SB 517

Current law prohibits a person from possessing a firearm if he or she has been

convicted of a felony, found not guilty of a felony by reason of mental disease or defect,

or adjudicated delinquent for an act that if committed by an adult in this state would

be a felony. Federal law prohibits a person who is convicted of a misdemeanor crime

of domestic violence from possessing a firearm. Under this bill, following a

conviction, or a finding of not guilty by reason of mental disease or defect, for a

misdemeanor crime of domestic violence, state law also prohibits the person from

possessing a firearm. This bill also adds that a person who is a fugitive from justice

is prohibited from possessing a firearm. This bill defines “fugitive from justice” as

someone who, after having committed a criminal offense, leaves the jurisdiction of

the court where such crime has taken place or hides within such jurisdiction to

escape prosecution. A person who violates either prohibition is guilty of a Class G

felony and is subject to a fine of up to $25,000 or a term of imprisonment of up to ten

years, or both.

This bill also requires that the Department of Justice collect information

identifying persons who are fugitives from justice. DOJ must then convey that

information to the national instant criminal background check system for the

purpose of handgun and concealed carry licenses background checks and respond to

inquiries from law enforcement and courts regarding whether a person is prohibited

from possessing a firearm.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.