ATF

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Bureau of Alcohol, Tobacco, Firearms and Explosives

In order for an offense to qualify as a "misdemeanor crime of domestic violence", does it have to have as an element the relationship part of the definition (e.g., committed by a spouse, parent, or guardian)?

No. The “as an element” language in the definition of “misdemeanor crime of domestic violence” 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 one of the defined parties.

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