Legal Opinion

State v. Swanson

Court of Appeals of Washington

Decided March 4, 2003No. 28012-4-IIPublishedCited by 36 opinions

1Opinion of the CourtBridgewater, J.

Sigiel Swanson appeals the trial court’s decision denying his petition for restoration of his firearm rights. Swanson contends that the court had no discretion to deny his petition once he demonstrated that he had satisfied the several requirements enumerated at RCW 9.41.040(4)(b)(ii). Because RCW 9.41.040(4) does not expressly grant the restoring court any discretion or state a burden of proof, but does set forth several requirements that must be satisfied before an individual petitions for restoration, we hold that the restoring court serves a ministerial function — i.e., granting the…

Also in this document: Concurrence.

2Cases cited12 opinions

  1. Rozner v. City of BellevueWashington Supreme Court · 1991
  2. Berger v. SonnelandWashington Supreme Court · 2001
  3. Berger v. SonnelandWashington Supreme Court · 2001
  4. Washington Natural Gas Co. v. Public Utility District No. 1Washington Supreme Court · 1969
  5. Stuckey v. Department of Labor & IndustriesWashington Supreme Court · 1996

7 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. State v. SwansonCourt of Appeals of Washington · 2003
  2. State v. DennisWashington Supreme Court · 2018
  3. Payseno v. Kitsap CountyCourt of Appeals of Washington · 2015
  4. State v. MasangkayCourt of Appeals of Washington · 2004
  5. State v. MasangkayCourt of Appeals of Washington · 2004

31 more not listed; retrieve them via the Exa API.

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