Question 11.i. Definition of Misdemeanor Crime of Domestic Violence:
A Federal, State, local, or tribal offense that is a misdemeanor under Federal, State,
or tribal law and 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 cohabitating 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. The term includes all misdemeanors
that have as an element the use or attempted use of physical force or the
threatened use of a deadly weapon
(e.g., assault and battery)
, if the offense is
committed by one of the defined parties.
(See Exception to 11.c. and 11.i.)
A person who has been convicted of a misdemeanor crime of domestic violence also
is not prohibited unless: (1) the person was represented by a lawyer or gave up
the right to a lawyer; or (2) if the person was entitled to a jury, was tried by a jury,
or gave up the right to a jury trial.
Persons subject to this exception should answer “no” to 11.i.