Today, the Second District issued its ruling in Shirey v. Los Angeles County Civil Service Commission (Los Angeles County Sheriff's Department), No. B238355, __ Cal. App. 4th __ (May 6, 2013). Plaintiff was a former deputy sheriff discharged by the Los Angeles County Sheriff's Department. Plaintiff disputed whether the federal Gun Control Act of 1968, as amended in 1996 (18 U.S.C. § 921, et seq.) prohibited plaintiff from possessing a firearm because of his conviction of misdemeanor battery upon a domestic partner. Slip Op. at 2.
The Second District reversed, finding the trial court incorrectly concluded the United States Supreme Court opinion in United States v. Hayes, 555 U.S. 415 (2009) established plaintiff‘s battery conviction qualifies as a "misdemeanor crime of domestic violence" under the Gun Control Act. Accordingly the Commission abused its discretion in determining the federal gun possession ban applied to plaintiff. Slip Op. at 2.