Legal Question in Criminal Law in Washington

rights

what is unlawfull possesion of a firearm and how can you be gilty of this


Asked on 9/06/03, 2:59 pm

2 Answers from Attorneys

Stephen Kozer Stephen J. Kozer, Attorney at Law P.S. Inc.

Re: rights

Hi,a prior felony conviction is what I see for the most part that prohibits persons from having a firearm. There are prior domsetic violence convictions will also give rise to this charge. You should bear in mind that even though a person convicted of a felony may have had his or her rights restored it ususalyy specifically excludes the right to possess firearms

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Answered on 9/08/03, 12:26 pm
Paul Ferris Law Office of Paul T. Ferris

Re: rights

Certain persons are ineligible to possess a firearm under Washington state law and federal law. For example, a person with a prior felony or misdemeanor crime of domestic violence is prohibited from possessing firearms. There are exceptions.

Other examples include:

persons who have been involuntarily committed for mental health reasons;

persons under the age of 21 cannot possess fireams except in limited situations;

persons subject to a domestic violence restraining order are prohibited under federal law and may be prohibited under state law;

person who abuse controlled substances are prohibited from possessing under federal law.

There are other examples. You should review the text of 18 USC 922 (federal statute) and RCW 9.41.040 (WA statute) for starters. You can also review the content of my website, a summary of state law regarding disabling convictions and requirements for restoration of firearm rights. The website (www.washrecord.com) has links to federal and WA state firearm laws.

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Answered on 9/06/03, 8:04 pm


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