Ordinance 3751-20 - Laserfiche WebLink

1 disposition has been the subject of a pardon, annulment, or other 2 equivalent procedure based on a finding of innocence. Where no record 3 of the court' s disposition of the charges can be found, there shall 4 be a rebuttable presumption that the person was not convicted of the 5 charge. 6 (4) (a) Notwithstanding subsection (1) or (2) of this section, a 7 person convicted or found not guilty by reason of insanity of an 8 offense prohibiting the possession of a firearm under this section 9 other than murder, manslaughter, robbery, rape, indecent liberties, 10 arson, assault, kidnapping, extortion, burglary, or violations with 11 respect to controlled substances under RCW 69. 50. 401 and 69. 50. 410, 12 who received a probationary sentence under RCW 9. 95.200, and who 13 received a dismissal of the charge under RCW 9. 95.240, shall not be 14 precluded from possession of a firearm as a result of the conviction 15 or finding of not guilty by reason of insanity. Notwithstanding any 16 other provisions of this section, if a person is prohibited from 17 possession of a firearm under subsection (1) or (2) of this section 18 and has not previously been convicted or found not guilty by reason 19 of insanity of a sex offense prohibiting firearm ownership under 20 subsection (1) or (2) of this section and/or any felony defined under 21 any law as a class A felony or with a maximum sentence of at least 22 twenty years, or both, the individual may petition a court of record 23 to have his or her right to possess a firearm restored: 24 (i) Under RCW 9. 41 . 047; and/or 25 (ii) (A) If the conviction or finding of not guilty by reason of 26 insanity was for a felony offense, after five or more consecutive 27 years in the community without being convicted or found not guilty by 28 reason of insanity or currently charged with any felony, gross 29 misdemeanor, or misdemeanor crimes, if the individual has no prior 30 felony convictions that prohibit the possession of a firearm counted 31 as part of the offender score under RCW 9. 94A. 525; or 32 (B) If the conviction or finding of not guilty by reason of 33 insanity was for a nonfelony offense, after three or more consecutive 34 years in the community without being convicted or found not guilty by 35 reason of insanity or currently charged with any felony, gross 36 misdemeanor, or misdemeanor crimes, if the individual has no prior 37 felony convictions that prohibit the possession of a firearm counted 38 as part of the offender score under RCW 9. 94A.525 and the individual 39 has completed all conditions of the sentence. p. 10 SHB 2473.SL