James v. St. of CAAnnotate this Case
Petitioner pled no contest to battery, a misdemeanor violation of Penal Code section 242, and subsequently filed a petition under Code of Civil Procedure section 1085. 18 U.S.C. 922(g)(9) prohibits the possession of firearms by those convicted of a "misdemeanor crime of domestic violence." The court concluded that a Penal Code section 242 misdemeanor, which defines battery as "any willful and unlawful use of force or violence upon the person of another," has, as an element, the use of physical force for purposes of the prohibition dictated by section 922(g)(9). Therefore, petitioner's conviction under California's battery statute, section 242, is a misdemeanor crime of domestic violence within the meaning of section 922(g)(9). Accordingly, the court reversed the trial court's contrary finding.