Federal Extreme Risk Protection Order Act of 2023

Federal Extreme Risk Protection Order Act of 2023

This 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 bill

• authorizes 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; and
• requires 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.

Bill 118 hr 3018, also known as the Federal Extreme Risk Protection Order Act of 2023, is a piece of legislation currently being considered by the US Congress. The purpose of this bill is to establish a federal framework for Extreme Risk Protection Orders (ERPOs), which are court orders that temporarily restrict an individual's access to firearms if they are deemed to be a danger to themselves or others.

Under this bill, ERPOs can be requested by law enforcement officers, family members, or household members who believe that an individual poses a risk of harm. A court would then review the evidence presented and, if deemed necessary, issue an order prohibiting the individual from purchasing or possessing firearms for a specified period of time.

The bill also includes provisions for due process, including the right for the individual to challenge the ERPO in court and have a hearing within a certain timeframe. Additionally, the bill includes penalties for individuals who falsely report someone as a danger in order to obtain an ERPO. Overall, the Federal Extreme Risk Protection Order Act of 2023 aims to provide a mechanism for temporarily removing firearms from individuals who pose a risk of harm to themselves or others, while also ensuring that due process rights are protected.