[Congressional Record Volume 142, Number 40 (Thursday, March 21, 1996)]
[Senate]
[Pages S2646-S2647]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG:
  S. 1632. A bill to prohibit persons convicted of a crime involving 
domestic violence from owning or possessing firearms, and for other 
purposes; to the Committee on the Judiciary.


                          FIREARMS LEGISLATION

 Mr. LAUTENBERG. Mr. President, today I am introducing 
legislation that would prohibit individuals who have been convicted of 
a crime involving domestic violence from owning or possessing firearms.
  Under current Federal law, Mr. President, it is illegal for people 
convicted of felonies to possess firearms. Yet many people who engage 
in serious spousal or child abuse ultimately are not charged with or 
convicted of felonies. At the end of the day, maybe following a plea 
bargain, they are convicted of misdemeanors. And these people are still 
free under Federal law to possess firearms.
  This legislation will close this loophole, and will help keep guns 
out of the hands of people who have proven themselves to be violent and 
a threat to those closest to them. The legislation would add to the 
list of persons disqualified from owning or possessing a firearm 
individuals who have been convicted of any crime involving domestic 
violence, regardless of the length, term, or manner of punishment. This 
includes violent crimes committed by a spouse, former spouse, paramour, 
parent, guardian or similar individual.
  Mr. President, although there is a growing awareness about the 
problem of domestic violence, in many places, even today, these 
outrageous acts are not taken as seriously as other forms of brutal 
behavior. Yet each year an estimated 2 million women are victimized by 
domestic violence. That is 10 times the number of women who are 
diagnosed with breast cancer. Of those 2 million women, nearly 6,000 
die at the hands of men who at least at one time claimed to love them. 
About 70 percent of the time, those hands are holding a gun.
  Mr. President, much of the killing and maiming associated with 
domestic violence could not happen but for the presence of a firearm. 
The New England Journal of Medicine reports that in households with a 
history of battering, a gun in the home increases the likelihood that a 
woman will be murdered fivefold. Often, the only difference between a 
battered woman and a dead woman is the presence of a gun.
  Acts of domestic violence, by their nature, are especially dangerous 
and require special attention. These crimes involve people who have a 
history together, and who perhaps share a home or a child. These are 
not violent acts between strangers, and they do not arise from a chance 
meeting. Even after a split, the individuals involved often by 
necessity have a continuing relationship of some sort. The husbands, 
boyfriends, and former husbands who commit these crimes often have a 
record of violent and threatening behavior. And yet, frequently, these 
men are being permitted to possess firearms--with no legal 
restrictions.
  The statistics and data are clear. Domestic violence, no matter how 
it is labeled, leads to more domestic violence. And guns in the hand of 
convicted spouse abusers lead to death.
  To me, Mr. President, it is a simple proposition. Those guilty of 
acts of domestic violence should not be trusted to acquire or possess a 
gun. Period.

[[Page S2647]]

  Mr. President, this legislation would save the lives of many innocent 
Americans. But it also would send a message about our Nation's 
commitment to ending domestic violence, and about our determination to 
protect the millions of women and children who suffer from this abuse.
  I hope my colleagues will support the bill, and ask unanimous consent 
that a copy of the legislation be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1632

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DEFINITIONS.

       Section 921(a) of title 18, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(33) The term `crime involving domestic violence' means a 
     felony or misdemeanor crime of violence, regardless of 
     length, term, or manner of punishment, committed by a current 
     or former spouse, parent, or guardian of the victim, by a 
     person with whom the victim shares a child in common, by a 
     person who is cohabitating with or has cohabitated with the 
     victim as a spouse, parent, or guardian, or by a person 
     similarly situated to a spouse, parent, or guardian of the 
     victim under the domestic or family violence laws of the 
     jurisdiction in which such felony or misdemeanor was 
     committed.''.

     SEC. 2. UNLAWFUL ACTS.

       Section 922 of title 18, United States Code, is amended--
       (1) in subsection (d)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) by striking the period at the end of paragraph (8) and 
     inserting ``; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) is under indictment for, or has been convicted in any 
     court of, any crime involving domestic violence.''; and
       (2) in subsection (g)--
       (A) by striking ``or'' at the end of paragraph (7);
       (B) in paragraph (8), by striking the comma and inserting 
     ''; or''; and
       (C) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) who is under indictment for, or has been convicted in 
     any court, or any crime involving domestic violence,''.

     SEC. 3. RULES AND REGULATIONS.

       Section 926(a) of title 18, United States Code, is 
     amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) regulations providing for the effective receipt and 
     secure storage of firearms relinquished by or seized from 
     persons described in subsection (d)(9) or (g)(9) of section 
     922.''.

     SEC. 4. RESTORATION OF CIVIL RIGHTS AFTER CONVICTION.

       Section 921(a)(20) of title 18, United States Code, is 
     amended by striking the period at the end and inserting the 
     following: ``; or such restoration of civil rights occurs 
     following conviction of a crime of domestic violence (as 
     defined in section 921(a)(33)). A conviction of a crime of 
     domestic violence shall not be considered to be a conviction 
     for purposes of this chapter if the conviction is reversed or 
     set aside based on a determination that the conviction is 
     invalid, or if the person has been pardoned, unless the 
     authority that grants the pardon expressly states that the 
     person may not ship, transport, possess, or receive 
     firearms.''.

     SEC. 5. ADMINISTRATIVE RELIEF FROM CERTAIN FIREARM 
                   PROHIBITIONS.

       (a) In General.--Section 925(c) of title 18, United States 
     Code, is amended--
       (1) in the first undesignated sentence, by inserting 
     ``(other than a person convicted of a crime of domestic 
     violence as defined in section 921(a)(33))'' before ``who is 
     prohibited''; and
       (2) in the fourth undesignated sentence--
       (A) by inserting ``person (other than a person convicted of 
     a crime of domestic violence as defined in section 
     921(a)(33)) who is a'' before ``licensed importer''; and
       (B) by striking ``his'' and inserting ``the person's''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to--
       (1) application for administrative relief and actions for 
     judicial review that are pending on the date of enactment of 
     this Act; and
       (2) applications for administrative relief filed, and 
     actions for judicial review brought, after the date of 
     enactment of this Act.
                                 ______