Federal Extreme Risk Protection Order Act of 2026

Summary of the Federal Extreme Risk Protection Order Act of 2026

This bill would create a federal system for what are commonly known as "red flag" orders — legal tools that allow a court to temporarily remove firearms from a person who is considered a serious danger to themselves or others. Under this legislation, certain people (such as family members, household members, or law enforcement officers) could go to a federal court and request that a judge order a specific individual to surrender their guns for a period of time. The judge would review the evidence and decide whether the person poses a significant risk before issuing such an order.

If passed, the bill would establish a nationwide legal process for these protective orders at the federal level. This could be especially relevant in situations that cross state lines or involve federal jurisdiction. The orders would be temporary, with a process for the affected person to appear in court and challenge the removal of their firearms. Once the court determines the danger has passed, the person's firearms would be returned.

This bill affects gun owners, their family members, and law enforcement across the country. Supporters of similar laws argue they can help prevent gun violence and suicides by intervening during a crisis. Critics of such laws argue they raise concerns about due process and Second Amendment rights. The bill has been referred to the House Judiciary Committee, which means it is in its early stages and has not yet been voted on by the full Congress.