[House Report 117-342]
[From the U.S. Government Publishing Office]


117th Congress   }                                    {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                    {      117-342

======================================================================

 
           FEDERAL EXTREME RISK PROTECTION ORDER ACT OF 2021

                                _______
                                

  June 3, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 2377]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2377) to authorize the issuance of extreme risk 
protection orders, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     9
Background and Need for the Legislation..........................     9
Hearings.........................................................    13
Committee Consideration..........................................    13
Committee Votes..................................................    13
Committee Oversight Findings.....................................    23
Committee Estimate of Budgetary Effects..........................    23
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................    23
Duplication of Federal Programs..................................    28
Performance Goals and Objectives.................................    28
Advisory on Earmarks.............................................    28
Section-by-Section Analysis......................................    28
Changes in Existing Law Made by the Bill, as Reported............    33
Minority Views...................................................    67

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Federal Extreme Risk Protection Order 
Act of 2021''.

SEC. 2. FEDERAL EXTREME RISK PROTECTION ORDERS.

  (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 932. Extreme risk protection orders

  ``(a) Definitions.--In this section--
          ``(1) the term `court' means a district court of the United 
        States;
          ``(2) the term `designated law enforcement officer' means a 
        law enforcement officer, designated by a United States marshal, 
        who agrees to receive firearms, ammunition, and permits, as 
        applicable, surrendered under subsection (f);
          ``(3) the term `Director' means the Director of the 
        Administrative Office of the United States Courts;
          ``(4) the term `ex parte Federal extreme risk protection 
        order' or `ex parte Federal order' means a Federal extreme risk 
        protection order issued under subsection (c);
          ``(5) the term `Federal extreme risk protection order' means 
        an order issued by a Federal court that enjoins an individual 
        from purchasing, possessing, or receiving, in or affecting 
        interstate and foreign commerce, a firearm or ammunition;
          ``(6) the term `family or household member', with respect to 
        a Federal order respondent, means any--
                  ``(A) parent, spouse, sibling, or child related by 
                blood, marriage, or adoption to the respondent;
                  ``(B) dating partner of the respondent;
                  ``(C) individual who has a child in common with the 
                respondent, regardless of whether the individual has--
                          ``(i) been married to the respondent; or
                          ``(ii) lived together with the respondent at 
                        any time;
                  ``(D) individual who resides or has resided with the 
                respondent during the past year;
                  ``(E) domestic partner of the respondent;
                  ``(F) individual who has a legal parent-child 
                relationship with the respondent, including a 
                stepparent-stepchild and grandparent-grandchild 
                relationship; and
                  ``(G) individual who is acting or has acted as the 
                legal guardian of the respondent;
          ``(7) the term `Federal order petitioner' means an individual 
        authorized to petition for an ex parte or long-term Federal 
        extreme risk protection order under subsection (b)(1);
          ``(8) the term `Federal order respondent' means an individual 
        named in the petition for an ex parte or long-term Federal 
        extreme risk protection order or subject to an ex parte or 
        long-term Federal extreme risk protection order;
          ``(9) the term `long-term Federal extreme risk protection 
        order' or `long-term Federal order' means a Federal extreme 
        risk protection order issued under subsection (d);
          ``(10) the term `mental health agency' means an agency of a 
        State, Tribal, or local government or its contracted agency 
        that is responsible for mental health services or co-occurring 
        mental health and substance abuse services; and
          ``(11) the term `national instant criminal background check 
        system' means the national instant criminal background check 
        system established under section 103 of the Brady Handgun 
        Violence Prevention Act (34 U.S.C. 40901).
  ``(b) Petition.--
          ``(1) In general.--A family or household member of the 
        applicable individual, or a law enforcement officer, may submit 
        to an appropriate district court of the United States a 
        petition requesting that the court issue an ex parte Federal 
        extreme risk protection order or long-term Federal extreme risk 
        protection order with respect to an individual.
          ``(2) No fees.--A court or law enforcement agency may not 
        charge a petitioner or respondent any fee for--
                  ``(A) filing, issuing, serving, or reporting an 
                extreme risk protection order;
                  ``(B) a petition for an extreme risk protection order 
                or any pleading, subpoena, warrant, or motion in 
                connection with an extreme risk protection order; or
                  ``(C) any order or order to show cause necessary to 
                obtain or give effect to this section.
          ``(3) Confidentiality.--A Federal order petitioner who is a 
        law enforcement officer may provide the identity of the 
        petitioner's sources, and any identifying information, to the 
        court under seal.
  ``(c) Ex Parte Orders.--
          ``(1) Timing.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), a court that receives a petition for an ex parte 
                Federal order under subsection (b) shall grant or deny 
                the petition on the date on which the petition is 
                submitted.
                  ``(B) Late petitions.--If a court receives a petition 
                for an ex parte Federal order submitted under 
                subsection (b) too late in the day to permit effective 
                review, the court shall grant or deny the petition on 
                the next day of judicial business at a time early 
                enough to permit the court to file an order with the 
                clerk of the court during that day.
          ``(2) Evidence required.--Before issuing an ex parte Federal 
        order, a court shall require that the petitioner for such order 
        submit a signed affidavit, sworn to before the court, that--
                  ``(A) explains why such petitioner believes that the 
                Federal order respondent poses a risk of imminent 
                personal injury to self or another individual, by 
                purchasing, possessing, or receiving a firearm or 
                ammunition; and
                  ``(B) describes the interactions and conversations of 
                the petitioner with--
                          ``(i) the respondent; or
                          ``(ii) another individual, if such petitioner 
                        believes that information obtained from that 
                        individual is credible and reliable.
          ``(3) Standard for issuance of order.--A court may issue an 
        ex parte Federal order only upon a finding of probable cause to 
        believe that--
                  ``(A) the Federal order respondent poses a risk of 
                imminent personal injury to self or another individual, 
                by purchasing, possessing, or receiving a firearm or 
                ammunition; and
                  ``(B) the order is necessary to prevent the injury 
                described in subparagraph (A).
          ``(4) Duration.--An ex parte Federal order shall expire on 
        the earlier of--
                  ``(A) the date that is 14 days after the date of 
                issuance; or
                  ``(B) the date on which the court determines whether 
                to issue a long-term Federal order with respect to the 
                respondent.
  ``(d) Long-term Federal Orders.--
          ``(1) Hearing required.--If a court receives a petition for a 
        long-term Federal extreme risk protection order for a 
        respondent under subsection (b), the court shall hold a hearing 
        to determine whether to issue a long-term Federal order with 
        respect to the respondent either--
                  ``(A)(i) if the court issues an ex parte order with 
                respect to the respondent, not later than 72 hours 
                after the ex parte order is served on the respondent; 
                or
                  ``(ii) if the respondent waives the right to a 
                hearing within the 72-hour period under clause (i), or 
                the court does not issue an ex parte order, within 14 
                days after the date on which the court receives the 
                petition; or
                  ``(B) in no event later than 14 days after the date 
                on which the court receives the petition.
          ``(2) Notice and opportunity to be heard.--
                  ``(A) In general.--The court shall provide the 
                Federal order respondent with notice and the 
                opportunity to be heard at a hearing under this 
                subsection, sufficient to protect the due process 
                rights of the respondent.
                  ``(B) Right to counsel.--
                          ``(i) In general.--At a hearing under this 
                        subsection, the Federal order respondent may be 
                        represented by counsel who is--
                                  ``(I) chosen by the respondent; and
                                  ``(II) authorized to practice at such 
                                a hearing.
                          ``(ii) Court-provided counsel.--If the 
                        Federal order respondent is financially unable 
                        to obtain representation by counsel, the court, 
                        at the request of the respondent, shall ensure, 
                        to the extent practicable, that the respondent 
                        is represented by an attorney with respect to 
                        the petition.
          ``(3) Burden of proof; standard.--At a hearing under this 
        subsection, the Federal order petitioner--
                  ``(A) shall have the burden of proving all material 
                facts; and
                  ``(B) shall be required to demonstrate, by clear and 
                convincing evidence, that--
                          ``(i) the respondent to such order poses a 
                        risk of personal injury to self or another 
                        individual, during the period to be covered by 
                        the proposed Federal extreme risk protection 
                        order, by purchasing, possessing, or receiving 
                        a firearm or ammunition; and
                          ``(ii) the order is necessary to prevent the 
                        injury described in clause (i).
          ``(4) Issuance.--Upon a showing of clear and convincing 
        evidence under paragraph (3), the court shall issue a long-term 
        Federal order with respect to the respondent that shall be in 
        effect for a period of not more than 180 days.
          ``(5) Denial.--If the court finds that there is not clear and 
        convincing evidence to support the issuance of a long-term 
        Federal order, the court shall dissolve any ex parte Federal 
        order then in effect with respect to the respondent.
          ``(6) Renewal.--
                  ``(A) Notice of scheduled expiration.--Thirty days 
                before the date on which a long-term Federal order is 
                scheduled to expire, the court that issued the order 
                shall--
                          ``(i) notify the petitioner and the 
                        respondent to such order that the order is 
                        scheduled to expire; and
                          ``(ii) advise the petitioner and the 
                        respondent of the procedures for seeking a 
                        renewal of the order under this paragraph.
                  ``(B) Petition.--If a family or household member of 
                the Federal order respondent, or a law enforcement 
                officer, believes that the conditions under paragraph 
                (3)(B) continue to apply with respect to a respondent 
                who is subject to a long-term Federal order, the family 
                or household member or law enforcement officer may 
                submit to the court that issued the order a petition 
                for a renewal of the order.
                  ``(C) Hearing.--A court that receives a petition 
                submitted under subparagraph (B) shall hold a hearing 
                to determine whether to issue a renewed long-term 
                Federal order with respect to the respondent.
                  ``(D) Applicable procedures.--The requirements under 
                paragraphs (2) through (5) shall apply to the 
                consideration of a petition for a renewed long-term 
                Federal order submitted under subparagraph (B) of this 
                paragraph.
                  ``(E) Issuance.--Upon a showing by clear and 
                convincing evidence that the conditions under paragraph 
                (3)(B) continue to apply with respect to the 
                respondent, the court shall issue a renewed long-term 
                Federal order with respect to the respondent.
  ``(e) Factors to Consider.--In determining whether to issue a Federal 
extreme risk protection order, a court--
          ``(1) shall consider factors including--
                  ``(A) a recent threat or act of violence by the 
                respondent directed toward another individual;
                  ``(B) a recent threat or act of violence by the 
                respondent directed toward self;
                  ``(C) a recent act of cruelty to an animal by the 
                respondent; and
                  ``(D) evidence of ongoing abuse of a controlled 
                substance or alcohol by the respondent that has led to 
                a threat or act of violence directed to self or another 
                individual; and
          ``(2) may consider other factors, including--
                  ``(A) the reckless use, display, or brandishing of a 
                firearm by the respondent;
                  ``(B) a history of violence or attempted violence by 
                the respondent against another individual; and
                  ``(C) evidence of an explicit or implicit threat made 
                by the person through any medium that demonstrate that 
                the person poses a risk of personal injury to self or 
                another individual.
  ``(f) Relinquishment of Firearms and Ammunition.--
          ``(1) Order of surrender.--Upon issuance of an ex parte 
        Federal order or long-term Federal order, the court shall order 
        the respondent to such order to surrender all firearms and 
        ammunition that the respondent possesses or owns, in or 
        affecting interstate commerce, as well as any permit 
        authorizing the respondent to purchase or possess firearms 
        (including a concealed carry permit), to--
                  ``(A) the United States Marshals Service; or
                  ``(B) a designated law enforcement officer.
          ``(2) Surrender and removal.--
                  ``(A) Manner of service.--
                          ``(i) Personal service.--Except as provided 
                        in clause (ii), a United States marshal or 
                        designated law enforcement officer shall serve 
                        a Federal extreme risk protection order on a 
                        respondent by handing the order to the 
                        respondent to such order.
                          ``(ii) Alternative service.--If the 
                        respondent cannot reasonably be located for 
                        service as described in clause (i), a Federal 
                        extreme risk protection order may be served on 
                        the respondent in any manner authorized under 
                        the Federal Rules of Civil Procedure.
                  ``(B) Removal.--Except as provided in subparagraph 
                (C), a United States marshal or designated law 
                enforcement officer serving a Federal extreme risk 
                protection order personally on the respondent shall--
                          ``(i) request that all firearms and 
                        ammunition, in or affecting interstate 
                        commerce, as well as any permit authorizing the 
                        respondent to purchase or possess firearms 
                        (including a concealed carry permit), that the 
                        respondent possesses or owns--
                                  ``(I) be immediately surrendered to 
                                the United States marshal or designated 
                                law enforcement officer; or
                                  ``(II) at the option of the 
                                respondent, be immediately surrendered 
                                and sold to a federally licensed 
                                firearms dealer; and
                          ``(ii) take possession of all firearms and 
                        ammunition described in clause (i) that are not 
                        sold under subclause (II) of that clause, as 
                        well as any permit described in that clause, 
                        that are--
                                  ``(I) surrendered;
                                  ``(II) in plain sight; or
                                  ``(III) discovered pursuant to a 
                                lawful search.
                  ``(C) Alternative surrender.--If a United States 
                marshal or designated law enforcement officer is not 
                able to personally serve a Federal extreme risk 
                protection order under subparagraph (A)(i), or is not 
                reasonably able to take custody of the firearms, 
                ammunition, and permits under subparagraph (B), the 
                respondent shall surrender the firearms, ammunition, 
                and permits in a safe manner to the control of a United 
                States marshal or designated law enforcement officer 
                not later than 48 hours after being served with the 
                order.
          ``(3) Receipt.--
                  ``(A) Issuance.--At the time of surrender or removal 
                under paragraph (2), a United States marshal or 
                designated law enforcement officer taking possession of 
                a firearm, ammunition, or a permit pursuant to a 
                Federal extreme risk protection order shall--
                          ``(i) issue a receipt identifying all 
                        firearms, ammunition, and permits that have 
                        been surrendered or removed; and
                          ``(ii) provide a copy of the receipt issued 
                        under clause (i) to the respondent to such 
                        order.
                  ``(B) Filing.--Not later than 72 hours after issuance 
                of a receipt under subparagraph (A), the United States 
                marshal who issued the receipt or designated another 
                law enforcement officer to do so shall--
                          ``(i) file the original receipt issued under 
                        subparagraph (A) of this paragraph with the 
                        court that issued the Federal extreme risk 
                        protection order; and
                          ``(ii) ensure that the United States Marshals 
                        Service retains a copy of the receipt.
                  ``(C) Designated law enforcement officer.--If a 
                designated law enforcement officer issues a receipt 
                under subparagraph (A), the officer shall submit the 
                original receipt and a copy of the receipt to the 
                appropriate United States marshal to enable the United 
                States marshal to comply with subparagraph (B).
          ``(4) Forfeiture.--If a respondent knowingly attempts, in 
        violation of a Federal extreme risk protection order, to access 
        a firearm, ammunition, or a permit that was surrendered or 
        removed under this subsection, the firearm, ammunition, or 
        permit shall be subject to seizure and forfeiture under section 
        924(d).
  ``(g) Return of Firearms and Ammunition.--
          ``(1) Notice.--If a Federal extreme risk protection order is 
        dissolved, or expires and is not renewed, the court that issued 
        the order shall order the United States Marshals Service to--
                  ``(A) confirm, through the national instant criminal 
                background check system and any other relevant law 
                enforcement databases, that the respondent to such 
                order may lawfully own and possess firearms and 
                ammunition; and
                  ``(B)(i) if the respondent may lawfully own and 
                possess firearms and ammunition, notify the respondent 
                that the respondent may retrieve each firearm, 
                ammunition, or permit surrendered by or removed from 
                the respondent under subsection (f); or
                  ``(ii) if the respondent may not lawfully own or 
                possess firearms and ammunition, notify the respondent 
                that each firearm, ammunition, or permit surrendered by 
                or removed from the respondent under subsection (f) 
                will be returned only when the respondent demonstrates 
                to the United States Marshals Service that the 
                respondent may lawfully own and possess firearms and 
                ammunition.
          ``(2) Return.--If a Federal extreme risk protection order is 
        dissolved, or expires and is not renewed, and the United States 
        Marshals Service confirms under paragraph (1)(A) that the 
        respondent may lawfully own and possess firearms and 
        ammunition, the court that issued the order shall order the 
        entity that possesses each firearm, ammunition, or permit 
        surrendered by or removed from the respondent under subsection 
        (f) to return those items to the respondent.
  ``(h) Return of Firearms and Ammunition Improperly Received.--If a 
court, in a hearing under subsection (d), determines that a firearm or 
ammunition surrendered by or removed from a respondent under subsection 
(f) is owned by an individual other than the respondent, the court may 
order the United States marshal or designated law enforcement officer 
in possession of the firearm or ammunition to transfer the firearm or 
ammunition to that individual if--
          ``(1) the individual may lawfully own and possess firearms 
        and ammunition; and
          ``(2) the individual will not provide the respondent with 
        access to the firearm or ammunition.
  ``(i) Penalty for False Reporting or Frivolous Petitions.--An 
individual who knowingly submits materially false information to the 
court in a petition for a Federal extreme risk protection order under 
this section, or who knowingly files such a petition that is frivolous, 
unreasonable, or without foundation, shall be fined not more than 
$5,000, or imprisoned not more than 5 years, or both, except to the 
extent that a greater sentence is otherwise provided by any other 
provision of law, as the court deems necessary to deter such abuse of 
process.
  ``(j) Model Policy.--
          ``(1) In general.--The Director shall draft a model policy to 
        maximize the accessibility of Federal extreme risk protection 
        orders.
          ``(2) Contents.--In drafting the model policy under paragraph 
        (1), the Director shall--
                  ``(A) ensure that State, Tribal, and local law 
                enforcement officers and members of the public without 
                legal training are able to easily file petitions for 
                Federal extreme risk protection orders;
                  ``(B) prescribe outreach efforts by employees of the 
                district courts of the United States to familiarize 
                relevant law enforcement officers and the public with 
                the procedures for filing petitions, either--
                          ``(i) through direct outreach; or
                          ``(ii) in coordination with--
                                  ``(I) relevant officials in the 
                                executive or legislative branch of the 
                                Federal Government; or
                                  ``(II) with relevant State, Tribal, 
                                and local officials;
                  ``(C) prescribe policies for allowing the filing of 
                petitions and prompt adjudication of petitions on 
                weekends and outside of normal court hours;
                  ``(D) prescribe policies for coordinating with law 
                enforcement agencies to ensure the safe, timely, and 
                effective service of Federal extreme risk protection 
                orders and relinquishment of firearms, ammunition, and 
                permits, as applicable; and
                  ``(E) identify governmental and non-governmental 
                resources and partners to help officials of the 
                district courts of the United States coordinate with 
                civil society organizations to ensure the safe and 
                effective implementation of this section.
  ``(k) Reporting.--
          ``(1) Individual reports.--
                  ``(A) In general.--Not later than 2 court days after 
                the date on which a court issues or dissolves a Federal 
                extreme risk protection order under this section or a 
                Federal extreme risk protection order expires without 
                being renewed, the court shall notify--
                          ``(i) the Attorney General;
                          ``(ii) each relevant mental health agency in 
                        the State in which the order is issued; and
                          ``(iii) State and local law enforcement 
                        officials in the jurisdiction in which the 
                        order is issued, including the national instant 
                        criminal background check system single point 
                        of contact for the State of residence of the 
                        respondent, where applicable.
                  ``(B) Format.--A court shall submit a notice under 
                subparagraph (A) in an electronic format, in a manner 
                prescribed by the Attorney General.
                  ``(C) Update of databases.--As soon as practicable 
                and not later than 5 days after receiving a notice 
                under subparagraph (A), the Attorney General shall 
                update the background check databases of the Attorney 
                General to reflect the prohibitions articulated in the 
                applicable Federal extreme risk protection order.
          ``(2) Annual reports.--Not later than 1 year after the date 
        of enactment of the Federal Extreme Risk Protection Order Act 
        of 2021, and annually thereafter, the Director shall submit to 
        the Committee on the Judiciary of the Senate and the Committee 
        on the Judiciary of the House of Representatives a report that 
        includes, with respect to the preceding year--
                  ``(A) the number of petitions for ex parte Federal 
                orders filed, as well as the number of such orders 
                issued and the number denied, disaggregated by--
                          ``(i) the jurisdiction;
                          ``(ii) whether the individual authorized 
                        under subsection (b) to petition for a Federal 
                        extreme risk protection order is a law 
                        enforcement officer, or a family or household 
                        member, and in the case of a family or 
                        household member, which of subparagraphs (A) 
                        through (G) of subsection (a)(6) describes the 
                        relationship; and
                          ``(iii) the alleged danger posed by the 
                        Federal order respondent, including whether the 
                        danger involved a risk of suicide, 
                        unintentional injury, domestic violence, or 
                        other interpersonal violence;
                  ``(B) the number of petitions for long-term Federal 
                orders filed, as well as the number of such orders 
                issued and the number denied, disaggregated by--
                          ``(i) the jurisdiction;
                          ``(ii) whether the individual authorized 
                        under subsection (b) to petition for a Federal 
                        extreme risk protection order is a law 
                        enforcement officer, or a family or household 
                        member, and in the case of a family or 
                        household member, which of subparagraphs (A) 
                        through (G) of subsection (a)(6) describes the 
                        relationship; and
                          ``(iii) the alleged danger posed by the 
                        Federal order respondent, including whether the 
                        danger involved a risk of suicide, 
                        unintentional injury, domestic violence, or 
                        other interpersonal violence;
                  ``(C) the number of petitions for renewals of long-
                term Federal orders filed, as well as the number of 
                such orders issued and the number denied;
                  ``(D) the number of cases in which a court has issued 
                a penalty for false reporting or frivolous petitions;
                  ``(E) demographic data of Federal order petitioners, 
                including race, ethnicity, national origin, sex, 
                gender, age, disability, average annual income, and 
                English language proficiency, if available;
                  ``(F) demographic data of Federal order respondents, 
                including race, ethnicity, national origin, sex, 
                gender, age, disability, average annual income, and 
                English language proficiency, if available; and
                  ``(G) the total number of firearms removed pursuant 
                to Federal extreme risk protection orders, and, if 
                available, the number of firearms removed pursuant to 
                each such order.
  ``(l) Training for Federal Law Enforcement Officers.--
          ``(1) Training requirements.--The head of each Federal law 
        enforcement agency shall require each Federal law enforcement 
        officer employed by the agency to complete training in the 
        safe, impartial, effective, and equitable use and 
        administration of Federal extreme risk protection orders, 
        including training to address--
                  ``(A) bias based on race and racism, ethnicity, 
                gender, sexual orientation, gender identity, religion, 
                language proficiency, mental health condition, 
                disability, and classism in the use and administration 
                of Federal extreme risk protection orders;
                  ``(B) the appropriate use of Federal extreme risk 
                protection orders in cases of domestic violence, 
                including the applicability of other policies and 
                protocols to address domestic violence in situations 
                that may also involve Federal extreme risk protection 
                orders and the necessity of safety planning with the 
                victim before law enforcement petitions for and 
                executes a Federal extreme risk protection order, if 
                applicable;
                  ``(C) interacting with persons with mental, 
                behavioral, or physical disabilities, or emotional 
                distress, including de-escalation techniques and crisis 
                intervention;
                  ``(D) training on community relations; and
                  ``(E) best practices for referring persons subject to 
                Federal extreme risk protection orders and associated 
                victims of violence to social service providers that 
                may be available in the jurisdiction and appropriate 
                for those individuals, including health care, mental 
                health, substance abuse, and legal services, employment 
                and vocational services, housing assistance, case 
                management, and veterans and disability benefits.
          ``(2) Training development.--Federal law enforcement agencies 
        developing law enforcement training required under this section 
        shall seek advice from domestic violence service providers 
        (including culturally specific (as defined in section 40002 of 
        the Violence Against Women Act of 1994 (34 U.S.C. 12291)) 
        providers), social service providers, suicide prevention 
        advocates, violence intervention specialists, law enforcement 
        agencies, mental health disability experts, and other community 
        groups working to reduce suicides and violence, including 
        domestic violence, within the State.
  ``(m) Rule of Construction.--Nothing in this section or shall be 
construed to alter the requirements of subsections (d)(8) or (g)(8) of 
section 922, related to domestic violence protective orders.''.
  (b) Technical and Conforming Amendments.--
          (1) Table of sections.--The table of sections for chapter 44 
        of title 18, United States Code, is amended by adding at the 
        end the following:

``932. Extreme risk protection orders.''.

          (2) Forfeiture.--Section 924(d)(3) of title 18, United States 
        Code, is amended--
                  (A) in subparagraph (E), by striking ``and'' at the 
                end;
                  (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(G) any attempt to violate a Federal extreme risk 
        protection order issued under section 932.''.

SEC. 3. FEDERAL FIREARMS PROHIBITION.

  Section 922 of title 18, United States Code, is amended--
          (1) in subsection (d)--
                  (A) in paragraph (8)(B)(ii), by striking ``or'' at 
                the end;
                  (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                  (C) by inserting after paragraph (9) the following:
          ``(10) is subject to a court order that--
                  ``(A)(i) was issued after a hearing of which the 
                person received actual notice, and at which the person 
                had an opportunity to participate; or
                  ``(ii) in the case of an ex parte order, relative to 
                which notice and opportunity to be heard are provided--
                          ``(I) within the time required by Federal, 
                        State, Tribal, or territorial law; and
                          ``(II) in any event within a reasonable time 
                        after the order is issued, sufficient to 
                        protect the due process rights of the person;
                  ``(B) prevents such person from possessing or 
                receiving firearm; and
                  ``(C) includes a finding that such person poses a 
                danger of harm to self or others.''; 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--
                  ``(A)(i) was issued after a hearing of which the 
                person received actual notice, and at which the person 
                had an opportunity to participate; or
                  ``(ii) in the case of an ex parte order, relative to 
                which notice and opportunity to be heard are provided--
                          ``(I) within the time required by Federal, 
                        State, Tribal, or territorial law; and
                          ``(II) in any event within a reasonable time 
                        after the order is issued, sufficient to 
                        protect the due process rights of the person;
                  ``(B) prevents such a person from possessing or 
                receiving firearms; and
                  ``(C) includes a finding that such person poses a 
                danger of harm to self or others,''.

SEC. 4. SEVERABILITY.

  If any provision of this Act, or an amendment made by this Act, or 
the application of such provision to any person or circumstance, is 
held to be invalid, the remainder of this Act, or an amendment made by 
this Act, or the application of such provision to other persons or 
circumstances, shall not be affected.

SEC. 5. EFFECTIVE DATE.

   This Act and the amendments made by this Act shall take effect on 
the date that is 180 days after the date of enactment of this Act.

SEC. 6. PREEMPTION.

  Nothing in this Act or an amendment made by this Act shall be 
construed to preempt any State law or policy.

                          Purpose and Summary

    On average, more than 100 Americans are lost to gun 
violence every day, and more than 200 are injured in gun-
related incidents.\1\ These shootings include individual 
shootings, mass shootings, and suicides. Often, there are signs 
that shooters are a danger to themselves or others before a 
life is lost. These warning signs create an opportunity for 
intervention that can save lives, if there is a tool in place 
to prevent access to firearms. H.R. 2377, the ``Federal Extreme 
Risk Protection Order Act of 2021,'' would establish procedures 
for obtaining an order in federal court to temporarily prohibit 
access to firearms when people are shown to be a danger to 
themselves or others, and such an order is necessary to prevent 
that danger.
---------------------------------------------------------------------------
    \1\The Facts that Make Us Act, Brady United, https://
www.bradyunited.org/key-statistics (last visited June 1, 2022).
---------------------------------------------------------------------------

                Background and Need for the Legislation

    The Gun Control Act of 1968 established the framework for 
legally prohibiting certain categories of people from 
possessing firearms.\2\ This list of ``prohibited persons'' has 
grown over the years and now includes categories such as 
felons, fugitives, domestic abusers, those who have been 
dishonorably discharged from the Armed Forces, and those who 
have renounced citizenship, among others. Only in 1993, with 
the passage of the Brady Act, did Congress provide the public 
with a pre-sale process for checking whether a prospective 
firearm purchaser is legally able to purchase the firearm.\3\ 
The Brady Act established the National Instant Criminal 
Background Check System (NICS) as a mechanism for federally 
licensed firearms dealers to accomplish pre-sale checks, now 
commonly referred to as background checks. Since 1994, NICS has 
denied more than three million sales to individuals who were 
prohibited from purchasing firearms from licensed sellers.\4\
---------------------------------------------------------------------------
    \2\Gun Control Act of 1968, Pub. L. 90-618, 82 Stat. 1213-2 (1968).
    \3\Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 
Stat. 1536 (1993).
    \4\Jennifer C. Karberg et al., Background Checks for Firearm 
Transfers, 2015 - Statistical Tables, Bureau of Just. Stats., U.S. 
Dep't of Just, https://www.bjs.gov/content/pub/pdf/bcft15st.pdf.
---------------------------------------------------------------------------
    One limitation of the current risk-factor-based approach to 
gun violence prevention policy is that firearm 
disqualifications do not go into effect until after an extreme 
event--such as the commission of a felony or misdemeanor 
domestic abuse--has already occurred.\5\ Prior to such a 
disqualifying event, family members, intimate partners, or 
others often observe a pattern of dangerous behavior.\6\ The 
identification of dangerous behaviors by individuals who know 
or are in contact with the person presents an opportunity for a 
more prevention-oriented approach than the current system that 
ties firearm prevention to adjudication by the criminal justice 
or mental health systems.\7\
---------------------------------------------------------------------------
    \5\Id.
    \6\Id.
    \7\Id.
---------------------------------------------------------------------------
    In March of 2013, a group of leading researchers and 
practitioners met in Baltimore, Maryland--this group has come 
to be known as the Consortium for Risk-Based Firearm Policy--to 
examine the evidence on mental illness and gun violence and to 
answer the question whether dangerous behavior can be used to 
disqualify firearm purchase and possession.\8\ Following a 
review and discussion of the literature, the consensus among 
participants was that dangerous behaviors associated with 
violence, and not mental illness diagnoses, are the best 
predictor available to identify those at risk for committing 
future gun violence.\9\ The Consortium went on to recommend an 
evidence-informed strategy to temporarily restrict firearm 
access on the basis of dangerous behavior through what it 
called a ``gun violence restraining order,'' or GVRO.\10\
---------------------------------------------------------------------------
    \8\See Emma E. McGinty et al., Using Res. Evidence to Reframe the 
Policy Debate Around Mental Illness and Guns: Process and 
Recommendations, 104 Am. J. of Pub. Health, e22-e26 (2014).
    \9\Id.
    \10\Id.
---------------------------------------------------------------------------
    The GVRO concept was directly informed by the domestic 
violence restraining order (DVRO) system.\11\ Domestic violence 
victims and advocates have long used DVROs as a tool for 
intervening in family violence.\12\ DVROs provide victims with 
access to a judge who decides whether their case warrants court 
intervention and, if so, the terms of that intervention.\13\ In 
most locales, court access is immediate, in recognition of the 
importance of intervention when domestic violence has reached a 
crisis point and the court's help is needed.\14\ All 50 states 
have systems in place to support DVRO petitions.\15\ While the 
terms of those laws vary somewhat across the states, all 
individuals are subject to a federal law prohibiting 
respondents of DVROs from purchasing and possessing guns.\16\
---------------------------------------------------------------------------
    \11\See id.
    \12\Id.
    \13\Id.
    \14\Shannon Frattaroli, et al., Gun Violence Restraining Orders: 
Alternative or Adjunct to Mental Health-Based Restrictions on 
Firearms?, 33 Behav. Sci. & The L. 290, 294 (2015).
    \15\Extreme Risk Protection Orders, Giffords L. Ctr. to Prevent Gun 
Violence, https://lawcenter.giffords.org/gun-laws/policy-areas/who-can-
have-a-gun/extreme-risk-protection-orders/ (last visited Aug. 23, 
2019).
    \16\18 U.S.C. Sec.  922(g)(9) (2019).
---------------------------------------------------------------------------
    Nearly everyone seems to agree that people at genuine risk 
of harming themselves or others should not have guns.\17\ In 
gun policy debates, people who should not possess guns are 
often called ``the mentally ill.'' This phrase is highly 
misleading, however.\18\ An estimated 43.6 million Americans 
have diagnosable mental health conditions,\19\ and the vast 
majority pose no danger to anyone.\20\ Disqualifying all of 
those individuals from gun ownership would be ineffective, 
unfair, and stigmatizing.\21\ It would also ignore large 
numbers of people who are not mentally ill, but who do pose a 
danger.\22\
---------------------------------------------------------------------------
    \17\Richard J. Bonnie, et al., Extreme Risk Protection Orders--
Effective Tools for Keeping Guns Out of Dangerous Hands, 37 Dev. in 
Mental Health L. 2 (Winter 2018/2019).
    \18\See id. at 3.
    \19\Sarra L. Hedden, et al., Behavioral Health Trends in the United 
States: Results from the 2014 National Survey on Drug Use and Health, 
Substance Abuse & Mental Health Services Admin., https://
store.samhsa.gov/system/files/nsduh-frr1-2014.pdf.
    \20\Jeffery W. Swanson & Alan R. Felthous, Guns, Mental Illness and 
the Law.: Introduction to This Issue, 22 Behav. Sci. & The L. 167, 168.
    \21\Bonnie, et al., supra note 17, at 3.
    \22\Id.
---------------------------------------------------------------------------
    In fact, most mass shooters have no history of treatment 
for mental illness.\23\ Many, however, have exhibited behaviors 
that worried their families, co-workers, teachers, or 
neighbors.\24\ Nearly 80% of perpetrators of mass violence in 
public places make explicit threats or behave in a manner 
``indicative of their intent to carry out an attack.''\25\ For 
example, public mass shootings in Parkland, Florida;\26\ 
Aurora, Colorado;\27\ and Tucson, Arizona;\28\ among others, 
were committed by assailants known to family members, 
acquaintances, law enforcement agencies, and in some cases 
health professionals to be at high risk for violence.\29\
---------------------------------------------------------------------------
    \23\U.S. Secret Serv., Nat'l Threat Assessment Serv., Mass Attacks 
in Public Spaces--2017 (March 2018), https://www.secretservice.gov/
forms/USSS_NTAC-Mass_Attacks_in_Public_Spaces-2017.pdf.
    \24\Bonnie, et al., supra note 17, at 3.
    \25\U.S. Secret Serv., Nat'l Threat Assessment Serv., Mass Attacks 
in Pub. Spaces--2018 (July 2019), https://www.hsdl.org/
?view&did=826876.
    \26\Richard A. Oppel, Jr., et al., Tipster's Warning to F.B.I. on 
Florida Shooting Suspect: `I Know He's Going to Explode', N.Y. Times 
(Feb. 23, 2018), https://www.nytimes.com/2018/02/23/us/fbi-tip-nikolas-
cruz.html.
    \27\Ann O'Neill & Sara Weisfeldt, Psychiatrist: Holmes Thought 3-4 
Times A Day About Killing, CNN (Jun. 17, 2015), https://www.cnn.com/
2015/06/16/us/james-holmes-theater-shooting- fenton/index.html.
    \28\Sarah Garrecht Gassen & Timothy Williams, Before Attack, 
Parents of Gunman Tried to Address Son's Strange Behavior, N.Y. Times 
(Mar. 27, 2013), https://www.nytimes.com/2013/03/28/us/documents-2011-
tucson-shooting-case-gabrielle-giffords.html.
    \29\Garen J. Wintemute, et al., Extreme Risk Protection Orders 
Intended to Prevent Mass Shootings: A Case Series, Annals of Internal 
Med. (Aug. 20, 2019), https://annals.org/aim/fullarticle/2748711/
extreme-risk-protection-orders-intended-prevent-mass-shootings-case-
series.
---------------------------------------------------------------------------
    Urgent, individualized interventions to reduce firearm 
access provide a rapid, sharply-focused response when there is 
a risk for imminent firearm violence.\30\ Bipartisan support is 
therefore growing for laws authorizing judges to issue what are 
properly known as ``extreme risk protection orders,'' or 
``ERPOs'' (also known colloquially as ``red flag'' orders) that 
temporarily remove firearms from those at risk of harming 
themselves or others. In fact, public mass shootings in 
California, Texas and Ohio in late July and early August of 
2019 led to widespread discussion of the potential for ERPOs to 
prevent such events.\31\
---------------------------------------------------------------------------
    \30\Id.
    \31\See id.
---------------------------------------------------------------------------
    California enacted the nation's first ERPO statute,\32\ 
which took effect in January 2016. As of June 2022, 19 
states\33\ and the District of Columbia have enacted an extreme 
risk law.\34\ Policies and procedures for ERPOs are modeled on 
those for DVROs.\35\ Depending on state law, petitions can be 
submitted to the court by a variety of people who might believe 
a person is a danger to himself or others, including family 
members, law enforcement officers, counselors, and health 
professionals.
---------------------------------------------------------------------------
    \32\Cal. Penal Code Sec.  18100-18205 (2019). ERPOs in California 
are known as gun violence restraining orders (GVROs).
    \33\These states are California, Colorado, Connecticut, Delaware, 
Florida, Hawaii, Illinois, Indiana, Maryland, Massachusetts, Nevada, 
New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, 
Virginia, and Washington.
    \34\See Wintemute, et al., supra note 29.
    \35\Id.
---------------------------------------------------------------------------
    Almost all of the existing statutes require a judge to 
review submitted evidence and determine whether an individual 
poses an imminent risk of harm to self or others according to a 
common set of criteria and standard of proof.\36\ Typically, 
this occurs in an ex parte process, with most current laws 
requiring a full evidentiary hearing (for which the individual 
is given prior notice and the opportunity to participate) 
within a set period of days from entry of the ex parte 
order.\37\
---------------------------------------------------------------------------
    \36\Bonnie, et al., supra note 17, at 3.
    \37\See id.
---------------------------------------------------------------------------
    The civil orders entered by the courts authorizing law 
enforcement officers to search for and take custody of an 
individual's firearms neither require, nor produce, a criminal 
record.\38\ The orders also do not require the subject of an 
order to have a mental illness; instead, they require evidence 
of specific recent actions or threats of violence, and allow 
consideration of other factors (such as a history of using 
physical force against others) that establish a real risk of 
harm to self or others.\39\
---------------------------------------------------------------------------
    \38\Id.
    \39\Id.
---------------------------------------------------------------------------
    There is some variation across states in the specific 
features of these statutes.\40\ They differ, for example, in 
the range of individuals authorized to petition for an order, 
the standard of proof required for the evidence of risk 
sufficient to initially remove a firearm, and the standard of 
proof required at any subsequent court hearing to retain the 
firearm.\41\ In all of the statutes, the burden remains on the 
petitioner to show that the statutory ``extreme risk'' criteria 
for taking custody of the firearms have been met.\42\
---------------------------------------------------------------------------
    \40\Id.
    \41\Id.
    \42\Id.
---------------------------------------------------------------------------
    ERPO laws provide a focused and time-limited mechanism for 
restricting gun access for those who are at risk of self-
harm.\43\ Nationwide, about 60% of gun deaths are suicides, and 
the rate of firearm-related suicide in the population has 
increased 24% since 1999.\44\ A total of 23,941 people used 
guns to end their own lives in 2019.\45\ Numerous studies have 
shown that suicides are usually impulsive acts, and that 
restricting access to guns for people who are at risk of 
suicide reduces the likelihood of their dying by their own 
hand.\46\ In addition, a recent analysis of California's GVRO 
cases suggests that urgent, individualized intervention can 
play a role in efforts to prevent mass shootings, in healthcare 
settings and elsewhere.\47\ The authors of the study conclude 
that ``[i]n their demographic characteristics, frequent 
declarations of intent, declarations of animosity toward 
targeted populations, and access to firearms, . . . 
[individuals subjected to GVROs] resemble persons who have 
committed mass violence.''\48\
---------------------------------------------------------------------------
    \43\Bonnie, et al., supra note 17, at 4-5.
    \44\Id.
    \45\Centers for Disease Control and Prevention, Web-Based Injury 
Statistics Query System (WISQARS), ``Fatal Injury Reports,'' Last 
accessed Oct. 21, 2021, https://wisqars.cdc.gov/fatal-    reports.
    \46\Bonnie, et al., supra note 17, at 4.
    \47\Wintemute, et al., supra note 29.
    \48\Id.
---------------------------------------------------------------------------
    Finally, reflecting expert consensus, the 2018 Final Report 
of the Federal Commission on School Safety included this 
recommendation: ``States should adopt ERPO laws that 
incorporate an appropriate evidentiary standard to temporarily 
restrict firearms access by individuals found to be a danger to 
themselves or others.''\49\
---------------------------------------------------------------------------
    \49\U.S. Dep't. of Educ., et al., Final Report of the Federal 
Commission on School Safety (Dec. 18, 2018), at 94, https://
www2.ed.gov/documents/school-safety/school-safety-report.pdf.
---------------------------------------------------------------------------
    Although ERPO laws have proven to be successful in the 
states, a federal law is needed to provide these-life saving 
mechanisms to be utilized nationally and save lives.

                                Hearings

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
the following hearing was used to consider H.R. 2377:
    On May 20, 2021, the Subcommittee on Crime, Terrorism, and 
Homeland Security held a hearing on ``An Unending Crisis: 
Essential Steps to Reducing Gun Violence and Mass Shootings.'' 
The Subcommittee heard testimony from:
           The Honorable Vikki Goodwin, Member of the 
        House of Representatives, State of Texas;
           Fred Guttenberg, Author and Gun Safety 
        Advocate;
           J. Adam Skaggs, Chief Counsel and Policy 
        Director, Giffords Law Center to Prevent Gun Violence;
           Michael E. Grady, Senior Pastor, Prince of 
        Peace Christian Fellowship; and
           Dianna Muller, Founder, The DC Project.
    The hearing explored the facts and data on gun violence and 
a range of policy proposals to reduce gun violence, including 
extreme risk protection orders.

                        Committee Consideration

    On October 27, 2021, the Committee met in open session and 
ordered the bill, H.R. 2377, favorably reported, as amended, by 
a rollcall vote of 24 to 18, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 2377:
    1. An amendment by Mr. Fitzgerald to prohibit a court from 
considering activities protected under the First Amendment, 
including parents voicing concerns about school board 
decisions, when determining whether to issue a federal ERPO was 
defeated by a rollcall vote of 19 to 23. The vote was as 
follows:


	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    2. An amendment by Mr. Steube to allow a court to assess 
attorney fees against an individual who knowingly submits 
materially false information to the court in a petition for a 
federal ERPO, or who knowingly files such a petition that is 
frivolous, unreasonable, or without foundation was defeated by 
a rollcall vote of 18 to 24. The vote was as follows:


	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    3. An amendment by Mr. Steube to change the evidentiary 
standards for issuance of an ex parte or long-term ERPO to 
beyond a reasonable doubt was defeated by a rollcall vote of 19 
to 23. The vote was as follows:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    4. An amendment in the nature of a substitute by Mr. Nadler 
passed by a rollcall vote of 24 to 19. The vote was as follows:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    5. A motion to report H.R. 2377, as amended, was agreed to 
by a rollcall vote of 24 to 18. The vote was as follows:


	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House rule X, are incorporated in the descriptive portions 
of this report.

                Committee Estimate of Budgetary Effects

    Pursuant to clause 3(d)(1) of House rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(2) of House rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause (3)(c)(3) of House rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee sets forth, 
with respect to the bill, H.R. 2377, the following analysis and 
estimate prepared by the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 16, 2022.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2377, the Federal 
Extreme Risk Protection Order Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lindsay 
Wylie.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    
    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    The bill would
           Allow family members and law enforcement 
        officials to file petitions in federal courts 
        requesting extreme risk protection orders (ERPOs) for 
        the removal of firearms from people who are believed to 
        present an extreme risk of harm to themselves or others
           Direct the U.S. Marshals Service (USMS) to 
        serve federal ERPOs, remove firearms and ammunition if 
        so ordered, and store those items
           Require federal law enforcement agencies to 
        develop training on implementing the bill
           Make it a federal crime to possess or to 
        ship, transport, or receive firearms or ammunition via 
        interstate or foreign commerce while such a court order 
        is in effect
           Impose private-sector mandates by 
        prohibiting people who are subject to an ERPO from 
        possessing, purchasing, or transferring firearms or 
        ammunition while that order is in effect; and 
        prohibiting other entities from selling or transferring 
        firearms or ammunition to people who are subject to 
        such an order
    Estimated budgetary effects would mainly stem from
           Spending by federal courts to conduct 
        hearings on ERPOs
           Spending by the USMS to serve ERPOs
           Spending by federal law enforcement agencies 
        on training
    Areas of significant uncertainty include
           Estimating the number of ERPOs that would be 
        filed in federal courts

Bill Summary

    H.R. 2377 would allow family members and law enforcement 
officials to file petitions in federal courts requesting 
extreme risk protection orders (ERPOs) for the removal of 
firearms from people who are believed to present an extreme 
risk of harm to themselves or others. The bill would require 
the U.S. Marshals Service (USMS) to serve federal ERPOs, remove 
firearms if so ordered, and store firearms until a hearing can 
be held to determine whether the firearms should be returned to 
or kept from the respondent for a specific period.

Estimated Federal Cost

    The costs of the legislation fall within budget function 
750 (administration of justice).

Basis of Estimate

    For this estimate, CBO assumes that the legislation will be 
enacted in late fiscal year 2022 and that the estimated amounts 
will be appropriated for each fiscal year. Estimated outlays 
are based on historical patterns for similar programs.

Direct Spending and Revenues

    H.R. 2377 would prohibit people subject to an ERPO from 
receiving firearms or ammunition, and it would prohibit 
entities or other persons from providing, selling, or otherwise 
making such items available to people subject to an ERPO. 
Violations in either case could result in federal criminal 
charges and fines. Fines would be recorded as revenues and 
deposited in the Crime Victims Fund, and they could be spent 
without further appropriation. CBO expects any additional 
revenues and associated direct spending would not be 
significant because relatively few additional cases would be 
likely to occur.

Spending Subject to Appropriation

    Assuming appropriation of the estimated amounts, CBO 
estimates that enacting H.R. 2377 would cost $188 million over 
the 2022-2026 period (see Table 1).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 2377
----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, millions of dollars--
                                                  --------------------------------------------------------------
                                                     2022      2023      2024      2025      2026     2022-2026
----------------------------------------------------------------------------------------------------------------
Federal Judiciary:
    Estimated Authorization......................         1        12        12        13        13           51
    Estimated Outlays............................         1        11        12        13        13           50
U.S. Marshals Service:
    Estimated Authorization......................        16        25        26        27        29          124
    Estimated Outlays............................        15        24        26        27        28          121
Law Enforcement Training:
    Estimated Authorization......................         1         4         4         4         5           18
    Estimated Outlays............................         1         4         4         4         5           18
Total Changes:
    Estimated Authorization......................        18        41        43        45        47          193
    Estimated Outlays............................        16        39        43        45        46          188
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.

    Federal Judiciary. Nineteen states and the District of 
Columbia currently have ``red flag laws,'' which allow people 
to petition the courts to issue ERPOs; nine other states 
currently are considering such laws. H.R. 2377 would allow 
family members, household members, and law enforcement 
officials to file ERPO petitions in federal district courts 
instead of state courts. Under H.R. 2377, petitioners would not 
pay court filing fees.
    Using information from the USMS, the Administrative Office 
of the U.S.Courts (AOUSC), and states with ERPO laws, CBO 
estimates that roughly 10,000 petitions would be filed each 
year over the 2022-2026 period in state and federal courts. Of 
that total, CBO expects roughly 4,500 each year would be filed 
in federal courts with the remaining filed in state courts.
    The federal judiciary would incur costs to process and hold 
hearings for petitions that are filed in federal district 
courts. In addition, under the bill, respondents who cannot 
afford representation would be entitled to counsel appointed 
and paid by the court. Using information from the AOUSC about 
the average cost of a hearing, CBO estimates that federal 
courts would spend about $10 million annually over the 2022-
2026 period to hold hearings and perform other work for new 
filings and about $2 million annually to provide representation 
for respondents.
    U.S. Marshals Service. Under the bill, the USMS would serve 
respondents with ERPOs approved by a federal judge, remove 
firearms and ammunition from the respondents, and store those 
articles in agency facilities until an order expires. Using 
information about approval rates for state ERPO petitions, CBO 
estimates that roughly 4,500 federal petitions would be filed 
annually and that judges would approve orders in about 60 
percent of those cases, resulting in the issuance of about 
2,700 ERPOs.
    On the basis of information from the USMS, CBO estimates 
that the agency would require about $25 million annually and 
$121 million over the 2022-2026 period to implement the bill. 
Of that total, CBO estimates that the USMS would incur the 
following costs to plan and support field operations over the 
2022-2026 period:
           $45 million to compensate the equivalent of 
        94 employees for time spent on administrative support 
        activities, such as managing documents and coordinating 
        with officers and court personnel;
           $36 million to compensate the equivalent of 
        about 60 full-time federal marshals to plan field 
        operations, remove firearms from respondents, 
        coordinate with federal courts, and store firearms and 
        ammunition;
           $16 million to employ 22 intelligence 
        analysts to assess security threats to field operations 
        and to federal judges and courts;
           $10 million to build secure storage areas 
        for firearms and ammunition in 330 facilities used by 
        the USMS;
           $9 million for security training for 
        marshals; and
           $7 million to employ two attorneys, one 
        paralegal, and six staff members to oversee the 
        program.
    Law Enforcement Training. H.R. 2377 would require all 
federal law enforcement officers to undergo ERPO training. 
About 4,000 of the nation's 133,000 federal law enforcement 
officers are U.S. Marshals. Assuming that their ERPO training 
costs are accounted for above, and assuming that all remaining 
officers undergo approximately two hours of ERPO training each 
year, CBO estimates that this provision would cost about $4 
million annually over the 2022-2026 period.

Uncertainty

    In estimating the effects of H.R. 2377, CBO had to account 
for uncertainty in projecting the number of ERPO petitions that 
would be filed in federal courts, which in turn would affect 
the workload of the USMS and the federal judiciary. The volume 
of such filings would depend both on individual people's 
decisions about whether to file a petition and on the number of 
states that enact new red flag laws. Therefore, the volume of 
ERPOs could be larger or smaller than CBO has estimated and 
annual costs for the USMS could be higher or lower than CBO has 
estimated.

Pay-As-You-Go Considerations

    The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. The net changes in outlays and 
revenues that are subject to those pay-as-you-go procedures 
would be less than $500,000 in every year and over the 2022-
2031 period.

Increase in Long-Term Deficits

    CBO estimates that enacting H.R. 2377 would not 
significantly increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2032.

Mandates

    H.R. 2377 contains private-sector mandates as defined in 
the Unfunded Mandates Reform Act (UMRA). CBO estimates that the 
aggregate cost of complying with the mandates would fall below 
the annual threshold established in UMRA of $170 million in 
2021 (adjusted annually for inflation).
    The bill does not contain intergovernmental mandates.
    About half of the U.S. population lives in a state with 
current red flag laws similar to the types of restrictions that 
H.R. 2377 would impose. The mandates in the bill would affect 
the other half of the U.S. population that reside in states 
without red flag laws. CBO estimates that about 4,500 ERPOs 
would be filed each year in federal courts nationwide; of that 
total, CBO further estimates that about 2,500 would be filed 
and approved in states without current red flag laws.
    H.R. 2377 would impose mandates on people who are subject 
to an ERPO and reside in states that currently do not have red 
flag laws by temporarily prohibiting them from purchasing or 
possessing firearms or ammunition. Because ERPOs are temporary 
in nature and relatively few people would be affected by the 
orders, CBO estimates that that the cost of the mandate would 
be minimal.
    H.R. 2377 also would impose a mandate on firearms dealers 
in states that currently do not have red flag laws by 
temporarily prohibiting them from selling firearms or 
ammunition to people who are subject to ERPOs. The cost of the 
mandate would be the lost revenue from the temporarily blocked 
sales. The amount and length of the delay could vary. Because 
of the small number of transactions that would be temporarily 
prevented, CBO estimates that the cost of the mandate would be 
small.
    Estimate prepared by: Federal costs: Lindsay Wylie (U.S. 
Marshals Service), Jon Sperl (Federal Judiciary); Mandates: 
Lilia Ledezma.
    Estimate Reviewed By: Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; Leo Lex, 
Deputy Director of Budget Analysis; Theresa Gullo, Director of 
Budget Analysis.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 2377 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H.R. 2377 would improve law enforcement's 
ability to prevent gun violence by providing a way to ensure 
that those who are a danger to themselves or others are not 
able to access firearms. Additionally, the bill would require 
the Director of the Administrative Office of the United States 
Courts to report to Congress on the number of petitions for ex 
parte and long-term ERPOs filed, issued, and denied; the number 
of renewals filed, issued, and denied; the number of cases in 
which a court issued a penalty for false reporting; demographic 
data on petitioners and respondents; and the total number of 
firearms removed pursuant to an ERPO.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 2377 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(d), 
9(e), or 9(f) of House rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short Title. Section 1 sets forth the short title 
of the bill as the ``Federal Extreme Risk Protection Order Act 
of 2021.''
    Sec. 2. Federal Extreme Risk Protection Orders. Section 2 
sets forth a number of definitions applicable to the section. 
The term ``federal extreme risk protection order'' means an 
order issued by a federal court that enjoins an individual from 
purchasing, possessing, or receiving, in or affecting 
interstate and foreign commerce, a firearm or ammunition. A 
petitioner is the person who applies for an ERPO and a 
respondent is the person who is prevented from accessing a 
firearm if the ERPO is granted. With respect to a petitioner, 
the term ``family or household member'' means: (1) any parent, 
spouse, sibling, or child related by blood, marriage, or 
adoption to the respondent; (2) any dating partner of the 
respondent; (3) any individual who has a child in common with 
the respondent; (4) any individual who resides or has resided 
with the respondent during the previous year; (5) any domestic 
partner of the respondent; (6) any individual who has a legal 
parent-child relationship with the respondent, including a 
stepparent-stepchild and grandparent-grandchild relationship; 
and (7) any individual who is acting or has acted as the legal 
guardian of the respondent.
    A federal ERPO petition for either an ex parte (short-term) 
ERPO or a long-term ERPO may be initiated by a family or 
household member of an applicable individual, or by a law 
enforcement officer, who would begin the process by submitting 
a petition for the issuance of either type of ERPO to an 
appropriate district court. No fee would be charged to the 
petitioner. The bill would permit a law enforcement petitioner 
to submit to the court, under seal, the identity of their 
sources and any identifying information.
    The bill would require a petition for an ex parte ERPO to 
be either granted or denied by the court on the date on which 
the petition is submitted, but if the court receives the 
petition too late in the day to permit effective review, the 
bill would require the court to grant or deny the petition on 
the next day of judicial business, but early enough to provide 
for an order to be filed with the clerk of the court on that 
day.
    The bill would require a signed affidavit, sworn to before 
the court, explaining why the petitioner believes the 
respondent poses a risk of imminent injury to himself, herself, 
or another individual, by purchasing, possessing, or receiving 
a firearm or ammunition, and describing the interactions and 
conversations of the petitioner with the respondent or with 
another individual (if the petitioner believes that individual 
is credible and reliable).
    The standard for issuance of an ex parte ERPO would be a 
finding of probable cause to believe that the respondent poses 
a risk of imminent personal injury to himself, herself, or 
another individual by purchasing, possessing, or receiving a 
firearm, and that the ERPO is necessary to prevent the injury. 
The ex parte ERPO would expire 14 days after the date of its 
issuance or on the date on which the court determines whether 
to issue a long-term ERPO.
    When the court receives a petition for a long-term ERPO, 
the bill would require the court to hold a hearing to determine 
whether to issue a long-term ERPO. If the court issues an ex 
parte order, the court would have to hold a hearing not later 
than 72 hours after the ERPO is served on the respondent. If 
the respondent waives the right to a hearing within 72 hours or 
the court does not issue an ex parte ERPO, the bill would 
direct the court to hold a hearing not later than 14 days from 
when the court receives the petition.
    The court would be obligated to provide the respondent with 
notice and an opportunity to be heard at a hearing, sufficient 
to protect his or her due process rights. The respondent would 
also have a right to counsel of his or her choosing, or, if the 
respondent is financially unable to afford counsel, the court 
shall--at the respondent's request--ensure, to the extent 
practicable, that the respondent is represented by an attorney 
with respect to the petition.
    The petitioner would have the burden of proving all 
material facts and of demonstrating, by clear and convincing 
evidence, that: (1) during the period covered by the proposed 
ERPO, the respondent poses a risk of harm to himself or 
herself, or to another person if the respondent purchases, 
possesses, or receives a firearm or ammunition, and (2) the 
ERPO is necessary to prevent injury. If the petitioner 
establishes these facts by clear and convincing evidence, the 
bill directs the court to issue a long-term ERPO to remain in 
effect for no more than 180 days. If the evidence does not 
support the issuance of a long-term ERPO, the bill directs the 
court to dissolve any ex parte order then in effect against the 
respondent.
    The bill would require the court to notify the petitioner 
and the respondent about the scheduled expiration of a long-
term ERPO 30 days before it is scheduled to expire. The court 
would be required to advise both parties of the procedures for 
seeking a renewal of the ERPO. If a family or household member, 
or a law enforcement officer, believes that the conditions 
under which the long-term ERPO was issued continue to apply, he 
or she may submit a petition for renewal of the ERPO. The bill 
would require the court to hold a renewal hearing, and the same 
procedures as those that apply to the issuance of long-term 
ERPOs would apply again. The court would issue a renewed long-
term ERPO if it were shown by clear and convincing evidence 
that the conditions under which the original ERPO was issued 
continue to apply.
    The bill would direct the court to examine several factors 
when considering whether to issue an ERPO. These are: (1) a 
recent threat or act of violence by the respondent directed 
toward another individual; (2) a recent threat or act of 
violence by the respondent directed toward himself or herself; 
(3) a recent act of cruelty to an animal by the respondent; and 
(4) evidence of ongoing abuse of a controlled substance or 
alcohol by the respondent that has led to a threat or act of 
violence directed toward himself, herself, or other 
individuals. The court also would be permitted to consider 
other factors, including the reckless use, display, or 
brandishing or a firearm by the respondent, a history of 
violence or attempted violence by the respondent against 
another individual, and evidence of an explicit or implicit 
threat made by the person, through any medium, that 
demonstrates that the person poses a risk of personal injury to 
himself, herself, or others.
    The bill would require personal service of an ERPO by a 
U.S. marshal or a designated law enforcement officer. If the 
respondent cannot reasonably be located, the ERPO could be 
served in a manner authorized by the Federal Rules of Civil 
Procedure.
    Upon service, the respondent is ordered to surrender all 
firearms and ammunition possessed or owned by the respondent, 
in or affecting interstate commerce, as well as any permit 
authorizing the purchase or possession of firearms (including a 
concealed carry permit). The bill would require such surrender, 
immediately, at the time a respondent is personally served with 
an ERPO. The respondent would be allowed to choose between (1) 
immediate surrender to the U.S. marshal or designated law 
enforcement officer, and (2) immediate surrender and sale to a 
federally-licensed firearms dealer. A U.S. marshal or 
designated law enforcement officer taking possession of all 
firearms, ammunition and permits that are not sold, would take 
possession of those items that are surrendered, in plain sight, 
or discovered pursuant to a lawful search.
    If a U.S. marshal or designated law enforcement officer 
were unable to personally serve the ERPO or were not reasonably 
able to take custody of firearms, ammunition, or permits, the 
respondent would be directed to surrender the firearms, 
ammunition and permits in a safe manner, not later than 48 
hours after being served with the ERPO.
    At the time of surrender or removal, the U.S. marshal or 
designated law enforcement officer would be required to issue a 
receipt identifying all items surrendered or removed pursuant 
to the ERPO and to provide a copy of the receipt to the 
respondent. The bill would require the U.S. marshal or law 
enforcement officer who issued the receipt to file the original 
receipt with the court that issued the ERPO not later than 72 
hours after the receipt is issued and to ensure that the United 
States Marshals Service retains a copy of the receipt.
    If a respondent knowingly attempts, in violation of an 
ERPO, to access a firearm, ammunition, or a permit that was 
surrendered or removed, the items would be subject to seizure 
and forfeiture under section 924(d) of title 18.
    If an ERPO is dissolved or expired, and not renewed, the 
court that issued the order would direct the U.S. Marshals 
Service to confirm through the NICS and other databases that 
the respondent may lawfully own and possess firearms and 
ammunition, and, if that were the case, notify the respondent 
that he or she may retrieve any surrendered or removed 
firearms, ammunition, or permits. The bill would then direct 
the court to order the entity that possesses each firearm, 
ammunition, or permit surrendered or removed from the 
respondent pursuant to this bill to return those items. If the 
respondent may not lawfully own or possess firearms and 
ammunition, the court would notify him or her that each item 
surrendered or removed will be returned only when the 
respondent demonstrates to the U.S. Marshals Service that he or 
she may lawfully own and possess firearms and ammunition.
    If a court in a hearing on a long-term ERPO determines that 
a firearm or ammunition is owned by an individual other than 
the respondent, it may order that the firearm or ammunition be 
returned to that individual upon confirmation that the 
individual is authorized to own and possess the firearm or 
ammunition and that the individual will not provide the 
respondent access to the firearm or ammunition.
    If a person knowingly provides materially false information 
to the court during an ERPO hearing, or knowingly files a 
petition that is frivolous, unreasonable, or without 
foundation, they would be fined not more than $5,000, or 
imprisoned not more than 5 years, or both, except to the extent 
that a greater sentence is otherwise provided by any other 
provision of law, as the court deems necessary to deter abuse 
of the ERPO process.
    The bill would direct the Director of the Administrative 
Office of the U.S. Courts to develop a model policy to maximize 
the accessibility of federal ERPOs. The model policy would be 
required to include provisions to: (1) ensure that state, 
tribal, and local law enforcement officers and members of the 
public without legal training are able to easily file ERPO 
petitions; (2) prescribe outreach efforts by district court 
employees to familiarize relevant law enforcement officers and 
the public with the procedures for filing petitions; (3) 
prescribe policies for allowing filing of petitions and 
adjudication on weekends and outside of normal court hours; (4) 
prescribe policies for coordinating with law enforcement 
agencies for safe, timely, and effective service of ERPOs and 
relinquishment of firearms, ammunition and permits; and (5) 
identify governmental and non-governmental resources and 
partners to help officials of the district courts coordinate 
with civil society organizations to ensure safe and effective 
implementation.
    The bill would direct a district court that issues or 
dissolves an ERPO, or under whose purview an ERPO expires 
without being renewed, not later than 2 court days after any of 
these events, to notify (in electronic format) the Attorney 
General, each relevant mental health agency in the state where 
the ERPO is issued, and the State or local law enforcement 
officials in the jurisdiction where the order issued (and the 
NICS single point of contact for the respondent's State of 
residence, where applicable). The bill would direct the 
Attorney General to update the background check databases of 
the Attorney General to articulate the prohibitions in the 
applicable ERPO, as quickly as practicable, but not later than 
five days after receiving notice of the ERPO.
    Not later than one year after enactment of this bill, and 
annually thereafter, the Director of the Administrative Office 
of the U.S. Courts would be required to submit a report to the 
Committees on the Judiciary of the Senate and the House of 
Representatives, including the following statistics about the 
preceding year: (1) the number of ex parte ERPO petitions, 
long-term ERPO petitions, and petitions for renewal filed, 
issued, and denied; (2) the number of cases in which a court 
issued a penalty for false reporting or for filing a frivolous 
ERPO petition; (3) demographic data of petitioners and 
respondents, including race, ethnicity, national origin, sex, 
gender, age, disability, average annual income, and English 
language proficiency, if available; and (4) the total number of 
firearms removed, and, if available, the number of firearms 
removed pursuant to each ERPO.
    The bill would require federal law enforcement agencies to 
train their officers in the safe, impartial, effective, and 
equitable use and administration of federal ERPOs, including 
training to address (1) bias based on race and racism, 
ethnicity, gender identity, sexual orientation, gender 
identity, religion, language proficiency, mental health 
condition, disability, and classism; (2) the appropriate use of 
ERPOs in cases of domestic violence; (3) interacting with 
persons with mental, behavioral, or physical disabilities, or 
emotional distress, including de-escalation; (4) community 
relations; and (5) best practices for referrals to social 
service providers, including health care, mental health, 
substance abuse, legal services, employment and vocational 
services, housing assistance, case management, and veterans and 
disability benefits. The bill would require federal agencies 
developing the required training to seek advice from relevant 
experts within the state they are located.
    The bill would underscore that nothing in the bill shall be 
construed to alter the requirements relating to domestic 
violence protective orders contained in 18 U.S.C. sections 
922(d)(8) and (g)(8). The bill would make technical and 
conforming amendments to ensure forfeiture, under certain 
circumstances, in the event of an attempt to violate an ERPO.
    Sec. 3. Federal Firearms Prohibition. Section 3 would amend 
section 922 of title 18 of the U.S. Code to prohibit the sale, 
transfer, possession, or receipt of firearms or ammunition by 
those who are subject to a prohibition on the ownership, 
purchase, possession, or receipt of a firearm or ammunition, or 
who are required to surrender a firearm, so long as the order 
is issued in a manner consistent with due process rights and 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.
    Sec. 4. Severability. Section 4 would provide that if any 
provision of the bill, any amendment thereto, or any 
application of such a provision to any particular person or 
circumstance were later to be held invalid, the bill would 
ensure that any remaining provisions, amendments, or 
application of such invalid provision to other persons or 
circumstances would not be affected.
    Sec. 5. Effective Date. Section 5 would provide that the 
bill shall take effect 180 days after enactment.
    Sec. 6. Preemption. Section 6 would state that nothing in 
the bill shall be construed to preempt any state law or policy.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE




           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


                          CHAPTER 44--FIREARMS


Sec.
921. Definitions.
     * * * * * * *
932. Extreme risk protection orders.

           *       *       *       *       *       *       *


Sec. 922. Unlawful acts

  (a) It shall be unlawful--
          (1) for any person--
                  (A) except a licensed importer, licensed 
                manufacturer, or licensed dealer, to engage in 
                the business of importing, manufacturing, or 
                dealing in firearms, or in the course of such 
                business to ship, transport, or receive any 
                firearm in interstate or foreign commerce; or
                  (B) except a licensed importer or licensed 
                manufacturer, to engage in the business of 
                importing or manufacturing ammunition, or in 
                the course of such business, to ship, 
                transport, or receive any ammunition in 
                interstate or foreign commerce;
          (2) for any importer, manufacturer, dealer, or 
        collector licensed under the provisions of this chapter 
        to ship or transport in interstate or foreign commerce 
        any firearm to any person other than a licensed 
        importer, licensed manufacturer, licensed dealer, or 
        licensed collector, except that--
                  (A) this paragraph and subsection (b)(3) 
                shall not be held to preclude a licensed 
                importer, licensed manufacturer, licensed 
                dealer, or licensed collector from returning a 
                firearm or replacement firearm of the same kind 
                and type to a person from whom it was received; 
                and this paragraph shall not be held to 
                preclude an individual from mailing a firearm 
                owned in compliance with Federal, State, and 
                local law to a licensed importer, licensed 
                manufacturer, licensed dealer, or licensed 
                collector;
                  (B) this paragraph shall not be held to 
                preclude a licensed importer, licensed 
                manufacturer, or licensed dealer from 
                depositing a firearm for conveyance in the 
                mails to any officer, employee, agent, or 
                watchman who, pursuant to the provisions of 
                section 1715 of this title, is eligible to 
                receive through the mails pistols, revolvers, 
                and other firearms capable of being concealed 
                on the person, for use in connection with his 
                official duty; and
                  (C) nothing in this paragraph shall be 
                construed as applying in any manner in the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, or any possession of the United 
                States differently than it would apply if the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, or the possession were in fact a 
                State of the United States;
          (3) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector to transport into or receive in the State 
        where he resides (or if the person is a corporation or 
        other business entity, the State where it maintains a 
        place of business) any firearm purchased or otherwise 
        obtained by such person outside that State, except that 
        this paragraph (A) shall not preclude any person who 
        lawfully acquires a firearm by bequest or intestate 
        succession in a State other than his State of residence 
        from transporting the firearm into or receiving it in 
        that State, if it is lawful for such person to purchase 
        or possess such firearm in that State, (B) shall not 
        apply to the transportation or receipt of a firearm 
        obtained in conformity with subsection (b)(3) of this 
        section, and (C) shall not apply to the transportation 
        of any firearm acquired in any State prior to the 
        effective date of this chapter;
          (4) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector, to transport in interstate or foreign 
        commerce any destructive device, machinegun (as defined 
        in section 5845 of the Internal Revenue Code of 1986), 
        short-barreled shotgun, or short-barreled rifle, except 
        as specifically authorized by the Attorney General 
        consistent with public safety and necessity;
          (5) for any person (other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector) to transfer, sell, trade, give, transport, 
        or deliver any firearm to any person (other than a 
        licensed importer, licensed manufacturer, licensed 
        dealer, or licensed collector) who the transferor knows 
        or has reasonable cause to believe does not reside in 
        (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the 
        State in which the transferor resides; except that this 
        paragraph shall not apply to (A) the transfer, 
        transportation, or delivery of a firearm made to carry 
        out a bequest of a firearm to, or an acquisition by 
        intestate succession of a firearm by, a person who is 
        permitted to acquire or possess a firearm under the 
        laws of the State of his residence, and (B) the loan or 
        rental of a firearm to any person for temporary use for 
        lawful sporting purposes;
          (6) for any person in connection with the acquisition 
        or attempted acquisition of any firearm or ammunition 
        from a licensed importer, licensed manufacturer, 
        licensed dealer, or licensed collector, knowingly to 
        make any false or fictitious oral or written statement 
        or to furnish or exhibit any false, fictitious, or 
        misrepresented identification, intended or likely to 
        deceive such importer, manufacturer, dealer, or 
        collector with respect to any fact material to the 
        lawfulness of the sale or other disposition of such 
        firearm or ammunition under the provisions of this 
        chapter;
          (7) for any person to manufacture or import armor 
        piercing ammunition, unless--
                  (A) the manufacture of such ammunition is for 
                the use of the United States, any department or 
                agency of the United States, any State, or any 
                department, agency, or political subdivision of 
                a State;
                  (B) the manufacture of such ammunition is for 
                the purpose of exportation; or
                  (C) the manufacture or importation of such 
                ammunition is for the purpose of testing or 
                experimentation and has been authorized by the 
                Attorney General;
          (8) for any manufacturer or importer to sell or 
        deliver armor piercing ammunition, unless such sale or 
        delivery--
                  (A) is for the use of the United States, any 
                department or agency of the United States, any 
                State, or any department, agency, or political 
                subdivision of a State;
                  (B) is for the purpose of exportation; or
                  (C) is for the purpose of testing or 
                experimentation and has been authorized by the 
                Attorney General;
          (9) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector, who does not reside in any State to receive 
        any firearms unless such receipt is for lawful sporting 
        purposes.
  (b) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector to sell or 
deliver--
          (1) any firearm or ammunition to any individual who 
        the licensee knows or has reasonable cause to believe 
        is less than eighteen years of age, and, if the 
        firearm, or ammunition is other than a shotgun or 
        rifle, or ammunition for a shotgun or rifle, to any 
        individual who the licensee knows or has reasonable 
        cause to believe is less than twenty-one years of age;
          (2) any firearm to any person in any State where the 
        purchase or possession by such person of such firearm 
        would be in violation of any State law or any published 
        ordinance applicable at the place of sale, delivery or 
        other disposition, unless the licensee knows or has 
        reasonable cause to believe that the purchase or 
        possession would not be in violation of such State law 
        or such published ordinance;
          (3) any firearm to any person who the licensee knows 
        or has reasonable cause to believe does not reside in 
        (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the 
        State in which the licensee's place of business is 
        located, except that this paragraph (A) shall not apply 
        to the sale or delivery of any rifle or shotgun to a 
        resident of a State other than a State in which the 
        licensee's place of business is located if the 
        transferee meets in person with the transferor to 
        accomplish the transfer, and the sale, delivery, and 
        receipt fully comply with the legal conditions of sale 
        in both such States (and any licensed manufacturer, 
        importer or dealer shall be presumed, for purposes of 
        this subparagraph, in the absence of evidence to the 
        contrary, to have had actual knowledge of the State 
        laws and published ordinances of both States), and (B) 
        shall not apply to the loan or rental of a firearm to 
        any person for temporary use for lawful sporting 
        purposes;
          (4) to any person any destructive device, machinegun 
        (as defined in section 5845 of the Internal Revenue 
        Code of 1986), short-barreled shotgun, or short-
        barreled rifle, except as specifically authorized by 
        the Attorney General consistent with public safety and 
        necessity; and
          (5) any firearm or armor-piercing ammunition to any 
        person unless the licensee notes in his records, 
        required to be kept pursuant to section 923 of this 
        chapter, the name, age, and place of residence of such 
        person if the person is an individual, or the identity 
        and principal and local places of business of such 
        person if the person is a corporation or other business 
        entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not 
apply to transactions between licensed importers, licensed 
manufacturers, licensed dealers, and licensed collectors. 
Paragraph (4) of this subsection shall not apply to a sale or 
delivery to any research organization designated by the 
Attorney General.
  (c) In any case not otherwise prohibited by this chapter, a 
licensed importer, licensed manufacturer, or licensed dealer 
may sell a firearm to a person who does not appear in person at 
the licensee's business premises (other than another licensed 
importer, manufacturer, or dealer) only if--
          (1) the transferee submits to the transferor a sworn 
        statement in the following form:
          ``Subject to penalties provided by law, I swear that, 
        in the case of any firearm other than a shotgun or a 
        rifle, I am twenty-one years or more of age, or that, 
        in the case of a shotgun or a rifle, I am eighteen 
        years or more of age; that I am not prohibited by the 
        provisions of chapter 44 of title 18, United States 
        Code, from receiving a firearm in interstate or foreign 
        commerce; and that my receipt of this firearm will not 
        be in violation of any statute of the State and 
        published ordinance applicable to the locality in which 
        I reside. Further, the true title, name, and address of 
        the principal law enforcement officer of the locality 
        to which the firearm will be delivered are ____________
          _______________________
        Signature _________ Date ____.''
        and containing blank spaces for the attachment of a 
        true copy of any permit or other information required 
        pursuant to such statute or published ordinance;
          (2) the transferor has, prior to the shipment or 
        delivery of the firearm, forwarded by registered or 
        certified mail (return receipt requested) a copy of the 
        sworn statement, together with a description of the 
        firearm, in a form prescribed by the Attorney General, 
        to the chief law enforcement officer of the 
        transferee's place of residence, and has received a 
        return receipt evidencing delivery of the statement or 
        has had the statement returned due to the refusal of 
        the named addressee to accept such letter in accordance 
        with United States Post Office Department regulations; 
        and
          (3) the transferor has delayed shipment or delivery 
        for a period of at least seven days following receipt 
        of the notification of the acceptance or refusal of 
        delivery of the statement.
A copy of the sworn statement and a copy of the notification to 
the local law enforcement officer, together with evidence of 
receipt or rejection of that notification shall be retained by 
the licensee as a part of the records required to be kept under 
section 923(g).
  (d) It shall be unlawful for any person to sell or otherwise 
dispose of any firearm or ammunition to any person knowing or 
having reasonable cause to believe that such person--
          (1) is under indictment for, or has been convicted in 
        any court of, a crime punishable by imprisonment for a 
        term exceeding one year;
          (2) is a fugitive from justice;
          (3) is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) has been adjudicated as a mental defective or has 
        been committed to any mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) is subject to a court order that restrains such 
        person from harassing, stalking, or threatening an 
        intimate partner of such person or child of such 
        intimate partner or person, or engaging in other 
        conduct that would place an intimate partner in 
        reasonable fear of bodily injury to the partner or 
        child, except that this paragraph shall only apply to a 
        court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had the opportunity to participate; 
                and
                  (B)(i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; or
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; [or]
          (9) has been convicted in any court of a misdemeanor 
        crime of domestic violence[.]; or
          (10) is subject to a court order that--
                  (A)(i) was issued after a hearing of which 
                the person received actual notice, and at which 
                the person had an opportunity to participate; 
                or
                  (ii) in the case of an ex parte order, 
                relative to which notice and opportunity to be 
                heard are provided--
                          (I) within the time required by 
                        Federal, State, Tribal, or territorial 
                        law; and
                          (II) in any event within a reasonable 
                        time after the order is issued, 
                        sufficient to protect the due process 
                        rights of the person;
                  (B) prevents such person from possessing or 
                receiving firearm; and
                  (C) includes a finding that such person poses 
                a danger of harm to self or others.
This subsection shall not apply with respect to the sale or 
disposition of a firearm or ammunition to a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector 
who pursuant to subsection (b) of section 925 of this chapter 
is not precluded from dealing in firearms or ammunition, or to 
a person who has been granted relief from disabilities pursuant 
to subsection (c) of section 925 of this chapter.
  (e) It shall be unlawful for any person knowingly to deliver 
or cause to be delivered to any common or contract carrier for 
transportation or shipment in interstate or foreign commerce, 
to persons other than licensed importers, licensed 
manufacturers, licensed dealers, or licensed collectors, any 
package or other container in which there is any firearm or 
ammunition without written notice to the carrier that such 
firearm or ammunition is being transported or shipped; except 
that any passenger who owns or legally possesses a firearm or 
ammunition being transported aboard any common or contract 
carrier for movement with the passenger in interstate or 
foreign commerce may deliver said firearm or ammunition into 
the custody of the pilot, captain, conductor or operator of 
such common or contract carrier for the duration of the trip 
without violating any of the provisions of this chapter. No 
common or contract carrier shall require or cause any label, 
tag, or other written notice to be placed on the outside of any 
package, luggage, or other container that such package, 
luggage, or other container contains a firearm.
  (f)(1) It shall be unlawful for any common or contract 
carrier to transport or deliver in interstate or foreign 
commerce any firearm or ammunition with knowledge or reasonable 
cause to believe that the shipment, transportation, or receipt 
thereof would be in violation of the provisions of this 
chapter.
  (2) It shall be unlawful for any common or contract carrier 
to deliver in interstate or foreign commerce any firearm 
without obtaining written acknowledgement of receipt from the 
recipient of the package or other container in which there is a 
firearm.
  (g) It shall be unlawful for any person--
          (1) who has been convicted in any court of, a crime 
        punishable by imprisonment for a term exceeding one 
        year;
          (2) who is a fugitive from justice;
          (3) who is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) who has been adjudicated as a mental defective or 
        who has been committed to a mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) who is subject to a court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had an opportunity to participate;
                  (B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of 
                such person or child of such intimate partner 
                or person, or engaging in other conduct that 
                would place an intimate partner in reasonable 
                fear of bodily injury to the partner or child; 
                and
                  (C)(i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; or
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; [or]
          (9) who has been convicted in any court of a 
        misdemeanor crime of domestic violence[,]; or
          (10) is subject to a court order that--
                  (A)(i) was issued after a hearing of which 
                the person received actual notice, and at which 
                the person had an opportunity to participate; 
                or
                  (ii) in the case of an ex parte order, 
                relative to which notice and opportunity to be 
                heard are provided--
                          (I) within the time required by 
                        Federal, State, Tribal, or territorial 
                        law; and
                          (II) in any event within a reasonable 
                        time after the order is issued, 
                        sufficient to protect the due process 
                        rights of the person;
                  (B) prevents such a person from possessing or 
                receiving firearms; and
                  (C) includes a finding that such person poses 
                a danger of harm to self or others,
to ship or transport in interstate or foreign commerce, or 
possess in or affecting commerce, any firearm or ammunition; or 
to receive any firearm or ammunition which has been shipped or 
transported in interstate or foreign commerce.
  (h) It shall be unlawful for any individual, who to that 
individual's knowledge and while being employed for any person 
described in any paragraph of subsection (g) of this section, 
in the course of such employment--
          (1) to receive, possess, or transport any firearm or 
        ammunition in or affecting interstate or foreign 
        commerce; or
          (2) to receive any firearm or ammunition which has 
        been shipped or transported in interstate or foreign 
        commerce.
  (i) It shall be unlawful for any person to transport or ship 
in interstate or foreign commerce, any stolen firearm or stolen 
ammunition, knowing or having reasonable cause to believe that 
the firearm or ammunition was stolen.
  (j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm 
or stolen ammunition, or pledge or accept as security for a 
loan any stolen firearm or stolen ammunition, which is moving 
as, which is a part of, which constitutes, or which has been 
shipped or transported in, interstate or foreign commerce, 
either before or after it was stolen, knowing or having 
reasonable cause to believe that the firearm or ammunition was 
stolen.
  (k) It shall be unlawful for any person knowingly to 
transport, ship, or receive, in interstate or foreign commerce, 
any firearm which has had the importer's or manufacturer's 
serial number removed, obliterated, or altered or to possess or 
receive any firearm which has had the importer's or 
manufacturer's serial number removed, obliterated, or altered 
and has, at any time, been shipped or transported in interstate 
or foreign commerce.
  (l) Except as provided in section 925(d) of this chapter, it 
shall be unlawful for any person knowingly to import or bring 
into the United States or any possession thereof any firearm or 
ammunition; and it shall be unlawful for any person knowingly 
to receive any firearm or ammunition which has been imported or 
brought into the United States or any possession thereof in 
violation of the provisions of this chapter.
  (m) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector knowingly 
to make any false entry in, to fail to make appropriate entry 
in, or to fail to properly maintain, any record which he is 
required to keep pursuant to section 923 of this chapter or 
regulations promulgated thereunder.
  (n) It shall be unlawful for any person who is under 
indictment for a crime punishable by imprisonment for a term 
exceeding one year to ship or transport in interstate or 
foreign commerce any firearm or ammunition or receive any 
firearm or ammunition which has been shipped or transported in 
interstate or foreign commerce.
  (o)(1) Except as provided in paragraph (2), it shall be 
unlawful for any person to transfer or possess a machinegun.
  (2) This subsection does not apply with respect to--
          (A) a transfer to or by, or possession by or under 
        the authority of, the United States or any department 
        or agency thereof or a State, or a department, agency, 
        or political subdivision thereof; or
          (B) any lawful transfer or lawful possession of a 
        machinegun that was lawfully possessed before the date 
        this subsection takes effect.
  (p)(1) It shall be unlawful for any person to manufacture, 
import, sell, ship, deliver, possess, transfer, or receive any 
firearm--
          (A) that, after removal of grips, stocks, and 
        magazines, is not as detectable as the Security 
        Exemplar, by walk-through metal detectors calibrated 
        and operated to detect the Security Exemplar; or
          (B) any major component of which, when subjected to 
        inspection by the types of x-ray machines commonly used 
        at airports, does not generate an image that accurately 
        depicts the shape of the component. Barium sulfate or 
        other compounds may be used in the fabrication of the 
        component.
  (2) For purposes of this subsection--
          (A) the term ``firearm'' does not include the frame 
        or receiver of any such weapon;
          (B) the term ``major component'' means, with respect 
        to a firearm, the barrel, the slide or cylinder, or the 
        frame or receiver of the firearm; and
          (C) the term ``Security Exemplar'' means an object, 
        to be fabricated at the direction of the Attorney 
        General, that is--
                  (i) constructed of, during the 12-month 
                period beginning on the date of the enactment 
                of this subsection, 3.7 ounces of material type 
                17-4 PH stainless steel in a shape resembling a 
                handgun; and
                  (ii) suitable for testing and calibrating 
                metal detectors:
 Provided, however, That at the close of such 12-month period, 
and at appropriate times thereafter the Attorney General shall 
promulgate regulations to permit the manufacture, importation, 
sale, shipment, delivery, possession, transfer, or receipt of 
firearms previously prohibited under this subparagraph that are 
as detectable as a ``Security Exemplar'' which contains 3.7 
ounces of material type 17-4 PH stainless steel, in a shape 
resembling a handgun, or such lesser amount as is detectable in 
view of advances in state-of-the-art developments in weapons 
detection technology.
  (3) Under such rules and regulations as the Attorney General 
shall prescribe, this subsection shall not apply to the 
manufacture, possession, transfer, receipt, shipment, or 
delivery of a firearm by a licensed manufacturer or any person 
acting pursuant to a contract with a licensed manufacturer, for 
the purpose of examining and testing such firearm to determine 
whether paragraph (1) applies to such firearm. The Attorney 
General shall ensure that rules and regulations adopted 
pursuant to this paragraph do not impair the manufacture of 
prototype firearms or the development of new technology.
  (4) The Attorney General shall permit the conditional 
importation of a firearm by a licensed importer or licensed 
manufacturer, for examination and testing to determine whether 
or not the unconditional importation of such firearm would 
violate this subsection.
  (5) This subsection shall not apply to any firearm which--
          (A) has been certified by the Secretary of Defense or 
        the Director of Central Intelligence, after 
        consultation with the Attorney General and the 
        Administrator of the Federal Aviation Administration, 
        as necessary for military or intelligence applications; 
        and
          (B) is manufactured for and sold exclusively to 
        military or intelligence agencies of the United States.
  (6) This subsection shall not apply with respect to any 
firearm manufactured in, imported into, or possessed in the 
United States before the date of the enactment of the 
Undetectable Firearms Act of 1988.
  (q)(1) The Congress finds and declares that--
          (A) crime, particularly crime involving drugs and 
        guns, is a pervasive, nationwide problem;
          (B) crime at the local level is exacerbated by the 
        interstate movement of drugs, guns, and criminal gangs;
          (C) firearms and ammunition move easily in interstate 
        commerce and have been found in increasing numbers in 
        and around schools, as documented in numerous hearings 
        in both the Committee on the Judiciary the House of 
        Representatives and the Committee on the Judiciary of 
        the Senate;
          (D) in fact, even before the sale of a firearm, the 
        gun, its component parts, ammunition, and the raw 
        materials from which they are made have considerably 
        moved in interstate commerce;
          (E) while criminals freely move from State to State, 
        ordinary citizens and foreign visitors may fear to 
        travel to or through certain parts of the country due 
        to concern about violent crime and gun violence, and 
        parents may decline to send their children to school 
        for the same reason;
          (F) the occurrence of violent crime in school zones 
        has resulted in a decline in the quality of education 
        in our country;
          (G) this decline in the quality of education has an 
        adverse impact on interstate commerce and the foreign 
        commerce of the United States;
          (H) States, localities, and school systems find it 
        almost impossible to handle gun-related crime by 
        themselves--even States, localities, and school systems 
        that have made strong efforts to prevent, detect, and 
        punish gun-related crime find their efforts unavailing 
        due in part to the failure or inability of other States 
        or localities to take strong measures; and
          (I) the Congress has the power, under the interstate 
        commerce clause and other provisions of the 
        Constitution, to enact measures to ensure the integrity 
        and safety of the Nation's schools by enactment of this 
        subsection.
  (2)(A) It shall be unlawful for any individual knowingly to 
possess a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the individual 
knows, or has reasonable cause to believe, is a school zone.
  (B) Subparagraph (A) does not apply to the possession of a 
firearm--
          (i) on private property not part of school grounds;
          (ii) if the individual possessing the firearm is 
        licensed to do so by the State in which the school zone 
        is located or a political subdivision of the State, and 
        the law of the State or political subdivision requires 
        that, before an individual obtains such a license, the 
        law enforcement authorities of the State or political 
        subdivision verify that the individual is qualified 
        under law to receive the license;
          (iii) that is--
                  (I) not loaded; and
                  (II) in a locked container, or a locked 
                firearms rack that is on a motor vehicle;
          (iv) by an individual for use in a program approved 
        by a school in the school zone;
          (v) by an individual in accordance with a contract 
        entered into between a school in the school zone and 
        the individual or an employer of the individual;
          (vi) by a law enforcement officer acting in his or 
        her official capacity; or
          (vii) that is unloaded and is possessed by an 
        individual while traversing school premises for the 
        purpose of gaining access to public or private lands 
        open to hunting, if the entry on school premises is 
        authorized by school authorities.
  (3)(A) Except as provided in subparagraph (B), it shall be 
unlawful for any person, knowingly or with reckless disregard 
for the safety of another, to discharge or attempt to discharge 
a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the person knows 
is a school zone.
  (B) Subparagraph (A) does not apply to the discharge of a 
firearm--
          (i) on private property not part of school grounds;
          (ii) as part of a program approved by a school in the 
        school zone, by an individual who is participating in 
        the program;
          (iii) by an individual in accordance with a contract 
        entered into between a school in a school zone and the 
        individual or an employer of the individual; or
          (iv) by a law enforcement officer acting in his or 
        her official capacity.
  (4) Nothing in this subsection shall be construed as 
preempting or preventing a State or local government from 
enacting a statute establishing gun free school zones as 
provided in this subsection.
  (r) It shall be unlawful for any person to assemble from 
imported parts any semiautomatic rifle or any shotgun which is 
identical to any rifle or shotgun prohibited from importation 
under section 925(d)(3) of this chapter as not being 
particularly suitable for or readily adaptable to sporting 
purposes except that this subsection shall not apply to--
          (1) the assembly of any such rifle or shotgun for 
        sale or distribution by a licensed manufacturer to the 
        United States or any department or agency thereof or to 
        any State or any department, agency, or political 
        subdivision thereof; or
          (2) the assembly of any such rifle or shotgun for the 
        purposes of testing or experimentation authorized by 
        the Attorney General.
  (s)(1) Beginning on the date that is 90 days after the date 
of enactment of this subsection and ending on the day before 
the date that is 60 months after such date of enactment, it 
shall be unlawful for any licensed importer, licensed 
manufacturer, or licensed dealer to sell, deliver, or transfer 
a handgun (other than the return of a handgun to the person 
from whom it was received) to an individual who is not licensed 
under section 923, unless--
          (A) after the most recent proposal of such transfer 
        by the transferee--
                  (i) the transferor has--
                          (I) received from the transferee a 
                        statement of the transferee containing 
                        the information described in paragraph 
                        (3);
                          (II) verified the identity of the 
                        transferee by examining the 
                        identification document presented;
                          (III) within 1 day after the 
                        transferee furnishes the statement, 
                        provided notice of the contents of the 
                        statement to the chief law enforcement 
                        officer of the place of residence of 
                        the transferee; and
                          (IV) within 1 day after the 
                        transferee furnishes the statement, 
                        transmitted a copy of the statement to 
                        the chief law enforcement officer of 
                        the place of residence of the 
                        transferee; and
                  (ii)(I) 5 business days (meaning days on 
                which State offices are open) have elapsed from 
                the date the transferor furnished notice of the 
                contents of the statement to the chief law 
                enforcement officer, during which period the 
                transferor has not received information from 
                the chief law enforcement officer that receipt 
                or possession of the handgun by the transferee 
                would be in violation of Federal, State, or 
                local law; or
                  (II) the transferor has received notice from 
                the chief law enforcement officer that the 
                officer has no information indicating that 
                receipt or possession of the handgun by the 
                transferee would violate Federal, State, or 
                local law;
          (B) the transferee has presented to the transferor a 
        written statement, issued by the chief law enforcement 
        officer of the place of residence of the transferee 
        during the 10-day period ending on the date of the most 
        recent proposal of such transfer by the transferee, 
        stating that the transferee requires access to a 
        handgun because of a threat to the life of the 
        transferee or of any member of the household of the 
        transferee;
          (C)(i) the transferee has presented to the transferor 
        a permit that--
                  (I) allows the transferee to possess or 
                acquire a handgun; and
                  (II) was issued not more than 5 years earlier 
                by the State in which the transfer is to take 
                place; and
          (ii) the law of the State provides that such a permit 
        is to be issued only after an authorized government 
        official has verified that the information available to 
        such official does not indicate that possession of a 
        handgun by the transferee would be in violation of the 
        law;
          (D) the law of the State requires that, before any 
        licensed importer, licensed manufacturer, or licensed 
        dealer completes the transfer of a handgun to an 
        individual who is not licensed under section 923, an 
        authorized government official verify that the 
        information available to such official does not 
        indicate that possession of a handgun by the transferee 
        would be in violation of law;
          (E) the Attorney General has approved the transfer 
        under section 5812 of the Internal Revenue Code of 
        1986; or
          (F) on application of the transferor, the Attorney 
        General has certified that compliance with subparagraph 
        (A)(i)(III) is impracticable because--
                  (i) the ratio of the number of law 
                enforcement officers of the State in which the 
                transfer is to occur to the number of square 
                miles of land area of the State does not exceed 
                0.0025;
                  (ii) the business premises of the transferor 
                at which the transfer is to occur are extremely 
                remote in relation to the chief law enforcement 
                officer; and
                  (iii) there is an absence of 
                telecommunications facilities in the 
                geographical area in which the business 
                premises are located.
  (2) A chief law enforcement officer to whom a transferor has 
provided notice pursuant to paragraph (1)(A)(i)(III) shall make 
a reasonable effort to ascertain within 5 business days whether 
receipt or possession would be in violation of the law, 
including research in whatever State and local recordkeeping 
systems are available and in a national system designated by 
the Attorney General.
  (3) The statement referred to in paragraph (1)(A)(i)(I) shall 
contain only--
          (A) the name, address, and date of birth appearing on 
        a valid identification document (as defined in section 
        1028(d)(1)) of the transferee containing a photograph 
        of the transferee and a description of the 
        identification used;
          (B) a statement that the transferee--
                  (i) is not under indictment for, and has not 
                been convicted in any court of, a crime 
                punishable by imprisonment for a term exceeding 
                1 year, and has not been convicted in any court 
                of a misdemeanor crime of domestic violence;
                  (ii) is not a fugitive from justice;
                  (iii) is not an unlawful user of or addicted 
                to any controlled substance (as defined in 
                section 102 of the Controlled Substances Act);
                  (iv) has not been adjudicated as a mental 
                defective or been committed to a mental 
                institution;
                  (v) is not an alien who--
                          (I) is illegally or unlawfully in the 
                        United States; or
                          (II) subject to subsection (y)(2), 
                        has been admitted to the United States 
                        under a nonimmigrant visa (as that term 
                        is defined in section 101(a)(26) of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1101(a)(26)));
                  (vi) has not been discharged from the Armed 
                Forces under dishonorable conditions; and
                  (vii) is not a person who, having been a 
                citizen of the United States, has renounced 
                such citizenship;
          (C) the date the statement is made; and
          (D) notice that the transferee intends to obtain a 
        handgun from the transferor.
  (4) Any transferor of a handgun who, after such transfer, 
receives a report from a chief law enforcement officer 
containing information that receipt or possession of the 
handgun by the transferee violates Federal, State, or local law 
shall, within 1 business day after receipt of such request, 
communicate any information related to the transfer that the 
transferor has about the transfer and the transferee to--
          (A) the chief law enforcement officer of the place of 
        business of the transferor; and
          (B) the chief law enforcement officer of the place of 
        residence of the transferee.
  (5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection 
shall not disclose such information except to the transferee, 
to law enforcement authorities, or pursuant to the direction of 
a court of law.
  (6)(A) Any transferor who sells, delivers, or otherwise 
transfers a handgun to a transferee shall retain the copy of 
the statement of the transferee with respect to the handgun 
transaction, and shall retain evidence that the transferor has 
complied with subclauses (III) and (IV) of paragraph (1)(A)(i) 
with respect to the statement.
  (B) Unless the chief law enforcement officer to whom a 
statement is transmitted under paragraph (1)(A)(i)(IV) 
determines that a transaction would violate Federal, State, or 
local law--
          (i) the officer shall, within 20 business days after 
        the date the transferee made the statement on the basis 
        of which the notice was provided, destroy the 
        statement, any record containing information derived 
        from the statement, and any record created as a result 
        of the notice required by paragraph (1)(A)(i)(III);
          (ii) the information contained in the statement shall 
        not be conveyed to any person except a person who has a 
        need to know in order to carry out this subsection; and
          (iii) the information contained in the statement 
        shall not be used for any purpose other than to carry 
        out this subsection.
  (C) If a chief law enforcement officer determines that an 
individual is ineligible to receive a handgun and the 
individual requests the officer to provide the reason for such 
determination, the officer shall provide such reasons to the 
individual in writing within 20 business days after receipt of 
the request.
  (7) A chief law enforcement officer or other person 
responsible for providing criminal history background 
information pursuant to this subsection shall not be liable in 
an action at law for damages--
          (A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the 
        handgun is unlawful under this section; or
          (B) for preventing such a sale or transfer to a 
        person who may lawfully receive or possess a handgun.
  (8) For purposes of this subsection, the term ``chief law 
enforcement officer'' means the chief of police, the sheriff, 
or an equivalent officer or the designee of any such 
individual.
  (9) The Attorney General shall take necessary actions to 
ensure that the provisions of this subsection are published and 
disseminated to licensed dealers, law enforcement officials, 
and the public.
  (t)(1) Beginning on the date that is 30 days after the 
Attorney General notifies licensees under section 103(d) of the 
Brady Handgun Violence Prevention Act that the national instant 
criminal background check system is established, a licensed 
importer, licensed manufacturer, or licensed dealer shall not 
transfer a firearm to any other person who is not licensed 
under this chapter, unless--
          (A) before the completion of the transfer, the 
        licensee contacts the national instant criminal 
        background check system established under section 103 
        of that Act;
          (B)(i) the system provides the licensee with a unique 
        identification number; or
          (ii) 3 business days (meaning a day on which State 
        offices are open) have elapsed since the licensee 
        contacted the system, and the system has not notified 
        the licensee that the receipt of a firearm by such 
        other person would violate subsection (g) or (n) of 
        this section; and
          (C) the transferor has verified the identity of the 
        transferee by examining a valid identification document 
        (as defined in section 1028(d) of this title) of the 
        transferee containing a photograph of the transferee.
  (2) If receipt of a firearm would not violate subsection (g) 
or (n) or State law, the system shall--
          (A) assign a unique identification number to the 
        transfer;
          (B) provide the licensee with the number; and
          (C) destroy all records of the system with respect to 
        the call (other than the identifying number and the 
        date the number was assigned) and all records of the 
        system relating to the person or the transfer.
  (3) Paragraph (1) shall not apply to a firearm transfer 
between a licensee and another person if--
          (A)(i) such other person has presented to the 
        licensee a permit that--
                  (I) allows such other person to possess or 
                acquire a firearm; and
                  (II) was issued not more than 5 years earlier 
                by the State in which the transfer is to take 
                place; and
          (ii) the law of the State provides that such a permit 
        is to be issued only after an authorized government 
        official has verified that the information available to 
        such official does not indicate that possession of a 
        firearm by such other person would be in violation of 
        law;
          (B) the Attorney General has approved the transfer 
        under section 5812 of the Internal Revenue Code of 
        1986; or
          (C) on application of the transferor, the Attorney 
        General has certified that compliance with paragraph 
        (1)(A) is impracticable because--
                  (i) the ratio of the number of law 
                enforcement officers of the State in which the 
                transfer is to occur to the number of square 
                miles of land area of the State does not exceed 
                0.0025;
                  (ii) the business premises of the licensee at 
                which the transfer is to occur are extremely 
                remote in relation to the chief law enforcement 
                officer (as defined in subsection (s)(8)); and
                  (iii) there is an absence of 
                telecommunications facilities in the 
                geographical area in which the business 
                premises are located.
  (4) If the national instant criminal background check system 
notifies the licensee that the information available to the 
system does not demonstrate that the receipt of a firearm by 
such other person would violate subsection (g) or (n) or State 
law, and the licensee transfers a firearm to such other person, 
the licensee shall include in the record of the transfer the 
unique identification number provided by the system with 
respect to the transfer.
  (5) If the licensee knowingly transfers a firearm to such 
other person and knowingly fails to comply with paragraph (1) 
of this subsection with respect to the transfer and, at the 
time such other person most recently proposed the transfer, the 
national instant criminal background check system was operating 
and information was available to the system demonstrating that 
receipt of a firearm by such other person would violate 
subsection (g) or (n) of this section or State law, the 
Attorney General may, after notice and opportunity for a 
hearing, suspend for not more than 6 months or revoke any 
license issued to the licensee under section 923, and may 
impose on the licensee a civil fine of not more than $5,000.
  (6) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal 
background check system shall be liable in an action at law for 
damages--
          (A) for failure to prevent the sale or transfer of a 
        firearm to a person whose receipt or possession of the 
        firearm is unlawful under this section; or
          (B) for preventing such a sale or transfer to a 
        person who may lawfully receive or possess a firearm.
  (u) It shall be unlawful for a person to steal or unlawfully 
take or carry away from the person or the premises of a person 
who is licensed to engage in the business of importing, 
manufacturing, or dealing in firearms, any firearm in the 
licensee's business inventory that has been shipped or 
transported in interstate or foreign commerce.
  (x)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile--
          (A) a handgun; or
          (B) ammunition that is suitable for use only in a 
        handgun.
  (2) It shall be unlawful for any person who is a juvenile to 
knowingly possess--
          (A) a handgun; or
          (B) ammunition that is suitable for use only in a 
        handgun.
  (3) This subsection does not apply to--
          (A) a temporary transfer of a handgun or ammunition 
        to a juvenile or to the possession or use of a handgun 
        or ammunition by a juvenile if the handgun and 
        ammunition are possessed and used by the juvenile--
                  (i) in the course of employment, in the 
                course of ranching or farming related to 
                activities at the residence of the juvenile (or 
                on property used for ranching or farming at 
                which the juvenile, with the permission of the 
                property owner or lessee, is performing 
                activities related to the operation of the farm 
                or ranch), target practice, hunting, or a 
                course of instruction in the safe and lawful 
                use of a handgun;
                  (ii) with the prior written consent of the 
                juvenile's parent or guardian who is not 
                prohibited by Federal, State, or local law from 
                possessing a firearm, except--
                          (I) during transportation by the 
                        juvenile of an unloaded handgun in a 
                        locked container directly from the 
                        place of transfer to a place at which 
                        an activity described in clause (i) is 
                        to take place and transportation by the 
                        juvenile of that handgun, unloaded and 
                        in a locked container, directly from 
                        the place at which such an activity 
                        took place to the transferor; or
                          (II) with respect to ranching or 
                        farming activities as described in 
                        clause (i), a juvenile may possess and 
                        use a handgun or ammunition with the 
                        prior written approval of the 
                        juvenile's parent or legal guardian and 
                        at the direction of an adult who is not 
                        prohibited by Federal, State or local 
                        law from possessing a firearm;
                  (iii) the juvenile has the prior written 
                consent in the juvenile's possession at all 
                times when a handgun is in the possession of 
                the juvenile; and
                  (iv) in accordance with State and local law;
          (B) a juvenile who is a member of the Armed Forces of 
        the United States or the National Guard who possesses 
        or is armed with a handgun in the line of duty;
          (C) a transfer by inheritance of title (but not 
        possession) of a handgun or ammunition to a juvenile; 
        or
          (D) the possession of a handgun or ammunition by a 
        juvenile taken in defense of the juvenile or other 
        persons against an intruder into the residence of the 
        juvenile or a residence in which the juvenile is an 
        invited guest.
  (4) A handgun or ammunition, the possession of which is 
transferred to a juvenile in circumstances in which the 
transferor is not in violation of this subsection shall not be 
subject to permanent confiscation by the Government if its 
possession by the juvenile subsequently becomes unlawful 
because of the conduct of the juvenile, but shall be returned 
to the lawful owner when such handgun or ammunition is no 
longer required by the Government for the purposes of 
investigation or prosecution.
  (5) For purposes of this subsection, the term ``juvenile'' 
means a person who is less than 18 years of age.
  (6)(A) In a prosecution of a violation of this subsection, 
the court shall require the presence of a juvenile defendant's 
parent or legal guardian at all proceedings.
  (B) The court may use the contempt power to enforce 
subparagraph (A).
  (C) The court may excuse attendance of a parent or legal 
guardian of a juvenile defendant at a proceeding in a 
prosecution of a violation of this subsection for good cause 
shown.
  (y) Provisions Relating to Aliens Admitted Under Nonimmigrant 
Visas.--
          (1) Definitions.--In this subsection--
                  (A) the term ``alien'' has the same meaning 
                as in section 101(a)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(3)); and
                  (B) the term ``nonimmigrant visa'' has the 
                same meaning as in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)).
          (2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), 
        and (s)(3)(B)(v)(II) do not apply to any alien who has 
        been lawfully admitted to the United States under a 
        nonimmigrant visa, if that alien is--
                  (A) admitted to the United States for lawful 
                hunting or sporting purposes or is in 
                possession of a hunting license or permit 
                lawfully issued in the United States;
                  (B) an official representative of a foreign 
                government who is--
                          (i) accredited to the United States 
                        Government or the Government's mission 
                        to an international organization having 
                        its headquarters in the United States; 
                        or
                          (ii) en route to or from another 
                        country to which that alien is 
                        accredited;
                  (C) an official of a foreign government or a 
                distinguished foreign visitor who has been so 
                designated by the Department of State; or
                  (D) a foreign law enforcement officer of a 
                friendly foreign government entering the United 
                States on official law enforcement business.
          (3) Waiver.--
                  (A) Conditions for waiver.--Any individual 
                who has been admitted to the United States 
                under a nonimmigrant visa may receive a waiver 
                from the requirements of subsection (g)(5), 
                if--
                          (i) the individual submits to the 
                        Attorney General a petition that meets 
                        the requirements of subparagraph (C); 
                        and
                          (ii) the Attorney General approves 
                        the petition.
                  (B) Petition.--Each petition under 
                subparagraph (B) shall--
                          (i) demonstrate that the petitioner 
                        has resided in the United States for a 
                        continuous period of not less than 180 
                        days before the date on which the 
                        petition is submitted under this 
                        paragraph; and
                          (ii) include a written statement from 
                        the embassy or consulate of the 
                        petitioner, authorizing the petitioner 
                        to acquire a firearm or ammunition and 
                        certifying that the alien would not, 
                        absent the application of subsection 
                        (g)(5)(B), otherwise be prohibited from 
                        such acquisition under subsection (g).
                  (C) Approval of petition.--The Attorney 
                General shall approve a petition submitted in 
                accordance with this paragraph, if the Attorney 
                General determines that waiving the 
                requirements of subsection (g)(5)(B) with 
                respect to the petitioner--
                          (i) would be in the interests of 
                        justice; and
                          (ii) would not jeopardize the public 
                        safety.
  (z) Secure Gun Storage or Safety Device.--
          (1) In general.--Except as provided under paragraph 
        (2), it shall be unlawful for any licensed importer, 
        licensed manufacturer, or licensed dealer to sell, 
        deliver, or transfer any handgun to any person other 
        than any person licensed under this chapter, unless the 
        transferee is provided with a secure gun storage or 
        safety device (as defined in section 921(a)(34)) for 
        that handgun.
          (2) Exceptions.--Paragraph (1) shall not apply to--
                  (A)(i) the manufacture for, transfer to, or 
                possession by, the United States, a department 
                or agency of the United States, a State, or a 
                department, agency, or political subdivision of 
                a State, of a handgun; or
                  (ii) the transfer to, or possession by, a law 
                enforcement officer employed by an entity 
                referred to in clause (i) of a handgun for law 
                enforcement purposes (whether on or off duty); 
                or
                  (B) the transfer to, or possession by, a rail 
                police officer directly employed by or 
                contracted by a rail carrier and certified or 
                commissioned as a police officer under the laws 
                of a State of a handgun for purposes of law 
                enforcement (whether on or off duty);
                  (C) the transfer to any person of a handgun 
                listed as a curio or relic by the Secretary 
                pursuant to section 921(a)(13); or
                  (D) the transfer to any person of a handgun 
                for which a secure gun storage or safety device 
                is temporarily unavailable for the reasons 
                described in the exceptions stated in section 
                923(e), if the licensed manufacturer, licensed 
                importer, or licensed dealer delivers to the 
                transferee within 10 calendar days from the 
                date of the delivery of the handgun to the 
                transferee a secure gun storage or safety 
                device for the handgun.
          (3) Liability for use.--
                  (A) In general.--Notwithstanding any other 
                provision of law, a person who has lawful 
                possession and control of a handgun, and who 
                uses a secure gun storage or safety device with 
                the handgun, shall be entitled to immunity from 
                a qualified civil liability action.
                  (B) Prospective actions.--A qualified civil 
                liability action may not be brought in any 
                Federal or State court.
                  (C) Defined term.--As used in this paragraph, 
                the term ``qualified civil liability action''--
                          (i) means a civil action brought by 
                        any person against a person described 
                        in subparagraph (A) for damages 
                        resulting from the criminal or unlawful 
                        misuse of the handgun by a third party, 
                        if--
                                  (I) the handgun was accessed 
                                by another person who did not 
                                have the permission or 
                                authorization of the person 
                                having lawful possession and 
                                control of the handgun to have 
                                access to it; and
                                  (II) at the time access was 
                                gained by the person not so 
                                authorized, the handgun had 
                                been made inoperable by use of 
                                a secure gun storage or safety 
                                device; and
                          (ii) shall not include an action 
                        brought against the person having 
                        lawful possession and control of the 
                        handgun for negligent entrustment or 
                        negligence per se.
                

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Sec. 924. Penalties

  (a)(1) Except as otherwise provided in this subsection, 
subsection (b), (c), (f), or (p) of this section, or in section 
929, whoever--
          (A) knowingly makes any false statement or 
        representation with respect to the information required 
        by this chapter to be kept in the records of a person 
        licensed under this chapter or in applying for any 
        license or exemption or relief from disability under 
        the provisions of this chapter;
          (B) knowingly violates subsection (a)(4), (f), (k), 
        or (q) of section 922;
          (C) knowingly imports or brings into the United 
        States or any possession thereof any firearm or 
        ammunition in violation of section 922(l); or
          (D) willfully violates any other provision of this 
        chapter,
shall be fined under this title, imprisoned not more than five 
years, or both.
  (2) Whoever knowingly violates subsection (a)(6), (d), (g), 
(h), (i), (j), or (o) of section 922 shall be fined as provided 
in this title, imprisoned not more than 10 years, or both.
  (3) Any licensed dealer, licensed importer, licensed 
manufacturer, or licensed collector who knowingly--
          (A) makes any false statement or representation with 
        respect to the information required by the provisions 
        of this chapter to be kept in the records of a person 
        licensed under this chapter, or
          (B) violates subsection (m) of section 922,
shall be fined under this title, imprisoned not more than one 
year, or both.
  (4) Whoever violates section 922(q) shall be fined under this 
title, imprisoned for not more than 5 years, or both. 
Notwithstanding any other provision of law, the term of 
imprisonment imposed under this paragraph shall not run 
concurrently with any other term of imprisonment imposed under 
any other provision of law. Except for the authorization of a 
term of imprisonment of not more than 5 years made in this 
paragraph, for the purpose of any other law a violation of 
section 922(q) shall be deemed to be a misdemeanor.
  (5) Whoever knowingly violates subsection (s) or (t) of 
section 922 shall be fined under this title, imprisoned for not 
more than 1 year, or both.
  (6)(A)(i) A juvenile who violates section 922(x) shall be 
fined under this title, imprisoned not more than 1 year, or 
both, except that a juvenile described in clause (ii) shall be 
sentenced to probation on appropriate conditions and shall not 
be incarcerated unless the juvenile fails to comply with a 
condition of probation.
  (ii) A juvenile is described in this clause if--
          (I) the offense of which the juvenile is charged is 
        possession of a handgun or ammunition in violation of 
        section 922(x)(2); and
          (II) the juvenile has not been convicted in any court 
        of an offense (including an offense under section 
        922(x) or a similar State law, but not including any 
        other offense consisting of conduct that if engaged in 
        by an adult would not constitute an offense) or 
        adjudicated as a juvenile delinquent for conduct that 
        if engaged in by an adult would constitute an offense.
  (B) A person other than a juvenile who knowingly violates 
section 922(x)--
          (i) shall be fined under this title, imprisoned not 
        more than 1 year, or both; and
          (ii) if the person sold, delivered, or otherwise 
        transferred a handgun or ammunition to a juvenile 
        knowing or having reasonable cause to know that the 
        juvenile intended to carry or otherwise possess or 
        discharge or otherwise use the handgun or ammunition in 
        the commission of a crime of violence, shall be fined 
        under this title, imprisoned not more than 10 years, or 
        both.
  (7) Whoever knowingly violates section 931 shall be fined 
under this title, imprisoned not more than 3 years, or both.
  (b) Whoever, with intent to commit therewith an offense 
punishable by imprisonment for a term exceeding one year, or 
with knowledge or reasonable cause to believe that an offense 
punishable by imprisonment for a term exceeding one year is to 
be committed therewith, ships, transports, or receives a 
firearm or any ammunition in interstate or foreign commerce 
shall be fined under this title, or imprisoned not more than 
ten years, or both.
  (c)(1)(A) Except to the extent that a greater minimum 
sentence is otherwise provided by this subsection or by any 
other provision of law, any person who, during and in relation 
to any crime of violence or drug trafficking crime (including a 
crime of violence or drug trafficking crime that provides for 
an enhanced punishment if committed by the use of a deadly or 
dangerous weapon or device) for which the person may be 
prosecuted in a court of the United States, uses or carries a 
firearm, or who, in furtherance of any such crime, possesses a 
firearm, shall, in addition to the punishment provided for such 
crime of violence or drug trafficking crime--
          (i) be sentenced to a term of imprisonment of not 
        less than 5 years;
          (ii) if the firearm is brandished, be sentenced to a 
        term of imprisonment of not less than 7 years; and
          (iii) if the firearm is discharged, be sentenced to a 
        term of imprisonment of not less than 10 years.
  (B) If the firearm possessed by a person convicted of a 
violation of this subsection--
          (i) is a short-barreled rifle, short-barreled 
        shotgun, or semiautomatic assault weapon, the person 
        shall be sentenced to a term of imprisonment of not 
        less than 10 years; or
          (ii) is a machinegun or a destructive device, or is 
        equipped with a firearm silencer or firearm muffler, 
        the person shall be sentenced to a term of imprisonment 
        of not less than 30 years.
  (C) In the case of a violation of this subsection that occurs 
after a prior conviction under this subsection has become 
final, the person shall--
          (i) be sentenced to a term of imprisonment of not 
        less than 25 years; and
          (ii) if the firearm involved is a machinegun or a 
        destructive device, or is equipped with a firearm 
        silencer or firearm muffler, be sentenced to 
        imprisonment for life.
  (D) Notwithstanding any other provision of law--
          (i) a court shall not place on probation any person 
        convicted of a violation of this subsection; and
          (ii) no term of imprisonment imposed on a person 
        under this subsection shall run concurrently with any 
        other term of imprisonment imposed on the person, 
        including any term of imprisonment imposed for the 
        crime of violence or drug trafficking crime during 
        which the firearm was used, carried, or possessed.
  (2) For purposes of this subsection, the term ``drug 
trafficking crime'' means any felony punishable under the 
Controlled Substances Act (21 U.S.C. 801 et seq.), the 
Controlled Substances Import and Export Act (21 U.S.C. 951 et 
seq.), or chapter 705 of title 46.
  (3) For purposes of this subsection the term ``crime of 
violence'' means an offense that is a felony and--
          (A) has as an element the use, attempted use, or 
        threatened use of physical force against the person or 
        property of another, or
          (B) that by its nature, involves a substantial risk 
        that physical force against the person or property of 
        another may be used in the course of committing the 
        offense.
  (4) For purposes of this subsection, the term ``brandish'' 
means, with respect to a firearm, to display all or part of the 
firearm, or otherwise make the presence of the firearm known to 
another person, in order to intimidate that person, regardless 
of whether the firearm is directly visible to that person.
  (5) Except to the extent that a greater minimum sentence is 
otherwise provided under this subsection, or by any other 
provision of law, any person who, during and in relation to any 
crime of violence or drug trafficking crime (including a crime 
of violence or drug trafficking crime that provides for an 
enhanced punishment if committed by the use of a deadly or 
dangerous weapon or device) for which the person may be 
prosecuted in a court of the United States, uses or carries 
armor piercing ammunition, or who, in furtherance of any such 
crime, possesses armor piercing ammunition, shall, in addition 
to the punishment provided for such crime of violence or drug 
trafficking crime or conviction under this section--
          (A) be sentenced to a term of imprisonment of not 
        less than 15 years; and
          (B) if death results from the use of such 
        ammunition--
                  (i) if the killing is murder (as defined in 
                section 1111), be punished by death or 
                sentenced to a term of imprisonment for any 
                term of years or for life; and
                  (ii) if the killing is manslaughter (as 
                defined in section 1112), be punished as 
                provided in section 1112.
  (d)(1) Any firearm or ammunition involved in or used in any 
knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), 
(i), (j), or (k) of section 922, or knowing importation or 
bringing into the United States or any possession thereof any 
firearm or ammunition in violation of section 922(l), or 
knowing violation of section 924, or willful violation of any 
other provision of this chapter or any rule or regulation 
promulgated thereunder, or any violation of any other criminal 
law of the United States, or any firearm or ammunition intended 
to be used in any offense referred to in paragraph (3) of this 
subsection, where such intent is demonstrated by clear and 
convincing evidence, shall be subject to seizure and 
forfeiture, and all provisions of the Internal Revenue Code of 
1986 relating to the seizure, forfeiture, and disposition of 
firearms, as defined in section 5845(a) of that Code, shall, so 
far as applicable, extend to seizures and forfeitures under the 
provisions of this chapter: Provided, That upon acquittal of 
the owner or possessor, or dismissal of the charges against him 
other than upon motion of the Government prior to trial, or 
lapse of or court termination of the restraining order to which 
he is subject, the seized or relinquished firearms or 
ammunition shall be returned forthwith to the owner or 
possessor or to a person delegated by the owner or possessor 
unless the return of the firearms or ammunition would place the 
owner or possessor or his delegate in violation of law. Any 
action or proceeding for the forfeiture of firearms or 
ammunition shall be commenced within one hundred and twenty 
days of such seizure.
  (2)(A) In any action or proceeding for the return of firearms 
or ammunition seized under the provisions of this chapter, the 
court shall allow the prevailing party, other than the United 
States, a reasonable attorney's fee, and the United States 
shall be liable therefor.
  (B) In any other action or proceeding under the provisions of 
this chapter, the court, when it finds that such action was 
without foundation, or was initiated vexatiously, frivolously, 
or in bad faith, shall allow the prevailing party, other than 
the United States, a reasonable attorney's fee, and the United 
States shall be liable therefor.
  (C) Only those firearms or quantities of ammunition 
particularly named and individually identified as involved in 
or used in any violation of the provisions of this chapter or 
any rule or regulation issued thereunder, or any other criminal 
law of the United States or as intended to be used in any 
offense referred to in paragraph (3) of this subsection, where 
such intent is demonstrated by clear and convincing evidence, 
shall be subject to seizure, forfeiture, and disposition.
  (D) The United States shall be liable for attorneys' fees 
under this paragraph only to the extent provided in advance by 
appropriation Acts.
  (3) The offenses referred to in paragraphs (1) and (2)(C) of 
this subsection are--
          (A) any crime of violence, as that term is defined in 
        section 924(c)(3) of this title;
          (B) any offense punishable under the Controlled 
        Substances Act (21 U.S.C. 801 et seq.) or the 
        Controlled Substances Import and Export Act (21 U.S.C. 
        951 et seq.);
          (C) any offense described in section 922(a)(1), 
        922(a)(3), 922(a)(5), or 922(b)(3) of this title, where 
        the firearm or ammunition intended to be used in any 
        such offense is involved in a pattern of activities 
        which includes a violation of any offense described in 
        section 922(a)(1), 922(a)(3), 922(a)(5), or 922(b)(3) 
        of this title;
          (D) any offense described in section 922(d) of this 
        title where the firearm or ammunition is intended to be 
        used in such offense by the transferor of such firearm 
        or ammunition;
          (E) any offense described in section 922(i), 922(j), 
        922(l), 922(n), or 924(b) of this title; [and]
          (F) any offense which may be prosecuted in a court of 
        the United States which involves the exportation of 
        firearms or ammunition[.]; and
          (G) any attempt to violate a Federal extreme risk 
        protection order issued under section 932.
  (e)(1) In the case of a person who violates section 922(g) of 
this title and has three previous convictions by any court 
referred to in section 922(g)(1) of this title for a violent 
felony or a serious drug offense, or both, committed on 
occasions different from one another, such person shall be 
fined under this title and imprisoned not less than fifteen 
years, and, notwithstanding any other provision of law, the 
court shall not suspend the sentence of, or grant a 
probationary sentence to, such person with respect to the 
conviction under section 922(g).
  (2) As used in this subsection--
          (A) the term ``serious drug offense'' means--
                  (i) an offense under the Controlled 
                Substances Act (21 U.S.C. 801 et seq.), the 
                Controlled Substances Import and Export Act (21 
                U.S.C. 951 et seq.), or chapter 705 of title 46 
                for which a maximum term of imprisonment of ten 
                years or more is prescribed by law; or
                  (ii) an offense under State law, involving 
                manufacturing, distributing, or possessing with 
                intent to manufacture or distribute, a 
                controlled substance (as defined in section 102 
                of the Controlled Substances Act (21 U.S.C. 
                802)), for which a maximum term of imprisonment 
                of ten years or more is prescribed by law;
          (B) the term ``violent felony'' means any crime 
        punishable by imprisonment for a term exceeding one 
        year, or any act of juvenile delinquency involving the 
        use or carrying of a firearm, knife, or destructive 
        device that would be punishable by imprisonment for 
        such term if committed by an adult, that--
                  (i) has as an element the use, attempted use, 
                or threatened use of physical force against the 
                person of another; or
                  (ii) is burglary, arson, or extortion, 
                involves use of explosives, or otherwise 
                involves conduct that presents a serious 
                potential risk of physical injury to another; 
                and
          (C) the term ``conviction'' includes a finding that a 
        person has committed an act of juvenile delinquency 
        involving a violent felony.
  (f) In the case of a person who knowingly violates section 
922(p), such person shall be fined under this title, or 
imprisoned not more than 5 years, or both.
  (g) Whoever, with the intent to engage in conduct which--
          (1) constitutes an offense listed in section 1961(1),
          (2) is punishable under the Controlled Substances Act 
        (21 U.S.C. 801 et seq.), the Controlled Substances 
        Import and Export Act (21 U.S.C. 951 et seq.), or 
        chapter 705 of title 46,
          (3) violates any State law relating to any controlled 
        substance (as defined in section 102(6) of the 
        Controlled Substances Act (21 U.S.C. 802(6))), or
          (4) constitutes a crime of violence (as defined in 
        subsection (c)(3)),
travels from any State or foreign country into any other State 
and acquires, transfers, or attempts to acquire or transfer, a 
firearm in such other State in furtherance of such purpose, 
shall be imprisoned not more than 10 years, fined in accordance 
with this title, or both.
  (h) Whoever knowingly transfers a firearm, knowing that such 
firearm will be used to commit a crime of violence (as defined 
in subsection (c)(3)) or drug trafficking crime (as defined in 
subsection (c)(2)) shall be imprisoned not more than 10 years, 
fined in accordance with this title, or both.
  (i)(1) A person who knowingly violates section 922(u) shall 
be fined under this title, imprisoned not more than 10 years, 
or both.
  (2) Nothing contained in this subsection shall be construed 
as indicating an intent on the part of Congress to occupy the 
field in which provisions of this subsection operate to the 
exclusion of State laws on the same subject matter, nor shall 
any provision of this subsection be construed as invalidating 
any provision of State law unless such provision is 
inconsistent with any of the purposes of this subsection.
  (j) A person who, in the course of a violation of subsection 
(c), causes the death of a person through the use of a firearm, 
shall--
          (1) if the killing is a murder (as defined in section 
        1111), be punished by death or by imprisonment for any 
        term of years or for life; and
          (2) if the killing is manslaughter (as defined in 
        section 1112), be punished as provided in that section.
  (k) A person who, with intent to engage in or to promote 
conduct that--
          (1) is punishable under the Controlled Substances Act 
        (21 U.S.C. 801 et seq.), the Controlled Substances 
        Import and Export Act (21 U.S.C. 951 et seq.), or 
        chapter 705 of title 46;
          (2) violates any law of a State relating to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act, 21 U.S.C. 802); or
          (3) constitutes a crime of violence (as defined in 
        subsection (c)(3)),
smuggles or knowingly brings into the United States a firearm, 
or attempts to do so, shall be imprisoned not more than 10 
years, fined under this title, or both.
  (l) A person who steals any firearm which is moving as, or is 
a part of, or which has moved in, interstate or foreign 
commerce shall be imprisoned for not more than 10 years, fined 
under this title, or both.
  (m) A person who steals any firearm from a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector 
shall be fined under this title, imprisoned not more than 10 
years, or both.
  (n) A person who, with the intent to engage in conduct that 
constitutes a violation of section 922(a)(1)(A), travels from 
any State or foreign country into any other State and acquires, 
or attempts to acquire, a firearm in such other State in 
furtherance of such purpose shall be imprisoned for not more 
than 10 years.
  (o) A person who conspires to commit an offense under 
subsection (c) shall be imprisoned for not more than 20 years, 
fined under this title, or both; and if the firearm is a 
machinegun or destructive device, or is equipped with a firearm 
silencer or muffler, shall be imprisoned for any term of years 
or life.
  (p) Penalties Relating To Secure Gun Storage or Safety 
Device.--
          (1) In general.--
                  (A) Suspension or revocation of license; 
                civil penalties.--With respect to each 
                violation of section 922(z)(1) by a licensed 
                manufacturer, licensed importer, or licensed 
                dealer, the Secretary may, after notice and 
                opportunity for hearing--
                          (i) suspend for not more than 6 
                        months, or revoke, the license issued 
                        to the licensee under this chapter that 
                        was used to conduct the firearms 
                        transfer; or
                          (ii) subject the licensee to a civil 
                        penalty in an amount equal to not more 
                        than $2,500.
                  (B) Review.--An action of the Secretary under 
                this paragraph may be reviewed only as provided 
                under section 923(f).
          (2) Administrative remedies.--The suspension or 
        revocation of a license or the imposition of a civil 
        penalty under paragraph (1) shall not preclude any 
        administrative remedy that is otherwise available to 
        the Secretary.

           *       *       *       *       *       *       *


Sec. 932. Extreme risk protection orders

  (a) Definitions.--In this section--
          (1) the term ``court'' means a district court of the 
        United States;
          (2) the term ``designated law enforcement officer'' 
        means a law enforcement officer, designated by a United 
        States marshal, who agrees to receive firearms, 
        ammunition, and permits, as applicable, surrendered 
        under subsection (f);
          (3) the term ``Director'' means the Director of the 
        Administrative Office of the United States Courts;
          (4) the term ``ex parte Federal extreme risk 
        protection order'' or ``ex parte Federal order'' means 
        a Federal extreme risk protection order issued under 
        subsection (c);
          (5) the term ``Federal extreme risk protection 
        order'' means an order issued by a Federal court that 
        enjoins an individual from purchasing, possessing, or 
        receiving, in or affecting interstate and foreign 
        commerce, a firearm or ammunition;
          (6) the term ``family or household member'', with 
        respect to a Federal order respondent, means any--
                  (A) parent, spouse, sibling, or child related 
                by blood, marriage, or adoption to the 
                respondent;
                  (B) dating partner of the respondent;
                  (C) individual who has a child in common with 
                the respondent, regardless of whether the 
                individual has--
                          (i) been married to the respondent; 
                        or
                          (ii) lived together with the 
                        respondent at any time;
                  (D) individual who resides or has resided 
                with the respondent during the past year;
                  (E) domestic partner of the respondent;
                  (F) individual who has a legal parent-child 
                relationship with the respondent, including a 
                stepparent-stepchild and grandparent-grandchild 
                relationship; and
                  (G) individual who is acting or has acted as 
                the legal guardian of the respondent;
          (7) the term ``Federal order petitioner'' means an 
        individual authorized to petition for an ex parte or 
        long-term Federal extreme risk protection order under 
        subsection (b)(1);
          (8) the term ``Federal order respondent'' means an 
        individual named in the petition for an ex parte or 
        long-term Federal extreme risk protection order or 
        subject to an ex parte or long-term Federal extreme 
        risk protection order;
          (9) the term ``long-term Federal extreme risk 
        protection order'' or ``long-term Federal order'' means 
        a Federal extreme risk protection order issued under 
        subsection (d);
          (10) the term ``mental health agency'' means an 
        agency of a State, Tribal, or local government or its 
        contracted agency that is responsible for mental health 
        services or co-occurring mental health and substance 
        abuse services; and
          (11) the term ``national instant criminal background 
        check system'' means the national instant criminal 
        background check system established under section 103 
        of the Brady Handgun Violence Prevention Act (34 U.S.C. 
        40901).
  (b) Petition.--
          (1) In general.--A family or household member of the 
        applicable individual, or a law enforcement officer, 
        may submit to an appropriate district court of the 
        United States a petition requesting that the court 
        issue an ex parte Federal extreme risk protection order 
        or long-term Federal extreme risk protection order with 
        respect to an individual.
          (2) No fees.--A court or law enforcement agency may 
        not charge a petitioner or respondent any fee for--
                  (A) filing, issuing, serving, or reporting an 
                extreme risk protection order;
                  (B) a petition for an extreme risk protection 
                order or any pleading, subpoena, warrant, or 
                motion in connection with an extreme risk 
                protection order; or
                  (C) any order or order to show cause 
                necessary to obtain or give effect to this 
                section.
          (3) Confidentiality.--A Federal order petitioner who 
        is a law enforcement officer may provide the identity 
        of the petitioner's sources, and any identifying 
        information, to the court under seal.
  (c) Ex Parte Orders.--
          (1) Timing.--
                  (A) In general.--Except as provided in 
                subparagraph (B), a court that receives a 
                petition for an ex parte Federal order under 
                subsection (b) shall grant or deny the petition 
                on the date on which the petition is submitted.
                  (B) Late petitions.--If a court receives a 
                petition for an ex parte Federal order 
                submitted under subsection (b) too late in the 
                day to permit effective review, the court shall 
                grant or deny the petition on the next day of 
                judicial business at a time early enough to 
                permit the court to file an order with the 
                clerk of the court during that day.
          (2) Evidence required.--Before issuing an ex parte 
        Federal order, a court shall require that the 
        petitioner for such order submit a signed affidavit, 
        sworn to before the court, that--
                  (A) explains why such petitioner believes 
                that the Federal order respondent poses a risk 
                of imminent personal injury to self or another 
                individual, by purchasing, possessing, or 
                receiving a firearm or ammunition; and
                  (B) describes the interactions and 
                conversations of the petitioner with--
                          (i) the respondent; or
                          (ii) another individual, if such 
                        petitioner believes that information 
                        obtained from that individual is 
                        credible and reliable.
          (3) Standard for issuance of order.--A court may 
        issue an ex parte Federal order only upon a finding of 
        probable cause to believe that--
                  (A) the Federal order respondent poses a risk 
                of imminent personal injury to self or another 
                individual, by purchasing, possessing, or 
                receiving a firearm or ammunition; and
                  (B) the order is necessary to prevent the 
                injury described in subparagraph (A).
          (4) Duration.--An ex parte Federal order shall expire 
        on the earlier of--
                  (A) the date that is 14 days after the date 
                of issuance; or
                  (B) the date on which the court determines 
                whether to issue a long-term Federal order with 
                respect to the respondent.
  (d) Long-term Federal Orders.--
          (1) Hearing required.--If a court receives a petition 
        for a long-term Federal extreme risk protection order 
        for a respondent under subsection (b), the court shall 
        hold a hearing to determine whether to issue a long-
        term Federal order with respect to the respondent 
        either--
                  (A)(i) if the court issues an ex parte order 
                with respect to the respondent, not later than 
                72 hours after the ex parte order is served on 
                the respondent; or
                  (ii) if the respondent waives the right to a 
                hearing within the 72-hour period under clause 
                (i), or the court does not issue an ex parte 
                order, within 14 days after the date on which 
                the court receives the petition; or
                  (B) in no event later than 14 days after the 
                date on which the court receives the petition.
          (2) Notice and opportunity to be heard.--
                  (A) In general.--The court shall provide the 
                Federal order respondent with notice and the 
                opportunity to be heard at a hearing under this 
                subsection, sufficient to protect the due 
                process rights of the respondent.
                  (B) Right to counsel.--
                          (i) In general.--At a hearing under 
                        this subsection, the Federal order 
                        respondent may be represented by 
                        counsel who is--
                                  (I) chosen by the respondent; 
                                and
                                  (II) authorized to practice 
                                at such a hearing.
                          (ii) Court-provided counsel.--If the 
                        Federal order respondent is financially 
                        unable to obtain representation by 
                        counsel, the court, at the request of 
                        the respondent, shall ensure, to the 
                        extent practicable, that the respondent 
                        is represented by an attorney with 
                        respect to the petition.
          (3) Burden of proof; standard.--At a hearing under 
        this subsection, the Federal order petitioner--
                  (A) shall have the burden of proving all 
                material facts; and
                  (B) shall be required to demonstrate, by 
                clear and convincing evidence, that--
                          (i) the respondent to such order 
                        poses a risk of personal injury to self 
                        or another individual, during the 
                        period to be covered by the proposed 
                        Federal extreme risk protection order, 
                        by purchasing, possessing, or receiving 
                        a firearm or ammunition; and
                          (ii) the order is necessary to 
                        prevent the injury described in clause 
                        (i).
          (4) Issuance.--Upon a showing of clear and convincing 
        evidence under paragraph (3), the court shall issue a 
        long-term Federal order with respect to the respondent 
        that shall be in effect for a period of not more than 
        180 days.
          (5) Denial.--If the court finds that there is not 
        clear and convincing evidence to support the issuance 
        of a long-term Federal order, the court shall dissolve 
        any ex parte Federal order then in effect with respect 
        to the respondent.
          (6) Renewal.--
                  (A) Notice of scheduled expiration.--Thirty 
                days before the date on which a long-term 
                Federal order is scheduled to expire, the court 
                that issued the order shall--
                          (i) notify the petitioner and the 
                        respondent to such order that the order 
                        is scheduled to expire; and
                          (ii) advise the petitioner and the 
                        respondent of the procedures for 
                        seeking a renewal of the order under 
                        this paragraph.
                  (B) Petition.--If a family or household 
                member of the Federal order respondent, or a 
                law enforcement officer, believes that the 
                conditions under paragraph (3)(B) continue to 
                apply with respect to a respondent who is 
                subject to a long-term Federal order, the 
                family or household member or law enforcement 
                officer may submit to the court that issued the 
                order a petition for a renewal of the order.
                  (C) Hearing.--A court that receives a 
                petition submitted under subparagraph (B) shall 
                hold a hearing to determine whether to issue a 
                renewed long-term Federal order with respect to 
                the respondent.
                  (D) Applicable procedures.--The requirements 
                under paragraphs (2) through (5) shall apply to 
                the consideration of a petition for a renewed 
                long-term Federal order submitted under 
                subparagraph (B) of this paragraph.
                  (E) Issuance.--Upon a showing by clear and 
                convincing evidence that the conditions under 
                paragraph (3)(B) continue to apply with respect 
                to the respondent, the court shall issue a 
                renewed long-term Federal order with respect to 
                the respondent.
  (e) Factors to Consider.--In determining whether to issue a 
Federal extreme risk protection order, a court--
          (1) shall consider factors including--
                  (A) a recent threat or act of violence by the 
                respondent directed toward another individual;
                  (B) a recent threat or act of violence by the 
                respondent directed toward self;
                  (C) a recent act of cruelty to an animal by 
                the respondent; and
                  (D) evidence of ongoing abuse of a controlled 
                substance or alcohol by the respondent that has 
                led to a threat or act of violence directed to 
                self or another individual; and
          (2) may consider other factors, including--
                  (A) the reckless use, display, or brandishing 
                of a firearm by the respondent;
                  (B) a history of violence or attempted 
                violence by the respondent against another 
                individual; and
                  (C) evidence of an explicit or implicit 
                threat made by the person through any medium 
                that demonstrate that the person poses a risk 
                of personal injury to self or another 
                individual.
  (f) Relinquishment of Firearms and Ammunition.--
          (1) Order of surrender.--Upon issuance of an ex parte 
        Federal order or long-term Federal order, the court 
        shall order the respondent to such order to surrender 
        all firearms and ammunition that the respondent 
        possesses or owns, in or affecting interstate commerce, 
        as well as any permit authorizing the respondent to 
        purchase or possess firearms (including a concealed 
        carry permit), to--
                  (A) the United States Marshals Service; or
                  (B) a designated law enforcement officer.
          (2) Surrender and removal.--
                  (A) Manner of service.--
                          (i) Personal service.--Except as 
                        provided in clause (ii), a United 
                        States marshal or designated law 
                        enforcement officer shall serve a 
                        Federal extreme risk protection order 
                        on a respondent by handing the order to 
                        the respondent to such order.
                          (ii) Alternative service.--If the 
                        respondent cannot reasonably be located 
                        for service as described in clause (i), 
                        a Federal extreme risk protection order 
                        may be served on the respondent in any 
                        manner authorized under the Federal 
                        Rules of Civil Procedure.
                  (B) Removal.--Except as provided in 
                subparagraph (C), a United States marshal or 
                designated law enforcement officer serving a 
                Federal extreme risk protection order 
                personally on the respondent shall--
                          (i) request that all firearms and 
                        ammunition, in or affecting interstate 
                        commerce, as well as any permit 
                        authorizing the respondent to purchase 
                        or possess firearms (including a 
                        concealed carry permit), that the 
                        respondent possesses or owns--
                                  (I) be immediately 
                                surrendered to the United 
                                States marshal or designated 
                                law enforcement officer; or
                                  (II) at the option of the 
                                respondent, be immediately 
                                surrendered and sold to a 
                                federally licensed firearms 
                                dealer; and
                          (ii) take possession of all firearms 
                        and ammunition described in clause (i) 
                        that are not sold under subclause (II) 
                        of that clause, as well as any permit 
                        described in that clause, that are--
                                  (I) surrendered;
                                  (II) in plain sight; or
                                  (III) discovered pursuant to 
                                a lawful search.
                  (C) Alternative surrender.--If a United 
                States marshal or designated law enforcement 
                officer is not able to personally serve a 
                Federal extreme risk protection order under 
                subparagraph (A)(i), or is not reasonably able 
                to take custody of the firearms, ammunition, 
                and permits under subparagraph (B), the 
                respondent shall surrender the firearms, 
                ammunition, and permits in a safe manner to the 
                control of a United States marshal or 
                designated law enforcement officer not later 
                than 48 hours after being served with the 
                order.
          (3) Receipt.--
                  (A) Issuance.--At the time of surrender or 
                removal under paragraph (2), a United States 
                marshal or designated law enforcement officer 
                taking possession of a firearm, ammunition, or 
                a permit pursuant to a Federal extreme risk 
                protection order shall--
                          (i) issue a receipt identifying all 
                        firearms, ammunition, and permits that 
                        have been surrendered or removed; and
                          (ii) provide a copy of the receipt 
                        issued under clause (i) to the 
                        respondent to such order.
                  (B) Filing.--Not later than 72 hours after 
                issuance of a receipt under subparagraph (A), 
                the United States marshal who issued the 
                receipt or designated another law enforcement 
                officer to do so shall--
                          (i) file the original receipt issued 
                        under subparagraph (A) of this 
                        paragraph with the court that issued 
                        the Federal extreme risk protection 
                        order; and
                          (ii) ensure that the United States 
                        Marshals Service retains a copy of the 
                        receipt.
                  (C) Designated law enforcement officer.--If a 
                designated law enforcement officer issues a 
                receipt under subparagraph (A), the officer 
                shall submit the original receipt and a copy of 
                the receipt to the appropriate United States 
                marshal to enable the United States marshal to 
                comply with subparagraph (B).
          (4) Forfeiture.--If a respondent knowingly attempts, 
        in violation of a Federal extreme risk protection 
        order, to access a firearm, ammunition, or a permit 
        that was surrendered or removed under this subsection, 
        the firearm, ammunition, or permit shall be subject to 
        seizure and forfeiture under section 924(d).
  (g) Return of Firearms and Ammunition.--
          (1) Notice.--If a Federal extreme risk protection 
        order is dissolved, or expires and is not renewed, the 
        court that issued the order shall order the United 
        States Marshals Service to--
                  (A) confirm, through the national instant 
                criminal background check system and any other 
                relevant law enforcement databases, that the 
                respondent to such order may lawfully own and 
                possess firearms and ammunition; and
                  (B)(i) if the respondent may lawfully own and 
                possess firearms and ammunition, notify the 
                respondent that the respondent may retrieve 
                each firearm, ammunition, or permit surrendered 
                by or removed from the respondent under 
                subsection (f); or
                  (ii) if the respondent may not lawfully own 
                or possess firearms and ammunition, notify the 
                respondent that each firearm, ammunition, or 
                permit surrendered by or removed from the 
                respondent under subsection (f) will be 
                returned only when the respondent demonstrates 
                to the United States Marshals Service that the 
                respondent may lawfully own and possess 
                firearms and ammunition.
          (2) Return.--If a Federal extreme risk protection 
        order is dissolved, or expires and is not renewed, and 
        the United States Marshals Service confirms under 
        paragraph (1)(A) that the respondent may lawfully own 
        and possess firearms and ammunition, the court that 
        issued the order shall order the entity that possesses 
        each firearm, ammunition, or permit surrendered by or 
        removed from the respondent under subsection (f) to 
        return those items to the respondent.
  (h) Return of Firearms and Ammunition Improperly Received.--
If a court, in a hearing under subsection (d), determines that 
a firearm or ammunition surrendered by or removed from a 
respondent under subsection (f) is owned by an individual other 
than the respondent, the court may order the United States 
marshal or designated law enforcement officer in possession of 
the firearm or ammunition to transfer the firearm or ammunition 
to that individual if--
          (1) the individual may lawfully own and possess 
        firearms and ammunition; and
          (2) the individual will not provide the respondent 
        with access to the firearm or ammunition.
  (i) Penalty for False Reporting or Frivolous Petitions.--An 
individual who knowingly submits materially false information 
to the court in a petition for a Federal extreme risk 
protection order under this section, or who knowingly files 
such a petition that is frivolous, unreasonable, or without 
foundation, shall be fined not more than $5,000, or imprisoned 
not more than 5 years, or both, except to the extent that a 
greater sentence is otherwise provided by any other provision 
of law, as the court deems necessary to deter such abuse of 
process.
  (j) Model Policy.--
          (1) In general.--The Director shall draft a model 
        policy to maximize the accessibility of Federal extreme 
        risk protection orders.
          (2) Contents.--In drafting the model policy under 
        paragraph (1), the Director shall--
                  (A) ensure that State, Tribal, and local law 
                enforcement officers and members of the public 
                without legal training are able to easily file 
                petitions for Federal extreme risk protection 
                orders;
                  (B) prescribe outreach efforts by employees 
                of the district courts of the United States to 
                familiarize relevant law enforcement officers 
                and the public with the procedures for filing 
                petitions, either--
                          (i) through direct outreach; or
                          (ii) in coordination with--
                                  (I) relevant officials in the 
                                executive or legislative branch 
                                of the Federal Government; or
                                  (II) with relevant State, 
                                Tribal, and local officials;
                  (C) prescribe policies for allowing the 
                filing of petitions and prompt adjudication of 
                petitions on weekends and outside of normal 
                court hours;
                  (D) prescribe policies for coordinating with 
                law enforcement agencies to ensure the safe, 
                timely, and effective service of Federal 
                extreme risk protection orders and 
                relinquishment of firearms, ammunition, and 
                permits, as applicable; and
                  (E) identify governmental and non-
                governmental resources and partners to help 
                officials of the district courts of the United 
                States coordinate with civil society 
                organizations to ensure the safe and effective 
                implementation of this section.
  (k) Reporting.--
          (1) Individual reports.--
                  (A) In general.--Not later than 2 court days 
                after the date on which a court issues or 
                dissolves a Federal extreme risk protection 
                order under this section or a Federal extreme 
                risk protection order expires without being 
                renewed, the court shall notify--
                          (i) the Attorney General;
                          (ii) each relevant mental health 
                        agency in the State in which the order 
                        is issued; and
                          (iii) State and local law enforcement 
                        officials in the jurisdiction in which 
                        the order is issued, including the 
                        national instant criminal background 
                        check system single point of contact 
                        for the State of residence of the 
                        respondent, where applicable.
                  (B) Format.--A court shall submit a notice 
                under subparagraph (A) in an electronic format, 
                in a manner prescribed by the Attorney General.
                  (C) Update of databases.--As soon as 
                practicable and not later than 5 days after 
                receiving a notice under subparagraph (A), the 
                Attorney General shall update the background 
                check databases of the Attorney General to 
                reflect the prohibitions articulated in the 
                applicable Federal extreme risk protection 
                order.
          (2) Annual reports.--Not later than 1 year after the 
        date of enactment of the Federal Extreme Risk 
        Protection Order Act of 2021, and annually thereafter, 
        the Director shall submit to the Committee on the 
        Judiciary of the Senate and the Committee on the 
        Judiciary of the House of Representatives a report that 
        includes, with respect to the preceding year--
                  (A) the number of petitions for ex parte 
                Federal orders filed, as well as the number of 
                such orders issued and the number denied, 
                disaggregated by--
                          (i) the jurisdiction;
                          (ii) whether the individual 
                        authorized under subsection (b) to 
                        petition for a Federal extreme risk 
                        protection order is a law enforcement 
                        officer, or a family or household 
                        member, and in the case of a family or 
                        household member, which of 
                        subparagraphs (A) through (G) of 
                        subsection (a)(6) describes the 
                        relationship; and
                          (iii) the alleged danger posed by the 
                        Federal order respondent, including 
                        whether the danger involved a risk of 
                        suicide, unintentional injury, domestic 
                        violence, or other interpersonal 
                        violence;
                  (B) the number of petitions for long-term 
                Federal orders filed, as well as the number of 
                such orders issued and the number denied, 
                disaggregated by--
                          (i) the jurisdiction;
                          (ii) whether the individual 
                        authorized under subsection (b) to 
                        petition for a Federal extreme risk 
                        protection order is a law enforcement 
                        officer, or a family or household 
                        member, and in the case of a family or 
                        household member, which of 
                        subparagraphs (A) through (G) of 
                        subsection (a)(6) describes the 
                        relationship; and
                          (iii) the alleged danger posed by the 
                        Federal order respondent, including 
                        whether the danger involved a risk of 
                        suicide, unintentional injury, domestic 
                        violence, or other interpersonal 
                        violence;
                  (C) the number of petitions for renewals of 
                long-term Federal orders filed, as well as the 
                number of such orders issued and the number 
                denied;
                  (D) the number of cases in which a court has 
                issued a penalty for false reporting or 
                frivolous petitions;
                  (E) demographic data of Federal order 
                petitioners, including race, ethnicity, 
                national origin, sex, gender, age, disability, 
                average annual income, and English language 
                proficiency, if available;
                  (F) demographic data of Federal order 
                respondents, including race, ethnicity, 
                national origin, sex, gender, age, disability, 
                average annual income, and English language 
                proficiency, if available; and
                  (G) the total number of firearms removed 
                pursuant to Federal extreme risk protection 
                orders, and, if available, the number of 
                firearms removed pursuant to each such order.
  (l) Training for Federal Law Enforcement Officers.--
          (1) Training requirements.--The head of each Federal 
        law enforcement agency shall require each Federal law 
        enforcement officer employed by the agency to complete 
        training in the safe, impartial, effective, and 
        equitable use and administration of Federal extreme 
        risk protection orders, including training to address--
                  (A) bias based on race and racism, ethnicity, 
                gender, sexual orientation, gender identity, 
                religion, language proficiency, mental health 
                condition, disability, and classism in the use 
                and administration of Federal extreme risk 
                protection orders;
                  (B) the appropriate use of Federal extreme 
                risk protection orders in cases of domestic 
                violence, including the applicability of other 
                policies and protocols to address domestic 
                violence in situations that may also involve 
                Federal extreme risk protection orders and the 
                necessity of safety planning with the victim 
                before law enforcement petitions for and 
                executes a Federal extreme risk protection 
                order, if applicable;
                  (C) interacting with persons with mental, 
                behavioral, or physical disabilities, or 
                emotional distress, including de-escalation 
                techniques and crisis intervention;
                  (D) training on community relations; and
                  (E) best practices for referring persons 
                subject to Federal extreme risk protection 
                orders and associated victims of violence to 
                social service providers that may be available 
                in the jurisdiction and appropriate for those 
                individuals, including health care, mental 
                health, substance abuse, and legal services, 
                employment and vocational services, housing 
                assistance, case management, and veterans and 
                disability benefits.
          (2) Training development.--Federal law enforcement 
        agencies developing law enforcement training required 
        under this section shall seek advice from domestic 
        violence service providers (including culturally 
        specific (as defined in section 40002 of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12291)) 
        providers), social service providers, suicide 
        prevention advocates, violence intervention 
        specialists, law enforcement agencies, mental health 
        disability experts, and other community groups working 
        to reduce suicides and violence, including domestic 
        violence, within the State.
  (m) Rule of Construction.--Nothing in this section or shall 
be construed to alter the requirements of subsections (d)(8) or 
(g)(8) of section 922, related to domestic violence protective 
orders.

           *       *       *       *       *       *       *


                             Minority Views

    H.R. 2377, the Federal Extreme Risk Protection Order Act of 
2021, is an undeniable infringement on an individual's due 
process and Second Amendment rights. This bill authorizes 
federal courts to issue ex parte orders that would require law 
enforcement to seize firearms and ammunition from an individual 
without the individual being afforded notice or an opportunity 
to be heard. An ex parte order may be issued ``upon a finding 
of probable cause that the respondent poses a risk of imminent 
personal injury to himself or herself, or another individual, 
by purchasing, possessing, or receiving a firearm or 
ammunition.''\1\ Probable cause is an incredibly low standard 
to deprive individuals of their constitutional rights without 
an allegation of criminal activity or giving the individual an 
opportunity to be heard.
---------------------------------------------------------------------------
    \1\H.R. 2377, 117th Cong. (2021).
---------------------------------------------------------------------------
    This legislation creates a process that is ripe for abuse 
and destroys the presumption of innocence that is the bedrock 
of our criminal justice system. It does away with the notion 
that an individual is innocent until proven guilty and replaces 
it, for anyone subject to an extreme risk protection order, 
with the standard of guilty until proven innocent. Proponents 
of this legislation would be wise to remember what Benjamin 
Franklin once said: ``Those who would give up essential 
Liberty, to purchase a little temporary Safety, deserve neither 
Liberty nor Safety.''

  FEDERAL LAW ALREADY PROHIBITS DANGEROUS AND UNFIT INDIVIDUALS FROM 
                   PURCHASING OR POSSESSING FIREARMS

    Federal law prohibits dangerous and unfit individuals from 
purchasing or possessing firearms or ammunition.\2\ For 
example, an individual with a misdemeanor domestic violence 
conviction, an individual who was involuntarily committed to a 
mental institution or has been adjudicated ``mentally 
defective,'' or an individual who is ``under indictment for, or 
has been convicted in any court of, a crime punishable by 
imprisonment for a term exceeding one year'' are all currently 
prohibited from possessing or purchasing a firearm.\3\ Each of 
these determinations follow a fair proceeding that respects the 
individual's rights. Federal law does not give law enforcement 
the authority to seize an individual's firearms or ammunition 
because someone else merely claims the individual is a threat 
to themself or others.
---------------------------------------------------------------------------
    \2\See 18 U.S.C. Sec. 922(g).
    \3\Id.
---------------------------------------------------------------------------

STUDIES HAVE SHOWN THAT RED FLAG LAWS DO NOT SAVE LIVES OR REDUCE CRIME

    So-called ``red flag'' laws would allow law enforcement to 
seize an individual's firearm upon ex parte orders. A study 
conducted by John R. Lott, Jr. and Carlisle Moody, however, 
found that ``red flag laws had no significant effect on murder, 
suicide, the number of people killed in mass public shootings, 
robbery, aggravated assault, or burglary.''\4\ Additionally, 
data from states has shown that many extreme risk protection 
orders resulting from red flag laws have been overturned when 
the respondent had an opportunity to be heard. For example, in 
Connecticut, thirty-two percent of extreme risk protection 
orders were overturned once the respondent finally had an 
opportunity to be heard in court.\5\ That is a disturbingly 
high percentage of individuals who were denied their Second 
Amendment rights without adequate due process.
---------------------------------------------------------------------------
    \4\John R. Lott, Jr., and Carlisle E. Moody, Do Red Flag Laws Save 
Lives or Reduce Crime? (Dec. 2018).
    \5\Michael A. Norko & Madelon Baranoski, Gun Control Legislation in 
Connecticut: Effects on Persons with Mental Illness, 6 Conn. Law Review 
1609, 1619 (2014).
---------------------------------------------------------------------------

H.R. 2377 WILL STRIP AMERICANS OF THEIR SECOND AMENDMENT RIGHTS WITHOUT 
                              DUE PROCESS

    This legislation affords no due process to the respondent 
when a court issues an ex parte order to seize the respondent's 
firearms, ammunition, or concealed carry license. The 
respondent is afforded neither a notice of the original 
petition nor an opportunity to be heard before law enforcement 
confiscates the respondent's firearms and ammunition. A 
respondent will typically only have knowledge of a hearing when 
law enforcement officers serve the respondent with the order to 
seize his firearms and ammunition.
    In order to obtain an ex parte order, an individual 
petitioning a court need only demonstrate to the court that 
there is probable cause to believe that the respondent poses a 
threat to himself or others. This is an unreasonably low 
evidentiary threshold to meet when seeking to deprive someone 
of their constitutional rights without necessarily alleging 
criminal activity or giving the individual an opportunity to 
first be heard. If criminal activity is alleged, law 
enforcement can investigate and arrest if appropriate.
    The expansive list of individuals who can petition a court 
for an extreme risk protection order under this bill is too 
broad and creates a process that is ripe for abuse. The list 
includes a law enforcement officer, parent, spouse, sibling, 
child, dating partner, roommate, ex-roommate, and domestic 
partner. Any one of these individuals would be permitted to 
petition a court for an extreme risk protection order after 
overcoming the low evidentiary bar of probable cause. That 
means this bill will create an opportunity for a disgruntled 
ex-roommate, aggrieved domestic partner, or angry adult child 
to use the judicial system to harass and burden an individual 
by requiring law enforcement to seize the individual's firearm.
    Once a firearm has been seized, respondents would be forced 
to spend a considerable amount of time and financial resources 
in defending themselves in court to get their property back and 
their constitutional rights restored. These procedures could 
lead to missed work and sizable legal bills. Economic factors 
alone may be reason enough for many individuals to not 
challenge the order in court, despite the fact that it may very 
well be unfounded.
    In addition, the bill increases the risks on law 
enforcement officers who will be tasked with executing extreme 
risk protection orders and confiscating an individual's 
firearms and ammunition. Requiring law enforcement officers to 
serve extreme risk protection orders on respondents could 
potentially put officers in a situation in which they must 
forcibly confiscate a firearm from an individual who has had no 
notice or opportunity to be heard and who may therefore be 
defensive during the encounter. For example, in Maryland, a man 
was fatally shot when two law enforcement officers attempted to 
serve an extreme risk protection order on him after it was 
alleged he was a threat to himself and others.\6\ Sheriffs 
across the country have stated that they will not enforce 
extreme risk protection order laws.\7\
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    \6\Kimberly Eiten, Maryland's `Red Flag' Law Turns Deadly: Officer 
Kills Man Who Refused To Turn In Gun, CBS Baltimore (Nov. 5, 2018).
    \7\Dan Frosch & Jacob Greshman, Rural Sheriffs Defy New Gun 
Measures, Wall St. J. (Mar. 10, 2019); Mary Hudetz, New Mexico 
Sheriffs' Gun Laws Protest Follows Other States, Associated Press (Mar. 
1, 2019).
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 DEMOCRATS REJECTED REPUBLICAN AMENDMENTS THAT WOULD HAVE IMPROVED THE 
                              LEGISLATION

    During the Committee's business meeting to consider H.R. 
2377, Republicans offered several amendments to improve the 
legislation. Chairman Nadler and the Democrat members of the 
Committee rejected the following common-sense amendments 
offered by Republicans:
    Representative Fitzgerald offered an amendment that would 
have prohibited courts from considering activities protected 
under the First Amendment to the Constitution when making a 
determination as to whether to issue a federal extreme risk 
protection order. The Committee has received whistleblower 
information that Biden Administration believes that passionate 
parents advocating for their children at school board meetings 
are the equivalent of domestic terrorists. This amendment would 
have ensured that radical progressives could not strip anyone 
of their Second Amendment rights solely on the basis of their 
exercise of First Amendment rights. Specifically, the amendment 
explicitly stated that courts could not consider ``parents 
voicing concerns about school board decisions'' as a factor in 
its determination of whether to issue a federal extreme risk 
protection order. Committee Democrats rejected the amendment.
    Representative Steube offered an amendment that would have 
allowed the courts to award attorney's fees to a respondent if 
the petitioner had either knowingly submitted materially false 
information to the court or had knowingly filed a frivolous 
petition while seeking a federal extreme risk protection order. 
Committee Democrats rejected the amendment.
    Representative Steube offered a second amendment that would 
have replaced all evidentiary standards throughout the bill 
with a ``beyond a reasonable doubt'' standard. Most notably, 
the amendment would have replaced the probable cause standard 
needed for the issuance of an ex parte extreme risk protection 
order. With such a low evidentiary standard in place in the 
bill as drafted, getting an ex parte extreme risk protection 
order would almost be a rubber-stamp process. This amendment 
would have required that a petitioner meet the highest 
evidentiary standard when seeking an order that would deprive 
an individual of their due process and Second Amendment rights. 
Committee Democrats rejected this amendment as well.

                               CONCLUSION

    H.R. 2377 is an undeniable infringement on American 
citizen's due process and Second Amendment rights. This bill is 
an extreme and unconstitutional measure. Therefore, I am unable 
to support this bill and must respectfully dissent.

                                                Jim Jordan,
                                                    Ranking Member.

                                  [all]