Section 1 Short title
This Act may be cited as the “Preventing Victims of Stalking Act of 2013”.
Preventing Victims of Stalking Act of 2013
A BILL
To ban guns for persons who have been convicted of stalking or who are subject to a court order restraining the person from stalking.
Sec. 2 Prohibitions
Sales or other dispositions of firearms or ammunition— Section 922(d) of title 18, United States Code, is amended in the 1st sentence, by striking paragraphs (8) and (9) and inserting the following:
“(8) is subject to a court order that restrains the person from harassing, stalking, or threatening an individual or engaging in other conduct that would place an individual in reasonable fear of bodily injury, except that this paragraph shall only apply to a court order that—
“(A) was issued after a hearing of which the person received actual notice, and at which the person had the opportunity to participate; and
“(B)
“(i) includes a finding that the person represents a credible threat to the physical safety of the individual; or
“(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the individual that would reasonably be expected to cause bodily injury; or
“(9) has been convicted in any court of a misdemeanor crime of domestic violence or of stalking (as defined under State law).”
Possession, etc., of firearms or ammunition— Section 922(g) of such title is amended by striking paragraphs (8) and (9) and inserting the following::
“(8) who is subject to a court order that—
“(A) was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
“(B) restrains the person from harassing, stalking, or threatening an individual or engaging in other conduct that would place an individual in reasonable fear of bodily injury; and
“(C)
“(i) includes a finding that the person represents a credible threat to the physical safety of the individual; or
“(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the individual that would reasonably be expected to cause bodily injury; or
“(9) who has been convicted in any court of a misdemeanor crime of domestic violence or of stalking (as defined under State law),”
Effective date— The amendments made by this section shall apply to conduct engaged after the 90-day period that begins with the date of the enactment of this Act.