SENATE BILL REPORT

SB 5929

BYSenators Talmadge and Deccio

Authorizing firearm restrictions on convicted defendants whose indictments are dismissed.

Senate Committee on Judiciary

Senate Hearing Date(s):February 25, 1987

Senate Staff:Jon Carlson (786-7459)

AS OF FEBRUARY 23, 1987

BACKGROUND:

Prior to November, 1986 federal law prohibited a person convicted of a felony from possessing, transporting, or receiving firearms.  This prohibition applied even if the defendant had his record expunged by the court.  As of November 15, 1986, it is no longer a violation of the federal Gun Control Act for a person whose conviction has been expunged under state law to possess, receive, or transport a firearm unless there is a specific prohibition in the expungement order.

Current Washington law does not authorize a judge who expunges a defendant's record and restores all civil liberties to restrict the defendant's right to possess, transport, or receive firearms.

SUMMARY:

A judge who expunges a defendant's record may provide that the defendant may not possess, transport, or receive firearms.

Fiscal Note:      none requested