Sponsors (5)
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Bars the sale or other transfer of a firearm or ammunition to anyone who has been convicted of a “violent misdemeanor” within the prior five years and adds a new legal definition of “violent misdemeanor.” It updates federal firearms and background-check statutes so the new five-year disqualification is enforced, clarifies which prior misdemeanor convictions count (excluding expunged/pardoned convictions unless explicitly preserved), and delays application of the change for convictions that occurred before six months after enactment. The bill also clarifies it does not change existing disqualification rules or limit state, tribal, or local firearms laws.
Amend the first sentence of 18 U.S.C. §922(d) by striking "or" at the end of paragraph (10).
Amend the first sentence of 18 U.S.C. §922(d) by striking the period at the end of paragraph (11) and inserting "; and".
Add new paragraph (12) to the first sentence of 18 U.S.C. §922(d) stating that a person who has been convicted in any court of a violent misdemeanor within the preceding 5 years is covered by the prohibition on sale or other disposition of a firearm or ammunition to that person.
Adds a new paragraph (38) to 18 U.S.C. 921(a) creating the term “violent misdemeanor.”
For an offense to be a “violent misdemeanor” it must be a misdemeanor under Federal, State, tribal, or local law.
Who is affected and how:
People with recent violent-misdemeanor convictions: Individuals convicted of qualifying violent misdemeanors within the past five years will be barred from federally regulated purchases or transfers of firearms and ammunition. The ban focuses on recent convictions; many older, expunged, pardoned, or rights-restored convictions will not count unless the record explicitly preserves firearm disqualification.
Sellers and federal firearms licensees (FFLs): Dealers and other transferors must check eligibility and refuse transfers when the purchaser has a qualifying conviction. This increases their reliance on accurate background-check results and may raise their need to examine case records in ambiguous situations.
Background-check systems and federal agencies (NICS and reporting entities): Agencies will need to ensure the five-year rule is reflected in automated checks and guidance, and handle any uptick in denials. They may also need clearer reporting from courts about counsel/waiver and post-conviction relief status.
State, tribal, and local courts and record-keepers: Courts may see additional requests for records showing whether counsel was provided or whether a conviction was expunged/pardoned; record-keeping practices may need adjustment to make relevant information available for background checks.
Public safety and community impact: Supporters may argue the rule will reduce access to firearms by people with recent violent convictions and thereby reduce risk; opponents may argue it expands firearms prohibitions, could ensnare people with minor convictions depending on the statutory definition, and could raise constitutional challenges under the Second Amendment or due process concerns about record standards.
Legal and administrative effects: The rule narrows some prior-conviction categories by excluding expunged/pardoned/restored convictions and requiring evidence of counsel on the record, which may limit its reach compared with a broader misdemeanor bar. The six-month non-retroactivity window reduces immediate disruption for many already-convicted individuals.
Net effect: The bill tightens firearm access rules for people with recent violent-misdemeanor convictions while building in procedural limits (definition, record requirements, non-retroactivity) intended to exclude certain older or legally altered convictions. It shifts some administrative burden to sellers, background-check systems, and courts to verify conviction details.
Amends subsection (t) by modifying paragraphs (1)(B)(ii), (2), (4), and (5) to replace text beginning with the word "receipt" through the end of the existing text with the single insertion "subsection (g)".
Amends subsection (d)(1)(B) by replacing the phrase "section 922(g) and (n) of this chapter" with new language referencing subsections (g) and (n) of section 922 and adding an explicit exclusion for persons to whom the knowing sale or disposition of a firearm or ammunition is prohibited by section 922(d).
Amends section 925A by inserting additional text into paragraph (2) (the amendment text in the provided section is truncated and does not show the inserted language).
Makes multiple conforming edits in section 103 of the Brady Handgun Violence Prevention Act: (1) in subsection (e)(1)(A) replaces text beginning "for whom" through subsequent text with "subsection (g)"; (2) in subparagraphs (F)(iii)(I) and (G)(i) replaces "(g)" with "(d), (g),"; (3) in subsection (g) replaces the phrase "receipt of a firearm by a prospective transferee would violate subsection (g)" with language referencing "the knowing sale or disposition of a firearm to, or the possession or receipt of a firearm by, a prospective transferee would violate subsection (d), (g),"; and (4) in subsection (i)(2) replaces specified prohibitory language referencing 922(g) or (n) with language referencing prohibitions under subsections (d), (g), or (n) of section 922.
Amends section 101(b) of the NICS Improvement Amendments Act of 2007 by replacing references to disqualification under subsection (g) with language that references prohibitions under subsection (d) and (g). Specifically, paragraph (1)(A) is amended to replace "a person is disqualified from possessing or receiving a firearm under subsection (g)" with language stating "the knowing sale or disposition of a firearm to, or the possession or receipt of a firearm by, a person is prohibited under subsection (d), (g),"; and paragraph (2)(A) is similarly amended with parallel language referring to members of the Armed Forces.
Amends section 102 of the NICS Improvement Amendments Act of 2007 by (1) inserting unspecified text in subsection (b)(3) at a designated location and (2) replacing references to "subsection (g)" with "subsection (d), (g),"; and (3) inserting unspecified text into subsection (c)(1)(A) (the amendment text in the provided section is truncated and some insertion text is not shown).
Adds a new paragraph (38) to 18 U.S.C. 921(a) that defines the term "violent misdemeanor" and sets conditions under which a conviction counts for purposes of the chapter (counsel/waiver, jury-trial entitlement, expungement/pardon/civil-rights restoration exceptions).
Amends the 1st sentence of 18 U.S.C. 922(d) by modifying punctuation in paragraphs (10) and (11) and adding a new paragraph (12) that disqualifies persons convicted of a violent misdemeanor within the preceding 5 years from purchase or receipt of a firearm or ammunition.
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Referred to the House Committee on the Judiciary.
Introduced April 3, 2025 by Joseph Neguse · Last progress April 3, 2025
Referred to the House Committee on the Judiciary.
Introduced in House