H.R. 6258

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6258 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 6258

To prevent a person who has been convicted of a misdemeanor hate crime, 
or received an enhanced sentence for a misdemeanor because of hate or 
bias in its commission, from obtaining a firearm.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 21, 2025

Ms. Escobar (for herself, Mr. Frost, Mr. Clyburn, Ms. Lee of 
Pennsylvania, Mr. Garamendi, Ms. Williams of Georgia, Ms. Dexter, Mr. 
Kennedy of New York, and Mr. Min) introduced the following bill; which 
was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To prevent a person who has been convicted of a misdemeanor hate crime, 
or received an enhanced sentence for a misdemeanor because of hate or 
bias in its commission, from obtaining a firearm.

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 ``Disarm Hate Act''.

SEC. 2. PREVENTION OF PERSON WHO HAS BEEN CONVICTED OF A MISDEMEANOR 
HATE CRIME, OR RECEIVED AN ENHANCED SENTENCE FOR A 
MISDEMEANOR BECAUSE OF HATE OR BIAS IN ITS COMMISSION, 
FROM OBTAINING A FIREARM.

(a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
``(36) The term `convicted in any court of a misdemeanor hate 
crime'--
``(A) means being convicted by a court of an offense that--
``(i) is a misdemeanor under Federal, State, or 
tribal law;
``(ii) has, as an element, that the conduct of the 
offender was motivated by hate or bias because of the 
actual or perceived race, color, religion, national 
origin, gender, sexual orientation, gender identity (as 
defined in section 249), or disability of any person; 
and
``(iii) involves the use or attempted use of 
physical force, the threatened use of a deadly weapon, 
or other credible threat to the physical safety of any 
person; and
``(B) does not include--
``(i) a conviction of an offense described in 
subparagraph (A), unless--
``(I) the person--
``(aa) was represented by counsel 
in the case; or
``(bb) knowingly and intelligently 
waived the right to counsel in the 
case; and
``(II) in the case of a prosecution for an 
offense described in subparagraph (A) 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) a conviction of an offense described in 
subparagraph (A) if--
``(I) the conviction--
``(aa) has been expunged or set 
aside; or
``(bb) 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); and
``(II) the pardon, expungement, or 
restoration of civil rights does not expressly 
provide that the person may not ship, 
transport, possess, or receive firearms.
``(37) The term `received from any court an enhanced hate crime 
misdemeanor sentence'--
``(A) means a court has imposed a sentence for a 
misdemeanor under Federal, State, or tribal law--
``(i) that involves the use or attempted use of 
physical force, the threatened use of a deadly weapon, 
or other credible threat to the physical safety of any 
person; and
``(ii) based, in whole or in part, on a judicial 
finding that the conduct of the offender was motivated, 
in whole or in part, by hate or bias for any reason 
referred to in paragraph (36)(A)(ii); and
``(B) does not include--
``(i) the imposition of a sentence described in 
subparagraph (A), unless--
``(I) the person--
``(aa) was represented by counsel 
in the case; or
``(bb) knowingly and intelligently 
waived the right to counsel in the 
case; and
``(II) if the sentence described in 
subparagraph (A) was imposed in a prosecution 
for an 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) the imposition of a sentence described in 
subparagraph (A) if--
``(I)(aa) the conviction of the offense for 
which the sentence was imposed has been 
expunged or set aside; or
``(bb) the offense for which the sentence 
was imposed 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); and
``(II) the pardon, expungement, or 
restoration of civil rights does not expressly 
provide that the person may not ship, 
transport, possess, or receive firearms.''.
(b) Prohibition on Sale or Other Disposition of Firearm.--Section 
922(d) of such title is amended in the first sentence--
(1) in paragraph (10), by striking ``or'' at the end;
(2) in paragraph (11)--
(A) by redesignating such paragraph as paragraph 
(12); and
(B) by striking ``through (10)'' and inserting 
``through (11)''; and
(3) by inserting after paragraph (10) the following:
``(11) has been convicted in any court of a misdemeanor 
hate crime, or has received from any court an enhanced hate 
crime misdemeanor sentence; or''.
(c) Prohibition on Possession, Shipment, or Transport of Firearm.--
Section 922(g) of such title is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the comma and inserting 
``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) who has been convicted in any court of a misdemeanor 
hate crime, or has received from any court an enhanced hate 
crime misdemeanor sentence,''.
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