Persons subject to no-contact orders, protection orders, and restraining orders face significant legal challenges to gun ownership.
As reported in The Spokesman-Review, Washington Governor Jay Inslee signed a new Domestic Violence Gun Law Bill on March 28, 2014 with an effective date of June 12, 2014.
“House Bill 1840 allows a judge to require someone with a history of domestic violence to surrender their weapons if they are under a no contact order or permanent restraining order. It’s not automatic, and before the guns are surrendered the owner must be given a chance for a hearing to contest the order”, according to the article. The Bill passed unanimously in both houses.
The article includes one story that can be characterized as an impetus behind the new bill. Corey Holten was assaulted by her ex-husband at gun point after she appeared in court for a protective order and told the judge presiding over the case, he (her ex-husband had guns and she was scared.
HB 184o includes under Sec. 2: RCW 9.41.800 and 2013 c 84 s 25 are each amended to read as follows:
(1) Any court when entering an order authorized under chapter 7.92 RCW, RCW 7.90.090, 9A.46.080, 10.14.080, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060, 26.50.070, or 26.26.590 shall, upon a showing by clear and convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, or previously committed any offense that makes him or her ineligible to possess a firearm under the provisions of RCW 9.41.040:
(a) Require the party to surrender any firearm or other dangerous weapon;
(b) Require the party to surrender any concealed piston license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
Also under Sec. 2:
(3) During any period of time that the person is subject to a court order issued under chapter 7.90, 7.92, 9A.46, 10.14, 10.99, 26.09, 26.10, 26.26, or 26.50 RCW that:
(a) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
(b) Restrains the person from harassing, stalking, or threatening an intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(c)(i) Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child that would reasonably be expected to cause bodily injury, the court shall:
(A) Require the party to surrender any firearm or other dangerous weapon;
(B) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;
(C) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon; and
(D) Prohibit the party from obtaining or possessing a concealed pistol license.
The new law is scheduled to take effect June 2014. Criminal Defense attorneys especially those who defend Domestic Violence cases would be wise to familiarize themselves with HB 1840 to effectively represent their clients when new challenges to gun possession by the courts and prosecutors come down the pike later this summer.
To read HB 1840 in its entirety, please click on the following link.
To read HB 1840’s legislative history, please click on the following link.
To read The Spokesman-Review article in its entirety, please click on the following link.
