A federal extreme risk protection order framework would let U.S. district courts temporarily bar a person from buying, possessing, or receiving firearms or ammunition when a family or household member or a law enforcement officer petitions and shows the person poses a risk of injury to themselves or others. Ex parte orders could issue the same day on probable cause and last up to 14 days, while long-term orders require a hearing within 72 hours, court-appointed counsel for indigent respondents, and clear and convincing evidence, and may last up to 180 days with renewal procedures. Surrendered firearms, ammunition, and permits go to the U.S. Marshals Service or a designated officer, and are returned only after a NICS check confirms the respondent is again eligible. The bill adds federal ERPO respondents as a new prohibited category under 18 U.S.C. 922(d)(12) and 922(g)(10), authorizes forfeiture under section 924(d) for attempts to access surrendered firearms, and sets a $5,000 fine and up to five years in prison for knowingly false or frivolous petitions. A Department of Justice grant program through the Office of Community Oriented Policing Services would fund states and tribes that enact qualifying ERPO laws, with 25 to 70 percent of funds devoted to law enforcement training that addresses bias, domestic violence, de-escalation, and consultation with culturally specific service providers. Courts must notify the Attorney General, mental health agencies, and state law enforcement of each order, the AG must update NICS within five days, identifying records must be destroyed when an order ends, and the Administrative Office of the U.S. Courts must report annually to the Judiciary Committees with petitioner and respondent demographics and firearm-removal counts.
Civil Liberties
- Ex parte firearm-possession order — issuable on probable cause for up to 14 days
- Clear-and-convincing standard — required at long-term hearing
- Right to counsel — indigent respondents appointed counsel at long-term hearing
- Family-member petition standing — household members may petition federal court
- False-petition penalty — $5,000 fine and up to 5 years for knowingly false filings
Criminal Justice & Due Process
- Prohibited-person category — federal ERPO respondents added at 922(g)(10)
- Possessory rights under surrender order — forfeiture under 924(d) for access attempts
- NICS pre-return check — required before firearms returned to respondent
- Full faith and credit — extends state and tribal ERPOs across jurisdictions
Transparency & Accountability
- Annual report to Judiciary Committees — petitioner and respondent demographics required
- NCIC record destruction — required when ERPO order expires
- NICS database update timing — AG must update within 5 days of order notice
- Officer training requirement — bias and culturally-specific consultation required
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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