Sec. 401. Extreme risk protection order grant program
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/bill/116/s/3254/is/section-401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term eligible entity means— a State or Indian Tribe— that enacts legislation described in subsection (c); with respect to which the Attorney General determines that the legislation described in subsection
(c)complies with the requirements of this section; and that certifies to the Attorney General that the State or Indian Tribe shall— use the grant for the purposes described in this section; and allocate not less than 25 percent of the amount received under a grant under this section 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 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 this section; and allocate not less than 25 percent of the amount received under a grant under this section for training for law enforcement. The term extreme risk protection order means a written order or warrant, issued by a State, Tribal, or local 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: 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 extreme risk protection order does not include a domestic violence protection order, as defined in section 2266 of title 18, United States Code. 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 Omnibus Crime Control and Safe Streets Act of 1968 ( 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— any 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 title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ). 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 this section. Funds awarded under this section may be used by an applicant to— 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 this section; 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; 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 this section in a safe and effective manner, including through the removal and storage of firearms pursuant to extreme risk protection orders under the legislation; and raise public awareness and understanding of the legislation described in this section so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury. 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. For each of fiscal years 2020 through 2024, the Attorney General shall give affirmative preference in awarding any discretionary grant awarded by the Office of Community Oriented Policing Services to a State or Indian Tribe that has enacted legislation described in this section. There are authorized to be appropriated such sums as are necessary to carry out this section. 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, 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 described in subparagraph
(A)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 subparagraph
(A)or request of an individual named in the application, the court shall order a hearing to be held within a reasonable time, no later than 30 days after the date on which the application or request is made. If the court finds by a preponderance of the evidence or a higher evidentiary standard established by a State that the respondent poses a danger of causing harm to the respondent 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— until an order terminating or superseding the order is issued; or for a set period of time. Upon receipt of an application described in subparagraph (A), the court may issue an ex parte extreme risk protection order, if— the application for an extreme risk protection order alleges that the respondent poses a danger of causing harm to the respondent or others by having access to a firearm; and the court finds there is reasonable cause to believe, or makes a finding under such other, higher evidentiary standard as a State may establish, that the respondent poses a danger of causing harm to the respondent or others by having access to a firearm. An ex parte extreme risk protection order shall remain in effect only until the hearing required under this section. 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 eligibility to possess firearms. A law enforcement agency may— contract with a manufacturer, dealer, or importer licensed under chapter 44 of title 18, United States Code, for the secure storage of firearms retained as described in clause (i); and transfer a firearm described in clause
(i)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 Attorney General or the comparable State or tribal agency, as applicable, of the order as soon as practicable or within a designated period of time. A notice required under clause
(i)shall be submitted in an electronic format, in a manner prescribed by the Attorney General or the comparable State or tribal agency. As soon as is practicable or within a designated period of time after receiving a notification under clause (i), the Attorney General 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, as required by the laws of the relevant jurisdiction, except as necessary to carry out this Act. Legislation described in this subsection 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 and standards of proof for issuance of orders described in this subsection that are substantially similar or higher than the burdens and standards of proof set forth in this subsection; limit the individuals who may submit an application described in this subsection; and include other authorizations or requirements the State or tribal authorities deem appropriate.
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