Disarm Hate Act
- Bill Number
- H.R. 6258
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Crime and Law Enforcement
- Status
- Introduced
- Latest Action
- 2025-11-21: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-04-20T20:56:16Z
AI-Generated Summary
Purpose
The Disarm Hate Act aims to restrict access to firearms for individuals convicted of certain misdemeanor hate crimes or who receive enhanced sentences for misdemeanors due to hate or bias motivation. It seeks to enhance public safety by preventing those who have committed bias-motivated offenses from possessing or acquiring guns.
Key Provisions
- Definitions Added to Federal Law:
- Amends 18 U.S.C. § 921(a) to define "convicted in any court of a misdemeanor hate crime" as a misdemeanor under federal, state, or tribal law where the offense is motivated by hate or bias against a person's actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity (as defined in federal hate crime statutes), or disability. The offense must involve physical force, a threatened deadly weapon, or a credible threat to physical safety.
- Defines "received from any court an enhanced hate crime misdemeanor sentence" as a misdemeanor sentence (with similar elements of force or threat) that is increased, fully or partially, based on a judicial finding of hate or bias motivation.
- Both definitions exclude convictions or sentences where the person lacked legal representation or a jury trial (if required by law) without a knowing waiver, or where the conviction has been expunged, set aside, pardoned, or had civil rights restored—unless the relief explicitly bars firearm possession.
- Prohibitions on Firearm Transactions:
- Amends 18 U.S.C. § 922(d) to bar licensed dealers, manufacturers, or importers from selling, delivering, or transferring firearms or ammunition to anyone meeting the new definitions (added as a new category under existing prohibitions).
- Prohibitions on Possession and Transport:
- Amends 18 U.S.C. § 922(g) to make it unlawful for such individuals to ship, transport, possess, or receive firearms or ammunition in or affecting interstate commerce (added as a new category under existing possession bans).
Significant Changes to Existing Law
- Expands the list of prohibited persons under federal gun control statutes (Gun Control Act of 1968) by adding misdemeanor hate crimes and enhanced hate-based misdemeanor sentences as disqualifying factors, similar to how certain felonies or domestic violence misdemeanors already restrict gun rights.
- Introduces specific protections for due process, ensuring only valid convictions (with counsel or waiver, and jury trial if applicable) trigger prohibitions, and allowing relief through expungement or pardon unless firearm bans are explicitly retained.
- Aligns with existing federal hate crime laws (e.g., 18 U.S.C. § 249) by incorporating protected characteristics like gender identity.
Potential Impacts
- On Citizens: Individuals with qualifying misdemeanor convictions or enhanced sentences will lose federal rights to buy, possess, or transport firearms, potentially affecting self-defense, hunting, or recreational use. This could reduce gun access for those deemed higher risk due to bias-motivated violence.
- On Government Agencies: The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and law enforcement will need to enforce new background check requirements under the National Instant Criminal Background Check System (NICS), possibly increasing administrative workload for verifying hate crime convictions from state, federal, or tribal courts.
- On International Relations: Minimal direct impact, though it may indirectly support U.S. commitments to combating hate crimes under international human rights agreements by addressing bias-motivated violence.
Main Stakeholders Affected
- Individuals Convicted of Hate Crimes: Primary targets, facing permanent or semi-permanent firearm restrictions unless convictions are overturned or pardoned without retaining bans.
- Firearm Sellers and Manufacturers: Licensed dealers must deny sales to prohibited persons, with potential liability for non-compliance.
- Law Enforcement and Courts: Police will enforce possession bans; courts must document hate/bias motivations accurately for sentencing enhancements.
- Communities Targeted by Hate Crimes: Victims and advocacy groups (e.g., for racial, LGBTQ+, or religious minorities) may benefit from reduced risk of armed bias incidents.
- Gun Rights Organizations: Likely to oppose expansions of prohibitions.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens integration of hate crime statutes with gun laws, potentially leading to more federal prosecutions for violations. Courts may need to clarify how "hate or bias" findings are proven in misdemeanor cases.
- Constitutional: Could face challenges under the Second Amendment (right to bear arms), as it categorically disarms based on misdemeanor convictions; however, it mirrors upheld restrictions for other violent misdemeanors (e.g., domestic violence under the Lautenberg Amendment). Due process safeguards in the bill help mitigate Fifth and Sixth Amendment concerns.
- Political: Reflects bipartisan efforts to address rising hate crimes post-2020, but may spark debates over gun rights versus public safety. As an introduced bill (H.R. 6258, 119th Congress), its passage would depend on Judiciary Committee approval and broader congressional support amid polarized views on firearm regulation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Escobar, Veronica [D-TX-16]
Cosponsors (9)
Rep. Frost, Maxwell [D-FL-10], Rep. Clyburn, James E. [D-SC-6], Rep. Lee, Summer L. [D-PA-12], Rep. Garamendi, John [D-CA-8], Rep. Williams, Nikema [D-GA-5], Rep. Dexter, Maxine [D-OR-3], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Min, Dave [D-CA-47], Rep. Pettersen, Brittany [D-CO-7]
Recent Actions
- 2025-11-21: Referred to the House Committee on the Judiciary.
- 2025-11-21: Introduced in House
- 2025-11-21: Introduced in House
Bill Versions
- Disarm Hate Act — issued 2025-11-21 — PDF (7 pages)