113 HR 1914 IH: Preventing Victims of Stalking Act of 2013 U.S. House of Representatives 2013-05-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 1914 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Ms. Hahn introduced the following bill; which was referred to the Committee on the Judiciary A BILL To ban guns for persons who have been convicted of stalking or who are subject to a court order restraining the person from stalking.

1.

Short title

This Act may be cited as the Preventing Victims of Stalking Act of 2013.

2.

Prohibitions

(a)

Sales or other dispositions of firearms or ammunition

Section 922(d) of title 18, United States Code, is amended in the 1st sentence, by striking paragraphs (8) and (9) and inserting the following: (8)is subject to a court order that restrains the person from harassing, stalking, or threatening an individual or engaging in other conduct that would place an individual in reasonable fear of bodily injury, except that this paragraph shall only apply to a court order that— (A)was issued after a hearing of which the person received actual notice, and at which the person had the opportunity to participate; and (B)(i)includes a finding that the person represents a credible threat to the physical safety of the individual; or (ii)by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the individual that would reasonably be expected to cause bodily injury; or (9)has been convicted in any court of a misdemeanor crime of domestic violence or of stalking (as defined under State law). . (b)

Possession, etc., of firearms or ammunition

Section 922(g) of such title is amended by striking paragraphs (8) and (9) and inserting the following:: (8)who is subject to a court order that— (A)was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; (B)restrains the person from harassing, stalking, or threatening an individual or engaging in other conduct that would place an individual in reasonable fear of bodily injury; and (C)(i)includes a finding that the person represents a credible threat to the physical safety of the individual; or (ii)by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the individual that would reasonably be expected to cause bodily injury; or (9)who has been convicted in any court of a misdemeanor crime of domestic violence or of stalking (as defined under State law), . (c)

Effective date

The amendments made by this section shall apply to conduct engaged after the 90-day period that begins with the date of the enactment of this Act.