[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 506 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 506
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 14, 2019
Mrs. Feinstein (for herself, Mr. Blumenthal, Mr. Murphy, Mr. Markey,
Mrs. Shaheen, Mrs. Gillibrand, Mr. Sanders, Ms. Harris, Mr. Durbin, Ms.
Baldwin, Mr. King, Mr. Casey, Mr. Menendez, Mr. Schatz, Ms. Warren, Mr.
Booker, Mr. Van Hollen, Ms. Hassan, Mr. Cardin, and Ms. Cantwell)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extreme Risk Protection Order Act of
2019''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or Indian Tribe--
(i) that enacts legislation described in
section 4;
(ii) with respect to which the Attorney
General determines that the legislation
described in clause (i) complies with the
requirements of section 4; and
(iii) that certifies to the Attorney
General that the State or Indian Tribe shall--
(I) use the grant for the purposes
described in section 3(b); and
(II) allocate not less than 25
percent of the amount received under a
grant under section 3 for training for
law enforcement; or
(B) a unit of local government or other public or
private entity that--
(i) is located in a State or in the
territory under the jurisdiction of an Indian
Tribe that meets the requirements described in
clauses (i) and (ii) of subparagraph (A); and
(ii) certifies to the Attorney General that
the unit of local government or entity shall--
(I) use the grant for the purposes
described in section 3(b); and
(II) allocate not less than 25
percent of the amount received under a
grant under section 3 for training for
law enforcement.
(2) Extreme risk protection order.--The term ``extreme risk
protection order'' means a written order or warrant, issued by
a State or Tribal court or signed by a magistrate (or other
comparable judicial officer), the primary purpose of which is
to reduce the risk of firearm-related death or injury by doing
1 or more of the following:
(A) Prohibiting a named individual from having
under the custody or control of the individual, owning,
purchasing, possessing, or receiving a firearm.
(B) Having a firearm removed or requiring the
surrender of firearms from a named individual.
(3) Firearm.--The term ``firearm'' has the meaning given
the term in section 921 of title 18, United States Code.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 1709 of the
Public Safety and Community Policing Act of 1994 (34 U.S.C.
10389).
(5) Law enforcement officer.--The term ``law enforcement
officer'' means a public servant authorized by State, local, or
Tribal law or by a State, local, or Tribal government agency
to--
(A) engage in or supervise the prevention,
detection, investigation, or prosecution of an offense;
or
(B) supervise sentenced criminal offenders.
(6) Petitioner.--The term ``petitioner'' means an
individual authorized under State or Tribal law to petition for
an extreme risk protection order.
(7) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(8) Unit of local government.--The term ``unit of local
government'' has the meaning given the term in section 901 of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10251).
SEC. 3. EXTREME RISK PROTECTION GRANT PROGRAM.
(a) In General.--The Director of the Office of Community Oriented
Policing Services of the Department of Justice shall establish a
program under which, from amounts made available to carry out this
section, the Director may make grants to eligible entities to assist in
carrying out the provisions of the legislation described in section 4.
(b) Use of Funds.--Funds awarded under this section may be used by
an applicant to--
(1) enhance the capacity of law enforcement agencies and
the courts of a State, unit of local government, or Indian
Tribe by providing personnel, training, technical assistance,
data collection, and other resources to carry out legislation
described in section 4;
(2) train judges, court personnel, 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 violence;
(3) develop and implement law enforcement and court
protocols, forms, and orders so that law enforcement agencies
and the courts may carry out the provisions of the legislation
described in section 4 in a safe and effective manner,
including through the removal and storage of firearms pursuant
to extreme risk protection orders under the legislation; and
(4) raise public awareness and understanding of the
legislation described in section 4 so that extreme risk
protection orders may be issued in appropriate situations to
reduce the risk of firearms-related death and injury.
(c) Application.--An eligible entity desiring a grant under this
section shall submit to the Attorney General an application at such
time, in such manner, and containing or accompanied by such information
as the Attorney General may reasonably require.
(d) Incentives.--For each of fiscal years 2020 through 2024, 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
4.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 4. NATIONAL EXTREME RISK PROTECTION ORDER LAW.
(a) Requirements.--Legislation described in this section is
legislation that establishes requirements that are substantially
similar to the following:
(1) Application for extreme risk protection order.--A
petitioner, including a law enforcement officer, may submit an
application to a State or Tribal court, on a form designed by
the court or a State or Tribal agency, that--
(A) describes the facts and circumstances
justifying that an extreme risk protection order be
issued against the named individual; and
(B) is signed by the applicant, under oath.
(2) Notice.--The individual named in an application for an
extreme risk protection order as described in paragraph (1)
shall be given written notice of the application and an
opportunity to be heard on the matter in accordance with this
section.
(3) Issuance of extreme risk protection orders.--
(A) Hearing.--
(i) In general.--Upon receipt of an
application described in paragraph (1), the
court shall order a hearing to be held not
later than 30 days after the date of such
application.
(ii) Determination.--If the court finds by
a preponderance of the evidence that the
respondent poses a danger of causing harm to
himself, herself, or others by having access to
a firearm, the court may issue an extreme risk
protection order.
(B) Length of extreme risk protection order.--An
extreme risk protection order shall be in effect for a
period not to exceed 1 year, unless renewed.
(4) Ex parte extreme risk protection orders.--
(A) In general.--Upon receipt of an application
described in paragraph (1), the court may issue an ex
parte extreme risk protection order before conducting
the hearing required under paragraph (3), if--
(i) the application for an extreme risk
protection order alleges that the respondent
poses a danger of causing harm to himself,
herself, or others in the near future by having
access to a firearm; and
(ii) the court finds there is reasonable
cause to believe that the respondent poses a
danger of causing harm to himself, herself, or
others in the near future by having access to a
firearm.
(B) 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 30 days, unless
continued for good cause.
(5) 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 firearms, except that the legislation
may authorize a law enforcement agency to--
(A) contract with a manufacturer, dealer, or
importer licensed under chapter 44 of title 18, United
States Code, for the secure storage of firearms; and
(B) transfer the firearm upon proof that the named
individual will no longer have access to the firearm.
(6) Notification.--
(A) 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 agency, as applicable, of the order as soon as
practicable. Such notice shall be submitted in an
electronic format, in a manner prescribed by the
Department of Justice or the comparable State or Tribal
agency.
(B) Update of databases.--As soon as practicable
after receiving a notification under subparagraph (A),
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 System.
(7) Confidentiality protections.--All personally
identifiable information provided to the court, the Department
of Justice, and comparable State or Tribal agencies shall be
kept confidential, except as necessary to carry out the
legislation.
(b) Additional Authorities.--Legislation described in this section
may--
(1) provide procedures for the termination of an extreme
risk protection order;
(2) provide procedures for the renewal of an extreme risk
protection order;
(3) establish burdens of proof for issuance of orders
described in paragraphs (3) and (4) of subsection (a) that are
higher than the burdens of proof required under those
paragraphs; and
(4) limit the individuals who may submit an application
described in subsection (a)(1), provided that, at a minimum,
law enforcement officers are authorized to do so.
SEC. 5. FEDERAL FIREARMS PROHIBITION.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (8)(B)(ii), by striking ``or'' at
the end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) is subject to a court order that prohibits such
person from having under his or her custody or control, owning,
purchasing, possessing, or receiving any firearms, or requires
the surrender or removal of firearms from the person, provided
that the order--
``(A) is issued in a manner consistent with the due
process rights of the person; and
``(B) is based on a finding that the person poses a
danger of causing harm to himself, herself, or others
by having access to a firearm.''; and
(2) in subsection (g)--
(A) in paragraph (8)(C)(ii), by striking ``or'' at
the end;
(B) in paragraph (9), by striking the comma at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) is subject to a court order that prohibits such
person from having under his or her custody or control, owning,
purchasing, possessing, or receiving any firearms, or requires
the surrender or removal of firearms from the person, provided
that the order--
``(A) is issued in a manner consistent with the due
process rights of the person; and
``(B) is based on a finding that the person poses a
danger of causing harm to himself, herself, or others
by having access to a firearm,''.
SEC. 6. CONFORMING AMENDMENT.
Section 3(1) of the NICS Improvement Amendments Act of 2007 (34
U.S.C. 40903(1)) is amended by striking ``section 922(g)(8)'' and
inserting ``paragraph (8) or (10) of section 922(g)''.
SEC. 7. 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 (the
enforcing State or Indian Tribe) 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 Tribe.
SEC. 8. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be invalid, the remainder of this Act, or an amendment made by
this Act, or the application of such provision to other persons or
circumstances, shall not be affected.
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