HR7599-119

What This Bill Does

The Federal Extreme Risk Protection Order Act of 2026 builds a federal red-flag-order system around federal courts and firearm background-check enforcement. A law enforcement officer or family petitioner may ask a U.S. district court for an ex parte or long-term federal order when a respondent poses a risk of personal injury by purchasing, possessing, or receiving firearms or ammunition. Ex parte orders require a sworn affidavit and probable cause, last no more than 14 days, and lead to a fast long-term hearing. Long-term orders require notice, an opportunity to be heard, possible court-assisted counsel, and clear and convincing evidence, and can last up to 180 days with renewal procedures. Once an order issues, the respondent must surrender firearms, ammunition, and permits to the U.S. Marshals Service or a designated law enforcement officer; receipts must be filed; attempted access can trigger forfeiture; and items are returned only after NICS and other database checks confirm lawful possession. The bill amends federal firearms law to prohibit sales to and possession by people under federal or qualifying state ERPOs, requires the Attorney General and courts to update background-check databases, authorizes DOJ COPS grants for states, tribes, local governments, and public or private entities implementing qualifying ERPO laws, requires training and annual reporting, preserves state law, and requires full faith and credit for compliant state and tribal orders.

Who Benefits and How

Family petitioners, law enforcement petitioners, domestic violence survivors, suicide-prevention advocates, state ERPO programs, tribal ERPO programs, and community organizations benefit from a federal court pathway, DOJ grant funding, training, database enforcement, and cross-jurisdiction recognition of qualifying orders.

Who Bears the Burden and How

ERPO respondents must answer court petitions, attend hearings, surrender firearms, ammunition, and permits, and wait for NICS checks before return. Firearm dealers must deny transfers to covered respondents, U.S. district courts must hold fast hearings and send database notices, the U.S. Marshals Service must serve orders and store surrendered items, DOJ COPS must run grants, and federal law enforcement agencies plus state and tribal ERPO courts must train staff, update records, and report outcomes.

Key Provisions

• Creates federal ex parte and long-term extreme risk protection orders in U.S. district courts with affidavit, probable-cause, hearing, counsel, and clear-and-convincing-evidence requirements.
• Requires respondents subject to federal ERPOs to surrender firearms, ammunition, and permits to the U.S. Marshals Service or a designated law enforcement officer.
• Bars firearm sales to and possession by people subject to federal or qualifying state extreme risk protection orders.
• Authorizes DOJ COPS grants for states, tribes, local governments, and entities implementing ERPO laws, training, protocols, public awareness, and firearm-removal systems.
• Requires ERPO records in background-check and national crime information databases and full faith and credit for qualifying state and tribal orders.