Disarm Hate Act

I 117TH CONGRESS 1ST SESSION H. R. 3929 To prevent a person who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commission, from obtaining a firearm. IN THE HOUSE OF REPRESENTATIVES JUNE 16, 2021 Mr. CICILLINE (for himself, Mr. CA´RDENAS, Mr. CARSON, Mr. CONNOLLY, Mr. COOPER, Mr. DANNY K. DAVIS of Illinois, Ms. DEAN, Mrs. DEMINGS, Mrs. TRAHAN, Ms. KELLY of Illinois, Mr. KILMER, Mr. KIM of New Jersey, Mr. LYNCH, Ms. NORTON, Mr. PANETTA, Ms. PRESSLEY, Mr. RASKIN, Mr. TAKANO, Mrs. WATSON COLEMAN, Mr. EVANS, Ms. BROWNLEY, Mr. LANGEVIN, Mr. QUIGLEY, Ms. DELBENE, Ms. CASTOR of Florida, Mr. GALLEGO, Mr. NEGUSE, Mr. JONES, Mr. KHANNA, Mr. PETERS, Mr. CASTEN, Ms. MENG, Mr. RUSH, Ms. SCHAKOWSKY, Ms. BASS, Mr. JOHNSON of Georgia, Mr. BEYER, Mr. VEASEY, Ms. MCCOL- LUM, Mr. GARCI´A of Illinois, Ms. LOIS FRANKEL of Florida, Ms. BLUNT ROCHESTER, Ms. DEGETTE, Mr. ESPAILLAT, Mrs. KIRKPATRICK, Mr. HUFFMAN, Mrs. DINGELL, Mr. MALINOWSKI, Ms. HOULAHAN, Ms. WASSERMAN SCHULTZ, Mr. KILDEE, Mr. MICHAEL F. DOYLE of Penn- sylvania, Ms. GARCIA of Texas, Mr. VARGAS, Ms. MOORE of Wisconsin, Mrs. HAYES, Mr. MEEKS, Mr. SWALWELL, Mr. POCAN, Ms. JAYAPAL, Mr. LAWSON of Florida, Mr. MOULTON, Mr. PRICE of North Carolina, Ms. UNDERWOOD, Miss RICE of New York, Ms. BARRAGA´N, Ms. ADAMS, Ms. SEWELL, Mrs. MCBATH, Ms. ESHOO, Mr. BERA, Mr. DESAULNIER, Ms. VELA´ZQUEZ, Ms. SCANLON, Mr. AGUILAR, Ms. BONAMICI, Mr. BRENDAN F. BOYLE of Pennsylvania, Mrs. BUSTOS, Ms. CHU, Ms. CLARK of Massachusetts, Mr. COHEN, Mr. COURTNEY, Mr. DEUTCH, Mr. GARAMENDI, Ms. JACKSON LEE, Mrs. LAWRENCE, Ms. LOFGREN, Mr. PALLONE, Mr. PERLMUTTER, Mr. SARBANES, Ms. SHERRILL, Mr. SIRES, Mr. SUOZZI, Mr. THOMPSON of California, Mr. THOMPSON of Mississippi, Ms. TITUS, Mr. WELCH, Mr. YARMUTH, Mrs. BEATTY, Mr. BLU- MENAUER, Mr. BROWN, Mr. CARBAJAL, Ms. CLARKE of New York, Mr. CRIST, Mr. CROW, Ms. ESCOBAR, Mr. JEFFRIES, Mr. KAHELE, Mrs. CAROLYN B. MALONEY of New York, Mr. SEAN PATRICK MALONEY of New York, Mr. MORELLE, Mr. PASCRELL, Mr. RYAN, Mr. SOTO, Ms. TLAIB, Mr. AUCHINCLOSS, Mr. GOMEZ, Mr. KEATING, Mr. LIEU, Mr. MCGOVERN, Mrs. MURPHY of Florida, Mrs. NAPOLITANO, Ms. PINGREE, Mr. RUPPERSBERGER, Ms. SA´NCHEZ, Mr. TONKO, Mr. TORRES of New VerDate Sep 11 2014 23:09 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3929.IH H3929 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3929 IH York, Mrs. TORRES of California, Ms. WILSON of Florida, Mr. CORREA, Mr. GRIJALVA, Mr. LEVIN of Michigan, Ms. MATSUI, Mr. NADLER, Mr. PAPPAS, Ms. ROYBAL-ALLARD, Mr. RUIZ, Mr. SMITH of Washington, Mr. NORCROSS, and Ms. ROSS) introduced the following bill; which was re- ferred to the Committee on the Judiciary A BILL To prevent a person who has been convicted of a mis- demeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commis- sion, from obtaining a firearm. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Disarm Hate Act’’. 4 SEC. 2. PREVENTION OF PERSON WHO HAS BEEN CON- 5 VICTED OF A MISDEMEANOR HATE CRIME, 6 OR RECEIVED AN ENHANCED SENTENCE FOR 7 A MISDEMEANOR BECAUSE OF HATE OR BIAS 8 IN ITS COMMISSION, FROM OBTAINING A 9 FIREARM. 10 (a) DEFINITIONS.—Section 921(a) of title 18, United 11 States Code, is amended by adding at the end the fol- 12 lowing: 13 ‘‘(36) The term ‘convicted in any court of a mis- 14 demeanor hate crime’— 15 VerDate Sep 11 2014 23:09 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3929 IH ‘‘(A) means being convicted by a court of an of- 1 fense that— 2 ‘‘(i) is a misdemeanor under Federal, 3 State, or tribal law; 4 ‘‘(ii) has, as an element, that the conduct 5 of the offender was motivated by hate or bias 6 because of the actual or perceived race, color, 7 religion, national origin, gender, sexual orienta- 8 tion, gender identity (as defined in section 9 249), or disability of any person; and 10 ‘‘(iii) involves the use or attempted use of 11 physical force, the threatened use of a deadly 12 weapon, or other credible threat to the physical 13 safety of any person; and 14 ‘‘(B) does not include— 15 ‘‘(i) a conviction of an offense described in 16 subparagraph (A), unless— 17 ‘‘(I) the person— 18 ‘‘(aa) was represented by counsel 19 in the case; or 20 ‘‘(bb) knowingly and intelligently 21 waived the right to counsel in the 22 case; and 23 ‘‘(II) in the case of a prosecution for 24 an offense described in subparagraph (A) 25 VerDate Sep 11 2014 23:09 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3929 IH for which a person was entitled to a jury 1 trial in the jurisdiction in which the case 2 was tried— 3 ‘‘(aa) the case was tried by a 4 jury; or 5 ‘‘(bb) the person knowingly and 6 intelligently waived the right to have 7 the case tried by a jury, by guilty plea 8 or otherwise; or 9 ‘‘(ii) a conviction of an offense described in 10 subparagraph (A) if— 11 ‘‘(I) the conviction— 12 ‘‘(aa) has been expunged or set 13 aside; or 14 ‘‘(bb) is an offense for which the 15 person has been pardoned or has had 16 civil rights restored (if the law of the 17 applicable jurisdiction provides for the 18 loss of civil rights under such an of- 19 fense); and 20 ‘‘(II) the pardon, expungement, or 21 restoration of civil rights does not ex- 22 pressly provide that the person may not 23 ship, transport, possess, or receive fire- 24 arms. 25 VerDate Sep 11 2014 23:09 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3929 IH ‘‘(37) The term ‘received from any court an enhanced 1 hate crime misdemeanor sentence’— 2 ‘‘(A) means a court has imposed a sentence for 3 a misdemeanor under Federal, State, or tribal law— 4 ‘‘(i) that involves the use or attempted use 5 of physical force, the threatened use of a deadly 6 weapon, or other credible threat to the physical 7 safety of any person; and 8 ‘‘(ii) based, in whole or in part, on a judi- 9 cial finding that the conduct of the offender 10 was motivated, in whole or in part, by hate or 11 bias for any reason referred to in paragraph 12 (36)(A)(ii); and 13 ‘‘(B) does not include— 14 ‘‘(i) the imposition of a sentence described 15 in subparagraph (A), unless— 16 ‘‘(I) the person— 17 ‘‘(aa) was represented by counsel 18 in the case; or 19 ‘‘(bb) knowingly and intelligently 20 waived the right to counsel in the 21 case; and 22 ‘‘(II) if the sentence described in sub- 23 paragraph (A) was imposed in a prosecu- 24 tion for an offense for which a person was 25 VerDate Sep 11 2014 23:09 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3929 IH entitled to a jury trial in the jurisdiction in 1 which the case was tried— 2 ‘‘(aa) the case was tried by a 3 jury; or 4 ‘‘(bb) the person knowingly and 5 intelligently waived the right to have 6 the case tried by a jury, by guilty plea 7 or otherwise; or 8 ‘‘(ii) the imposition of a sentence described 9 in subparagraph (A) if— 10 ‘‘(I)(aa) the conviction of the offense 11 for which the sentence was imposed has 12 been expunged or set aside; or 13 ‘‘(bb) the offense for which the sen- 14 tence was imposed is an offense for which 15 the person has been pardoned or has had 16 civil rights restored (if the law of the appli- 17 cable jurisdiction provides for the loss of 18 civil rights under such an offense); and 19 ‘‘(II) the pardon, expungement, or 20 restoration of civil rights does not ex- 21 pressly provide that the person may not 22 ship, transport, possess, or receive fire- 23 arms.’’. 24 VerDate Sep 11 2014 23:09 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3929 IH (b) PROHIBITION ON SALE OR OTHER DISPOSITION 1 OF FIREARM.—Section 922(d) of such title is amended in 2 the first sentence— 3 (1) in paragraph (8)(B)(ii), by striking ‘‘or’’ at 4 the end; 5 (2) in paragraph (9), by striking the period and 6 inserting ‘‘; or’’; and 7 (3) by inserting after paragraph (9) the fol- 8 lowing: 9 ‘‘(10) has been convicted in any court of a mis- 10 demeanor hate crime, or has received from any court 11 an enhanced hate crime misdemeanor sentence.’’. 12 (c) PROHIBITION ON POSSESSION, SHIPMENT, OR 13 TRANSPORT OF FIREARM.—Section 922(g) of such title 14 is amended— 15 (1) in paragraph (8), by striking ‘‘or’’ at the 16 end; 17 (2) in paragraph (9), by striking the comma 18 and inserting ‘‘; or’’; and 19 (3) by inserting after paragraph (9) the fol- 20 lowing: 21 ‘‘(10) who has been convicted in any court of 22 a misdemeanor hate crime, or has received from any 23 VerDate Sep 11 2014 23:09 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3929.IH H3929 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3929 IH court an enhanced hate crime misdemeanor sen- 1 tence,’’. 2 Æ VerDate Sep 11 2014 23:09 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3929.IH H3929 pbinns on DSKJLVW7X2PROD with BILLS