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)
(i) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter, unless
"(I) the person was represented by counsel in the case,
or knowingly and intelligently waived the right to counsel in the case;
and
(II) in the case of a prosecution for an offense described
in this paragraph for which a person was entitled to a jury trial in the
jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right
to have the case tried by a jury, by guilty plea or otherwise,
"(ii) A person shall not be considered to have been convicted
of such an offense for purposes of this chapter if the conviction has been
expunged or set aside, or is an offense for which the person has been pardoned
or has had civil rights restored (if the law of the applicable jurisdiction
provides for the loss of civil rights under such an offense) unless the
pardon, expungement, or restoration of civil rights expressly provides
that the person may not ship, transport, possess, or receive firearms.".
(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".
