AB 321

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

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

defect. In addition, federal law prohibits a person from possessing a firearm if he or

she has been convicted of a misdemeanor crime of domestic violence; under current

law there is no comparable state prohibition. Under this bill, state law would also

prohibit a person from possessing a firearm if he or she has been convicted of, or

found not guilty by reason of mental disease or defect for, a misdemeanor crime of

domestic violence. A person who violates the prohibition is guilty of a felony and is

subject to a fine of up to $25,000 or a term of imprisonment of up to 10 years, or both,

which is the same penalty that is imposed when a felon violates the prohibition

against possessing a firearm.

For purposes of this bill, a “misdemeanor crime of domestic violence” is one of

the following:

1. Misdemeanor battery, fourth-degree sexual assault, or endangering safety

by use of a dangerous weapon if the perpetrator is an adult and commits one of those

crimes against a member of his or her family, against his or her former spouse or a

person with whom he or she has had a dating relationship, or against a person with

whom he or she has a child in common.

2. Disorderly conduct if the perpetrator is an adult who engaged in violent or

abusive conduct to harm, intimidate, or threaten a member of his or her family, his

or her former spouse or a person with whom he or she has had a dating relationship,

or a person with whom he or she has a child in common.

3. Any other misdemeanor if the perpetrator is an adult and commits the

misdemeanor against a member of his or her family, against his or her former spouse

or a person with whom he or she has had a dating relationship, or against a person

with whom he or she has a child in common if the court increased the penalty for the

misdemeanor because the perpetrator committed it while possessing, using, or

threatening to use a dangerous weapon.

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.