,i #aafth ,,congress #ast ,session ,h4 ,r4 #gdd ,,in ,,the ,,house ,,of ,,representatives ,january #bd1 #bjai,mr4 ,katko 7for himself1 ,mr4 ,peterson1 ,mr4 ,curtis1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,cuellar1 and ,mr4 ,diaz-,balart7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide ,states with funding to establish new tools to prevent suicide and violence1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,our ,communities and ,rights ,act of #bjai4 #b4 ,definitions ,in this ,act-- 7#a7 the term family member means1 with respect to an individual1 a spouse1 child1 parent1 sibling1 grandchild1 or grandparent of the individual1 a person with whom the individual shares a child in common1 the legal guardian of the individual1 or a person who cohabits or has cohabited with the individual within the previous #ab months2 7#b7 the term firearm has the meaning given the term in section #iba of title #ah1 ,united ,states ,code2 7#c7 the term extreme risk protection order means a written order1 issued by a ,state court or signed by a magistrate prohibiting the respondent from purchasing1 possessing1 or receiving a firearm2 and 7#d7 the term law enforcement officer means a public servant authorized by ,state law or by a ,state government agency to engage in or supervise the prevention1 detection1 investigation1 or prosecution of a criminal offense4 #c4 ,national extreme risk protection order law 7a7 ,enactment of extreme risk protection order law ,in order to receive a grant under section #d1 a ,state shall have in effect a law that authorizes the issuance of an extreme risk protection order in accordance with subsection 7b74 7b7 ,requirements for extreme risk protection orders ,legislation required under subsection 7a7 shall be subject to the following requirements3 7#a7 ,generalized concerns insufficient ,a generalized concern related to any hazards posed by firearm ownership or use generally shall not constitute sufficient basis for the issuance or renewal of an extreme risk protection order under this section4 7#b7 ,application for preliminary ex parte extreme risk protection order ,a family member or a law enforcement officer1 whether acting on the officer's own initiative or in response to a complaint the officer has substantiated through independent investigation1 may submit an application to a ,state court for the issuance of a preliminary ex parte extreme risk protection order1 on a form designed by the court1 that-- 7,a7 describes the facts and circumstances necessitating that a preliminary ex parte extreme risk protection order be issued against the respondent2 7,b7 is signed by the applicant1 under oath2 and 7,c7 includes any additional information required by the ,state court or magistrate to demonstrate that the respondent poses an imminent1 particularized1 and substantial risk of unlawfully using a firearm to cause death or serious physical injury to himself or herself or to another person4 7#c7 ,standard for issuance of a preliminary ex parte order 7,a7 ,in general ,a ,state court or magistrate may issue a preliminary ex parte extreme risk protection order upon finding by a preponderance of evidence that the respondent poses an imminent1 particularized1 and substantial risk of unlawfully using a firearm to cause death or serious physical injury to himself or herself or to another person4 ,no such order shall remain in effect for more than #ba days unless the respondent is detained for or submits to an evaluation for commitment to a mental institution or for assisted outpatient treatment1 in which case the preliminary order may be extended for the duration of any such commitment or treatment4 ,before issuing an order under this paragraph1 the court or magistrate shall consider whether the respondent meets the applicable standard for involuntary observation1 temporary commitment1 or any other procedure that begins the ,state's process for involuntary commitment or assisted outpatient treatment4 ,if the court or magistrate determines that the respondent meets such standard1 then1 in addition to issuing a preliminary ex parte extreme risk protection order1 the court or magistrate shall order the respondent to undergo a mental evaluation to determine the most appropriate treatment1 including involuntary commitment or assisted outpatient treatment1 and may issue an order requiring the respondent to undergo such treatment4 7,b7 ,application to be made under oath ,a ,state court or magistrate shall1 before issuing a preliminary ex parte extreme risk protection order-- 7i7 examine under oath the individual who applied for the order under paragraph 7#b7 and any witnesses the individual produces2 or 7ii7 require that the individual or any witness submit a signed affidavit1 subject to the penalties of perjury1 which describes the facts the applicant or witness believes establish the grounds of the application4 7#d7 ,limitation on firearm prohibitions based on ex parte proceedings ,any restriction imposed pursuant to a preliminary ex parte order1 which is based on ex parte proceedings shall be limited to receiving firearms or transporting or carrying firearms in public4 7#e7 ,reporting of preliminary ex parte extreme risk protection order ,the court shall notify the ,department of ,justice and comparable ,state agency of the issuance of the preliminary ex parte extreme risk protection order not later than #dh hours after issuing the order4 ,such notice shall be submitted in an electronic format1 in a manner prescribed by the ,department of ,justice and the comparable ,state agency4 7#f7 ,hearing on a permanent extreme risk protection order 7,a7 ,in general ,not later than #ad days after the date on which a court issues a preliminary ex parte extreme risk protection order1 the issuing court1 or another court in the same jurisdiction1 shall hold a hearing to determine whether to issue a permanent extreme risk protection order and1 if applicable1 whether to continue procedures for involuntary commitment or assisted outpatient treatment4 ,the respondent shall have the opportunity to appear with counsel1 present opposing witnesses1 and cross-examine the petitioner or any witnesses offered by the petitioner4 7,b7 ,notice ,a court may not issue a permanent extreme risk protection order unless the respondent receives actual notice of the hearing under subparagraph 7,a74 7,c7 ,burden of proof ,at any hearing conducted under subparagraph 7,a71 the ,state or petitioner shall have the burden of establishing by clear and convincing evidence that the respondent poses an imminent1 particularized1 and substantial risk of unlawfully using a firearm to cause death or serious physical injury to himself or herself or to another person4 7,d7 ,requirements upon issuance of a permanent order ,if the court finds by clear and convincing evidence that the respondent poses an imminent1 particularized1 and substantial risk of unlawfully using a firearm to cause death or serious physical injury to himself or herself or to another person1 the following shall apply3 7i7 ,the respondent shall be prohibited from possessing or receiving1 or attempting to possess or receive1 a firearm for a period not to exceed #a year4 7ii7 ,if the court determines that there is probable cause to believe that the respondent possesses a firearm when the order is issued1 the court shall issue a warrant ordering the seizure of such firearm and shall further order the firearm to be retained pursuant to paragraph 7#g7 for the duration of the permanent extreme risk protection order4 7#g7 ,seizure and temporary retention of firearms 7,a7 ,in general ,in the case that a law enforcement officer takes possession of a firearm pursuant to a warrant issued pursuant to paragraph 7#f77;,d77ii71 the law enforcement officer shall provide to the individual from whom the firearm was taken a receipt1 which includes the make1 model1 caliber1 finish1 and serial number of any such firearm4 ,in the case that an individual is not present at the time of the seizure1 the law enforcement officer shall post the receipt at the location from which the firearm was seized4 7,b7 ,custody of seized firearms ,a firearm seized pursuant to paragraph 7#f77;,d77ii7 shall1 for the duration of the permanent extreme risk protection order1 be retained by the law enforcement agency that seized the firearm1 or by a third party not prohibited from possessing or receiving a firearm1 as specified by the court that issued the permanent extreme risk protection order4 7,c7 ,limitation on seizure of firearms ,in the case that the location to be searched during the execution of a warrant to enforce a permanent extreme risk protection order is occupied by multiple parties1 and a law enforcement officer executing the search determines that a firearm that is located during the search is owned by an individual other than the respondent named in the warrant1 the firearm may not be seized if-- 7i7 the firearm will be stored in a manner that ensures that the respondent named in the warrant does not have access to or control of the firearm2 and 7ii7 there is no probable cause to believe that the owner of the firearm does not lawfully possess the firearm4 7,d7 ,gun safe ,in the case that the location to be searched during the execution of a warrant issued pursuant to paragraph 7#f77;,d77ii7 is occupied by multiple parties1 and a law enforcement officer executing the search locates a gun safe1 which the officer determines is owned by an individual other than the individual named in the warrant1 the contents of the gun safe shall not be searched except in the owner's presence and with the owner's consent4 7,e7 ,return of firearm to rightful owner ,in the case that any individual who is not subject to an extreme risk protection order can demonstrate title to a firearm seized pursuant to a warrant issued pursuant to paragraph 7#f77;,d77ii71 the firearm shall be returned to the lawful owner as soon as possible and without an additional order of a court4 7#h7 ,petition for rescission of a permanent extreme risk protection order ,an individual subject to a permanent extreme risk protection order may at any time during the effective period of the order file one petition with the issuing court to rescind the permanent extreme risk protection order4 ,the court shall hold a hearing on the petition within #ad days and grant the petition if the individual proves by a preponderance of evidence that his or her possession of a firearm does not pose an imminent1 particularized1 and substantial risk of death or serious bodily injury to the individual or another person4 7#i7 ,return of firearms to individual subject to an extreme risk protection order ,any firearms seized pursuant to a warrant issued pursuant to paragraph 7#f77;,d77ii7 shall be returned to the respondent within #e business days of the expiration or rescission of the order4 ,notwithstanding any other provision of law1 the court may require that the respondent submit to an inquiry through the national instant criminal background check system as a condition of receiving the firearm4 7#aj7 ,renewing an extreme risk protection order ,a family member or law enforcement officer may petition the court that issued a permanent extreme risk protection order to renew the order for a period not to exceed #a year4 ,the requirements and proceedings for renewal of an extreme risk protection order shall be the same as for the issuance of a permanent extreme risk protection order under paragraph 7#f74 ,a permanent extreme risk protection order may not be renewed more than #b times4 7#aa7 ,notification 7,a7 ,in general ,except as provided in paragraph 7#e71 the court shall notify the ,department of ,justice and comparable ,state agency of the issuance or renewal of an extreme risk protection order not later than #e court days after issuing or renewing the order4 ,the court shall also notify the ,department of ,justice and comparable ,state agency of the rescission or expiration of an extreme risk protection order not later than #e court days after such rescission or expiration4 ,such notice shall be submitted in an electronic format1 in a manner prescribed by the ,department of ,justice and the comparable ,state agency4 7,b7 ,update of databases ,as soon as practicable after receiving a notification under paragraph 7#e7 or subparagraph 7,a71 but in no case later than #dh hours1 the ,department of ,justice and comparable ,state agency shall update the background check databases of the ,department and agency1 respectively1 to reflect-- 7i7 the issuance or renewal of the extreme risk protection order2 or 7ii7 the rescission or expiration of an extreme risk protection order4 7c7 ,confidentiality protections ,all information provided to the ,department of ,justice and comparable ,state agency pursuant to legislation described under this section shall be kept confidential1 separate1 and apart from all other records maintained by the ,department of ,justice and the comparable ,state agency4 7d7 ,rule of construction ,the use of terms in a ,state law that differ from the terms used in this section1 or the definitions in section #b1 shall not affect the availability of funds to a ,state under this section1 provided that the ,state otherwise complies with the substantive requirements of this section4 ,a ,state may not receive funds under this section if does not meet the substantive requirements of this section1 including required findings1 evidentiary standards1 burdens of proof1 limitations on duration and renewal of orders1 and rules governing the return of firearms4 #d4 ,pause for safety grant program 7a7 ,in general ,the ,director of the ,office of ,community ,oriented ,policing ,services of the ,department of ,justice may make grants to an eligible ,state to assist the ,state in carrying out the provisions of the ,state legislation described in section #c4 7b7 ,eligible state ,a ,state shall be eligible to receive grants under this section beginning on the date on which-- 7#a7 the ,state enacts legislation described in section #c2 and 7#b7 the ,attorney ,general determines that the legislation of the ,state described in paragraph 7#a7 complies with the requirements of section #c4 7c7 ,use of funds ,funds awarded under this section may be used by a ,state to assist law enforcement agencies or the courts of the ,state in carrying out the provisions of the ,state legislation described in section #c4 7d7 ,application ,a ,state seeking a grant under this section shall submit to the ,director of the ,office of ,community ,oriented ,policing ,services an application at such time1 in such manner1 and containing such information1 as the ,director may reasonably require4 7e7 ,authorization of appropriations ,there is authorized to be appropriated such sums as may be necessary to carry out this section4 #e4 ,federal firearms prohibition ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#h77;,b77ii71 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 who is subject to a court order that-- 7,a7 was issued after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 7,b7 restrains such person from possessing a firearm2 7,c7 includes a finding by clear and convincing evidence that such person poses an imminent1 particularized1 and substantial risk of unlawfully using a firearm to cause death or serious physical injury to himself or herself or to another person2 and 7,d7 was initiated by a family member or law enforcement officer 7as such terms are defined under section #b of the ,protecting ,our ,communities and ,rights ,act of #bjai74 2 and 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#h77;,c77ii71 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-- 7,a7 was issued after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 7,b7 restrains such person from possessing a firearm2 7,c7 includes a finding by clear and convincing evidence that such person poses an imminent1 particularized1 and substantial risk of unlawfully using a firearm to cause death or serious physical injury to himself or herself or to another person2 and 7,d7 was initiated by a family member or law enforcement officer 7as such terms are defined under section #b of the ,protecting ,our ,communities and ,rights ,act of #bjai71 4 #f4 ,severability2 nonpreemption of ,state authority 7a7 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 or the application of such provision to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 or an amendment made by this ,act1 or the application of such provision to other persons or circumstances1 shall not be affected4 7b7 ,nonpreemption ,nothing in this ,act1 or an amendment made by this ,act1 shall be construed to-- 7#a7 limit the ability of a ,state to enact legislation with additional due process protections or additional rights for a respondent or subject of an extreme risk protection order2 or 7#b7 supersede or contradict any ,state authority or law established or enacted before or after the date of enactment of this ,act relating to the emergency removal of firearms from individuals determined to be an imminent danger to themselves or others4