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II
113th CONGRESS
1st Session
S. 903
IN THE SENATE OF THE UNITED STATES
May 8, 2013
Mr. Reid (for
Mr. Lautenberg (for himself,
Mr. Schumer, Mr. Whitehouse, Mr.
Blumenthal, Mr. Durbin, and
Mr. Reed)) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
A BILL
To clarify State of residence requirements for aliens and
nonimmigrant requirements for purposes of chapter 44 of title 18, United States
Code.
1.
Short title
This Act may be cited as the
Alien Gun Violence Prevention Act of
2013.
2.
State of residence
clarification
Chapter 44 of
title 18, United States Code, is amended—
(1) in section 921, by adding at the end the
following:
(c) For purposes of
this chapter, an alien, as defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(3)), who is legally in the United States
shall be considered to be a resident of a State only if the alien—
(1) is residing in
the State; and
(2) has resided in
the State for not less than 90 days before the date of sale or delivery of a
firearm.
;
and
(2) in section 922—
(A) in subsection
(d)(5)(B), by striking (y)(2) and all that follows and inserting
(y), is in the United States not as an alien lawfully admitted for
permanent residence;;
(B) in subsection
(g)(5)(B), by striking (y)(2) and all that follows and inserting
(y), is in the United States not as an alien lawfully admitted for
permanent residence;; and
(C) in subsection
(y)—
(i) in
the heading by striking admitted under nonimmigrant visas and
inserting not lawfully
admitted for permanent residence;
(ii) in
paragraph (1), by amending subparagraph (B) to read as follows:
(B) the term lawfully admitted for
permanent residence has the same meaning as in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(20)).
;
(iii) in paragraph
(2), by striking under a nonimmigrant visa and inserting
but not lawfully admitted for permanent residence; and
(iv) in
paragraph (3)(A), by striking admitted to the United States under a
nonimmigrant visa and inserting lawfully admitted to the United
States but not as an alien lawfully admitted for permanent
residence.