II 

113TH CONGRESS 

1ST SESSION S. 261 

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 

FEBRUARY 7, 2013 

Mrs. FEINSTEIN (for herself, Mr. SCHUMER, Mr. WHITEHOUSE, Mrs. BOXER, 

Mr. MENENDEZ, and Mr. LAUTENBERG) 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 ‘‘No Firearms for For5 eign Felons Act of 2013’’. 

6 SEC. 2. NO FIREARMS FOR FOREIGN FELONS. 

7 (a) DEFINITIONS.— 


TKELLEY on DSK3SPTVN1PROD with BILLS
2 

•S 261 IS

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

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘(36) The term ‘any court’ includes any Federal, 

5 State, or foreign court.’’. 

6 (2) EXCLUSION OF CERTAIN FELONIES.—Sec7 tion 921(a)(20) of title 18, United States Code, is 

8 amended— 

9 (A) in subparagraph (A), by striking ‘‘any 

10 Federal or State offenses’’ and inserting ‘‘any 

11 Federal, State, or foreign offenses’’; 

12 (B) in subparagraph (B), by striking ‘‘any 

13 State offense classified by the laws of the 

14 State’’ and inserting ‘‘any State or foreign of15 fense classified by the laws of that jurisdiction’’; 

16 and 

17 (C) in the matter following subparagraph 

18 (B), in the first sentence, by inserting before 

19 the period the following: ‘‘, except that a for20 eign conviction shall not constitute a conviction 

21 of such a crime if the convicted person estab22 lishes that the foreign conviction resulted from 

23 a denial of fundamental fairness that would vio24 late due process if committed in the United 


TKELLEY on DSK3SPTVN1PROD with BILLS
3 

•S 261 IS

1 States or from conduct that would be legal if 

2 committed in the United States’’. 

3 (b) DOMESTIC VIOLENCE CRIMES.—Section 

4 921(a)(33) of title 18, United States Code, is amended— 

5 (1) in subparagraph (A)— 

6 (A) in the matter preceding clause (i), by 

7 striking ‘‘subparagraph (C)’’ and inserting 

8 ‘‘subparagraph (B)’’; and 

9 (B) in clause (i)— 

10 (i) by inserting ‘‘(I)’’ after ‘‘(i)’’; 

11 (ii) by striking ‘‘and’’ and inserting 

12 ‘‘or’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(II) is a crime under foreign law that is pun16 ishable by imprisonment for a term of not more than 

17 1 year; and’’; and 

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

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

20 conviction— 

21 ‘‘(I) occurred in a foreign jurisdiction and the 

22 convicted person establishes that the foreign convic23 tion resulted from a denial of fundamental fairness 

24 that would violate due process if committed in the 


TKELLEY on DSK3SPTVN1PROD with BILLS
4 

•S 261 IS

1 United States or from conduct that would be legal 

2 if committed in the United States; or 

3 ‘‘(II) has’’. 

4 (c) PENALTIES.—Section 924(e)(2)(A)(ii) of title 18, 

5 United States Code, is amended— 

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

7 and inserting ‘‘an offense under State or foreign 

8 law’’; and 

9 (2) by inserting before the semicolon the fol10 lowing: ‘‘, except that a foreign conviction shall not 

11 constitute a conviction of such a crime if the con12 victed person establishes that the foreign conviction 

13 resulted from a denial of fundamental fairness that 

14 would violate due process if committed in the United 

15 States or from conduct that would be legal if com16 mitted in the United States’’. 

Æ 


TKELLEY on DSK3SPTVN1PROD with BILLS