by Rep. Jerrold Nadler introduced his Keep Kids Safe Act in the previous Congress and it went nowhere. It would seem his motivation for reintroducing this bill is not to protect child victims of sexual abuse but rather to create an issue with which to embarrass the NRA and other gun rights proponents. He can say “See the NRA wants child molesters to have guns” which patently is not the case.
In many jurisdictions, over-eager prosecutors have charged teens with sex offenses for the arguably stupid act of “sexting”. Under the terms of this bill, they would be forever banned from owning, possessing, transferring, or purchasing a firearm if they are convicted.
A person should not be denied an enumerated constitutional right on the basis of a misdemeanor conviction regardless of the nature of the crime. And as distasteful as I find domestic violence, I would include this as well.
IN THE HOUSE OF REPRESENTATIVESJanuary 26, 2011
Mr. NADLER introduced the following bill; which was referred to the Committee on the Judiciary——————————————————————————–
A BILL
To amend title 18, United States Code, to place limitations on the possession, sale, and other disposition of a firearm by persons convicted of misdemeanor sex offenses against children.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 `Keep Kids Safe Act of 2011′.
SEC. 2. LIMITS ON POSSESSION, SALE, AND DISPOSITION OF FIREARMS BY PERSONS CONVICTED OF MISDEMEANOR SEX OFFENSES AGAINST MINORS.
(a) Disposition of Firearm- Section 922(d) of title 18, United States Code, is amended–
(1) by striking `or’ at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and inserting `; or’; and
(3) by inserting after paragraph (9) the following:
`(10) has been convicted in any court of a misdemeanor sex offense against a minor.’.
(b) Possession of Firearm- Section 922(g) of title 18, United States Code, is amended–
(1) by striking `or’ at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and inserting `; or’; and
(3) by inserting after paragraph (9) the following:
`(10) who has been convicted in any court of a misdemeanor sex offense against a minor,’.
(c) Misdemeanor Sex Offense Against a Minor Defined- Section 921(a) of such title is amended by adding at the end the following:
`(36)(A) The term `misdemeanor sex offense against a minor’ means a sex offense against a minor punishable by imprisonment for not more than one year.
`(B) The term `sex offense’ means a criminal offense that has, as an element, a sexual act or sexual contact with another, or an attempt or conspiracy to commit such an offense.
`(C) The term `minor’ means an individual who has not attained 18 years of age.
`(D) A person shall not be considered to have been convicted of a misdemeanor sex offense against a minor for purposes of this chapter–
`(i) unless–
`(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
`(II) in the case of a prosecution for the 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) if the conviction has been expunged or set aside, or 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), unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.’.