Domestic Violence Criminal Disarmament Act of 2013

Summary: Domestic Violence Criminal Disarmament Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to reserve not more than 5% of Edward Byrne Memorial Justice Assistance Grant Program funds for one or more states that have demonstrated that such a state has adopted policies, procedures, protocols, laws or regulations pertaining to the possession or transfer of firearms or ammunition that:  impose restrictions and penalties substantially similar to or more comprehensive than those under federal criminal code provisions prohibiting the sale or other disposition of a firearm or ammunition to a person who has been convicted of domestic violence or who is subject to a protective order with respect to an intimate partner;  require state and local courts to: (1) consider whether such person possesses firearms that have been or are likely to be used to threaten, harass, menace, or harm the victim or the victim's child or may otherwise pose a danger to the victim; and (2) order the seizure or surrender of firearms and ammunition from such person;  are designed to ensure that state or local law enforcement execute the seizure or surrender of authorized firearms and ammunition when such person is reported to possess firearms that are obtained or possessed illegally;  provide for the seizure or surrender of authorized firearms and ammunition and the return of such firearms and ammunition in a manner that protects the safety of victims of such persons; and  give state and local law enforcement the authority, to the extent allowable under federal laws and the U.S. Constitution, to seize firearms or ammunition when responding to domestic violence situations where there is probable cause to believe such firearms and ammunition are contraband, illegally in the possession of the offender, have been or are likely to be used to threaten, harass, menace, or harm the victim, or may otherwise pose a danger to the victim. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Violence Criminal 
Disarmament Act of 2013''.

SEC. 2. GRANT PROGRAM REGARDING FIREARMS.

    Section 506(b) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3756(b)) is amended--
            (1) by striking ``1 or more States or units of local 
        government, for 1 or more of the purposes specified in section 
        501, pursuant to his determination that the same is 
        necessary'';
            (2) by inserting before paragraph (1) the following:
            ``(1) 1 or more States or units of local government, for 1 
        or more of the purposes specified in section 501, pursuant to 
        his determination that the same is necessary--'';
            (3) by redesignating paragraph (1) as subparagraph (A);
            (4) in paragraph (2)--
                    (A) by striking the period at the end and inserting 
                ``; or''; and
                    (B) by redesignating paragraph (2) as subparagraph 
                (B); and
            (5) by adding at the end the following:
            ``(2) 1 or more States, if that State has demonstrated, in 
        the determination of the Attorney General, that the State has 
        adopted policies, procedures, protocols, laws or regulations 
        pertaining to the possession or transfer of firearms or 
        ammunition that--
                    ``(A) impose restrictions and penalties 
                substantially similar to or more comprehensive than 
                those in paragraphs (8) and (9) of subsection (d) and 
                paragraphs (8) and (9) of subsection (g) of section 922 
                of title 18, United States Code;
                    ``(B) require that State and local courts--
                            ``(i) consider whether an individual being 
                        prosecuted for a crime for which the 
                        restrictions described in paragraph (1) apply 
                        possesses firearms that--
                                    ``(I) have been or are likely to be 
                                used to threaten, harass, menace, or 
                                harm the victim or the victim's child; 
                                or
                                    ``(II) may otherwise pose a danger 
                                to the victim and the victim's child;
                            ``(ii) consider whether an individual who 
                        is subject to any other protection order as 
                        defined by section 2266(s) of title 18, United 
                        States Code, or who is subject to any other 
                        protection order for which the restrictions 
                        described in paragraph (1) do not ordinarily 
                        apply possesses firearms that--
                                    ``(I) have been or are likely to be 
                                used to threaten, harass, menace, or 
                                harm the victim; or
                                    ``(II) may otherwise pose a danger 
                                to the victims; and
                            ``(iii) order the seizure or surrender of 
                        firearms and ammunition from individuals 
                        subject to the restrictions described in 
                        paragraph (1) or any of the findings specified 
                        in clause (i) or (ii) of subparagraph (A) or 
                        clause (i) or (ii) of subparagraph (B);
                    ``(C) are designed to ensure that State or local 
                law enforcement execute the seizure or surrender of 
                firearms and ammunition authorized in paragraph (2)(C) 
                when a person subject to a protection order or a person 
                being prosecuted for or convicted of a crime for which 
                the restrictions described in paragraph (1) apply is 
                reported to possess firearms and the firearms are 
                obtained or possessed illegally;
                    ``(D) provide for the seizure or surrender of 
                firearms and ammunition described in paragraph (2)(C) 
                and return of such firearms and ammunition in a manner 
                that protects the safety of persons victimized by 
                individuals who are subject to protection orders or 
                charged or convicted of a crime for which the 
                restrictions described in paragraph (1) apply; and
                    ``(E) give State and local law enforcement the 
                authority, to the extent allowable under Federal laws 
                and the United States Constitution, to seize firearms 
                or ammunition when responding to domestic violence 
                situations where there is probable cause to believe 
                such firearms and ammunition are contraband, illegally 
                in the possession of the offender, have been or are 
                likely to be used to threaten, harass, menace, or harm 
                the victim, or may otherwise pose a danger to the 
                victim.''.