S.Amdt. 712
What it does: Adds SEC. ___. NO FIREARMS FOR FOREIGN FELONS ACT OF 2013 wherever appropriateWhat it changes
1 change to S. 649
Adds SEC. ___. NO FIREARMS FOR FOREIGN FELONS ACT OF 2013 wherever appropriate
Adds a sectionInserted: 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) Definitions.--
Inserted: (1) Courts.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
Inserted: "(36) The term 'any court' includes any Federal, State, or foreign court.".
Inserted: (2) Exclusion of certain felonies.--Section 921(a)(20) of title 18, United States Code, is amended--
Inserted: (A) in subparagraph (A), by striking "any Federal or State offenses" and inserting "any Federal, State, or foreign offenses";
Inserted: (B) in subparagraph (B), by striking "any State offense classified by the laws of the State" and inserting "any State or foreign offense classified by the laws of that jurisdiction"; and
Inserted: (C) in the matter following subparagraph (B), in the first sentence, by inserting before the period the following: ", except that a foreign conviction shall not constitute a conviction of such a crime if 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".
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
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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--
Inserted: (1) by striking "an offense under State law" and inserting "an offense under State or foreign law"; and
Inserted: (2) by inserting before the semicolon the following: ", except that a foreign conviction shall not constitute a conviction of such a crime if 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".
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 712. Mrs. FEINSTEIN (for herself, Mr. Whitehouse, Mr. Menendez, and Mr. Blumenthal) submitted an amendment intended to be proposed by her to the bill S. 649, to ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale, 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) Definitions.--
(1) Courts.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
“(36) The term ‘any court' includes any Federal, State, or foreign court.”.
(2) Exclusion of certain felonies.--Section 921(a)(20) of title 18, United States Code, is amended--
(A) in subparagraph (A), by striking “any Federal or State offenses” and inserting “any Federal, State, or foreign offenses”;
(B) in subparagraph (B), by striking “any State offense classified by the laws of the State” and inserting “any State or foreign offense classified by the laws of that jurisdiction”; and
(C) in the matter following subparagraph (B), in the first sentence, by inserting before the period the following: “, except that a foreign conviction shall not constitute a conviction of such a crime if 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”.
(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--
(1) by striking “an offense under State law” and inserting “an offense under State or foreign law”; and
(2) by inserting before the semicolon the following: “, except that a foreign conviction shall not constitute a conviction of such a crime if 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”.
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Senate amendment submitted
April 11, 2013