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?
2 Answers from Attorneys
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.
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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