[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1745 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1745

To amend title 18, United States Code, to provide that persons subject 
    to firearm restraining orders and persons convicted of violent 
  misdemeanors are prohibited from possessing firearms, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2019

  Mr. Thompson of California introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide that persons subject 
    to firearm restraining orders and persons convicted of violent 
  misdemeanors are prohibited from 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. SHORT TITLE.

    This Act may be cited as the ``Gun Violence Prevention Act of 
2019''.

SEC. 2. PERSONS SUBJECT TO FIREARM RESTRAINING ORDERS AND PERSONS 
              CONVICTED OF VIOLENT MISDEMEANORS PROHIBITED FROM 
              POSSESSING FIREARMS.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) is subject to a court order that--
                    ``(A) is temporary in nature, and may be renewed 
                for additional temporary periods;
                    ``(B) requires the removal of firearms from the 
                subject of the order, including requiring the subject 
                to surrender firearms in his or her control, ownership, 
                or possession to a law enforcement officer, a federally 
                licensed firearm dealer, or third party;
                    ``(C) includes a finding that the subject of the 
                order poses a risk of personal injury to such person or 
                other persons; and
                    ``(D) was initiated by a law enforcement officer, a 
                prosecutor, a current or former spouse, parent, or 
                guardian of the subject of the order, by a person with 
                whom the subject shares a child in common, by a person 
                who has cohabited with the subject as a spouse, parent, 
                or guardian, by a person similarly situated to a 
                spouse, parent, or guardian of the subject, or by a 
                person with whom the subject of the order cohabits; or
            ``(11) except as provided in paragraph (9), during the 
        previous 5-year period, has been convicted of a misdemeanor 
        crime of violence.'';
            (2) in subsection (g)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the comma at the 
                end and inserting a semicolon; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who is subject to a court order that--
                    ``(A) is temporary in nature, and may be renewed 
                for additional temporary periods;
                    ``(B) requires the removal of firearms from the 
                subject of the order, including requiring the subject 
                to surrender firearms in his or her control, ownership, 
                or possession to a law enforcement officer, a federally 
                licensed firearm dealer, or third party;
                    ``(C) includes a finding that the subject of the 
                order poses a risk of personal injury to such person or 
                other persons; and
                    ``(D) was initiated by a law enforcement officer, a 
                prosecutor, a current or former spouse, parent, or 
                guardian of the subject of the order, by a person with 
                whom the subject shares a child in common, by a person 
                who has cohabited with the subject as a spouse, parent, 
                or guardian, by a person similarly situated to a 
                spouse, parent, or guardian of the subject, or by a 
                person with whom the subject of the order cohabits; or
            ``(11) except as provided in paragraph (9), during the 
        previous 5-year period, has been convicted of a misdemeanor 
        crime of violence,''; and
            (3) in subsection (s)--
                    (A) in paragraph (1)(B), by striking ``member of 
                the household'' and inserting ``family or household 
                member''; and
                    (B) in paragraph (8)--
                            (i) by striking ``subsection'' and all that 
                        follows through ``such individual.'' and 
                        inserting ``subsection--''; and
                            (ii) by adding at the end the following:
            ``(A) the term `chief law enforcement officer' means the 
        chief of police, the sheriff, or an equivalent officer or the 
        designee of any such individual; and
            ``(B) the term `family or household member' means, with 
        respect to a transferee, any--
                    ``(i) parent, spouse, sibling, or child related by 
                blood, marriage, or adoption to the transferee;
                    ``(ii) dating partner of the transferee;
                    ``(iii) individual who has a child in common with 
                the transferee, regardless of whether the individual 
                has--
                            ``(I) been married to the transferee; or
                            ``(II) lived together with the transferee 
                        at any time;
                    ``(iv) individual who resides or has resided with 
                the transferee during the past year;
                    ``(v) domestic partner of the transferee;
                    ``(vi) individual who has a legal parent-child 
                relationship with the transferee, including a 
                stepparent-stepchild and grandparent-grandchild 
                relationship; and
                    ``(vii) individual who is acting or has acted as 
                the legal guardian of the transferee.''.
    (b) Misdemeanor Crime of Violence Defined.--Section 921(a) of title 
18, United States Code, is amended by adding at the end the following:
    ``(36) The term `misdemeanor crime of violence' means a crime of 
violence (as such term is defined in section 16(a)), which is a 
misdemeanor under Federal, State, or Tribal law.''.
    (c) Applicability.--The amendments made by this section shall apply 
with respect to court orders entered on or after the date of the 
enactment of this Act.

SEC. 3. INELIGIBILITY DUE TO DISQUALIFYING MENTAL STATUS.

    (a) Unlawful Acts Related to Firearms.--Section 922 of title 18, 
United States Code, is amended by striking ``adjudicated as a mental 
defective'' each place such term appears and inserting ``adjudicated as 
ineligible due to disqualifying mental status''.
    (b) Possession by Restricted Persons.--Section 175b(d)(2) of title 
18, United States Code, is amended by striking ``adjudicated as a 
mental defective'' and inserting ``adjudicated as ineligible due to 
disqualifying mental status''.
    (c) Unlawful Acts Related to Explosives.--Section 842 of title 18, 
United States Code, is amended--
            (1) in subsection (d)(6), by striking ``adjudicated a 
        mental defective'' and inserting ``adjudicated as ineligible 
        due to disqualifying mental status''; and
            (2) in subsection (i)(4), by striking ``adjudicated as a 
        mental defective'' and inserting ``adjudicated as ineligible 
        due to disqualifying mental status''.
    (d) NICS Improvement Amendments Act of 2007.--The NICS Improvement 
Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended--
            (1) by striking ``adjudicated as a mental defective'' each 
        place such term appears and inserting ``adjudicated as 
        ineligible due to disqualifying mental status'';
            (2) in section 101(c)(3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``adjudicate a person as a mental defective'' 
                and inserting ``adjudicate a person as ineligible due 
                to disqualifying mental status''; and
                    (B) in subparagraph (A), by striking ``adjudicate 
                the person as a mental defective'' and inserting 
                ``adjudicate the person as ineligible due to 
                disqualifying mental status''.
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