(Credit: SolidMaks/Shutterstock.com) State Appellate Court: Federal Law Does Not Preclude Domestic Violence Convict From Having Right to Possess Firearm Restored
"We hold that 18 U.S.C. § 922(g)(9) does not preempt RCW 9.41.040(4). Therefore, Kincer is entitled to have his right to possess a firearm restored under RCW 9.41.040(4)," Judge Bradley Maxa wrote. "However, we emphasize that it still may be unlawful for Kincer to possess a firearm under federal law. In this situation, trial courts may want to insert a clause in the restoration order stating that the order does not affect the petitioner's right to possess a firearm under federal law."
April 25, 2023 at 11:00 AM
6 minute read
The Washington State Court of Appeals reversed a trial court's ruling denying a man convicted of misdemeanor domestic violence from having his right to possess a firearm restored under state law because restoring a person's right to have a gun does not conflict with the federal prohibition of possessing a weapon.
In an April 18 opinion written by Judge Bradley A. Maxa, a three-judge panel of the second division of the Court of Appeals for the State of Washington ruled that federal law didn't prohibit Terry L. Kincer's the restoration of his right to possess a firearm under state law, as the two do not conflict.
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