No. 24-403

Cai Hunter McIntosh v. Washington

Lower Court: Washington
Docketed: 2024-10-10
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights-restoration federal-law firearm-rights juvenile-conviction second-amendment state-law
Key Terms:
SecondAmendment
Latest Conference: 2024-12-06
Question Presented (AI Summary)

Should a sealed juvenile conviction that has essentially disappeared and for which a person's civil rights have been restored prevent someone from owning a firearm under federal law?

Question Presented (from Petition)

QUESTION PRESENTED In all fifty States, a person loses the constitutional right to possess firearms after being convicted of a crime punishable by more than one year in prison, even if the person committed the crime as a juvenile. If, however, a court sets aside the conviction or restores the individual’s civil rights, the conviction disappears for purposes of federal law, and the person regains the constitutional right to keep and bear arms. In this case, the Washington Supreme Court refused to consider the petition of a young man who lost his firearm rights even though his state juvenile convictions were sealed and therefore “shall be treated as if they never occurred” under Washington law. Furthermore, Washington had already restored his civil rights to vote, to serve on a jury, and to hold public office. The question presented is: Should a sealed juvenile conviction that has essentially disappeared and for which a person’s civil rights have been restored prevent someone from owning a firearm under federal law?

Docket Entries

2024-12-09
Petition DENIED.
2024-11-19
DISTRIBUTED for Conference of 12/6/2024.
2024-11-05
Waiver of right of respondent Washington to respond filed.
2024-10-08
Petition for a writ of certiorari filed. (Response due November 12, 2024)

Attorneys

Cai Hunter McIntosh
Brian Christopher ZuanichZuanich Law PLLC, Petitioner
Brian Christopher ZuanichZuanich Law PLLC, Petitioner
Washington
Rachael RogersClark County Prosecuting Attorney's Office, Respondent
Rachael RogersClark County Prosecuting Attorney's Office, Respondent