Disqualification from possessing firearms for misdemeanor hate crimes

(a) Definition Section 921(a) of title 18, United States Code, as amended by section 501 of this Act, is amended by adding at the end the following: (43) (A) Except as provided in subparagraph (B), term misdemeanor hate crime means an offense that— (i) is a misdemeanor under Federal, State, Tribal, or local law; (ii) involves the use or attempted use of physical force, the threatened use of a deadly weapon, or another credible threat to the physical safety of any person; and (iii) has, as an element of the offense that the conduct of the offender was because of the actual or perceived race, color, religion, or national origin of any person. (B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter unless the order is issued in a manner consistent with the due process rights of the person.. (b) Disqualification Section 922 of title 18, United States Code, as amended by section 303 of this Act, is amended— (1) in subsection (d)— (A) in paragraph (12), by striking or at the end; (B) by redesignating paragraph (13) as paragraph (14); (C) by inserting after paragraph (12) the following: (13) has been convicted in any court of a misdemeanor hate crime; or; and (D) in paragraph (14), as so redesignated, by striking through (12) and inserting through (13); and (2) in subsection (g)— (A) in paragraph (10), by striking or at the end; (B) in paragraph (11), by striking the comma at the end and inserting; or; and (C) by inserting after paragraph (11) the following: (12) who has been convicted in any court of a misdemeanor hate crime,.