H.R. 7599: Federal Extreme Risk Protection Order Act of 2026
Sponsor
Lucy McBath
Democrat · GA-6
Bill Progress
Latest Action · Feb 17, 2026
Referred to the House Committee on the Judiciary.
Why it matters
The bill would create a national court process to temporarily block gun access for people judged to be an imminent danger to themselves or others, as gun violence and suicide remain major policy flashpoints.
H.R. 7599 would create a new federal extreme risk protection order system, often called a red-flag law. It would allow family or household members and law enforcement officers to ask a federal district court to temporarily bar someone from buying, possessing, or receiving firearms or ammunition if that person appears to pose an imminent risk of hurting themselves or someone else. The bill is aimed at prevention, especially in fast-moving crisis situations.
The measure sets up two tracks. First, a judge could issue an emergency ex parte order without the respondent present, but only after receiving a sworn affidavit and finding probable cause that the person poses an imminent danger and that the order is necessary. That emergency order would last up to 14 days. Second, the court would hold a prompt hearing on whether to issue a longer-term order, generally within days, with notice and an opportunity for the respondent to be heard.
The bill also tries to lower barriers for people seeking help. It says courts and law enforcement agencies cannot charge filing or service fees tied to these orders. It also lets law enforcement petitioners keep source identities under seal in court, which could matter in cases where witnesses fear retaliation. The text provided also defines who counts as a family or household member broadly, including dating partners, people with a child in common, recent co-residents, domestic partners, grandparents, and legal guardians.
Supporters are likely to argue that the bill fills gaps between state laws and creates a federal option in urgent cases, especially where guns move across state lines or where no strong state process exists. Critics are likely to raise due process and Second Amendment concerns, especially around emergency orders issued before a full hearing. Based on the text provided, the bill clearly creates the federal court framework, but the excerpt is incomplete, so some enforcement, duration, and implementation details may appear later in the full bill text.
What does H.R. 7599 do?
Creates a federal red-flag order system
The bill adds a new process in federal law allowing district courts to issue extreme risk protection orders that block a person from buying, possessing, or receiving firearms or ammunition.
Lets family members and police file petitions
A family or household member, or a law enforcement officer, could ask a federal court to issue either an emergency order or a longer-term order.
Allows emergency orders in urgent cases
A judge could issue a short-term order without first hearing from the respondent if there is probable cause to believe the person poses an imminent risk of injury and immediate action is needed.
Requires quick hearings for longer orders
If a longer-term order is requested, the court must hold a prompt hearing and give the respondent notice and a chance to respond, helping protect due process rights.
Broadly defines eligible family and household members
The bill includes parents, spouses, siblings, children, dating partners, domestic partners, co-parents, recent housemates, grandparents, stepparents, stepchildren, and legal guardians.
Bans fees for using the process
Courts and law enforcement agencies could not charge filing, service, subpoena, or related fees tied to seeking or enforcing these orders.
Who benefits from H.R. 7599?
Families worried about a loved one in crisis
They would get a federal court option to try to temporarily remove access to guns when they believe someone is at immediate risk of self-harm or violence.
Law enforcement officers
They would gain a clearer federal legal tool to act quickly in high-risk situations and could protect confidential sources by filing identifying details under seal.
People at risk of suicide or interpersonal violence
They could benefit indirectly if temporary gun restrictions help create time for a crisis to pass or for intervention to occur.
Communities in states with weaker red-flag laws
They may benefit from a nationwide federal process where state systems are limited, inconsistent, or unavailable.
Who is affected by H.R. 7599?
Individuals named in petitions
They could temporarily lose the right to buy, possess, or receive firearms or ammunition if a federal judge finds they pose an imminent danger.
Federal district courts
They would have to handle emergency filings, hold quick hearings, and manage a new category of gun-related protective order cases.
U.S. Marshals and designated law enforcement officers
They would likely play a role in receiving surrendered firearms, ammunition, and permits under the new order system.
Gun sellers and background-check systems
They would be affected if these orders are entered into systems that block prohibited gun sales during the order period.
H.R. 7599 Common Questions
How long can a federal red flag order last under HR 7599?
Under the Federal Extreme Risk Protection Order Act of 2026, an emergency ex parte order can last up to 14 days, and a longer order can last no more than 180 days (Section 2).
How quickly would a judge have to act on a federal red flag petition?
According to H.R. 7599 Section 2, a judge must grant or deny an ex parte petition the same day it is submitted, or by the next judicial day if filed late.
Can police or family file a federal red flag petition for free?
Yes. Under the Federal Extreme Risk Protection Order Act of 2026 (Section 2), courts and law enforcement agencies cannot charge filing, issuing, serving, subpoena, or reporting fees tied to these orders.
What is the penalty for filing a false federal red flag petition?
According to H.R. 7599 Section 2, a false or frivolous petition can bring a fine of up to $5,000, up to 5 years in prison, or both.
How soon would someone get a hearing after a federal ex parte red flag order is served?
Under the Federal Extreme Risk Protection Order Act of 2026 (Section 2), the hearing must be held within 72 hours after service of an ex parte order.
Can someone get a lawyer if they cannot afford one in a federal red flag case?
Yes. Under H.R. 7599 Section 2, the respondent may have counsel of choice, and the court must ensure representation for someone financially unable to obtain it.
Which family members can ask for a federal extreme risk protection order?
Under the Federal Extreme Risk Protection Order Act of 2026 (Section 2), eligible petitioners include spouses, parents, siblings, children, dating partners, co-parents, recent housemates, domestic partners, grandparents, stepparents, stepchildren, and legal guardians.
Does HR 7599 require immediate surrender of guns after a red flag order is served?
Yes. According to H.R. 7599 Section 2, firearms, ammunition, and permits must be surrendered immediately upon service, or within 48 hours if personal service or custody is not possible then.
Can state red flag orders block someone from having guns under HR 7599?
Yes. Under H.R. 7599 Section 3, people subject to either a Federal or State extreme risk protection order would be prohibited from possessing or receiving firearms or ammunition.
Would states have to honor red flag orders issued by other states or tribes?
Yes. Under the Federal Extreme Risk Protection Order Act of 2026 (Section 6), qualifying State and Tribal extreme risk protection orders must be recognized and enforced by other States and Indian Tribes.
Based on H.R. 7599 bill text
HR7599 Legislative Journey
House: Committee Action
Feb 17, 2026
Referred to the House Committee on the Judiciary.
About the Sponsor
Lucy McBath
Democrat, Georgia's 7th congressional district · 7 years in Congress
Committees: Education and Workforce, the Judiciary
View full profile →
Cosponsors (105)
All 105 cosponsors are Democrats. Cosponsors represent 31 states: Alabama, Arizona, California, and 28 more.
Jared Moskowitz
Democrat · FL
Salud Carbajal
Democrat · CA
Terri Sewell
Democrat · AL
Yassamin Ansari
Democrat · AZ
Greg Stanton
Democrat · AZ
Mike Thompson
Democrat · CA
Doris Matsui
Democrat · CA
John Garamendi
Democrat · CA
Mark DeSaulnier
Democrat · CA
Lateefah Simon
Democrat · CA
Eric Swalwell
Democrat · CA
Kevin Mullin
Democrat · CA
Cosponsor Coverage Map
Committee Sponsors
Judiciary Committee
11 of 44 committee members cosponsored
8 Democrats across this committee haven't cosponsored yet. Mobilize their constituents
What laws does H.R. 7599 change?
1 changes
Sections Amended
Section 3(1) of NICS Improvement Amendments Act of 2007 (34 U.S.C. 40903(1))
striking ``section 922(g)(8)'' and inserting ``paragraph (8) or (10) of section 922(g)''
H.R. 7599 Quick Facts
- Committee
- Judiciary
- Chamber
- House
- Policy
- Crime and Law Enforcement
- Introduced
- Feb 17, 2026
Referred to the House Committee on the Judiciary.
Feb 17, 2026
H.R. 7599 Bill Text
“To authorize the issuance of extreme risk protection orders.”
Source: U.S. Government Publishing Office
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