Federal Extreme Risk Protection Order Act of 2026
Congress Proposes National 'Red Flag' Law to Remove Firearms from High-Risk Individuals
Legislative Progress
Key Points
- This bill allows family members or police officers to ask a federal court to temporarily take away firearms from someone who is a danger to themselves or others. These are often called 'red flag' laws or extreme risk protection orders.
- If a judge finds there is an immediate risk, they can issue an emergency order right away that lasts for 14 days. For a longer order lasting up to 180 days, the court must hold a hearing where the person has the right to a lawyer, including a court-appointed one if they cannot afford it.
- When an order is issued, the person must immediately give up their guns, ammunition, and carry permits to the U.S. Marshals or local police. If the order expires and is not renewed, the person can get their firearms back as long as they are still legally allowed to own them.
- To prevent people from abusing the system, anyone who intentionally lies to the court or files a fake petition could face up to five years in prison and a $5,000 fine.
- The bill also creates a grant program to give federal money to states and tribes that set up their own similar 'red flag' systems. It requires states to honor orders issued by other states or tribes.
- The goal of the policy is to reduce gun-related deaths, including suicides and mass shootings, by providing a legal way to intervene before a person in crisis commits an act of violence.
Impact Analysis
Personal Impact
Life & Work
The bill creates a new pathway for individuals to be entered into federal background check databases through extreme risk protection orders. While the records must be destroyed when orders expire, being flagged in the system could affect future firearm purchases and interactions with law enforcement. However, the bill also provides protections against false or frivolous petitions with penalties of up to 5 years in prison.
Disabilities
Activities
Milestones
Referred to the House Committee on the Judiciary.
Introduced in House
The bill was officially filed and given a number. It now enters the legislative queue.
Votes
No votes have been recorded for this legislation yet.
News
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Source Information
Document Type
Congressional Bill
Official Title
Federal Extreme Risk Protection Order Act of 2026
Data Sources
Sponsor
Cosponsors
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