A bill to prohibit persons convicted of a crime involving domestic violence from owning or possessing firearms, and for other purposes.

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1632 Introduced in Senate (IS)]

104th CONGRESS
  2d Session
                                S. 1632

 To prohibit persons convicted of a crime involving domestic violence
      from owning or possessing firearms, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 21, 1996

Mr. Lautenberg introduced the following bill; which was read twice and
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 To prohibit persons convicted of a crime involving domestic violence
      from owning or possessing firearms, 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. DEFINITIONS.

    Section 921(a) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
            ``(33) The term `crime involving domestic violence' means a
        felony or misdemeanor crime of violence, regardless of length,
        term, or manner of punishment, committed by a current or former
        spouse, parent, or guardian of the victim, by a person with
        whom the victim shares a child in common, by a person who is
        cohabitating with or has cohabitated with the victim as a
        spouse, parent, or guardian, or by a person similarly situated
        to a spouse, parent, or guardian of the victim under the
        domestic or family violence laws of the jurisdiction in which
        such felony or misdemeanor was committed.''.

SEC. 2. UNLAWFUL ACTS.

    Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by striking ``or'' at the end of paragraph (7);
                    (B) by striking the period at the end of paragraph
                (8) and inserting ``; or''; and
                    (C) by inserting after paragraph (8) the following
                new paragraph:
            ``(9) is under indictment for, or has been convicted in any
        court of, any crime involving domestic violence.''; and
            (2) in subsection (g)--
                    (A) by striking ``or'' at the end of paragraph (7);
                    (B) in paragraph (8), by striking the comma and
                inserting ``; or''; and
                    (C) by inserting after paragraph (8) the following
                new paragraph:
            ``(9) who is under indictment for, or has been convicted in
        any court, of any crime involving domestic violence,''.

SEC. 3. RULES AND REGULATIONS.

    Section 926(a) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and
        inserting ``; and''; and
            (3) by inserting after paragraph (3) the following new
        paragraph:
            ``(4) regulations providing for the effective receipt and
        secure storage of firearms relinquished by or seized from
        persons described in subsection (d)(9) or (g)(9) of section
        922.''.

SEC. 4. RESTORATION OF CIVIL RIGHTS AFTER CONVICTION.

    Section 921(a)(20) of title 18, United States Code, is amended by
striking the period at the end and inserting the following: ``, or such
restoration of civil rights occurs following conviction of a crime of
domestic violence (as defined in section 921(a)(33)). A conviction of a
crime of domestic violence shall not be considered to be a conviction
for purposes of this chapter if the conviction is reversed or set aside
based on a determination that the conviction is invalid, or if the
person has been pardoned, unless the authority that grants the pardon
expressly states that the person may not ship, transport, possess, or
receive firearms.''.

SEC. 5. ADMINISTRATIVE RELIEF FROM CERTAIN FIREARM PROHIBITIONS.

    (a) In General.--Section 925(c) of title 18, United States Code, is
amended--
            (1) in the first undesignated sentence, by inserting
        ``(other than a person convicted of a crime of domestic
        violence as defined in section 921(a)(33))'' before ``who is
        prohibited''; and
            (2) in the fourth undesignated sentence--
                    (A) by inserting ``person (other than a person
                convicted of a crime of domestic violence as defined in
                section 921(a)(33)) who is a'' before ``licensed
                importer''; and
                    (B) by striking ``his'' and inserting ``the
                person's''.
    (b) Applicability.--The amendments made by subsection (a) shall
apply to--
            (1) applications for administrative relief and actions for
        judicial review that are pending on the date of enactment of
        this Act; and
            (2) applications for administrative relief filed, and
        actions for judicial review brought, after the date of
        enactment of this Act.
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