110 STAT. 3009 -371 PUBLIC LAW 104-208—SEPT. 30, 1996 "(vi) by a law enforcement officer acting in his or her official capacity; or "(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities. "(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. "(B) Subparagraph (A) does not apply to the discharge of a firearm— "(i) on private property not part of school grounds; "(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program; "(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or "(iv) by a law enforcement officer acting in his or her official capacity. "(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.". SEC. 658. GUN BAN FOR INDIVIDUALS CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE. (a) DEFINITION.—Section 921(a) of title 18, United States Code, is amended by adding at the end the following: "(33)(A) Except as provided in subparagraph (C), the term 'misdemeanor crime of domestic violence' means an offense that- 'll) is a misdemeanor under Federal or State law; and "(ii) 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. "(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.