This bill amends federal law to prohibit the sale or disposition of firearms and ammunition to individuals convicted of a violent misdemeanor within the preceding five years. It expands the categories of persons to whom firearms cannot be sold, aiming to enhance public safety by restricting access for those with a recent history of violent, non-felonious conduct. This new prohibition is integrated into existing federal statutes governing firearm transfers and background checks. The legislation precisely defines a "violent misdemeanor" as an offense under Federal, State, tribal, or local law that includes as an element the use, attempted use, or threatened use of physical force or a deadly weapon , the intent to cause physical injury , or knowingly causing physical injury . Importantly, certain conditions apply: a person is not considered convicted for this purpose if they lacked legal representation or did not waive that right, or if their conviction was expunged, set aside, or pardoned, unless such restoration of rights explicitly prohibits firearm possession. The bill includes various conforming amendments to ensure consistency with existing firearm regulations, such as those in the Brady Handgun Violence Prevention Act. It clarifies that the new restrictions will not apply to convictions that occurred more than six months before the bill's enactment. Additionally, the Act explicitly states it does not alter existing domestic violence firearm prohibitions or limit the authority of State, tribal, or local laws.
This bill amends federal law to prohibit the sale or disposition of firearms and ammunition to individuals convicted of a violent misdemeanor within the preceding five years. It expands the categories of persons to whom firearms cannot be sold, aiming to enhance public safety by restricting access for those with a recent history of violent, non-felonious conduct. This new prohibition is integrated into existing federal statutes governing firearm transfers and background checks. The legislation precisely defines a "violent misdemeanor" as an offense under Federal, State, tribal, or local law that includes as an element the use, attempted use, or threatened use of physical force or a deadly weapon , the intent to cause physical injury , or knowingly causing physical injury . Importantly, certain conditions apply: a person is not considered convicted for this purpose if they lacked legal representation or did not waive that right, or if their conviction was expunged, set aside, or pardoned, unless such restoration of rights explicitly prohibits firearm possession. The bill includes various conforming amendments to ensure consistency with existing firearm regulations, such as those in the Brady Handgun Violence Prevention Act. It clarifies that the new restrictions will not apply to convictions that occurred more than six months before the bill's enactment. Additionally, the Act explicitly states it does not alter existing domestic violence firearm prohibitions or limit the authority of State, tribal, or local laws.