Introduced February 17, 2026 by Lucy Mcbath · Last progress February 17, 2026
The bill strengthens nationwide tools, funding, and data-sharing to remove firearms from people judged to be a risk—likely reducing near‑term gun harm—while raising substantial due‑process, privacy, administrative, and equity concerns from temporary deprivation, data expansion, cross‑jurisdictional complexity, and increased enforcement costs.
People at imminent risk (including victims, families, and communities) will have firearms removed or blocked more quickly and consistently across states and tribes, reducing near-term risk of suicide and interpersonal gun violence.
Federal standards, NICS reporting rules, and national database access give courts, sellers, and law enforcement clearer authority and tools to identify and bar people subject to qualifying court orders from acquiring or possessing firearms.
Federal grants, training, and technical assistance will expand capacity for states/tribes and courts (training judges, court staff, police, and community organizations) to identify at-risk people, apply ERPOs appropriately, and connect people to services.
People subject to ex parte or temporarily issued ERPOs may have firearms taken or be barred from buying firearms before a full hearing, risking erroneous or prolonged deprivation of rights for respondents (including those in vulnerable demographic groups).
Expanded federal prohibitions, criminal penalties, and civil forfeiture tied to ERPOs could criminalize conduct, create conflicts with state ERPO regimes, deter legitimate petitioners, and expose individuals to federal charges for possession tied to state or tribal orders.
Broad implementation, reporting, and enforcement will impose administrative and fiscal burdens on courts, U.S. Marshals, NICS, states, tribes, and local agencies—raising costs for taxpayers and potentially slowing background-check and enforcement processes.
Based on analysis of 9 sections of legislative text.
Establishes a federal ERPO system, adds ERPOs as a firearms disqualifier, funds state/tribal implementation grants, enables national ERPO records, and mandates interstate enforcement.
Creates a federal framework for Extreme Risk Protection Orders (ERPOs) that lets federal courts temporarily prohibit people judged to pose a significant risk of harming themselves or others from buying, possessing, or accessing firearms and ammunition. It sets procedures for petitions, emergency ex parte orders, hearings, removal and return of firearms, penalties for violations, interstate enforcement, and recordkeeping. Adds court-ordered ERPOs to federal firearms prohibitions, authorizes a Department of Justice grant program to help states, tribes, and localities implement ERPO laws (with a mandated portion for law enforcement training), allows ERPO records in national crime databases, requires full faith and credit across states and tribes for qualifying ERPOs, and takes effect 180 days after enactment.