Gun Violence Prevention Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1745 To amend title 18, United States Code, to provide that persons subject to firearm restraining orders and persons convicted of violent mis- demeanors are prohibited from possessing firearms, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES MARCH 13, 2019 Mr. THOMPSON of California introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide that persons subject to firearm restraining orders and persons convicted of violent misdemeanors are prohibited from possessing firearms, and for other purposes. 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 ‘‘Gun Violence Preven- 4 tion Act of 2019’’. 5 VerDate Sep 11 2014 03:45 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1745.IH H1745 kjohnson on DSK79L0C42 with BILLS 2 •HR 1745 IH SEC. 2. PERSONS SUBJECT TO FIREARM RESTRAINING OR- 1 DERS AND PERSONS CONVICTED OF VIOLENT 2 MISDEMEANORS PROHIBITED FROM POS- 3 SESSING FIREARMS. 4 (a) IN GENERAL.—Section 922 of title 18, United 5 States Code, is amended— 6 (1) in subsection (d)— 7 (A) in paragraph (8), by striking ‘‘or’’ at 8 the end; 9 (B) in paragraph (9), by striking the pe- 10 riod at the end and inserting a semicolon; and 11 (C) by inserting after paragraph (9) the 12 following: 13 ‘‘(10) is subject to a court order that— 14 ‘‘(A) is temporary in nature, and may be 15 renewed for additional temporary periods; 16 ‘‘(B) requires the removal of firearms from 17 the subject of the order, including requiring the 18 subject to surrender firearms in his or her con- 19 trol, ownership, or possession to a law enforce- 20 ment officer, a federally licensed firearm dealer, 21 or third party; 22 ‘‘(C) includes a finding that the subject of 23 the order poses a risk of personal injury to such 24 person or other persons; and 25 VerDate Sep 11 2014 03:45 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1745.IH H1745 kjohnson on DSK79L0C42 with BILLS 3 •HR 1745 IH ‘‘(D) was initiated by a law enforcement 1 officer, a prosecutor, a current or former 2 spouse, parent, or guardian of the subject of 3 the order, by a person with whom the subject 4 shares a child in common, by a person who has 5 cohabited with the subject as a spouse, parent, 6 or guardian, by a person similarly situated to a 7 spouse, parent, or guardian of the subject, or 8 by a person with whom the subject of the order 9 cohabits; or 10 ‘‘(11) except as provided in paragraph (9), dur- 11 ing the previous 5-year period, has been convicted of 12 a misdemeanor crime of violence.’’; 13 (2) in subsection (g)— 14 (A) in paragraph (8), by striking ‘‘or’’ at 15 the end; 16 (B) in paragraph (9), by striking the 17 comma at the end and inserting a semicolon; 18 and 19 (C) by inserting after paragraph (9) the 20 following: 21 ‘‘(10) who is subject to a court order that— 22 ‘‘(A) is temporary in nature, and may be 23 renewed for additional temporary periods; 24 VerDate Sep 11 2014 03:45 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1745.IH H1745 kjohnson on DSK79L0C42 with BILLS 4 •HR 1745 IH ‘‘(B) requires the removal of firearms from 1 the subject of the order, including requiring the 2 subject to surrender firearms in his or her con- 3 trol, ownership, or possession to a law enforce- 4 ment officer, a federally licensed firearm dealer, 5 or third party; 6 ‘‘(C) includes a finding that the subject of 7 the order poses a risk of personal injury to such 8 person or other persons; and 9 ‘‘(D) was initiated by a law enforcement 10 officer, a prosecutor, a current or former 11 spouse, parent, or guardian of the subject of 12 the order, by a person with whom the subject 13 shares a child in common, by a person who has 14 cohabited with the subject as a spouse, parent, 15 or guardian, by a person similarly situated to a 16 spouse, parent, or guardian of the subject, or 17 by a person with whom the subject of the order 18 cohabits; or 19 ‘‘(11) except as provided in paragraph (9), dur- 20 ing the previous 5-year period, has been convicted of 21 a misdemeanor crime of violence,’’; and 22 (3) in subsection (s)— 23 VerDate Sep 11 2014 03:45 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1745.IH H1745 kjohnson on DSK79L0C42 with BILLS 5 •HR 1745 IH (A) in paragraph (1)(B), by striking 1 ‘‘member of the household’’ and inserting ‘‘fam- 2 ily or household member’’; and 3 (B) in paragraph (8)— 4 (i) by striking ‘‘subsection’’ and all 5 that follows through ‘‘such individual.’’ 6 and inserting ‘‘subsection—’’; and 7 (ii) by adding at the end the fol- 8 lowing: 9 ‘‘(A) the term ‘chief law enforcement officer’ 10 means the chief of police, the sheriff, or an equiva- 11 lent officer or the designee of any such individual; 12 and 13 ‘‘(B) the term ‘family or household member’ 14 means, with respect to a transferee, any— 15 ‘‘(i) parent, spouse, sibling, or child related 16 by blood, marriage, or adoption to the trans- 17 feree; 18 ‘‘(ii) dating partner of the transferee; 19 ‘‘(iii) individual who has a child in common 20 with the transferee, regardless of whether the 21 individual has— 22 ‘‘(I) been married to the transferee; or 23 ‘‘(II) lived together with the trans- 24 feree at any time; 25 VerDate Sep 11 2014 03:45 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1745.IH H1745 kjohnson on DSK79L0C42 with BILLS 6 •HR 1745 IH ‘‘(iv) individual who resides or has resided 1 with the transferee during the past year; 2 ‘‘(v) domestic partner of the transferee; 3 ‘‘(vi) individual who has a legal parent- 4 child relationship with the transferee, including 5 a stepparent-stepchild and grandparent-grand- 6 child relationship; and 7 ‘‘(vii) individual who is acting or has acted 8 as the legal guardian of the transferee.’’. 9 (b) MISDEMEANOR CRIME OF VIOLENCE DE- 10 FINED.—Section 921(a) of title 18, United States Code, 11 is amended by adding at the end the following: 12 ‘‘(36) The term ‘misdemeanor crime of violence’ 13 means a crime of violence (as such term is defined in sec- 14 tion 16(a)), which is a misdemeanor under Federal, State, 15 or Tribal law.’’. 16 (c) APPLICABILITY.—The amendments made by this 17 section shall apply with respect to court orders entered 18 on or after the date of the enactment of this Act. 19 SEC. 3. INELIGIBILITY DUE TO DISQUALIFYING MENTAL 20 STATUS. 21 (a) UNLAWFUL ACTS RELATED TO FIREARMS.—Sec- 22 tion 922 of title 18, United States Code, is amended by 23 striking ‘‘adjudicated as a mental defective’’ each place 24 VerDate Sep 11 2014 03:45 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1745.IH H1745 kjohnson on DSK79L0C42 with BILLS 7 •HR 1745 IH such term appears and inserting ‘‘adjudicated as ineligible 1 due to disqualifying mental status’’. 2 (b) POSSESSION BY RESTRICTED PERSONS.—Section 3 175b(d)(2) of title 18, United States Code, is amended 4 by striking ‘‘adjudicated as a mental defective’’ and insert- 5 ing ‘‘adjudicated as ineligible due to disqualifying mental 6 status’’. 7 (c) UNLAWFUL ACTS RELATED TO EXPLOSIVES.— 8 Section 842 of title 18, United States Code, is amended— 9 (1) in subsection (d)(6), by striking ‘‘adju- 10 dicated a mental defective’’ and inserting ‘‘adju- 11 dicated as ineligible due to disqualifying mental sta- 12 tus’’; and 13 (2) in subsection (i)(4), by striking ‘‘adju- 14 dicated as a mental defective’’ and inserting ‘‘adju- 15 dicated as ineligible due to disqualifying mental sta- 16 tus’’. 17 (d) NICS IMPROVEMENT AMENDMENTS ACT OF 18 2007.—The NICS Improvement Amendments Act of 2007 19 (34 U.S.C. 40902 et seq.) is amended— 20 (1) by striking ‘‘adjudicated as a mental defec- 21 tive’’ each place such term appears and inserting 22 ‘‘adjudicated as ineligible due to disqualifying men- 23 tal status’’; 24 (2) in section 101(c)(3)— 25 VerDate Sep 11 2014 03:45 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1745.IH H1745 kjohnson on DSK79L0C42 with BILLS 8 •HR 1745 IH (A) in the matter preceding subparagraph 1 (A), by striking ‘‘adjudicate a person as a men- 2 tal defective’’ and inserting ‘‘adjudicate a per- 3 son as ineligible due to disqualifying mental 4 status’’; and 5 (B) in subparagraph (A), by striking ‘‘ad- 6 judicate the person as a mental defective’’ and 7 inserting ‘‘adjudicate the person as ineligible 8 due to disqualifying mental status’’. 9 Æ VerDate Sep 11 2014 03:45 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H1745.IH H1745 kjohnson on DSK79L0C42 with BILLS