Disarm Hate Act
Rep. Escobar Introduces Disarm Hate Act to Ban Gun Sales to People Convicted of Hate Crimes
The Disarm Hate Act is currently in the early stages of the legislative process. It was recently sent to the House Committee on the Judiciary for review. There are no upcoming votes scheduled at this time.
Legislative Progress
Gun control measures face heavy opposition from Republicans and rarely get the 60 votes needed to pass the Senate.
Key Points
- This bill would prohibit people convicted of misdemeanor hate crimes from buying, possessing, shipping, or receiving firearms. It targets crimes involving physical force or threats motivated by hate based on race, religion, gender, sexual orientation, gender identity, or disability.
From policy text
“To prevent a 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.”
View in full text - The ban also covers people who received a tougher sentence (an "enhanced" sentence) for a misdemeanor because a judge found the crime was motivated by hate or bias, even if the underlying offense was not specifically classified as a hate crime.
- To protect defendants' rights, the firearm ban only applies if the person had legal representation or knowingly waived their right to a lawyer, and had access to a jury trial or knowingly waived that right. It does not apply if the conviction was expunged, set aside, or pardoned.
- The bill amends existing federal gun law (18 U.S.C. 922) to add misdemeanor hate crimes to the list of offenses that bar someone from firearms. Currently, federal law prohibits gun possession mainly for felons and people convicted of domestic violence misdemeanors. This would expand that list.
- Gun dealers would also be prohibited from selling or transferring firearms to anyone who has been convicted of a misdemeanor hate crime or received an enhanced hate crime sentence, adding a new category to the existing list of prohibited persons.
From policy text
“has been convicted in any court of a misdemeanor hate crime, or has received from any court an enhanced hate crime misdemeanor sentence; or”
View in full text
Impact Analysis
Personal Impact
Milestones
Referred to the House Committee on the Judiciary.
Introduced in House
The bill was officially filed and given a number. It now enters the legislative queue.
Votes
No votes have been recorded for this legislation yet.
Source Information
Document Type
Congressional Bill
Official Title
Disarm Hate Act
Data Sources
Sponsor
Cosponsors
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