Protecting Individual Liberties and States' Rights Act

Protecting Individual Liberties and States' Rights Act - Amends the federal criminal code to modify the definition of a "crime punishable by imprisonment for a term exceeding one year" for purposes of firearms prohibitions to specifically exclude any offense pertaining to marijuana that occurs in a state if the conduct constituting the offense is lawful under the law of the state.

Provides that the prohibition against knowingly selling or otherwise disposing of a firearm or ammunition to any person who is an unlawful user of or addicted to a controlled substance, and the prohibition against such a person transporting, possessing, or receiving a firearm or ammunition in interstate or foreign commerce, shall not apply with respect to a sale or other disposition to, or the transportation, possession, or receipt by, a person if: (1) the controlled substance is marijuana, (2) the possession of marijuana is lawful under the law of the state, and (3) the person is a resident of the state.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3483 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3483

 To amend title 18, United States Code, to provide exceptions from the 
 firearm prohibitions otherwise applicable in relation to marijuana if 
               its possession is lawful under State law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2013

  Mr. Polis introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to provide exceptions from the 
 firearm prohibitions otherwise applicable in relation to marijuana if 
               its possession is lawful under State law.

    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 ``Protecting Individual Liberties and 
States' Rights Act''.

SEC. 2. EXCEPTIONS FROM FIREARM PROHIBITIONS OTHERWISE APPLICABLE IN 
              RELATION TO MARIJUANA IF ITS POSSESSION IS LAWFUL UNDER 
              STATE LAW.

    (a) Prohibitions Applicable to Felons and Persons Subject to a 
Felony Indictment.--Section 921(a)(20) of title 18, United States Code, 
is amended in the 1st sentence--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``, or''; and
            (3) by adding at the end the following:
                    ``(C) any offense pertaining to marijuana that 
                occurs in a State if the conduct constituting the 
                offense is lawful under the law of the State.''.
    (b) Prohibitions Applicable to Unlawful Users of, or Persons 
Addicted to, a Controlled Substance.--
            (1) Sale or other disposition.--Section 922(d) of such 
        title is amended by adding at the end the following: 
        ``Paragraph (3) of the 1st sentence of this subsection shall 
        not apply with respect to a sale or other disposition to a 
        person who is in a State if the controlled substance involved 
        is marijuana, the possession of marijuana is lawful under the 
        law of the State, and the person is a resident of the State.''.
            (2) Receipt, etc.--Section 922(g) of such title is amended 
        by adding at the end the following: ``Paragraph (3) of the 
        preceding sentence shall not apply with respect to conduct of a 
        person in a State if the controlled substance involved is 
        marijuana, the possession of marijuana is lawful under the law 
        of the State, and the person is a resident of the State.''.
    (c) Marijuana Defined.--Section 921(a) of such title is amended by 
adding at the end the following:
    ``(36) The term `marijuana' has the meaning given the term 
`marihuana' in section 102(16) of the Controlled Substances Act.''.
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