Federal courts gain power to seize guns in crisis—with safeguards

What it does

This bill creates a federal extreme risk protection order (ERPO) system allowing family members or law enforcement to petition federal courts to temporarily remove firearms from individuals deemed to pose imminent risk of harm to themselves or others. Courts can issue emergency orders within 24 hours based on probable cause, followed by a full hearing within 72 hours where the petitioner must prove by clear and convincing evidence that the person poses ongoing danger. Firearms are held by U.S. Marshals and returned when the order expires or is terminated, provided the person is legally eligible to own guns again. The bill also establishes a federal grant program to help states and tribes develop their own ERPO laws and requires training for law enforcement on bias-free administration.

Why we flagged it

The bill's operative mechanism is a civil court order to temporarily remove firearms from individuals in acute crisis, with robust due-process protections. It is designed to reduce firearm-related suicide and violence, not to restrict rights broadly or permanently. The federal framework complements state ERPOs and does not preempt them.

What the text implies

• The bill creates a federal database of individuals subject to ERPOs, integrated into the National Instant Criminal Background Check System (NICS). This expands the federal firearms-prohibition database beyond traditional criminal convictions and may have collateral consequences for employment, housing, or professional licensing depending on how states and employers access the data.
• The 'clear and convincing evidence' standard for long-term orders is higher than the 'preponderance of the evidence' standard some states use for their own ERPOs, potentially creating a two-tier system where federal orders are harder to obtain but state orders remain easier—creating incentives for petitioners to use state courts instead.
• The bill requires courts to notify mental health agencies and law enforcement of all ERPO orders and renewals. While intended to coordinate services, this creates a permanent record linking individuals to mental health crises, which may deter people from seeking help or disclosing suicidal ideation to family members who might petition.
• Firearms surrendered under federal ERPOs are held by U.S. Marshals or designated law enforcement, not a neutral third party. The bill does not explicitly prohibit law enforcement from accessing or examining the firearms during storage, raising privacy and Fourth Amendment questions about warrantless searches of stored property.
• The grant program incentivizes states to enact ERPO legislation by offering federal funding and preference in other DOJ grants. States that do not enact ERPOs may face pressure and reduced federal law enforcement resources, creating a de facto federal mandate despite the bill's stated non-preemption clause.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

The bill creates a due-process-protected mechanism to temporarily disarm individuals in acute crisis, with multiple safeguards: probable cause for emergency orders, clear-and-convincing-evidence standard for long-term orders, right to counsel, 14-day maximum duration for emergency orders, and mandatory return of firearms upon order expiration. Ordinary citizens gain a legal tool to intervene in suicide and violence crises; respondents retain robust procedural protections and the ability to chall

Named in the bill

U.S. Marshals Service, U.S. District Courts, Department of Justice, Office of Community Oriented Policing Services (COPS), National Instant Criminal Background Check System (NICS), State and Tribal courts, State and local law enforcement, Federal law enforcement agencies

Where it stands

113 cosponsors: 113 Democrats.

• Feb 17, 2026 — Introduced · Congress.gov: “Introduced in House”
• Feb 17, 2026 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.