Title: Protecting Domestic Violence and Stalking Victims Act
Policy area: Crime and Law Enforcement

Summary:
Protecting Domestic Violence and Stalking Victims Act
This bill amends the federal criminal code to modify the prohibition on firearm sale or transfer to or purchase or possession by an individual who is subject to a court order that restrains the individual from harassing, stalking, or threatening an intimate partner or child of an intimate partner. Specifically, the bill revises the elements of a qualifying court order. It also broadens the definition of "intimate partner" to include a dating partner or former dating partner.
Additionally, the bill expands the categories of prohibited persons (i.e., persons barred from receiving or possessing a firearm) to include persons who have been convicted of: (1) a misdemeanor crime of stalking, or (2) a crime involving conduct that would have been stalking if committed within the special maritime and territorial jurisdiction of the United States.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2670 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2670

   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

                              May 25, 2017

 Mr. Brown of Maryland (for himself, Ms. Barragan, Mr. Blumenauer, Ms. 
Blunt Rochester, Mr. Brendan F. Boyle of Pennsylvania, Ms. Brownley of 
 California, Mr. Carbajal, Mr. Cicilline, Ms. Clark of Massachusetts, 
Ms. Clarke of New York, Ms. Eshoo, Ms. Esty of Connecticut, Mr. Evans, 
  Mr. Grijalva, Mr. Gutierrez, Mr. Hastings, Mr. Himes, Ms. Kelly of 
    Illinois, Mr. Khanna, Mr. Larsen of Washington, Mr. Ted Lieu of 
  California, Mrs. Carolyn B. Maloney of New York, Ms. McCollum, Mr. 
    McNerney, Ms. Meng, Ms. Moore, Mrs. Napolitano, Ms. Norton, Mr. 
     Pallone, Mr. Peters, Mr. Pocan, Mr. Quigley, Mr. Raskin, Ms. 
Schakowsky, Ms. Shea-Porter, Ms. Slaughter, Ms. Speier, Mr. Swalwell of 
California, Mr. Takano, Ms. Wasserman Schultz, Mrs. Watson Coleman, Ms. 
 Bonamici, Mr. Serrano, Mr. Panetta, Mr. Keating, Mr. Delaney, and Mr. 
    Hoyer) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Domestic Violence and 
Stalking Victims Act''.

SEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF 
              DOMESTIC VIOLENCE'' EXPANDED.

    Section 921(a) of title 18, United States Code, is amended--
            (1) in paragraph (32)--
                    (A) by striking ``and an individual'' and inserting 
                ``an individual''; and
                    (B) by inserting ``, or a dating partner (as 
                defined in section 2266) or former dating partner'' 
                before the period at the end; and
            (2) in paragraph (33)(A)(ii)--
                    (A) by striking ``or by'' and inserting ``by''; and
                    (B) by inserting ``, or by a dating partner (as 
                defined in section 2266) or former dating partner of 
                the victim'' before the period at the end.

SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO COURT ORDER.

    Section 922(d)(8) of title 18, United States Code, is amended to 
read as follows:
            ``(8) is subject to a court order described in subsection 
        (g)(8); or''.

SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER 
              PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM 
              EXPANDED.

    Section 922(g)(8) of title 18, United States Code, is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``that'';
            (2) by striking subparagraphs (A) and (B) and inserting the 
        following:
                    ``(A)(i) that was issued after a hearing of which 
                such person received actual notice, and at which such 
                person had an opportunity to participate; or
                    ``(ii) in the case of an ex parte order, relating 
                to which notice and opportunity to be heard are 
                provided--
                            ``(I) within the time required by State, 
                        tribal, or territorial law; and
                            ``(II) in any event within a reasonable 
                        time after the order is issued, sufficient to 
                        protect the person's right to due process;
                    ``(B) that restrains such person from--
                            ``(i) harassing, stalking, threatening, or 
                        engaging in other conduct that would put an 
                        individual in reasonable fear of bodily injury 
                        to such individual, including an order that was 
                        issued at the request of an employer on behalf 
                        of its employee or at the request of an 
                        institution of higher education on behalf of 
                        its student; or
                            ``(ii) intimidating or dissuading a witness 
                        from testifying in court; and''; and
            (3) in subparagraph (C)--
                    (A) by striking ``intimate partner or child'' each 
                place it appears and inserting ``individual described 
                in subparagraph (B)'';
                    (B) in clause (i), by inserting ``that'' before 
                ``includes''; and
                    (C) in clause (ii), by inserting ``that'' before 
                ``by its''.

SEC. 5. STALKING PROHIBITIONS.

    (a) Sales or Other Dispositions of Firearms or Ammunition.--Section 
922(d) of title 18, United States Code, as amended by section 3 of this 
Act, is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of--
                    ``(A) a misdemeanor crime of stalking under 
                Federal, State, territorial, or tribal law; or
                    ``(B) a crime that involves conduct which would be 
                prohibited by section 2261A if committed within the 
                special maritime and territorial jurisdiction of the 
                United States.''.
    (b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of 
such title, as amended by section 4 of this Act, is amended--
            (1) by striking ``or'' at the end of paragraph (8);
            (2) by striking the comma at the end of paragraph (9) and 
        inserting ``; or''; and
            (3) by inserting after paragraph (9) the following:
            ``(10) has been convicted in any court of--
                    ``(A) a misdemeanor crime of stalking under 
                Federal, State, territorial, or tribal law; or
                    ``(B) a crime that involves conduct which would be 
                prohibited by section 2261A if committed within the 
                special maritime and territorial jurisdiction of the 
                United States,''.
                                 <all>