Reference is to Printer's Date 3/25/15--H.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 16-25-30 of the 1976 Code is amended to read:
"Section 16-25-30.
(A) It is unlawful for a
person to ship, transport, receive, or possess a firearm or
ammunition, if the person:
(1)
has been convicted of a violation of Section
16-25-20(B), 16-25-20(C), or 16-25-65;
(2)
has been convicted of a violation of Section
16-25-20(D) and the judge at the time of sentencing orders that
the person is prohibited from shipping, transporting, receiving,
or possessing a firearm or ammunition;
(3)
has been convicted of domestic violence in
another state, tribe, or territory containing among its elements
those elements enumerated in Section 16-25-20(A) or
16-25-65;
(4)
is subject to a valid order of protection
pursuant to Chapter 4, Title 20, and the judge orders that the
person is prohibited from shipping, transporting, receiving, or
possessing a firearm or ammunition; or
(5)
is subject to a valid order of protection
related to domestic or family violence issued by a court of
another state, tribe, or territory in compliance with the
Uniform Interstate Enforcement of Domestic Violence Protection
Orders Act.
(B) A
person who violates this section is guilty of a felony, and,
upon conviction, must be fined not less than five hundred
dollars nor more than one thousand dollars and imprisoned for
not more than five years.
(C) A
person must not be considered to have been convicted of domestic
violence for purposes of this section unless the person was
represented by counsel in the case, or knowingly and
intelligently waived the right to counsel in the case; and in
the case of a prosecution for an offense described in this
section for which a person was entitled to a jury trial in the
jurisdiction in which the case was tried, either the case was
tried by a jury, or the person knowingly and intelligently
waived the right to have the case tried by a jury, by guilty
plea or otherwise. A person must not be considered to have been
convicted of domestic violence for purposes of this section if
the conviction has been expunged, set aside, or is an offense
for which the person has been pardoned.
(D) At the
time a person is convicted of violating the provisions of
Section 16-25-20 or 16-25-65, or upon the issuance of an
order of protection pursuant to Chapter 4, Title 20, the
court must deliver to the person a written form that
conspicuously bears the following language: 'Pursuant to 18
U.S.C. Section 922, it is unlawful for a person convicted of a
violation of Section 16-25-20 or 16-25-65, or a person who is
subject to a valid order of protection pursuant to Chapter 4,
Title 20, to ship, transport, possess, or receive a firearm
or ammunition.'
(E) The
provisions of this section prohibiting the possession of
firearms and ammunition by persons who have been convicted of
domestic violence shall apply to a person who has been convicted
of domestic violence for a period of:
(1)
ten years from the date of completion of
sentence, probation, parole, or suspension of sentence, if the
person has been convicted of a violation of Section 16-25-20(B),
Section 16-25-20(C), or Section 16-25-65; or
(2)
five years from the date of completion of
sentence, probation, parole, or suspension of sentence, if the
person has been convicted of a violation of Section 16-25-20(D)
and the judge at the time of sentencing orders that the person
is prohibited from shipping, transporting, receiving, or
possessing a firearm or ammunition.
(F) For
purposes of this section, 'firearm' means a pistol, revolver,
rifle, shotgun, machine gun, submachine gun, black powder
weapon, or assault rifle which is designed to fire or is capable
of firing fixed cartridge ammunition or from which a shot or
projectile is discharged by an explosive." /
Renumber sections to conform.
Amend title to conform.