Poll: Felons and Firearms

chainsaw · Feb 24, 2009

SimonJester308 said:
Its easy for politicians to give lip service to getting tough on crime, but there is no money to be made in solutions. Having a way for offenders become 100% citizens again is a solution. Most people who have posted an opinion dont even know the law. Of course violent, and repeat offenders dont qualify for firearms restoration, but that doesnt prevent people from having an uninformed opinion, I too have been guilty of that, comes with membership in the human race. But I sure would like for people to actually read the laws before sounding off about it, and posting a poll about something that already exists.

So how many books do I need to read before I get to post here?

SimonJester308 · Feb 24, 2009

chainsaw said:
So how many books do I need to read before I get to post here?

Dont need to read a book about it.

If it is a Class A felony or a sex offense, you must seek a Pardon, Annulment, Certificate of Rehabilitation. Future posting will review these processes. This is also true if the crime was committed as a juvenile offender.

If it is a Class B or C Felony the following three conditions must be met: (1) More than 5 years have passed in the community without being convicted of any crime (misdemeanor or felony); (2) No criminal charges are currently pending in any federal, state or local court; (3) The person does not have a prior felony prohibiting the possession of firearms counted as part of the offender score. If these three conditions are met you may be eligible to seek restoration of Firearm Rights.

If the crime is Domestic Violence related and the person is prohibited to own or possess firearms, then the four conditions must be met: (1) More than 3 years have passed in the community without being convicted of any crime; (2) No criminal charges are currently pending in any federal, state or local court; (3) The person does not have a prior felony prohibiting the possession of firearms counted as part of the offender score; (4) The person has successfully completed all conditions of their Judgment & Sentence including any financial obligations.

These are the first thresholds. Now, if you qualify, you must show the court you are worthy. Since the restoration is at the Courts discretion, you must convince the Court, often through written statements and testimony, that you are worthy of having this right restored.

There is a sweeping exception to what is set forth above. If the conviction is for an offense committed prior to July 1, 1984; an order of dismissal was entered after completion of supervision, and the conviction is for an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances.

And if that wasnt to much to read, heres the actual law-

RCW 9.41.047
Restoration of possession rights.

(1) At the time a person is convicted or found not guilty by reason of insanity of an offense making the person ineligible to possess a firearm, or at the time a person is committed by court order under RCW 71.05.320, *71.34.090, or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person must immediately surrender any concealed pistol license and that the person may not possess a firearm unless his or her right to do so is restored by a court of record. For purposes of this section a convicting court includes a court in which a person has been found not guilty by reason of insanity.

The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.

(2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the convicted or committed person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority which, upon receipt of such notification, shall immediately revoke the license.

(3)(a) A person who is prohibited from possessing a firearm, by reason of having been involuntarily committed for mental health treatment under RCW 71.05.320, *71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction may, upon discharge, petition a court of record to have his or her right to possess a firearm restored. At the time of commitment, the court shall specifically state to the person that he or she is barred from possession of firearms.

(b) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that the person is no longer required to participate in an inpatient or outpatient treatment program, is no longer required to take medication to treat any condition related to the commitment, and does not present a substantial danger to himself or herself, others, or the public. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.

(c) A person petitioning the court under this subsection (3) shall bear the burden of proving by a preponderance of the evidence that the circumstances resulting in the commitment no longer exist and are not reasonably likely to recur. If a preponderance of the evidence in the record supports a finding that the person petitioning the court has engaged in violence and that it is more likely than not that the person will engage in violence after his or her right to possess a firearm is restored, the person shall bear the burden of proving by clear, cogent, and convincing evidence that he or she does not present a substantial danger to the safety of others.

(4) No person who has been found not guilty by reason of insanity may petition a court for restoration of the right to possess a firearm unless the person meets the requirements for the restoration of the right to possess a firearm under RCW 9.41.040(4).