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STATE OF WASHINGTON v. EDGAR DENNIS, III

felon gun rights

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#1 kevinmcc

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Posted 28 July 2018 - 04:36 PM

Felons can have gun rights restored in Washington state as long as they have been conviction free for 5 years.

https://caselaw.find...ls/1876230.html
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#2 Euler

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Posted 28 July 2018 - 04:53 PM

"For 5 years" means the 5 years immediately preceding the petition for the restoration of rights.
"Conviction" includes misdemeanor convictions.

In the case, Edgar Dennis III was convicted of a felony in 1998. He was sentenced to 1 year and served it.
Then he was convicted of a misdemeanor in 2014.
Then he applied for the restoration of his gun rights in 2016. His petition did not disclose the 2014 conviction.

He lost, because 2014 was less than 5 years prior to 2016 and because misdemeanors count.

If he had petitioned any time in 2004-2013, he'd have gotten them back and not lost them for the 2014 misdemeanor.
Now he has to wait until 2019.

#3 kevinmcc

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Posted 28 July 2018 - 04:58 PM

But now...

https://www.mysanant...un-13108870.php

The high court overturned those decisions. The majority said that because he had been conviction-free for more than five years after completing his last felony sentence, he was entitled to have his gun rights restored.

Trying to find the legal decision.
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#4 Euler

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Posted 28 July 2018 - 05:30 PM

There's the WA Supreme Court filing, in which the state's attorney says

The Court should grant the Petition for Review limited to the statutory construction issues raised at the Court of Appeals.


In other words, even the state's attorney thought the guy should get his rights back, but only because the Superior Court misinterpreted the law, not for any deeper 2A meaning.





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