[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1316 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1316

   To establish and clarify that Congress does not authorize persons 
   convicted of dangerous crimes in foreign courts to freely possess 
                     firearms in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2007

 Mrs. Feinstein (for herself, Mr. Durbin, and Mr. Kennedy) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To establish and clarify that Congress does not authorize persons 
   convicted of dangerous crimes in foreign courts to freely possess 
                     firearms in the United States.

    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 cited as the ``Firearms by Foreign Convicts 
Clarification Act of 2007''.

SEC. 2. DEFINITIONS.

    (a) Courts.--Section 921(a) of title 18, United States Code, is 
amended by adding at the end the following:
            ``(36) The term `any court' includes any Federal, State, or 
        foreign court.''.
    (b) Exclusion of Certain Felonies.--Section 921(a)(20) of title 18, 
United States Code, is amended--
            (1) in subparagraph (A), by striking ``any Federal or State 
        offenses'' and inserting ``any Federal, State, or foreign 
        offenses'';
            (2) in subparagraph (B), by striking ``any State offense 
        classified by the laws of the State'' and inserting ``any State 
        or foreign offense classified by the laws of that 
        jurisdiction''; and
            (3) in the matter following subparagraph (B), in the first 
        sentence, by inserting before the period the following: ``, 
        except that a foreign conviction shall not constitute a 
        conviction of such a crime if the convicted person establishes 
        that the foreign conviction resulted from a denial of 
        fundamental fairness that would violate due process if 
        committed in the United States or from conduct that would be 
        legal if committed in the United States''.
    (c) Domestic Violence Crimes.--Section 921(a)(33) of title 18, 
United States Code, is amended--
            (1) in subparagraph (A), by striking ``subparagraph (C)'' 
        and inserting ``subparagraph (B)''; and
            (2) in subparagraph (B)(ii), by striking ``if the 
        conviction has'' and inserting the following: ``if the 
        conviction--
                            ``(I) occurred in a foreign jurisdiction 
                        and the convicted person establishes that the 
                        foreign conviction resulted from a denial of 
                        fundamental fairness that would violate due 
                        process if committed in the United States or 
                        from conduct that would be legal if committed 
                        in the United States; or
                            ``(II) has''.

SEC. 3. PENALTIES.

    Section 924(e)(2)(A)(ii) of title 18, United States Code, is 
amended--
            (1) by striking ``an offense under State law'' and 
        inserting ``an offense under State or foreign law''; and
            (2) by inserting before the semicolon the following: ``, 
        except that a foreign conviction shall not constitute a 
        conviction of such a crime if the convicted person establishes 
        that the foreign conviction resulted from a denial of 
        fundamental fairness that would violate due process if 
        committed in the United States or from conduct that would be 
        legal if committed in the United States''.
                                 <all>