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DEPARTMENT OF THE TREASURY
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
WASHINGTON, D.C. 20226
OPEN LETTER FROM THE DIRECTOR
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
The purpose of this letter is to provide the public with
information concerning a recent amendment to the Gun Control Act of 1968.
This amendment makes it unlawful for any person convicted of a "misdemeanor
crime of domestic violence" to ship, transport, possess, or receive
firearms or ammunition. It also makes it unlawful for any person to sell
or otherwise dispose of a firearm or ammunition to any person knowing
or having reasonable cause to believe that the recipient has been convicted
of such a misdemeanor.
As defined in the new law, a "misdemeanor crime of domestic violence"
means an offense that:
(1) is a misdemeanor under federal or state law; and
(2) has, as an element, the use or attempted use of physical force,
or the threatened use of a deadly weapon, 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.
This definition includes all misdemeanors that involve the use or attempted
use of physical force (e.g., simple assault, assault and battery), if
the offense is committed by one of the defined parties. This is true whether
or not the State statute or local ordinance specifically defines the offense
as a domestic violence misdemeanor. For example, a person convicted of
misdemeanor assault against his or her spouse would be prohibited from
receiving or possessing firearms. Moreover, the prohibition applies to
persons convicted of such misdemeanors at any time, even if the conviction
occurred prior to the new law's effective date, September 30, 1996. As
of the effective date of the new law, such a person may no longer possess
a firearm or ammunition. However, a conviction would not be disabling
if it has been expunged, set aside, pardoned, or the person has had his
or her civil rights restored (if the law of the applicable jurisdiction
provides for the loss of civil rights under such an offense) AND the person
is not otherwise prohibited from possessing firearms or ammunition.
Individuals subject to this disability should immediately lawfully dispose
of their firearms and ammunition. We recommend that such persons relinquish
their firearms and ammunition to a third party, such as their attorney,
to their local police agency, or a Federal firearms dealer. The continued
possession of firearms or ammunition by persons under this disability
is a violation of law and may subject the possessor to criminal penalties.
In addition, such firearms and ammunition are subject to seizure and forfeiture.
If you have questions regarding this matter, please contact
your local ATF office.
John W. Magaw
Director
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