Preventing Victims of Stalking Act of 2013 - Amends the Brady Handgun Violence Prevention Act to prohibit the sale or other disposition of a firearm or ammunition to any person knowing or having reasonable cause to believe that such person: (1) is subject to a court order that restrains the person from harassing, stalking, or threatening any individual (currently, an intimate partner of such person or child of such partner or person), or engaging in other conduct that would place any individual in reasonable fear of bodily injury; or (2) has been convicted in any court of stalking. Prohibits any such person from shipping or transporting any firearm or ammunition in interstate commerce, possessing any firearm or ammunition in or affecting commerce, or receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1914 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1914
To ban guns for persons who have been convicted of stalking or who are
subject to a court order restraining the person from stalking.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2013
Ms. Hahn introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To ban guns for persons who have been convicted of stalking or who are
subject to a court order restraining the person from stalking.
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 ``Preventing Victims of Stalking Act
of 2013''.
SEC. 2. PROHIBITIONS.
(a) Sales or Other Dispositions of Firearms or Ammunition.--Section
922(d) of title 18, United States Code, is amended in the 1st sentence,
by striking paragraphs (8) and (9) and inserting the following:
``(8) is subject to a court order that restrains the person
from harassing, stalking, or threatening an individual or
engaging in other conduct that would place an individual in
reasonable fear of bodily injury, except that this paragraph
shall only apply to a court order that--
``(A) was issued after a hearing of which the
person received actual notice, and at which the person
had the opportunity to participate; and
``(B)(i) includes a finding that the person
represents a credible threat to the physical safety of
the individual; or
``(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against the individual that would reasonably be
expected to cause bodily injury; or
``(9) has been convicted in any court of a misdemeanor
crime of domestic violence or of stalking (as defined under
State law).''.
(b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of
such title is amended by striking paragraphs (8) and (9) and inserting
the following::
``(8) who is subject to a court order that--
``(A) was issued after a hearing of which the
person received actual notice, and at which the person
had an opportunity to participate;
``(B) restrains the person from harassing,
stalking, or threatening an individual or engaging in
other conduct that would place an individual in
reasonable fear of bodily injury; and
``(C)(i) includes a finding that the person
represents a credible threat to the physical safety of
the individual; or
``(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against the individual that would reasonably be
expected to cause bodily injury; or
``(9) who has been convicted in any court of a misdemeanor
crime of domestic violence or of stalking (as defined under
State law),''.
(c) Effective Date.--The amendments made by this section shall
apply to conduct engaged after the 90-day period that begins with the
date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E634)
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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