Bills of Congress by U.S. Congress

S.889 - Extreme Risk Protection Order Expansion Act of 2025 (119th Congress)

Summary

The Extreme Risk Protection Order Expansion Act of 2025 (S.889) 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 (states, Indian tribes, and local governments) that enact legislation facilitating extreme risk protection orders (ERPOs). The bill also amends Title 18 of the U.S. Code to include individuals subject to ERPOs in the federal firearms prohibition and mandates the inclusion of ERPOs in national crime information databases.

Expected Effects

This act would likely increase the use of ERPOs across the country by providing funding and standardizing procedures. It would expand the categories of individuals prohibited from possessing firearms under federal law. The Act also aims to enhance data collection and information sharing related to ERPOs.

Potential Benefits

  • May reduce firearm-related suicides and interpersonal violence.
  • Provides resources for training law enforcement and court personnel on ERPO implementation.
  • Ensures due process rights for individuals subject to ERPOs through notice and hearing requirements.
  • Enhances data collection and reporting on ERPO usage, allowing for better evaluation of their effectiveness.
  • Promotes consistency and reciprocity of ERPOs across state and tribal jurisdictions through full faith and credit provisions.

Potential Disadvantages

  • Potential for infringement on Second Amendment rights if ERPOs are improperly applied.
  • Risk of misuse or abuse of ERPOs, particularly against marginalized groups, despite training requirements.
  • Increased burden on law enforcement and court systems to administer ERPOs effectively.
  • Concerns about data privacy and security related to the collection and sharing of information on individuals subject to ERPOs.
  • Possible challenges in balancing public safety with individual liberties and due process rights.

Constitutional Alignment

The Act's alignment with the Constitution is complex. While it aims to enhance public safety, potential conflicts arise with the Second Amendment right to bear arms and the Fifth and Fourteenth Amendment rights to due process. The Act attempts to address due process concerns by requiring notice and an opportunity to be heard before an ERPO is issued, but the ex parte order provision could be challenged. The full faith and credit clause (Article IV, Section 1) is invoked to ensure ERPOs are recognized across jurisdictions.

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).