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State Appellate Court: Federal Law Does Not Preclude Domestic Violence Convict From Having Right to Possess Firearm Restored

“We hold that 18 U.S.C. § 922(g)(9) does not preempt RCW 9.41.040(4). Therefore, Kincer is entitled to have his right to possess a firearm restored under RCW 9.41.040(4),” Judge Bradley Maxa wrote. “However, we emphasize that it still may be unlawful for Kincer to possess a firearm under federal law. In this situation, trial courts may want to insert a clause in the restoration order stating that the order does not affect the petitioner’s right to possess a firearm under federal law.”

       

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