New Gun Law Proposed by Senator Chuck Schumer Would Ban People with Arrests for Drug Violations from Buying Guns
112th Congress (2011-2012)
SEC. 104. CLARIFICATION OF THE DEFINITION OF DRUG ABUSERS AND DRUG ADDICTS WHO ARE PROHIBITED FROM POSSESSING FIREARMS.
(a) Inferences of Abuse- Section 921 of title 18, United States Code, is amended by adding at the end the following:
`(c) Unlawful User of Any Controlled Substance-`(1) IN GENERAL- An inference that a person is an unlawful user of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) may be drawn based on--`(A) a conviction for the use or possession of a controlled substance within the past 5 years;
`(B) an arrest for the use or possession of a controlled substance within the past 5 years;
`(C) an arrest for the possession of drug paraphernalia within the past 5 years, if testing has demonstrated the paraphernalia contained traces of a controlled substance;
`(D) a drug test administered within the past 5 years demonstrating that the person had used a controlled substance unlawfully; or
`(E) an admission to using or possessing a controlled substance unlawfully within the past 5 years.
`(2) MEMBERS OF ARMED FORCES- For a current or former member of the Armed Forces, an inference that a person is an unlawful user of a controlled substance may be drawn based on disciplinary or other administrative action within the past 5 years based on confirmed use of a controlled substance, including a court-martial conviction, nonjudicial punishment, or an administrative discharge based on use of a controlled substance or drug rehabilitation failure.'.
(b) Application to Federal Courts- Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), as amended by this section 102, is amended--(1) in subparagraph (C), by inserting `(including any record of a Federal court of any person ordered into a diversion program as described in section 921(a)(37))' after `any person'; and
(2) by adding at the end the following:`(G) APPLICATION TO FEDERAL COURTS- In this paragraph--`(i) the terms `department or agency of the United States' and `Federal department or agency' include a Federal court; and
`(ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency.'.
(c) Definition- Section 921(a) of title 18, United States Code, as amended by section 103(a), is amended by adding at the end the following:`(37) The term `addicted to any controlled substance' includes a person ordered by a court into a diversion program designed for abusers of or addicts to controlled substances as part of a criminal or juvenile delinquency proceeding, regardless of whether the person was convicted, whether the court made a finding of guilt, or whether the program accepts participants who are abusers of or addicted to substances other than controlled substances.'.
(d) Conforming Amendment to NICS Improvement Amendments Act- Section 102(b)(1)(C)(iii) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking `(as such' and all that follows through `adjudications,'.