencies and both criminal and civil courts could look those orders up in national crime databases.

Transparency & Accountability

Yearly count of red-flag orders — reported to the Justice Department

Each place that takes a grant would report every year on orders asked for, granted, and denied. The counts include the danger claimed, guns removed, and the race, sex, age, and disability of both the person filing and the person named. The report goes to the Attorney General, not to the public.

More about this bill

Owning a gun could become a federal crime for people a judge has found dangerous. Some states already have "red flag" laws that let judges order guns removed. Today those orders are enforced under state law alone. A federal crime would be added on top. Selling or giving a gun to someone under such an order would also be a crime. Orders from states with qualifying laws would enter the national background check system within 30 days. Other states would have to enforce them, so moving would not end an order. To get grant money, a state or tribal law would have to meet a federal checklist. The person named must get written notice and a hearing within 30 days. At that hearing, a judge needs to find only that danger is more likely than not. A judge could also order guns removed right away, before the person is heard. That emergency order lasts only until the hearing. On its own, it would not trigger the federal crime. Orders would not need an end date, so a state could leave one open. States, tribes, local governments, and some other groups could apply for Justice Department grants. The money would pay for training, court forms, gun storage, and public outreach. Between 25% and 70% of each grant must go to police training. That training must cover bias, domestic violence cases, and calming people in crisis. No dollar cap is set; the bill asks for "such sums as are necessary". The Justice Department would also collect court records naming people under these orders. The changes would start 180 days after the bill became law.

Congressional Summary

This bill establishes grants to support the implementation of extreme risk protection order laws at the state and local levels, extends federal firearms restrictions to individuals who are subject to extreme risk protection orders, and expands related data collection. Extreme risk protection order laws, or red flag laws, generally allow certain individuals (e.g., law enforcement officers or family members) to petition a court for a temporary order that prohibits an at-risk individual from purchasing and possessing firearms.Among its provisions, the billdirects the Department of Justice to establish a grant program to help states, local governments, Indian tribes, and other entities implement extreme risk protection order laws;extends federal restrictions on the receipt, possession, shipment, and transportation of firearms and ammunition to individuals who are subject to extreme risk protection orders; andrequires the Federal Bureau of Investigation to compile records from federal, tribal, and state courts and other agencies that identify individuals who are subject to extreme risk protection orders.

Details

Congress
119th
Chamber
House
Status
summarized
Action
Introduced in House
Action Date
2025-06-30
Date Added
2026-03-30
Source
Congress.gov →

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