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Thread: Heller Comes to the WA Courts

  1. #1
    Regular Member Mainsail's Avatar
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    Court of Appeals

    Schindler, C.J. -- Ownership and possession of firearms is subject to reasonable regulation. Because the statute that prohibits a defendant who is convicted of a serious offense from owning or possessing firearms is a reasonable restriction on the state constitutional right to bear arms, we affirm.

    Both parties engage in an analysis of the constitutional right to bear arms under State v. Gunwall, 106 Wn.2d 54, 720 P.2d 808 (1986). The parties agree that the right is broader under the Washington Constitution, and for purposes of the opinion we assume it is. However, after oral argument, the United States Supreme Court addressed the question of whether an absolute ban on handguns violated the Second Amendment to the United States Constitution. District of Columbia v. Heller, 128 S. Ct. 2783, 171 L. Ed. 2d 637 (2008). The Court held the Second Amendment confers an individual right to possess and carry arms, and the ban on handgun possession in the home was inconsistent with that right. Heller, 128 S.Ct. at 2799,
    2822.
    Whether the statutory restriction on gun ownership in RCW 9.41.040(1)(a) is reasonable depends on balancing the public benefit derived from the regulation against the degree to which it frustrates the purpose of the constitutional provision-to ensure self-defense or defense of the State.



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    Which we knew was going to happen. So all the "gunzforfelonz" lawsuits are accomplishing nothing but creating precedent for restrictions on our right to bear arms.

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    This is an unpublished opinion......

    DO NOT CITE:

    http://www.courts.wa.gov/opinions/in...name=597035MAJ

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