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S. 4339IntroducedSenate · nowHousePresidentLawIn committee
Sec. 204 · S. 4339

Federal firearms prohibition

Title II — Extreme Risk Protection Orders

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(a) In general Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (10), by striking or at the end; (B) by redesignating paragraph (11) as paragraph (12); (C) by inserting after paragraph (10) the following: (11) is subject to a court order that prohibits such person from having under his or her custody or control, owning, purchasing, possessing, or receiving any firearms, or requires the surrender or removal of firearms from the person, provided that the order— (A) is issued in a manner consistent with the due process rights of the person; and (B) is based on a finding that the person poses a danger of causing harm to himself, herself, or others by having access to a firearm; or; and (D) in paragraph (12), as so redesignated, by striking through (10) and inserting through (11); and (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or at the end; (B) in paragraph (9), by striking the comma at the end and inserting; or; and (C) by inserting after paragraph (9) the following: (10) is subject to a court order that prohibits such person from having under his or her custody or control, owning, purchasing, possessing, or receiving any firearms, or requires the surrender or removal of firearms from the person, provided that the order— (A) is issued in a manner consistent with the due process rights of the person; and (B) is based on a finding that the person poses a danger of causing harm to himself, herself, or others by having access to a firearm,. (b) Conforming amendment Section 3(1) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40903(1)) is amended by striking section 922(g)(8) and inserting paragraph (8) or (12) of section 922(g).