Federal Grants Offered to States Adopting Gun Removal Orders; New Rules Bar Those Under ERPOs from Owning Firearms

This legislation, officially titled the Extreme Risk Protection Order Expansion Act of 2025, sets up a federal grant program to push states and tribes to adopt Extreme Risk Protection Order (ERPO) laws—often called 'Red Flag' laws—and connect them to the national background check system. An ERPO is a court order that temporarily restricts a person’s access to firearms if a judge finds they pose a danger to themselves or others. The Act doesn't just offer cash; it fundamentally changes federal gun law by making anyone subject to a qualifying ERPO federally prohibited from possessing or receiving a firearm.

The Federal Incentive: Cash for Compliance

The core of the bill is a new grant program managed by the Attorney General. States and tribes can tap into this money, but there’s a catch: they must first pass ERPO legislation that meets specific federal criteria outlined in Section 2. The money is meant to help with implementation, like hiring staff, collecting data, and, crucially, training. Grant recipients must dedicate between 25% and 70% of the funds to developing training materials for law enforcement and courts.

This training isn't just about paperwork; it has to be comprehensive. It must cover how to handle domestic violence cases, how to interact safely with people experiencing mental health crises, and even how to address potential biases related to race, gender, and classism. For a police department in a qualifying state, this means federal money to help officers learn de-escalation tactics and connect people under an order—and potential victims—with social services like housing and mental health care. It’s an attempt to build a system that focuses on safety and support, not just removal.

The Fine Print: Due Process and Emergency Orders

To qualify for the grants, state and tribal ERPO laws must include strong due process protections (Section 2). This means that for a standard, long-term order, the person named in the petition must get written notice and a full chance to argue their case in court. However, the bill does allow for emergency ex parte orders—where a judge issues the order immediately based only on the petitioner’s evidence—if there is probable cause that the person is a danger. These emergency orders are temporary, lasting only until the required full hearing can take place, which must happen quickly.

This is where it gets tricky for the average person. If you are subject to a petition, the law requires you to be notified and given a hearing, ensuring your side is heard before a final decision is made. But if an emergency order is issued against you, your firearms are removed first, and you get your court date second. While the law requires due process, the temporary loss of rights based on a preliminary finding is a significant change. Furthermore, the law requires that your firearms can only be returned once you are legally eligible to possess them again, which could involve navigating a complex court process even after the order expires.

National Impact: Federal Firearm Prohibition

Section 3 of the Act makes a major change to federal law (18 U.S.C. § 922). Currently, people prohibited from owning firearms include those convicted of felonies or subject to certain domestic violence restraining orders. This bill adds a new category: anyone subject to a court order that meets three specific criteria: they received notice and a hearing, the order explicitly prevents firearm possession, and the court found they pose a danger of harm.

This means if a state or tribal court issues a qualifying ERPO against you, you are instantly barred from possessing or receiving firearms under federal law. This prohibition is then backed up by Section 4, which requires courts to report these ERPOs to the Attorney General so they can be entered into the National Instant Criminal Background Check System (NICS). For the person subject to the order, this means the restriction is no longer just local; it follows you across state lines and will flag you if you attempt to purchase a firearm anywhere in the country.

Interstate Enforcement and Tribal Power

To ensure these orders actually work everywhere, Section 6 mandates “Full Faith and Credit.” If a court in one state or tribe issues a qualifying ERPO, every other state and tribe must enforce it as if it were their own. This is critical for people who travel or move—the order doesn't disappear when you cross a border.

Crucially, this section gives Tribal courts full civil power to issue and enforce these ERPOs against anyone involved, even using tools like civil contempt or exclusion from Tribal land. This is a significant recognition of Tribal sovereignty in the realm of public safety and firearm regulation.

What It Means for You

If this bill becomes law, it provides a powerful financial incentive for more states to adopt Red Flag laws, which are designed to temporarily stop gun violence and suicide. For the public, this could mean enhanced safety measures backed by federal resources and mandatory, bias-aware training for law enforcement. However, for gun owners, it means a new type of civil court order could result in the temporary, federally enforced removal of firearms based on a finding of potential danger, underscoring the importance of understanding the due process rights built into your state’s specific ERPO law.