Congress·In Committee·H.R. 4252

Rep. Carbajal Introduces Bill to Expand 'Red Flag' Laws and Federal Gun Bans for High-Risk Individuals

Extreme Risk Protection Order Expansion Act of 2025

9 months ago·View on Congress.gov·Read full text

Legislative Progress

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Key Points

The bill creates a federal grant program run by the Attorney General to help states, tribes, and local governments implement "red flag" laws — court orders that temporarily remove firearms from people found to be a danger to themselves or others.
From policy text
“The Attorney General shall establish a program under which, from amounts made available to carry out this section, the Attorney General may make grants to eligible entities to assist in carrying out the provisions of the legislation described in subsection (c).”
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Grant recipients must spend between 25% and 70% of the funding on training for law enforcement officers, covering topics like de-escalation, crisis intervention, addressing bias, and domestic violence situations.
From policy text
“allocate not less than 25 percent and not more than 70 percent of the amount received under the grant for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4)”
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The bill makes it a federal crime for anyone under a qualifying extreme risk protection order to possess or receive a firearm, and requires these orders to be entered into the National Instant Criminal Background Check System (NICS).
From policy text
“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) prevents such person from possessing or receiving firearms; and ``(C) includes a finding that such person poses a danger of harm to self or others.”
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States and tribes must honor extreme risk protection orders issued in other jurisdictions, preventing someone from crossing state lines to avoid the order. This "full faith and credit" requirement mirrors how states already treat domestic violence protective orders.
From policy text
“Any extreme risk protection order issued under a State or Tribal law enacted in accordance with this Act shall be accorded the same full faith and credit by the court of another State or Indian Tribe”
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To qualify for grants, states must pass laws with due process protections, including written notice to the person named in the petition, a hearing within 30 days, and a preponderance-of-evidence standard or higher before an order can be issued.
From policy text
“the court shall order a hearing to be held within a reasonable time, and not later than 30 days after the date of the petition or request”
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The entire law — including the new federal firearms prohibition — takes effect 180 days after enactment, giving states, courts, and agencies time to prepare.
From policy text
“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.”
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Gun PolicyCriminal JusticeCivil Rights

Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions

Jun 30, 2025House

Referred to the House Committee on the Judiciary.

Jun 30, 2025

Introduced in House

Related News

3 articles

The Nevada Independent·about 1 year ago

Gun confiscation under Nevada's 'red flag' law ticking up after slow start

Usage of Nevada's extreme risk protection orders has quadrupled as the state utilizes federal grant money for law enforcement training. The report highlights the role of federal funding in expanding the reach of red flag laws across the country.

KSTP·7 months ago

New user guide for Minnesota's risk protection law, advocates say the law is saving lives

Advocates in Minnesota released a new implementation guide for the state's red flag law, emphasizing how court-ordered firearm removals can prevent suicides and mass shootings. The state's efforts align with federal goals to standardize and fund these protection orders.

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Governing·3 months ago

New Flash Points in the Dispute Between Feds and States

A new wave of federalism disputes has emerged as the administration uses grant programs to advance policy priorities. The report notes that states are increasingly rejecting federal funds for programs like red flag laws that they view as infringing on state sovereignty.