Text of Conference Report on H.R. 3610
               CONFERENCE REPORT ON H.R. 3610 
      DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 1997 
                    [CR page H-11743]


SEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR
CRIME OF DOMESTIC VIOLENCE.

    (a) Definition.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:

    "(33)(A) Except as provided in subparagraph (C), the term
'misdemeanor crime of domestic violence' means an offense that--

    "(i) is a misdemeanor under Federal or State law; and

    "(ii) 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 cohabiting 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.

    "(B)(i) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter, 
unless--

    "(I) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the 
case; and

    (II) in the case of a prosecution for an offense described in
this paragraph for which a person was entitled to a jury trial in
the jurisdiction in which the case was tried, either

    (aa) the case was tried by a jury, or

    (bb) the person knowingly and intelligently waived the right
to have the case tried by a jury, by guilty plea or otherwise,

    "(ii) A person shall not be considered to have been convicted
of such an offense for purposes of this chapter if the conviction 
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 applicable jurisdiction provides for the loss of civil 
rights under such an offense) unless the pardon, expungement, or 
restoration of civil rights expressly provides that the person may 
not ship, transport, possess, or receive firearms.".

    (b)Prohibitions.--

    (1) Section 922(d) of such title is amended--

    (A) by striking "or" at the end of paragraph (7);

    (B) by striking the period at the end of paragraph (8) and
inserting "; or"; and

    (C) by inserting after paragraph (8) the following:

    "(9) has been convicted in any court of a misdemeanor crime
of domestic violence.".

    (2) Section 922(g) of such title is amended--

    (A) by striking "or" at the end of paragrph (7);

    (B) by striking the comma at the end of paragraph (8) and
inserting "; or"; and

    (C) by inserting after paragraph (8) the following:

    "(9) who has been convicted in any court of a misdemeanor
crime of domestic violence,".

    (3) Section 922(s)(3)(B)(i) of such title is amended by
inserting ", and has not been convicted in any court of a 
misdemeanor crime of domestic violence" before this semicolon.

    (c) Government Entities Not Excepted.--Section 925(a)(1) of
such title is amended by inserting "sections 922(d)(9) and 
922(g)(9) and" after "except for".

   Congressional Record dated Saturday, September 28, 1996
                      House Section