Is the relationship between the parties an element of a MCDV?

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]

Last Reviewed July 14, 2020