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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2732 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 2732

 To amend title 18, United States Code, to prohibit the sale or other 
  disposition of any firearm or ammunition to any person who has been 
      convicted of a violent misdemeanor, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2023

Mrs. Gillibrand introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend title 18, United States Code, to prohibit the sale or other 
  disposition of any firearm or ammunition to any person who has been 
      convicted of a violent misdemeanor, 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 referred to as the ``End Gun Violence Act of 
2023''.

SEC. 2. PROHIBITION ON SALE OR OTHER DISPOSITION OF A FIREARM OR 
              AMMUNITION TO A PERSON CONVICTED OF A VIOLENT 
              MISDEMEANOR.

    Section 922(d) of title 18, United States Code, is amended--
            (1) in paragraph (10), by striking ``or'' at the end;
            (2) by redesignating paragraph (11) as paragraph (12);
            (3) by inserting after paragraph (10) the following:
            ``(11) has been convicted in any court of a violent 
        misdemeanor within the preceding 5 years; or''; and
            (4) in paragraph (12), as so redesignated, by striking 
        ``(10)'' and inserting ``(11)''.

SEC. 3. DEFINITION OF VIOLENT MISDEMEANOR.

    Section 921(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(38)(A) The term `violent misdemeanor' means an offense that--
            ``(i) is a misdemeanor under Federal, State, Tribal, or 
        local law; and
            ``(ii) has as an element--
                    ``(I) the use, attempted use, or threatened use 
                of--
                            ``(aa) physical force; or
                            ``(bb) a deadly weapon;
                    ``(II) the intent to cause physical injury; or
                    ``(III) knowingly causing physical injury.
    ``(B)(i) A person shall not be considered to have been convicted of 
such an offense for purposes of this chapter, unless--
            ``(I) the person was represented by counsel in the case, or 
        knowingly and intelligently waived the right to counsel in the 
        case; and
            ``(II) in the case of a prosecution for an offense 
        described in this paragraph for which a person was entitled to 
        a jury trial in the jurisdiction in which the case was tried, 
        either--
                    ``(aa) the case was tried by a jury; or
                    ``(bb) the person knowingly and intelligently 
                waived the right to have the case tried by a jury, by 
                guilty plea or otherwise.
    ``(ii) A person shall not be considered to have been convicted of 
such an offense for purposes of this chapter if the conviction has been 
expunged or set aside, or is an offense for which the person has been 
pardoned or has had civil rights restored (if the law of the applicable 
jurisdiction provides for the loss of civil rights under such an 
offense) unless the pardon, expungement, or restoration of civil rights 
expressly provides that the person may not ship, transport, possess, or 
receive firearms.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Title 18.--Title 18, United States Code, is amended--
            (1) in section 922(t)--
                    (A) in paragraphs (1)(B)(ii), by striking 
                ``receipt'' and all that follows through ``subsection 
                (g)'' and inserting ``knowing sale or disposition of a 
                firearm by the licensee to such other person, or the 
                receipt of a firearm by such other person would violate 
                subsection (d), (g),'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``receipt'' and all that 
                follows through ``subsection (d)'' and inserting 
                ``knowing sale or disposition of a firearm by the 
                licensee to such other person, or the receipt of a 
                firearm by such other person would not violate 
                subsection (d)'';
                    (C) in paragraph (4)--
                            (i) by striking ``receipt'' and all that 
                        follows through ``subsection (d)'' and 
                        inserting ``knowing sale or disposition of a 
                        firearm by the licensee to such other person, 
                        or the receipt of a firearm by such other 
                        person would violate subsection (d)''; and
                            (ii) by inserting a comma after ``State''; 
                        and
                    (D) in paragraph (5), by striking ``receipt'' and 
                all that follows through ``subsection (d)'' and 
                inserting ``knowing sale or disposition of a firearm by 
                the licensee to such other person, or the receipt of a 
                firearm by such other person would violate subsection 
                (d)'';
            (2) in section 923(d)(1)(B), by striking ``section 922(g) 
        and (n) of this chapter'' and inserting ``subsection (g) or (n) 
        of section 922, and is not a person to whom the knowing sale or 
        disposition of a firearm or ammunition is prohibited under 
        section 922(d)''; and
            (3) in section 925A(2), by inserting ``and to whom the 
        knowing sale or disposition of a firearm was not prohibited 
        pursuant to subsection (d) of such section'' after ``section 
        922''.
    (b) Brady Handgun Violence Prevention Act.--Section 103 of the 
Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended--
            (1) in subsection (e)(1)--
                    (A) in subparagraph (A), by striking ``for whom'' 
                and all that follows through ``subsection (g)'' and 
                inserting ``to whom the knowing sale or disposition of 
                a firearm, or for whom receipt of a firearm, would 
                violate subsection (d), (g),'';
                    (B) in subparagraph (F)(iii)(I), by striking 
                ``(g)'' and inserting ``(d), (g),''; and
                    (C) in subparagraph (G)(i), by striking ``(g)'' and 
                inserting ``(d), (g),'';
            (2) in subsection (g), in the first sentence, by striking 
        ``receipt of a firearm by a prospective transferee would 
        violate subsection (g)'' and inserting ``the knowing sale or 
        disposition of a firearm to, or the possession or receipt of a 
        firearm by, a prospective transferee would violate subsection 
        (d), (g),''; and
            (3) in subsection (i)(2), by striking ``, prohibited by 
        section 922 (g) or (n) of title 18, United States Code or State 
        law, from receiving a firearm.'' and inserting ``to whom the 
        knowing sale or disposition of, or for whom the possession or 
        receipt of, a firearm is prohibited by subsection (d), (g), or 
        (n) of section 922 of title 18, United States Code, or State 
        law.''.
    (c) NICS Improvement Amendments Act of 2007.--The NICS Improvement 
Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended--
            (1) in section 101(b) (34 U.S.C. 40911(b))--
                    (A) in paragraph (1)(A), by striking ``a person is 
                disqualified from possessing or receiving a firearm 
                under subsection (g)'' and inserting ``the knowing sale 
                or disposition of a firearm to, or the possession or 
                receipt of a firearm by, a person is prohibited under 
                subsection (d), (g),''; and
                    (B) in paragraph (2)(A), by striking ``a member of 
                the Armed Forces involved in such proceeding is 
                disqualified from possessing or receiving a firearm 
                under subsection (g)'' and inserting ``the knowing sale 
                or disposition of a firearm to, or the possession or 
                receipt of a firearm by, a member of the Armed Forces 
                is prohibited under subsection (d), (g),''; and
            (2) in section 102 (34 U.S.C. 40912)--
                    (A) in subsection (b)(3)--
                            (i) by inserting ``, or to whom the knowing 
                        sale or disposition of a firearm is 
                        prohibited,'' after ``firearm''; and
                            (ii) by striking ``subsection (g)'' and 
                        inserting ``subsection (d), (g),''; and
                    (B) in subsection (c)(1)(A), by inserting ``, or is 
                a person to whom the knowing sale or disposition of a 
                firearm is prohibited by subsection (d) of such 
                section'' before the period.

SEC. 5. APPLICABILITY.

    This Act, and the amendments made by this Act, shall not apply with 
respect to any conviction that occurs before the date that is 180 days 
after the date of enactment of this Act.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act shall--
            (1) alter the requirements under subsections (d)(8) or 
        (g)(8) of section 922 of title 18, United States Code; or
            (2) have a limiting effect on State, local, or Tribal law.
                                 <all>
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