HR 6258
Disarm Hate Act
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- Passed House
- Passed Senate
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Bill overview
The Disarm Hate Act expands restrictions on firearm ownership by prohibiting the sale or transfer, and possession, shipment, or transport of firearms to individuals who have been convicted of a misdemeanor hate crime or received an enhanced sentence for such a crime. The bill clarifies definitions related to ‘conviction’ and ‘enhanced sentence,’ and includes specific exceptions related to expungement, pardon, or restoration of civil rights. It also modifies existing regulations to explicitly prohibit firearms to those with the specified criminal history.
Key provisions
- Defines ‘convicted of a misdemeanor hate crime’ and ‘received an enhanced hate crime misdemeanor sentence’ with specific criteria.
- Prohibits the sale or transfer of firearms to individuals convicted of a misdemeanor hate crime or with an enhanced sentence.
- Prohibits the possession, shipment, and transport of firearms to individuals convicted of a misdemeanor hate crime or with an enhanced sentence.
- Includes exceptions for expunged or set-aside convictions and restored civil rights, unless the restoration explicitly prohibits firearm possession.
- Requires representation by counsel or knowing and intelligent waiver of counsel rights in relevant cases.
- Addresses jury trial rights and waivers.
- Modifies existing regulations to include the specified criminal history in firearm restrictions.
- Clarifies the definition of ‘convicted’ to include cases where a person knowingly and intelligently waived the right to counsel.
Who is affected
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119th CONGRESS — 1st Session
H. R. 6258
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Disarm Hate Act
.
is a misdemeanor under Federal, State, or tribal law;
does not include—
a conviction of an offense described in subparagraph (A), unless—
the person—
was represented by counsel in the case; or
knowingly and intelligently waived the right to counsel in the case; and
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—
the case was tried by a jury; or
the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise; or
a conviction of an offense described in subparagraph (A) if—
the conviction—
has been expunged or set aside; or
is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense); and
the pardon, expungement, or restoration of civil rights does not expressly provide that the person may not ship, transport, possess, or receive firearms.
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)(A)(ii); and
the imposition of a sentence described in subparagraph (A), unless—
the person—
was represented by counsel in the case; or
knowingly and intelligently waived the right to counsel in the case; and
if the sentence described in subparagraph (A) was imposed in a prosecution for an offense for which a person was entitled to a jury trial in the jurisdiction in which the case was tried—
the case was tried by a jury; or
the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise; or
the imposition of a sentence described in subparagraph (A) if—
the conviction of the offense for which the sentence was imposed has been expunged or set aside; or
the offense for which the sentence was imposed is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense); and
the pardon, expungement, or restoration of civil rights does not expressly provide that the person may not ship, transport, possess, or receive firearms.
Section 922(d) of such title is amended in the first sentence—
in paragraph (10), by striking or
at the end;
in paragraph (11)—
by redesignating such paragraph as paragraph (12); and
by striking through (10)
and inserting through (11)
; and
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