Legislation from United States of America House of Representatives

Disarm Hate Act

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Title:

Disarm Hate Act

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05/14/19

Introduced

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Introduced in House

Date: May 14, 2019

Content
Code:
116.HR.2708
Subject:
Crime and Law Enforcement
Disarm Hate Act
Date: May 14, 2019 Official Title: To prevent a person who has been convicted of a misdemeanor hate crime, or received an enhanced sentence for a misdemeanor because of hate or bias in its commission, from obtaining a firearm.Short title This Act may be cited as the "Disarm Hate Act".Definitions Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
  • (36) The term
    • (A) means being convicted by a court of an offense that
      • (i) is a misdemeanor under Federal, State, or tribal law;
      • (ii) has, as an element, that the conduct of the offender was motivated by hate or bias because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity (as defined in section 249), or disability of any person; and
      • (iii) involves the use or attempted use of physical force, the threatened use of a deadly weapon, or other credible threat to the physical safety of any person; and
    • (B) does not include
      • (i) a conviction of an offense described in subparagraph (A), unless
        • (I) the person
        • (II) in the case of a prosecution for an offense described in subparagraph (A) for which a person was entitled to a jury trial in the jurisdiction in which the case was tried
      • (ii) a conviction of an offense described in subparagraph (A) if
        • (I) the conviction
        • (II) the pardon, expungement, or restoration of civil rights does not expressly provide that the person may not ship, transport, possess, or receive firearms.
  • (37) The term
    • (A) means a court has imposed a sentence for a misdemeanor under Federal, State, or tribal law
      • (i) that involves the use or attempted use of physical force, the threatened use of a deadly weapon, or other credible threat to the physical safety of any person; and