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119-hr-7599119th Congress

Federal Extreme Risk Protection Order Act of 2026

Sponsored By: Representative McBath, Lucy [D-GA-6]

Introduced

Summary

Creates a federal Extreme Risk Protection Order (ERPO) system that would let family members or law enforcement ask a federal court to temporarily restrict someone from possessing firearms. The bill would also fund a DOJ Office of Community Oriented Policing Services grant program, require courts to report ERPOs to federal background-check systems, and set custody and surrender rules for firearms and permits.

Show full summary
  • Families and petitioners: Family or household members and law enforcement could seek emergency ex parte orders that last 14 days and longer orders after a hearing that can last up to 180 days. Ex parte orders use a probable cause standard and long-term orders use a clear and convincing evidence standard.
  • Respondents and firearm owners: Orders would require surrender of firearms, ammunition, and purchase or carry permits and would make possession unlawful under amended federal law while an ERPO is in effect. The bill creates penalties for false or frivolous petitions up to $5,000 and up to 5 years in prison.
  • States, Tribes, and law enforcement: Establishes a COPS grant program for jurisdictions that enact qualifying ERPO laws, requires 25 to 70 percent of funds go to training on bias, domestic violence, disability access, crisis intervention, and community relations, and requires courts to notify the Attorney General and NICS within 2 court days after ERPO issuance or termination.

Provides model court policy guidance and interstate recognition of ERPOs, plus detailed recordkeeping and reporting requirements for tracking petitions and removals.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Surrender, background checks, and bans

If enacted, people subject to an ERPO would have to surrender firearms, ammunition, and permits to U.S. marshals or designated officers, or do so within 48 hours if custody is not immediate. The bill would make it illegal to possess or receive firearms while under an ERPO. Courts would have to notify the Attorney General and the State NICS point of contact within 2 court days so orders update background checks. ERPO records could be included in national databases but must be destroyed when an order ends, and ERPO-based disqualifications would be added to NICS references.

Who can ask for ERPOs and rules

If enacted, family or household members and law enforcement would be able to petition federal courts for emergency or long-term ERPOs. Ex parte petitions would be decided the same day and last no more than 14 days. If served, a hearing must occur within 72 hours; long-term orders would need clear and convincing proof and could last up to 180 days. Courts and agencies could not charge petition or service fees, and knowingly false or frivolous petitions would face up to $5,000 fine or 5 years in prison.

New federal extreme risk orders

If enacted, this bill would create a federal extreme risk protection order (ERPO) that a U.S. district court could issue. The order would bar a person from buying, possessing, or receiving firearms or ammunition that affect interstate commerce. The new rules and definitions would begin 180 days after enactment.

Federal grants to help states run ERPOs

If enacted, the DOJ COPS office would run a grant program to help states, tribes, and localities implement ERPO laws, train officers, and fund outreach. Recipients would have to spend between 25% and 70% of funds on law-enforcement training and consult domestic violence and mental health experts. States and tribes would need qualifying ERPO laws and timely electronic reporting to NICS to get grant preference. The program would begin 180 days after enactment and is authorized at 'such sums as are necessary'.

Interstate ERPO recognition and access

If enacted, courts and law enforcement in states and tribes that adopt qualifying ERPO laws would have to honor and enforce ERPOs issued elsewhere as if they were local orders. The Administrative Office of the U.S. Courts would write a model policy to make filing easier, allow weekend filings, and coordinate safe service and firearm relinquishment. These rules would take effect 180 days after enactment.

Sponsors & CoSponsors

Sponsor

McBath, Lucy [D-GA-6]

GA • D

Cosponsors

  • Rep. Moskowitz, Jared [D-FL-23]

    FL • D

    Sponsored 2/17/2026

  • Rep. Carbajal, Salud O. [D-CA-24]

    CA • D

    Sponsored 2/17/2026

  • Rep. Sewell, Terri A. [D-AL-7]

    AL • D

    Sponsored 2/17/2026

  • Rep. Ansari, Yassamin [D-AZ-3]

    AZ • D

    Sponsored 2/17/2026

  • Rep. Stanton, Greg [D-AZ-4]

    AZ • D

    Sponsored 2/17/2026

  • Rep. Thompson, Mike [D-CA-4]

    CA • D

    Sponsored 2/17/2026

  • Rep. Matsui, Doris O. [D-CA-7]

    CA • D

    Sponsored 2/17/2026

  • Rep. Garamendi, John [D-CA-8]

    CA • D

    Sponsored 2/17/2026

  • Rep. DeSaulnier, Mark [D-CA-10]

    CA • D

    Sponsored 2/17/2026

  • Rep. Simon, Lateefah [D-CA-12]

    CA • D

    Sponsored 2/17/2026

  • Rep. Swalwell, Eric [D-CA-14]

    CA • D

    Sponsored 2/17/2026

  • Rep. Mullin, Kevin [D-CA-15]

    CA • D

    Sponsored 2/17/2026

  • Rep. Brownley, Julia [D-CA-26]

    CA • D

    Sponsored 2/17/2026

  • Rep. Chu, Judy [D-CA-28]

    CA • D

    Sponsored 2/17/2026

  • Rep. Torres, Norma J. [D-CA-35]

    CA • D

    Sponsored 2/17/2026

  • Rep. Garcia, Robert [D-CA-42]

    CA • D

    Sponsored 2/17/2026

  • Rep. Min, Dave [D-CA-47]

    CA • D

    Sponsored 2/17/2026

  • Rep. Peters, Scott H. [D-CA-50]

    CA • D

    Sponsored 2/17/2026

  • Rep. Vargas, Juan [D-CA-52]

    CA • D

    Sponsored 2/17/2026

  • Rep. DeGette, Diana [D-CO-1]

    CO • D

    Sponsored 2/17/2026

  • Rep. Neguse, Joe [D-CO-2]

    CO • D

    Sponsored 2/17/2026

  • Rep. Crow, Jason [D-CO-6]

    CO • D

    Sponsored 2/17/2026

  • Rep. Pettersen, Brittany [D-CO-7]

    CO • D

    Sponsored 2/17/2026

  • Rep. Courtney, Joe [D-CT-2]

    CT • D

    Sponsored 2/17/2026

  • Rep. Hayes, Jahana [D-CT-5]

    CT • D

    Sponsored 2/17/2026

  • Del. Norton, Eleanor Holmes [D-DC-At Large]

    DC • D

    Sponsored 2/17/2026

  • Rep. Frost, Maxwell [D-FL-10]

    FL • D

    Sponsored 2/17/2026

  • Rep. Castor, Kathy [D-FL-14]

    FL • D

    Sponsored 2/17/2026

  • Rep. Cherfilus-McCormick, Sheila [D-FL-20]

    FL • D

    Sponsored 2/17/2026

  • Rep. Johnson, Henry C. "Hank" [D-GA-4]

    GA • D

    Sponsored 2/17/2026

  • Rep. Williams, Nikema [D-GA-5]

    GA • D

    Sponsored 2/17/2026

  • Rep. Tokuda, Jill N. [D-HI-2]

    HI • D

    Sponsored 2/17/2026

  • Rep. Kelly, Robin L. [D-IL-2]

    IL • D

    Sponsored 2/17/2026

  • Rep. Ramirez, Delia C. [D-IL-3]

    IL • D

    Sponsored 2/17/2026

  • Rep. García, Jesús G. "Chuy" [D-IL-4]

    IL • D

    Sponsored 2/17/2026

  • Rep. Quigley, Mike [D-IL-5]

    IL • D

    Sponsored 2/17/2026

  • Rep. Casten, Sean [D-IL-6]

    IL • D

    Sponsored 2/17/2026

  • Rep. Davis, Danny K. [D-IL-7]

    IL • D

    Sponsored 2/17/2026

  • Rep. Krishnamoorthi, Raja [D-IL-8]

    IL • D

    Sponsored 2/17/2026

  • Rep. Foushee, Valerie P. [D-NC-4]

    NC • D

    Sponsored 2/17/2026

  • Rep. Menendez, Robert [D-NJ-8]

    NJ • D

    Sponsored 2/17/2026

  • Rep. Titus, Dina [D-NV-1]

    NV • D

    Sponsored 2/17/2026

  • Rep. Meng, Grace [D-NY-6]

    NY • D

    Sponsored 2/17/2026

  • Rep. Goldman, Daniel S. [D-NY-10]

    NY • D

    Sponsored 2/17/2026

  • Rep. Nadler, Jerrold [D-NY-12]

    NY • D

    Sponsored 2/17/2026

  • Rep. Torres, Ritchie [D-NY-15]

    NY • D

    Sponsored 2/17/2026

  • Rep. Latimer, George [D-NY-16]

    NY • D

    Sponsored 2/17/2026

  • Rep. Tonko, Paul [D-NY-20]

    NY • D

    Sponsored 2/17/2026

  • Rep. Kennedy, Timothy M. [D-NY-26]

    NY • D

    Sponsored 2/17/2026

  • Rep. Beatty, Joyce [D-OH-3]

    OH • D

    Sponsored 2/17/2026

  • Rep. Brown, Shontel M. [D-OH-11]

    OH • D

    Sponsored 2/17/2026

  • Rep. Sykes, Emilia Strong [D-OH-13]

    OH • D

    Sponsored 2/17/2026

  • Rep. Bonamici, Suzanne [D-OR-1]

    OR • D

    Sponsored 2/17/2026

  • Rep. Salinas, Andrea [D-OR-6]

    OR • D

    Sponsored 2/17/2026

  • Rep. Evans, Dwight [D-PA-3]

    PA • D

    Sponsored 2/17/2026

  • Rep. Scanlon, Mary Gay [D-PA-5]

    PA • D

    Sponsored 2/17/2026

  • Rep. Deluzio, Christopher R. [D-PA-17]

    PA • D

    Sponsored 2/17/2026

  • Rep. Amo, Gabe [D-RI-1]

    RI • D

    Sponsored 2/17/2026

  • Rep. Magaziner, Seth [D-RI-2]

    RI • D

    Sponsored 2/17/2026

  • Rep. Fletcher, Lizzie [D-TX-7]

    TX • D

    Sponsored 2/17/2026

  • Rep. Castro, Joaquin [D-TX-20]

    TX • D

    Sponsored 2/17/2026

  • Rep. Garcia, Sylvia R. [D-TX-29]

    TX • D

    Sponsored 2/17/2026

  • Rep. McClellan, Jennifer L. [D-VA-4]

    VA • D

    Sponsored 2/17/2026

  • Rep. Beyer, Donald S. [D-VA-8]

    VA • D

    Sponsored 2/17/2026

  • Rep. Subramanyam, Suhas [D-VA-10]

    VA • D

    Sponsored 2/17/2026

  • Rep. Walkinshaw, James R. [D-VA-11]

    VA • D

    Sponsored 2/17/2026

  • Rep. Balint, Becca [D-VT-At Large]

    VT • D

    Sponsored 2/17/2026

  • Rep. DelBene, Suzan K. [D-WA-1]

    WA • D

    Sponsored 2/17/2026

  • Rep. Jayapal, Pramila [D-WA-7]

    WA • D

    Sponsored 2/17/2026

  • Rep. Schakowsky, Janice D. [D-IL-9]

    IL • D

    Sponsored 2/17/2026

  • Rep. Schneider, Bradley Scott [D-IL-10]

    IL • D

    Sponsored 2/17/2026

  • Rep. Foster, Bill [D-IL-11]

    IL • D

    Sponsored 2/17/2026

  • Rep. Underwood, Lauren [D-IL-14]

    IL • D

    Sponsored 2/17/2026

  • Rep. Mrvan, Frank J. [D-IN-1]

    IN • D

    Sponsored 2/17/2026

  • Rep. Carson, André [D-IN-7]

    IN • D

    Sponsored 2/17/2026

  • Rep. McGarvey, Morgan [D-KY-3]

    KY • D

    Sponsored 2/17/2026

  • Rep. Trahan, Lori [D-MA-3]

    MA • D

    Sponsored 2/17/2026

  • Rep. Auchincloss, Jake [D-MA-4]

    MA • D

    Sponsored 2/17/2026

  • Rep. Moulton, Seth [D-MA-6]

    MA • D

    Sponsored 2/17/2026

  • Rep. Lynch, Stephen F. [D-MA-8]

    MA • D

    Sponsored 2/17/2026

  • Rep. McClain Delaney, April [D-MD-6]

    MD • D

    Sponsored 2/17/2026

  • Rep. Pingree, Chellie [D-ME-1]

    ME • D

    Sponsored 2/17/2026

  • Rep. Scholten, Hillary J. [D-MI-3]

    MI • D

    Sponsored 2/17/2026

  • Rep. Dingell, Debbie [D-MI-6]

    MI • D

    Sponsored 2/17/2026

  • Rep. McCollum, Betty [D-MN-4]

    MN • D

    Sponsored 2/17/2026

  • Rep. Omar, Ilhan [D-MN-5]

    MN • D

    Sponsored 2/17/2026

  • Rep. Cleaver, Emanuel [D-MO-5]

    MO • D

    Sponsored 2/17/2026

  • Rep. Boyle, Brendan F. [D-PA-2]

    PA • D

    Sponsored 2/17/2026

  • Rep. Mfume, Kweisi [D-MD-7]

    MD • D

    Sponsored 2/17/2026

  • Rep. Schrier, Kim [D-WA-8]

    WA • D

    Sponsored 2/17/2026

  • Rep. Smith, Adam [D-WA-9]

    WA • D

    Sponsored 2/17/2026

  • Rep. Strickland, Marilyn [D-WA-10]

    WA • D

    Sponsored 2/17/2026

  • Rep. Pocan, Mark [D-WI-2]

    WI • D

    Sponsored 2/17/2026

  • Rep. Moore, Gwen [D-WI-4]

    WI • D

    Sponsored 2/17/2026

  • Rep. Correa, J. Luis [D-CA-46]

    CA • D

    Sponsored 2/17/2026

  • Rep. Larson, John B. [D-CT-1]

    CT • D

    Sponsored 2/17/2026

  • Rep. DeLauro, Rosa L. [D-CT-3]

    CT • D

    Sponsored 2/17/2026

  • Rep. Himes, James A. [D-CT-4]

    CT • D

    Sponsored 2/17/2026

  • Rep. Soto, Darren [D-FL-9]

    FL • D

    Sponsored 2/17/2026

  • Rep. Frankel, Lois [D-FL-22]

    FL • D

    Sponsored 2/17/2026

  • Rep. Wilson, Frederica S. [D-FL-24]

    FL • D

    Sponsored 2/17/2026

  • Rep. Morrison, Kelly [D-MN-3]

    MN • D

    Sponsored 2/17/2026

  • Rep. Bell, Wesley [D-MO-1]

    MO • D

    Sponsored 2/17/2026

  • Rep. Ryan, Patrick [D-NY-18]

    NY • D

    Sponsored 2/17/2026

  • Rep. Dean, Madeleine [D-PA-4]

    PA • D

    Sponsored 2/17/2026

  • Rep. Stevens, Haley M. [D-MI-11]

    MI • D

    Sponsored 4/14/2026

  • Rep. Craig, Angie [D-MN-2]

    MN • D

    Sponsored 6/24/2026

  • Rep. Thanedar, Shri [D-MI-13]

    MI • D

    Sponsored 7/6/2026

  • Rep. Johnson, Julie [D-TX-32]

    TX • D

    Sponsored 7/6/2026

  • Rep. Dexter, Maxine [D-OR-3]

    OR • D

    Sponsored 7/6/2026

  • Rep. Mannion, John W. [D-NY-22]

    NY • D

    Sponsored 7/20/2026

  • Rep. Tlaib, Rashida [D-MI-12]

    MI • D

    Sponsored 7/27/2026

  • Rep. Wasserman Schultz, Debbie [D-FL-25]

    FL • D

    Sponsored 8/10/2026

Roll Call Votes

No roll call votes available for this bill.

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