[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1155 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1155

        To reform Federal firearms laws, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2021

 Mr. Kaine (for himself and Mr. Warner) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To reform Federal firearms laws, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Virginia Plan to 
Reduce Gun Violence Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                         TITLE I--FIREARM SALES

Sec. 101. Firearms transfers.
Sec. 102. Handgun sales.
                TITLE II--EXTREME RISK PROTECTION ORDERS

Sec. 201. Definitions.
Sec. 202. Extreme risk protection grant program.
Sec. 203. National extreme risk protection order law.
Sec. 204. Federal firearms prohibition.
Sec. 205. Full faith and credit.
                 TITLE III--FIREARM SAFETY REQUIREMENTS

Sec. 301. Reporting lost or stolen firearms.
Sec. 302. Access to firearms by minors.
Sec. 303. Prohibiting persons convicted of misdemeanor crimes against 
                            dating partners and persons subject to 
                            protection orders.
Sec. 304. Prohibiting stalkers and individuals subject to court order 
                            from possessing a firearm.

                         TITLE I--FIREARM SALES

SEC. 101. FIREARMS TRANSFERS.

    (a) Offense.--Section 922 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(aa)(1)(A) It shall be unlawful for any person who is not a 
licensed importer, licensed manufacturer, or licensed dealer to 
transfer a firearm to any other person who is not so licensed, unless a 
licensed importer, licensed manufacturer, or licensed dealer has first 
taken possession of the firearm for the purpose of complying with 
subsection (t).
    ``(B) Upon taking possession of a firearm under subparagraph (A), a 
licensee shall comply with all requirements of this chapter as if the 
licensee were transferring the firearm from the inventory of the 
licensee to the unlicensed transferee.
    ``(C) If a transfer of a firearm described in subparagraph (A) will 
not be completed for any reason after a licensee takes possession of 
the firearm (including because the transfer of the firearm to, or 
receipt of the firearm by, the transferee would violate this chapter), 
the return of the firearm to the transferor by the licensee shall not 
constitute the transfer of a firearm for purposes of this chapter.
    ``(2) Paragraph (1) shall not apply to--
            ``(A) a law enforcement agency or any law enforcement 
        officer, armed private security professional, or member of the 
        armed forces, to the extent the officer, professional, or 
        member is acting within the course and scope of employment and 
        official duties;
            ``(B) a transfer that is a loan or bona fide gift between 
        spouses, between domestic partners, between parents and their 
        children, including step-parents and their step-children, 
        between siblings, between aunts or uncles and their nieces or 
        nephews, or between grandparents and their grandchildren;
            ``(C) a transfer to an executor, administrator, trustee, or 
        personal representative of an estate or a trust that occurs by 
        operation of law upon the death of another person;
            ``(D) a temporary transfer that is necessary to prevent 
        imminent death or great bodily harm, if the possession by the 
        transferee lasts only as long as immediately necessary to 
        prevent the imminent death or great bodily harm, including the 
        harm of domestic violence, dating partner violence, sexual 
        assault, stalking, and domestic abuse;
            ``(E) a transfer that is approved by the Attorney General 
        under section 5812 of the Internal Revenue Code of 1986; or
            ``(F) a temporary transfer if the transferor has no reason 
        to believe that the transferee will use or intends to use the 
        firearm in a crime or is prohibited from possessing firearms 
        under State or Federal law, and the transfer takes place and 
        the transferee's possession of the firearm is exclusively--
                    ``(i) at a shooting range or in a shooting gallery 
                or other area designated for the purpose of target 
                shooting;
                    ``(ii) while reasonably necessary for the purposes 
                of hunting, trapping, or fishing, if the transferor--
                            ``(I) has no reason to believe that the 
                        transferee intends to use the firearm in a 
                        place where it is illegal; and
                            ``(II) has reason to believe that the 
                        transferee will comply with all licensing and 
                        permit requirements for such hunting, trapping, 
                        or fishing; or
                    ``(iii) while in the presence of the transferor.
    ``(3)(A) Notwithstanding any other provision of this chapter, the 
Attorney General may implement this subsection with regulations.
    ``(B) Regulations promulgated under this paragraph may not include 
any provision requiring licensees to facilitate transfers in accordance 
with paragraph (1).
    ``(C) Regulations promulgated under this paragraph may not include 
any provision requiring persons not licensed under this chapter to keep 
records of background checks or firearms transfers.
    ``(D) Regulations promulgated under this paragraph may not include 
any provision placing a cap on the fee licensees may charge to 
facilitate transfers in accordance with paragraph (1).
    ``(4) It shall be unlawful for a licensed importer, licensed 
manufacturer, or licensed dealer to transfer possession of, or title 
to, a firearm to another person who is not so licensed unless the 
importer, manufacturer, or dealer has provided such other person with a 
notice of the prohibition under paragraph (1), and such other person 
has certified that such other person has been provided with this notice 
on a form prescribed by the Attorney General.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the date of enactment of this Act.

SEC. 102. HANDGUN SALES.

    (a) Limitation on Multiple Handgun Purchases.--Section 922 of title 
18, United States Code, as amended by section 101, is amended by adding 
at the end the following:
    ``(bb)(1) Except as provided in paragraph (2), it shall be unlawful 
for any person who is not a licensed importer, licensed manufacturer, 
or licensed dealer to purchase more than 1 handgun in a 30-day period.
    ``(2) Paragraph (1) shall not apply to--
            ``(A) an individual with a certificate issued by a law 
        enforcement agency of the State in which the individual resides 
        certifying the individual has passed an enhanced background 
        check;
            ``(B) a law enforcement agency or law enforcement officer 
        or member of the armed forces, to the extent the officer, 
        professional, or member is acting within the course and scope 
        of employment and official duties;
            ``(C) a State or local correctional facility;
            ``(D) a private security company licensed by the State or 
        unit of local government in which the company operates; or
            ``(E) the purchase of a handgun that is--
                    ``(i) an antique firearm; or
                    ``(ii) listed as a curio or relic by the Attorney 
                General pursuant to section 921(a)(13) by a licensed 
                collector.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the date of enactment of this Act.

                TITLE II--EXTREME RISK PROTECTION ORDERS

SEC. 201. DEFINITIONS.

    In this title:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or Indian Tribe--
                            (i) that enacts legislation described in 
                        section 203;
                            (ii) with respect to which the Attorney 
                        General determines that the legislation 
                        described in clause (i) complies with the 
                        requirements of section 203; and
                            (iii) that certifies to the Attorney 
                        General that the State or Indian Tribe shall--
                                    (I) use a grant under section 202 
                                for the purposes described in section 
                                202(b); and
                                    (II) allocate not less than 25 
                                percent of the amount received under 
                                the grant for training for law 
                                enforcement officers; or
                    (B) a unit of local government or other public or 
                private entity that--
                            (i) is located in a State or in the 
                        territory under the jurisdiction of an Indian 
                        Tribe that meets the requirements described in 
                        clauses (i) and (ii) of subparagraph (A); and
                            (ii) certifies to the Attorney General that 
                        the unit of local government or entity shall--
                                    (I) use a grant under section 202 
                                for the purposes described in section 
                                202(b); and
                                    (II) allocate not less than 25 
                                percent of the amount received under 
                                the grant for training for law 
                                enforcement officers.
            (2) Extreme risk protection order.--The term ``extreme risk 
        protection order'' means a written order or warrant, issued by 
        a State or Tribal court or signed by a magistrate (or other 
        comparable judicial officer), the primary purpose of which is 
        to reduce the risk of firearm-related death or injury by doing 
        1 or more of the following:
                    (A) Prohibiting a named individual from having 
                under the custody or control of the individual, owning, 
                purchasing, possessing, or receiving a firearm.
                    (B) Having a firearm removed or requiring the 
                surrender of firearms from a named individual.
            (3) Firearm.--The term ``firearm'' has the meaning given 
        the term in section 921 of title 18, United States Code.
            (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 1709 of the 
        Public Safety and Community Policing Act of 1994 (34 U.S.C. 
        10389).
            (5) Law enforcement officer.--The term ``law enforcement 
        officer'' means a public servant authorized by State, local, or 
        Tribal law or by a State, local, or Tribal government agency 
        to--
                    (A) engage in or supervise the prevention, 
                detection, investigation, or prosecution of an offense; 
                or
                    (B) supervise sentenced criminal offenders.
            (6) Petitioner.--The term ``petitioner'' means an 
        individual authorized under State or Tribal law to petition for 
        an extreme risk protection order.
            (7) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United 
                States.
            (8) Unit of local government.--The term ``unit of local 
        government'' has the meaning given the term in section 901 of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (34 U.S.C. 10251).

SEC. 202. EXTREME RISK PROTECTION GRANT PROGRAM.

    (a) In General.--The Director of the Office of Community Oriented 
Policing Services of the Department of Justice shall establish a 
program under which, from amounts made available to carry out this 
section, the Director may make grants to eligible entities to assist in 
carrying out the provisions of the legislation described in section 
203.
    (b) Use of Funds.--Funds awarded under this section may be used by 
an applicant to--
            (1) enhance the capacity of law enforcement agencies and 
        the courts of a State, unit of local government, or Indian 
        Tribe by providing personnel, training, technical assistance, 
        data collection, and other resources to carry out legislation 
        described in section 203;
            (2) train judges, court personnel, and law enforcement 
        officers to more accurately identify individuals whose access 
        to firearms poses a danger of causing harm to themselves or 
        others by increasing the risk of firearms suicide or 
        interpersonal violence;
            (3) develop and implement law enforcement and court 
        protocols, forms, and orders so that law enforcement agencies 
        and the courts may carry out the provisions of the legislation 
        described in section 203 in a safe and effective manner, 
        including through the removal and storage of firearms pursuant 
        to extreme risk protection orders under the legislation; and
            (4) raise public awareness and understanding of the 
        legislation described in section 203 so that extreme risk 
        protection orders may be issued in appropriate situations to 
        reduce the risk of firearms-related death and injury.
    (c) Application.--An eligible entity desiring a grant under this 
section shall submit to the Attorney General an application at such 
time, in such manner, and containing or accompanied by such information 
as the Attorney General may reasonably require.
    (d) Incentives.--For each of fiscal years 2021 through 2025, the 
Attorney General shall give affirmative preference in awarding any 
discretionary grant awarded by the Bureau of Justice Assistance to a 
State or Indian Tribe that has enacted legislation described in section 
203.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 203. NATIONAL EXTREME RISK PROTECTION ORDER LAW.

    (a) Requirements.--Legislation described in this section is 
legislation that establishes requirements that are substantially 
similar to the following:
            (1) Application for extreme risk protection order.--A 
        petitioner, including a law enforcement officer, may submit an 
        application to a State or Tribal court, on a form designed by 
        the court or a State or Tribal agency, that--
                    (A) describes the facts and circumstances 
                justifying that an extreme risk protection order be 
                issued against the named individual; and
                    (B) is signed by the applicant, under oath.
            (2) Notice.--The individual named in an application for an 
        extreme risk protection order as described in paragraph (1) 
        shall be given--
                    (A) written notice of the application;
                    (B) an opportunity to be heard on the matter in 
                accordance with this section; and
                    (C) an opportunity to voluntarily surrender any 
                firearm in the possession of the individual.
            (3) Issuance of extreme risk protection orders.--
                    (A) Hearing.--
                            (i) In general.--Upon receipt of an 
                        application described in paragraph (1), or 
                        request of an individual named in such 
                        application, the court shall order a hearing to 
                        be held not later than 30 days after the date 
                        of such application or request.
                            (ii) Determination.--After a hearing 
                        described in clause (i), if the court finds by 
                        a preponderance of the evidence that the 
                        respondent poses a danger of causing harm to 
                        himself or herself or to another individual by 
                        having access to a firearm, the court may issue 
                        an extreme risk protection order.
                    (B) Length of extreme risk protection order.--An 
                extreme risk protection order shall be in effect 
                until--
                            (i) an order is entered terminating or 
                        superseding the extreme risk protection order; 
                        or
                            (ii) the date, if any, specified in the 
                        extreme risk protection order.
                    (C) Return of firearms.--After a hearing conducted 
                under this paragraph, if the Court finds that the 
                respondent does not pose a substantial risk of personal 
                injury to himself or herself or to another individual 
                by having access to a firearm, the court shall order 
                that each firearm surrendered, transferred, or removed 
                under paragraph (5) shall be returned to the 
                respondent.
            (4) Ex parte extreme risk protection orders.--
                    (A) In general.--Upon receipt of an application 
                described in paragraph (1), the court may issue an ex 
                parte extreme risk protection order before conducting 
                the hearing required under paragraph (3), if--
                            (i) the application for an extreme risk 
                        protection order alleges that the respondent 
                        poses a danger of causing harm to himself, 
                        herself, or others in the near future by having 
                        access to a firearm; and
                            (ii) the court finds there is reasonable 
                        cause to believe that the respondent poses a 
                        danger of causing harm to himself, herself, or 
                        others in the near future by having access to a 
                        firearm.
                    (B) Length of ex parte extreme risk protection 
                order.--An ex parte extreme risk protection order shall 
                be in effect for a period not to exceed 30 days, unless 
                continued for good cause.
            (5) Surrender and removal of firearms.--
                    (A) In general.--Upon receipt of notice under 
                paragraph (1), the individual who is the subject of an 
                extreme risk protection order application shall 
                surrender to a law enforcement agency, or transfer to a 
                third party, all firearms in the possession of the 
                individual.
                    (B) Removal.--If an individual described in 
                subparagraph (A) does not surrender or transfer all 
                firearms in the possession of the individual, the 
                firearms shall be removed by a law enforcement officer 
                with appropriate jurisdiction.
            (6) Storage of removed firearms.--All firearms removed by, 
        or surrendered to, a law enforcement officer under paragraph 
        (5) shall be retained by the law enforcement officer or 
        appropriate law enforcement agency until the named individual 
        regains his or her eligibility to possess firearms, except that 
        the legislation may authorize a law enforcement agency to--
                    (A) contract with a manufacturer, dealer, or 
                importer licensed under chapter 44 of title 18, United 
                States Code, for the secure storage of firearms; and
                    (B) transfer the firearm upon proof that the named 
                individual will no longer have access to the firearm.
            (7) Notification.--
                    (A) In general.--A State or tribal court that 
                issues an extreme risk protection order shall notify 
                the Department of Justice or the comparable State or 
                Tribal agency, as applicable, of the order as soon as 
                practicable. Such notice shall be submitted in an 
                electronic format, in a manner prescribed by the 
                Department of Justice or the comparable State or Tribal 
                agency.
                    (B) Update of databases.--As soon as practicable 
                after receiving a notification under subparagraph (A), 
                the Department of Justice or the comparable State or 
                Tribal agency shall ensure the extreme risk protection 
                order is reflected in the National Instant Criminal 
                Background Check System.
            (8) Confidentiality protections.--All personally 
        identifiable information provided to the court, the Department 
        of Justice, and comparable State or Tribal agencies shall be 
        kept confidential, as required by the laws of the jurisdiction, 
        except as necessary to carry out the legislation.
    (b) Additional Authorities.--Legislation described in this section 
may--
            (1) provide procedures for the termination of an extreme 
        risk protection order;
            (2) provide procedures for the renewal of an extreme risk 
        protection order;
            (3) establish burdens of proof for issuance of orders 
        described in paragraphs (3) and (4) of subsection (a) that are 
        higher than the burdens of proof required under those 
        paragraphs;
            (4) limit the individuals who may submit an application 
        described in subsection (a)(1), provided that, at a minimum, 
        law enforcement officers are authorized to do so; and
            (5) include other authorizations or requirements that the 
        State or Indian Tribe determines appropriate.

SEC. 204. FEDERAL FIREARMS PROHIBITION.

    (a) In General.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (8)(B)(ii), by striking ``or'' at 
                the end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) is subject to a court order that prohibits such 
        person from having under his or her custody or control, owning, 
        purchasing, possessing, or receiving any firearms, or requires 
        the surrender or removal of firearms from the person, provided 
        that the order--
                    ``(A) is issued in a manner consistent with the due 
                process rights of the person; and
                    ``(B) is based on a finding that the person poses a 
                danger of causing harm to himself, herself, or others 
                by having access to a firearm.''; and
            (2) in subsection (g)--
                    (A) in paragraph (8)(C)(ii), by striking ``or'' at 
                the end;
                    (B) in paragraph (9), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) is subject to a court order that prohibits such 
        person from having under his or her custody or control, owning, 
        purchasing, possessing, or receiving any firearms, or requires 
        the surrender or removal of firearms from the person, provided 
        that the order--
                    ``(A) is issued in a manner consistent with the due 
                process rights of the person; and
                    ``(B) is based on a finding that the person poses a 
                danger of causing harm to himself, herself, or others 
                by having access to a firearm,''.
    (b) Conforming Amendment.--Section 3(1) of the NICS Improvement 
Amendments Act of 2007 (34 U.S.C. 40903(1)) is amended by striking 
``section 922(g)(8)'' and inserting ``paragraph (8) or (10) of section 
922(g)''.

SEC. 205. FULL FAITH AND CREDIT.

    Any extreme risk protection order issued under a State or Tribal 
law enacted in accordance with this title shall be accorded the same 
full faith and credit by the court of another State or Indian Tribe 
(the enforcing State or Indian Tribe) and enforced by the court and law 
enforcement personnel of the other State or Tribal government as if it 
were the order of the enforcing State or Tribe.

                 TITLE III--FIREARM SAFETY REQUIREMENTS

SEC. 301. REPORTING LOST OR STOLEN FIREARMS.

    (a) Offense.--
            (1) In general.--Section 922 of title 18, United States 
        Code, as amended by section 102, is amended by adding at the 
        end the following:
    ``(cc)(1) It shall be unlawful for a person to fail to provide 
notice to an appropriate State or local law enforcement agency of a 
firearm of the individual, other than an antique firearm, that was lost 
or stolen within 48 hours after the person discovers the loss or theft 
or is informed by another person with knowledge of the loss or theft.
    ``(2) Except as provided in paragraph (3), a person who, in good 
faith, reports the loss or theft of a firearm under this subsection 
shall not be liable for any acts or omissions that result from the 
theft or loss of the firearm.
    ``(3) Paragraph (2) shall not apply to any person who--
            ``(A) knowingly reports false loss or theft under this 
        subsection; or
            ``(B) stored the firearm in a reckless or negligent manner 
        under this subsection.''.
            (2) Penalty.--Section 924 of title 18, United States Code, 
        is amended--
                    (A) in subsection (a)(1), by striking ``or (p)'' 
                and inserting ``(p), or (q)''; and
                    (B) by adding at the end the following:
    ``(q) A person who violates section 922(cc) shall be subject to a 
civil penalty of not more than $250.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 180 days after the date of enactment of this Act.
    (c) Reporting.--
            (1) In general.--Each State and local law enforcement 
        agency shall report to the National Crime Information Center 
        any lost or stolen firearm that is reported to the agency under 
        section 922(cc) of title 18, United States Code, as amended by 
        subsection (a).
            (2) Use of funds requirements.--Section 502(a) of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
        U.S.C. 10153(a)) is amended by adding at the end the following:
            ``(7) An assurance that, for each fiscal year covered by an 
        application, the applicant will use not less than 5 percent of 
        the total amount of the grant award for the fiscal year to 
        study and implement effective management and collection of data 
        relating to lost or stolen firearms reported to the a law 
        enforcement agency of the applicant under section 922(cc) of 
        title 18, United States Code, unless the applicant has ensured, 
        and the Attorney General has certified, that the applicant and 
        each local law enforcement agency of the applicant is in 
        substantial compliance with the reporting requirement in 
        section 301(c)(1) of the Virginia Plan to Reduce Gun Violence 
        Act of 2021.''.

SEC. 302. ACCESS TO FIREARMS BY MINORS.

    (a) Offense.--Section 922(z) of title 18, United States Code, is 
amended by adding at the end the following:
            ``(4) Minors.--
                    ``(A) In general.--It shall be unlawful for a 
                person to recklessly leave a loaded and unsecured 
                firearm, which has moved in, or that has otherwise 
                affected, interstate or foreign commerce, in such a 
                manner as to endanger the life or limb of any other 
                person who is under the age of 14.
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                to a person if the person--
                            ``(i) keeps the firearm--
                                    ``(I) secure using a secure gun 
                                storage or safety device; or
                                    ``(II) in a location which a 
                                reasonable person would believe to be 
                                secure; or
                            ``(ii) carries the firearm on his or her 
                        person or within such close proximity thereto 
                        that the person can readily retrieve and use 
                        the firearm as if the person carried the 
                        firearm on his or her person.''.
    (b) Penalty.--Section 924 of title 18, United States Code, as 
amended by section 301, is amended--
            (1) in subsection (a)(1), by striking ``or (q)'' and 
        inserting ``(q), or (r)''; and
            (2) by adding at the end the following:
    ``(r) A person who violates section 922(z)(4) shall be imprisoned 
for not more than 1 year, fined not more than $2,500, or both.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the date of enactment of this Act.

SEC. 303. PROHIBITING PERSONS CONVICTED OF MISDEMEANOR CRIMES AGAINST 
              DATING PARTNERS AND PERSONS SUBJECT TO PROTECTION ORDERS.

    Section 921(a) of title 18, United States Code, is amended--
            (1) in paragraph (32), by striking all that follows after 
        ``The term `intimate partner''' and inserting the following: 
        ``--
                    ``(A) means, with respect to a person, the spouse 
                of the person, a former spouse of the person, an 
                individual who is a parent of a child of the person, 
                and an individual who cohabitates or has cohabited with 
                the person; and
                    ``(B) includes--
                            ``(i) a dating partner or former dating 
                        partner (as defined in section 2266); and
                            ``(ii) any other person similarly situated 
                        to a spouse who is protected by the domestic or 
                        family violence laws of the State or tribal 
                        jurisdiction in which the injury occurred or 
                        where the victim resides.'';
            (2) in paragraph (33)(A)--
                    (A) in clause (i), by inserting after ``Federal, 
                State,'' the following: ``municipal,''; and
                    (B) in clause (ii), by inserting ``dating partner 
                (as defined in section 2266),'' after ``spouse,'' each 
                place it appears;
            (3) by redesignating paragraphs (34) and (35) as paragraphs 
        (35) and (36) respectively; and
            (4) by inserting after paragraph (33) the following:
            ``(34)(A) The term `misdemeanor crime of stalking' means an 
        offense that--
                            ``(i) is a misdemeanor crime of stalking 
                        under Federal, State, Tribal, or municipal law; 
                        and
                            ``(ii) is a course of harassment, 
                        intimidation, or surveillance of another person 
                        that--
                                    ``(I) places that person in 
                                reasonable fear of material harm to the 
                                health or safety of--
                                            ``(aa) that person;
                                            ``(bb) an immediate family 
                                        member (as defined in section 
                                        115) of that person;
                                            ``(cc) a household member 
                                        of that person; or
                                            ``(dd) a spouse or intimate 
                                        partner of that person; or
                                    ``(II) causes, attempts to cause, 
                                or would reasonably be expected to 
                                cause emotional distress to a person 
                                described in item (aa), (bb), (cc), or 
                                (dd) of subclause (I).
                    ``(B) 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--
                                    ``(I) the case was tried by a jury; 
                                or
                                    ``(II) the person knowingly and 
                                intelligently waived the right to have 
                                the case tried by a jury, by guilty 
                                plea or otherwise.
                    ``(C) 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. 304. PROHIBITING STALKERS AND INDIVIDUALS SUBJECT TO COURT ORDER 
              FROM POSSESSING A FIREARM.

    Section 922 of title 18, United States Code, as amended by section 
204 of this Act, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (8), by striking ``that restrains 
                such person'' and all that follows, and inserting 
                ``described in subsection (g)(8);'';
                    (B) in paragraph (9), by striking ``or'' at the 
                end;
                    (C) in paragraph (10), by striking the period at 
                the end and inserting ``; or''; and
                    (D) by inserting after paragraph (10) the 
                following:
            ``(11) who has been convicted in any court of a misdemeanor 
        crime of stalking.''; and
            (2) in subsection (g)--
                    (A) by amending paragraph (8) to read as follows:
            ``(8) who is subject to a court order--
                    ``(A) that was issued--
                            ``(i) 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, 
                        relative 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 due 
                                process rights of the person;
                    ``(B) that restrains such person from--
                            ``(i) harassing, stalking, or threatening 
                        an intimate partner of such person or child of 
                        such intimate partner or person, or engaging in 
                        other conduct that would place an intimate 
                        partner in reasonable fear of bodily injury to 
                        the partner or child; or
                            ``(ii) intimidating or dissuading a witness 
                        from testifying in court; and
                    ``(C) that--
                            ``(i) includes a finding that such person 
                        represents a credible threat to the physical 
                        safety of such individual described in 
                        subparagraph (B); or
                            ``(ii) by its terms explicitly prohibits 
                        the use, attempted use, or threatened use of 
                        physical force against such individual 
                        described in subparagraph (B) that would 
                        reasonably be expected to cause bodily 
                        injury;'';
                    (B) in paragraph (9), by striking ``or'' at the 
                end;
                    (C) in paragraph (10), by striking the comma at the 
                end and inserting ``; or''; and
                    (D) by inserting after paragraph (10) the 
                following:
            ``(11) who has been convicted in any court of a misdemeanor 
        crime of stalking,''.
                                 <all>