[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3455 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3455

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 1996

Mr. Torricelli (for himself, Mrs. Lowey, and Mr. Foglietta) introduced 
    the following bill; which was 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.
                                 <all>