,,ii #aafth ,,congress #ast ,session ,s4 #ejf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ad1 #bjai ,mrs4 ,feinstein 7for herself1 ,mr4 ,blumenthal1 ,mr4 ,murphy1 ,mr4 ,markey1 ,mrs4 ,shaheen1 ,mrs4 ,gillibrand1 ,mr4 ,sanders1 ,ms4 ,harris1 ,mr4 ,durbin1 ,ms4 ,baldwin1 ,mr4 ,king1 ,mr4 ,casey1 ,mr4 ,menendez1 ,mr4 ,schatz1 ,ms4 ,warren1 ,mr4 ,booker1 ,mr4 ,van ,hollen1 ,ms4 ,hassan1 ,mr4 ,cardin1 and ,ms4 ,cantwell7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to support ,state1 ,tribal1 and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose4 #a4 ,short title ,this ,act may be cited as the ,extreme ,risk ,protection ,order ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or ,indian ,tribe-- 7i7 that enacts legislation described in section #d2 7ii7 with respect to which the ,attorney ,general determines that the legislation described in clause 7i7 complies with the requirements of section #d2 and 7iii7 that certifies to the ,attorney ,general that the ,state or ,indian ,tribe shall-- 7,i7 use the grant for the purposes described in section #c7;b72 and 7,,ii7 allocate not less than #be percent of the amount received under a grant under section #c for training for law enforcement2 or 7,b7 a unit of local government or other public or private entity that-- 7i7 is located in a ,state or in the territory under the jurisdiction of an ,indian ,tribe that meets the requirements described in clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7ii7 certifies to the ,attorney ,general that the unit of local government or entity shall-- 7,i7 use the grant for the purposes described in section #c7;b72 and 7,,ii7 allocate not less than #be percent of the amount received under a grant under section #c for training for law enforcement4 7#b7 ,extreme risk protection order ,the term extreme risk protection order means a written order or warrant1 issued by a ,state or ,tribal court or signed by a magistrate 7or other comparable judicial officer71 the primary purpose of which is to reduce the risk of firearm-related death or injury by doing #a or more of the following3 7,a7 ,prohibiting a named individual from having under the custody or control of the individual1 owning1 purchasing1 possessing1 or receiving a firearm4 7,b7 ,having a firearm removed or requiring the surrender of firearms from a named individual4 7#c7 ,firearm ,the term firearm has the meaning given the term in section #iba of title #ah1 ,united ,states ,code4 7#d7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #agji of the ,public ,safety and ,community ,policing ,act of #aiid 7#cd ,u4,s4,c4 #ajchi74 7#e7 ,law enforcement officer ,the term law enforcement officer means a public servant authorized by ,state1 local1 or ,tribal law or by a ,state1 local1 or ,tribal government agency to-- 7,a7 engage in or supervise the prevention1 detection1 investigation1 or prosecution of an offense2 or 7,b7 supervise sentenced criminal offenders4 7#f7 ,petitioner ,the term petitioner means an individual authorized under ,state or ,tribal law to petition for an extreme risk protection order4 7#g7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#h7 ,unit of local government ,the term unit of local government has the meaning given the term in section #ija of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 #c4 ,extreme ,risk ,protection ,grant ,program 7a7 ,in general ,the ,director of the ,office of ,community ,oriented ,policing ,services of the ,department of ,justice shall establish a program under which1 from amounts made available to carry out this section1 the ,director may make grants to eligible entities to assist in carrying out the provisions of the legislation described in section #d4 7b7 ,use of funds ,funds awarded under this section may be used by an applicant to-- 7#a7 enhance the capacity of law enforcement agencies and the courts of a ,state1 unit of local government1 or ,indian ,tribe by providing personnel1 training1 technical assistance1 data collection1 and other resources to carry out legislation described in section #d2 7#b7 train judges1 court personnel1 and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence2 7#c7 develop and implement law enforcement and court protocols1 forms1 and orders so that law enforcement agencies and the courts may carry out the provisions of the legislation described in section #d in a safe and effective manner1 including through the removal and storage of firearms pursuant to extreme risk protection orders under the legislation2 and 7#d7 raise public awareness and understanding of the legislation described in section #d so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury4 7c7 ,application ,an eligible entity desiring a grant under this section shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing or accompanied by such information as the ,attorney ,general may reasonably require4 7d7 ,incentives ,for each of fiscal years #bjbj through #bjbd1 the ,attorney ,general shall give affirmative preference in awarding any discretionary grant awarded by the ,bureau of ,justice ,assistance to a ,state or ,indian ,tribe that has enacted legislation described in section #d4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #d4 ,national extreme risk protection order law 7a7 ,requirements ,legislation described in this section is legislation that establishes requirements that are substantially similar to the following3 7#a7 ,application for extreme risk protection order ,a petitioner1 including a law enforcement officer1 may submit an application to a ,state or ,tribal court1 on a form designed by the court or a ,state or ,tribal agency1 that-- 7,a7 describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual2 and 7,b7 is signed by the applicant1 under oath4 7#b7 ,notice ,the individual named in an application for an extreme risk protection order as described in paragraph 7#a7 shall be given written notice of the application and an opportunity to be heard on the matter in accordance with this section4 7#c7 ,issuance of extreme risk protection orders 7,a7 ,hearing 7i7 ,in general ,upon receipt of an application described in paragraph 7#a71 the court shall order a hearing to be held not later than #cj days after the date of such application4 7ii7 ,determination ,if the court finds by a preponderance of the evidence that the respondent poses a danger of causing harm to himself1 herself1 or others by having access to a firearm1 the court may issue an extreme risk protection order4 7,b7 ,length of extreme risk protection order ,an extreme risk protection order shall be in effect for a period not to exceed #a year1 unless renewed4 7#d7 ,ex parte extreme risk protection orders 7,a7 ,in general ,upon receipt of an application described in paragraph 7#a71 the court may issue an ex parte extreme risk protection order before conducting the hearing required under paragraph 7#c71 if-- 7i7 the application for an extreme risk protection order alleges that the respondent poses a danger of causing harm to himself1 herself1 or others in the near future by having access to a firearm2 and 7ii7 the court finds there is reasonable cause to believe that the respondent poses a danger of causing harm to himself1 herself1 or others in the near future by having access to a firearm4 7,b7 ,length of ex parte extreme risk protection order ,an ex parte extreme risk protection order shall be in effect for a period not to exceed #cj days1 unless continued for good cause4 7#e7 ,storage of removed firearms ,all firearms removed or surrendered pursuant to an extreme risk protection order shall be retained by a law enforcement officer or a law enforcement agency until the named individual regains his or her eligibility to possess firearms1 except that the legislation may authorize a law enforcement agency to-- 7,a7 contract with a manufacturer1 dealer1 or importer licensed under chapter #dd of title #ah1 ,united ,states ,code1 for the secure storage of firearms2 and 7,b7 transfer the firearm upon proof that the named individual will no longer have access to the firearm4 7#f7 ,notification 7,a7 ,in general ,a ,state or tribal court that issues an extreme risk protection order shall notify the ,department of ,justice or the comparable ,state or ,tribal agency1 as applicable1 of the order as soon as practicable4 ,such notice shall be submitted in an electronic format1 in a manner prescribed by the ,department of ,justice or the comparable ,state or ,tribal agency4 7,b7 ,update of databases ,as soon as practicable after receiving a notification under subparagraph 7,a71 the ,department of ,justice or the comparable ,state or ,tribal agency shall ensure the extreme risk protection order is reflected in the ,national ,instant ,criminal ,background ,check ,system4 7#g7 ,confidentiality protections ,all personally identifiable information provided to the court1 the ,department of ,justice1 and comparable ,state or ,tribal agencies shall be kept confidential1 except as necessary to carry out the legislation4 7b7 ,additional authorities ,legislation described in this section may-- 7#a7 provide procedures for the termination of an extreme risk protection order2 7#b7 provide procedures for the renewal of an extreme risk protection order2 7#c7 establish burdens of proof for issuance of orders described in paragraphs 7#c7 and 7#d7 of subsection 7a7 that are higher than the burdens of proof required under those paragraphs2 and 7#d7 limit the individuals who may submit an application described in subsection 7a77#a71 provided that1 at a minimum1 law enforcement officers are authorized to do so4 #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 is subject to a court order that prohibits such person from having under his or her custody or control1 owning1 purchasing1 possessing1 or receiving any firearms1 or requires the surrender or removal of firearms from the person1 provided that the order-- 7,a7 is issued in a manner consistent with the due process rights of the person2 and 7,b7 is based on a finding that the person poses a danger of causing harm to himself1 herself1 or others by having access to a firearm4 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 is subject to a court order that prohibits such person from having under his or her custody or control1 owning1 purchasing1 possessing1 or receiving any firearms1 or requires the surrender or removal of firearms from the person1 provided that the order-- 7,a7 is issued in a manner consistent with the due process rights of the person2 and 7,b7 is based on a finding that the person poses a danger of causing harm to himself1 herself1 or others by having access to a firearm1 4 #f4 ,conforming amendment ,section #c7a7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijc7a77 is amended by striking section #ibb7;g77#h7 and inserting paragraph 7#h7 or 7#aj7 of section #ibb7;g74 #g4 ,full faith and credit ,any extreme risk protection order issued under a ,state or ,tribal law enacted in accordance with this ,act shall be accorded the same full faith and credit by the court of another ,state or ,indian ,tribe 7the enforcing ,state or ,indian ,tribe7 and enforced by the court and law enforcement personnel of the other ,state or ,tribal government as if it were the order of the enforcing ,state or ,tribe4 #h4 ,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