Sec. 2. Persons subject to firearm restraining orders and persons convicted of violent misdemeanors prohibited from possessing firearms
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/bill/116/hr/1745/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 922 of title 18, United States Code, is amended— in subsection (d)— in paragraph (8), by striking or at the end; in paragraph (9), by striking the period at the end and inserting a semicolon; and by inserting after paragraph
(9)the following: is subject to a court order that— is temporary in nature, and may be renewed for additional temporary periods; requires the removal of firearms from the subject of the order, including requiring the subject to surrender firearms in his or her control, ownership, or possession to a law enforcement officer, a federally licensed firearm dealer, or third party; includes a finding that the subject of the order poses a risk of personal injury to such person or other persons; and was initiated by a law enforcement officer, a prosecutor, a current or former spouse, parent, or guardian of the subject of the order, by a person with whom the subject shares a child in common, by a person who has cohabited with the subject as a spouse, parent, or guardian, by a person similarly situated to a spouse, parent, or guardian of the subject, or by a person with whom the subject of the order cohabits; or except as provided in paragraph (9), during the previous 5-year period, has been convicted of a misdemeanor crime of violence. ; in subsection (g)— in paragraph (8), by striking or at the end; in paragraph (9), by striking the comma at the end and inserting a semicolon; and by inserting after paragraph
(9)the following: who is subject to a court order that— is temporary in nature, and may be renewed for additional temporary periods; requires the removal of firearms from the subject of the order, including requiring the subject to surrender firearms in his or her control, ownership, or possession to a law enforcement officer, a federally licensed firearm dealer, or third party; includes a finding that the subject of the order poses a risk of personal injury to such person or other persons; and was initiated by a law enforcement officer, a prosecutor, a current or former spouse, parent, or guardian of the subject of the order, by a person with whom the subject shares a child in common, by a person who has cohabited with the subject as a spouse, parent, or guardian, by a person similarly situated to a spouse, parent, or guardian of the subject, or by a person with whom the subject of the order cohabits; or except as provided in paragraph (9), during the previous 5-year period, has been convicted of a misdemeanor crime of violence, ; and in subsection (s)— in paragraph (1)(B), by striking member of the household and inserting family or household member ; and in paragraph (8)— by striking subsection and all that follows through such individual. and inserting subsection— ; and by adding at the end the following: the term chief law enforcement officer means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual; and the term family or household member means, with respect to a transferee, any— parent, spouse, sibling, or child related by blood, marriage, or adoption to the transferee; dating partner of the transferee; individual who has a child in common with the transferee, regardless of whether the individual has— been married to the transferee; or lived together with the transferee at any time; individual who resides or has resided with the transferee during the past year; domestic partner of the transferee; individual who has a legal parent-child relationship with the transferee, including a stepparent-stepchild and grandparent-grandchild relationship; and individual who is acting or has acted as the legal guardian of the transferee. . Section 921(a) of title 18, United States Code, is amended by adding at the end the following: The term misdemeanor crime of violence means a crime of violence (as such term is defined in section 16(a)), which is a misdemeanor under Federal, State, or Tribal law. . The amendments made by this section shall apply with respect to court orders entered on or after the date of the enactment of this Act.