,,ii #aaeth ,,congress #b;d ,session ,s4 #beba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #h1 #bjah ,mr4 ,blumenthal 7for himself and ,mr4 ,graham7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to authorize the issuance of extreme risk protection orders4 #a4 ,short title ,this ,act may be cited as the ,federal ,extreme ,risk ,protection ,order ,act of #bjah4 #b4 ,extreme risk protection orders 7a7 ,in general ,chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,extreme risk protection orders 7a7 ,definitions ,in this section-- 7#a7 the term designated law enforcement officer means a law enforcement officer1 designated by a ,united ,states marshal1 who agrees to receive firearms1 ammunition1 and permit1 as applicable1 surrendered under subsection 7f72 7#b7 the term ,director means the ,director of the ,administrative ,office of the ,united ,states ,courts2 7#c7 the term ex parte extreme risk protection order or ex parte order means an extreme risk protection order issued under subsection 7c72 7#d7 the term extreme risk protection order means an order issued by a ,federal court that enjoins an individual from purchasing1 possessing1 or receiving1 in or affecting interstate and foreign commerce1 a firearm or ammunition2 7#e7 the term family or household member1 with respect to a respondent1 means any-- 7,a7 parent1 spouse1 sibling1 or child related by blood1 marriage1 or adoption to the respondent2 7,b7 dating partner of the respondent2 7,c7 individual who has a child in common with the respondent1 regardless of whether the individual has-- 7i7 been married to the respondent2 or 7ii7 lived together with the respondent at any time2 7,d7 individual who resides or has resided with the respondent during the past year2 7,e7 domestic partner of the respondent2 7,f7 individual who has a legal parent-child relationship with the respondent1 including a stepparent-stepchild and grandparent-grandchild relationship2 and 7,g7 individual who is acting or has acted as the legal guardian of the respondent2 7#f7 the term law enforcement officer means any officer1 agent1 or employee of the ,federal ,government or a ,state government1 unit of local government1 or ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 authorized-- 7,a7 by law or by a government agency to engage in or supervise the prevention1 detection1 or investigation of any violation of criminal law2 or 7,b7 by law to supervise sentenced criminal offenders2 7#g7 the term long-term extreme risk protection order or long-term order means an extreme risk protection order issued under subsection 7d72 7#h7 the term mental health agency means an agency of a ,state or local government or its contracted agency that is responsible for mental health services or co-occurring mental health and substance abuse services2 and 7#i7 the term national instant criminal background check system means the national instant criminal background check system established under section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija74 7b7 ,petition 7#a7 ,in general ,a family or household member of the applicable individual1 or a law enforcement officer1 may submit to an appropriate district court of the ,united ,states a petition requesting that the court issue an ex parte extreme risk protection order or long-term extreme risk protection order with respect to an individual4 7#b7 ,no fees ,a court may not charge a petitioner any fee for filing a petition under paragraph 7#a74 7#c7 ,confidentiality ,a petitioner who is a law enforcement officer may provide the identity of the petitioner's sources1 and any identifying information1 to the court under seal4 7c7 ,ex parte orders 7#a7 ,timing 7,a7 ,in general ,except as provided in subparagraph 7,b71 a court that receives a petition for an ex parte order under subsection 7b7 shall grant or deny the petition on the date on which the petition is submitted4 7,b7 ,late petitions ,if a court receives a petition for an ex parte order submitted under subsection 7b7 too late in the day to permit effective review1 the court shall grant or deny the petition on the next day of judicial business at a time early enough to permit the court to file an order with the clerk of the court during that day4 7#b7 ,evidence required ,before issuing an ex parte order1 a court shall require that the petitioner submit a signed affidavit1 sworn to before the court1 that-- 7,a7 explains why the petitioner believes that the respondent poses a risk of imminent personal injury to himself or herself1 or another individual1 by purchasing1 possessing1 or receiving a firearm or ammunition2 and 7,b7 describes the interactions and conversations of the petitioner with-- 7i7 the respondent2 or 7ii7 another individual1 if the petitioner believes that information obtained from that individual is credible and reliable4 7#c7 ,standard for issuance of order ,a court may issue an ex parte order only upon a finding of probable cause to believe that-- 7,a7 the respondent poses a risk of imminent personal injury to himself or herself1 or another individual1 by purchasing1 possessing1 or receiving a firearm or ammunition2 and 7,b7 the order is necessary to prevent the injury described in subparagraph 7,a74 7#d7 ,duration ,an ex parte order shall expire on the earlier of-- 7,a7 the date that is #ad days after the date of issuance2 or 7,b7 the date on which the court determines whether to issue a long-term order with respect to the respondent4 7d7 ,long-,term orders 7#a7 ,hearing required ,if a court receives a petition for an extreme risk protection order for a respondent under subsection 7b71 the court shall hold a hearing to determine whether to issue a long-term order with respect to the respondent either-- 7,a7 7i7 except as provided in clause 7ii71 not later than #gb hours after the court issues an ex parte order with respect to the respondent2 or 7ii7 if the court issues an ex parte order with respect to the respondent but the order is not served on the respondent within #gb hours of the issuance1 not later than #gb hours after the order is served on the respondent2 or 7,b7 if the respondent waives the right to a hearing under subparagraph 7,a7 or the court does not issue an ex parte order1 not later than #ad days after the date on which the court receives the petition4 7#b7 ,notice and opportunity to be heard 7,a7 ,in general ,the court shall provide the respondent with notice and the opportunity to be heard at a hearing under this subsection1 sufficient to protect the due process rights of the respondent4 7,b7 ,right to counsel 7i7 ,in general ,at a hearing under this subsection1 the respondent may be represented by counsel who is-- 7,i7 chosen by the respondent2 and 7,,ii7 authorized to practice at such a hearing4 7ii7 ,court-provided counsel ,if the respondent is financially unable to obtain representation by counsel1 the court1 at the request of the respondent1 shall ensure to the extent practicable that the respondent is represented by an attorney for the ,legal ,services ,corporation with respect to the petition4 7#c7 ,burden of proof2 standard ,at a hearing under this subsection1 the petitioner-- 7,a7 shall have the burden of proving all material facts2 and 7,b7 shall be required to demonstrate1 by clear and convincing evidence1 that-- 7i7 the respondent poses a risk of personal injury to himself or herself1 or another individual1 during the period to be covered by the proposed extreme risk protection order1 by purchasing1 possessing1 or receiving a firearm or ammunition2 and 7ii7 the order is necessary to prevent the injury described in clause 7i74 7#d7 ,issuance ,upon a showing of clear and convincing evidence under paragraph 7#c71 the court shall issue a long-term order with respect to the respondent that shall be in effect for a period of not more than #ahj days4 7#e7 ,denial ,if the court finds that there is not clear and convincing evidence to support the issuance of a long-term order1 the court shall dissolve any ex parte order then in effect with respect to the respondent4 7#f7 ,renewal 7,a7 ,notice of scheduled expiration ,thirty days before the date on which a long-term order is scheduled to expire1 the court that issued the order shall-- 7i7 notify the petitioner and the respondent that the order is scheduled to expire2 and 7ii7 advise the petitioner and the respondent of the procedures for seeking a renewal of the order under this paragraph4 7,b7 ,petition ,if a family or household member of the respondent1 or a law enforcement officer1 believes that the conditions under paragraph 7#c77;,b7 continue to apply with respect to a respondent who is subject to a long-term order1 the family or household member or law enforcement officer may submit to the court that issued the order a petition for a renewal of the order4 7,c7 ,hearing ,a court that receives a petition submitted under subparagraph 7,b7 shall hold a hearing to determine whether to issue a renewed long-term order with respect to the respondent4 7,d7 ,applicable procedures ,the requirements under paragraphs 7#b7 through 7#e7 shall apply to the consideration of a petition for a renewed long-term order submitted under subparagraph 7,b7 of this paragraph4 7,e7 ,issuance ,upon a showing by clear and convincing evidence that the conditions under paragraph 7#c77;,b7 continue to apply with respect to the respondent1 the court shall issue a renewed long-term order with respect to the respondent4 7e7 ,factors ,to consider ,in determining whether to issue an extreme risk protection order1 a court-- 7#a7 shall consider factors including-- 7,a7 recent threats or acts of violence by the respondent directed toward other individuals2 7,b7 recent threats or acts of violence by the respondent directed toward himself or herself2 7,c7 recent acts of cruelty to animals by the respondent2 and 7,d7 evidence of-- 7i7 recent criminal offenses by the respondent that involve controlled substances or alcohol2 or 7ii7 ongoing abuse of controlled substances or alcohol by the respondent2 and 7#b7 may consider other factors1 including-- 7,a7 the reckless use1 display1 or brandishing of a firearm by the respondent2 7,b7 a history of violence or attempted violence by the respondent against other individuals2 and 7,c7 prior involuntary confinement of the respondent in a hospital for individuals with psychiatric disabilities4 7f7 ,relinquishment of firearms and ammunition 7#a7 ,order of surrender ,upon issuance of an ex parte order or long-term order1 the court shall order the respondent to surrender all firearms and ammunition that the respondent possesses or owns1 in or affecting interstate commerce1 as well as any permit authorizing the respondent to purchase or possess firearms 7including a concealed carry permit71 to-- 7,a7 the ,united ,states ,marshals ,service2 or 7,b7 a designated law enforcement officer4 7#b7 ,surrender and removal 7,a7 ,manner of service 7i7 ,personal service ,except as provided in clause 7ii71 a ,united ,states marshal or designated law enforcement officer shall serve an extreme risk protection order on a respondent by handing the order to the respondent4 7ii7 ,alternative service ,if the respondent cannot reasonably be located for service as described in clause 7i71 an extreme risk protection order may be served on the respondent in any manner authorized under the ,federal ,rules of ,civil ,procedure4 7,b7 ,removal ,except as provided in subparagraph 7,c71 a ,united ,states marshal or designated law enforcement officer serving an extreme risk protection order personally on the respondent shall-- 7i7 request that all firearms and ammunition1 in or affecting interstate commerce1 as well as any permit authorizing the respondent to purchase or possess firearms 7including a concealed carry permit71 that the respondent possesses or owns-- 7,i7 be immediately surrendered to the ,united ,states marshal or designated law enforcement officer2 or 7,,ii7 at the option of the respondent1 be immediately surrendered and sold to a federally licensed firearms dealer2 and 7ii7 take possession of all firearms and ammunition described in clause 7i7 that are not sold under subclause 7,,ii7 of that clause1 as well as any permit described in that clause1 that are-- 7,i7 surrendered2 7,,ii7 in plain sight2 or 7,,iii7 discovered pursuant to a lawful search4 7,c7 ,alternative surrender ,if a ,united ,states marshal or designated law enforcement officer is not able to personally serve an extreme risk protection order under subparagraph 7,a77i71 or is not reasonably able to take custody of the firearms1 ammunition1 and permits under subparagraph 7,b71 the respondent shall surrender the firearms1 ammunition1 and permits in a safe manner to the control of a ,united ,states marshal or designated law enforcement officer not later than #dh hours after being served with the order4 7#c7 ,receipt 7,a7 ,issuance ,at the time of surrender or removal under paragraph 7#b71 a ,united ,states marshal or designated law enforcement officer taking possession of a firearm1 ammunition1 or a permit pursuant to an extreme risk protection order shall-- 7i7 issue a receipt identifying all firearms1 ammunition1 and permits that have been surrendered or removed2 and 7ii7 provide a copy of the receipt issued under clause 7i7 to the respondent4 7,b7 ,filing ,not later than #gb hours after service of an order under paragraph 7#b77;,a71 the ,united ,states marshal who served the order or designated another law enforcement officer to do so shall-- 7i7 file the original receipt issued under subparagraph 7,a7 of this paragraph with the court that issued the extreme risk protection order2 and 7ii7 ensure that the ,united ,states ,marshals ,service retains a copy of the receipt4 7,c7 ,designated law enforcement officer ,if a designated law enforcement officer issues a receipt under subparagraph 7,a71 the officer shall submit the original receipt and a copy of the receipt to the appropriate ,united ,states marshal to enable the ,united ,states marshal to comply with subparagraph 7,b74 7#d7 ,forfeiture ,if a respondent knowingly attempts1 in violation of an extreme risk protection order1 to access a firearm1 ammunition1 or a permit that was surrendered or removed under this subsection1 the firearm1 ammunition1 or permit shall be subject to seizure and forfeiture under section #ibd7;d74 7g7 ,return of firearms and ammunition 7#a7 ,notice ,if an extreme risk protection order is dissolved1 or expires and is not renewed1 the court that issued the order shall order the ,united ,states ,marshals ,service to-- 7,a7 confirm1 through the national instant criminal background check system and any other relevant law enforcement databases1 that the respondent may lawfully own and possess firearms and ammunition2 and 7,b7 7i7 if the respondent may lawfully own and possess firearms and ammunition1 notify the respondent that the respondent may retrieve each firearm1 ammunition1 or permit surrendered by or removed from the respondent under subsection 7f72 or 7ii7 if the respondent may not lawfully own or possess firearms and ammunition1 notify the respondent that each firearm1 ammunition1 or permit surrendered by or removed from the respondent under subsection 7f7 will be returned only when the respondent demonstrates to the ,united ,states ,marshals ,service that the respondent may lawfully own and possess firearms and ammunition4 7#b7 ,return ,if an extreme risk protection order is dissolved1 or expires and is not renewed1 and the ,united ,states ,marshals ,service confirms under paragraph 7#a77;,a7 that the respondent may lawfully own and possess firearms and ammunition1 the court that issued the order shall order the entity that possesses each firearm1 ammunition1 or permit surrendered by or removed from the respondent under subsection 7f7 to return those items to the respondent4 7h7 ,return of firearms and ammunition improperly received ,if a court1 in a hearing under subsection 7d71 determines that a firearm or ammunition surrendered by or removed from a respondent under subsection 7f7 is owned by an individual other than the respondent1 the court may order the ,united ,states marshal or designated law enforcement officer in possession of the firearm or ammunition to transfer the firearm or ammunition to that individual if-- 7#a7 the individual may lawfully own and possess firearms and ammunition2 and 7#b7 the individual will not provide the respondent with access to the firearm or ammunition4 7i7 ,penalty for false reporting or frivolous petitions ,an individual who knowingly submits materially false information to the court in a petition for an extreme risk protection order under this section1 or who knowingly files such a petition that is frivolous1 unreasonable1 or without foundation1 shall be fined not less than #a1jjj1 in addition to any other penalty authorized by law1 as the court deems necessary to deter such abuse of process4 7j7 ,model policy 7#a7 ,in general ,the ,director shall draft a model policy to maximize the accessibility of extreme risk protection orders4 7#b7 ,contents ,in drafting the model policy under paragraph 7#a71 the ,director shall-- 7,a7 ensure that ,state and local law enforcement officers and members of the public without legal training are able to easily file petitions for extreme risk protection orders2 7,b7 prescribe outreach efforts by employees of the district courts of the ,united ,states to familiarize relevant law enforcement officers and the public with the procedures for filing petitions1 either-- 7i7 through direct outreach2 or 7ii7 in coordination with-- 7,i7 relevant officials in the executive or legislative branch of the ,federal ,government2 or 7,,ii7 with ,state and local officials2 7,c7 prescribe policies for allowing the filing of petitions and prompt adjudication of petitions on weekends and outside of normal court hours2 7,d7 prescribe policies for coordinating with law enforcement agencies to ensure the safe1 timely1 and effective service of extreme risk protection orders and relinquishment of firearms1 ammunition1 and permits1 as applicable2 and 7,e7 identify governmental and non-governmental resources and partners to help officials of the district courts of the ,united ,states coordinate with civil society organizations to ensure the safe and effective implementation of this section4 7k7 ,reporting 7#a7 ,individual reports 7,a7 ,in general ,not later than #b court days after the date on which a court issues or dissolves an extreme risk protection order under this section or an extreme risk protection order expires without being renewed1 the court shall notify-- 7i7 the ,attorney ,general2 7ii7 each relevant mental health agency in the ,state in which the order is issued2 and 7iii7 ,state and local law enforcement officials in the jurisdiction in which the order is issued1 including the national instant criminal background check system single point of contact for the ,state of residence of the respondent1 where applicable4 7,b7 ,format ,a court shall submit a notice under subparagraph 7,a7 in an electronic format1 in a manner prescribed by the ,attorney ,general4 7,c7 ,update of databases ,as soon as practicable and not later than #e days after receiving a notice under subparagraph 7,a71 the ,attorney ,general shall update the background check databases of the ,attorney ,general to reflect the prohibitions articulated in the applicable extreme risk protection order4 7#b7 ,annual reports ,not later than #a year after the date of enactment of the ,federal ,extreme ,risk ,protection ,order ,act of #bjah1 and annually thereafter1 the ,director shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that includes1 with respect to the preceding year-- 7,a7 the number of petitions for ex parte orders filed1 as well as the number of such orders issued and the number denied2 7,b7 the number of petitions for long-term orders filed1 as well as the number of such orders issued and the number denied2 7,c7 the number of petitions for renewals of long-term orders filed1 as well as the number of such orders issued and the number denied2 and 7,d7 the number of cases in which a court has issued a penalty for false reporting or frivolous petitions4 4 7b7 ,technical and conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #dd of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #icb4 ,extreme risk protection orders4 4 7#b7 ,forfeiture ,section #ibd7;d77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,e71 by striking and at the end2 7,b7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,g7 any attempt to violate an extreme risk protection order issued under section #icb4 4 #c4 ,brady ,act prohibitors ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#h71 by striking or at the end2 7,b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 is subject to a court order that prohibits the person from purchasing1 possessing1 or receiving a firearm or ammunition4 2 and 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#h71 by striking or at the end2 7,b7 in paragraph 7#i71 by striking the comma at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 who is subject to a court order that prohibits the person from purchasing1 possessing1 or receiving a firearm or ammunition1 4 #d4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be invalid1 the remainder of the provisions of this ,act and the amendments made by this ,act and the application of the provision or amendment to any other person or circumstance shall not be affected4 #e4 ,preemption ,nothing in this ,act or an amendment made by this ,act shall be construed to preempt any ,state law or policy4