Sec. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE
675 words·~3 min read·
/statute-compilations/comps-10824/sec-110401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 110401 PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE ###
(a)Intimate Partner Defined Section 921(a) of title 18, United States Code, as amended by section 110103(b), is amended by inserting at the end the following new paragraph: > > #### “(32) > > The term ‘**intimate partner**’ means, with respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.” > . ###
(b)Prohibition Against Disposal of Firearms Section 922(d) of title 18, United States Code, is amended— ####
(1)by striking “or” at the end of paragraph (6); ####
(2)by striking the period at the end of paragraph
(7)and inserting “; or”; and ####
(3)by inserting after paragraph
(7)the following new paragraph: > > #### “(8) > > is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that— > > > ##### “(A) > > was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and > > > ##### “(B) > > > ######
(i)> > includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or > > > ###### “(ii) > > by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.” > . ###
(c)Prohibition Against Receipt of Firearms Section 922(g) of title 18, United States Code, is amended— ####
(1)by striking “or” at the end of paragraph (6); ####
(2)by inserting “or” at the end of paragraph (7); and ####
(3)by inserting after paragraph
(7)the following: > > #### “(8) > > who is subject to a court order that— > > > ##### “(A) > > was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; > > > ##### “(B) > > restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and > > > ##### “(C) > > > ######
(i)> > includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or > > > ###### “(ii) > > by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury,” > . ###
(d)Storage of Firearms Section 926(a) of title 18, United States Code, is amended— ####
(1)by striking “and” at the end of paragraph (1); ####
(2)by striking the period at the end of paragraph
(2)and inserting “; and”; and ####
(3)by inserting after paragraph
(2)the following: > > #### “(3) > > regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.” > . ###
(e)Return of Firearms Section 924(d)(1) of title 18, United States Code, is amended by striking “the seized” and inserting “or lapse of or court termination of the restraining order to which he is subject, the seized or relinquished”. ## Subtitle E Gun Crime Penalties