State v. Radan

Kurtz, A.C.J.

RCW 9.41.040 prohibits any person convicted of a felony from possessing a firearm. However, a person cannot be precluded from possession of a firearm if the predicate conviction has been the subject of a postconviction procedure based on a finding of rehabilitation or innocence under RCW 9.41.040(3). Richard A. Radan was charged with second degree unlawful possession of a firearm based on a prior felony conviction in Montana. The trial court dismissed the unlawful possession charge, concluding that Mr. Radan could not be prohibited from possessing a firearm in Washington when his…