State Progress in Record Reporting for Firearm-Related Background Checks: Misdemeanor Crimes of Domestic Violence   [open pdf - 3MB]

"A conviction for a qualifying misdemeanor crime of domestic violence (MCDV) prohibits a person from possessing a firearm. There is a wide universe of state offenses that could potentially be MCDV related; however, the conviction must meet several specific criteria in order for the Federal prohibition to apply. […] Disqualifying convictions that meet the physical force element and qualifying relationship requirements listed above are reported to the appropriate federal databases to be available for conducting background checks. When fingerprints are required for misdemeanor offenses, the MCDV record will be available through the Interstate Identification Index (III). It is, however, difficult to recognize MCDV records in III because they are often not labeled as such. For instance, a state may list offenses as assaults or simple assaults, making it unclear which ones were crimes of domestic violence, something that can only be established by looking at the relationship information in the police report or charging document on a case-by-case basis. Twelve states currently use flagging within their state criminal history record systems to indicate domestic violence convictions. While this is helpful in identifying potential disqualifying records, it does not necessarily mean that the record meets the complete federal MCDV definition. For this and other reasons (e.g., if fingerprints are not required for misdemeanor offenses, the specific relationship and/or physical force elements are not included in the record available to III) MCDV records are often reported to the National Instant Criminal Background Check System (NICS) Index."

Public Domain
Retrieved From:
National Criminal Justice Reference Service: https://www.ncjrs.gov/
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