I 

111TH CONGRESS 

2D SESSION H. R. 4727 

To amend title 18, United States Code, to place limitations on the possession, 

sale, and other disposition of a firearm by persons convicted of misdemeanor sex offenses against children. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2010 

Mr. NADLER of New York (for himself, Ms. WASSERMAN SCHULTZ, Mr. 

WEINER, Mrs. MCCARTHY of New York, Ms. SLAUGHTER, Ms. 

SCHWARTZ, Mr. ISRAEL, Mr. HASTINGS of Florida, and Mrs. LOWEY) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To amend title 18, United States Code, to place limitations 

on the possession, sale, and other disposition of a firearm 

by persons convicted of misdemeanor sex offenses against 

children. 

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 ‘‘Keep Kids Safe Act 

5 of 2010’’. 


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1 SEC. 2. LIMITS ON POSSESSION, SALE, AND DISPOSITION 

2 OF FIREARMS BY PERSONS CONVICTED OF 

3 MISDEMEANOR SEX OFFENSES AGAINST MI4 NORS. 

5 (a) DISPOSITION OF FIREARM.—Section 922(d) of 

6 title 18, United States Code, is amended— 

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

8 (8); 

9 (2) by striking the period at the end of para10 graph (9) and inserting ‘‘; or’’; and 

11 (3) by inserting after paragraph (9) the fol12 lowing: 

13 ‘‘(10) has been convicted in any court of a mis14 demeanor sex offense against a minor.’’. 

15 (b) POSSESSION OF FIREARM.—Section 922(g) of 

16 title 18, United States Code, is amended— 

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

18 (8); 

19 (2) by striking the comma at the end of para20 graph (9) and inserting ‘‘; or’’; and 

21 (3) by inserting after paragraph (9) the fol22 lowing: 

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

24 a misdemeanor sex offense against a minor,’’. 


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1 (c) MISDEMEANOR SEX OFFENSE AGAINST A MINOR

2 DEFINED.—Section 921(a) of such title is amended by 

3 adding at the end the following: 

4 ‘‘(36)(A) The term ‘misdemeanor sex offense 

5 against a minor’ means a sex offense against a 

6 minor punishable by imprisonment for not more 

7 than one year. 

8 ‘‘(B) The term ‘sex offense’ means a criminal 

9 offense that has, as an element, a sexual act or sex10 ual contact with another, or an attempt or con11 spiracy to commit such an offense. 

12 ‘‘(C) The term ‘minor’ means an individual who 

13 has not attained 18 years of age. 

14 ‘‘(D) A person shall not be considered to have 

15 been convicted of a misdemeanor sex offense against 

16 a minor for purposes of this chapter— 

17 ‘‘(i) unless— 

18 ‘‘(I) the person was represented by 

19 counsel in the case, or knowingly and intel20 ligently waived the right to counsel in the 

21 case; and 

22 ‘‘(II) in the case of a prosecution for 

23 the offense for which a person was entitled 

24 to a jury trial in the jurisdiction in which 

25 the case was tried— 


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1 ‘‘(aa) the case was tried by a 

2 jury; or 

3 ‘‘(bb) the person knowingly and 

4 intelligently waived the right to have 

5 the case tried by a jury, by guilty plea 

6 or otherwise; or 

7 ‘‘(ii) if the conviction has been expunged or 

8 set aside, or is an offense for which the person 

9 has been pardoned or has had civil rights re10 stored (if the law of the applicable jurisdiction 

11 provides for the loss of civil rights under such 

12 an offense), unless the pardon, expungement, or 

13 restoration of civil rights expressly provides 

14 that the person may not ship, transport, pos15 sess, or receive firearms.’’. 

Æ 


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