Introduced February 17, 2026 by Lucy Mcbath · Last progress February 17, 2026
The bill aims to reduce near‑term gun injuries and suicides by creating a federally supported, interstate ERPO system with funding, data sharing, and due‑process safeguards — but it increases federal involvement, administrative costs, privacy and database risks, and raises significant due‑process and cross‑jurisdictional burdens that could disproportionately affect marginalized people and those wrongly targeted.
People at imminent or short-term risk (targets of credible threats, recent violent acts, or assessed as high-risk) will be barred from buying or possessing firearms and can have firearms temporarily removed, reducing near-term risk of gun violence and suicide.
Survivors and potential victims across States and Tribes gain broader protection because ERPOs issued in one jurisdiction are enforceable in others and Tribal courts have clear civil authority to issue and enforce orders in Indian country.
Courts and law enforcement get better information-sharing and enforcement tools — including NICS reporting, national ERPO records, and clearer federal prohibitions — improving the ability to identify and prevent firearm access by prohibited persons.
People subject to ex parte or temporary orders may have firearms seized or be barred from possession based on a probable‑cause standard and without an immediate adversarial hearing (and may lose rights without a criminal conviction), raising significant due‑process and liberty concerns.
Risk of misuse or frivolous petitions (including weaponization against marginalized groups) could chill lawful firearm ownership and disproportionately harm racial/ethnic minorities, immigrants, and low‑income people despite criminal penalties for false filings.
Federal overlay and new national requirements may create duplication, conflict, and inconsistent procedures with existing State ERPO laws, complicating petitioning, enforcement, and court processes across jurisdictions.
Based on analysis of 9 sections of legislative text.
Creates a federal extreme risk protection order (ERPO) system that lets family members or law enforcement ask a U.S. district court to temporarily bar a person from buying, possessing, or receiving firearms and ammunition. The measure sets standards for ex parte and full hearings, requires surrender and custody procedures (handled by U.S. Marshals or designated officers), adds ERPO-based firearms disqualifications to federal law, and establishes penalties for false petitions. Also funds and directs a DOJ COPS-administered grant program to help states, tribes, and localities implement qualifying ERPO laws; requires federal courts and agencies to report ERPO actions into national databases (including NICS); mandates training for federal law enforcement; and takes effect 180 days after enactment.