Washington v. Dennis (Majority and Dissent)
Annotate this CaseThis case concerned the statutory interpretation of the portion of RCW 9.41.040 dealing with the requirements for restoration of firearm rights. In 1991, Edgar Dennis, III was convicted of second degree robbery, third degree assault and two counts of felony violation of the Uniform Controlled Substances Act, chapter 69.50 RCW. In 1998, Dennis was convicted on third degree assault. The 1991 convictions disqualified him from possessing a firearm. After serving his sentence, he lived in the community for over fifteen years without a conviction. Then in 2014, he was convicted of misdemeanor first degree negligent driving. In 2016, Dennis petitioned for restoration of his firearm rights without disclosing the 2014 conviction. The State objected, informing the trial court of the 2014 conviction. The State argued the statutory requirement of a five-year conviction-free period had to immediately precede a petition for restoration. The superior court denied the petition. In moving for reconsideration, Dennis argued the trial court erred by not following the Court of Appeals' interpretation of the statute that any conviction-free five-year period satisfies the requirement. The Washington Supreme Court agreed that any five-year conviction-free period satisfied the requirement for eligibility to petition for restoration of firearm rights.
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