Crime punishable by imprisonment for a term exceeding 1 year.
Any Federal, State or foreign offense for which the maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of 1 year. The term shall not include (a) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices or (b) any State offense classified by the laws ..
No. A qualifying offense does not need to be designated as a domestic violence offense. For example, a conviction for assault may qualify as an misdemeanor crime of domestic violence even if the offense is not designated as a domestic violence assault.[18 U.S.C. 921(a)(33) and 922(g)(9); 27 CFR 478.11 and 478.32(a)(9)]
The law of the jurisdiction determines whether a conviction has occurred. Therefore, if the law of the jurisdiction does not consider the person to be convicted, they would not have the federal disability.[18 U.S.C. 921(a)(33); 27 CFR 478.11]
No. The “as an element” language in the definition of “misdemeanor crime of domestic violence” (MCDV) only applies to the use of force provision of the statute and not the relationship provision. However, to be disabling, the offense must have been committed by someone whose relationship to the victim meets the definition in the Gun Control Act (GCA).[18 U.S.C. 921(a)(33); 27 CFR 478.11]
No, as long as the pardon, expungement or restoration does not expressly provide that the person may not ship, transport, possess or receive firearms. A restoration of civil rights, however, is only effective to remove the federal firearms disability if the law of the jurisdiction provides for the loss of civil rights for a conviction of such a misdemeanor.[18 U.S.C. 921(a)(33); 27 CFR 478.11]
A “misdemeanor crime of domestic violence” is an offense that:Is a misdemeanor under federal, state, or tribal law;Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon; andWas 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, by a person similarly situated to a spouse, parent, or guardian of the victim, or by a person who has a current or recent former dating relationship with the victim.The term “dating relationship” means a relationship between individuals who have or have recently had a continuing serious relationship of a romantic or intimate nature.Whether a relationship constitutes a “dating relationship” shall be determined based on consideration of:the length of the relationship;the nature of the relationship; andthe frequency and type of interaction between the individuals involved in the relationship.A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a “dating relationship.”However, a person is not considered to have been convicted of a misdemeanor crime of domestic violence unless:The person was represented by counsel in the case, or knowingly and intelligently waived the right of counsel in the case; andIn the case of a prosecution for which a person was entitled to a jury case was tried, either –The case was tried by a jury, orThe person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.In addition, a conviction would not be disabling if it 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 jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing firearms.In the case of a person who has been convicted of a misdemeanor crime of domestic violence against an individual in a dating relationship; a conviction would not be disabling if it has been expunged or set aside, or is an offense for which the person has been pardoned or has had firearms rights restored unless the expungement, pardon, or restoration of rights expressly provides that the person may not ship, transport, possess, or receive firearms. If the person has no more than one such conviction, and is not otherwise prohibited, the person shall not be disqualified from shipping, transport, possession, receipt, or purchase of a firearm if 5 years have elapsed from the later of the judgment of conviction or the completion of the person's custodial or supervisory sentence, if any, and the person has not subsequently been convicted of another such offense, a misdemeanor under Federal, State, Tribal, or local law which has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, or any other offense that would disqualify the person. NICS shall be updated to reflect the status of the person Restoration after 5 years, as described above, is not available for a current or former spouse, parent, or guardian of the victim, a person with whom the victim shares a child in common, a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or a person similarly situated to a spouse, parent, or guardian of the victim.[18 U.S.C. 921(a)(33); 18 U.S.C. 921(a)(37); 27 CFR 478.11]
The definition of misdemeanor crime of domestic violence in the Gun Control Act (GCA) includes any offense classified as a “misdemeanor” under federal, state or tribal law. In states that do not classify offenses as misdemeanors, the definition includes any state or local offense punishable by imprisonment for a term of 1 year or less or punishable by a fine.[18 U.S.C. 921(a)(33); 27 CFR 478.11]
(a) Law enforcement officers purchasing firearms for official use who provide the licensee with a certification on agency letterhead, signed by a person in authority within the agency (other than the officer purchasing the firearm), stating that the officer will use the firearm in official duties and that a records check reveals that the purchasing officer has no convictions for misdemeanor crimes of domestic violence are not required to complete Form 4473 or Form 5300.35. The law enforcement of..
Yes. Law enforcement officers purchasing firearms for official use who provide a licensee with a certification on agency letterhead that the officer will use the firearm in official duties and that a records check reveals the purchasing officer has no convictions for misdemeanor crimes of domestic violence are not required to complete a ATF Form 4473 or undergo a background check. An officer purchasing a firearm for official duties may purchase the firearm from a licensee in any state, regardless of where the officer resides or the agency is located.Disposition of a firearm to an officer must be entered into the licensee’s acquisition and disposition record, and the certification letter used to purchase the firearm must be retained in the licensee’s files. Contact your state’s Attorney General’s Office to ensure there is no state prohibition on such sales.[18 U.S.C. 925(a)(1); 27 CFR 478.134 and 478.141]
(1) A licensee or permittee who is under indictment or information for, or convicted of, a crime punishable by imprisonment for a term exceeding one year during the term of a current license or permit, or while he has pending a license or permit renewal application, shall not be barred from licensed or permit operations for 30 days after the date of indictment or information or 30 days after the date upon which his conviction becomes final. Also, if he files his application for relief under this..
A person under indictment for, or convicted of, a crime punishable by imprisonment for a term exceeding one year is not eligible to be issued a license or permit. However, a licensee or permittee who is indicted for, or convicted of, such a crime during the term of his or her existing license or permit is not barred from licensed or permit operations for 30 days after the date of the indictment or the date the conviction becomes final. If the licensee or permittee files an application for relief from disabilities within such 30-day period, he or she may continue licensed or permit operations while the application is pending. If a relief application is not filed during that period, the licensee or permittee may not continue operations beyond such 30-day period. The right of a licensee to continue licensed or permitted operations beyond such 30-day period is also conditioned on the licensee or permittee timely filing a license or permit renewal application disclosing that the applicant has been indicted for, or convicted of, the crime. A licensee or permittee may not continue operations beyond 30 days following the date the Director issues notification that the relief application has been denied. [18 U.S.C. 845(b); 27 CFR 555.142]
(1) Is under indictment or information for, or who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
Yes. A license or permit will not be issued to any person who:(a) Is under indictment for, or who has been convicted in any court, of a crime punishable by imprisonment for a term exceeding one year;(b) Is a fugitive from justice;(c) Is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. § 802);(d) Has been adjudicated a mental defective or who has been committed to a mental institution;(e) Is an alien (with certain exceptions);(f) Has been discharged from the armed forces under dishonorable conditions; or,(g) Having been a citizen of the United States, has renounced his citizenship.[18 USC §§ 842(i), 843(b)(1); 27 CFR § 555.49(b)(2)(i)]
(1) Prior to making an over-the-counter transfer of a firearm to a non-licensee who is a resident of the State in which the licensee's business premises is located, the licensed importer, licensed manufacturer, or licensed dealer so transferring the firearm shall obtain a Form 4473 from the transferee showing the transferee's name, sex, residence address (including county or similar political subdivision and whether they reside within city limits), and date and place of birth; the height, weight..
The purpose for requiring prospective purchasers of firearms to identify their racial and ethnic background is to aid law enforcement in accurately tracing firearms found in crimes and better enable Federal firearms licensees to identify the purchaser during the background check portion of a firearms transaction. To collect this identifying information, ATF was required to follow the race and ethnicity standards and format for administrative forms and records established by the Office of Management and Budget (OMB). These standards were first published by OMB in the Federal Register on October 30, 1997, and became effective on January 1, 2003.[62 Fed. Reg. 58782 (October 30, 1997)]
Crime punishable by imprisonment for a term exceeding one year. Any offense for which the maximum penalty, whether or not imposed, is capital punishment or imprisonment in excess of one year. The term does not include (a) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or (b) any State offense (other than one involving a firearm or explosive) classified by the laws of the State as a misdemeanor and punishable by a term of imprisonmen..
Can federal explosives disabilities resulting from a conviction of a crime punishable by imprisonment for a term exceeding one year be removed if the conviction is expunged or set aside or the convicted person has received a pardon for the offense or has had his or her civil rights restored?A person convicted of, or under indictment for, a "crime punishable by imprisonment for a term exceeding one year" may not lawfully receive or possess explosive materials or be issued a federal explosives license or permit.The term "crime punishable by imprisonment for a term exceeding one year" does not include offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or any state offense (other than one involving a firearm or explosive) classified as a misdemeanor and punishable by imprisonment for 2 years or less.There are only 3 means by which federal explosives disabilities resulting from a conviction of, or indictment for, a "crime punishable by imprisonment for a term exceeding one year" can be removed:A decision of a court invalidating a conviction on the basis that the conviction was unconstitutional;In the case of a federal conviction, a presidential pardon; andThe granting of relief from federal explosives disabilities by ATF pursuant to the filing of a relief application with the Director. For more information, visit our webpage Apply for Relief of Explosives Disability.[18 U.S.C. 841(l), 842(d),(i), 845(b); 27 CFR 555.11: definition of "crime punishable by imprisonment for a term exceeding one year", 555.26(c), 555.142]
(1) Is, except as provided under § 555.142 (d) and (e), under indictment or information for, or was convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year;
(1) Is, except as provided by § 478.143, under indictment for, or, except as provided by § 478.144, has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
(4) In the case of an applicant having been convicted of a crime punishable by imprisonment for a term exceeding 1 year, a copy of the indictment or information on which the applicant was convicted, the judgment of conviction or record of any plea of nolo contendere or plea of guilty or finding of guilt by the court, and any pardon, expunction, setting aside or other record purporting to show that the conviction was rendered nugatory or that civil rights were restored;
A licensed importer, licensed manufacturer, licensed dealer, or licensed collector who is indicted for a crime punishable by imprisonment for a term exceeding 1 year may, notwithstanding any other provision of the Act, continue operations pursuant to his existing license during the term of such indictment and until any conviction pursuant to the indictment becomes final:
Provided,
That if the term of the license expires during the period between the date..
(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a crime of violence, shall be fined under this title, imprisoned not more than 10 years, or both.
(a) A pardon granted by the President of the United States regarding a Federal conviction for a crime punishable by imprisonment for a term exceeding 1 year shall remove any disability which otherwise would be imposed by the provisions of this part with respect to that conviction.
(a) In general. The regulations contained in this part relate to commerce in explosives and implement Title XI, Regulation of Explosives (18 U.S.C. Chapter 40; 84 Stat. 952), of the Organized Crime Control Act of 1970 (84 Stat. 922), Pub. L. 103-322 (108 Stat. 1796), Pub. L. 104-132 (110 Stat. 1214), and Pub. L. 107-296 (116 Stat. 2135).