ATF

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Bureau of Alcohol, Tobacco, Firearms and Explosives

What State and local offenses are "misdemeanors" for purposes of 18 U.S.C. 922(d)(9) and (g)(9)?

The definition of misdemeanor crime of domestic violence in the GCA includes any offense classified as a “misdemeanor” under Federal or State 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. For example, if State A has an offense classified as a “domestic violence misdemeanor” that is punishable by up to 5 years imprisonment, it would be a misdemeanor crime of domestic violence. If State B does not characterize offenses as misdemeanors, but has a domestic violence offense that is punishable by no more than 1 year imprisonment, this offense would be a misdemeanor crime of domestic violence.

[18 U.S.C. 921(a)(33), 27 CFR 478.11]