Disarm Hate Act

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.
• 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.