What Disqualifies You from Owning a Gun in Washington State?
In Washington state, the right to bear arms is protected by the Second Amendment to the United States Constitution and Article I, Section 24 of the Washington State Constitution. However, there are certain individuals who are prohibited from owning or possessing firearms due to various reasons. In this article, we will explore what disqualifies you from owning a gun in Washington state.
Felony Convictions
One of the most significant disqualifiers from owning a gun in Washington state is a felony conviction. Under RCW 9.41.040, any person who has been convicted of a felony is prohibited from possessing a firearm. This includes both violent and non-violent felonies. If you have been convicted of a felony, you will need to petition the court to have your rights restored before you can apply for a concealed pistol license or purchase a firearm.
Misdemeanor Convictions
While a felony conviction is a clear disqualifier, a misdemeanor conviction can also disqualify you from owning a gun in Washington state. Under RCW 9.41.040, any person who has been convicted of a misdemeanor crime of domestic violence is prohibited from possessing a firearm. Additionally, if you have been convicted of a misdemeanor crime that involves the use or threatened use of physical force against another person, you may be prohibited from owning a gun.
Mental Health Issues
Mental health issues can also disqualify you from owning a gun in Washington state. Under RCW 9.41.040, any person who has been adjudicated as mentally incompetent or committed to a mental institution is prohibited from possessing a firearm. Additionally, if you have been diagnosed with a mental health condition that makes you a danger to yourself or others, you may be prohibited from owning a gun.
Domestic Violence
Domestic violence is another significant disqualifier from owning a gun in Washington state. Under RCW 9.41.040, any person who has been convicted of a domestic violence crime is prohibited from possessing a firearm. This includes crimes such as assault, harassment, and stalking.
Protection Orders
If you have a protection order in place against you, you may be disqualified from owning a gun in Washington state. Under RCW 9.41.040, any person who is subject to a protection order that restrains them from harassing, intimidating, or threatening another person is prohibited from possessing a firearm.
Drug-Related Offenses
Drug-related offenses can also disqualify you from owning a gun in Washington state. Under RCW 9.41.040, any person who has been convicted of a drug-related offense is prohibited from possessing a firearm. This includes crimes such as drug possession, drug trafficking, and drug paraphernalia possession.
Other Disqualifiers
In addition to the above disqualifiers, there are several other circumstances that can prevent you from owning a gun in Washington state. These include:
- Reckless endangerment: If you have been convicted of reckless endangerment, you may be disqualified from owning a gun.
- Harassment: If you have been convicted of harassment, you may be disqualified from owning a gun.
- Stalking: If you have been convicted of stalking, you may be disqualified from owning a gun.
- Assault: If you have been convicted of assault, you may be disqualified from owning a gun.
- Breach of a restraining order: If you have been convicted of breaching a restraining order, you may be disqualified from owning a gun.
Table: Disqualifiers from Owning a Gun in Washington State
| Disqualifier | Description |
|---|---|
| Felony Conviction | Any person who has been convicted of a felony is prohibited from possessing a firearm. |
| Misdemeanor Conviction | Any person who has been convicted of a misdemeanor crime of domestic violence or a misdemeanor crime that involves the use or threatened use of physical force against another person is prohibited from possessing a firearm. |
| Mental Health Issues | Any person who has been adjudicated as mentally incompetent or committed to a mental institution is prohibited from possessing a firearm. |
| Domestic Violence | Any person who has been convicted of a domestic violence crime is prohibited from possessing a firearm. |
| Protection Orders | Any person who is subject to a protection order that restrains them from harassing, intimidating, or threatening another person is prohibited from possessing a firearm. |
| Drug-Related Offenses | Any person who has been convicted of a drug-related offense is prohibited from possessing a firearm. |
| Reckless Endangerment | Any person who has been convicted of reckless endangerment may be disqualified from owning a gun. |
| Harassment | Any person who has been convicted of harassment may be disqualified from owning a gun. |
| Stalking | Any person who has been convicted of stalking may be disqualified from owning a gun. |
| Assault | Any person who has been convicted of assault may be disqualified from owning a gun. |
| Breach of a Restraining Order | Any person who has been convicted of breaching a restraining order may be disqualified from owning a gun. |
Conclusion
In conclusion, there are several circumstances that can disqualify you from owning a gun in Washington state. These include felony and misdemeanor convictions, mental health issues, domestic violence, protection orders, drug-related offenses, and other disqualifiers. It is important to understand these disqualifiers before attempting to purchase or possess a firearm in Washington state.
