PUBLIC LAW 104-208
SEC. 658.
GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR
CRIME OF DOMESTIC VIOLENCE.
(a) DEFINITION-Section
921(a) of title 18, United States Code, is amended by adding at the
end the following:
"(33)(A) Except
as provided in subparagraph (C), the term 'misdemeanor crime of domestic
violence' means an offense that-
"(i) is a misdemeanor
under Federal or State law; and
"(ii) 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.
(b)PROHIBITIONS.-
(1) Section 922(d)
of such title is amended-
(A) by striking
"or" at the end of paragraph (7);
(B) by striking
the period at the end of paragraph (8)
and inserting
or"- and(C) by inserting after paragraph (8) the following:
"(9) has been
convicted in any court of a misdemeanor crime of domestic violence.
- '
(2) Section
922(g) of such title is amended-
(A) by striking
"or" at the end of paragraph (7);
(B) by striking
the comma at the end of paragraph (8)
and inserting
"; or"- and(C) by inserting after paragraph (8) the following:
"(9) who has
been convicted in any court of a misdemeanor crime of domestic violence,".
(3) Section
922(s)(3)(B)(i) of such title is amended by inserting " , and has
not been convicted in any court of a misdemeanor crime of domestic
violence" before this semicolon.
(C) GOVERNMENT ENTITIES
NOT EXCEPTED.-Section 925(a)(1) of such title is amended by inserting
"sections 922(d)(9) and 922(g)(9) and" after "except for".
BACK
|