Page 15 of 18
Revised February 20, 2018
DOMESTIC VIOLENCE AFFIDAVIT
The law. Title 18, U.S.C., Section 922 (g) (9) makes it against the law for anyone who has been convicted of a misdemeanor
crime of domestic violence to possess any firearm or ammunition. “Misdemeanor crime of domestic violence” is generally
defined as any offense-whether or not explicitly described in a statute as a crime of domestic violence – which has, as its factual
basis, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by the victim’s current or
former domestic partner, parent, or guardian. As defined in the Gun Control Act, a misdemeanor crime of domestic violence
means an offense that:
(1) Is a misdemeanor under federal or state law; and
(2) 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.
The law further provides that a person shall not be considered to have been convicted of such an offense for
purposes of this chapter, unless:
(1) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the
case; and
(2) in the case of a prosecution for an offense described in the paragraph for which a person was entitled to a jury trial in
the jurisdiction in which the case was tried, either the case was tried by a jury, or the person knowingly and
intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
The law further states that “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… unless the pardon, expungement or restoration of civil rights expressly provides that the person may not ship, transport,
possess or receive firearms.”
HAVE YOU EVER BEEN CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE WITHIN THE MEANING OF
THE STATUTE? YES__________NO ___________
If you answered “yes” to this question, please provide the following information with respect to the conviction:
Court/Jurisdiction_____________________________________________________
Docket/Case Number___________________________________________________
Statute/Charge________________________________________________________
Date Sentenced________________________________________________________
(Note: Any person who makes any false affidavit or knowingly swears or affirms falsely to any matter or thing required by the terms
of this application to be sworn to or affirmed, is guilty of perjury and upon conviction, shall be punishable by fine or imprisonment
for a term not exceeding ten years.)
I hereby certify that all of the information provided by me in this rider is true, correct, complete, and made in good faith. I
understand that false or fraudulent information provided herein is criminally punishable pursuant to federal and state law.
Name: _____________________________________________ Date: ________________________
Signature
STATE OF MISSISSIPPI
COUNTY OF ______________________________
Before me this day personally appeared _________________________________________________, who being duly sworn, deposes and says that the
information contained in this rider is true and correct to the best of his/her knowledge.
Sworn and subscribed before me, this ______________day of _______________, 20 _____.
My Commission Expires: _____________________________________ ___________________________________________________
Notary Public, State of Mississippi