Federal Extreme Risk Protection Order Act of 2026

Bill Number

H.R. 7599

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2026-02-17: Referred to the House Committee on the Judiciary.

Last Updated

2026-07-07T08:05:49Z

AI-Generated Summary

Purpose

The Federal Extreme Risk Protection Order Act of 2026 aims to prevent gun violence, suicides, and interpersonal harm by authorizing federal courts to issue temporary orders that restrict high-risk individuals from accessing firearms and ammunition. It establishes a framework for these "extreme risk protection orders" (ERPOs) at the federal level and provides grants to encourage states and tribes to adopt similar laws, while ensuring coordination with existing background check systems.

Key Provisions

• Definitions and Eligibility: Defines key terms like "Federal extreme risk protection order" (a court order prohibiting firearm purchase, possession, or receipt in interstate or foreign commerce), "family or household member" (broadly including relatives, dating partners, co-parents, recent cohabitants, domestic partners, and guardians), petitioner (family/household members or law enforcement), and respondent (the targeted individual). Applies to firearms and ammunition affecting interstate commerce.

• Petition Process: Family or household members or law enforcement can file petitions in U.S. district courts without fees. Petitions must include sworn affidavits detailing credible risks of imminent personal injury to self or others via firearms. Law enforcement petitioners can submit source identities under seal for confidentiality.

• Ex Parte (Emergency) Orders: Courts must decide petitions same-day (or next judicial business day if filed late). Issued on probable cause that the respondent poses an imminent risk and the order is necessary to prevent harm. Lasts up to 14 days or until a full hearing.

• Long-Term Orders: Require a hearing within 72 hours (if ex parte order issued) or 14 days otherwise, with notice and opportunity for the respondent to be heard. Respondent has right to counsel (court-provided if indigent). Issued on clear and convincing evidence of risk and necessity; lasts up to 180 days. Can be renewed if conditions persist, following similar procedures.

• Factors for Courts: Courts must consider recent threats/acts of violence (to self or others), animal cruelty, or substance abuse leading to violence. May also weigh reckless firearm use, history of violence, or explicit/implicit threats.

• Firearm Surrender and Return: Orders require immediate surrender of firearms, ammunition, and permits (e.g., concealed carry) to U.S. Marshals or designated officers. Service is personal where possible; alternatives allowed if needed. Receipts issued; non-compliance leads to forfeiture. Firearms returned upon order expiration if respondent is legally eligible (verified via background checks). Improperly seized items (e.g., belonging to others) can be transferred if safe.

• Penalties: Knowing false or frivolous petitions punishable by up to $5,000 fine and/or 5 years imprisonment.

• Reporting and Oversight: Courts report orders to Attorney General, mental health agencies, and law enforcement within 2 court days for database updates (e.g., National Instant Criminal Background Check System, or NICS). Annual reports to Congress on petitions, issuances, demographics, and firearms removed. Director of Administrative Office of U.S. Courts develops model policies for accessibility, including weekend filings and outreach.

• Training: Federal law enforcement must train on unbiased, equitable ERPO use, covering bias mitigation, domestic violence protocols, de-escalation, community outreach, and referrals to services (e.g., mental health, housing). Developed with input from experts like domestic violence providers and suicide prevention groups.

• Grant Program: Department of Justice awards grants to states, tribes, localities, or entities in jurisdictions with ERPO laws meeting federal standards (e.g., due process, hearings, notifications). Funds support training (25-70% allocation required), protocols, awareness, and implementation. Preferences for grant applicants in ERPO-enacting areas; annual reporting required. Authorizes necessary appropriations through FY 2030.

• State and Tribal Integration: Defines minimum standards for state/tribal ERPO laws (e.g., applications, hearings within 30 days, ex parte options, firearm storage/return). Ensures full faith and credit across jurisdictions for enforcement. Allows inclusion in national crime databases; records destroyed upon order expiration.

• Rule of Construction and Preemption: Does not alter existing domestic violence order laws; does not preempt state policies.

Significant Changes to Existing Law

• Adds New Section to Firearms Code: Inserts Section 935 into 18 U.S.C. Chapter 44 (Firearms) to create federal ERPOs, including processes for issuance, surrender, and reporting.

• Expands Firearm Prohibitions: Amends 18 U.S.C. § 922(d) and (g) to bar firearm sales/transfers or possession by those under federal or qualifying state/tribal ERPOs, treating them like other prohibitors (e.g., restraining orders).

• Forfeiture Updates: Modifies 18 U.S.C. § 924(d) to include ERPO violations in civil forfeiture provisions.

• Background Check Enhancements: Updates 28 U.S.C. § 534 to require collection/preservation of ERPO records in federal databases (with destruction post-expiration) and allows their inclusion in NICS. Amends NICS Improvement Amendments Act to reference new prohibitions.

• Effective Date and Severability: Takes effect 180 days after enactment; invalid provisions do not affect the rest.

Potential Impacts

• Government Agencies: Increases workload for federal courts (e.g., rapid hearings, reporting), U.S. Marshals (surrender/return logistics), DOJ (grants, training, database updates), and law enforcement (service, bias training). Mental health agencies must receive notifications. States/tribes may adopt similar laws for grants, enhancing local capacities but requiring new protocols.

• Citizens: Enables temporary (up to 180 days, renewable) firearm restrictions for at-risk individuals, potentially reducing suicides, domestic violence, and mass shootings. Protects petitioners and public by allowing preemptive action based on credible risks. Respondents face due process safeguards but temporary loss of gun rights; false petitions deterred by penalties. Broader awareness and training could improve crisis intervention and service referrals.

• International Relations: No direct impacts; focuses on domestic firearm regulation.

Main Stakeholders Affected

• Individuals and Families: Respondents (high-risk persons) subject to restrictions; petitioners (family/household members) empowered to seek protection; victims of potential violence (e.g., in domestic or suicide scenarios) indirectly benefited.

• Law Enforcement and Courts: Federal, state, tribal, and local officers handle petitions, service, and seizures; judges adjudicate with new standards and reporting duties.

• Government Entities: DOJ (grants, oversight), U.S. Marshals (firearm custody), Administrative Office of U.S. Courts (policies, reports), and mental health agencies (notifications).

• Communities and Organizations: Gun owners (affected by prohibitions); advocacy groups (e.g., domestic violence, suicide prevention, mental health providers) involved in training and outreach; states/tribes eligible for funding to implement ERPOs.

Notable Legal, Constitutional, or Political Implications

• Legal: Introduces civil process for temporary firearm removal without criminal charges, emphasizing probable cause for emergencies and clear/convincing evidence for longer terms. Integrates with NICS for enforcement but requires record destruction to limit permanence. Penalties address abuse; full faith and credit ensures nationwide enforceability of state/tribal orders.

• Constitutional: Incorporates due process via notice, hearings, counsel access, and evidentiary standards, balancing public safety against Second Amendment rights (temporary restrictions, not permanent bans). Potential for challenges on vagueness of "risk" or overbreadth, but includes bias training to promote equity. Does not expand tribal jurisdiction beyond existing civil authority.

• Political: Promotes federal-state cooperation via grants, incentivizing uniform ERPO adoption without mandating it. Bipartisan sponsorship (over 100 House members) reflects focus on targeted prevention rather than broad gun control; annual reporting enables oversight and data-driven adjustments.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. McBath, Lucy [D-GA-6]

Cosponsors (110)

Rep. Moskowitz, Jared [D-FL-23], Rep. Carbajal, Salud O. [D-CA-24], Rep. Sewell, Terri A. [D-AL-7], Rep. Ansari, Yassamin [D-AZ-3], Rep. Stanton, Greg [D-AZ-4], Rep. Thompson, Mike [D-CA-4], Rep. Matsui, Doris O. [D-CA-7], Rep. Garamendi, John [D-CA-8], Rep. DeSaulnier, Mark [D-CA-10], Rep. Simon, Lateefah [D-CA-12], Rep. Swalwell, Eric [D-CA-14], Rep. Mullin, Kevin [D-CA-15], Rep. Brownley, Julia [D-CA-26], Rep. Chu, Judy [D-CA-28], Rep. Torres, Norma J. [D-CA-35], Rep. Garcia, Robert [D-CA-42], Rep. Min, Dave [D-CA-47], Rep. Peters, Scott H. [D-CA-50], Rep. Vargas, Juan [D-CA-52], Rep. DeGette, Diana [D-CO-1], Rep. Neguse, Joe [D-CO-2], Rep. Crow, Jason [D-CO-6], Rep. Pettersen, Brittany [D-CO-7], Rep. Courtney, Joe [D-CT-2], Rep. Hayes, Jahana [D-CT-5], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Frost, Maxwell [D-FL-10], Rep. Castor, Kathy [D-FL-14], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Williams, Nikema [D-GA-5], Rep. Tokuda, Jill N. [D-HI-2], Rep. Kelly, Robin L. [D-IL-2], Rep. Ramirez, Delia C. [D-IL-3], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Quigley, Mike [D-IL-5], Rep. Casten, Sean [D-IL-6], Rep. Davis, Danny K. [D-IL-7], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Schneider, Bradley Scott [D-IL-10], Rep. Foster, Bill [D-IL-11], Rep. Underwood, Lauren [D-IL-14], Rep. Mrvan, Frank J. [D-IN-1], Rep. Carson, André [D-IN-7], Rep. McGarvey, Morgan [D-KY-3], Rep. Trahan, Lori [D-MA-3], Rep. Auchincloss, Jake [D-MA-4], Rep. Moulton, Seth [D-MA-6], Rep. Lynch, Stephen F. [D-MA-8] and 60 more

Recent Actions

• 2026-02-17: Referred to the House Committee on the Judiciary.
• 2026-02-17: Introduced in House
• 2026-02-17: Introduced in House

Bill Versions

• Federal Extreme Risk Protection Order Act of 2026 — issued 2026-02-17 — PDF (49 pages)