[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2732 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2732
To amend title 18, United States Code, to prohibit the sale or other
disposition of any firearm or ammunition to any person who has been
convicted of a violent misdemeanor, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 6, 2023
Mrs. Gillibrand introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit the sale or other
disposition of any firearm or ammunition to any person who has been
convicted of a violent misdemeanor, 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 referred to as the ``End Gun Violence Act of
2023''.
SEC. 2. PROHIBITION ON SALE OR OTHER DISPOSITION OF A FIREARM OR
AMMUNITION TO A PERSON CONVICTED OF A VIOLENT
MISDEMEANOR.
Section 922(d) of title 18, United States Code, is amended--
(1) in paragraph (10), by striking ``or'' at the end;
(2) by redesignating paragraph (11) as paragraph (12);
(3) by inserting after paragraph (10) the following:
``(11) has been convicted in any court of a violent
misdemeanor within the preceding 5 years; or''; and
(4) in paragraph (12), as so redesignated, by striking
``(10)'' and inserting ``(11)''.
SEC. 3. DEFINITION OF VIOLENT MISDEMEANOR.
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following:
``(38)(A) The term `violent misdemeanor' means an offense that--
``(i) is a misdemeanor under Federal, State, Tribal, or
local law; and
``(ii) has as an element--
``(I) the use, attempted use, or threatened use
of--
``(aa) physical force; or
``(bb) a deadly weapon;
``(II) the intent to cause physical injury; or
``(III) knowingly causing physical injury.
``(B)(i) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter, unless--
``(I) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the
case; and
``(II) in the case of a prosecution for an offense
described in this paragraph for which a person was entitled to
a jury trial in the jurisdiction in which the case was tried,
either--
``(aa) the case was tried by a jury; or
``(bb) the person knowingly and intelligently
waived the right to have the case tried by a jury, by
guilty plea or otherwise.
``(ii) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter if the conviction has been
expunged or set aside, or is an offense for which the person has been
pardoned or has had civil rights restored (if the law of the applicable
jurisdiction provides for the loss of civil rights under such an
offense) unless the pardon, expungement, or restoration of civil rights
expressly provides that the person may not ship, transport, possess, or
receive firearms.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Title 18.--Title 18, United States Code, is amended--
(1) in section 922(t)--
(A) in paragraphs (1)(B)(ii), by striking
``receipt'' and all that follows through ``subsection
(g)'' and inserting ``knowing sale or disposition of a
firearm by the licensee to such other person, or the
receipt of a firearm by such other person would violate
subsection (d), (g),'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``receipt'' and all that
follows through ``subsection (d)'' and inserting
``knowing sale or disposition of a firearm by the
licensee to such other person, or the receipt of a
firearm by such other person would not violate
subsection (d)'';
(C) in paragraph (4)--
(i) by striking ``receipt'' and all that
follows through ``subsection (d)'' and
inserting ``knowing sale or disposition of a
firearm by the licensee to such other person,
or the receipt of a firearm by such other
person would violate subsection (d)''; and
(ii) by inserting a comma after ``State'';
and
(D) in paragraph (5), by striking ``receipt'' and
all that follows through ``subsection (d)'' and
inserting ``knowing sale or disposition of a firearm by
the licensee to such other person, or the receipt of a
firearm by such other person would violate subsection
(d)'';
(2) in section 923(d)(1)(B), by striking ``section 922(g)
and (n) of this chapter'' and inserting ``subsection (g) or (n)
of section 922, and is not a person to whom the knowing sale or
disposition of a firearm or ammunition is prohibited under
section 922(d)''; and
(3) in section 925A(2), by inserting ``and to whom the
knowing sale or disposition of a firearm was not prohibited
pursuant to subsection (d) of such section'' after ``section
922''.
(b) Brady Handgun Violence Prevention Act.--Section 103 of the
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended--
(1) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``for whom''
and all that follows through ``subsection (g)'' and
inserting ``to whom the knowing sale or disposition of
a firearm, or for whom receipt of a firearm, would
violate subsection (d), (g),'';
(B) in subparagraph (F)(iii)(I), by striking
``(g)'' and inserting ``(d), (g),''; and
(C) in subparagraph (G)(i), by striking ``(g)'' and
inserting ``(d), (g),'';
(2) in subsection (g), in the first sentence, by striking
``receipt of a firearm by a prospective transferee would
violate subsection (g)'' and inserting ``the knowing sale or
disposition of a firearm to, or the possession or receipt of a
firearm by, a prospective transferee would violate subsection
(d), (g),''; and
(3) in subsection (i)(2), by striking ``, prohibited by
section 922 (g) or (n) of title 18, United States Code or State
law, from receiving a firearm.'' and inserting ``to whom the
knowing sale or disposition of, or for whom the possession or
receipt of, a firearm is prohibited by subsection (d), (g), or
(n) of section 922 of title 18, United States Code, or State
law.''.
(c) NICS Improvement Amendments Act of 2007.--The NICS Improvement
Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended--
(1) in section 101(b) (34 U.S.C. 40911(b))--
(A) in paragraph (1)(A), by striking ``a person is
disqualified from possessing or receiving a firearm
under subsection (g)'' and inserting ``the knowing sale
or disposition of a firearm to, or the possession or
receipt of a firearm by, a person is prohibited under
subsection (d), (g),''; and
(B) in paragraph (2)(A), by striking ``a member of
the Armed Forces involved in such proceeding is
disqualified from possessing or receiving a firearm
under subsection (g)'' and inserting ``the knowing sale
or disposition of a firearm to, or the possession or
receipt of a firearm by, a member of the Armed Forces
is prohibited under subsection (d), (g),''; and
(2) in section 102 (34 U.S.C. 40912)--
(A) in subsection (b)(3)--
(i) by inserting ``, or to whom the knowing
sale or disposition of a firearm is
prohibited,'' after ``firearm''; and
(ii) by striking ``subsection (g)'' and
inserting ``subsection (d), (g),''; and
(B) in subsection (c)(1)(A), by inserting ``, or is
a person to whom the knowing sale or disposition of a
firearm is prohibited by subsection (d) of such
section'' before the period.
SEC. 5. APPLICABILITY.
This Act, and the amendments made by this Act, shall not apply with
respect to any conviction that occurs before the date that is 180 days
after the date of enactment of this Act.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act shall--
(1) alter the requirements under subsections (d)(8) or
(g)(8) of section 922 of title 18, United States Code; or
(2) have a limiting effect on State, local, or Tribal law.
<all>