Under Washington law, a person who has lost their firearm rights due to a conviction of certain felonies may petition the court to have his or her firearm rights restored after a five year period without any convictions or charges. In State of Washington v. Edgar Dennis III, the Supreme Court of the State of Washington held that a person eligible for restitution of firearm rights after five years need not prove that the five year period immediately precedes the application for restoration. If you were prohibited from possessing firearms due to a prior conviction and would like to have your right to possess a firearm reinstated, you should consult an experienced Washington weapons charge defense attorney to discuss your options.
Facts of the Case
Allegedly, in 1991, Petitioner was convicted of robbery, assault, and two felony violations of the Uniform Controlled Substances Act, after which he was prohibited from possessing a firearm. Petitioner was also convicted of third-degree assault in 1998. Petitioner was not convicted of any crimes for the next fifteen years. Then, in 2014, petitioner was convicted of negligent driving, which is a misdemeanor. In 2016, petitioner filed a petition for restoration of his firearm rights, without disclosing his 2014 conviction. The state objected, arguing that the law required a five year period in which the petitioner was free of convictions, which must immediately precede the petition. The court denied the petition. Petitioner filed a motion for reconsideration, arguing that any five year period without convictions met the five-year requirement set forth under the law. The court denied the motion, after which the petitioner appealed. The appellate court affirmed the trial court ruling, after which petitioner appealed to the Supreme Court of the State of Washington.