[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 511 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 511
To amend title 18, United States Code, to protect more victims of
domestic violence by preventing their abusers from possessing or
receiving firearms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2019
Mr. Brown of Maryland (for himself, Mr. Beyer, Ms. Blunt Rochester, Ms.
Bonamici, Mr. Brendan F. Boyle of Pennsylvania, Ms. Brownley of
California, Mr. Carbajal, Mr. Cardenas, Ms. Clark of Massachusetts, Ms.
Clarke of New York, Mr. Cohen, Mr. Connolly, Mrs. Davis of California,
Mr. Espaillat, Mr. Foster, Ms. Haaland, Mrs. Hayes, Mr. Khanna, Mr.
Krishnamoorthi, Ms. Kuster of New Hampshire, Mr. Lawson of Florida, Ms.
Lofgren, Mr. Lynch, Mr. Sean Patrick Maloney of New York, Mrs. Carolyn
B. Maloney of New York, Ms. Matsui, Ms. McCollum, Mr. McNerney, Mr.
Meeks, Ms. Moore, Mr. Morelle, Mr. Moulton, Mrs. Napolitano, Ms.
Norton, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Peters, Mr. Price of
North Carolina, Mr. Quigley, Mr. Raskin, Ms. Roybal-Allard, Mr.
Ruppersberger, Mr. Sires, Mr. Suozzi, Mr. Swalwell of California, Ms.
Wasserman Schultz, Ms. Wilson of Florida, Mr. Yarmuth, Mr. Himes, and
Mr. Garcia of Illinois) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to protect more victims of
domestic violence by preventing their abusers from possessing or
receiving 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 ``Protecting Domestic Violence and
Stalking Victims Act''.
SEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF
DOMESTIC VIOLENCE'' EXPANDED.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (32)--
(A) by striking ``and an individual'' and inserting
``an individual''; and
(B) by inserting ``, or a dating partner (as
defined in section 2266)'' before the period at the
end; and
(2) in paragraph (33)(A)--
(A) by striking ``Except as provided in
subparagraph (C), the'' and inserting ``The'';
(B) in clause (i), by inserting ``municipal,''
after ``State,''; and
(C) in clause (ii)--
(i) by striking ``or by'' and inserting
``by''; and
(ii) by inserting ``, or by a dating
partner (as defined in section 2266) of the
victim'' before the period at the end.
SEC. 3. EXPANSION OF LIST OF PERSONS SUBJECT TO A RESTRAINING OR
SIMILAR ORDER TO WHOM A FIREARM IS PROHIBITED FROM BEING
SOLD OR DISPOSED.
Section 922(d)(8) of title 18, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``that'';
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A)(i) that was issued after a hearing of which
such person received actual notice, and at which such
person had an opportunity to participate; or
``(ii) in the case of an ex parte order, relating
to which notice and opportunity to be heard are
provided--
``(I) within the time required by State,
tribal, or territorial law; and
``(II) in any event within a reasonable
time after the order is issued, sufficient to
protect the person's right to due process;
``(B) that restrains such person from--
``(i) harassing, stalking, threatening, or
engaging in other conduct that would put an
individual in reasonable fear of bodily injury
to such individual, including an order that was
issued at the request of an employer on behalf
of its employee or at the request of an
institution of higher education on behalf of
its student; or
``(ii) intimidating or dissuading a witness
from testifying in court; and''; and
(3) in subparagraph (C)--
(A) by striking ``intimate partner or child'' each
place it appears and inserting ``individual described
in subparagraph (B)'';
(B) in clause (i), by inserting ``that'' before
``includes''; and
(C) in clause (ii), by inserting ``that'' before
``by its''.
SEC. 4. EXPANSION OF LIST OF PERSONS SUBJECT TO A RESTRAINING OR
SIMILAR ORDER PROHIBITED FROM POSSESSING OR RECEIVING A
FIREARM.
Section 922(g)(8) of title 18, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``that'';
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A)(i) that was issued after a hearing of which
such person received actual notice, and at which such
person had an opportunity to participate; or
``(ii) in the case of an ex parte order, relating
to which notice and opportunity to be heard are
provided--
``(I) within the time required by State,
tribal, or territorial law; and
``(II) in any event within a reasonable
time after the order is issued, sufficient to
protect the person's right to due process;
``(B) that restrains such person from--
``(i) harassing, stalking, threatening, or
engaging in other conduct that would put an
individual in reasonable fear of bodily injury
to such individual, including an order that was
issued at the request of an employer on behalf
of its employee or at the request of an
institution of higher education on behalf of
its student; or
``(ii) intimidating or dissuading a witness
from testifying in court; and''; and
(3) in subparagraph (C)--
(A) by striking ``intimate partner or child'' each
place it appears and inserting ``individual described
in subparagraph (B)'';
(B) in clause (i), by inserting ``that'' before
``includes''; and
(C) in clause (ii), by inserting ``that'' before
``by its''.
SEC. 5. STALKING PROHIBITIONS.
(a) Sales or Other Dispositions of Firearms or Ammunition.--Section
922(d) of title 18, United States Code, as amended by section 3 of this
Act, is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of--
``(A) a misdemeanor crime of stalking under
Federal, State, municipal, territorial, or tribal law;
or
``(B) a crime that involves conduct which would be
prohibited by section 2261A if committed within the
special maritime and territorial jurisdiction of the
United States.''.
(b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of
such title, as amended by section 4 of this Act, is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of--
``(A) a misdemeanor crime of stalking under
Federal, State, municipal, territorial, or tribal law;
or
``(B) a crime that involves conduct which would be
prohibited by section 2261A if committed within the
special maritime and territorial jurisdiction of the
United States,''.
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