[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1914 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1914

To ban guns for persons who have been convicted of stalking or who are 
     subject to a court order restraining the person from stalking.


_______________________________________________________________________


                    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.

    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 ``Preventing Victims of Stalking Act 
of 2013''.

SEC. 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.
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