State v. Swanson

65 P.3d 343
CourtCourt of Appeals of Washington
DecidedMarch 4, 2003
Docket28012-4-II
StatusPublished
Cited by37 cases

This text of 65 P.3d 343 (State v. Swanson) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Swanson, 65 P.3d 343 (Wash. Ct. App. 2003).

Opinion

65 P.3d 343 (2003)
116 Wash.App. 67

STATE of Washington, Respondent,
v.
Sigiel SWANSON, Appellant.

No. 28012-4-II.

Court of Appeals of Washington, Division 2.

March 4, 2003.

*344 Karen Mccarty Lundahl, Attorney at Law, Tacoma, WA, for Appellant.

John Christopher Hillman, Pierce County Prosecuting Attorney, Tacoma, WA, for Respondent.

BRIDGEWATER, 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 petition—once the petitioner has satisfied the enumerated requirements. Thus, we reverse the trial court's denial of Swanson's petition.

On February 26, 1999, Swanson was convicted of fourth degree assault and interfering with a report of domestic violence. The incident that led to these convictions occurred on September 9, 1998. Both convictions were designated as domestic violence related crimes and were misdemeanors. Under Washington law, Swanson's fourth degree assault conviction resulted in the loss of his right to lawfully own and possess firearms. RCW 9.41.040(1)(b)(i).[1]

In April 2001, Swanson petitioned the Pierce County Superior Court to have his firearm rights restored. The State filed a response urging that the court deny Swanson's petition because he had not spent three years in the community without reoffending, which made him ineligible to seek relief. Swanson petitioned the court again on September *345 4, 2001. The State filed a response arguing that Swanson had not demonstrated that he was safe to own and possess guns. The court concluded that Swanson was eligible to petition the court for restoration of his rights and that RCW 9.41.040(4) gave the court discretion to grant or deny the petition. The court denied the petition, holding that Swanson presented no evidence to convince the court that his firearm rights should be restored. Swanson moved for reconsideration and the court denied the motion, holding that he was not a safe person in the community with a firearm. Swanson appeals the petition order.

We must decide whether RCW 9.41.040(4) confers discretion on the petitioned court to grant or deny a petitioner's request for firearm rights restoration.

Statutory construction is a question of law that we review de novo. Stuckey v. Dep't of Labor & Indus., 129 Wash.2d 289, 295, 916 P.2d 399 (1996). The fundamental objective of statutory construction is to ascertain and carry out the Legislature's intent. Rozner v. Bellevue, 116 Wash.2d 342, 347, 804 P.2d 24 (1991). If the statute is plain and unambiguous, its meaning must be derived from the statute's words alone. Rozner, 116 Wash.2d at 347, 804 P.2d 24. "A statute is ambiguous if it can reasonably be interpreted in two or more ways, but it is not ambiguous simply because different interpretations are conceivable." Berger v. Sonneland, 144 Wash.2d 91, 105, 26 P.3d 257 (2001). The courts need not discern an ambiguity by imagining a variety of alternative interpretations. Berger, 144 Wash.2d at 105, 26 P.3d 257.

The statute at issue, RCW 9.41.040, is not a model of clarity. While it does specifically set forth several threshold requirements that an individual must meet before petitioning,[2] it does not espouse any procedure to be followed at court respecting parties or time limits; it does not refer to burdens; it does not mention any requirements, other than pre-petition requirements, that a petitioner must prove or satisfy; and, it does not expressly confer or refer to the court's discretion. In short, the statute's plain language is unhelpful due to various omissions. Thus, we must evaluate the several omissions in order to understand the legislative intent with regard to firearm rights restoration.

But first, we pause to consider another argument. The State contends that the legislative findings and intent for the "Hard Time for Armed Crime Act"[3] (the Act) bear on the question of a court's discretion in granting or denying a petition to restore firearm rights. The Legislature expressly intended that the Act deter criminals from possessing deadly weapons when committing crimes and to generally "stigmatize" the possession of such weapons by criminals. Laws of 1995, ch. 129, § 1.[4] The "FINDINGS AND *346 INTENT" section of the Act does not address firearm rights restoration in general or a court's discretion in the rights restoration context in particular. Thus, the Legislature's express findings and intent shed scant light on the issue that we face.

A. Constitutional right

The Washington constitution commands that "[t]he right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired." CONST. art. I, § 24. In contrast to several other jurisdictions,[5] a Washington citizen's right to bear arms is individual. With this in mind, we turn to various legislative enactments.

B. Other relevant statutes

(1) RCW 9.96.010. This statute confers, upon the state governor, the power to restore the civil rights of an imprisoned individual whose term "is about to expire or has expired, and ... has not otherwise had his civil rights restored." The Legislature expressly made the governor's power discretionary.[6]

(2) RCW 9.96.050. This statute prescribes the procedure for restoring civil rights to parolees who have been finally discharged. It provides:

When a prisoner on parole has performed the obligations of his or her release ... for such time as shall satisfy the indeterminate sentence review board that his or her final release is not incompatible with the best interests of society and the welfare of the paroled individual, the board may make a final order of discharge and issue a certificate of discharge to the prisoner.

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65 P.3d 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-swanson-washctapp-2003.