Bill Summary
The "Disarm Hate Act" is a proposed legislation aimed at preventing individuals convicted of misdemeanor hate crimes, or those who have received enhanced sentences for misdemeanors due to hate or bias, from obtaining firearms. The Act amends existing laws to define "misdemeanor hate crime" and "enhanced hate crime misdemeanor sentence," specifying the conditions under which these offenses are recognized.
Key provisions include:
1. **Definitions**: The Act establishes clear definitions for what constitutes a misdemeanor hate crime and an enhanced hate crime misdemeanor sentence, focusing on offenses motivated by bias related to race, religion, gender, sexual orientation, and other characteristics.
2. **Prohibition on Firearm Access**: Individuals convicted of these offenses would be prohibited from purchasing, possessing, shipping, or transporting firearms. This includes both direct convictions and those receiving enhanced sentences based on a judicial finding of bias.
3. **Exemptions**: Convictions that have been expunged, pardoned, or where civil rights have been restored (without restrictions on firearm possession) are excluded from this prohibition.
Overall, the legislation aims to enhance public safety by restricting firearm access to those who have committed bias-motivated offenses, thereby addressing concerns related to hate crimes and gun violence.
Possible Impacts
The "Disarm Hate Act" as outlined in the legislation could affect people in several ways. Here are three examples:
1. **Impact on Individuals Convicted of Misdemeanor Hate Crimes**: Individuals who have been convicted of a misdemeanor hate crime or received an enhanced sentence due to hate or bias-related motivations will be prohibited from obtaining firearms. This could impact their ability to engage in activities that require firearm ownership, such as hunting or sporting events, and may limit their personal freedom and sense of security.
2. **Legal System and Representation**: The legislation specifies that individuals must have been represented by counsel or have knowingly waived their right to counsel for a conviction to count under this law. This could lead to implications for defendants in misdemeanor hate crime cases, as those without legal representation may not face the same firearm restrictions, potentially creating disparities in how the law is applied based on legal access and knowledge.
3. **Societal and Community Safety**: By preventing individuals convicted of hate crimes from possessing firearms, the law aims to enhance community safety and reduce the risk of future violence motivated by hate or bias. This could foster a sense of security among community members who may feel threatened by individuals with a history of hate-based offenses, thus contributing to a more peaceful and inclusive environment.
These examples illustrate the multifaceted effects of the legislation on individuals, legal processes, and community dynamics.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3256 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3256
To prevent a person who has been convicted of a misdemeanor hate crime,
or has received an enhanced sentence for a misdemeanor because of hate
or bias in its commission, from obtaining a firearm.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2025
Mr. Lujan introduced the following bill; 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 crime,
or has received an enhanced sentence for a misdemeanor because of hate
or bias in its commission, from obtaining a firearm.
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 ``Disarm Hate Act''.
SEC. 2. PREVENTION OF PERSON WHO HAS BEEN CONVICTED OF A MISDEMEANOR
HATE CRIME, OR RECEIVED AN ENHANCED SENTENCE FOR A
MISDEMEANOR BECAUSE OF HATE OR BIAS IN ITS COMMISSION,
FROM OBTAINING A FIREARM.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(39) The term `convicted in any court of a misdemeanor hate
crime'--
``(A) means being convicted by a court of an offense that--
``(i) is a misdemeanor under Federal, State, or
Tribal law;
``(ii) has, as an element, that the conduct of the
offender was motivated by hate or bias because of the
actual or perceived race, color, religion, national
origin, gender, sexual orientation, gender identity (as
defined in section 249), or disability of any person;
and
``(iii) involves the use or attempted use of
physical force, the threatened use of a deadly weapon,
or another credible threat to the physical safety of
any person; and
``(B) does not include--
``(i) a conviction of an offense described in
subparagraph (A), unless--
``(I) the person--
``(aa) was represented by counsel
in the case; or
``(bb) knowingly and intelligently
waived the right to counsel in the
case; and
``(II) in the case of a prosecution for an
offense described in subparagraph (A) for which
a person was entitled to a jury trial in the
jurisdiction in which the case was tried--
``(aa) the case was tried by a
jury; or
``(bb) the person knowingly and
intelligently waived the right to have
the case tried by a jury, by guilty
plea or otherwise; or
``(ii) a conviction of an offense described in
subparagraph (A) if--
``(I) the conviction--
``(aa) has been expunged or set
aside; or
``(bb) is of an offense for which
the person has been pardoned or has had
civil rights restored (if the law of
the applicable jurisdiction provides
for the loss of civil rights under such
an offense); and
``(II) the expungement, pardon, or
restoration of civil rights does not expressly
provide that the person may not ship,
transport, possess, or receive firearms.
``(40) The term `received from any court an enhanced hate crime
misdemeanor sentence'--
``(A) means a court has imposed a sentence for a
misdemeanor under Federal, State, or Tribal law--
``(i) that involves the use or attempted use of
physical force, the threatened use of a deadly weapon,
or another credible threat to the physical safety of
any person; and
``(ii) based, in whole or in part, on a judicial
finding that the conduct of the offender was motivated,
in whole or in part, by hate or bias for any reason
referred to in paragraph (39)(A)(ii); and
``(B) does not include--
``(i) the imposition of a sentence described in
subparagraph (A), unless--
``(I) the person--
``(aa) was represented by counsel
in the case; or
``(bb) knowingly and intelligently
waived the right to counsel in the
case; and
``(II) if the sentence described in
subparagraph (A) 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--
``(aa) the case was tried by a
jury; or
``(bb) the person knowingly and
intelligently waived the right to have
the case tried by a jury, by guilty
plea or otherwise; or
``(ii) the imposition of a sentence described in
subparagraph (A) if--
``(I)(aa) the conviction of the offense for
which the sentence was imposed has been
expunged or set aside; or
``(bb) the offense for which the sentence
was imposed is an offense for which the person
has been pardoned or has had civil rights
restored (if the law of the applicable
jurisdiction provides for the loss of civil
rights under such an offense); and
``(II) the expungement, pardon, or
restoration of civil rights does not expressly
provide that the person may not ship,
transport, possess, or receive firearms.''.
(b) Prohibition on Sale or Other Disposition of Firearm.--Section
922(d) of title 18, United States Code, is amended, in the first
sentence--
(1) in paragraph (10), by striking ``or'' at the end;
(2) by redesignating paragraph (11) as paragraph (12);
(3) in paragraph (12), as so redesignated, by striking
``through (10)'' and inserting ``through (11)''; and
(4) by inserting after paragraph (10) the following:
``(11) has been convicted in any court of a misdemeanor
hate crime, or has received from any court an enhanced hate
crime misdemeanor sentence; or''.
(c) Prohibition on Possession, Shipment, or Transport of Firearm.--
Section 922(g) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the comma and inserting
``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) who has been convicted in any court of a misdemeanor
hate crime, or has received from any court an enhanced hate
crime misdemeanor sentence,''.
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