II

103D CONGRESS

1ST SESSION S. 1570

To amend title 18, United States Code, to prevent persons who have

committed domestic abuse from obtaining a firearm.

IN THE SENATE OF THE UNITED STATES

OCTOBER 20 (legislative day, OCTOBER 13), 1993

Mr. WELLSTONE 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 prevent persons

who have committed domestic abuse from obtaining a

firearm.

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 ‘‘Domestic Violence

5 Firearm Prevention Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) domestic violence is the leading cause of in9 jury to women in the United States between the

10 ages of 15 and 44;
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1 (2) firearms are used by the abuser in 7 per2 cent of domestic violence incidents; and

3 (3) individuals with a history of domestic abuse

4 should not have easy access to firearms.

5 SEC. 3. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO,

6 OR RECEIPT OF FIREARMS BY, PERSONS WHO

7 HAVE COMMITTED DOMESTIC ABUSE.

8 (a) PROHIBITION AGAINST DISPOSAL OF FIRE9 ARMS.—Section 922(d) of title 18, United States Code,

10 is amended—

11 (1) by striking ‘‘or’’ at the end of paragraph

12 (6);

13 (2) by striking the period at the end of para14 graph (7) and inserting ‘‘; or’’; and

15 (3) by inserting after paragraph (7) the follow16 ing:

17 ‘‘(8)(A) has been convicted in any court of the

18 United States of an offense that—

19 ‘‘(i) has as an element the use, attempted

20 use, or threatened use of physical force against

21 a spouse, former spouse, domestic partner,

22 child, or former child of the person; or

23 ‘‘(ii) by its nature, involves a substantial

24 risk that physical force against a spouse,

25 former spouse, domestic partner, child, or
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1 former child of the person may be used in the

2 course of committing the offense; or

3 ‘‘(B) is required, pursuant to an order issued

4 by a court of the United States in a case involving

5 the use, attempted use, or threatened use of physical

6 force against a person described in subparagraph

7 (A), to maintain a minimum distance from the per8 son so described.’’.

9 (b) PROHIBITION AGAINST RECEIPT OF FIRE10 ARMS.—Section 922(g) of title 18, United States Code,

11 is amended—

12 (1) by striking ‘‘or’’ at the end of paragraph

13 (6);

14 (2) by inserting ‘‘or’’ at the end of paragraph

15 (7); and

16 (3) by inserting after paragraph (7) the follow17 ing:

18 ‘‘(8)(A) has been convicted in any court of the

19 United States of an offense that—

20 ‘‘(i) has as an element the use, attempted

21 use, or threatened use of physical force against

22 a spouse, former spouse, domestic partner,

23 child, or former child of the person; or

24 ‘‘(ii) by its nature, involves a substantial

25 risk that physical force against a spouse,
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1 former spouse, domestic partner, child, or

2 former child of the person may be used in the

3 course of committing the offense; or

4 ‘‘(B) is required, pursuant to an order issued

5 by a court of the United States in a case involving

6 the use, attempted use, or threatened use of physical

7 force against a person described in subparagraph

8 (A), to maintain a minimum distance from the per9 son so described;’’.

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