Federal - HR 1236

A bill to support State, Tribal, and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose.

Introduced

February 14, 2019

Description

A bill to support State, Tribal, and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose.

Our Position

Monitoring

Original Sponsor 1

Co-Sponsors 209

Latest Actions See More/Less

  • Oct. 11, 2019 — Additional cosponsor(s): 1

    Beatty, (D-Ohio)
  • Oct. 4, 2019 — Additional cosponsor(s): 1

    Davids, (D-Kan.)
  • Oct. 1, 2019 — Additional cosponsor(s): 1

    Keating, (D-Mass.)
  • Sept. 19, 2019 — Additional cosponsor(s): 2

    Finkenauer, (D-Iowa)Lamb, (D-Pa.)
  • Sept. 17, 2019 — Additional cosponsor(s): 2

    Lewis, John (D-Ga.)Ryan, T. (D-Ohio)
  • Sept. 13, 2019 — Additional cosponsor(s): 4

    Frankel, (D-Fla.)Neal, (D-Mass.)
    Gonzalez, (D-Texas)Veasey, (D-Texas)
  • Sept. 11, 2019 — Additional cosponsor(s): 1

    Scott, R. (D-Va.)
  • Sept. 10, 2019 — Full committee consideration and markup held by the House Judiciary Committee.

    Sept. 10, 2019 — Committee Vote: Gun Violence Restraining Orders — Gang Database
      Buck, R-Colo. —

    Amendment to the Nadler, D-N.Y., substitute amendment that would require courts to take into consideration whether an individual is included on any list, report, memoranda, document or database that tracks gangs, gang members or gang incidents when determining whether to issue an extreme risk protection order.

    Amendment to the Nadler, D-N.Y., substitute amendment that would require courts to take into consideration whether an individual is included on any list, report, memoranda, document or database that tracks gangs, gang members or gang incidents when determining whether to issue an extreme risk protection order.

    Rejected 11-21.

    Sept. 10, 2019 — Committee Vote: Gun Violence Restraining Orders — Penalties for False Reports
      M. Johnson, R-La. —

    Amendment to the Nadler, D-N.Y., substitute amendment that would increase from $1,000 to up to $5,000 or five years in prison, or both, the penalty for false or frivolous reports of activity necessitating an extreme risk protection order. It also would specify that such penalties would be in addition to any other penalty authorized by law that the court deems necessary to deter abuse of process.

    Amendment to the Nadler, D-N.Y., substitute amendment that would increase from $1,000 to up to $5,000 or five years in prison, or both, the penalty for false or frivolous reports of activity necessitating an extreme risk protection order. It also would specify that such penalties would be in addition to any other penalty authorized by law that the court deems necessary to deter abuse of process.

    Withdrawn.

    Sept. 10, 2019 — Committee Vote: Gun Violence Restraining Orders — Service Members and Veterans
      Buck, R-Colo. —

    Amendment to the Nadler, D-N.Y., substitute amendment that would require that any extreme risk protection order for a member of the armed forces on active duty be referred to the appropriate investigative agency or tribunal within the Defense Department. It would prevent any veteran who seeks or receives mental health counseling from the Veterans Affairs Department, or receives a diagnosis as mentally incapacitated or mentally incompetent, from being considered adjudicated as a mental defective unless a licensed psychologist with Veterans Affairs who has direct knowledge of the person's mental health finds they are a danger to themself or others. It also would provide for an exemption if the psychologist issues a written report summarizing their conclusion and that a judge review their complete medical record.

    Amendment to the Nadler, D-N.Y., substitute amendment that would require that any extreme risk protection order for a member of the armed forces on active duty be referred to the appropriate investigative agency or tribunal within the Defense Department. It would prevent any veteran who seeks or receives mental health counseling from the Veterans Affairs Department, or receives a diagnosis as mentally incapacitated or mentally incompetent, from being considered adjudicated as a mental defective unless a licensed psychologist with Veterans Affairs who has direct knowledge of the person's mental health finds they are a danger to themself or others. It also would provide for an exemption if the psychologist issues a written report summarizing their conclusion and that a judge review their complete medical record.

    Ruled not germane.

    Sept. 10, 2019 — Committee Vote: Gun Violence Restraining Orders — Issuance Standard
      Chabot, R-Ohio —

    Amendment to the Nadler, D-N.Y., substitute amendment that would replace language that would outline the process for issuing extreme risk protection orders with provisions to establish a standard for the issuance of preliminary extreme risk protection orders, which would require the state court or magistrate to issue a preliminary ex parte protection order upon finding by a preponderance of evidence that the individual posed an imminent, appropriate threat. It also would specify that the state or petitioner would have to establish the need for a protection order.

    It also would define the term "family member" as a spouse, child, parent, sibling, grandchild, grandparent, an individual the person has a child with, a legal guardian of the individual, or a person who cohabits or has cohabited with the individual in the with the last year.

    Amendment to the Nadler, D-N.Y., substitute amendment that would replace language that would outline the process for issuing extreme risk protection orders with provisions to establish a standard for the issuance of preliminary extreme risk protection orders, which would require the state court or magistrate to issue a preliminary ex parte protection order upon finding by a preponderance of evidence that the individual posed an imminent, appropriate threat. It also would specify that the state or petitioner would have to establish the need for a protection order.

    It also would define the term "family member" as a spouse, child, parent, sibling, grandchild, grandparent, an individual the person has a child with, a legal guardian of the individual, or a person who cohabits or has cohabited with the individual in the with the last year.

    Rejected by voice vote.

    Sept. 10, 2019 — Committee Vote: Gun Violence Restraining Orders — Substitute Amendment
      Nadler, D-N.Y. —

    Substitute amendment that would incorporate the provisions from legislation (HR 3076) to allow a federal district court to issue an extreme risk protection order for an imminent threat if law enforcement, a family member or a household member believes that an individual is at risk of imminent personal injury to themself or others by purchasing, possessing or receiving a firearm or ammunition. It also would require that the initial court order be limited to 14 days for an ex parte order, with a hearing required for a long-term extreme risk protection order.

    Substitute amendment that would incorporate the provisions from legislation (HR 3076) to allow a federal district court to issue an extreme risk protection order for an imminent threat if law enforcement, a family member or a household member believes that an individual is at risk of imminent personal injury to themself or others by purchasing, possessing or receiving a firearm or ammunition. It also would require that the initial court order be limited to 14 days for an ex parte order, with a hearing required for a long-term extreme risk protection order.

    Adopted by voice vote.

    Sept. 10, 2019 — Committee Vote: Gun Violence Restraining Orders — Vote to Report

    Require the director of the Justice Department's Office of Community Oriented Policing Services to establish a program to provide grants for extreme risk protection programs. The bill would define an extreme risk protection order as a written warrant issued by a state or tribal court that prohibits the named individual from owning, purchasing, possessing or receiving a firearm and/or having a firearm removed or requiring a named individual to surrender firearms.

    It would make state or tribal governments or local governments eligible for the grants. It also would require recipients to allocate at least 25 percent of the amount received for training law enforcement.

    The measure would require the director of the Justice Department's Office of Community Oriented Policing Services to make grants for extreme risk protection programs. It would allow the use of funds to:

    • Enhance the capacity of law enforcement agencies to provide personnel, training, technical assistance or data collection.
    • Train judges, court personnel and law enforcement officers to identify individuals whose access to firearms pose a danger of causing harm to themselves or others.
    • Develop and implement law enforcement and court protocols, form and orders that they may carry out extreme risk protection orders.
    • Raise public awareness about extreme risk protection orders.

    As amended, it would allow a federal district court to issue an extreme risk protection order for imminent threats if law enforcement, a family member or a household member believes that an individual is at risk of imminent personal injury to themselves or others by purchasing, possessing or receiving a firearm or ammunition. It would require that the initial court order be limited to 14 days for an ex parte order, with a hearing required for a long-term extreme risk protection order.

    Require the director of the Justice Department's Office of Community Oriented Policing Services to establish a program to provide grants for extreme risk protection programs. The bill would define an extreme risk protection order as a written warrant issued by a state or tribal court that prohibits the named individual from owning, purchasing, possessing or receiving a firearm and/or having a firearm removed or requiring a named individual to surrender firearms.

    It would make state or tribal governments or local governments eligible for the grants. It also would require recipients to allocate at least 25 percent of the amount received for training law enforcement.

    The measure would require the director of the Justice Department's Office of Community Oriented Policing Services to make grants for extreme risk protection programs. It would allow the use of funds to:

    • Enhance the capacity of law enforcement agencies to provide personnel, training, technical assistance or data collection.
    • Train judges, court personnel and law enforcement officers to identify individuals whose access to firearms pose a danger of causing harm to themselves or others.
    • Develop and implement law enforcement and court protocols, form and orders that they may carry out extreme risk protection orders.
    • Raise public awareness about extreme risk protection orders.
    • As amended, it would allow a federal district court to issue an extreme risk protection order for imminent threats if law enforcement, a family member or a household member believes that an individual is at risk of imminent personal injury to themselves or others by purchasing, possessing or receiving a firearm or ammunition. It would require that the initial court order be limited to 14 days for an ex parte order, with a hearing required for a long-term extreme risk protection order.

      Ordered reported favorably to the full House (as amended) 22-16.

  • Sept. 10, 2019 — Additional cosponsor(s): 18

    Adams, (D-N.C.)Davis, D. (D-Ill.)Lawrence, (D-Mich.)
    Case, (D-Hawaii)DeLauro, (D-Conn.)Pascrell (D-N.J.)
    Clay, (D-Mo.)Doggett, (D-Texas)Sewell, (D-Ala.)
    Cleaver (D-Mo.)Fletcher, (D-Texas)Trahan, (D-Mass.)
    Costa, (D-Calif.)Green, A. (D-Texas)Underwood, (D-Ill.)
    Craig, (D-Minn.)Harder, (D-Calif.)Yarmuth, (D-Ky.)
  • Sept. 9, 2019 — Additional cosponsor(s): 6

    Butterfield, (D-N.C.)Horsford, (D-Nev.)Trone, (D-Md.)
    Castro, (D-Texas)Ruiz, (D-Calif.)Velazquez, (D-N.Y.)
  • Sept. 6, 2019 — Additional cosponsor(s): 3

    Kim, (D-N.J.)Sherrill, (D-N.J.)Vargas, (D-Calif.)
  • Sept. 4, 2019 — Full committee consideration and markup postponed by the House Judiciary Committee.

  • Aug. 27, 2019 — Additional cosponsor(s): 5

    Bustos, (D-Ill.)Heck, (D-Wash.)Sanchez, (D-Calif.)
    Haaland, (D-N.M.)Jeffries, (D-N.Y.)
  • Aug. 23, 2019 — Additional cosponsor(s): 2

    Crow, (D-Colo.)Larson, J. (D-Conn.)
  • Aug. 16, 2019 — Additional cosponsor(s): 3

    Courtney, (D-Conn.)Lee, (D-Nev.)Stevens, (D-Mich.)
  • Aug. 9, 2019 — Additional cosponsor(s): 4

    Lawson, (D-Fla.)Smith, C. (R-N.J.)
    Norcross, (D-N.J.)Vela, (D-Texas)
  • Aug. 6, 2019 — Additional cosponsor(s): 17

    Aguilar, (D-Calif.)Escobar, (D-Texas)Pressley, (D-Mass.)
    Bass, (D-Calif.)Garcia, (D-Texas)Schiff, (D-Calif.)
    Blunt Rochester, (D-Del.)Gomez, (D-Calif.)Soto, (D-Fla.)
    Chu, (D-Calif.)Gottheimer, (D-N.J.)Stanton, (D-Ariz.)
    Cuellar, (D-Texas)Kuster, (D-N.H.)Torres, (D-Calif.)
    Doyle, (D-Pa.)Napolitano, (D-Calif.)
  • July 30, 2019 — Additional cosponsor(s): 2

    Slotkin, (D-Mich.)Tonko, (D-N.Y.)
  • July 16, 2019 — Additional cosponsor(s): 1

    Correa, (D-Calif.)
  • July 12, 2019 — Additional cosponsor(s): 1

    Porter, (D-Calif.)
  • July 11, 2019 — Additional cosponsor(s): 1

    Neguse, (D-Colo.)
  • July 9, 2019 — Additional cosponsor(s): 1

    O'Halleran, (D-Ariz.)
  • June 25, 2019 — Additional cosponsor(s): 1

    Pocan, (D-Wis.)
  • June 21, 2019 — Additional cosponsor(s): 3

    Kirkpatrick, (D-Ariz.)Phillips, (D-Minn.)Price, (D-N.C.)
  • June 11, 2019 — Additional cosponsor(s): 1

    Scanlon, (D-Pa.)
  • June 10, 2019 — Additional cosponsor(s): 1

    Casten, (D-Ill.)
  • June 6, 2019 — Additional cosponsor(s): 1

    Meeks, (D-N.Y.)
  • June 3, 2019 — Additional cosponsor(s): 4

    Cox, (D-Calif.)Lujan, B.R. (D-N.M.)
    Hayes, (D-Conn.)Richmond, (D-La.)
  • May 22, 2019 — Additional cosponsor(s): 1

    Huffman, (D-Calif.)
  • May 21, 2019 — Additional cosponsor(s): 1

    Sires, (D-N.J.)
  • May 20, 2019 — Additional cosponsor(s): 1

    DelBene, (D-Wash.)
  • May 17, 2019 — Additional cosponsor(s): 1

    Perlmutter, (D-Colo.)
  • May 16, 2019 — Additional cosponsor(s): 3

    Clark, K. (D-Mass.)Grijalva, (D-Ariz.)Meng, (D-N.Y.)
  • May 14, 2019 — Additional cosponsor(s): 2

    Levin, (D-Mich.)Lowey, (D-N.Y.)
  • May 8, 2019 — Additional cosponsor(s): 1

    Garcia, (D-Ill.)
  • May 7, 2019 — Additional cosponsor(s): 1

    Lofgren, (D-Calif.)
  • May 1, 2019 — Additional cosponsor(s): 1

    Omar, (D-Minn.)
  • April 29, 2019 — Additional cosponsor(s): 4

    Bonamici, (D-Ore.)Levin, (D-Calif.)
    Clarke, Y. (D-N.Y.)McBath, (D-Ga.)
  • April 25, 2019 — Additional cosponsor(s): 2

    Kildee, (D-Mich.)Morelle, (D-N.Y.)
  • April 15, 2019 — Additional cosponsor(s): 2

    Pingree, (D-Maine)Tlaib, (D-Mich.)
  • April 10, 2019 — Additional cosponsor(s): 3

    Crist, (D-Fla.)McGovern, (D-Mass.)Peters, S. (D-Calif.)
  • April 8, 2019 — Additional cosponsor(s): 15

    Boyle, (D-Pa.)Jackson Lee, (D-Texas)Malinowski, (D-N.J.)
    Cicilline, (D-R.I.)Johnson, H. (D-Ga.)Ocasio-Cortez, (D-N.Y.)
    Cooper, (D-Tenn.)Larsen, R. (D-Wash.)Sarbanes, (D-Md.)
    Eshoo, (D-Calif.)Lipinski, (D-Ill.)Schneider, (D-Ill.)
    Evans, (D-Pa.)Luria, (D-Va.)Spanberger, (D-Va.)
  • April 1, 2019 — Additional cosponsor(s): 12

    Bera, (D-Calif.)Garamendi, (D-Calif.)Rouda, (D-Calif.)
    Cisneros, (D-Calif.)Himes, (D-Conn.)Schrier, (D-Wash.)
    Davis, S. (D-Calif.)Houlahan, (D-Pa.)Shalala, (D-Fla.)
    DeSaulnier, (D-Calif.)McNerney, (D-Calif.)Sherman, (D-Calif.)
  • March 21, 2019 — Additional cosponsor(s): 22

    Barragan, (D-Calif.)Langevin, (D-R.I.)Smith, Adam (D-Wash.)
    Blumenauer, (D-Ore.)Lowenthal, (D-Calif.)Speier, (D-Calif.)
    Carson, (D-Ind.)Maloney, C. (D-N.Y.)Thompson, M. (D-Calif.)
    Cartwright, (D-Pa.)Maloney, S.P. (D-N.Y.)Watson Coleman, (D-N.J.)
    Castor, (D-Fla.)Matsui, (D-Calif.)Wexton, (D-Va.)
    Hastings, (D-Fla.)McEachin, (D-Va.)Wild, (D-Pa.)
    Hill, (D-Calif.)Nadler, (D-N.Y.)
    Jayapal, (D-Wash.)Roybal-Allard, (D-Calif.)
  • March 8, 2019 — Additional cosponsor(s): 2

    Moulton, (D-Mass.)Rush, (D-Ill.)
  • March 7, 2019 — Additional cosponsor(s): 12

    Brown, A. (D-Md.)Dingell, (D-Mich.)Lieu, (D-Calif.)
    Cardenas, (D-Calif.)Foster, (D-Ill.)Rose, (D-N.Y.)
    Connolly, (D-Va.)Kennedy, Joseph P. (D-Mass.)Serrano, (D-N.Y.)
    DeFazio, (D-Ore.)Lee, B. (D-Calif.)Titus, (D-Nev.)
  • Feb. 27, 2019 — Additional cosponsor(s): 31

    Cohen, (D-Tenn.)Kilmer, (D-Wash.)Quigley, (D-Ill.)
    Cummings, (D-Md.)Krishnamoorthi, (D-Ill.)Raskin, (D-Md.)
    Dean, (D-Pa.)Lynch, (D-Mass.)Rice, K. (D-N.Y.)
    DeGette, (D-Colo.)McCollum, (D-Minn.)Schakowsky, (D-Ill.)
    Demings, (D-Fla.)Moore, (D-Wis.)Suozzi, (D-N.Y.)
    Engel, (D-N.Y.)Mucarsel-Powell, (D-Fla.)Swalwell, (D-Calif.)
    Espaillat, (D-N.Y.)Murphy, S. (D-Fla.)Takano, (D-Calif.)
    Gallego, (D-Ariz.)Norton, (D-D.C.)Wasserman Schultz, (D-Fla.)
    Higgins, B. (D-N.Y.)Pallone (D-N.J.)Welch, (D-Vt.)
    Kelly, R. (D-Ill.)Panetta, (D-Calif.)
    Khanna, (D-Calif.)Pappas, (D-N.H.)
  • Feb. 14, 2019 — Original cosponsor(s): 4

    Beyer (D-Va.)Deutch, (D-Fla.)
    Brownley, (D-Calif.)Fitzpatrick, (R-Pa.)
  • Feb. 14, 2019 — Read twice and referred to: House Judiciary.Congressional Record p. H2029