HB 362

Abstract

Purchase, possession, or transportation of firearm; assault and battery of a family or household member or intimate partner; penalties. Adds to the existing definition of "family or household member" a person's intimate partner, defined in the bill as an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person. The bill also provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, for the offense of assault and battery against an intimate partner or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor. This bill is identical to SB 642.

Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationship with the alleged offender, penalty. Provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2024, for the offense of assault and battery against a person in a dating relationship, as defined in the bill, with the alleged offender or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor. The bill provides that a court, after a finding of guilt has been made and prior to entering a final order of conviction, shall determine by a preponderance of the evidence whether the victim of the offense was a family or household member or an intimate or dating partner for the purposes of determining the firearms prohibition.

Purchase, possession, or transportation of firearm following an assault and battery against a person in a dating relationshipwith the alleged offender, penalty. Provides that any personwho knowingly and intentionally purchases, possesses, or transportsany firearm following a misdemeanor conviction for an offense thatoccurred on or after July 1, 2024, for the offense of assault and battery against a person in a dating relationship, as defined inthe bill, with the alleged offender or an offense substantially similarunder the laws of any other state or of the United States is guiltyof a Class 1 misdemeanor.