Payseno v. Kitsap County

¶1

Sutton, J.

Clifford Payseno appeals the superior court’s denial of his petition to restore his right to possess a firearm. We are asked to decide whether the requirement in RCW Si.dl.OdOCdXaXiiXA)1 that a petitioner be crime-free for five years is satisfied by an earlier crime-free period or whether the crime-free period must immediately precede the filing of the petition.

¶2 We hold that RCW 9.41.040(4)(a)(ii)(A) is ambiguous as applied to the facts of this case. The statute can be interpreted as requiring a petitioner to be crime-free for the five-year period immediately preceding the…