Under Washington law, a person can be convicted of unlawful possession of a firearm if the person has previously been convicted of a serious crime and he or she possesses or owns a firearm. Thus, one of the elements the State must prove is a prior conviction for a serious offense. Recently, in a case ruled on by the Court of Appeals of Washington, Division 3, the court discussed what constitutes sufficient evidence of a predicate conviction in an unlawful firearm possession case. If you live in Washington and are faced with charges of unlawful firearm possession it is crucial to engage and assertive Washington weapons charge defense attorney to fight to help you retain your rights.
Factual and Procedural Background of the Case
Allegedly, the police responded to reports of a fight at the defendant’s home. When the police arrived, the defendant admitted he had guns in his house. The defendant then gave the police a rifle. The police subsequently conducted a criminal history check on the defendant, which revealed the defendant had previously been convicted of felonies in Georgia, that prohibited him from possessing firearms.
It is reported the police then obtained a warrant to search the defendant’s home. During the search, they recovered a rifle. The defendant denied, however, that he had previously been convicted of crimes in Georgia, stating that it was his brother, not him, who was convicted. The defendant was charged with two counts of unlawful possession of a firearm and following a trial, was convicted on all counts. He subsequently appealed, arguing the State failed to prove he had prior felony convictions.