Legal Question in Criminal Law in Washington

If a person had an assault 4 case dismissed w/ prejudice three years ago can they keep a firearm from them?


Asked on 2/07/12, 2:54 pm

2 Answers from Attorneys

Paul Ferris Law Office of Paul T. Ferris

If the victim was in a qualifying relationship, i.e. Domestic Violence category, and if there was ever a finding of guilty, there would be a firearm disability under Washington state law, despite the subsequent dismissal.

Federal law presents different issues, but generally, anyone convicted of or pleading guilty to assault 4 DV loses the right to possess firearms under federal law as well.

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Answered on 2/07/12, 3:37 pm
Stan Glisson Glisson & Morris

I agree with that analysis. But if it was a non-DV assault, or if the person was never convicted, then the charge won't carry a firearms prohibition.

If there was a DV no contact order at some point, that could cause a separate problem with firearms.

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Answered on 2/08/12, 10:40 pm


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