Amend the bill, as and if amended, pages 7-8, by striking SECTION 3 in its entirety, and inserting:
/ SECTION 3. 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.