Extreme Risk Protection Order Expansion Act of 2023

1/22/2024, 7:00 PM

Extreme Risk Protection Order Expansion Act of 2023

This 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

  • 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 s 247, also known as the Extreme Risk Protection Order Expansion Act of 2023, is a piece of legislation currently being considered by the US Congress. The main purpose of this bill is to expand the use of Extreme Risk Protection Orders (ERPOs) in order to prevent individuals who are deemed to be a risk to themselves or others from possessing firearms.

Under the provisions of this bill, ERPOs would be available to law enforcement officers, family members, and household members of individuals who exhibit dangerous behavior or pose a threat to themselves or others. These individuals would be able to petition a court to temporarily remove firearms from the possession of the at-risk individual.

The bill also includes provisions for due process protections, including the requirement for a court hearing within a certain timeframe after an ERPO is issued. Additionally, the bill includes penalties for individuals who falsely petition for an ERPO in order to harass or intimidate someone. Overall, the Extreme Risk Protection Order Expansion Act of 2023 aims to provide a legal mechanism for removing firearms from individuals who are deemed to be a danger to themselves or others, while also ensuring that due process rights are protected.
Congress
118

Number
S - 247

Introduced on
2023-02-02

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

2/2/2023

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Extreme Risk Protection Order Expansion Act of 2023

This 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

  • 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 s 247, also known as the Extreme Risk Protection Order Expansion Act of 2023, is a piece of legislation currently being considered by the US Congress. The main purpose of this bill is to expand the use of Extreme Risk Protection Orders (ERPOs) in order to prevent individuals who are deemed to be a risk to themselves or others from possessing firearms.

Under the provisions of this bill, ERPOs would be available to law enforcement officers, family members, and household members of individuals who exhibit dangerous behavior or pose a threat to themselves or others. These individuals would be able to petition a court to temporarily remove firearms from the possession of the at-risk individual.

The bill also includes provisions for due process protections, including the requirement for a court hearing within a certain timeframe after an ERPO is issued. Additionally, the bill includes penalties for individuals who falsely petition for an ERPO in order to harass or intimidate someone. Overall, the Extreme Risk Protection Order Expansion Act of 2023 aims to provide a legal mechanism for removing firearms from individuals who are deemed to be a danger to themselves or others, while also ensuring that due process rights are protected.
Alternative Names
Official Title as IntroducedA bill to support State, Tribal, and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose.

Policy Areas
Crime and Law Enforcement

Potential Impact
Crime prevention•
Crime victims•
Criminal investigation, prosecution, interrogation•
Criminal justice information and records•
Disability and health-based discrimination•
Domestic violence and child abuse•
Drug, alcohol, tobacco use•
Due process and equal protection•
Employment and training programs•
Federal-Indian relations•
Firearms and explosives•
Government information and archives•
Health care coverage and access•
Intergovernmental relations•
Jurisdiction and venue•
Law enforcement administration and funding•
Law enforcement officers•
Mental health•
Racial and ethnic relations•
Religion•
Retail and wholesale trades•
Sex, gender, sexual orientation discrimination•
Social work, volunteer service, charitable organizations•
State and local government operations•
Veterans' pensions and compensation•
Violent crime•
Vocational and technical education

Comments

Recent Activity

Latest Summary5/4/2023

Extreme Risk Protection Order Expansion Act of 2023

This bill establishes grants to support the implementation of extreme risk protection order laws at the state and local levels, extends federal firearms restrictio...


Latest Action2/2/2023
Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S235)