The Extreme Risk Protection Order Expansion Act of 2025 aims to reduce firearm-related deaths and injuries by establishing a grant program for states, tribes, and local governments to implement extreme risk protection orders, clarifies federal firearms prohibitions based on these orders, and ensures that these orders are recognized and enforced across state and tribal lines.
Richard Blumenthal
Senator
CT
The Extreme Risk Protection Order Expansion Act of 2025 aims to reduce firearm-related deaths and injuries by establishing a grant program for states, Indian Tribes, and local governments to implement extreme risk protection orders, which temporarily restrict firearm access for individuals deemed a danger to themselves or others. The act also amends federal firearms prohibitions to include individuals subject to these orders and mandates the inclusion of extreme risk protection orders in national crime information databases. Furthermore, it requires states and Indian Tribes to recognize and enforce extreme risk protection orders issued by other jurisdictions and affirms Tribal court jurisdiction to issue and enforce these orders within their Indian country.
Proposed Bill Offers Federal Grants to Expand State 'Red Flag' Gun Laws
This bill, the "Extreme Risk Protection Order Expansion Act of 2025," sets up a new federal grant program designed to help states, Indian Tribes, and local governments implement or enhance 'Extreme Risk Protection Order' (ERPO) laws, often called 'red flag' laws. An ERPO is a civil court order that temporarily restricts a person's access to firearms if they are found to pose a significant danger of harming themselves or others. The core idea is to create a legal pathway for temporarily removing guns during a crisis.
Funding the Framework: How the Grants Would Work
The Attorney General would manage these grants, available to governments that meet specific criteria outlined in the bill (Sec 2). The money isn't just a blank check; it's earmarked for specific uses. Think boosting the capacity of courts and law enforcement through more staff, better tech for tracking cases, and specialized training. A big chunk of the funds – between 25% and 70% – must go towards training law enforcement on how to handle ERPOs safely, effectively, and without bias. This includes recognizing mental health crises, understanding domestic violence dynamics, and knowing when to refer individuals to support services. Funds can also support training for judges and healthcare pros to spot warning signs, develop protocols for firearm removal and storage, and run public awareness campaigns.
Setting the Standard: What Qualifies for Funding?
To get a grant, a state or tribe's ERPO law needs to include specific procedures (Sec 2). Someone must be able to petition a court, laying out the facts why an order is needed. The person named in the petition has the right to written notice and a court hearing (typically within 30 days) to present their side before a longer-term order is issued. These orders last for a set period or until a court ends them. The bill also allows for ex parte orders – temporary emergency orders issued before a full hearing if there's probable cause of immediate danger. Importantly, the law requires firearms to be returned once the person is no longer legally prohibited from owning them, and they can't be disposed of without the owner's consent. Any ERPOs issued must be reported to the Attorney General to be included in the National Instant Criminal Background Check System (NICS).
Beyond Grants: Federal Changes and State Cooperation
The bill doesn't just offer money; it makes federal changes too. It amends federal law (Title 18, Sec 922) to explicitly prohibit individuals subject to qualifying ERPOs (issued after a hearing where they could participate) from possessing firearms (Sec 3). It also directs the FBI to maintain records of these orders for background check purposes (Sec 4). Furthermore, the bill includes a 'full faith and credit' clause (Sec 6). This means states and tribes generally have to recognize and enforce ERPOs issued by courts in other states or tribal lands, provided the issuing court had jurisdiction and followed proper notice and hearing procedures. Tribal courts are affirmed to have full authority to issue and enforce these orders within their jurisdiction.
The Real-World Rollout
If enacted, this legislation aims to standardize and encourage the use of ERPOs across the country by providing financial incentives and setting minimum procedural requirements. The focus on training, data collection (grant recipients must report annually on petitions and orders), and clear protocols points to an effort to ensure these laws are used consistently and fairly. The requirement for states to honor each other's orders could close potential gaps. While the bill lays out due process steps like notice and hearings, the inclusion of temporary ex parte orders highlights the balance it attempts to strike between immediate safety concerns and individual rights. The effectiveness and impact will depend heavily on how states and local agencies implement these laws using the provided framework and funding, which would become available 180 days after enactment (Sec 8).