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104TH CONGRESS

1ST SESSION H. R. 2101

To amend title 18, United States Code, to permanently prohibit the possession

of firearms by persons who have been convicted of a violent felony,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 24, 1995

Mr. DURBIN (for himself, Mr. SCHUMER, Mr. MARKEY, and Mr. HOYER) introduced the following bill; which was referred to the Committee on the

Judiciary

A BILL

To amend title 18, United States Code, to permanently prohibit the possession of firearms by persons who have

been convicted of a violent felony, 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Stop Arming Felons

5 (SAFe) Act’’.

6 SEC. 2. ADMINISTRATIVE RELIEF FROM CERTAIN FIRE7 ARMS AND EXPLOSIVES PROHIBITIONS.

8 (a) IN GENERAL.—(1) Section 925(c) of title 18,

9 United States Code, is amended—
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1 (A) in the first sentence by inserting ‘‘(other

2 than a natural person)’’ before ‘‘who is prohibited’’;

3 (B) in the fourth sentence—

4 (i) by inserting ‘‘person (other than a nat5 ural person) who is a’’ before ‘‘licensed im6 porter’’; and

7 (ii) by striking ‘‘his’’ and inserting ‘‘the

8 person’s’’; and

9 (C) in the fifth sentence, by inserting ‘‘(i) the

10 name of the person, (ii) the disability with respect

11 to which the relief is granted, (iii) if the disability

12 was imposed by reason of a criminal conviction of

13 the person, the crime for which and the court in

14 which the person was convicted, and (iv)’’ before

15 ‘‘the reasons therefor’’.

16 (2) Section 845(b) of title 18, United States Code,

17 is amended—

18 (A) in the first sentence by inserting

19 ‘‘(other than a natural person)’’ before ‘‘may

20 make application to the Secretary’’; and

21 (B) in the second sentence by inserting

22 ‘‘(other than a natural person)’’ before ‘‘who

23 makes application for relief’’.

24 (b) APPLICABILITY.—The amendments made by sub25 section (a) shall apply to—
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1 (1) applications for administrative relief and ac2 tions for judicial review that are pending on the date

3 of enactment of this Act; and

4 (2) applications for administrative relief filed,

5 and actions for judicial review brought, after the

6 date of enactment of this Act.

7 SEC. 3. PERMANENT FIREARM PROHIBITION FOR CON8 VICTED VIOLENT FELONS AND SERIOUS

9 DRUG OFFENDERS.

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

11 is amended—

12 (1) in the first sentence—

13 (A) by inserting ‘‘(A)’’ after ‘‘(20)’’; and

14 (B) by redesignating subparagraphs (A)

15 and (B) as clauses (i) and (ii), respectively;

16 (2) in the second sentence, by striking ‘‘What’’

17 and inserting the following:

18 ‘‘(B) What’’; and

19 (3) by striking the third sentence and inserting

20 the following new subparagraph:

21 ‘‘(C) A conviction shall not be considered to be a con22 viction for purposes of this chapter if—

23 ‘‘(i) the conviction is reversed or set aside based

24 on a determination that the conviction is invalid;
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1 ‘‘(ii) the person has been pardoned, unless the

2 authority that grants the pardon expressly states

3 that the person may not ship, transport, possess, or

4 receive firearms; or

5 ‘‘(iii) the person has had civil rights restored, or

6 the conviction is expunged, and—

7 ‘‘(I) the authority that grants the restora8 tion of civil rights or expungement expressly au9 thorizes the person to ship, transport, receive,

10 and possess firearms and expressly determines

11 that the circumstances regarding the conviction

12 and the person’s record and reputation are such

13 that the person is not likely to act in a manner

14 that is dangerous to public safety, and that the

15 granting of the relief is not contrary to the pub16 lic interest; and

17 ‘‘(II) the conviction was for an offense

18 other than a serious drug offense (as defined in

19 section 924(e)(2)(A)) or violent felony (as de20 fined in section 924(e)(2)(B)).’’.

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