AB 322

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

convicted of a felony or if he or she is subject to certain injunctions, such as a domestic

violence or child abuse injunction. In addition, federal law prohibits a person from

possessing a firearm if he or she is a fugitive from justice; under current law there

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

fugitive from justice from possessing a firearm. This bill defines “fugitive from

justice” as someone who leaves or hides within a jurisdiction to escape prosecution

or to avoid giving testimony in a criminal proceeding. 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 or a person subject to a domestic abuse or child abuse injunction violates

the prohibition against possessing a firearm.

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 background checks for firearm purchases and concealed carry licenses

and must use that information to 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.