Legal Question in Criminal Law in Washington

felons possessing fire arms

Can a person convicted of a drug felony in Washington own or possess a firm arm in Montana legally?


Asked on 1/30/05, 5:21 pm

3 Answers from Attorneys

Paul Ferris Law Office of Paul T. Ferris

Until restored in WA, you are limited

This answer applies only federal and WA state law.

The feds look to the law of the jurisdiction in which you were convicted to determine whether you are prohibited. Thus, if you are prohibited from possessing firearms in WA, you are prohibited from possessing firearms anywhere in the U.S. and subject to federal prosecution. Once your firearm rights are restored in WA, you will no longer be prohibited under federal law.

Note that true muzzleloaders are not prohibited weapons under the gun control act. They do, however, fall within the definition of "firearm" under WA law. If you are prohibited from possessing firearms in WA, then the only thing you could legally possess in MT under federal law is a muzzleloader.

These are general rules. Whether you meet some exception depends on the particular offense, the date of the conviction and the ultimate disposition, e.g. dismissal after deferred sentence.

Read more
Answered on 1/31/05, 4:33 pm
Stephen Kozer Stephen J. Kozer, Attorney at Law P.S. Inc.

Re: felons possessing fire arms

NOt in Washington and I do not know about Montana

Read more
Answered on 1/31/05, 11:05 am
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: felons possessing fire arms

I assume you meant firearm in your query rather than firm arm. As a matter of federal law, a convicted felon cannot own or possess firearms anywhere in the U.S. Montana has an exception that I believe to be good within the borders of the state only and a requirement to qualify for that exception is found in Article II, Section 28 of our State Constitution. My reading of that would lead me to believe that the individual's civil rights, including right to bear arms, are restored at the end of state supervision for any offense against the state. I would read this narrowly and say that this applies only to Montana felonies, not Washington felonies. Others may disagree.

Read more
Answered on 1/31/05, 11:09 am


Related Questions & Answers

More Criminal Law questions and answers in Washington