Bill Summary
The "Fair Legal Access Grants Act" aims to enhance access to legal resources for individuals seeking extreme risk protection orders (ERPOs), which are court-issued orders designed to prevent firearm-related harm by restricting a person's access to firearms. The legislation amends the Omnibus Crime Control and Safe Streets Act of 1968 to establish a grant program administered by the Attorney General.
Key provisions include:
1. **Grant Awards**: States, local governments, and Tribal governments can receive grants to provide legal assistance and resources to individuals eligible to seek ERPOs.
2. **Use of Funds**: Grant recipients may use funds for various purposes, such as providing legal counsel, establishing resource centers, hiring personnel for processing petitions, awarding subgrants to nonprofit legal aid organizations, and training relevant personnel to better assist individuals in need of protection.
3. **Funding Authorization**: The Act authorizes $50 million annually from 2028 to 2034 for these initiatives.
4. **Jurisdiction Limitations**: Federal courts are restricted from exercising jurisdiction over cases related to ERPO petitions unless the petition is deemed false or intentionally harassing.
Overall, the Act seeks to ensure that individuals at risk can effectively navigate the legal processes necessary to obtain protection from potential firearm violence.
Possible Impacts
The proposed "Fair Legal Access Grants Act" could have various impacts on individuals seeking extreme risk protection orders (ERPOs) and the broader community. Here are three examples of how this legislation might affect people:
1. **Increased Access to Legal Support**: The grant provisions in the legislation will enable states, local governments, and Tribal Governments to provide legal representation and resources to individuals seeking extreme risk protection orders. This can significantly help individuals who may not have the financial means to hire a lawyer, thereby increasing the likelihood that they can successfully navigate the legal process and obtain protection against individuals who pose a risk of firearm-related harm.
2. **Enhanced Awareness and Education on ERPOs**: As part of the funding allocation, the establishment of legal resource centers will facilitate the dissemination of information about extreme risk protection orders. These centers will help educate the community about the legal process, the differences between ERPOs and domestic violence protection orders, and available resources. This increased awareness can empower individuals to seek protective measures when necessary and ensure they understand their options for safeguarding their safety.
3. **Support for Non-English Speakers**: The legislation emphasizes the importance of providing resources in multiple languages. By expanding legal support and informational resources to non-English speakers, the act aims to ensure that language barriers do not prevent individuals from accessing the protections offered by extreme risk protection orders. This inclusivity can help protect a more diverse range of individuals, ensuring that all community members can seek help without facing language-related obstacles.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7171 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7171
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
award grants for providing legal resources for petitioners seeking
extreme risk protection orders, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 21, 2026
Ms. Chu (for herself, Mr. Goldman of New York, Ms. Norton, Mr. Lynch,
Mr. Frost, Mr. Moskowitz, Mr. Johnson of Georgia, Mrs. McBath, and Ms.
Schakowsky) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
award grants for providing legal resources for petitioners seeking
extreme risk protection orders, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Legal Access Grants Act''.
SEC. 2. LEGAL RESOURCES FOR EXTREME RISK PROTECTION ORDER PETITIONERS.
Subpart I of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended--
(1) by redesignating section 509 as section 510; and
(2) by inserting after section 508 the following:
``SEC. 509. LEGAL RESOURCES FOR EXTREME RISK PROTECTION ORDER
PETITIONERS.
``(a) Definitions.--In this section:
``(1) Covered petitioner.--The term `covered petitioner'
means an individual who is eligible to seek an extreme risk
protection order from an applicable State or Tribal court.
``(2) Extreme risk protection order.--The term `extreme
risk protection order' means a written order or warrant, issued
by a State or Tribal court or signed by a magistrate or other
comparable judicial officer, the primary purpose of which is to
reduce the risk of firearm-related death or injury by--
``(A) prohibiting a named individual from owning,
purchasing, possessing, receiving, or having under the
custody or control of the individual a firearm; or
``(B) having a firearm removed or requiring the
surrender of a firearm from a named individual.
``(3) Firearm.--The term `firearm' has the meaning given
the term in section 921 of title 18, United States Code.
``(b) Authority.--
``(1) In general.--The Attorney General shall award grants
to States, local governments, and Tribal Governments for the
purpose of providing legal representation and resources to
covered petitioners.
``(2) Use of funds.--A State, local government, or Tribal
Government that receives a grant under paragraph (1) may use
amounts from the grant to--
``(A) ensure covered petitioners have access to
counsel and interpretation and translation services;
``(B) establish legal resources centers--
``(i) for publishing and distributing
information and responding to inquiries
relating to the extreme risk protection order
legal process of the applicable State or Tribal
Government; and
``(ii) that focus on expanding resources in
multiple languages other than English;
``(C) hire personnel to--
``(i) process and represent covered
petitioners, such as personnel in local
district attorney offices and law enforcement
agencies; or
``(ii) serve as legal resource
coordinators;
``(D) award subgrants to nonprofit organizations
that provide community legal aid; and
``(E) train legal service providers, law
enforcement officers, prosecutors, court personnel, and
other individuals on the differences between an extreme
risk protection order and a domestic violence
protection order to ensure that victims of domestic
violence seek the form of protection order that best
addresses their safety needs.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2028 through 2034.''.
SEC. 3. JURISDICTION OF FEDERAL COURTS.
(a) Definition.--In this section, the term ``covered petitioner''
has the meaning given the term in section 509(a) of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by section 2 of this
Act.
(b) No Jurisdiction.--No Federal court may exercise jurisdiction
over a Federal, State, Tribal, or local cause of action in response to
a covered petitioner filing a petition for an extreme risk protection
order if the covered petitioner did not file a false or intentionally
harassing petition.
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