I 

116TH CONGRESS 

1ST SESSION H. R. 971 

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

firearm by, or the disposition of a firearm to, a person who has been 

convicted of a misdemeanor crime of animal cruelty. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2019 

Ms. CLARK of Massachusetts introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit the possession of a firearm by, or the disposition of a firearm 

to, a person who has been convicted of a misdemeanor 

crime of animal cruelty. 

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 ‘‘Animal Violence Ex5 poses Real Threat of Future Gun Violence Act of 2019’’ 

6 or the ‘‘AVERT Future Gun Violence Act of 2019’’. 


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1 SEC. 2. PROHIBITION ON THE POSSESSION OF A FIREARM 

2 BY, OR THE DISPOSITION OF A FIREARM TO, 

3 A PERSON WHO HAS BEEN CONVICTED OF A 

4 MISDEMEANOR CRIME OF ANIMAL CRUELTY. 

5 (a) DEFINITION.—Section 921(a) of title 18, United 

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘(35)(A) The term ‘misdemeanor crime of animal 

9 cruelty’ means an offense that— 

10 ‘‘(i) is a misdemeanor under Federal, State, or 

11 tribal law; and 

12 ‘‘(ii) has, as an element, knowingly causing un13 necessary or unjustifiable physical pain or suffering 

14 to an animal by an act, omission, or neglect. 

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

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

17 unless— 

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

19 the case, or knowingly and intelligently waived the 

20 right to counsel in the case; and 

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

22 described in this paragraph for which a person was 

23 entitled to a jury trial in the jurisdiction in which 

24 the case was tried, either— 

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


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1 ‘‘(bb) the person knowingly and intel2 ligently waived the right to have the case tried 

3 by a jury, by guilty plea or otherwise. 

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

5 convicted of such an offense for purposes of this chapter 

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

7 offense for which the person has been pardoned or has 

8 had civil rights restored (if the law of the applicable juris9 diction provides for the loss of civil right under such an 

10 offense), unless the pardon, expungement, or restoration 

11 of civil rights expressly provides that the person may not 

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

13 (b) PROHIBITIONS.—Section 922 of such title is 

14 amended— 

15 (1) in the 1st sentence of subsection (d)— 

16 (A) in paragraph (8)(B)(ii), by striking 

17 ‘‘or’’ at the end; 

18 (B) in paragraph (9), by striking the pe19 riod and inserting ‘‘; or’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(10) has been convicted in any court of a mis22 demeanor crime of animal cruelty.’’; and 

23 (2) in subsection (g)— 

24 (A) in paragraph (8)(C)(ii), by striking 

25 ‘‘or’’ at the end; 


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1 (B) in paragraph (9), by striking the 

2 comma and inserting ‘‘; or’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(10) who has been convicted in any court of 

5 a misdemeanor crime of animal cruelty,’’. 

Æ 


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