I

104TH CONGRESS

2D SESSION H. R. 3455

To prohibit persons convicted of a crime involving domestic violence from

owning or possessing firearms, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 14, 1996

Mr. TORRICELLI (for himself, Mrs. LOWEY, and Mr. FOGLIETTA) introduced

the following bill; which was referred to the Committee on the Judiciary

A BILL

To prohibit persons convicted of a crime involving domestic

violence from owning or possessing firearms, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEFINITIONS.

4 Section 921(a) of title 18, United States Code, is

5 amended by adding at the end the following new para6 graph:

7 ‘‘(33) The term ‘crime involving domestic vio8 lence’ means a felony or misdemeanor crime of vio9 lence, regardless of length, term, or manner of pun10 ishment, committed by a current or former spouse,
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1 parent, or guardian of the victim, by a person with

2 whom the victim shares a child in common, by a per3 son who is cohabitating with or has cohabitated with

4 the victim as a spouse, parent, or guardian, or by

5 a person similarly situated to a spouse, parent, or

6 guardian of the victim under the domestic or family

7 violence laws of the jurisdiction in which such felony

8 or misdemeanor was committed.’’.

9 SEC. 2. UNLAWFUL ACTS.

10 Section 922 of title 18, United States Code, is

11 amended—

12 (1) in subsection (d)—

13 (A) by striking ‘‘or’’ at the end of para14 graph (7);

15 (B) by striking the period at the end of

16 paragraph (8) and inserting ‘‘; or’’; and

17 (C) by inserting after paragraph (8) the

18 following new paragraph:

19 ‘‘(9) is under indictment for, or has been con20 victed in any court of, any crime involving domestic

21 violence.’’; and

22 (2) in subsection (g)—

23 (A) by striking ‘‘or’’ at the end of para24 graph (7);
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1 (B) in paragraph (8), by striking the

2 comma and inserting ‘‘; or’’; and

3 (C) by inserting after paragraph (8) the

4 following new paragraph:

5 ‘‘(9) who is under indictment for, or has been

6 convicted in any court, of any crime involving do7 mestic violence,’’.

8 SEC. 3. RULES AND REGULATIONS.

9 Section 926(a) of title 18, United States Code, is

10 amended—

11 (1) by striking ‘‘and’’ at the end of paragraph

12 (2);

13 (2) by striking the period at the end of para14 graph (3) and inserting ‘‘; and’’; and

15 (3) by inserting after paragraph (3) the follow16 ing new paragraph:

17 ‘‘(4) regulations providing for the effective re18 ceipt and secure storage of firearms relinquished by

19 or seized from persons described in subsection (d)(9)

20 or (g)(9) of section 922.’’.

21 SEC. 4. RESTORATION OF CIVIL RIGHTS AFTER CONVIC22 TION.

23 Section 921(a)(20) of title 18, United States Code,

24 is amended by striking the period at the end and inserting

25 the following: ‘‘, or such restoration of civil rights occurs
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1 following conviction of a crime of domestic violence (as de2 fined in section 921(a)(33)). A conviction of a crime of

3 domestic violence shall not be considered to be a conviction

4 for purposes of this chapter if the conviction is reversed

5 or set aside based on a determination that the conviction

6 is invalid, or if the person has been pardoned, unless the

7 authority that grants the pardon expressly states that the

8 person may not ship, transport, possess, or receive fire9 arms.’’.

10 SEC. 5. ADMINISTRATIVE RELIEF FROM CERTAIN FIREARM

11 PROHIBITIONS.

12 (a) IN GENERAL.—Section 925(c) of title 18, United

13 States Code, is amended—

14 (1) in the first undesignated sentence, by in15 serting ‘‘(other than a person convicted of a crime

16 of domestic violence as defined in section

17 921(a)(33))’’ before ‘‘who is prohibited’’; and

18 (2) in the fourth undesignated sentence—

19 (A) by inserting ‘‘person (other than a per20 son convicted of a crime of domestic violence as

21 defined in section 921(a)(33)) who is a’’ before

22 ‘‘licensed importer’’; and

23 (B) by striking ‘‘his’’ and inserting ‘‘the

24 person’s’’.
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1 (b) APPLICABILITY.—The amendments made by sub2 section (a) shall apply to—

3 (1) applications for administrative relief and ac4 tions for judicial review that are pending on the date

5 of enactment of this Act; and

6 (2) applications for administrative relief filed,

7 and actions for judicial review brought, after the

8 date of enactment of this Act.

Æ