,,ii  #aafth ,,congress  #ast ,session  
,s4 #adfb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ad1      
#bjai,mr4 ,casey 7for himself1 ,ms4     
,baldwin1 ,mr4 ,blumenthal1 ,mr4        
,booker1 ,mr4 ,cardin1 ,ms4 ,harris1    
,ms4 ,klobuchar1 ,mr4 ,markey1 ,mr4     
,murphy1 ,mr4 ,van ,hollen1 ,mr4        
,whitehouse1 and ,mr4 ,wyden7 introduced
 the following bill2 which was read     
twice and referred to the ,committee on 
the ,judiciary  ,a ,,bill  ,to prevent a
 person who has been convicted of a     
misdemeanor hate crime1 or received an  
enhanced sentence for a misdemeanor     
because of hate or bias in its          
commission1 from obtaining a firearm4   
#a4 ,short title ,this ,act may be cited
 as the ,disarm ,hate ,act4  #b4        
,prevention of person who has been      
convicted of a misdemeanor hate crime1  
or received an enhanced sentence for a  
misdemeanor because of hate or bias in  
its commission1 from obtaining a firearm
  7a7 ,definitions ,section #iba7;a7 of 

title #ah1 ,united ,states ,code1 is    
amended by adding at the end the        
following3  7#cf7 ,the term convicted in
 any court of a misdemeanor hate crime--
 7,a7 means being convicted by a court  
of an offense that--  7i7 is a          
misdemeanor under ,federal1 ,state1 or  
tribal law2  7ii7 has1 as an element1   
that the conduct of the offender was    
motivated by hate or bias because of the
 actual or perceived race1 color1       
religion1 national origin1 gender1      
sexual orientation1 gender identity 7as 
defined in section #bdi71 or disability 
of any person2 and  7iii7 involves the  
use or attempted use of physical force1 
the threatened use of a deadly weapon1  
or other credible threat to the physical
 safety of any person2 and  7,b7 does   
not include-- 7i7 a conviction of an    
offense described in subparagraph 7,a71 
unless--  7,i7 the person-- 7aa7 was    
represented by counsel in the case2 or  
7bb7 knowingly and intelligently waived 
the right to counsel in the case2 and   

7,,ii7 in the case of a prosecution for 
an offense described in subparagraph    
7,a7 for which a person was entitled to 
a jury trial in the jurisdiction in     
which the case was tried--  7aa7 the    
case was tried by a jury2 or  7bb7 the  
person knowingly and intelligently      
waived the right to have the case tried 
by a jury1 by guilty plea or otherwise2 
or  7ii7 a conviction of an offense     
described in subparagraph 7,a7 if-- 7,i7
 the conviction--  7aa7 has been        
expunged or set aside2 or  7bb7 is an   
offense for which the person has been   
pardoned or has had civil rights        
restored 7if the law of the applicable  
jurisdiction provides for the loss of   
civil rights under such an offense72 and
  7,,ii7 the pardon1 expungement1 or    
restoration of civil rights does not    
expressly provide that the person may   
not ship1 transport1 possess1 or receive
 firearms4  7#cg7 ,the term received    
from any court an enhanced hate crime   
misdemeanor sentence-- 7,a7 means a     

court has imposed a sentence for a      
misdemeanor under ,federal1 ,state1 or  
tribal law--  7i7 that involves the use 
or attempted use of physical force1 the 
threatened use of a deadly weapon1 or   
other credible threat to the physical   
safety of any person2 and  7ii7 based1  
in whole or in part1 on a judicial      
finding that the conduct of the offender
 was motivated1 in whole or in part1 by 
hate or bias for any reason referred to 
in paragraph 7#cf77;,a77ii72 and  7,b7  
does not include-- 7i7 the imposition of
 a sentence described in subparagraph   
7,a71 unless--  7,i7 the person-- 7aa7  
was represented by counsel in the case2 
or  7bb7 knowingly and intelligently    
waived the right to counsel in the case2
 and  7,,ii7 if the sentence described  
in subparagraph 7,a7 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--  7aa7 the case was tried by a   
jury2 or  7bb7 the person knowingly and 

intelligently waived the right to have  
the case tried by a jury1 by guilty plea
 or otherwise2 or  7ii7 the imposition  
of a sentence described in subparagraph 
7,a7 if-- 7,i7 7aa7 the conviction of   
the offense for which the sentence was  
imposed has been expunged or set aside2 
or  7bb7 the offense for which the      
sentence was imposed is an offense for  
which the person has been pardoned or   
has had civil rights restored 7if the   
law of the applicable jurisdiction      
provides for the loss of civil rights   
under such an offense72 and  7,,ii7 the 
pardon1 expungement1 or restoration of  
civil rights does not expressly provide 
that the person may not ship1 transport1
 possess1 or receive firearms4  4  7b7  
,prohibition on sale or other           
disposition of firearm ,section #ibb7;d7
 of title #ah1 ,united ,states ,code1 is
 amended-- 7#a7 in paragraph 7#h71 by   
striking or at the end2  7#b7 in        
paragraph 7#i71 by striking the period  
and inserting 2 or2 and  7#c7 by        

inserting after paragraph 7#i7 the      
following3  7#aj7 has been convicted in 
any court of a misdemeanor hate crime1  
or has received from any court an       
enhanced hate crime misdemeanor         
sentence4  4  7c7 ,prohibition on       
possession1 shipment1 or transport of   
firearm ,section #ibb7;g7 of title #ah1 
,united ,states ,code1 is amended-- 7#a7
 in paragraph 7#h71 by striking or at   
the end2  7#b7 in paragraph 7#i71 by    
striking the comma and inserting 2 or2  
and  7#c7 by inserting after paragraph  
7#i7 the following3  7#aj7 who has been 
convicted in any court of a misdemeanor 
hate crime1 or has received from any    
court an enhanced hate crime misdemeanor
 sentence1  4