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Title IV — Mental health and access to firearms

H.R. 4783 · 113th Congress · May 30, 2014 · Lineage

IV Mental health and access to firearms

Sec. 401 Ban on firearm possession by person committed involuntarily to mental institution on an outpatient basis

Subsections (d)(4) and (g)(4) of section 922 of title 18, United States Code, are each amended by inserting “on an involuntary inpatient or involuntary outpatient basis” before the semicolon.

Sec. 402 Ban on firearm possession by person convicted of misdemeanor stalking; expansion of scope of misdemeanor crime of domestic violence

(a)
Ban on firearm possession by person convicted of misdemeanor stalking— Section 922 of title 18, United States Code, is amended—
(1)
in the first sentence of subsection (d)—
(A)
in paragraph (8)(ii), by striking “or” at the end;
(B)
in paragraph (9), by striking the period and inserting “; or”; and
(C)
by adding at the end the following:

“(10) has been convicted in any court of a misdemeanor crime of stalking.”

(2)
in subsection (g)—
(A)
in paragraph (8)(C)(ii), by striking “or” at the end;
(B)
in paragraph (9), by striking the comma and inserting “; or”; and
(C)
by inserting after paragraph (9) the following:

“(10) who has been convicted in any court of a misdemeanor crime of stalking,”

(b)
Definition of misdemeanor crime of stalking; expansion of scope of misdemeanor crime of domestic violence— Section 921(a)(33) of such title is amended by striking all that precedes subparagraph (B) and inserting the following:

“(33)

“(A) Except as provided in subparagraph (B):

“(i) The term “misdemeanor crime of domestic violence” means an offense that—

“(I) is a misdemeanor under Federal, State, or tribal law; and

“(II) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, child, grandparent, grandchild, sibling, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, by a dating partner (as defined in section 40002(a)(9) of the Violence Against Women Act of 1994), or by a person similarly situated to a spouse, parent, dating partner, or guardian of the victim.

“(ii) The term “misdemeanor crime of stalking” means an offense that—

“(I) is a misdemeanor under Federal, State, territorial, or tribal law; and

“(II) has, as an element, conduct prohibited by section 2261A or the threatened use of a deadly weapon, committed by a person against another person.”

Sec. 403 Expansion of definition of intimate partner

Section 921(a)(32) of title 18, United States Code, is amended by striking “the spouse” and all that follows and inserting “a current or former spouse, parent, child, grandparent, grandchild, sibling, or guardian of the person, an individual with whom the person shares a child in common, a person who is cohabiting with or has cohabited with the person as a spouse, parent, or guardian, a dating partner (as defined in section 40002(a)(9) of the Violence Against Women Act of 1994) of the person, or by a person similarly situated to a spouse, parent, dating partner, sibling, or guardian of the person.”.

Sec. 404 Grant program regarding firearms

Section 506(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756(b)) is amended—
(1)
by striking “1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary”;
(2)
by inserting before paragraph (1) the following:

“(1) 1 or more States or units of local government, for 1 or more of the purposes specified in section 501, pursuant to his determination that the same is necessary—”

(3)
by redesignating paragraph (1) as subparagraph (A);
(4)
in paragraph (2)—
(A)
by striking the period at the end and inserting “; or”; and
(B)
by redesignating paragraph (2) as subparagraph (B); and
(5)
by adding at the end the following:

“(2) 1 or more States, if that State has demonstrated, in the determination of the Attorney General, that the State has adopted policies, procedures, protocols, laws or regulations pertaining to the possession or transfer of firearms or ammunition that—

“(A)

“(i) give State and local law enforcement the authority, to the extent allowable under Federal laws and the United States Constitution, to seize firearms or ammunition from an individual pursuant to a warrant, where there is probable cause to believe that the individual in possession of such firearms or ammunition poses an elevated risk of harm to himself or herself or to another individual, which may be determined by considering whether the individual has caused harm to himself or herself or another individual, has detailed plans to cause harm to himself or herself or another individual, has a history of substance abuse, or lacks impulse control; and

“(ii) provide that not later than 14 days after such a seizure, an individual from whom a firearm or ammunition was so seized shall be given an opportunity to contest such seizure in court, and any firearm or ammunition so seized shall be returned to the individual, unless a State or local law enforcement officer demonstrates in court by a preponderance of the evidence that the individual from whom a firearm or ammunition was seized poses an elevated risk of harm to himself or herself or to another individual; or

“(B) temporarily prohibit an individual who has been involuntarily hospitalized for a period of not less than 48 hours for mental illness on an emergency basis, from possessing a firearm or ammunition;”

Sec. 405 Notification of State and local law enforcement authorities of attempt to purchase firearm by ineligible person

(a)
In general— The Attorney General shall establish a system for the prompt notification of the relevant State and local enforcement agencies when the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act notifies a licensed dealer that the information available to the system indicates that the possession of a firearm by an individual attempting to obtain a firearm from the licensed dealer would violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law, except when it is determined, on a case-by-case basis, that law enforcement purposes would best be served by not providing such a notice.
(b)
Definitions— In this section, the terms firearm and licensed dealer shall have the meanings given such terms in section 921(a) of title 18, United States Code.