National extreme risk protection order law

(a) Requirements Legislation described in this section is legislation that establishes requirements that are substantially similar to the following: (1) Application for extreme risk protection order 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— (A) describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and (B) is signed by the applicant, under oath. (2) Notice The individual named in an application for an extreme risk protection order as described in paragraph (1) shall be given— (A) written notice of the application; (B) an opportunity to be heard on the matter in accordance with this section; and (C) an opportunity to voluntarily surrender any firearm in the possession of the individual. (3) Issuance of extreme risk protection orders (A) Hearing (i) In general Upon receipt of an application described in paragraph (1), or request of an individual named in such application, the court shall order a hearing to be held not later than 30 days after the date of such application or request. (ii) Determination After a hearing described in clause (i), if the court finds by a preponderance of the evidence that the respondent poses a danger of causing harm to himself or herself or to another individual by having access to a firearm, the court may issue an extreme risk protection order. (B) Length of extreme risk protection order An extreme risk protection order shall be in effect until— (i) an order is entered terminating or superseding the extreme risk protection order; or (ii) the date, if any, specified in the extreme risk protection order. (C) Return of firearms After a hearing conducted under this paragraph, if the Court finds that the respondent does not pose a substantial risk of personal injury to himself or herself or to another individual by having access to a firearm, the court shall order that each firearm surrendered, transferred, or removed under paragraph (5) shall be returned to the respondent. (4) Ex parte extreme risk protection orders (A) In general 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— (i) 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 (ii) 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. (B) Length of ex parte extreme risk protection order An ex parte extreme risk protection order shall be in effect for a period not to exceed 30 days, unless continued for good cause. (5) Surrender and removal of firearms (A) In general Upon receipt of notice under paragraph (1), the individual who is the subject of an extreme risk protection order application shall surrender to a law enforcement agency, or transfer to a third party, all firearms in the possession of the individual. (B) Removal If an individual described in subparagraph (A) does not surrender or transfer all firearms in the possession of the individual, the firearms shall be removed by a law enforcement officer with appropriate jurisdiction. (6) Storage of removed firearms All firearms removed by, or surrendered to, a law enforcement officer under paragraph (5) shall be retained by the law enforcement officer or appropriate 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— (A) contract with a manufacturer, dealer, or importer licensed under chapter 44 of title 18, United States Code, for the secure storage of firearms; and (B) transfer the firearm upon proof that the named individual will no longer have access to the firearm. (7) Notification (A) In general 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. (B) Update of databases 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. (8) Confidentiality protections 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 jurisdiction, except as necessary to carry out the legislation. (9) Minors If an extreme risk protection order is issued with respect to an individual who is less than 18 years of age, a copy of the extreme risk protection order shall be served on the parent or guardian of such individual at any address where such individual resides, or the local board of social services in the case where such individual is the subject of a dependency or court-approved out-of-home placement. (b) Additional authorities Legislation described in this section may— (1) provide procedures for the termination of an extreme risk protection order; (2) provide procedures for the renewal of an extreme risk protection order; (3) 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; (4) 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; and (5) include other authorizations or requirements that the State or Indian Tribe determines appropriate.