I 

116TH CONGRESS 

1ST SESSION H. R. 1745 

To amend title 18, United States Code, to provide that persons subject 

to firearm restraining orders and persons convicted of violent misdemeanors are prohibited from possessing firearms, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2019 

Mr. THOMPSON of California introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide that 

persons subject to firearm restraining orders and persons 

convicted of violent misdemeanors are prohibited from 

possessing firearms, 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 cited as the ‘‘Gun Violence Preven5 tion Act of 2019’’. 


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1 SEC. 2. PERSONS SUBJECT TO FIREARM RESTRAINING OR2 DERS AND PERSONS CONVICTED OF VIOLENT 

3 MISDEMEANORS PROHIBITED FROM POS4 SESSING FIREARMS. 

5 (a) IN GENERAL.—Section 922 of title 18, United 

6 States Code, is amended— 

7 (1) in subsection (d)— 

8 (A) in paragraph (8), by striking ‘‘or’’ at 

9 the end; 

10 (B) in paragraph (9), by striking the pe11 riod at the end and inserting a semicolon; and 

12 (C) by inserting after paragraph (9) the 

13 following: 

14 ‘‘(10) is subject to a court order that— 

15 ‘‘(A) is temporary in nature, and may be 

16 renewed for additional temporary periods; 

17 ‘‘(B) requires the removal of firearms from 

18 the subject of the order, including requiring the 

19 subject to surrender firearms in his or her con20 trol, ownership, or possession to a law enforce21 ment officer, a federally licensed firearm dealer, 

22 or third party; 

23 ‘‘(C) includes a finding that the subject of 

24 the order poses a risk of personal injury to such 

25 person or other persons; and 


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1 ‘‘(D) was initiated by a law enforcement 

2 officer, a prosecutor, a current or former 

3 spouse, parent, or guardian of the subject of 

4 the order, by a person with whom the subject 

5 shares a child in common, by a person who has 

6 cohabited with the subject as a spouse, parent, 

7 or guardian, by a person similarly situated to a 

8 spouse, parent, or guardian of the subject, or 

9 by a person with whom the subject of the order 

10 cohabits; or 

11 ‘‘(11) except as provided in paragraph (9), dur12 ing the previous 5-year period, has been convicted of 

13 a misdemeanor crime of violence.’’; 

14 (2) in subsection (g)— 

15 (A) in paragraph (8), by striking ‘‘or’’ at 

16 the end; 

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

18 comma at the end and inserting a semicolon; 

19 and 

20 (C) by inserting after paragraph (9) the 

21 following: 

22 ‘‘(10) who is subject to a court order that— 

23 ‘‘(A) is temporary in nature, and may be 

24 renewed for additional temporary periods; 


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1 ‘‘(B) requires the removal of firearms from 

2 the subject of the order, including requiring the 

3 subject to surrender firearms in his or her con4 trol, ownership, or possession to a law enforce5 ment officer, a federally licensed firearm dealer, 

6 or third party; 

7 ‘‘(C) includes a finding that the subject of 

8 the order poses a risk of personal injury to such 

9 person or other persons; and 

10 ‘‘(D) was initiated by a law enforcement 

11 officer, a prosecutor, a current or former 

12 spouse, parent, or guardian of the subject of 

13 the order, by a person with whom the subject 

14 shares a child in common, by a person who has 

15 cohabited with the subject as a spouse, parent, 

16 or guardian, by a person similarly situated to a 

17 spouse, parent, or guardian of the subject, or 

18 by a person with whom the subject of the order 

19 cohabits; or 

20 ‘‘(11) except as provided in paragraph (9), dur21 ing the previous 5-year period, has been convicted of 

22 a misdemeanor crime of violence,’’; and 

23 (3) in subsection (s)— 


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1 (A) in paragraph (1)(B), by striking 

2 ‘‘member of the household’’ and inserting ‘‘fam3 ily or household member’’; and 

4 (B) in paragraph (8)— 

5 (i) by striking ‘‘subsection’’ and all 

6 that follows through ‘‘such individual.’’ 

7 and inserting ‘‘subsection—’’; and 

8 (ii) by adding at the end the fol9 lowing: 

10 ‘‘(A) the term ‘chief law enforcement officer’ 

11 means the chief of police, the sheriff, or an equiva12 lent officer or the designee of any such individual; 

13 and 

14 ‘‘(B) the term ‘family or household member’ 

15 means, with respect to a transferee, any— 

16 ‘‘(i) parent, spouse, sibling, or child related 

17 by blood, marriage, or adoption to the trans18 feree; 

19 ‘‘(ii) dating partner of the transferee; 

20 ‘‘(iii) individual who has a child in common 

21 with the transferee, regardless of whether the 

22 individual has— 

23 ‘‘(I) been married to the transferee; or 

24 ‘‘(II) lived together with the trans25 feree at any time; 


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1 ‘‘(iv) individual who resides or has resided 

2 with the transferee during the past year; 

3 ‘‘(v) domestic partner of the transferee; 

4 ‘‘(vi) individual who has a legal parent5 child relationship with the transferee, including 

6 a stepparent-stepchild and grandparent-grand7 child relationship; and 

8 ‘‘(vii) individual who is acting or has acted 

9 as the legal guardian of the transferee.’’. 

10 (b) MISDEMEANOR CRIME OF VIOLENCE DE11 FINED.—Section 921(a) of title 18, United States Code, 

12 is amended by adding at the end the following: 

13 ‘‘(36) The term ‘misdemeanor crime of violence’ 

14 means a crime of violence (as such term is defined in sec15 tion 16(a)), which is a misdemeanor under Federal, State, 

16 or Tribal law.’’. 

17 (c) APPLICABILITY.—The amendments made by this 

18 section shall apply with respect to court orders entered 

19 on or after the date of the enactment of this Act. 

20 SEC. 3. INELIGIBILITY DUE TO DISQUALIFYING MENTAL 

21 STATUS. 

22 (a) UNLAWFUL ACTS RELATED TO FIREARMS.—Sec23 tion 922 of title 18, United States Code, is amended by 

24 striking ‘‘adjudicated as a mental defective’’ each place 


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1 such term appears and inserting ‘‘adjudicated as ineligible 

2 due to disqualifying mental status’’. 

3 (b) POSSESSION BY RESTRICTED PERSONS.—Section 

4 175b(d)(2) of title 18, United States Code, is amended 

5 by striking ‘‘adjudicated as a mental defective’’ and insert6 ing ‘‘adjudicated as ineligible due to disqualifying mental 

7 status’’. 

8 (c) UNLAWFUL ACTS RELATED TO EXPLOSIVES.— 

9 Section 842 of title 18, United States Code, is amended— 

10 (1) in subsection (d)(6), by striking ‘‘adju11 dicated a mental defective’’ and inserting ‘‘adju12 dicated as ineligible due to disqualifying mental sta13 tus’’; and 

14 (2) in subsection (i)(4), by striking ‘‘adju15 dicated as a mental defective’’ and inserting ‘‘adju16 dicated as ineligible due to disqualifying mental sta17 tus’’. 

18 (d) NICS IMPROVEMENT AMENDMENTS ACT OF

19 2007.—The NICS Improvement Amendments Act of 2007 

20 (34 U.S.C. 40902 et seq.) is amended— 

21 (1) by striking ‘‘adjudicated as a mental defec22 tive’’ each place such term appears and inserting 

23 ‘‘adjudicated as ineligible due to disqualifying men24 tal status’’; 

25 (2) in section 101(c)(3)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘adjudicate a person as a men3 tal defective’’ and inserting ‘‘adjudicate a per4 son as ineligible due to disqualifying mental 

5 status’’; and 

6 (B) in subparagraph (A), by striking ‘‘ad7 judicate the person as a mental defective’’ and 

8 inserting ‘‘adjudicate the person as ineligible 

9 due to disqualifying mental status’’. 

Æ 


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