Definition of violent misdemeanor

Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (38) (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 (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 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..