Federal Extreme Risk Protection Order Act of 2026

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.