Disarm Hate Act Bans Gun Ownership for Those Convicted of Bias-Motivated Misdemeanors Involving Force or Threats

The newly introduced “Disarm Hate Act” aims to close a specific gap in federal gun prohibitions by targeting individuals convicted of certain misdemeanor hate crimes. Essentially, this bill says if you’ve been convicted of a misdemeanor where the courts found you acted out of hate or bias—and that action involved force, attempted force, or a credible threat with a deadly weapon—you lose your right to buy or possess a firearm or ammunition.

The New Definition of a Prohibited Person

Currently, federal law prohibits gun ownership for those convicted of felonies or certain domestic violence misdemeanors. This bill adds a new category focused squarely on bias-motivated violence. It defines a “misdemeanor hate crime conviction” as a misdemeanor motivated by hate against someone’s race, religion, gender, sexual orientation, disability, or other protected classes, and the crime involved actual physical force or the threat of deadly force. For example, if someone is convicted of misdemeanor assault, and the court specifically finds that the assault was motivated by anti-LGBTQ+ bias and involved a threat of a weapon, they would be covered under this new prohibition. The bill also includes those who received an “enhanced hate crime misdemeanor sentence,” meaning the judge specifically increased the penalty because of the bias motivation, even if the underlying charge wasn’t explicitly a hate crime.

What This Means for Everyday Safety

For most people, this legislation is designed to increase public safety by removing firearms from individuals who have already demonstrated a willingness to commit violence driven by hate. It acknowledges that not all dangerous bias-motivated acts are felonies. This directly impacts communities frequently targeted by hate crimes, like religious groups or minority populations, offering a layer of protection against repeat offenders who might escalate their actions. The bill amends federal law (specifically 18 U.S.C. 922(d) and (g)) to make it illegal to sell a gun to, or for, a prohibited person to possess one.

The Due Process Guardrails

Crucially, the bill includes specific due process protections that prevent this prohibition from being applied unfairly. If the person was not represented by a lawyer during the conviction (and didn't waive that right), or if the conviction was later expunged or pardoned, the prohibition does not apply. This is important because it ensures the restriction only applies when the individual had full access to the legal system. However, since the definition hinges on whether the court found the act was “motivated by hate or bias,” there is some medium-level vagueness. State courts across the country might apply this “motivation” standard differently, which could lead to some administrative complexity in federal enforcement. Still, the intent is clear: if you use force or threats because of hate, you shouldn't have access to guns.