What crimes are considered domestic violence misdemeanors?
A crime is considered a domestic violence misdemeanor under Federal law if it:
- Can be defined as a misdemeanor under federal or state law; and
- Involves physical violence or force, or includes threats made with a deadly weapon; and
- Was committed by a current or former spouse; a parent or guardian of the victim; a person with whom the victim shares a child; a person living with the victim as a spouse, parent or guardian; or a person who has a similar relationship with the spouse, parent or guardian of the victim.1
Note: The crime does not have to specifically mention “domestic violence” in order for it to be considered a domestic violence misdemeanor, and for the federal firearm law to apply. The relationship that the victim has with the offender is what determines whether or not the misdemeanor is a “domestic violence” misdemeanor.
For example: If Bob is convicted of a misdemeanor assault against his wife, he may no longer have or buy a gun. If Bob is convicted of a misdemeanor assault against his neighbor, he may still be able to have or buy a gun.
118 USC 921(a)(33)