H.R. 7599: Federal Extreme Risk Protection Order Act of 2026

H.R. 7599 would let a federal judge order someone to give up their guns if a court finds they are a danger to themselves or others. It creates what most people call a red-flag law — formally, an extreme risk protection order — at the federal level, where none exists today. A family or household member, or a law enforcement officer, can file the petition.

There are two tracks. The fast one is an emergency order: the judge has to rule the same day the petition is filed, or first thing the next court day, and can grant it without the named person present if a sworn affidavit shows probable cause that they pose an imminent risk. That emergency order lasts up to 14 days, and the person must surrender firearms, ammunition, and gun permits to the U.S. Marshals Service.

The second track is a longer order. The court must hold a hearing — within 72 hours if an emergency order was already issued, otherwise within 14 days — where the person gets notice, a chance to respond, and a lawyer, including a court-appointed one if they cannot afford it. To grant a longer order, the petitioner has to prove by clear and convincing evidence that the risk is real. That order lasts up to 180 days and can be renewed.

The bill builds in guardrails. Knowingly filing a false or frivolous petition can bring a fine up to $5,000, up to five years in prison, or both. Judges must weigh specific factors, including recent threats or acts of violence toward others or oneself, cruelty to animals, and substance abuse tied to violence. There are no court or filing fees for either side. A separate grant program would pay states and tribes to run their own red-flag systems, and the bill does not override or preempt existing state laws.

Supporters say a federal option fills gaps where state systems are weak or nonexistent and where guns cross state lines. Critics raise due process and Second Amendment objections, especially to emergency orders issued before the person has been heard. The bill answers some of that with the 72-hour hearing, the higher evidence standard for longer orders, and the right to counsel, but the core dispute over removing guns on a temporary court finding is exactly where the political fight sits.