Sec. 12005. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE
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## SEC. 12005 MISDEMEANOR CRIME OF DOMESTIC VIOLENCE ###
(a)Defining “Dating Relationship” Section 921(a) of title 18, United States Code, is amended— ####
(1)in paragraph (33)(A)(ii)— #####
(A)by striking “or by a person” and inserting “by a person”; and #####
(B)by inserting before the period at the end the following: “, or by a person who has a current or recent former dating relationship with the victim”; and ####
(2)by adding at the end the following: > > #### “(37) > > > #####
(A)> > 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. > > > ##### “(B) > > Whether a relationship constitutes a dating relationship under subparagraph
(A)shall be determined based on consideration of— > > > ###### “(i) > > the length of the relationship; > > > ###### “(ii) > > the nature of the relationship; and > > > ###### “(iii) > > the frequency and type of interaction between the individuals involved in the relationship. > > > ##### “(C) > > A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship under subparagraph (A).” > . ###
(b)No Retroactive Application **[**[18 U.S.C. 921 note](/us/usc/t18/s921)**]** The amendments made by subsection
(a)shall not apply to any conviction of a misdemeanor crime of domestic violence entered before the date of enactment of this Act. ###
(c)Limitations on Convictions of Crimes of Domestic Violence With Respect to Dating Relationships Section 921(a)(33) of title 18, United States Code, is amended— ####
(1)in subparagraph (A)— #####
(A)in the matter preceding clause (i), by striking “subparagraph (C)” and inserting “subparagraphs
(B)and (C)”; and #####
(B)in clause (ii), by striking “State,,” and inserting “State,”; and ####
(2)by adding at the end the following: > > ##### “(C) > > A person shall not be considered to have been convicted of a misdemeanor crime of domestic violence against an individual in a dating relationship 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 firearm rights restored unless the expungement, pardon, or restoration of rights expressly provides that the person may not ship, transport, possess, or receive firearms: * Provided*, That, in the case of a person who has not more than 1 conviction of a misdemeanor crime of domestic violence against an individual in a dating relationship, and is not otherwise prohibited under this chapter, the person shall not be disqualified from shipping, transport, possession, receipt, or purchase of a firearm under this chapter 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 under section 922(g). The national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) shall be updated to reflect the status of the person. Restoration under this subparagraph 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.” > . # TITLE III OTHER MATTERS ## Subtitle A Extension of Moratorium
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