What is a misdemeanor crime of domestic violence?
As defined in the Gun Control Act of 1968, a “misdemeanor crime of domestic violence” means an offense that: (1) is a misdemeanor under Federal or State law; (2) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; and (3) was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless: (1) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (2) in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either– (a) the case was tri
A “misdemeanor crime of domestic violence” means an offense that: (1) is a misdemeanor under Federal or state law; (2) has, as an element, the use or attempted use of physical force, or the threatened us of a deadly weapon; and (3) was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless: (1) the person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; and (2) in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either – (a) the case was tried by a jury, or (b) the person knowingly an