[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2153 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2153

 To amend chapter 44 of title 18, United States Code, to increase the 
  extent to which State law is used in determining whether a criminal 
conviction under State law is sufficient to deny a person the right to 
            ship, transport, possess, or receive a firearm.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2009

  Mr. Stupak introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 44 of title 18, United States Code, to increase the 
  extent to which State law is used in determining whether a criminal 
conviction under State law is sufficient to deny a person the right to 
            ship, transport, possess, or receive a firearm.

    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 ``Second Amendment Restoration Act''.

SEC. 2. LIMITED RESTORATION OF FIREARMS RIGHTS UNDER STATE LAW.

    (a) In General.--Section 921(a)(20) of title 18, United States 
Code, is amended to read as follows:
    ``(20) The term ``crime punishable by imprisonment for a term 
exceeding one year'' does not include--
            ``(A) any Federal or State offenses pertaining to antitrust 
        violations, unfair trade practices, restraints of trade, or 
        other similar offenses relating to the regulation of business 
        practices; or
            ``(B) any State offense classified by the laws of the State 
        as a misdemeanor and punishable by a term of imprisonment of 2 
        years or less, or by an indeterminate sentence.
What constitutes a conviction of such a crime shall be determined in 
accordance with the law of the jurisdiction in which the proceedings 
were held. Any conviction which has been expunged or set aside, or for 
which a person has been pardoned, has had civil rights restored, or has 
not lost civil rights, shall not be considered a conviction for 
purposes of this chapter, except to the extent that the pardon, 
expungement, or restoration of civil rights, or State or Federal law, 
expressly provides that the person may not ship, transport, possess, or 
receive any firearm.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply to proceedings brought or pending before, on, or after the date 
of the enactment of this Act.
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