Fair Legal Access Grants Act
- Bill Number
- H.R. 7171
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2026-01-21: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-03-02T16:15:02Z
AI-Generated Summary
Purpose
The Fair Legal Access Grants Act (H.R. 7171) aims to support individuals seeking extreme risk protection orders (ERPOs)—court orders that temporarily restrict a person's access to firearms if they pose a risk of harm to themselves or others—by providing federal grants for legal assistance. This helps ensure that people who need these protective measures can access them more easily, without facing undue legal barriers.
Key Provisions
- Definitions:
- Covered petitioner: An individual eligible to request an ERPO from a state or tribal court.
- Extreme risk protection order (ERPO): A court-issued order primarily designed to prevent firearm-related deaths or injuries by prohibiting firearm possession, purchase, or requiring surrender of firearms.
- Firearm: Defined as per federal law (18 U.S.C. § 921), generally meaning any gun or device that expels a projectile using an explosive.
- Grant Program: The U.S. Attorney General is authorized to award grants to states, local governments, and tribal governments to provide legal resources for covered petitioners. Eligible uses of funds include:
- Offering access to lawyers, interpreters, and translation services.
- Creating legal resource centers to distribute information on ERPO processes, with a focus on non-English languages.
- Hiring staff (e.g., in district attorneys' offices or law enforcement) to process petitions or act as coordinators.
- Providing subgrants to nonprofit organizations for community legal aid.
- Training legal providers, law enforcement, prosecutors, and court staff on ERPOs, including how they differ from domestic violence protection orders (which focus on abuse in relationships).
- Funding: Authorizes $50 million annually from fiscal years 2028 through 2034 to implement the program.
- Federal Court Jurisdiction Limit: Federal courts cannot hear lawsuits (from federal, state, tribal, or local sources) against covered petitioners who file ERPO requests, unless the petition is proven false or intended to harass.
Significant Changes to Existing Law
- Amends the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10151 et seq.) by adding a new Section 509 (redesignating the existing Section 509 as 510), which introduces the grant program for ERPO legal support—a provision not previously in the law.
- Establishes new protections against federal lawsuits for good-faith ERPO filers, creating a barrier to legal challenges that could deter such petitions.
Potential Impacts
- On Citizens: Increases access to free or low-cost legal help for filing ERPOs, potentially making it easier for family members, law enforcement, or others to intervene in situations involving firearm risks (e.g., threats of suicide or violence). This could lead to more ERPOs being sought and granted, enhancing public safety from gun-related harm.
- On Government Agencies: The Department of Justice (via the Attorney General) gains responsibility for administering grants, while state, local, and tribal governments can apply for and use funds to build capacity in courts and legal services. Law enforcement and prosecutors may see expanded roles in processing and training for ERPOs.
- On International Relations: No direct impacts, as the bill focuses on domestic U.S. firearm policy and legal processes.
- Broader Effects: Could reduce barriers for underserved communities (e.g., non-English speakers) and promote consistent use of ERPOs across jurisdictions, potentially lowering rates of firearm violence.
Main Stakeholders Affected
- Individuals Seeking Protection: Covered petitioners (e.g., family members or concerned parties) who benefit from legal aid to file ERPOs.
- Government Entities: State, local, and tribal governments, including courts, district attorneys, and law enforcement agencies that receive grants and implement programs.
- Nonprofit Organizations: Community legal aid groups eligible for subgrants to assist petitioners.
- Legal and Judicial Professionals: Lawyers, interpreters, prosecutors, and court staff who gain training and resources.
- Potential Respondents: Individuals subject to ERPOs, who may face firearm restrictions but are protected from baseless lawsuits against petitioners.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The jurisdiction limit shields good-faith ERPO filers from federal court interference, reducing the risk of retaliatory lawsuits and encouraging more filings. This could standardize ERPO processes but may raise questions about state versus federal authority in civil protection matters.
- Constitutional Implications: Relates to the Second Amendment (right to bear arms) by supporting temporary firearm restrictions for public safety, balanced against due process rights for both petitioners and respondents. It does not alter core gun rights but facilitates state-level "red flag" laws already in place in some jurisdictions.
- Political Implications: Advances gun violence prevention efforts by funding supportive infrastructure for ERPOs, aligning with broader debates on mental health, domestic safety, and firearm regulation without mandating new restrictions. The bill's bipartisan sponsorship (from Democrats) reflects targeted policy on access to existing legal tools.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (8)
Rep. Goldman, Daniel S. [D-NY-10], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Lynch, Stephen F. [D-MA-8], Rep. Frost, Maxwell [D-FL-10], Rep. Moskowitz, Jared [D-FL-23], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. McBath, Lucy [D-GA-6], Rep. Schakowsky, Janice D. [D-IL-9]
Recent Actions
- 2026-01-21: Referred to the House Committee on the Judiciary.
- 2026-01-21: Introduced in House
- 2026-01-21: Introduced in House
Bill Versions
- Fair Legal Access Grants Act — issued 2026-01-21 — PDF (5 pages)