Bill Classifies Domestic Violence Crimes As Felonies Change Would Preserve Current Gun Ban For Abusers

FOR THE RECORD: February 11, 1996: Clarification: Carolyn Morrison, director of Alternatives to Domestic Violence in Spokane, said she favors reclassification of misdemeanor domestic violence offenses to Class C felonies. A story in Friday’s paper did not fully explain her position.

Lawmakers who passed a bill that would allow some domestic violence offenders to buy firearms are proposing a way to continue the gun ownership ban.

A bill passed Wednesday in the House would loosen restrictions by barring only convicted felons from owning firearms.

Current state law prevents gun ownership by people convicted of all felonies and certain domestic violence offenses, including misdemeanors.

An amendment to the new measure designed to continue the gun ban for domestic violence offenders was defeated 50-47 in the House on Wednesday.

But on Thursday, Rep. Cathy McMorris, R-Colville, announced a proposal to reclassify most domestic violence crimes as Class C felonies. That would mean offenders convicted of those crimes still couldn’t buy a gun under the new law.

“We’re committed to coming back and addressing those concerns,” said McMorris, who also is prime sponsor of the bill loosening the gun ownership restrictions.

Reclassifying domestic violence crimes would turn lightly punished misdemeanors such as fourth-degree assault and second-degree trespassing into felonies.

McMorris said the move is not in response to objections to her gun ownership bill.

“When I proposed the bill, I made it very clear that I wanted tougher laws,” McMorris said.

Brian Judy, a lobbyist for the National Rifle Association, said his group pushed for both the bill relaxing gun ownership restrictions and the bill making domestic violence crimes felonies.

Judy said the NRA suggested redefining the domestic violence crimes as a way to keep guns away from those offenders.

“It’s our position that felonies are felonies and carry a loss of rights,” he said. “It’s up to the Legislature to determine that a crime is serious enough to be a felony.”

The director of Alternatives to Domestic Violence in Spokane said she opposes relaxing the gun-buying restrictions and reclassifying domestic violence crimes.

“This is unacceptable,” said Carolyn Morrison. “When a woman leaves a domestic violence relationship, her chance of being murdered goes up 35 percent.

“Nearly half of the homicides in this community were directly linked to domestic violence last year.”

Morrison said reclassifying the crimes could backfire because abused spouses would be far less likely to report the domestic violence if it entails a felony conviction.

She also said making the crimes felonies would remove some of the judge’s discretion to order counseling and other treatment for misdemeanor offenders.

Rep. Tom Campbell, R-Graham, said the reclassification attempt is an overreaction to opposition to relaxing gun-buying restrictions.

“If I tap you on the shoulder, that is fourth-degree assault,” Campbell said. “If I walk across your lawn, that is second-degree criminal trespassing. It’s ridiculous to call those crimes felonies.”

Rep. Larry Sheahan, R-Rosalia, also does not support all of McMorris’ reclassifications.

“Fourth-degree assault shouldn’t be a felony,” said Sheahan, chairman of the House Law and Justice Committee.

He said the bill to reclassify domestic violence misdemeanors didn’t surface until Thursday. The measure likely will be rewritten before it goes to the House floor, he said.

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