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Re: Restoring firearm rights in Washington
Posted by -- on 10/30/08

    On 10/30/08, Wetdog wrote:

    > NOW, THEREFORE, I Christine O. Gregoire, by virtue of the power vested in me as Governor of the
    > State of Washington, hereby grant to Stanley M. Catron the FULL AND UNCONDITIONAL pardon of his
    > conviction of Indecent Liberties so that he may lawfully own and possess firearms.IN WITNESS
    > WHEREOF, I have hereunto set my handand caused the seal of the State of Washington to beaffixed
    > at Olympia on this 4th day of April, A.D., two thousand and seven. CHRISTINE O.
    > GREGOIRE,Governor of Washington

    OK -- Here is the statute that covers the words "based on a finding of rehabilitation."

    [RCW 9.41.040(3)]
    (3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person
    has been “convicted”, whether in an adult court or adjudicated in a juvenile court, at such time
    as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the
    pendency of any future proceedings including but not limited to sentencing or disposition, post-
    trial or post- factfinding motions, and appeals. Conviction includes a dismissal entered after a
    period of probation, suspension or deferral of sentence, and also includes equivalent dispositions
    by courts in jurisdictions other than Washington state. A person shall not be precluded from
    possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate
    of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the
    person convicted or the conviction or disposition has been the subject of a pardon, annulment, or
    other equivalent procedure based on a finding of innocence. Where no record of the court's
    disposition of the charges can be found, there shall be a rebuttable presumption that the person
    was not convicted of the charge.

    I see why there is a question of whether you need the exact words "based on a finding of
    rehabilitation." I would argue that the language in the pardon that restores your lawful right to
    own and possess a fire arm is ipso facto "based on a finding of rehabilitation."

    The former AG thinks you need the exact language. I have reviewed the case law history and do not
    find a clear case on point that decides whether the exact words "based on a finding of
    rehabilitation" must be included in a pardon. That is for a Washington court to decide.


     
     

 
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