Under the Disarm Hate Act, anyone convicted of a hate crime would be prohibited from owning a gun.
In California, if you are convicted of certain crimes — such as crimes of domestic violence — you could be barred from owning a gun. Now, some lawmakers want to expand that law, applying it to anyone who has been convicted of a hate crime.
Assembly Bill 785, also known as the Disarm Hate Act, was introduced by Assemblyman Reggie Jones-Sawyer, a Democrat from Los Angeles. According to Mr. Jones-Sawyer, “Individuals who commit hate crimes tend to escalate their conduct in order to ensure their message is received by the targeted individual or community.” The proposed bill would ban anyone who has been convicted of a hate crime from buying a gun.
So what exactly is a hate crime? Under California law, a hate crime involves harming, threatening or harassing someone because of the person’s disability, gender, nationality, race or ethnicity, religion or sexual orientation. If you interfere with someone else’s civil rights or damage or destroy their property because they have one of these characteristics, you can be charged with a hate crime. If you commit another crime, such as assault or vandalism, and that crime was motivated by the fact that the victim has one of the characteristics in the list, then the crime will be considered a hate crime. You will then likely receive an enhanced sentence with more severe penalties.
Six states currently ban people convicted of hate crimes from owning guns, including Delaware, Maryland, Massachusetts, Minnesota, New Jersey and Oregon. The California bill has already passed through the Assembly. If it ultimately becomes law, then a person who violates the ban could be sentenced to prison or fined.
Hate crimes can be difficult to prove, because demonstrating that a person was motivated to do something because another person has a certain characteristic is often challenging unless a defendant specifically says or does something. A skilled Los Angeles criminal defense lawyer can mount factual and legal defenses to hate crime charges, such as proving that you did not commit the crime itself, or that you were not motivated by bias. For example, if the prosecutor accused you of vandalizing a house because the family that lives there is Jewish and you did not know even know who lived there, let alone their religion or ethnicity, that could be a defense to the hate crime sentencing enhancement. Alternatively, your Los Angeles criminal defense lawyer could prove that you did not actually commit the vandalism — so that you are not guilty of the crime or the hate crime.
If this bill becomes law, it makes the potential consequences of a hate crime conviction even more serious. That is why it is even more important to hire a highly skilled Los Angeles criminal defense lawyer. Contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help you if you have been charged with a crime. We will fight for your rights and for your freedom, and stand with you through each step of the process.
