Section 1 Short title
This Act may be cited as the “Hate Crimes Prevention Act”.
Hate Crimes Prevention Act
A BILL
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.
Sec. 2 Prevention of 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
Definitions— Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
“(36) The term misdemeanor hate crime means an offense that—
“(A) is a misdemeanor under Federal, State, or tribal law; and
“(B) 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(c)(4)), or disability of any person.
“(37) The term enhanced hate crime misdemeanor sentence means a sentence imposed for a misdemeanor, based, in whole or in part, on a judicial finding that the conduct of the offender was motivated, in whole or in part, by hate or bias for any reason referred to in paragraph (36).”
Prohibition on sale or other disposition of firearm— Section 922(d) of such title is amended in the 1st sentence—
in paragraph (8), by striking “or” at the end;
in paragraph (9), by striking the period and inserting “; or”; and
by adding at the end the following:
“(10) has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence.”
Prohibition on possession, shipment, or transport of firearm— Section 922(g) of such title is amended—
in paragraph (8), by striking “or” at the end;
in paragraph (9), by striking the comma and inserting “; or”; and
by inserting after paragraph (9) the following:
“(10) who has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence,”