Federal Push for 'Red Flag' Laws: New Grant Program Links State ERPOs to National Firearm Ban

The Extreme Risk Protection Order Expansion Act of 2025 is essentially a federal incentive program designed to get states and tribes to adopt and beef up their “Red Flag” laws. These laws allow courts to issue Extreme Risk Protection Orders (ERPOs), which temporarily prohibit someone from possessing or buying firearms if a judge finds they pose a danger to themselves or others.

The Federal Carrot: Grants for State Action

This bill sets up a new grant program managed by the Attorney General (SEC. 2). If a state or tribe wants this federal cash, they have to pass an ERPO law that meets specific federal requirements. The money can be used for everything from hiring staff to running public awareness campaigns. Here’s the kicker: between 25% and 70% of the grant must be spent on training law enforcement. This isn’t just basic training; it must cover sensitive areas like bias, de-escalation tactics for people in crisis, and how to handle domestic violence cases while prioritizing victim safety. For a police department, this means funding for essential, high-level training that’s often hard to budget for.

The Due Process Tightrope

For a state law to qualify for the grant money, it must include serious due process protections (SEC. 2). This means the person named in the petition must get written notice and a chance to argue their case in court before a full ERPO is issued. However, the bill does allow for emergency, temporary orders (ex parte) if there’s probable cause of immediate danger. Think of this as getting a temporary restraining order over the phone—it’s fast, but a full hearing must follow quickly. The court must hold that full hearing within 30 days, using a “preponderance of the evidence” standard (or higher) to decide if the person is a danger. For anyone subject to one of these orders, the loss of firearms is temporary, and they can’t be sold or destroyed without the owner’s consent while the order is active.

Automatic Federal Firearm Prohibition

This legislation doesn’t just offer grants; it changes federal law to give these state orders real teeth (SEC. 3). The bill adds a new category to the list of people federally prohibited from owning or possessing a firearm. If a person is subject to a qualifying ERPO—meaning they had notice, a hearing, and the court found they posed a danger—they are now federally banned from possessing or receiving a gun. This means if you’re subject to a valid state ERPO, you will fail a federal background check (NICS) instantly. This is a massive change, linking state-level judicial findings directly to a federal prohibition.

Cross-Country Enforcement and Database Integration

For anyone who travels or moves, Section 6 is crucial. It establishes Full Faith and Credit for these ERPOs. If a court in State A issues a valid ERPO, State B must recognize and enforce it as if it were their own, provided the original order met due process requirements. This means an order issued in California would be enforceable by law enforcement in Texas, creating a consistent national standard for enforcement.

To make sure this works, the bill also mandates that courts electronically report these ERPOs to the Attorney General, who then must update the National Instant Criminal Background Check System (NICS) within 30 days (SEC. 2, SEC. 4). This means the orders are not just local paperwork; they are national data points, ensuring that if someone is prohibited in one state, they can’t just drive across the border and legally purchase a firearm.

Real-World Impact: The Administrative Load

While the public safety benefits are clear—providing a legal mechanism to temporarily remove firearms from people in crisis—the bill places a significant administrative burden on state and tribal courts and law enforcement. They must implement new reporting protocols, integrate with NICS, and conduct detailed annual reporting on every petition, denial, and firearm removed. For the average state court clerk or tribal police department, this means new systems, mandatory training, and a lot more paperwork, even if they are getting federal funding to help cover the costs.