Supreme Court restores convict's right to gun possession
Rivard v. State, No. 82431-2 (briefs and argument). The Supreme Court unanimously ruled that a legislative reclassification of a crime cannot apply retroactively for purposes of prohibiting a person from possessing a firearm. James Rivard was convicted of vehicular homicide in 1994. At the time, vehicular homicide was a class B felony, and only class A felons permanently forfeited their right to possess firearms. But a judge mistakenly sentenced Rivard to forfeiture of this right. The legislature subsequently amended the firearm statute to prohibit firearms to anyone convicted of a “serious offense,” including vehicular homicide.
After he was released from prison, Rivard petitioned for restoration of his firearm rights. The trial court, concluding that the reclassification had no retroactive effect, granted the petition. The Court of Appeals, however, held that the firearm regulations are regulatory rather than punitive, and so can be applied retroactively.
Today the Supreme Court, with Justice Charles Johnson writing, rules that Rivard is not barred from possessing a firearm. “Because Rivard’s conviction for vehicular homicide remains a class B felony, he was eligible under RCW 9.41.040 to petition to have his right to possess a firearm restored. The trial court thus correctly restored his rights. We reverse the Court of Appeals and reinstate the trial court’s decision.”
