California Court of Appeal

In this suit brought by a plaintiff prevented by the United States Code section 922(g)(9) to possess a firearm, the trial court's writ of mandate and prohibition directing the State to evaluate plaintiff's former misdemeanor battery under Penal Code section 242 as a predicate offense and not as a misdemeanor crime of domestic violence (MCDV) is reversed, where a section 242 misdemeanor conviction has, as an element, the use of physical force for purposes of the prohibition dictated by section 922(g)(9).

Appellate Information

• Decided 08/26/2014
• Published 08/26/2014

Judges

• Detjen

Court

• California Court of Appeal

Counsel