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Text of the No Firearms for Foreign Felons Act of 2013

This bill was introduced on February 7, 2013, in a previous session of Congress, but was not enacted. The text of the bill below is as of Feb 7, 2013 (Introduced).

II

113th CONGRESS

1st Session

S. 261

IN THE SENATE OF THE UNITED STATES

February 7, 2013

(for herself,Mr. Schumer,Mr. Whitehouse,Mrs. Boxer,Mr. Menendez, andMr. Lautenberg) introduced the following bill; which was read twice and referred to theCommittee on the Judiciary

A BILL

To establish and clarify that Congress does not authorize persons convicted of dangerous crimes in foreign courts to freely possess firearms in the United States.

1.

Short title

This Act may be cited as the No Firearms for Foreign Felons Act of 2013 .

2.

No firearms for foreign felons

(a)

Definitions

(1)

Courts

Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

(36)

The termany courtincludes any Federal, State, or foreign court.

.

(2)

Exclusion of certain felonies

Section 921(a)(20) of title 18, United States Code, is amended—

(A)

insubparagraph (A), by strikingany Federal or State offensesand insertingany Federal, State, or foreign offenses;

(B)

insubparagraph (B), by strikingany State offense classified by the laws of the Stateand insertingany State or foreign offense classified by the laws of that jurisdiction; and

(C)

in the matter followingsubparagraph (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.

(b)

Domestic violence crimes

Section 921(a)(33) of title 18, United States Code, is amended—

(1)

insubparagraph (A)

(A)

in the matter precedingclause (i), by striking subparagraph (C) and inserting subparagraph (B) ; and

(B)

inclause (i)

(i)

by inserting (I) after (i) ;

(ii)

by strikingandand insertingor; 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)

insubparagraph (B)(ii), by strikingif the conviction hasand 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

.

(c)

Penalties

Section 924(e)(2)(A)(ii) of title 18, United States Code, is amended—

(1)

by strikingan offense under State lawand insertingan 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.