Extreme Risk Protection Order Expansion Act of 2025
Summary
The Extreme Risk Protection Order Expansion Act of 2025 aims to support state, tribal, and local efforts to remove firearms from individuals deemed a danger to themselves or others through court orders. It establishes a grant program for eligible entities that enact legislation for extreme risk protection orders (ERPOs). The act also amends Title 18 of the U.S. Code to include those under ERPOs in the federal firearms prohibition and updates identification records to include individuals subject to ERPOs.
Expected Effects
This act will likely increase the use of ERPOs across the country by providing funding and support to states and tribes. It will expand the National Instant Criminal Background Check System (NICS) to include ERPOs, preventing individuals subject to these orders from purchasing firearms. The Act also aims to standardize ERPO procedures and ensure due process rights are protected.
Potential Benefits
- May reduce firearm-related deaths and injuries, including suicides and interpersonal violence.
- Provides resources for training law enforcement and court personnel on the use of ERPOs.
- Requires consideration of bias and domestic violence in ERPO implementation.
- Offers a framework for states and tribes to create or improve their ERPO laws.
- Ensures that ERPOs issued in one state or tribe are recognized and enforced in others.
Potential Disadvantages
- Potential for misuse of ERPOs if not implemented with proper safeguards.
- Concerns about due process rights of individuals subject to ERPOs.
- Possible burden on law enforcement and court systems to administer ERPOs effectively.
- Risk of false reporting or frivolous petitions.
- Potential for disproportionate impact on certain demographic groups if bias is not adequately addressed.
Most Disadvantaged Areas:
Constitutional Alignment
The act's alignment with the Constitution is complex. The Second Amendment right to bear arms is a key consideration, but the act aims to balance this right with public safety concerns. The due process clause of the Fifth and Fourteenth Amendments is addressed through the requirement of notice and an opportunity to be heard before an ERPO is issued. The Tenth Amendment is also relevant, as the act encourages states and tribes to enact their own ERPO legislation, respecting their reserved powers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).