Protecting Domestic Violence and Stalking Victims Act
Amends federal firearms provisions to expand the definition of: (1) "intimate partner" to include a dating partner or former dating partner; and (2) "misdemeanor crime of domestic violence" to include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon by a dating partner or former dating partner against the victim.
Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person who: (1) is subject to a court order, or an ex parte order, that restrains such person from harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student, or from intimidating or dissuading a witness from testifying in court; or (2) has been convicted in any court of a misdemeanor crime of stalking under federal, state, territorial, or tribal law or of a crime that involves conduct that would be proscribed by prohibitions against stalking if committed within the special maritime and territorial jurisdiction of the United States.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2216 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2216
To amend title 18, United States Code, to protect more victims of
domestic violence by preventing their abusers from possessing or
receiving firearms, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 1, 2015
Mrs. Capps (for herself, Mr. Brendan F. Boyle of Pennsylvania, Mr.
Cicilline, Ms. Clark of Massachusetts, Ms. Esty, Mr. Farr, Mr.
Grijalva, Mr. Hastings, Mr. Himes, Ms. Kelly of Illinois, Mr. Larsen of
Washington, Mr. Ted Lieu of California, Mrs. Carolyn B. Maloney of New
York, Ms. McCollum, Ms. Moore, Mrs. Napolitano, Ms. Schakowsky, Ms.
Slaughter, and Mr. Takano) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to protect more victims of
domestic violence by preventing their abusers from possessing or
receiving firearms, 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.
This Act may be cited as the ``Protecting Domestic Violence and
Stalking Victims Act''.
SEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF
DOMESTIC VIOLENCE'' EXPANDED.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (32)--
(A) by striking ``and an individual'' and inserting
``an individual''; and
(B) by inserting ``, or a dating partner (as
defined in section 2266) or former dating partner''
before the period at the end; and
(2) in paragraph (33)(A)(ii)--
(A) by striking ``or by'' and inserting ``by''; and
(B) by inserting ``, or by a dating partner (as
defined in section 2266) or former dating partner of
the victim'' before the period at the end.
SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO COURT ORDER.
Section 922(d)(8) of title 18, United States Code, is amended to
read as follows:
``(8) is subject to a court order described in subsection
(g)(8); or''.
SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER
PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM
EXPANDED.
Section 922(g)(8) of title 18, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``that'';
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A)(i) that was issued 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, relating
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 person's right to due process;
``(B) that restrains such person from--
``(i) harassing, stalking, threatening, or
engaging in other conduct that would put an
individual in reasonable fear of bodily injury
to such individual, including an order that was
issued at the request of an employer on behalf
of its employee or at the request of an
institution of higher education on behalf of
its student; or
``(ii) intimidating or dissuading a witness
from testifying in court; and''; and
(3) in subparagraph (C)--
(A) by striking ``intimate partner or child'' each
place it appears and inserting ``individual described
in subparagraph (B)'';
(B) in clause (i), by inserting ``that'' before
``includes''; and
(C) in clause (ii), by inserting ``that'' before
``by its''.
SEC. 5. STALKING PROHIBITIONS.
(a) Sales or Other Dispositions of Firearms or Ammunition.--Section
922(d) of title 18, United States Code, as amended by section 3 of this
Act, is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of--
``(A) a misdemeanor crime of stalking under
Federal, State, territorial, or tribal law; or
``(B) a crime that involves conduct which would be
prohibited by section 2261A if committed within the
special maritime and territorial jurisdiction of the
United States.''.
(b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of
such title, as amended by section 4 of this Act, is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of--
``(A) a misdemeanor crime of stalking under
Federal, State, territorial, or tribal law; or
``(B) a crime that involves conduct which would be
prohibited by section 2261A if committed within the
special maritime and territorial jurisdiction of the
United States,''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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