State v Radan :: 143 Wn2d 323
Category: Second Amendment
Richard Allen Radan was convicted in Montana for first degree theft in 1987. In 1989, he moved to Washington and his (parole) supervision was transferred to Washington State. In 1994 his parole officer recommended him for early discharge. The State of Montana agreed and restored his rights automatically and with a letter of discharge (at 326, 36). It is not certain whether Radan ever lost his right to possess firearms (at 328). Meanwhile, Radan had no new arrests and paid his restitution for the theft.
In 1997, Radan thought there was a prowler on his property and called the police. When two officers arrived, they found him in possession of a handgun. A few days later, they obtained a search warrant and also found a rifle. A few days later, Montana Department of Corrections sent a letter to the Sheriff in Newport stating that Radan had been discharged and his rights fully restored. Nevertheless, the county prosecutor charged him as a second degree felon in possession of a firearm.
The Superior Court found that Radan had been discharged and because his rights were fully restored he could not be prosecuted as a felon in possession in Washington State (at 327). The Appellate Court found that the statute “requires something more than an automatic restoration of an individual’s civil rights.” [At 320]. The Supreme Court agreed with the verbiage of the statute but held that the letter of discharge along with the automatic restoration of civil rights satisfies the “other equivalent procedure” clause of the statute (At 336).
Talmadge complains in his dissent that Radan is not rehabilitated (at 337). Although, Radan’s crime was not a violent one, he paid his restitution and he has proven not to be a danger to society. Next, Talmadge laments that if Radan had performed his crime in Washington his rights would never have been restored so easily. But the fact remains the crime was not committed in this State (at 337). The opportunity to close loopholes (if this is one) is not the province of the courts but the legislature.
Rating the Usual Suspects:
| pass | Alexander, Gerry | |
| pass | Brown, Stephen | |
| pass | Johnson, Charles | |
| pass | Kristianson, Larry | |
| pass | Madsen, Barbara | |
| pass | Sanders, Richard | |
| pass | Smith, Charles | |
| pass | Trageser, Timothy | |
| fail | Bridge, Bobbe | |
| fail | Brown, Stephen | |
| fail | Guy, Richard | |
| fail | Ireland, Faith | |
| fail | Kato, Kenneth | |
| fail | Koures, Antonio | |
| fail | Kurtz, Frank | |
| fail | Metzger, Thomas A | |
| fail | Talmadge, Phil |