S.Amdt. 1413Senate113th Congress (2013-2015)

S.Amdt. 1413

What it does: Adds SEC. ___. NO FIREARMS FOR FOREIGN FELONS ACT OF 2013 wherever appropriate
Submitted June 19, 2013

What it changes

1 change to S. 744

Adds a section
  1. Adds SEC. ___. NO FIREARMS FOR FOREIGN FELONS ACT OF 2013 wherever appropriate

    Adds a section

    Inserted: SEC. ___. NO FIREARMS FOR FOREIGN FELONS ACT OF 2013.

    Inserted: (a) Short Title.--This section may be cited as the "No Firearms for Foreign Felons Act of 2013".

    Inserted: (b) Felonies.--Section 921(a) of title 18, United States Code, is amended--

    Inserted: (1) in paragraph (20)--

    Inserted: (A) in the matter preceding subparagraph (A), by inserting "includes a covered foreign felony and" before "does not include";

    Inserted: (B) subparagraph (A)--

    Inserted: (i) by striking "any Federal or State offenses" and inserting "any Federal offense, State offense, or covered foreign felony"; and

    Inserted: (ii) by striking ", or" at the end and inserting a semicolon;

    Inserted: (C) in subparagraph (B)--

    Inserted: (i) by striking "any State offense classified by the laws of the State" and inserting "any State offense or covered foreign felony classified by the laws of that jurisdiction"; and

    Inserted: (ii) by striking the period at the end and inserting "; or"; and

    Inserted: (D) by inserting after subparagraph (B) the following:

    Show 20 more inserted paragraphs

    Inserted: "(C) any offense under the law of another country that is not a covered foreign felony."; and

    Inserted: (2) by adding at the end the following:

    Inserted: "(36) The term 'any court' includes any Federal, State, or foreign court.

    Inserted: "(37) The term 'covered foreign felony'--

    Inserted: "(A) means an offense under the law of another country that--

    Inserted: "(i) is punishable by a term of imprisonment of more than 1 year under the law of the other country; and

    Inserted: "(ii) involves conduct which, if committed in the United States, would constitute an offense under Federal or State law that is punishable by a term of imprisonment of more than 1 year; and

    Inserted: "(B) does not include any offense as to which the convicted person establishes that the conviction for the offense resulted from a denial of fundamental fairness that would violate due process if committed in the United States.".

    Inserted: (c) Domestic Violence Crimes.--Section 921(a)(33) of title 18, United States Code, is amended--

    Inserted: (1) in subparagraph (A)--

    Inserted: (A) in the matter preceding clause (i), by striking "subparagraph (C)" and inserting "subparagraph (B)"; and

    Inserted: (B) in clause (i)--

    Inserted: (i) by inserting "(I)" after "(i)";

    Inserted: (ii) by striking "and" and inserting "or"; and

    Inserted: (iii) by adding at the end the following:

    Inserted: "(II) is a crime under foreign law that is punishable by imprisonment for a term of not more than 1 year; and"; and

    Inserted: (2) in subparagraph (B)(ii), by striking "if the conviction has" and inserting the following: "if the conviction--

    Inserted: "(I) occurred in a foreign jurisdiction and the convicted person establishes that the foreign conviction resulted from a denial of fundamental fairness that would violate due process if committed in the United States or from conduct that would be legal if committed in the United States; or

    Inserted: "(II) has".

    Inserted: (d) Penalties.--Section 924(e)(2)(A)(ii) of title 18, United States Code, is amended by inserting "or a covered foreign felony" after "an offense under State law".

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1413. Mrs. FEINSTEIN (for herself, Mr. Whitehouse, Mr. Blumenthal, and Mrs. Boxer) submitted an amendment intended to be proposed by her to the bill S. 744, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. NO FIREARMS FOR FOREIGN FELONS ACT OF 2013.

(a) Short Title.--This section may be cited as the “No Firearms for Foreign Felons Act of 2013”.

(b) Felonies.--Section 921(a) of title 18, United States Code, is amended--

(1) in paragraph (20)--

(A) in the matter preceding subparagraph (A), by inserting “includes a covered foreign felony and” before “does not include”;

(B) subparagraph (A)--

(i) by striking “any Federal or State offenses” and inserting “any Federal offense, State offense, or covered foreign felony”; and

(ii) by striking “, or” at the end and inserting a semicolon;

(C) in subparagraph (B)--

(i) by striking “any State offense classified by the laws of the State” and inserting “any State offense or covered foreign felony classified by the laws of that jurisdiction”; and

(ii) by striking the period at the end and inserting “; or”; and

(D) by inserting after subparagraph (B) the following:

“(C) any offense under the law of another country that is not a covered foreign felony.”; and

(2) by adding at the end the following:

“(36) The term ‘any court' includes any Federal, State, or foreign court.

“(37) The term ‘covered foreign felony'--

“(A) means an offense under the law of another country that--

“(i) is punishable by a term of imprisonment of more than 1 year under the law of the other country; and

“(ii) involves conduct which, if committed in the United States, would constitute an offense under Federal or State law that is punishable by a term of imprisonment of more than 1 year; and

“(B) does not include any offense as to which the convicted person establishes that the conviction for the offense resulted from a denial of fundamental fairness that would violate due process if committed in the United States.”.

(c) Domestic Violence Crimes.--Section 921(a)(33) of title 18, United States Code, is amended--

(1) in subparagraph (A)--

(A) in the matter preceding clause (i), by striking “subparagraph (C)” and inserting “subparagraph (B)”; and

(B) in clause (i)--

(i) by inserting “(I)” after “(i)”;

(ii) by striking “and” and inserting “or”; and

(iii) by adding at the end the following:

“(II) is a crime under foreign law that is punishable by imprisonment for a term of not more than 1 year; and”; and

(2) in subparagraph (B)(ii), by striking “if the conviction has” and inserting the following: “if the conviction--

“(I) occurred in a foreign jurisdiction and the convicted person establishes that the foreign conviction resulted from a denial of fundamental fairness that would violate due process if committed in the United States or from conduct that would be legal if committed in the United States; or

“(II) has”.

(d) Penalties.--Section 924(e)(2)(A)(ii) of title 18, United States Code, is amended by inserting “or a covered foreign felony” after “an offense under State law”.

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Senate amendment submitted

June 19, 2013