Proposal takes aim at gun ownership, domestic convictions

St. Joseph News-Press - 3/29/2023

Mar. 28—Gun ownership among people convicted of domestic abuse misdemeanors is a gray area in Missouri, but proposed state legislation marks the latest attempt to try and change that.

Missouri House Bill 32, sponsored by Richard Brown, D-Kansas City, would make it illegal for anyone to own a firearm if they're convicted of misdemeanor domestic assault at the state level.

That should make the process of determining an arrest easier for law enforcement, since it already is illegal for people with federal misdemeanor domestic convictions to own guns, said Capt. Shawn Collie of the Buchanan County Drug Task Force.

"There's a disconnect between state and federal laws, which in turn creates conflict for us on our part of (the Second Amendment Preservation Act), where we can work — or in cooperation — on those cases," he said. "When we come in contact with somebody and under federal law, it's illegal, but state law it's not ... are we violating federal law by not seizing that firearm? You know, working off a case. But then under SAPA, we can't cooperate with ATF on something that's not a state charge."

The Second Amendment Preservation Act, passed in 2021, bars any infringement on the right to bear arms in Missouri.

This legislation, which is one of several proposed in recent years, would expand firearm laws only to ban residents with domestic assault convictions.

"We're not here trying to say, 'Hey, this is good because it is going to take away people's gun rights,' and so forth," he said. "For legal gun owners, this isn't going to be of concern. This is for those charged and convicted of domestic violence cases."

Even if the bill were to pass, there would be alternative options for people to pursue. A person convicted of misdemeanor domestic assault would still be able to seek a "restoration of civil rights," which would help offset the civil rights that were disallowed by the misdemeanor, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives. The exception is similar to but not the same as a pardon or expungement.

"A lot of people may think, well, you know, misdemeanor shouldn't prohibit somebody from a firearm," Collie said. "But again, our thing is (that) unless federal law changes, state law should be the same."

Alex Simone can be reached at alex.simone@newspressnow.com. Follow him on Twitter at @NPNOWSimone.

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