[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5878 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5878

 To amend title 18, United States Code, to prohibit the sale or other 
  disposition of any firearm or ammunition to any person who has been 
      convicted of a violent misdemeanor, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2021

 Mr. Neguse (for himself, Mr. Auchincloss, Ms. Kelly of Illinois, Mrs. 
  McBath, Mr. Correa, Mr. Raskin, Mr. Deutch, Mr. Lieu, and Mr. Crow) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to prohibit the sale or other 
  disposition of any firearm or ammunition to any person who has been 
      convicted of a violent misdemeanor, 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 referred to as the ``End Gun Violence Act of 
2021''.

SEC. 2. PROHIBITION ON SALE OR OTHER DISPOSITION OF A FIREARM OR 
              AMMUNITION TO A PERSON CONVICTED OF A VIOLENT 
              MISDEMEANOR.

    Section 922(d) of title 18, United States Code, is amended--
            (1) in paragraph (8)(B)(ii), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period and inserting 
        ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of a violent 
        misdemeanor within the preceding 5 years.''.

SEC. 3. DEFINITION OF VIOLENT MISDEMEANOR.

    Section 921 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(36)(A) The term `violent misdemeanor' means an offense that--
            ``(i) is a misdemeanor under Federal, State, tribal, or 
        local law; and
            ``(ii) has as an element--
                    ``(I) the use, attempted use, or threatened use 
                of--
                            ``(aa) physical force; or
                            ``(bb) a deadly weapon;
                    ``(II) the intent to cause physical injury; or
                    ``(III) knowingly causing physical injury.
    ``(B)(i) A person shall not be considered to have been convicted of 
such an offense for purposes of this chapter, unless--
            ``(I) the person was represented by counsel in the case, or 
        knowingly and intelligently waived the right to counsel in the 
        case; and
            ``(II) in the case of a prosecution for an offense 
        described in this paragraph for which a person was entitled to 
        a jury trial in the jurisdiction in which the case was tried, 
        either--
                    ``(aa) the case was tried by a jury, or
                    ``(bb) the person knowingly and intelligently 
                waived the right to have the case tried by a jury, by 
                guilty plea or otherwise.
    ``(ii) A person shall not be considered to have been convicted of 
such an offense for purposes of this chapter if the conviction has been 
expunged or set aside, or is an offense for which the person has been 
pardoned or has had civil rights restored (if the law of the applicable 
jurisdiction provides for the loss of civil rights under such an 
offense) unless the pardon, expungement, or restoration of civil rights 
expressly provides that the person may not ship, transport, possess, or 
receive firearms.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Paragraphs (1)(B)(ii), (2), (4), and (5) of section 922(t) of 
title 18, United States Code, are each amended by striking ``receipt'' 
and all that follows through ``subsection (g)'' and inserting ``knowing 
sale or disposition of a firearm by the licensee to such other person, 
or the receipt of a firearm by such other person would violate 
subsection (d), (g),''.
    (b) Section 923(d)(1)(B) of such title is amended by striking 
``section 922(g) and (n) of this chapter'' and inserting ``subsection 
(g) or (n) of section 922, and is not a person to whom the knowing sale 
or disposition of a firearm or ammunition is prohibited by section 
922(d)''.
    (c) Section 925A of such title is amended in paragraph (2), by 
inserting ``and to whom the knowing sale or disposition of a firearm 
was not prohibited pursuant to subsection (d) of such section'' after 
``section 922''.
    (d) Section 103 of the Brady Handgun Violence Prevention Act (34 
U.S.C. 40901) is amended--
            (1) in subsection (e)(1)--
                    (A) in subparagraph (A), by striking ``for whom'' 
                and all that follows through ``subsection (g)'' and 
                inserting ``to whom the knowing sale or disposition of 
                a firearm, or for whom receipt of a firearm, would 
                violate subsection (d), (g),''; and
                    (B) in each of subparagraphs (F)(iii)(I) and 
                (G)(i), by striking ``(g)'' and inserting ``(d), 
                (g),'';
            (2) in subsection (g), by striking ``receipt of a firearm 
        by a prospective transferee would violate subsection (g)'' and 
        inserting ``the knowing sale or disposition of a firearm to, or 
        the possession or receipt of a firearm by, a prospective 
        transferee would violate subsection (d), (g),''; and
            (3) in subsection (i)(2), by striking ``prohibited by 
        section 922 (g) or (n) of title 18, United States Code or State 
        law, from receiving a firearm.'' and inserting ``to whom the 
        knowing sale or disposition of, or for whom the possession or 
        receipt of, a firearm is prohibited by subsection (d), (g), or 
        (n) of section 922 of title 18, United States Code, or State 
        law.''.
    (e) Section 101(b) of the NICS Improvement Amendments Act of 2007 
(34 U.S.C. 40911(b)) is amended--
            (1) in paragraph (1)(A), by striking ``a person is 
        disqualified from possessing or receiving a firearm under 
        subsection (g)'' and inserting ``the knowing sale or 
        disposition of a firearm to, or the possession or receipt of a 
        firearm by, a person is prohibited under subsection (d), 
        (g),''; and
            (2) in paragraph (2)(A), by striking ``a member of the 
        Armed Forces involved in such proceeding is disqualified from 
        possessing or receiving a firearm under subsection (g)'' and 
        inserting ``the knowing sale or disposition of a firearm to, or 
        the possession or receipt of a firearm by, a member of the 
        Armed Forces is prohibited under subsection (d), (g),''.
    (f) Section 102 of the NICS Improvement Amendments Act of 2007 (34 
U.S.C. 40912) is amended--
            (1) in subsection (b)(3)--
                    (A) by inserting ``, or to whom the knowing sale or 
                disposition of a firearm is prohibited,'' after 
                ``firearm''; and
                    (B) by striking ``subsection (g)'' and inserting 
                ``subsection (d), (g),''; and
            (2) in subsection (c)(1)(A), by inserting ``, or is a 
        person to whom the knowing sale or disposition of a firearm is 
        prohibited by subsection (d) of such section'' before the 
        period.

SEC. 5. APPLICABILITY.

    The amendments made by this Act shall not apply with respect to 
convictions occurring before the date that is 6 months after the date 
of enactment of this Act.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act shall--
            (1) alter the requirements of subsections (d)(8) or (g)(8) 
        of section 922 of title 18, United States Code; or
            (2) have a limiting effect on State, tribal law.
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