Sec. 4. National extreme risk protection order law
620 words·~3 min read·
/bill/116/hr/1236/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Legislation described in this section is legislation that establishes requirements that are substantially similar to the following: 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— describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and is signed by the applicant, under oath. 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. 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. 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. An extreme risk protection order shall be in effect for a period not to exceed 1 year, unless renewed. 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— 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 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. An ex parte extreme risk protection order shall be in effect for a period not to exceed 30 days, unless continued for good cause. 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— contract with a manufacturer, dealer, or importer licensed under chapter 44 of title 18, United States Code, for the secure storage of firearms; and transfer the firearm upon proof that the named individual will no longer have access to the firearm. 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. 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. 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. Legislation described in this section may— provide procedures for the termination of an extreme risk protection order; provide procedures for the renewal of an extreme risk protection order; 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 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.