James

Title 18 United States Code section 922 (g)(9) prohibits the possession of firearms by those convicted of a “misdemeanor crime of domestic violence.” Section 921(a)(33)(A)(ii) defines “ ‘misdemeanor crime of domestic violence,’ ” in pertinent part, as an offense that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon.” Penal Code section 242 defines battery as “any willful and unlawful use of force or violence upon the person of another.” We conclude that a Penal Code section 242 misdemeanor conviction has, as an element, the use of physical force for purposes of the prohibition dictated by section 922(g)(9). Accordingly, we reverse the trial court’s contrary finding.

BACKGROUND AND PROCEDURAL HISTORY

The federal Gun Control Act of 1968 (§ 921 et seq.; the Act) has long prohibited possession of a firearm by any person convicted of a felony. (United States v. Hayes (2009) 555 U.S. 415, 418 [ 172 L.Ed.2d 816 , 129 S.Ct. 1079 ].) In 1996, Congress amended the Act to extend the prohibition to include any person “who has been convicted in any court of a misdemeanor crime of domestic violence.” (§ 922(g)(9); see United…