,,ii #aafth ,,congress #ast ,session ,s4 #g ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #c1 #bjai,mr4 ,rubio 7for himself1 ,mr4 ,reed1 ,mr4 ,king1 and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide family members of an individual who they fear is a danger to himself1 herself1 or others1 or law enforcement1 with new tools to prevent gun violence4 #a4 ,short title ,this ,act may be cited as the ,extreme ,risk ,protection ,order and ,violence ,prevention ,act of #bjai4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 each ,state and ,indian tribe should enact extreme risk protection order legislation described in part ,,nn of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh1 as added by section #c2 and 7#b7 such extreme risk protection order legislation is an important tool in the efforts of ,states and ,indian tribes to ensure that firearms and ammunition are kept out of the hands of individuals whom a court has determined to be a significant danger to themselves or others4 #c4 ,extreme ,risk ,protection ,order ,grant ,program 7a7 ,in general ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,nn ,extreme ,risk ,protection ,order ,grant ,program #cjda4 ,definitions ,in this title-- 7#a7 the terms ammunition and firearm have the meanings given those terms in section #iba7;a7 of title #ah1 ,united ,states ,code2 7#b7 the term extreme risk protection order means a written order1 issued by a ,state or tribal court or signed by a magistrate that1 for a period not to exceed #ab months-- 7,a7 prohibits the individual named in the order from having under the custody or control of the individual1 purchasing1 possessing1 or receiving any firearms2 and 7,b7 requires a firearm be removed2 7#c7 the term family or household member means1 with respect to an individual1 any-- 7,a7 individual related by blood1 marriage1 or adoption to the respondent2 7,b7 dating partner 7as defined in section #bbff of title #ah1 ,united ,states ,code7 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 an individual who resides or has resided with the respondent during the past year2 7,e7 a spouse or intimate partner 7as defined in section #bbff of title #ah1 ,united ,states ,code7 of the respondent2 7,f7 individual who has a biological or legal parent-child relationship with the respondent1 including a stepparent-stepchild and grandparent-grandchild relationship2 and 7,g7 any individual who is acting or has acted as the legal guardian of the respondent2 7#d7 the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd72 7#e7 the term petitioner means the law enforcement officer1 or family or household member of an individual1 who submits a petition for an extreme risk protection order under section #cjdb7;b77#a72 7#f7 the term qualifying ,state or tribal law means a law of a ,state or ,indian tribe that the ,attorney ,general has determined to be in compliance with the minimum requirements described in section #cjdb2 7#g7 the term respondent means an individual who is named in a petition for an extreme risk protection order under section #cjdb7;b77#a72 7#h7 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 ,states2 and 7#i7 the term temporary ex parte extreme risk protection order means a written order1 issued by a ,state court or signed by a magistrate prohibiting a named individual from possessing1 purchasing1 receiving1 or transporting a firearm after the date on which the order is issued until the date on which the hearing for the extreme risk protection order is held4 #cjdb4 ,extreme risk protection order legislation 7a7 ,enactment of extreme risk protection order legislation ,in order to receive a grant under section #cjdc1 each ,state or ,indian tribe shall have in effect a qualifying ,state or tribal law4 7b7 ,minimum requirements for extreme risk protection orders ,a qualifying ,state or tribal law shall have in effect the following minimum requirements for the issuance of an extreme risk protection order3 7#a7 ,petition for extreme risk protection order 7,a7 ,in general ,a law enforcement officer1 or family or household member of an individual1 may submit a petition to a ,state or tribal court1 on a form designed by the courts administrator of the ,state or similar office1 that-- 7i7 describes the facts and circumstances necessitating that an extreme risk protection order be issued against the respondent because the respondent poses a significant danger of causing personal injury to himself or herself or others by-- 7,i7 having a firearm or ammunition in his or her custody or control2 or 7,,ii7 purchasing1 possessing1 or receiving a firearm or ammunition2 7ii7 is accompanied by a sworn affidavit1 signed by the petitioner1 stating the specific facts that give rise to reasonable fear of significant dangerous acts by the respondent2 7iii7 identifies the quantities1 types1 and locations of all firearms and ammunition the petitioner believes to be in the current ownership1 possession1 custody1 or control of the respondent2 and 7iv7 identifies whether there is a known extreme risk protection order already in effect against the respondent4 7,b7 ,good faith notice ,a petitioner who submits a petition under subparagraph 7,a7 shall be required to make a good faith effort to provide notice to other family or household members of the respondent1 or to any other known third party1 who may be at risk of violence because of the submission of such petition4 7#b7 ,issuance of extreme risk protection orders 7,a7 ,hearing 7i7 ,in general ,upon receipt of a petition under paragraph 7#a71 the court shall-- 7,i7 order a hearing to be held not later than #ad days after the date of such order2 and 7,,ii7 issue a notice of the hearing ordered under subclause 7,i7 to the respondent4 7ii7 ,telephone hearing ,a court may conduct the hearing required under clause 7i7 by telephone1 pursuant to local court rules4 7iii7 ,determination ,if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control1 or by purchasing1 possessing1 or receiving1 a firearm or ammunition1 the court shall issue an extreme risk protection order for a period the court determines is appropriate1 which may not exceed #ab months4 7,b7 ,consideration of evidence 7i7 ,in general ,in determining whether to issue an extreme risk protection order1 the court-- 7,i7 may consider relevant evidence1 such as-- 7aa7 a recent threat or act of violence by the respondent against himself or herself or others2 7bb7 a threat or act of violence by the respondent against himself or herself or others in the past #ab months2 7cc7 evidence of a serious mental illness2 7dd7 a previously issued extreme risk protection order or a violation of a previously issued extreme risk protection order2 7ee7 whether the respondent has been convicted of a crime of domestic violence or other violence2 7ff7 whether the respondent has used or threatened to use weapons against himself or herself or others2 7gg7 the unlawful use of a firearm by the respondent2 7hh7 the recurring use or threat of use of physical force against another person or stalking another person2 7ii7 corroborated evidence of the abuse of controlled substances or alcohol by the respondent2 7jj7 relevant information from family or household members concerning the respondent2 and 7kk7 witness testimony taken while the witness is under oath relating to the matter before the court2 and 7,,ii7 shall consider whether a mental health evaluation or chemical dependency evaluation is appropriate4 7ii7 ,presentation of evidence ,anyone who offers evidence or recommendations relating to the petition submitted under paragraph 7#a7 shall-- 7,i7 present the evidence or recommendations in writing to the court and submit a copy of such evidence or recommendations to each party or the attorney for a party2 or 7,,ii7 present the evidence under oath at a hearing at which all parties are present4 7iii7 ,mental health and chemical dependency evaluations ,if a court determines that a mental health evaluation or chemical dependency evaluation is appropriate under clause 7i77,,ii71 the court may order the appropriate evaluation4 7,c7 ,contents of order ,if a court issues an extreme risk protection order1 the order shall contain-- 7i7 a statement on the grounds supporting the issuance of the order2 7ii7 the date on which the order was issued2 7iii7 the date on which the order expires2 7iv7 whether a mental health evaluation or chemical dependency evaluation of the respondent is required2 7v7 the address of the court in which a responsive pleading may be filed2 7vi7 a description of the requirements for surrender of all firearms and ammunition owned by the respondent2 and 7vii7 a clear statement of instruction on surrendering to the appropriate local law enforcement agency all firearms and ammunition owned by the respondent or in the custody1 control1 or possession of the respondent and any license to carry a concealed weapon or firearm issued pursuant to the laws of the ,state or ,indian tribe1 which shall include-- 7,i7 a clear statement that the respondent may not1 during the period for which the order is in effect-- 7aa7 have in the control or custody of the respondent a firearm or ammunition2 or 7bb7 purchase1 possess1 or receive1 or attempt to do so1 a firearm or ammunition2 and 7,,ii7 a clear description of the right of the respondent to request not less than #a hearing to vacate the order and1 if the order is renewed1 to request a hearing to vacate such renewal4 7,d7 ,denial of extreme risk protection order ,if a court declines to issue an extreme risk protection order applied for under this paragraph1 the court shall issue a written statement describing the specific reasons for declining to issue such order4 7#c7 ,temporary ex parte extreme risk protection order 7,a7 ,in general ,upon receipt of a petition under paragraph 7#a71 the court may issue a temporary ex parte extreme risk protection order before conducting the hearing required under paragraph 7#b71 if-- 7i7 a request for a temporary ex parte extreme risk protection order is included in the petition and includes detailed allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to himself or herself or others in the near future by having in his or her custody or control1 or by purchasing1 possessing1 or receiving1 a firearm or ammunition2 and 7ii7 the court finds there is probable cause to believe that the respondent poses a significant danger of causing personal injury to himself or herself or others in the near future by having in his or her custody or control1 or by purchasing1 possessing1 or receiving1 a firearm or ammunition4 7,b7 ,requirements ,in determining whether to issue a temporary ex parte extreme risk protection order1 the court shall-- 7i7 conduct a hearing1 either in person or by telephone1 pursuant to local court rules1 on the date on which the petition is filed or on the business day immediately following such date2 and 7ii7 consider all relevant evidence1 such as-- 7,i7 a recent threat or act of violence by the respondent against himself or herself or others2 7,,ii7 a threat or act of violence by the respondent against himself or herself or others in the past #ab months2 7,,iii7 evidence of a serious mental illness2 7,,iv7 a previously issued extreme risk protection order or a violation of a previously issued extreme risk protection order2 7,v7 whether the respondent has been convicted of a crime of domestic violence or other violence2 7,,vi7 whether the respondent has used or threatened to use weapons against himself or herself or others2 7,,vii7 the unlawful use of a firearm by the respondent2 7,,viii7 the recurring use or threat of use of physical force against another person or stalking another person2 7,,ix7 corroborated evidence of the abuse of controlled substances or alcohol by the respondent2 7,x7 relevant information from family or household members concerning the respondent2 and 7,,xi7 witness testimony taken while the witness is under oath relating to the matter before the court4 7,c7 ,notice ,if a court issues a temporary ex parte extreme risk protection order1 the court shall provide notice of the temporary ex parte firearm violence order to the respondent concurrently with the notice of hearing required under paragraph 7#b77;,a77i77,,ii74 7,d7 ,contents of order ,if a court issues a temporary ex parte extreme risk protection order1 the order shall include1 at a minimum-- 7i7 a statement for the grounds of the order2 7ii7 the date on which the order was issued2 7iii7 the date and time of the hearing on the extreme risk protection order2 7iv7 the address of the court in which a responsive pleading may be filed2 7v7 a clear description of the requirements and process for surrender of firearms and ammunition2 and 7vi7 a clear statement outlining the prohibitions and rights of the respondent under the order1 including-- 7,i7 a clear statement that the respondent may consult an attorney2 and 7,,ii7 a clear statement that failure of the respondent to appear at the hearing described in clause 7iii7 may result in an extreme risk protection order being issued for a period not to exceed #ab months4 7#d7 ,termination and extension of extreme risk protection orders 7,a7 ,hearing to vacate order 7i7 ,in general ,a respondent may request not less than #a hearing to vacate an extreme risk protection order issued against the respondent4 7ii7 ,hearing ,not later than #cj days after the date on which a petitioner is notified of the request of the respondent to vacate an extreme risk protection order1 the court shall conduct a hearing on the request4 7iii7 ,determination 7,i7 ,in general ,the court shall vacate an extreme risk protection order if the respondent demonstrates by clear and convincing evidence that the respondent does not pose a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control1 or by purchasing1 possessing1 or receiving1 a firearm or ammunition4 7,,ii7 ,considerations ,in making a determination under this subparagraph1 the court may consider relevant evidence1 such as-- 7aa7 a recent threat or act of violence by the respondent against himself or herself or others2 7bb7 a threat or act of violence by the respondent against himself or herself or others in the past #ab months2 7cc7 evidence of a serious mental illness2 7dd7 a previously issued extreme risk protection order or a violation of a previously issued extreme risk protection order2 7ee7 whether the respondent has been convicted of a crime of domestic violence or other violence2 7ff7 whether the respondent has used or threatened to use weapons against himself or herself or others2 7gg7 the unlawful use of a firearm by the respondent2 7hh7 the recurring use or threat of use of physical force against another person or stalking another person2 7ii7 corroborated evidence of the abuse of controlled substances or alcohol by the respondent2 7jj7 relevant information from family or household members concerning the respondent2 and 7kk7 witness testimony taken while the witness is under oath relating to the matter before the court4 7iv7 ,notice to law enforcement officials ,if a court vacates an extreme risk protection order under this subparagraph1 the court shall provide notice to the relevant law enforcement agency of such determination and the law enforcement agency shall promptly return any surrendered firearms and ammunition to the respondent4 7,b7 ,extension of order 7i7 ,notice to petitioner ,not later than #cj days before the date on which an extreme risk protection order is set to expire1 the court shall provide notice to the petitioner of such expiration date4 7ii7 ,request for extension ,during the #cj-;day period described in clause 7i71 a petitioner may submit a request to extend the extreme risk protection order4 7iii7 ,hearing ,upon receipt of a request for an extension under clause 7ii71 the court shall schedule1 provide notice for1 and conduct a hearing in accordance with the requirements described in paragraph 7#b77;,a74 7iv7 ,determination ,if a court finds that there is clear and convincing evidence that the respondent poses a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control1 or by purchasing1 possessing1 or receiving1 a firearm or ammunition1 the court shall extend the extreme risk protection order for a period the court determines is appropriate1 which may not exceed #ab months4 7#e7 ,authority to submit petition ,for purposes of this subsection1 a qualifying ,state or ,tribal law shall be considered to have met the minimum requirement described in paragraph 7#a77;,a7 if1 under the qualifying ,state or ,tribal law1 only a law enforcement officer is authorized to submit a petition for an extreme risk protection order4 7c7 ,minimum requirements for surrender of firearms and ammunition ,a qualifying ,state or tribal law shall have in effect the following minimum requirements for the surrender of firearms and ammunition3 7#a7 ,surrender of firearms and ammunition ,upon issuance of a temporary ex parte extreme risk protection order or extreme risk protection order under subsection 7b71 a respondent shall surrender all firearms and ammunition in the custody or control of the respondent to the appropriate local law enforcement agency1 as determined by the ,state or ,indian tribe4 7#b7 ,receipt for surrendered firearms and ammunition ,the local law enforcement agency that takes custody of any firearms or ammunition surrendered under paragraph 7#a7 shall-- 7,a7 issue to the respondent a receipt identifying all firearms and ammunition that have been surrendered2 and 7,b7 not later than #gb hours after taking custody of the firearms and ammunition1 file a copy of such receipt with the court4 7#c7 ,issuance of warrant ,if a court receives sworn testimony from an individual alleging that not all firearms required to be surrendered by a respondent under a temporary ex parte extreme risk protection order or extreme risk protection order have been surrendered1 the court shall issue a warrant for the seizure of the remaining firearms or ammunition if the court determines that probable cause exists to believe the respondent has failed to surrender any firearms or ammunition4 7d7 ,other requirements ,a qualifying ,state or tribal law shall-- 7#a7 make clear accommodations for the case in which an individual other than the respondent claims title to any firearms or ammunition required to be surrendered under a temporary ex parte extreme risk protection order or extreme risk protection order2 7#b7 have clear instruction about the immediate return of firearms to a respondent upon the expiration of a temporary ex parte extreme risk protection order or extreme risk protection order2 7#c7 provide clear instructions for the reporting of a temporary ex parte extreme risk protection order or extreme risk protection order to the appropriate ,federal1 ,state1 and tribal databases2 7#d7 establish a felony criminal offense for knowingly making a false statement under oath in a hearing relating to a temporary ex parte extreme risk protection order or extreme risk protection order regarding any material matter2 7#e7 establish a felony criminal offense for an individual to receive or possess a firearm or ammunition with knowledge that the individual is subject to a temporary ex parte extreme risk protection order or extreme risk protection order2 7#f7 a clear statement that use of the authority in the qualifying ,state or tribal law does not affect the ability of a law enforcement officer to use any other lawful authority to effect the surrender of a firearm1 ammunition1 or concealed carry permit2 and 7#g7 clear direction for ,state or tribal courts to implement the procedures described in this section4 7e7 ,additional authority ,a qualifying ,state or tribal law may provide for-- 7#a7 notice and hearing requirements in addition to the requirements described in this section2 7#b7 a timely background check under ,federal and ,state law before a law enforcement agency returns any surrendered firearms and ammunition to a respondent after the expiration of a temporary ex parte extreme risk protection order or extreme risk protection order2 7#c7 a requirement that family or household members of a respondent be notified before a law enforcement agency returns any surrendered firearms and ammunition to the respondent2 and 7#d7 an option for a respondent to elect to transfer all firearms and ammunition owned by the respondent that have been ordered to be surrendered or seized to another individual who is willing to receive them1 if such individual-- 7,a7 is currently eligible to own or possess such firearms and ammunition under ,federal and ,state law1 and a background check is conducted2 7,b7 attests to storing the firearms or ammunition in a manner so that respondent does not have access2 and 7,c7 attests to not transfer the firearms or ammunition back to respondent until after the date on which the order expires or is vacated4 7f7 ,limitations ,a qualifying ,state or tribal law may not-- 7#a7 at any point require or allow for the surrender of any firearm or ammunition without the issuance of a court order2 7#b7 provide for the issuance of a temporary ex parte extreme risk protection order or extreme risk protection order without sworn affidavits or testimony2 7#c7 establish criminal penalties for false allegations or false testimony in connection with a temporary ex parte extreme risk protection order or extreme risk protection order that are less than a felony under ,state or tribal law2 7#d7 allow for witness testimony in connection with a temporary ex parte extreme risk protection order or extreme risk protection order that is not sworn or under oath2 7#e7 prohibit or otherwise discourage the respondent from consulting or retaining an attorney2 7#f7 allow a law enforcement officer or other custodian of a firearm or any ammunition surrendered pursuant to a court order under the qualifying ,state or tribal law to destroy1 disable1 sell1 assert ownership over1 dispose of1 use or otherwise employ1 harm1 or dispense with the firearm or ammunition2 or 7#g7 allow for the ordering of a sequential series of ex parte extreme risk protection orders against a respondent based on the same evidence used to order the initial ex parte extreme risk protection order against the respondent4 7g7 ,rule of construction ,nothing in subsection 7f77#a7 shall be construed to limit or have an effect on any ,state or ,federal law other than a qualifying ,state or tribal law4 #cjdc4 ,violence ,prevention ,grant ,program 7a7 ,in general ,the ,assistant ,attorney ,general shall make grants to an eligible ,state or ,indian tribe to assist the ,state or ,indian tribe in carrying out the provisions of a qualifying ,state or tribal law4 7b7 ,eligible ,state or ,indian tribe 7#a7 ,in general ,except as provided in paragraph 7#b71 a ,state or ,indian tribe shall be eligible to receive grants under this section on and after the date on which-- 7,a7 the ,state or ,indian tribe enacts a qualifying ,state or tribal law2 and 7,b7 the ,attorney ,general determines that the ,state or tribal law complies with the requirements of section #cjdb4 7#b7 ,first year eligibility exception 7,a7 ,in general ,a covered ,state or ,indian tribe shall be eligible to receive a grant under this section during the #a-year period beginning on the date of enactment of this part4 7,b7 ,covered ,state or ,indian tribe ,in this paragraph1 the term covered ,state or ,indian tribe means a ,state or ,indian tribe that1 before the date of enactment of this part1 enacted legislation that-- 7i7 authorizes the issuance of a gun violence restraining order or extreme risk protection order similar to a violence prevention order described in this part2 and 7ii7 requires a standard of proof for the issuance of a gun violence restraining order or extreme risk protection order described in clause 7i7 that is substantially similar to the standard of proof required under this part4 7c7 ,use of funds ,funds awarded under this section may be used by a ,state or ,indian tribe to assist law enforcement agencies or the courts of the ,state or ,indian tribe in carrying out the provisions of the qualifying ,state or tribal law4 7d7 ,application ,an eligible ,state or ,indian tribe desiring a grant under this section shall submit to the ,assistant ,attorney ,general an application at such time1 in such manner1 and containing or accompanied by such information1 as the ,assistant ,attorney ,general may reasonably require4 7e7 ,incentives ,for each of fiscal years #bjai through #bjbc1 the ,attorney ,general shall give affirmative preference to all ,bureau of ,justice ,assistance discretionary grant applications of a ,state or ,indian tribe that has enacted a qualifying ,state or tribal law4 #cjdd4 ,full faith and credit ,any violence prevention order issued under a ,state or tribal law enacted in accordance with this part shall have the same full faith and credit in every court within the ,united ,states as they have by law or usage in the courts of such ,state or ,indian tribe from which they are issued4 4 7b7 ,authorization of appropriations ,section #ajja7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbfa7;a77 is amended by adding at the end the following3 7#bh7 ,there are authorized to be appropriated to carry out part ,,nn #bj1jjj1jjj for each of fiscal years #bjai through #bjbc4 4 #d4 ,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-- 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 and purchasing a firearm2 and 7,c7 includes a finding that such person poses a significant danger of causing personal injury to himself or herself or other persons4 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 and purchasing a firearm2 and 7,c7 includes a finding that such person poses a significant danger of causing personal injury to himself or herself or other persons1 4 #e4 ,severability2 rules of construction 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 ,rules of construction ,nothing in this ,act1 or an amendment made by this ,act1 shall be construed to-- 7#a7 limit the ability of a ,state or ,indian tribe to enact legislation with additional due process protections1 additional rights for a respondent or subject of an extreme risk protection order1 or higher standards of proof2 or 7#b7 supersede or contradict any ,state or tribal law enacted before or after the date of enactment of this ,act relating to the removal of firearms from individuals determined to be a danger to themselves or others4