,,ii #aafth ,,congress #b;d ,session ,s4 #dbga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bb1 #bjbj,mr4 ,kaine 7for himself and ,mr4 ,warner7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to reform ,federal firearms laws1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,virginia ,plan to ,reduce ,gun ,violence ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,firearm ,sales,sec4 #aja4 ,firearms transfers4,sec4 #ajb4 ,handgun sales4,title ,,ii--,extreme ,risk ,protection ,orders,sec4 #bja4 ,definitions4,sec4 #bjb4 ,extreme risk protection grant program4,sec4 #bjc4 ,national extreme risk protection order law4,sec4 #bjd4 ,federal firearms prohibition4,sec4 #bje4 ,full faith and credit4,title ,,iii--,firearm ,safety ,requirements,sec4 #cja4 ,reporting lost or stolen firearms4,sec4 #cjb4 ,access to firearms by minors4,sec4 #cjc4 ,prohibiting persons convicted of misdemeanor crimes against dating partners and persons subject to protection orders4,sec4 #cjd4 ,prohibiting stalkers and individuals subject to court order from possessing a firearm4 ,i ,firearm ,sales #aja4 ,firearms transfers 7a7 ,offense ,section #ibb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7aa7 7#a7 7,a7 ,it shall be unlawful for any person who is not a licensed importer1 licensed manufacturer1 or licensed dealer to transfer a firearm to any other person who is not so licensed1 unless a licensed importer1 licensed manufacturer1 or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection 7t74 7,b7 ,upon taking possession of a firearm under subparagraph 7,a71 a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee4 7,c7 ,if a transfer of a firearm described in subparagraph 7,a7 will not be completed for any reason after a licensee takes possession of the firearm 7including because the transfer of the firearm to1 or receipt of the firearm by1 the transferee would violate this chapter71 the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter4 7#b7 ,paragraph 7#a7 shall not apply to-- 7,a7 a law enforcement agency or any law enforcement officer1 armed private security professional1 or member of the armed forces1 to the extent the officer1 professional1 or member is acting within the course and scope of employment and official duties2 7,b7 a transfer that is a loan or bona fide gift between spouses1 between domestic partners1 between parents and their children1 including step-parents and their step-children1 between siblings1 between aunts or uncles and their nieces or nephews1 or between grandparents and their grandchildren2 7,c7 a transfer to an executor1 administrator1 trustee1 or personal representative of an estate or a trust that occurs by operation of law upon the death of another person2 7,d7 a temporary transfer that is necessary to prevent imminent death or great bodily harm1 if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm1 including the harm of domestic violence1 dating partner violence1 sexual assault1 stalking1 and domestic abuse2 7,e7 a transfer that is approved by the ,attorney ,general under section #ehab of the ,internal ,revenue ,code of #aihf2 or 7,f7 a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under ,state or ,federal law1 and the transfer takes place and the transferee's possession of the firearm is exclusively-- 7i7 at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting2 7ii7 while reasonably necessary for the purposes of hunting1 trapping1 or fishing1 if the transferor-- 7,i7 has no reason to believe that the transferee intends to use the firearm in a place where it is illegal2 and 7,,ii7 has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting1 trapping1 or fishing2 or 7iii7 while in the presence of the transferor4 7#c7 7,a7 ,notwithstanding any other provision of this chapter1 the ,attorney ,general may implement this subsection with regulations4 7,b7 ,regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph 7#a74 7,c7 ,regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks or firearms transfers4 7,d7 ,regulations promulgated under this paragraph may not include any provision placing a cap on the fee licensees may charge to facilitate transfers in accordance with paragraph 7#a74 7#d7 ,it shall be unlawful for a licensed importer1 licensed manufacturer1 or licensed dealer to transfer possession of1 or title to1 a firearm to another person who is not so licensed unless the importer1 manufacturer1 or dealer has provided such other person with a notice of the prohibition under paragraph 7#a71 and such other person has certified that such other person has been provided with this notice on a form prescribed by the ,attorney ,general4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect #ahj days after the date of enactment of this ,act4 #ajb4 ,handgun sales 7a7 ,limitation on multiple handgun purchases ,section #ibb of title #ah1 ,united ,states ,code1 as amended by section #aja1 is amended by adding at the end the following3 7bb7 7#a7 ,except as provided in paragraph 7#b71 it shall be unlawful for any person who is not a licensed importer1 licensed manufacturer1 or licensed dealer to purchase more than #a handgun in a #cj-;day period4 7#b7 ,paragraph 7#a7 shall not apply to-- 7,a7 an individual with a certificate issued by a law enforcement agency of the ,state in which the individual resides certifying the individual has passed an enhanced background check2 7,b7 a law enforcement agency or law enforcement officer or member of the armed forces1 to the extent the officer1 professional1 or member is acting within the course and scope of employment and official duties2 7,c7 a ,state or local correctional facility2 7,d7 a private security company licensed by the ,state or unit of local government in which the company operates2 or 7,e7 the purchase of a handgun that is-- 7i7 an antique firearm2 or 7ii7 listed as a curio or relic by the ,attorney ,general pursuant to section #iba7;a77#ac7 by a licensed collector4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect #ahj days after the date of enactment of this ,act4 ,,ii ,extreme ,risk ,protection ,orders #bja4 ,definitions ,in this title3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or ,indian ,tribe-- 7i7 that enacts legislation described in section #bjc2 7ii7 with respect to which the ,attorney ,general determines that the legislation described in clause 7i7 complies with the requirements of section #bjc2 and 7iii7 that certifies to the ,attorney ,general that the ,state or ,indian ,tribe shall-- 7,i7 use the grant for the purposes described in section #bjb7;b72 and 7,,ii7 allocate not less than #be percent of the amount received under a grant under section #bjb for training for law enforcement officers2 or 7,b7 a unit of local government or other public or private entity that-- 7i7 is located in a ,state or in the territory under the jurisdiction of an ,indian ,tribe that meets the requirements described in clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7ii7 certifies to the ,attorney ,general that the unit of local government or entity shall-- 7,i7 use the grant for the purposes described in section #bjb7;b72 and 7,,ii7 allocate not less than #be percent of the amount received under a grant under section #bjb for training for law enforcement officers4 7#b7 ,extreme risk protection order ,the term extreme risk protection order means a written order or warrant1 issued by a ,state or ,tribal court or signed by a magistrate 7or other comparable judicial officer71 the primary purpose of which is to reduce the risk of firearm-related death or injury by doing one or more of the following3 7,a7 ,prohibiting a named individual from having under the custody or control of the individual1 owning1 purchasing1 possessing1 or receiving a firearm4 7,b7 ,having a firearm removed or requiring the surrender of firearms from a named individual4 7#c7 ,firearm ,the term firearm has the meaning given the term in section #iba of title #ah1 ,united ,states ,code4 7#d7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #agji of the ,public ,safety and ,community ,policing ,act of #aiid 7#cd ,u4,s4,c4 #ajchi74 7#e7 ,law enforcement officer ,the term law enforcement officer means a public servant authorized by ,state1 local1 or ,tribal law or by a ,state1 local1 or ,tribal government agency to-- 7,a7 engage in or supervise the prevention1 detection1 investigation1 or prosecution of an offense2 or 7,b7 supervise sentenced criminal offenders4 7#f7 ,petitioner ,the term petitioner means an individual authorized under ,state or ,tribal law to petition for an extreme risk protection order4 7#g7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 and 7,d7 any other territory or possession of the ,united ,states4 7#h7 ,unit of local government ,the term unit of local government has the meaning given the term in section #ija of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 #bjb4 ,extreme risk protection grant program 7a7 ,in general ,the ,director of the ,office of ,community ,oriented ,policing ,services of the ,department of ,justice shall establish a program under which1 from amounts made available to carry out this section1 the ,director may make grants to eligible entities to assist in carrying out the provisions of the legislation described in section #bjc4 7b7 ,use of funds ,funds awarded under this section may be used by an applicant to-- 7#a7 enhance the capacity of law enforcement agencies and the courts of a ,state1 unit of local government1 or ,indian ,tribe by providing personnel1 training1 technical assistance1 data collection1 and other resources to carry out legislation described in section #bjc2 7#b7 train judges1 court personnel1 and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence2 7#c7 develop and implement law enforcement and court protocols1 forms1 and orders so that law enforcement agencies and the courts may carry out the provisions of the legislation described in section #bjc in a safe and effective manner1 including through the removal and storage of firearms pursuant to extreme risk protection orders under the legislation2 and 7#d7 raise public awareness and understanding of the legislation described in section #bjc so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury4 7c7 ,application ,an eligible entity desiring a grant under this section shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing or accompanied by such information as the ,attorney ,general may reasonably require4 7d7 ,incentives ,for each of fiscal years #bjbj through #bjbd1 the ,attorney ,general shall give affirmative preference in awarding any discretionary grant awarded by the ,bureau of ,justice ,assistance to a ,state or ,indian ,tribe that has enacted legislation described in section #bjc4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this section4 #bjc4 ,national extreme risk protection order law 7a7 ,requirements ,legislation described in this section is legislation that establishes requirements that are substantially similar to the following3 7#a7 ,application for extreme risk protection order ,a petitioner1 including a law enforcement officer1 may submit an application to a ,state or ,tribal court1 on a form designed by the court or a ,state or ,tribal agency1 that-- 7,a7 describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual2 and 7,b7 is signed by the applicant1 under oath4 7#b7 ,notice ,the individual named in an application for an extreme risk protection order as described in paragraph 7#a7 shall be given-- 7,a7 written notice of the application2 7,b7 an opportunity to be heard on the matter in accordance with this section2 and 7,c7 an opportunity to voluntarily surrender any firearm in the possession of the individual4 7#c7 ,issuance of extreme risk protection orders 7,a7 ,hearing 7i7 ,in general ,upon receipt of an application described in paragraph 7#a71 or request of an individual named in such application1 the court shall order a hearing to be held not later than #cj days after the date of such application or request4 7ii7 ,determination ,after a hearing described in clause 7i71 if the court finds by a preponderance of the evidence that the respondent poses a danger of causing harm to himself or herself or to another individual by having access to a firearm1 the court may issue an extreme risk protection order4 7,b7 ,length of extreme risk protection order ,an extreme risk protection order shall be in effect until-- 7i7 an order is entered terminating or superseding the extreme risk protection order2 or 7ii7 the date1 if any1 specified in the extreme risk protection order4 7,c7 ,return of firearms ,after a hearing conducted under this paragraph1 if the ,court finds that the respondent does not pose a substantial risk of personal injury to himself or herself or to another individual by having access to a firearm1 the court shall order that each firearm surrendered1 transferred1 or removed under paragraph 7#e7 shall be returned to the respondent4 7#d7 ,ex parte extreme risk protection orders 7,a7 ,in general ,upon receipt of an application described in paragraph 7#a71 the court may issue an ex parte extreme risk protection order before conducting the hearing required under paragraph 7#c71 if-- 7i7 the application for an extreme risk protection order alleges that the respondent poses a danger of causing harm to himself1 herself1 or others in the near future by having access to a firearm2 and 7ii7 the court finds there is reasonable cause to believe that the respondent poses a danger of causing harm to himself1 herself1 or others in the near future by having access to a firearm4 7,b7 ,length of ex parte extreme risk protection order ,an ex parte extreme risk protection order shall be in effect for a period not to exceed #cj days1 unless continued for good cause4 7#e7 ,surrender and removal of firearms 7,a7 ,in general ,upon receipt of notice under paragraph 7#a71 the individual who is the subject of an extreme risk protection order application shall surrender to a law enforcement agency1 or transfer to a third party1 all firearms in the possession of the individual4 7,b7 ,removal ,if an individual described in subparagraph 7,a7 does not surrender or transfer all firearms in the possession of the individual1 the firearms shall be removed by a law enforcement officer with appropriate jurisdiction4 7#f7 ,storage of removed firearms ,all firearms removed by1 or surrendered to1 a law enforcement officer under paragraph 7#e7 shall be retained by the law enforcement officer or appropriate law enforcement agency until the named individual regains his or her eligibility to possess firearms1 except that the legislation may authorize a law enforcement agency to-- 7,a7 contract with a manufacturer1 dealer1 or importer licensed under chapter #dd of title #ah1 ,united ,states ,code1 for the secure storage of firearms2 and 7,b7 transfer the firearm upon proof that the named individual will no longer have access to the firearm4 7#g7 ,notification 7,a7 ,in general ,a ,state or tribal court that issues an extreme risk protection order shall notify the ,department of ,justice or the comparable ,state or ,tribal agency1 as applicable1 of the order as soon as practicable4 ,such notice shall be submitted in an electronic format1 in a manner prescribed by the ,department of ,justice or the comparable ,state or ,tribal agency4 7,b7 ,update of databases ,as soon as practicable after receiving a notification under subparagraph 7,a71 the ,department of ,justice or the comparable ,state or ,tribal agency shall ensure the extreme risk protection order is reflected in the ,national ,instant ,criminal ,background ,check ,system4 7#h7 ,confidentiality protections ,all personally identifiable information provided to the court1 the ,department of ,justice1 and comparable ,state or ,tribal agencies shall be kept confidential1 as required by the laws of the jurisdiction1 except as necessary to carry out the legislation4 7b7 ,additional authorities ,legislation described in this section may-- 7#a7 provide procedures for the termination of an extreme risk protection order2 7#b7 provide procedures for the renewal of an extreme risk protection order2 7#c7 establish burdens of proof for issuance of orders described in paragraphs 7#c7 and 7#d7 of subsection 7a7 that are higher than the burdens of proof required under those paragraphs2 7#d7 limit the individuals who may submit an application described in subsection 7a77#a71 provided that1 at a minimum1 law enforcement officers are authorized to do so2 and 7#e7 include other authorizations or requirements that the ,state or ,indian ,tribe determines appropriate4 #bjd4 ,federal firearms prohibition 7a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#h77;,b77ii71 by striking or at the end2 7,b7 in paragraph 7#i71 by striking the period at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 is subject to a court order that prohibits such person from having under his or her custody or control1 owning1 purchasing1 possessing1 or receiving any firearms1 or requires the surrender or removal of firearms from the person1 provided that the order-- 7,a7 is issued in a manner consistent with the due process rights of the person2 and 7,b7 is based on a finding that the person poses a danger of causing harm to himself1 herself1 or others by having access to a firearm4 2 and 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#h77;,c77ii71 by striking or at the end2 7,b7 in paragraph 7#i71 by striking the comma at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 is subject to a court order that prohibits such person from having under his or her custody or control1 owning1 purchasing1 possessing1 or receiving any firearms1 or requires the surrender or removal of firearms from the person1 provided that the order-- 7,a7 is issued in a manner consistent with the due process rights of the person2 and 7,b7 is based on a finding that the person poses a danger of causing harm to himself1 herself1 or others by having access to a firearm1 4 7b7 ,conforming amendment ,section #c7a7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijc7a77 is amended by striking section #ibb7;g77#h7 and inserting paragraph 7#h7 or 7#aj7 of section #ibb7;g74 #bje4 ,full faith and credit ,any extreme risk protection order issued under a ,state or ,tribal law enacted in accordance with this title shall be accorded the same full faith and credit by the court of another ,state or ,indian ,tribe 7the enforcing ,state or ,indian ,tribe7 and enforced by the court and law enforcement personnel of the other ,state or ,tribal government as if it were the order of the enforcing ,state or ,tribe4 ,,iii ,firearm ,safety ,requirements #cja4 ,reporting lost or stolen firearms 7a7 ,offense 7#a7 ,in general ,section #ibb of title #ah1 ,united ,states ,code1 as amended by section #ajb1 is amended by adding at the end the following3 7cc7 7#a7 ,it shall be unlawful for a person to fail to provide notice to an appropriate ,state or local law enforcement agency of a firearm of the individual1 other than an antique firearm1 that was lost or stolen within #dh hours after the person discovers the loss or theft or is informed by another person with knowledge of the loss or theft4 7#b7 ,except as provided in paragraph 7#c71 a person who1 in good faith1 reports the loss or theft of a firearm under this subsection shall not be liable for any acts or omissions that result from the theft or loss of the firearm4 7#c7 ,paragraph 7#b7 shall not apply to any person who-- 7,a7 knowingly reports false loss or theft under this subsection2 or 7,b7 stored the firearm in a reckless or negligent manner under this subsection4 4 7#b7 ,penalty ,section #ibd of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#a71 by striking or 7p7 and inserting 7p71 or 7q72 and 7,b7 by adding at the end the following3 7q7 ,a person who violates section #ibb7;cc7 shall be subject to a civil penalty of not more than #bej4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect #ahj days after the date of enactment of this ,act4 7c7 ,reporting 7#a7 ,in general ,each ,state and local law enforcement agency shall report to the ,national ,crime ,information ,center any lost or stolen firearm that is reported to the agency under section #ibb7;cc7 of title #ah1 ,united ,states ,code1 as amended by subsection 7a74 7#b7 ,use of funds requirements ,section #ejb7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaec7;a77 is amended by adding at the end the following3 7#g7 ,an assurance that1 for each fiscal year covered by an application1 the applicant will use not less than #e percent of the total amount of the grant award for the fiscal year to study and implement effective management and collection of data relating to lost or stolen firearms reported to the a law enforcement agency of the applicant under section #ibb7;cc7 of title #ah1 ,united ,states ,code1 unless the applicant has ensured1 and the ,attorney ,general has certified1 that the applicant and each local law enforcement agency of the applicant is in substantial compliance with the reporting requirement in section #cja7;c77#a7 of the ,virginia ,plan to ,reduce ,gun ,violence ,act of #bjbj4 4 #cjb4 ,access to firearms by minors 7a7 ,offense ,section #ibb7z7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 7,a7 ,it shall be unlawful for a person to recklessly leave a loaded and unsecured firearm1 which has moved in1 or that has otherwise affected1 interstate or foreign commerce1 in such a manner as to endanger the life or limb of any other person who is under the age of #ad4 7,b7 ,subparagraph 7,a7 shall not apply to a person if the person-- 7i7 keeps the firearm-- 7,i7 secure using a secure gun storage or safety device2 or 7,,ii7 in a location which a reasonable person would believe to be secure2 or 7ii7 carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person4 4 7b7 ,penalty ,section #ibd of title #ah1 ,united ,states ,code1 as amended by section #cja1 is amended-- 7#a7 in subsection 7a77#a71 by striking or 7q7 and inserting 7q71 or 7r72 and 7#b7 by adding at the end the following3 7r7 ,a person who violates section #ibb7z77#d7 shall be imprisoned for not more than #a year1 fined not more than #b1ejj1 or both4 4 7c7 ,effective date ,the amendment made by subsection 7a7 shall take effect #ahj days after the date of enactment of this ,act4 #cjc4 ,prohibiting persons convicted of misdemeanor crimes against dating partners and persons subject to protection orders ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#cb71 by striking all that follows after ,the term intimate partner and inserting the following3 8-- 7,a7 means1 with respect to a person1 the spouse of the person1 a former spouse of the person1 an individual who is a parent of a child of the person1 and an individual who cohabitates or has cohabited with the person2 and 7,b7 includes-- 7i7 a dating partner or former dating partner 7as defined in section #bbff72 and 7ii7 any other person similarly situated to a spouse who is protected by the domestic or family violence laws of the ,state or tribal jurisdiction in which the injury occurred or where the victim resides4 2 7#b7 in paragraph 7#cc77;,a7-- 7,a7 in clause 7i71 by inserting after ,federal1 ,state1 the following3 municipal12 and 7,b7 in clause 7ii71 by inserting dating partner 7as defined in section #bbff71 after spouse1 each place it appears2 7#c7 by redesignating paragraphs 7#cd7 and 7#ce7 as paragraphs 7#ce7 and 7#cf7 respectively2 and 7#d7 by inserting after paragraph 7#cc7 the following3 7#cd7 7,a7 ,the term misdemeanor crime of stalking means an offense that-- 7i7 is a misdemeanor crime of stalking under ,federal1 ,state1 ,tribal1 or municipal law2 and 7ii7 is a course of harassment1 intimidation1 or surveillance of another person that-- 7,i7 places that person in reasonable fear of material harm to the health or safety of-- 7aa7 that person2 7bb7 an immediate family member 7as defined in section #aae7 of that person2 7cc7 a household member of that person2 or 7dd7 a spouse or intimate partner of that person2 or 7,,ii7 causes1 attempts to cause1 or would reasonably be expected to cause emotional distress to a person described in item 7aa71 7bb71 7cc71 or 7dd7 of subclause 7,i74 7,b7 ,a person shall not be considered to have been convicted of such an offense for purposes of this chapter1 unless-- 7i7 the person was represented by counsel in the case1 or knowingly and intelligently waived the right to counsel in the case2 and 7ii7 in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried1 either-- 7,i7 the case was tried by a jury2 or 7,,ii7 the person knowingly and intelligently waived the right to have the case tried by a jury1 by guilty plea or otherwise4 7,c7 ,a person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside1 or 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 offense7 unless the pardon1 expungement1 or restoration of civil rights expressly provides that the person may not ship1 transport1 possess1 or receive firearms4 4 #cjd4 ,prohibiting stalkers and individuals subject to court order from possessing a firearm ,section #ibb of title #ah1 ,united ,states ,code1 as amended by section #bjd of this ,act1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#h71 by striking that restrains such person and all that follows1 and inserting described in subsection 7g77#h722 7,b7 in paragraph 7#aj71 by striking the period at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#aj7 the following3 7#aa7 who has been convicted in any court of a misdemeanor crime of stalking4 2 and 7#b7 in subsection 7g7-- 7,a7 by amending paragraph 7#h7 to read as follows3 7#h7 who is subject to a court order-- 7,a7 that was issued-- 7i7 after a hearing of which such person received actual notice1 and at which such person had an opportunity to participate2 or 7ii7 in the case of an ex parte order1 relative to which notice and opportunity to be heard are provided-- 7,i7 within the time required by ,state1 tribal1 or territorial law2 and 7,,ii7 in any event within a reasonable time after the order is issued1 sufficient to protect the due process rights of the person2 7,b7 that restrains such person from-- 7i7 harassing1 stalking1 or threatening an intimate partner of such person or child of such intimate partner or person1 or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child2 or 7ii7 intimidating or dissuading a witness from testifying in court2 and 7,c7 that-- 7i7 includes a finding that such person represents a credible threat to the physical safety of such individual described in subparagraph 7,b72 or 7ii7 by its terms explicitly prohibits the use1 attempted use1 or threatened use of physical force against such individual described in subparagraph 7,b7 that would reasonably be expected to cause bodily injury2 2 7,b7 in paragraph 7#aj71 by striking the comma at the end and inserting 2 or2 and 7,c7 by inserting after paragraph 7#aj7 the following3 7#aa7 who has been convicted in any court of a misdemeanor crime of stalking1 4