HR 1236 : National Extreme Risk Protection Order Act of 2019
Position: Support Status: House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security
H.R.1236 would make grants available to state governments that have enacted extreme risk laws to help provide critical funding for implementation, allowing the law to be enforced at its highest potential. This bill provides minimum standards that state-level extreme risk laws must meet in order to be eligible for grant funding while providing enough flexibility for states that do not mirror or that may exceed those standards to remain eligible -- allowing the largest number of states to be eligible for funding.
H.R. 1236 would also empower federal courts to issue Extreme Risk orders. The legislation establishes clear legal standards for when a federal order could be issued including strong due process protections, and it would give family members and law enforcement in all fifty states a path to take action when they observe someone in crisis. (Source: Everytown)
S 506 is the Senate companion bill.
Rep. Carbajal, Salud O. [D-CA-24] (Introduced 02/14/2019)
Oregon Representatives Bonamici, Blumenauer, and DeFazio are cosponsors of this bill.
FEDERAL FUNDING IS NEEDED FOR IMPLEMENTATION (From the Coalition to Stop Gun Violence)
The extreme risk law model is relatively new and may be unfamiliar to stakeholders and petitioners alike. This includes lack of awareness of its existence, why it is important, how it may be applied, and processes for seeking and enforcing orders.
H.R. 1236 would also empower federal courts to issue Extreme Risk orders. The legislation establishes clear legal standards for when a federal order could be issued including strong due process protections, and it would give family members and law enforcement in all fifty states a path to take action when they observe someone in crisis. (Everytown)
Federal funding is needed to help develop and implement tailored training, guidance, and resources for a wide variety of stakeholders. This is especially important for law enforcement officers, court clerks, and judges, as well as social services providers who may be working with potential petitioners.
Public education is important for successful implementation of the law when family members can petition. Making funding available for public awareness campaigns will help increase public knowledge of the law, including tools and instructions on the petitioning process– ensuring that if a loved one is behaving dangerously, family members have knowledge of and access to available legal tools.
Furthermore, each state, county, and city is different. Making federal funding available to states is critical to ensure that the law can help address the different nuances and cultural values of that community, therefore allowing states to do what is best for them.
Laws are only as effective as they are implemented, and legislators and law enforcement alike are told to fully enforce existing gun safety laws. The Extreme Risk Protection Order Act of 2019 would help provide critical funding for implementation, allowing extreme risk laws to be enforced at its highest potential.