II 

110TH CONGRESS 

1ST SESSION S. 1316 

To establish and clarify that Congress does not authorize persons convicted 

of dangerous crimes in foreign courts to freely possess firearms in the 

United States. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2007 

Mrs. FEINSTEIN (for herself, Mr. DURBIN, and Mr. KENNEDY) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To establish and clarify that Congress does not authorize 

persons convicted of dangerous crimes in foreign courts 

to freely possess firearms in the United States. 

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 ‘‘Firearms by Foreign 

5 Convicts Clarification Act of 2007’’. 

6 SEC. 2. DEFINITIONS. 

7 (a) COURTS.—Section 921(a) of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 


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1 ‘‘(36) The term ‘any court’ includes any Fed2 eral, State, or foreign court.’’. 

3 (b) EXCLUSION OF CERTAIN FELONIES.—Section 

4 921(a)(20) of title 18, United States Code, is amended— 

5 (1) in subparagraph (A), by striking ‘‘any Fed6 eral or State offenses’’ and inserting ‘‘any Federal, 

7 State, or foreign offenses’’; 

8 (2) in subparagraph (B), by striking ‘‘any State 

9 offense classified by the laws of the State’’ and in10 serting ‘‘any State or foreign offense classified by 

11 the laws of that jurisdiction’’; and 

12 (3) in the matter following subparagraph (B), 

13 in the first sentence, by inserting before the period 

14 the following: ‘‘, except that a foreign conviction 

15 shall not constitute a conviction of such a crime if 

16 the convicted person establishes that the foreign con17 viction resulted from a denial of fundamental fair18 ness that would violate due process if committed in 

19 the United States or from conduct that would be 

20 legal if committed in the United States’’. 

21 (c) DOMESTIC VIOLENCE CRIMES.—Section 

22 921(a)(33) of title 18, United States Code, is amended— 

23 (1) in subparagraph (A), by striking ‘‘subpara24 graph (C)’’ and inserting ‘‘subparagraph (B)’’; and 


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1 (2) in subparagraph (B)(ii), by striking ‘‘if the 

2 conviction has’’ and inserting the following: ‘‘if the 

3 conviction— 

4 ‘‘(I) occurred in a foreign jurisdiction 

5 and the convicted person establishes that 

6 the foreign conviction resulted from a de7 nial of fundamental fairness that would 

8 violate due process if committed in the 

9 United States or from conduct that would 

10 be legal if committed in the United States; 

11 or 

12 ‘‘(II) has’’. 

13 SEC. 3. PENALTIES. 

14 Section 924(e)(2)(A)(ii) of title 18, United States 

15 Code, is amended— 

16 (1) by striking ‘‘an offense under State law’’ 

17 and inserting ‘‘an offense under State or foreign 

18 law’’; and 

19 (2) by inserting before the semicolon the fol20 lowing: ‘‘, except that a foreign conviction shall not 

21 constitute a conviction of such a crime if the con22 victed person establishes that the foreign conviction 

23 resulted from a denial of fundamental fairness that 

24 would violate due process if committed in the United 


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1 States or from conduct that would be legal if com2 mitted in the United States’’. 

Æ 


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