II 

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. 

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 referred to as the ‘‘End Gun Vio5 lence Act of 2023’’. 


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1 SEC. 2. PROHIBITION ON SALE OR OTHER DISPOSITION OF 

2 A FIREARM OR AMMUNITION TO A PERSON 

3 CONVICTED OF A VIOLENT MISDEMEANOR. 

4 Section 922(d) of title 18, United States Code, is 

5 amended— 

6 (1) in paragraph (10), by striking ‘‘or’’ at the 

7 end; 

8 (2) by redesignating paragraph (11) as para9 graph (12); 

10 (3) by inserting after paragraph (10) the fol11 lowing: 

12 ‘‘(11) has been convicted in any court of a vio13 lent misdemeanor within the preceding 5 years; or’’; 

14 and 

15 (4) in paragraph (12), as so redesignated, by 

16 striking ‘‘(10)’’ and inserting ‘‘(11)’’. 

17 SEC. 3. DEFINITION OF VIOLENT MISDEMEANOR. 

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

19 amended by adding at the end the following: 

20 ‘‘(38)(A) The term ‘violent misdemeanor’ means an 

21 offense that— 

22 ‘‘(i) is a misdemeanor under Federal, State, 

23 Tribal, or local law; and 

24 ‘‘(ii) has as an element— 

25 ‘‘(I) the use, attempted use, or threatened 

26 use of— 


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1 ‘‘(aa) physical force; or 

2 ‘‘(bb) a deadly weapon; 

3 ‘‘(II) the intent to cause physical injury; or 

4 ‘‘(III) knowingly causing physical injury. 

5 ‘‘(B)(i) A person shall not be considered to have been 

6 convicted of such an offense for purposes of this chapter, 

7 unless— 

8 ‘‘(I) the person was represented by counsel in 

9 the case, or knowingly and intelligently waived the 

10 right to counsel in the case; and 

11 ‘‘(II) in the case of a prosecution for an offense 

12 described in this paragraph for which a person was 

13 entitled to a jury trial in the jurisdiction in which 

14 the case was tried, either— 

15 ‘‘(aa) the case was tried by a jury; or 

16 ‘‘(bb) the person knowingly and intel17 ligently waived the right to have the case tried 

18 by a jury, by guilty plea or otherwise. 

19 ‘‘(ii) A person shall not be considered to have been 

20 convicted of such an offense for purposes of this chapter 

21 if the conviction has been expunged or set aside, or is an 

22 offense for which the person has been pardoned or has 

23 had civil rights restored (if the law of the applicable juris24 diction provides for the loss of civil rights under such an 

25 offense) unless the pardon, expungement, or restoration 


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1 of civil rights expressly provides that the person may not 

2 ship, transport, possess, or receive firearms.’’. 

3 SEC. 4. CONFORMING AMENDMENTS. 

4 (a) TITLE 18.—Title 18, United States Code, is 

5 amended— 

6 (1) in section 922(t)— 

7 (A) in paragraphs (1)(B)(ii), by striking 

8 ‘‘receipt’’ and all that follows through ‘‘sub9 section (g)’’ and inserting ‘‘knowing sale or dis10 position of a firearm by the licensee to such 

11 other person, or the receipt of a firearm by 

12 such other person would violate subsection (d), 

13 (g),’’; 

14 (B) in paragraph (2), in the matter pre15 ceding subparagraph (A), by striking ‘‘receipt’’ 

16 and all that follows through ‘‘subsection (d)’’ 

17 and inserting ‘‘knowing sale or disposition of a 

18 firearm by the licensee to such other person, or 

19 the receipt of a firearm by such other person 

20 would not violate subsection (d)’’; 

21 (C) in paragraph (4)— 

22 (i) by striking ‘‘receipt’’ and all that 

23 follows through ‘‘subsection (d)’’ and in24 serting ‘‘knowing sale or disposition of a 

25 firearm by the licensee to such other perVerDate Sep 11 2014 01:25 Sep 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2732.IS S2732

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1 son, or the receipt of a firearm by such 

2 other person would violate subsection (d)’’; 

3 and 

4 (ii) by inserting a comma after 

5 ‘‘State’’; and 

6 (D) in paragraph (5), by striking ‘‘receipt’’ 

7 and all that follows through ‘‘subsection (d)’’ 

8 and inserting ‘‘knowing sale or disposition of a 

9 firearm by the licensee to such other person, or 

10 the receipt of a firearm by such other person 

11 would violate subsection (d)’’; 

12 (2) in section 923(d)(1)(B), by striking ‘‘section 

13 922(g) and (n) of this chapter’’ and inserting ‘‘sub14 section (g) or (n) of section 922, and is not a person 

15 to whom the knowing sale or disposition of a firearm 

16 or ammunition is prohibited under section 922(d)’’; 

17 and 

18 (3) in section 925A(2), by inserting ‘‘and to 

19 whom the knowing sale or disposition of a firearm 

20 was not prohibited pursuant to subsection (d) of 

21 such section’’ after ‘‘section 922’’. 

22 (b) BRADY HANDGUN VIOLENCE PREVENTION

23 ACT.—Section 103 of the Brady Handgun Violence Pre24 vention Act (34 U.S.C. 40901) is amended— 

25 (1) in subsection (e)(1)— 


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1 (A) in subparagraph (A), by striking ‘‘for 

2 whom’’ and all that follows through ‘‘subsection 

3 (g)’’ and inserting ‘‘to whom the knowing sale 

4 or disposition of a firearm, or for whom receipt 

5 of a firearm, would violate subsection (d), (g),’’; 

6 (B) in subparagraph (F)(iii)(I), by striking 

7 ‘‘(g)’’ and inserting ‘‘(d), (g),’’; and 

8 (C) in subparagraph (G)(i), by striking 

9 ‘‘(g)’’ and inserting ‘‘(d), (g),’’; 

10 (2) in subsection (g), in the first sentence, by 

11 striking ‘‘receipt of a firearm by a prospective trans12 feree would violate subsection (g)’’ and inserting 

13 ‘‘the knowing sale or disposition of a firearm to, or 

14 the possession or receipt of a firearm by, a prospec15 tive transferee would violate subsection (d), (g),’’; 

16 and 

17 (3) in subsection (i)(2), by striking ‘‘, prohib18 ited by section 922 (g) or (n) of title 18, United 

19 States Code or State law, from receiving a firearm.’’ 

20 and inserting ‘‘to whom the knowing sale or disposi21 tion of, or for whom the possession or receipt of, a 

22 firearm is prohibited by subsection (d), (g), or (n) 

23 of section 922 of title 18, United States Code, or 

24 State law.’’. 


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1 (c) NICS IMPROVEMENT AMENDMENTS ACT OF

2 2007.—The NICS Improvement Amendments Act of 2007 

3 (34 U.S.C. 40902 et seq.) is amended— 

4 (1) in section 101(b) (34 U.S.C. 40911(b))— 

5 (A) in paragraph (1)(A), by striking ‘‘a 

6 person is disqualified from possessing or receiv7 ing a firearm under subsection (g)’’ and insert8 ing ‘‘the knowing sale or disposition of a fire9 arm to, or the possession or receipt of a firearm 

10 by, a person is prohibited under subsection (d), 

11 (g),’’; and 

12 (B) in paragraph (2)(A), by striking ‘‘a 

13 member of the Armed Forces involved in such 

14 proceeding is disqualified from possessing or re15 ceiving a firearm under subsection (g)’’ and in16 serting ‘‘the knowing sale or disposition of a 

17 firearm to, or the possession or receipt of a fire18 arm by, a member of the Armed Forces is pro19 hibited under subsection (d), (g),’’; and 

20 (2) in section 102 (34 U.S.C. 40912)— 

21 (A) in subsection (b)(3)— 

22 (i) by inserting ‘‘, or to whom the 

23 knowing sale or disposition of a firearm is 

24 prohibited,’’ after ‘‘firearm’’; and 


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1 (ii) by striking ‘‘subsection (g)’’ and 

2 inserting ‘‘subsection (d), (g),’’; and 

3 (B) in subsection (c)(1)(A), by inserting ‘‘, 

4 or is a person to whom the knowing sale or dis5 position of a firearm is prohibited by subsection 

6 (d) of such section’’ before the period. 

7 SEC. 5. APPLICABILITY. 

8 This Act, and the amendments made by this Act, 

9 shall not apply with respect to any conviction that occurs 

10 before the date that is 180 days after the date of enact11 ment of this Act. 

12 SEC. 6. RULE OF CONSTRUCTION. 

13 Nothing in this Act shall— 

14 (1) alter the requirements under subsections 

15 (d)(8) or (g)(8) of section 922 of title 18, United 

16 States Code; or 

17 (2) have a limiting effect on State, local, or 

18 Tribal law. 

Æ 


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