Text of S. 1526 (Feinstein's bill to deny guns to those convicted of overseas felonies)

[derby378]

The PDF for S. 1526 is not available on thomas.loc.gov as of this posting, but the full text of this bill is presented for your review and comment:

S. 1526

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "No Firearms for Foreign Felons Act of 2009".

SEC. 2. DEFINITIONS.

(a) 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.".

(b) Exclusion of Certain Felonies.--Section 921(a)(20) of title 18, United States Code, is amended--

(1) in subparagraph (A), by striking "any Federal or State offenses'' and inserting "any Federal, State, or foreign offenses";

(2) 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

(3) 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".

(c) Domestic Violence Crimes.--Section 921(a)(33) of title 18, United States Code, is amended--

(1) in subparagraph (A), by striking "subparagraph (C)" and inserting "subparagraph (B)"; 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".

SEC. 3. 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".

[damntexdem]

1. This sounds good.

Is this the reason I've seen threads asking about "our gun rights" being "held hostage" to foreign laws?

[derby378]

2. I doubt it...

Those threads are usually debating IANSA or other proposed conventions for restricting civilian arms.

[TheWraith]

3. If it were limited to things that are also a crime in the US, perhaps...

I'm not exactly wild about us automatically respecting felony convictions for things like, say, premarital sex or disrespecting the government.