II 

112TH CONGRESS 

1ST SESSION S. 1305 

To establish and clarify that Congress does not authorize persons convicted 

of dangerous crimes in foreign courts to freely possess firearms in the 

United States. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2011 

Mrs. FEINSTEIN introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To establish and clarify that Congress does not authorize 

persons convicted of dangerous crimes in foreign courts 

to freely possess firearms in the United States. 

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 ‘‘No Firearms for For5 eign Felons Act of 2011’’. 

6 SEC. 2. NO FIREARMS FOR FOREIGN FELONS. 

7 (a) DEFINITIONS.— 


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1 (1) COURTS.—Section 921(a) of title 18, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘(36) The term ‘any court’ includes any Fed5 eral, State, or foreign court.’’. 

6 (2) EXCLUSION OF CERTAIN FELONIES.—Sec7 tion 921(a)(20) of title 18, United States Code, is 

8 amended— 

9 (A) in subparagraph (A), by striking ‘‘any 

10 Federal or State offenses’’ and inserting ‘‘any 

11 Federal, State, or foreign offenses’’; 

12 (B) in subparagraph (B), by striking ‘‘any 

13 State offense classified by the laws of the 

14 State’’ and inserting ‘‘any State or foreign of15 fense classified by the laws of that jurisdiction’’; 

16 and 

17 (C) in the matter following subparagraph 

18 (B), in the first sentence, by inserting before 

19 the period the following: ‘‘, except that a for20 eign conviction shall not constitute a conviction 

21 of such a crime if the convicted person estab22 lishes that the foreign conviction resulted from 

23 a denial of fundamental fairness that would vio24 late due process if committed in the United 


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1 States or from conduct that would be legal if 

2 committed in the United States’’. 

3 (b) DOMESTIC VIOLENCE CRIMES.—Section 

4 921(a)(33) of title 18, United States Code, is amended— 

5 (1) in subparagraph (A), by striking ‘‘subpara6 graph (C)’’ and inserting ‘‘subparagraph (B)’’; and 

7 (2) in subparagraph (B)(ii), by striking ‘‘if the 

8 conviction has’’ and inserting the following: ‘‘if the 

9 conviction— 

10 ‘‘(I) occurred in a foreign jurisdiction 

11 and the convicted person establishes that 

12 the foreign conviction resulted from a de13 nial of fundamental fairness that would 

14 violate due process if committed in the 

15 United States or from conduct that would 

16 be legal if committed in the United States; 

17 or 

18 ‘‘(II) has’’. 

19 (c) PENALTIES.—Section 924(e)(2)(A)(ii) of title 18, 

20 United States Code, is amended— 

21 (1) by striking ‘‘an offense under State law’’ 

22 and inserting ‘‘an offense under State or foreign 

23 law’’; and 

24 (2) by inserting before the semicolon the fol25 lowing: ‘‘, except that a foreign conviction shall not 


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1 constitute a conviction of such a crime if the con2 victed person establishes that the foreign conviction 

3 resulted from a denial of fundamental fairness that 

4 would violate due process if committed in the United 

5 States or from conduct that would be legal if com6 mitted in the United States’’. 

Æ 


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