§ 107.1 Definitions.
As used in this part:
Arrest shall include a criminal arrest, “apprehension” as the term is used under the Uniform Code of Military Justice, and “pretrial restraint” as the term is used under the Rules for Courts-Martial. The term also includes a citation in lieu of arrest for a criminal violation (other than one involving parking, traffic, or motor vehicle violations punishable only by a fine).
Brandish means to display all or part of a firearm, or otherwise make the presence of a firearm known to another person, in a threatening or intimidating manner, regardless of whether the firearm is directly visible to that person. The term does not include the carrying of a firearm for lawful purposes, including self-defense, whether the firearm is concealed or unconcealed.
Controlled substance has the meaning given the term in 27 CFR 478.11, except that it does not include marijuana.
Convicted or conviction shall include a criminal conviction, a plea of guilty, a finding of guilt without judgment by a court, and the judgment of special or general court-martial issued under 10 U.S.C. 860c of the Uniform Code of Military Justice. The term also includes a judgment entered upon a plea of nolo contendere.
Felony means “a crime punishable by imprisonment for a term exceeding one year” as that phrase is defined in 18 U.S.C. 921(a)(20).
Misdemeanor crime of domestic violence shall have the meaning provided in 27 CFR 478.11. It shall also include a conviction for a crime at a general or special court-martial that would meet the definition of “misdemeanor crime of domestic violence” in the previous sentence had the conviction been entered by a State, local, or Tribal court.
Sentence shall include any criminal penalty imposed by a court or following a general or special court-martial of a custodial sentence (whether continuous or intermittent) such as detention, incarceration, or home confinement; a non-custodial sentence (whether supervised or unsupervised) such as probation, parole, or release; or a period during the pendency of other unsatisfied penalties such as monetary obligations, education, treatment, or programming requirements, community service or extra duties, or restriction on movement or electronic monitoring.
State or Federal law shall include Federal laws (including the Uniform Code of Military Justice); State laws; the laws of the District of Columbia; the laws of United States territories; the laws of any subdivision of the States or territories; and laws of Federally Recognized Tribes, where “Federally Recognized Tribe” means any tribe listed at 91 FR 4102 or any future notice listing Federally Recognized Tribes.
Unlawful user of or addicted to any controlled substance has the meaning given this term in 27 CFR 478.11, except that it excludes those whose only unlawful use of or addiction to a controlled substance consists of the use of or addiction to marijuana.