Federal Extreme Risk Protection Order Act of 2026
Key claim: The bill authorizes federal courts to issue extreme risk protection orders, extends federal firearms prohibitions to persons subject to those orders, creates DOJ implementation grants, and requires FBI compilation of ERPO records.
Abstract
(HR7599 · 119th Congress) Federal Extreme Risk Protection Order Act of 2026 This bill authorizes and establishes procedures for federal courts to issue federal extreme risk protection orders. Additionally, the bill establishes grants to support the implementation of extreme risk protection order laws at the state and local levels, extends federal firearms restrictions to individuals who are subject to extreme risk protection orders, and expands related data collection. Extreme risk protection order laws, or red flag laws, generally allow certain individuals (e.g., law enforcement officers or family members) to petition a court for a temporary order that prohibits an at-risk individual from purchasing and possessing firearms. Among its provisions, the bill authorizes a family or household member, or a law enforcement officer, to petition for a federal extreme risk protection order with respect to an individual who poses a risk to themselves or others; directs the Department of Justice to establish a grant program to help states, local governments, Indian tribes, and other entities implement extreme risk protection order laws; extends federal restrictions on the receipt, possession, shipment, and transportation of firearms and ammunition to individuals who are subject to extreme risk protection orders; and requires the Federal Bureau of Investigation to compile records from federal, tribal, and state courts and other agencies that identify individuals who are subject to extreme risk protection orders. Latest action (2026-02-17): Referred to the House Committee on the Judiciary.
Why this matters
Extreme risk protection orders currently exist only under state law, producing patchwork coverage and no federal firearms disability for those subject to them. A federal ERPO statute would create a nationwide civil-court mechanism to temporarily remove firearms from persons found to pose a risk, with due-process implications for respondents and practical effects on domestic violence victims, at-risk individuals, and gun owners. The proposal sits at the intersection of Second Amendment rights, due process, and public safety, and its FBI-recordkeeping component would also shape data available for gun violence research.