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Code · BILL · 116th Congress · H.R. 1236 (Introduced in House) — To support State, Tribal, and local efforts to remove access to firearms from individuals who are a danger to themsel... · Sec. 2

Sec. 2. Definitions

432 words·~2 min read·/bill/116/hr/1236/ih/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The term eligible entity means— a State or Indian Tribe— that enacts legislation described in section 4; with respect to which the Attorney General determines that the legislation described in clause
(i)complies with the requirements of section 4; and that certifies to the Attorney General that the State or Indian Tribe shall— use the grant for the purposes described in section 3(b); and allocate not less than 25 percent of the amount received under a grant under section 3 for training for law enforcement; or a unit of local government or other public or private entity that— is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i), (ii),
(iii)of subparagraph (A); and certifies to the Attorney General that the unit of local government or entity shall— use the grant for the purposes described in section 3(b); and allocate not less than 25 percent of the amount received under a grant under section 3 for training for law enforcement. 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 one or more of the following: Prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving a firearm. Having a firearm removed or requiring the surrender of firearms from a named individual. The term firearm has the meaning given the term in section 921 of title 18, United States Code. 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 ). 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— engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or supervise sentenced criminal offenders. The term petitioner means an individual authorized under State or Tribal law to petition for an extreme risk protection order. The term State means— a State; the District of Columbia; the Commonwealth of Puerto Rico; and any other territory or possession of the United States. 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 ).
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