Malicious mischief in the 3rd degree DV prevents me from losing my gun rights?

Asked almost 2 years ago - Tacoma, WA

I plead guilty to malicious mischief in the 3rd degree and was wondering if that bans my gun rights?

Attorney answers (3)

  1. Kenan Lee Isitt

    Contributor Level 14

    2

    Lawyers agree

    Answered . It does not appear so, though you should really talk to your attorney.

    The statute RCW 9.41.040 lists a number of crimes that make you ineligible to possess a firearm, and malicious mischief 3 is not one of them: http://apps.leg.wa.gov/rcw/default.aspx?cite=9....

    There could be other reasons why you might be ineligible to possess a firearm, but a conviction for malicious mischief 3 in Washington State does not appear to be one of them.

  2. Jeffrey W Holmes

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . You should be fine under the State Statute as MM3 DV is not a crime for which you lose your State firearms rights. If a DV No Contact Order was put in place as part of your conviction, however, you may be prohibited from obtaining a firearm pursuant to 18 USC 922 as there are federal prohibitions under some circumstances where the individual is the restrained party in a DV NCO. I attached a link to the Federal statute for you to review (18 USC 922(g) specifically).

    Jeff Holmes - Attorney at Law - holmescriminaldefense@gmail.com - 360.975.9288. Disclaimer: This answer does not... more
  3. Ryan Hogaboam

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I agree with previous answers, but I want to expand upon loss of Federal and State gun rights after a domestic violence charge.

    Under Federal Law, 18 U.S.C. § 922(g)(9) prohibits a person who has been convicted of a "misdemeanor crime of domestic violence" from possessing a firearm.

    18 U.S.C. § 921(a)(33)(A)(ii) defines "misdemeanor crime of domestic violence" as a misdemeanor under Federal or State law that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by one family member or member of a household against another.

    Malicious mischief in the 3rd degree (RCW 9A.48.090) does not have as an element use of physical force against a person. Rather, malicious mischief is a knowing and malicious act that causes physical damage to the property of another.

    So, no loss of Federal gun rights.

    Under state law, RCW 9.41.040 prohibits a person convicted of: (1) a "serious offense" (most felonies); or (2) "any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040)" from possessing a firearm.

    Thus, no loss of State gun rights.

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