115th CONGRESS 1st Session |
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.
October 31, 2017
Mr. Himes (for himself, Ms. Norton, Ms. Wasserman Schultz, and Mrs. Torres) introduced the following bill; which was referred to the Committee on the Judiciary
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,
This Act may be cited as the “Lori Jackson Domestic Violence Survivor Protection 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—
(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
(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 due process rights of the person;
“(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
(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”.