S. 261 — Introduced in Senate

II 113th CONGRESS 1st Session S. 261 IN THE SENATE OF THE UNITED STATES February 7, 2013 Mrs. Feinstein (for herself, Mr. Schumer, Mr. Whitehouse, Mrs. Boxer, Mr. Menendez, and Mr. Lautenberg) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish and clarify that Congress does not authorize persons convicted of dangerous crimes in foreign courts to freely possess firearms in the United States. 1. Short title This Act may be cited as the No Firearms for Foreign Felons Act of 2013. 2. No firearms for foreign felons (a) Definitions (1) Courts Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) The term any court includes any Federal, State, or foreign court. . (2) Exclusion of certain felonies Section 921(a)(20) of title 18, United States Code, is amended— (A) in subparagraph (A), by striking any Federal or State offenses and inserting any Federal, State, or foreign offenses; (B) in subparagraph (B), by striking any State offense classified by the laws of the State and inserting any State or foreign offense classified by the laws of that jurisdiction; and (C) in the matter following subparagraph (B), in the first sentence, by inserting before the period the following: , except that a foreign conviction shall not constitute a conviction of such a crime if the convicted person establishes that the foreign conviction resulted from a denial of fundamental fairness that would violate due process if committed in the United States or from conduct that would be legal if committed in the United States. (b) Domestic violence crimes Section 921(a)(33) of title 18, United States Code, is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking subparagraph (C) and inserting subparagraph (B); and (B) in clause (i)— (i) by inserting (I) after (i); (ii) by striking and and inserting or; and (iii) by adding at the end the following: (II) is a crime under foreign law that is punishable by imprisonment for a term of not more than 1 year; and ; and (2) in subparagraph (B)(ii), by striking if the conviction has and inserting the following: if the conviction— (I) occurred in a foreign jurisdiction and the convicted person establishes that the foreign conviction resulted from a denial of fundamental fairness that would violate due process if committed in the United States or from conduct that would be legal if committed in the United States; or (II) has . (c) Penalties Section 924(e)(2)(A)(ii) of title 18, United States Code, is amended— (1) by striking an offense under State law and inserting an offense under State or foreign law; and (2) by inserting before the semicolon the following: , except that a foreign conviction shall not constitute a conviction of such a crime if the convicted person establishes that the foreign conviction resulted from a denial of fundamental fairness that would violate due process if committed in the United States or from conduct that would be legal if committed in the United States.