This bill establishes a federal process for Extreme Risk Protection Orders, creates a grant program to incentivize states to adopt similar laws, and mandates the recognition of such orders across state lines.
Lucy McBath
Representative
GA-6
The Federal Extreme Risk Protection Order Act of 2026 establishes a federal process for issuing Extreme Risk Protection Orders (ERPOs) that temporarily prohibit individuals deemed a danger from possessing firearms. The bill allows family members or law enforcement to petition federal courts for temporary or long-term orders based on evidence of imminent risk of harm. Furthermore, it creates a federal grant program to incentivize and support states and tribes in implementing their own qualifying ERPO laws. Finally, it mandates that individuals subject to these federal orders surrender their firearms and ensures these orders are recognized across state lines.
Federal 'Red Flag' Law to Launch in 2026: 180-Day Firearm Bans and New Court Powers for Families
The Federal Extreme Risk Protection Order Act of 2026 creates a nationwide framework for what many call 'red flag' laws. Starting 180 days after it is signed, this bill allows family members, household partners, or police officers to petition a federal court to temporarily remove firearms from someone they believe poses an 'imminent risk' of harm to themselves or others. This isn't just a suggestion; it's a court-ordered prohibition on buying or possessing guns and ammo, backed by the U.S. Marshals Service. For a busy person, this means that if a relative is in a mental health crisis or making threats, there is a direct federal legal path to intervene before a tragedy happens, but it also means the legal system gains significant power over personal property with very short notice.
The Fast Track and the Long Haul
The bill sets up two speeds for these orders. First is the 'Ex Parte' order, which is the emergency version. If a judge finds 'probable cause' of an imminent risk, they can issue an order the same day a petition is filed—without the person losing their guns being in the room to defend themselves. These emergency orders last up to 14 days. After that, a full hearing is required for a 'Long-Term Order,' which can last up to 180 days. At this stage, the person affected (the respondent) has the right to a lawyer, and if they can't afford one, the court has to provide one. To keep the guns away for the full six months, the petitioner has to hit a higher bar: 'clear and convincing evidence' that the risk is real. Think of it like a temporary restraining order, but specifically for your gun safe.
Surrender, Storage, and the Road Back
Once an order is signed, the clock starts ticking. A U.S. Marshal or local officer will show up to serve the order and ask for the firearms immediately. If they can't find the person, that individual has 48 hours to hand them over or sell them to a licensed gun dealer. The bill is specific about the return process, too: once an order expires, the court has to run a background check through NICS. If you pass, you get your property back. However, the bill also includes a 'false petition' penalty to prevent people from using the law as a weapon in bad-faith disputes; anyone caught lying on a petition faces up to five years in prison and a $5,000 fine. It’s a safeguard designed to stop the system from being used for revenge during a messy breakup or a neighborly feud.
National Reach and Local Incentives
This isn't just about federal courts; the bill uses the power of the purse to get states and tribes on board. It creates a massive grant program through the DOJ to help local governments set up their own versions of these laws, provided they meet federal standards for due process and data reporting. It also includes a 'Full Faith and Credit' clause. This means if a court in Ohio issues a protection order against someone, and that person drives to a gun show in Nevada, the order follows them. Law enforcement across state lines must treat that order as if it were issued in their own backyard. For the average citizen, this creates a much tighter net of information, ensuring that a 'red flag' in one state doesn't disappear the moment someone crosses a border.