Extreme Risk Protection Order Act
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The Extreme Risk Protection Order Act is federal gun control legislation to support State, Tribal, and local efforts under "red flag laws" to remove access to firearms from individuals who are considered a danger to themselves or others. Sen. Richard Blumenthal introduced such legislation in March 2018, in the 115th U.S. Congress;[1] and Dianne Feinstein introduced such legislation in February 2019, in the 116th U.S. Congress.[2] The House version of her legislation was introduced by Rep. Salud Carbajal and re-introduced on 14 February 2019, one year after the Stoneman Douglas High School shooting.[3]
Sen. Marco Rubio also introduced a similar bill, the Extreme Risk Protection Order and Violence Prevention Act,[4] and Rep. Lucy McBath introduced a Federal Extreme Risk Protection Order Act[5] which is identical to a bill introduced in the Senate by Blumenthal and Graham.[6][7][8] The provisions of McBath's bill, creating a process for petitioning to U.S. District Courts, were incorporated as amendments to the bill that was reported out of the House committee.[9]
The Feinstein legislation states, "If the court finds by a preponderance of the evidence that the respondent poses a danger of causing harm to himself, herself, or others by having access to a firearm, the court may issue an extreme risk protection order." Also, an ex parte extreme risk protection order can be issued if "the court finds there is reasonable cause to believe that the respondent poses a danger of causing harm to himself, herself, or others in the near future by having access to a firearm."
The legislation also amends 18 U.S. Code § 922(g) to make violation of such orders a federal felony. In order for a state to get grants under the Act, it has to enact a red flag law meeting certain requirements, such as allowing family members, rather than only police, to petition the courts. Rhode Island, for example, would be unable to get grants under the Act without strengthening its red flag law.[10]
A provision by Rep. Ken Buck (R) proposed "allow the issuance of a red flag order against anyone whose name appears in a gang database if there was probable cause to include that individual in the database". Rep. Eric Swalwell (D) requested to add "individuals affiliated with white nationalism" to the amendment as a Red Flag Indicator in exchange for her support. Rep. Ken Buck agreed, with the stipulation that "any type of supremacy" should be included, and revised the provision accordingly. The amendment failed 11–21 on September 14, 2019.[11]