This bill would prevent ex-felons (under either state or federal law) from possession firearms under state law and imposes mandatory minimum sentences. Leaving aside any Second Amendment issues raised by this bill, we opposed this legislation. As longtime opponents of laws that automatically disqualify ex-felons from a wide array of rights, benefits, and privileges, we argued that this bill is far too broad, as it applies to a conviction for any felony and at any time. Current state law already disqualifies individuals who have been convicted of a crime of violence or a variety of misdemeanor offenses tied to domestic violence. However, the bill disqualifies people who have been convicted of, for example, drug possession crimes and a whole array of other non-violent offenses that have been "felonized" over the decades, including convictions that are decades old.
We also opposed the bill's mandatory minimum sentence on individuals convicted of the unlawful possession of a firearm for any other reason currently specified in the law. In our view, mandatory minimum sentences are contrary to basic principles of judicial discretion and due process and should be summarily rejected.
