117 HR 5878 IH: End Gun Violence Act of 2021
U.S. House of Representatives
2021-11-04
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I
117th CONGRESS
1st Session
H. R. 5878
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.
1.

Short title
This Act may be referred to as the “End Gun Violence Act of 2021”.
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.”.
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.”.
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.
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.
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.