,,ii #aahth ,,congress #ast ,session ,s4 #bgcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #f1 #bjbc,mrs4 ,gillibrand introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to prohibit the sale or other disposition of any firearm or ammunition to any person who has been convicted of a violent misdemeanor1 and for other purposes4 #a4 ,short title ,this ,act may be referred to as the ,end ,gun ,violence ,act of #bjbc4 #b4 ,prohibition on sale or other disposition of a firearm or ammunition to a person convicted of a violent misdemeanor ,section #ibb7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#aj71 by striking or at the end2 7#b7 by redesignating paragraph 7#aa7 as paragraph 7#ab72 7#c7 by inserting after paragraph 7#aj7 the following3 7#aa7 has been convicted in any court of a violent misdemeanor within the preceding #e years2 or 2 and 7#d7 in paragraph 7#ab71 as so redesignated1 by striking 7#aj7 and inserting 7#aa74 #c4 ,definition of violent misdemeanor ,section #iba7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#ch7 7,a7 ,the term violent misdemeanor means an offense that-- 7i7 is a misdemeanor under ,federal1 ,state1 ,tribal1 or local law2 and 7ii7 has as an element-- 7,i7 the use1 attempted use1 or threatened use of-- 7aa7 physical force2 or 7bb7 a deadly weapon2 7,,ii7 the intent to cause physical injury2 or 7,,iii7 knowingly causing physical injury4 7,b7 7i7 ,a person shall not be considered to have been convicted of such an offense for purposes of this chapter1 unless-- 7,i7 the person was represented by counsel in the case1 or 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 this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried1 either-- 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 otherwise4 7ii7 ,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 #d4 ,conforming amendments 7a7 ,title #ah ,title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #ibb7t7-- 7,a7 in paragraphs 7#a77;,b77ii71 by striking receipt and all that follows through subsection 7g7 and inserting knowing sale or disposition of a firearm by the licensee to such other person1 or the receipt of a firearm by such other person would violate subsection 7d71 7g712 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking receipt and all that follows through subsection 7d7 and inserting knowing sale or disposition of a firearm by the licensee to such other person1 or the receipt of a firearm by such other person would not violate subsection 7d72 7,c7 in paragraph 7#d7-- 7i7 by striking receipt and all that follows through subsection 7d7 and inserting knowing sale or disposition of a firearm by the licensee to such other person1 or the receipt of a firearm by such other person would violate subsection 7d72 and 7ii7 by inserting a comma after ,state2 and 7,d7 in paragraph 7#e71 by striking receipt and all that follows through subsection 7d7 and inserting knowing sale or disposition of a firearm by the licensee to such other person1 or the receipt of a firearm by such other person would violate subsection 7d72 7#b7 in section #ibc7;d77#a77;,b71 by striking section #ibb7;g7 and 7n7 of this chapter and inserting subsection 7g7 or 7n7 of section #ibb1 and is not a person to whom the knowing sale or disposition of a firearm or ammunition is prohibited under section #ibb7;d72 and 7#c7 in section #ibe;,a7#b71 by inserting and to whom the knowing sale or disposition of a firearm was not prohibited pursuant to subsection 7d7 of such section after section #ibb4 7b7 ,brady ,handgun ,violence ,prevention ,act ,section #ajc of the ,brady ,handgun ,violence ,prevention ,act 7#cd ,u4,s4,c4 #djija7 is amended-- 7#a7 in subsection 7e77#a7-- 7,a7 in subparagraph 7,a71 by striking for whom and all that follows through subsection 7g7 and inserting to whom the knowing sale or disposition of a firearm1 or for whom receipt of a firearm1 would violate subsection 7d71 7g712 7,b7 in subparagraph 7,f77iii77,i71 by striking 7g7 and inserting 7d71 7g712 and 7,c7 in subparagraph 7,g77i71 by striking 7g7 and inserting 7d71 7g712 7#b7 in subsection 7g71 in the first sentence1 by striking receipt of a firearm by a prospective transferee would violate subsection 7g7 and inserting the knowing sale or disposition of a firearm to1 or the possession or receipt of a firearm by1 a prospective transferee would violate subsection 7d71 7g712 and 7#c7 in subsection 7i77#b71 by striking 1 prohibited by section #ibb 7g7 or 7n7 of title #ah1 ,united ,states ,code or ,state law1 from receiving a firearm4 and inserting to whom the knowing sale or disposition of1 or for whom the possession or receipt of1 a firearm is prohibited by subsection 7d71 7g71 or 7n7 of section #ibb of title #ah1 ,united ,states ,code1 or ,state law44 7c7 ,,nics ,improvement ,amendments ,act of #bjjg ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijb et seq47 is amended-- 7#a7 in section #aja7;b7 7#cd ,u4,s4,c4 #djiaa7;b77-- 7,a7 in paragraph 7#a77;,a71 by striking a person is disqualified from possessing or receiving a firearm under subsection 7g7 and inserting the knowing sale or disposition of a firearm to1 or the possession or receipt of a firearm by1 a person is prohibited under subsection 7d71 7g712 and 7,b7 in paragraph 7#b77;,a71 by striking a member of the ,armed ,forces involved in such proceeding is disqualified from possessing or receiving a firearm under subsection 7g7 and inserting the knowing sale or disposition of a firearm to1 or the possession or receipt of a firearm by1 a member of the ,armed ,forces is prohibited under subsection 7d71 7g712 and 7#b7 in section #ajb 7#cd ,u4,s4,c4 #djiab7-- 7,a7 in subsection 7b77#c7-- 7i7 by inserting 1 or to whom the knowing sale or disposition of a firearm is prohibited1 after firearm2 and 7ii7 by striking subsection 7g7 and inserting subsection 7d71 7g712 and 7,b7 in subsection 7c77#a77;,a71 by inserting 1 or is a person to whom the knowing sale or disposition of a firearm is prohibited by subsection 7d7 of such section before the period4 #e4 ,applicability ,this ,act1 and the amendments made by this ,act1 shall not apply with respect to any conviction that occurs before the date that is #ahj days after the date of enactment of this ,act4 #f4 ,rule of construction ,nothing in this ,act shall-- 7#a7 alter the requirements under subsections 7d77#h7 or 7g77#h7 of section #ibb of title #ah1 ,united ,states ,code2 or 7#b7 have a limiting effect on ,state1 local1 or ,tribal law4