YourVoice.Now Summary
Gun LawsCivil LibertiesCriminal Justice & Due ProcessTransparency & AccountabilityYour MoneyWould let families and police ask a judge to take a person's guns for up to 180 days.
Gun Laws
When an order ends or is dropped, marshals would check whether the person may legally own guns again. If the check clears, the court would order the guns, ammunition, and permits given back.
A new federal court order would stop a person from buying, owning, or receiving guns and ammunition. A judge could grant it for up to 180 days, and renew it after another hearing.
The order would require handing over all guns, ammunition, and gun permits, including a concealed carry permit, to U.S. marshals. If an officer cannot collect them in person, the person has 48 hours to turn them in.
Anyone under a state or tribal red-flag order would be added to the federal list of people barred from having guns. Selling a gun to that person would also become a federal crime.
A red-flag order from one state's court would have to be enforced by courts and police in every other state and tribal area. Today an order can lose its force once someone crosses a state line.
The Justice Department would give money to states, tribes, cities, and other groups that pass red-flag laws meeting federal standards. Each grant must spend at least 25 percent and no more than 70 percent on training police.
From 2026 through 2030, the Attorney General would favor places with red-flag laws when handing out any community policing grant. States without such a law could lose out on police money unrelated to guns.
Civil Liberties
A hearing on a longer order would have to happen within 72 hours after the first order is served. The person would get written notice and could bring their own lawyer.
If the person cannot afford a lawyer, the court would have to provide one for the hearing, as far as it is able. That is not usually offered in civil cases.
To extend an order to 180 days, the person who filed must prove the danger by clear and convincing evidence. That is a higher bar than the usual standard in civil cases.
A judge would have to rule on a first request the same day it is filed, without hearing from the person named. That first order can last up to 14 days.
Courts and police could list people under red-flag orders in national crime databases that officers search. The records would have to be destroyed once the order expires or is dropped.
Within two court days of issuing or ending an order, the court would notify state mental health agencies, police, and the Attorney General. The background check system would be updated within five days.
Criminal Justice & Due Process
Knowingly filing false information, or a petition with no basis, would carry a fine up to $5,000, prison up to five years, or both. Judges could set the penalty to deter misuse.
If someone knowingly tries to reach guns, ammunition, or permits they surrendered, those items could be seized and kept permanently. This uses the same forfeiture rules as other federal gun crimes.
Transparency & Accountability
The federal courts would report to Congress each year on orders filed, granted, and denied, who asked for them, and how many guns were taken. It would be the first national count of red-flag orders.
Officers taking guns would have to hand the person a receipt listing everything collected. The original goes to the court within 72 hours, creating a record of what was taken.
Your Money
Courts and police could not charge any fee to file, serve, or respond to a red-flag petition. That covers the person who files and the person named in the order.
More about this bill
A federal judge could order a person to give up their guns for up to 180 days. A family member, someone who lives with them, or a police officer could ask for that order. They would have to show the person is a risk of hurting themselves or someone else. A judge could grant a first order the same day, without the person there. That first order would last up to 14 days. A full hearing would follow within 72 hours. At that hearing the person would get notice, a chance to speak, and a free lawyer if they cannot pay. The judge would need strong proof to extend the order to 180 days. Orders could be renewed after another hearing. Guns, ammunition, and gun permits would go to U.S. marshals or a local officer. The handover would happen right away when the order is served. If that is not possible, the person would have 48 hours. Selling the guns to a licensed dealer would be an option instead. A written receipt would list every item taken. When the order ends, marshals would run a background check. If the person can legally own guns again, the court would order the items returned. Trying to get the guns back while the order stands could mean losing them for good. Filing a knowingly false or baseless petition could bring a $5,000 fine and up to five years in prison. A red-flag order from any state or tribal court would also count as a federal gun ban. Orders would be honored in every state, not just the one that issued them. Courts would tell the Attorney General, local police, and state mental health agencies within two court days. Names would go into national crime databases. Those records would have to be erased when the order ends. The Justice Department would fund states, tribes, and cities that pass their own red-flag laws. From 25 to 70 percent of each grant would pay for police training. Through 2030, states without such a law would rank lower for other police grants. Courts could not charge either side a fee. Nothing would take effect until 180 days after the bill became law.
Congressional Summary
Federal Extreme Risk Protection Order Act of 2026This bill authorizes and establishes procedures for federal courts to issue federal extreme risk protection orders. Additionally, the 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 billauthorizes a family or household member, or a law enforcement officer, to petition for a federal extreme risk protection order with respect to an individual who poses a risk to themselves or others;directs 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
- 2026-02-17
- Date Added
- 2026-05-29
- Source
- Congress.gov →
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