You Can Lose Your Gun Rights without A Conviction

Posted by Keith Hall | Nov 20, 2017 | 0 Comments

We represent many clients in protection order hearings, and one of the things that surprises many of the people that I meet with, is that you can lose your firearm rights from only the allegations in a protection order hearing, even without being convicted of a crime. 

In some ways this makes sense, in that society doesn't want those that are threatening or assaulting their loved ones, to have access to guns that could make the situation worse.  However, in practice, we see these protection orders filed against roommates, landlords, tenants, and in all kinds of situations where there is no real physical danger.  Law enforcement often serves these orders on the respondent (non-protected party), and I have had many people tell me that the police officer told them that they don't have to go to court, if they just don't want to see the person anymore. The problem with this is that buried in the protection order in small print, is a warning that a person will lose their gun rights if they don't fight the protection order.  This means that someone for who an order is granted against will lose their gun rights, and their guns will be confiscated by law enforcement. 

A new task force has been formed to seize guns from those that are accused of domestic abuse in King County.  See a special report on this task force here.  Law enforcement officers are applying for, and receiving, search warrants to enter the homes of persons who have lost their gun rights (even temporarily).   

If you or someone you know are served with a protection order, you should immediately consult with a competent attorney regarding your rights and responsibilities in your case.  

About the Author

Keith Hall

Keith is our firm's lead criminal defense attorney.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Newton & Hall | Criminal Lawyers

Criminal defense provided with professional integrity by caring and experienced lawyers. Available 24 hours a day, 7 days a week. Serving the greater Puget Sound region from our Kent and Bellevue Washington offices.

King County Criminal Defense Attorneys

When you are facing serious criminal charges, we can help. Call us at either (253) 867-2675 KENT or (425) 320-4644 BELLEVUE to schedule a free initial consultation.