SEC. 2. PROHIBITION ON SALE OR OTHER DISPOSITION OF 
A FIREARM OR AMMUNITION TO A PERSON 
CONVICTED OF A VIOLENT MISDEMEANOR. 
Section 922(d) of title 18, United States Code, is 
amended— 
(1) in paragraph (8)(B)(ii), by striking ‘‘or’’ at 
the end; 
(2) in paragraph (9), by striking the period and 
inserting ‘‘; or’’; and 
(3) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) has been convicted in any court of a vio-
lent misdemeanor within the preceding 5 years.’’. 
SEC. 3. DEFINITION OF VIOLENT MISDEMEANOR. 
Section 921 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(36)(A) The term ‘violent misdemeanor’ means an 
offense that— 
‘‘(i) is a misdemeanor under Federal, State, 
tribal, or local law; and 
‘‘(ii) has as an element— 
‘‘(I) the use, attempted use, or threatened 
use of— 
‘‘(aa) physical force; or 
‘‘(bb) a deadly weapon; 
‘‘(II) the intent to cause physical injury; or 
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‘‘(III) knowingly causing physical injury. 
‘‘(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 intel-
ligently 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 juris-
diction 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.’’. 
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SEC. 4. CONFORMING AMENDMENTS. 
(a) Paragraphs (1)(B)(ii), (2), (4), and (5) of section 
922(t) of title 18, United States Code, are each amended 
by striking ‘‘receipt’’ and all that follows through ‘‘sub-
section (g)’’ and inserting ‘‘knowing sale or disposition of 
a firearm by the licensee to such other person, or the re-
ceipt of a firearm by such other person would violate sub-
section (d), (g),’’. 
(b) Section 923(d)(1)(B) of such title is amended by 
striking ‘‘section 922(g) and (n) of this chapter’’ and in-
serting ‘‘subsection (g) or (n) of section 922, and is not 
a person to whom the knowing sale or disposition of a 
firearm or ammunition is prohibited by section 922(d)’’. 
(c) Section 925A of such title is amended in para-
graph (2), by inserting ‘‘and to whom the knowing sale 
or disposition of a firearm was not prohibited pursuant 
to subsection (d) of such section’’ after ‘‘section 922’’. 
(d) Section 103 of the Brady Handgun Violence Pre-
vention Act (34 U.S.C. 40901) is amended— 
(1) in subsection (e)(1)— 
(A) in subparagraph (A), by striking ‘‘for 
whom’’ and all that follows through ‘‘subsection 
(g)’’ and inserting ‘‘to whom the knowing sale 
or disposition of a firearm, or for whom receipt 
of a firearm, would violate subsection (d), (g),’’; 
and 
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(B) in each of subparagraphs (F)(iii)(I) 
and (G)(i), by striking ‘‘(g)’’ and inserting ‘‘(d), 
(g),’’; 
(2) in subsection (g), by striking ‘‘receipt of a 
firearm by a prospective transferee would violate 
subsection (g)’’ and inserting ‘‘the knowing sale or 
disposition of a firearm to, or the possession or re-
ceipt of a firearm by, a prospective transferee would 
violate subsection (d), (g),’’; and 
(3) in subsection (i)(2), by striking ‘‘prohibited 
by section 922 (g) or (n) of title 18, United States 
Code or State law, from receiving a firearm.’’ and 
inserting ‘‘to whom the knowing sale or disposition 
of, or for whom the possession or receipt of, a fire-
arm is prohibited by subsection (d), (g), or (n) of 
section 922 of title 18, United States Code, or State 
law.’’. 
(e) Section 101(b) of the NICS Improvement Amend-
ments Act of 2007 (34 U.S.C. 40911(b)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘a person 
is disqualified from possessing or receiving a firearm 
under subsection (g)’’ and inserting ‘‘the knowing 
sale or disposition of a firearm to, or the possession 
or receipt of a firearm by, a person is prohibited 
under subsection (d), (g),’’; and 
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(2) in paragraph (2)(A), by striking ‘‘a member 
of the Armed Forces involved in such proceeding is 
disqualified from possessing or receiving a firearm 
under subsection (g)’’ and inserting ‘‘the knowing 
sale or disposition of a firearm to, or the possession 
or receipt of a firearm by, a member of the Armed 
Forces is prohibited under subsection (d), (g),’’. 
(f) Section 102 of the NICS Improvement Amend-
ments Act of 2007 (34 U.S.C. 40912) is amended— 
(1) in subsection (b)(3)— 
(A) by inserting ‘‘, or to whom the know-
ing sale or disposition of a firearm is prohib-
ited,’’ after ‘‘firearm’’; and 
(B) by striking ‘‘subsection (g)’’ and in-
serting ‘‘subsection (d), (g),’’; and 
(2) in subsection (c)(1)(A), by inserting ‘‘, or is 
a person to whom the knowing sale or disposition of 
a firearm is prohibited by subsection (d) of such sec-
tion’’ before the period. 
SEC. 5. APPLICABILITY. 
The amendments made by this Act shall not apply 
with respect to convictions occurring before the date that 
is 6 months after the date of enactment of this Act. 
SEC. 6. RULE OF CONSTRUCTION. 
Nothing in this Act shall— 
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(1) alter the requirements of subsections (d)(8) 
or (g)(8) of section 922 of title 18, United States 
Code; or 
(2) have a limiting effect on State, tribal law. 
Æ 
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