I 

113TH CONGRESS 

2D SESSION H. R. 4906 

To amend title 18, United States Code, to protect more victims of domestic 

violence by preventing their abusers from possessing or receiving firearms, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2014 

Mrs. CAPPS (for herself, Ms. MOORE, Ms. HANABUSA, and Mr. LEWIS) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to protect more 

victims of domestic violence by preventing their abusers 

from possessing or receiving 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 ‘‘Protecting Domestic 

5 Violence and Stalking Victims Act’’. 


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1 SEC. 2. DEFINITIONS OF ‘‘INTIMATE PARTNER’’ AND ‘‘MIS2 DEMEANOR CRIME OF DOMESTIC VIOLENCE’’ 

3 EXPANDED. 

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

5 amended— 

6 (1) in paragraph (32)— 

7 (A) by striking ‘‘and an individual’’ and in8 serting ‘‘an individual’’; and 

9 (B) by inserting ‘‘, or a dating partner (as 

10 defined in section 2266) or former dating part11 ner’’ before the period at the end; and 

12 (2) in paragraph (33)(A)(ii)— 

13 (A) by striking ‘‘or by’’ and inserting 

14 ‘‘by’’; and 

15 (B) by inserting ‘‘, or by a dating partner 

16 (as defined in section 2266) or former dating 

17 partner of the victim’’ before the period at the 

18 end. 

19 SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUB20 JECT TO COURT ORDER. 

21 Section 922(d)(8) of title 18, United States Code, is 

22 amended to read as follows: 

23 ‘‘(8) is subject to a court order described in 

24 subsection (g)(8); or’’. 


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1 SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR 

2 SIMILAR ORDER PROHIBITED FROM POS3 SESSING OR RECEIVING A FIREARM EX4 PANDED. 

5 Section 922(g)(8) of title 18, United States Code, is 

6 amended— 

7 (1) in the matter preceding subparagraph (A), 

8 by striking ‘‘that’’; 

9 (2) by striking subparagraphs (A) and (B) and 

10 inserting the following: 

11 ‘‘(A)(i) that was issued after a hearing of 

12 which such person received actual notice, and at 

13 which such person had an opportunity to par14 ticipate; or 

15 ‘‘(ii) in the case of an ex parte order, relat16 ing to which notice and opportunity to be heard 

17 are provided— 

18 ‘‘(I) within the time required by 

19 State, tribal, or territorial law; and 

20 ‘‘(II) in any event within a reasonable 

21 time after the order is issued, sufficient to 

22 protect the person’s right to due process; 

23 ‘‘(B) that restrains such person from— 

24 ‘‘(i) harassing, stalking, threatening, 

25 or engaging in other conduct that would 

26 put an individual in reasonable fear of bodVerDate Mar 15 2010 06:52 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4906.IH H4906

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1 ily injury to such individual, including an 

2 order that was issued at the request of an 

3 employer on behalf of its employee or at 

4 the request of an institution of higher edu5 cation on behalf of its student; or 

6 ‘‘(ii) intimidating or dissuading a wit7 ness from testifying in court; and’’; and 

8 (3) in subparagraph (C)— 

9 (A) by striking ‘‘intimate partner or child’’ 

10 each place it appears and inserting ‘‘individual 

11 described in subparagraph (B)’’; 

12 (B) in clause (i), by inserting ‘‘that’’ be13 fore ‘‘includes’’; and 

14 (C) in clause (ii), by inserting ‘‘that’’ be15 fore ‘‘by its’’. 

16 SEC. 5. STALKING PROHIBITIONS. 

17 (a) SALES OR OTHER DISPOSITIONS OF FIREARMS

18 OR AMMUNITION.—Section 922(d) of title 18, United 

19 States Code, as amended by section 3 of this Act, is 

20 amended— 

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

22 (8); 

23 (2) by striking the period at the end of para24 graph (9) and inserting ‘‘; or’’; and 


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1 (3) by inserting after paragraph (9) the fol2 lowing: 

3 ‘‘(10) has been convicted in any court of— 

4 ‘‘(A) a misdemeanor crime of stalking 

5 under Federal, State, territorial, or tribal law; 

6 or 

7 ‘‘(B) a crime that involves conduct which 

8 would be prohibited by section 2261A if com9 mitted within the special maritime and terri10 torial jurisdiction of the United States.’’. 

11 (b) POSSESSION, ETC., OF FIREARMS OR AMMUNI12 TION.—Section 922(g) of such title, as amended by section 

13 4 of this Act, is amended— 

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

15 (8); 

16 (2) by striking the comma at the end of para17 graph (9) and inserting ‘‘; or’’; and 

18 (3) by inserting after paragraph (9) the fol19 lowing: 

20 ‘‘(10) has been convicted in any court of— 

21 ‘‘(A) a misdemeanor crime of stalking 

22 under Federal, State, territorial, or tribal law; 

23 or 

24 ‘‘(B) a crime that involves conduct which 

25 would be prohibited by section 2261A if comVerDate Mar 15 2010 06:52 Jun 24, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4906.IH H4906

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1 mitted within the special maritime and terri2 torial jurisdiction of the United States,’’. 

Æ 


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