Disarm Hate Act

Key Points

• The bill would ban people convicted of misdemeanor hate crimes from buying, possessing, shipping, or transporting firearms. The targeted crimes must involve physical force, use of a deadly weapon, or a credible threat to someone's safety.
• Hate crimes covered by the bill include offenses motivated by bias based on race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. Both federal, state, and tribal convictions count.
• The ban also covers people who received an enhanced (harsher) sentence for a misdemeanor because a judge found the crime was driven by hate or bias, even if the original charge was not specifically a hate crime.
• The bill includes due process safeguards: the firearm ban only applies if the person was represented by a lawyer or knowingly waived that right, and if they had the option for a jury trial or knowingly waived it.
• People whose convictions have been expunged, set aside, or pardoned can potentially regain their gun rights, unless the pardon or expungement specifically says they still cannot possess firearms.