I 111th CONGRESS 1st Session H. R. 2153 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.

1.

Short title

This Act may be cited as the Second Amendment Restoration Act.

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.